[113th Congress Public Law 128]
[From the U.S. Government Publishing Office]
[[Page 128 STAT. 1425]]
Public Law 113-128
113th Congress
An Act
To amend the Workforce Investment Act of 1998 to strengthen the United
States workforce development system through innovation in, and alignment
and improvement of, employment, training, and education programs in the
United States, and to promote individual and national economic growth,
and for other purposes. <<NOTE: July 22, 2014 - [H.R. 803]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Workforce
Innovation and Opportunity Act.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 29 USC 3101 note.>> Short Title.--This Act may be cited
as the ``Workforce Innovation and Opportunity Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
TITLE I--WORKFORCE DEVELOPMENT ACTIVITIES
Subtitle A--System Alignment
Chapter 1--State Provisions
Sec. 101. State workforce development boards.
Sec. 102. Unified State plan.
Sec. 103. Combined State plan.
Chapter 2--Local Provisions
Sec. 106. Workforce development areas.
Sec. 107. Local workforce development boards.
Sec. 108. Local plan.
Chapter 3--Board Provisions
Sec. 111. Funding of State and local boards.
Chapter 4--Performance Accountability
Sec. 116. Performance accountability system.
Subtitle B--Workforce Investment Activities and Providers
Chapter 1--Workforce Investment Activities and Providers
Sec. 121. Establishment of one-stop delivery systems.
Sec. 122. Identification of eligible providers of training services.
Sec. 123. Eligible providers of youth workforce investment activities.
Chapter 2--Youth Workforce Investment Activities
Sec. 126. General authorization.
Sec. 127. State allotments.
Sec. 128. Within State allocations.
Sec. 129. Use of funds for youth workforce investment activities.
Chapter 3--Adult and Dislocated Worker Employment and Training
Activities
Sec. 131. General authorization.
[[Page 128 STAT. 1426]]
Sec. 132. State allotments.
Sec. 133. Within State allocations.
Sec. 134. Use of funds for employment and training activities.
Chapter 4--General Workforce Investment Provisions
Sec. 136. Authorization of appropriations.
Subtitle C--Job Corps
Sec. 141. Purposes.
Sec. 142. Definitions.
Sec. 143. Establishment.
Sec. 144. Individuals eligible for the Job Corps.
Sec. 145. Recruitment, screening, selection, and assignment of
enrollees.
Sec. 146. Enrollment.
Sec. 147. Job Corps centers.
Sec. 148. Program activities.
Sec. 149. Counseling and job placement.
Sec. 150. Support.
Sec. 151. Operations.
Sec. 152. Standards of conduct.
Sec. 153. Community participation.
Sec. 154. Workforce councils.
Sec. 155. Advisory committees.
Sec. 156. Experimental projects and technical assistance.
Sec. 157. Application of provisions of Federal law.
Sec. 158. Special provisions.
Sec. 159. Management information.
Sec. 160. General provisions.
Sec. 161. Job Corps oversight and reporting.
Sec. 162. Authorization of appropriations.
Subtitle D--National Programs
Sec. 166. Native American programs.
Sec. 167. Migrant and seasonal farmworker programs.
Sec. 168. Technical assistance.
Sec. 169. Evaluations and research.
Sec. 170. National dislocated worker grants.
Sec. 171. YouthBuild program.
Sec. 172. Authorization of appropriations.
Subtitle E--Administration
Sec. 181. Requirements and restrictions.
Sec. 182. Prompt allocation of funds.
Sec. 183. Monitoring.
Sec. 184. Fiscal controls; sanctions.
Sec. 185. Reports; recordkeeping; investigations.
Sec. 186. Administrative adjudication.
Sec. 187. Judicial review.
Sec. 188. Nondiscrimination.
Sec. 189. Secretarial administrative authorities and responsibilities.
Sec. 190. Workforce flexibility plans.
Sec. 191. State legislative authority.
Sec. 192. Transfer of Federal equity in State employment security agency
real property to the States.
Sec. 193. Continuation of State activities and policies.
Sec. 194. General program requirements.
Sec. 195. Restrictions on lobbying activities.
TITLE II--ADULT EDUCATION AND LITERACY
Sec. 201. Short title.
Sec. 202. Purpose.
Sec. 203. Definitions.
Sec. 204. Home schools.
Sec. 205. Rule of construction regarding postsecondary transition and
concurrent enrollment activities.
Sec. 206. Authorization of appropriations.
Subtitle A--Federal Provisions
Sec. 211. Reservation of funds; grants to eligible agencies; allotments.
Sec. 212. Performance accountability system.
[[Page 128 STAT. 1427]]
Subtitle B--State Provisions
Sec. 221. State administration.
Sec. 222. State distribution of funds; matching requirement.
Sec. 223. State leadership activities.
Sec. 224. State plan.
Sec. 225. Programs for corrections education and other institutionalized
individuals.
Subtitle C--Local Provisions
Sec. 231. Grants and contracts for eligible providers.
Sec. 232. Local application.
Sec. 233. Local administrative cost limits.
Subtitle D--General Provisions
Sec. 241. Administrative provisions.
Sec. 242. National leadership activities.
Sec. 243. Integrated English literacy and civics education.
TITLE III--AMENDMENTS TO THE WAGNER-PEYSER ACT
Sec. 301. Employment service offices.
Sec. 302. Definitions.
Sec. 303. Federal and State employment service offices.
Sec. 304. Allotment of sums.
Sec. 305. Use of sums.
Sec. 306. State plan.
Sec. 307. Performance measures.
Sec. 308. Workforce and labor market information system.
TITLE IV--AMENDMENTS TO THE REHABILITATION ACT OF 1973
Subtitle A--Introductory Provisions
Sec. 401. References.
Sec. 402. Findings, purpose, policy.
Sec. 403. Rehabilitation Services Administration.
Sec. 404. Definitions.
Sec. 405. Administration of the Act.
Sec. 406. Reports.
Sec. 407. Evaluation and information.
Sec. 408. Carryover.
Sec. 409. Traditionally underserved populations.
Subtitle B--Vocational Rehabilitation Services
Sec. 411. Declaration of policy; authorization of appropriations.
Sec. 412. State plans.
Sec. 413. Eligibility and individualized plan for employment.
Sec. 414. Vocational rehabilitation services.
Sec. 415. State Rehabilitation Council.
Sec. 416. Evaluation standards and performance indicators.
Sec. 417. Monitoring and review.
Sec. 418. Training and services for employers.
Sec. 419. State allotments.
Sec. 420. Payments to States.
Sec. 421. Client assistance program.
Sec. 422. Pre-employment transition services.
Sec. 423. American Indian vocational rehabilitation services.
Sec. 424. Vocational rehabilitation services client information.
Subtitle C--Research and Training
Sec. 431. Purpose.
Sec. 432. Authorization of appropriations.
Sec. 433. National Institute on Disability, Independent Living, and
Rehabilitation Research.
Sec. 434. Interagency committee.
Sec. 435. Research and other covered activities.
Sec. 436. Disability, Independent Living, and Rehabilitation Research
Advisory Council.
Sec. 437. Definition of covered school.
Subtitle D--Professional Development and Special Projects and
Demonstration
Sec. 441. Purpose; training.
[[Page 128 STAT. 1428]]
Sec. 442. Demonstration, training, and technical assistance programs.
Sec. 443. Migrant and seasonal farmworkers; recreational programs.
Subtitle E--National Council on Disability
Sec. 451. Establishment.
Sec. 452. Report.
Sec. 453. Authorization of appropriations.
Subtitle F--Rights and Advocacy
Sec. 456. Interagency Committee, Board, and Council.
Sec. 457. Protection and advocacy of individual rights.
Sec. 458. Limitations on use of subminimum wage.
Subtitle G--Employment Opportunities for Individuals With Disabilities
Sec. 461. Employment opportunities for individuals with disabilities.
Subtitle H--Independent Living Services and Centers for Independent
Living
Chapter 1--Individuals With Significant Disabilities
subchapter a--general provisions
Sec. 471. Purpose.
Sec. 472. Administration of the independent living program.
Sec. 473. Definitions.
Sec. 474. State plan.
Sec. 475. Statewide Independent Living Council.
Sec. 475A. Responsibilities of the Administrator.
subchapter b--independent living services
Sec. 476. Administration.
subchapter c--centers for independent living
Sec. 481. Program authorization.
Sec. 482. Centers.
Sec. 483. Standards and assurances.
Sec. 484. Authorization of appropriations.
Chapter 2--Independent Living Services for Older Individuals Who Are
Blind
Sec. 486. Independent living services for older individuals who are
blind.
Sec. 487. Program of grants.
Sec. 488. Independent living services for older individuals who are
blind authorization of appropriations.
Subtitle I--General Provisions
Sec. 491. Transfer of functions regarding independent living to
Department of Health and Human Services, and savings
provisions.
Sec. 492. Table of contents.
TITLE V--GENERAL PROVISIONS
Subtitle A--Workforce Investment
Sec. 501. Privacy.
Sec. 502. Buy-American requirements.
Sec. 503. Transition provisions.
Sec. 504. Reduction of reporting burdens and requirements.
Sec. 505. Report on data capability of Federal and State databases and
data exchange agreements.
Sec. 506. Effective dates.
Subtitle B--Amendments to Other Laws
Sec. 511. Repeal of the Workforce Investment Act of 1998.
Sec. 512. Conforming amendments.
Sec. 513. References.
SEC. 2. <<NOTE: 29 USC 3101.>> PURPOSES.
The purposes of this Act are the following:
(1) To increase, for individuals in the United States,
particularly those individuals with barriers to employment,
[[Page 128 STAT. 1429]]
access to and opportunities for the employment, education,
training, and support services they need to succeed in the labor
market.
(2) To support the alignment of workforce investment,
education, and economic development systems in support of a
comprehensive, accessible, and high-quality workforce
development system in the United States.
(3) To improve the quality and labor market relevance of
workforce investment, education, and economic development
efforts to provide America's workers with the skills and
credentials necessary to secure and advance in employment with
family-sustaining wages and to provide America's employers with
the skilled workers the employers need to succeed in a global
economy.
(4) To promote improvement in the structure of and delivery
of services through the United States workforce development
system to better address the employment and skill needs of
workers, jobseekers, and employers.
(5) To increase the prosperity of workers and employers in
the United States, the economic growth of communities, regions,
and States, and the global competitiveness of the United States.
(6) For purposes of subtitle A and B of title I, to provide
workforce investment activities, through statewide and local
workforce development systems, that increase the employment,
retention, and earnings of participants, and increase attainment
of recognized postsecondary credentials by participants, and as
a result, improve the quality of the workforce, reduce welfare
dependency, increase economic self-sufficiency, meet the skill
requirements of employers, and enhance the productivity and
competitiveness of the Nation.
SEC. 3. <<NOTE: 29 USC 3102.>> DEFINITIONS.
In this Act, and the core program provisions that are not in this
Act, except as otherwise expressly provided:
(1) Administrative costs.--The term ``administrative costs''
means expenditures incurred by State boards and local boards,
direct recipients (including State grant recipients under
subtitle B of title I and recipients of awards under subtitles C
and D of title I), local grant recipients, local fiscal agents
or local grant subrecipients, and one-stop operators in the
performance of administrative functions and in carrying out
activities under title I that are not related to the direct
provision of workforce investment services (including services
to participants and employers). Such costs include both
personnel and nonpersonnel costs and both direct and indirect
costs.
(2) Adult.--Except as otherwise specified in section 132,
the term ``adult'' means an individual who is age 18 or older.
(3) Adult education; adult education and literacy
activities.--The terms ``adult education'' and ``adult education
and literacy activities'' have the meanings given the terms in
section 203.
(4) Area career and technical education school.--The term
``area career and technical education school'' has the meaning
given the term in section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2302).
[[Page 128 STAT. 1430]]
(5) Basic skills deficient.--The term ``basic skills
deficient'' means, with respect to an individual--
(A) who is a youth, that the individual has English
reading, writing, or computing skills at or below the
8th grade level on a generally accepted standardized
test; or
(B) who is a youth or adult, that the individual is
unable to compute or solve problems, or read, write, or
speak English, at a level necessary to function on the
job, in the individual's family, or in society.
(6) Career and technical education.--The term ``career and
technical education'' has the meaning given the term in section
3 of the Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2302).
(7) Career pathway.--The term ``career pathway'' means a
combination of rigorous and high-quality education, training,
and other services that--
(A) aligns with the skill needs of industries in the
economy of the State or regional economy involved;
(B) prepares an individual to be successful in any
of a full range of secondary or postsecondary education
options, including apprenticeships registered under the
Act of August 16, 1937 (commonly known as the ``National
Apprenticeship Act''; 50 Stat. 664, chapter 663; 29
U.S.C. 50 et seq.) (referred to individually in this Act
as an ``apprenticeship'', except in section 171);
(C) includes counseling to support an individual in
achieving the individual's education and career goals;
(D) includes, as appropriate, education offered
concurrently with and in the same context as workforce
preparation activities and training for a specific
occupation or occupational cluster;
(E) organizes education, training, and other
services to meet the particular needs of an individual
in a manner that accelerates the educational and career
advancement of the individual to the extent practicable;
(F) enables an individual to attain a secondary
school diploma or its recognized equivalent, and at
least 1 recognized postsecondary credential; and
(G) helps an individual enter or advance within a
specific occupation or occupational cluster.
(8) Career planning.--The term ``career planning'' means the
provision of a client-centered approach in the delivery of
services, designed--
(A) to prepare and coordinate comprehensive
employment plans, such as service strategies, for
participants to ensure access to necessary workforce
investment activities and supportive services, using,
where feasible, computer-based technologies; and
(B) to provide job, education, and career
counseling, as appropriate during program participation
and after job placement.
(9) Chief elected official.--The term ``chief elected
official'' means--
(A) the chief elected executive officer of a unit of
general local government in a local area; and
(B) in a case in which a local area includes more
than 1 unit of general local government, the individuals
[[Page 128 STAT. 1431]]
designated under the agreement described in section
107(c)(1)(B).
(10) Community-based organization.--The term ``community-
based organization'' means a private nonprofit organization
(which may include a faith-based organization), that is
representative of a community or a significant segment of a
community and that has demonstrated expertise and effectiveness
in the field of workforce development.
(11) Competitive integrated employment.--The term
``competitive integrated employment'' has the meaning given the
term in section 7 of the Rehabilitation Act of 1973 (29 U.S.C.
705), for individuals with disabilities.
(12) Core program.--The term ``core programs'' means a
program authorized under a core program provision.
(13) Core program provision.--The term ``core program
provision'' means--
(A) chapters 2 and 3 of subtitle B of title I
(relating to youth workforce investment activities and
adult and dislocated worker employment and training
activities);
(B) title II (relating to adult education and
literacy activities);
(C) sections 1 through 13 of the Wagner-Peyser Act
(29 U.S.C. 49 et seq.) (relating to employment
services); and
(D) title I of the Rehabilitation Act of 1973 (29
U.S.C. 720 et seq.), other than section 112 or part C of
that title (29 U.S.C. 732, 741) (relating to vocational
rehabilitation services).
(14) Customized training.--The term ``customized training''
means training--
(A) that is designed to meet the specific
requirements of an employer (including a group of
employers);
(B) that is conducted with a commitment by the
employer to employ an individual upon successful
completion of the training; and
(C) for which the employer pays--
(i) a significant portion of the cost of
training, as determined by the local board
involved, taking into account the size of the
employer and such other factors as the local board
determines to be appropriate, which may include
the number of employees participating in training,
wage and benefit levels of those employees (at
present and anticipated upon completion of the
training), relation of the training to the
competitiveness of a participant, and other
employer-provided training and advancement
opportunities; and
(ii) in the case of customized training (as
defined in subparagraphs (A) and (B)) involving an
employer located in multiple local areas in the
State, a significant portion of the cost of the
training, as determined by the Governor of the
State, taking into account the size of the
employer and such other factors as the Governor
determines to be appropriate.
(15) Dislocated worker.--The term ``dislocated worker''
means an individual who--
(A)(i) has been terminated or laid off, or who has
received a notice of termination or layoff, from
employment;
[[Page 128 STAT. 1432]]
(ii)(I) is eligible for or has exhausted entitlement
to unemployment compensation; or
(II) has been employed for a duration sufficient to
demonstrate, to the appropriate entity at a one-stop
center referred to in section 121(e), attachment to the
workforce, but is not eligible for unemployment
compensation due to insufficient earnings or having
performed services for an employer that were not covered
under a State unemployment compensation law; and
(iii) is unlikely to return to a previous industry
or occupation;
(B)(i) has been terminated or laid off, or has
received a notice of termination or layoff, from
employment as a result of any permanent closure of, or
any substantial layoff at, a plant, facility, or
enterprise;
(ii) is employed at a facility at which the employer
has made a general announcement that such facility will
close within 180 days; or
(iii) for purposes of eligibility to receive
services other than training services described in
section 134(c)(3), career services described in section
134(c)(2)(A)(xii), or supportive services, is employed
at a facility at which the employer has made a general
announcement that such facility will close;
(C) was self-employed (including employment as a
farmer, a rancher, or a fisherman) but is unemployed as
a result of general economic conditions in the community
in which the individual resides or because of natural
disasters;
(D) is a displaced homemaker; or
(E)(i) is the spouse of a member of the Armed Forces
on active duty (as defined in section 101(d)(1) of title
10, United States Code), and who has experienced a loss
of employment as a direct result of relocation to
accommodate a permanent change in duty station of such
member; or
(ii) is the spouse of a member of the Armed Forces
on active duty and who meets the criteria described in
paragraph (16)(B).
(16) Displaced homemaker.--The term ``displaced homemaker''
means an individual who has been providing unpaid services to
family members in the home and who--
(A)(i) has been dependent on the income of another
family member but is no longer supported by that income;
or
(ii) is the dependent spouse of a member of the
Armed Forces on active duty (as defined in section
101(d)(1) of title 10, United States Code) and whose
family income is significantly reduced because of a
deployment (as defined in section 991(b) of title 10,
United States Code, or pursuant to paragraph (4) of such
section), a call or order to active duty pursuant to a
provision of law referred to in section 101(a)(13)(B) of
title 10, United States Code, a permanent change of
station, or the service-connected (as defined in section
101(16) of title 38, United States Code) death or
disability of the member; and
(B) is unemployed or underemployed and is
experiencing difficulty in obtaining or upgrading
employment.
[[Page 128 STAT. 1433]]
(17) Economic development agency.--The term ``economic
development agency'' includes a local planning or zoning
commission or board, a community development agency, or another
local agency or institution responsible for regulating,
promoting, or assisting in local economic development.
(18) Eligible youth.--Except as provided in subtitles C and
D of title I, the term ``eligible youth'' means an in-school
youth or out-of-school youth.
(19) Employment and training activity.--The term
``employment and training activity'' means an activity described
in section 134 that is carried out for an adult or dislocated
worker.
(20) English language acquisition program.--The term
``English language acquisition program'' has the meaning given
the term in section 203.
(21) English language learner.--The term ``English language
learner'' has the meaning given the term in section 203.
(22) Governor.--The term ``Governor'' means the chief
executive of a State or an outlying area.
(23) In-demand industry sector or occupation.--
(A) In general.--The term ``in-demand industry
sector or occupation'' means--
(i) an industry sector that has a substantial
current or potential impact (including through
jobs that lead to economic self-sufficiency and
opportunities for advancement) on the State,
regional, or local economy, as appropriate, and
that contributes to the growth or stability of
other supporting businesses, or the growth of
other industry sectors; or
(ii) an occupation that currently has or is
projected to have a number of positions (including
positions that lead to economic self-sufficiency
and opportunities for advancement) in an industry
sector so as to have a significant impact on the
State, regional, or local economy, as appropriate.
(B) Determination.--The determination of whether an
industry sector or occupation is in-demand under this
paragraph shall be made by the State board or local
board, as appropriate, using State and regional business
and labor market projections, including the use of labor
market information.
(24) Individual with a barrier to employment.--The term
``individual with a barrier to employment'' means a member of 1
or more of the following populations:
(A) Displaced homemakers.
(B) Low-income individuals.
(C) Indians, Alaska Natives, and Native Hawaiians,
as such terms are defined in section 166.
(D) Individuals with disabilities, including youth
who are individuals with disabilities.
(E) Older individuals.
(F) Ex-offenders.
(G) Homeless individuals (as defined in section
41403(6) of the Violence Against Women Act of 1994 (42
U.S.C. 14043e-2(6))), or homeless children and youths
(as
[[Page 128 STAT. 1434]]
defined in section 725(2) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a(2))).
(H) Youth who are in or have aged out of the foster
care system.
(I) Individuals who are English language learners,
individuals who have low levels of literacy, and
individuals facing substantial cultural barriers.
(J) Eligible migrant and seasonal farmworkers, as
defined in section 167(i).
(K) Individuals within 2 years of exhausting
lifetime eligibility under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.).
(L) Single parents (including single pregnant
women).
(M) Long-term unemployed individuals.
(N) Such other groups as the Governor involved
determines to have barriers to employment.
(25) Individual with a disability.--
(A) In general.--The term ``individual with a
disability'' means an individual with a disability as
defined in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102).
(B) Individuals with disabilities.--The term
``individuals with disabilities'' means more than 1
individual with a disability.
(26) Industry or sector partnership.--The term ``industry or
sector partnership'' means a workforce collaborative, convened
by or acting in partnership with a State board or local board,
that--
(A) organizes key stakeholders in an industry
cluster into a working group that focuses on the shared
goals and human resources needs of the industry cluster
and that includes, at the appropriate stage of
development of the partnership--
(i) representatives of multiple businesses or
other employers in the industry cluster, including
small and medium-sized employers when practicable;
(ii) 1 or more representatives of a recognized
State labor organization or central labor council,
or another labor representative, as appropriate;
and
(iii) 1 or more representatives of an
institution of higher education with, or another
provider of, education or training programs that
support the industry cluster; and
(B) may include representatives of--
(i) State or local government;
(ii) State or local economic development
agencies;
(iii) State boards or local boards, as
appropriate;
(iv) a State workforce agency or other entity
providing employment services;
(v) other State or local agencies;
(vi) business or trade associations;
(vii) economic development organizations;
(viii) nonprofit organizations, community-
based organizations, or intermediaries;
(ix) philanthropic organizations;
(x) industry associations; and
[[Page 128 STAT. 1435]]
(xi) other organizations, as determined to be
necessary by the members comprising the industry
or sector partnership.
(27) In-school youth.--The term ``in-school youth'' means a
youth described in section 129(a)(1)(C).
(28) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101, and subparagraphs (A) and (B) of section
102(a)(1), of the Higher Education Act of 1965 (20 U.S.C. 1001,
1002(a)(1)).
(29) Integrated education and training.--The term
``integrated education and training'' has the meaning given the
term in section 203.
(30) Labor market area.--The term ``labor market area''
means an economically integrated geographic area within which
individuals can reside and find employment within a reasonable
distance or can readily change employment without changing their
place of residence. Such an area shall be identified in
accordance with criteria used by the Bureau of Labor Statistics
of the Department of Labor in defining such areas or similar
criteria established by a Governor.
(31) Literacy.--The term ``literacy'' has the meaning given
the term in section 203.
(32) Local area.--The term ``local area'' means a local
workforce investment area designated under section 106, subject
to sections 106(c)(3)(A), 107(c)(4)(B)(i), and 189(i).
(33) Local board.--The term ``local board'' means a local
workforce development board established under section 107,
subject to section 107(c)(4)(B)(i).
(34) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(35) Local plan.--The term ``local plan'' means a plan
submitted under section 108, subject to section 106(c)(3)(B).
(36) Low-income individual.--
(A) In general.--The term ``low-income individual''
means an individual who--
(i) receives, or in the past 6 months has
received, or is a member of a family that is
receiving or in the past 6 months has received,
assistance through the supplemental nutrition
assistance program established under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), the
program of block grants to States for temporary
assistance for needy families program under part A
of title IV of the Social Security Act (42 U.S.C.
601 et seq.), or the supplemental security income
program established under title XVI of the Social
Security Act (42 U.S.C. 1381 et seq.), or State or
local income-based public assistance;
(ii) is in a family with total family income
that does not exceed the higher of--
(I) the poverty line; or
(II) 70 percent of the lower living
standard income level;
(iii) is a homeless individual (as defined in
section 41403(6) of the Violence Against Women Act
of 1994
[[Page 128 STAT. 1436]]
(42 U.S.C. 14043e-2(6))), or a homeless child or
youth (as defined under section 725(2) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C.
11434a(2)));
(iv) receives or is eligible to receive a free
or reduced price lunch under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751
et seq.);
(v) is a foster child on behalf of whom State
or local government payments are made; or
(vi) is an individual with a disability whose
own income meets the income requirement of clause
(ii), but who is a member of a family whose income
does not meet this requirement.
(B) Lower living standard income level.--The term
``lower living standard income level'' means that income
level (adjusted for regional, metropolitan, urban, and
rural differences and family size) determined annually
by the Secretary of Labor based on the most recent lower
living family budget issued by the Secretary.
(37) Nontraditional employment.--The term ``nontraditional
employment'' refers to occupations or fields of work, for which
individuals from the gender involved comprise less than 25
percent of the individuals employed in each such occupation or
field of work.
(38) Offender.--The term ``offender'' means an adult or
juvenile--
(A) who is or has been subject to any stage of the
criminal justice process, and for whom services under
this Act may be beneficial; or
(B) who requires assistance in overcoming artificial
barriers to employment resulting from a record of arrest
or conviction.
(39) Older individual.--The term ``older individual'' means
an individual age 55 or older.
(40) One-stop center.--The term ``one-stop center'' means a
site described in section 121(e)(2).
(41) One-stop operator.--The term ``one-stop operator''
means 1 or more entities designated or certified under section
121(d).
(42) One-stop partner.--The term ``one-stop partner''
means--
(A) an entity described in section 121(b)(1); and
(B) an entity described in section 121(b)(2) that is
participating, with the approval of the local board and
chief elected official, in the operation of a one-stop
delivery system.
(43) One-stop partner program.--The term ``one-stop partner
program'' means a program or activities described in section
121(b) of a one-stop partner.
(44) On-the-job training.--The term ``on-the-job training''
means training by an employer that is provided to a paid
participant while engaged in productive work in a job that--
(A) provides knowledge or skills essential to the
full and adequate performance of the job;
(B) is made available through a program that
provides reimbursement to the employer of up to 50
percent of the wage rate of the participant, except as
provided in section 134(c)(3)(H), for the extraordinary
costs of providing
[[Page 128 STAT. 1437]]
the training and additional supervision related to the
training; and
(C) is limited in duration as appropriate to the
occupation for which the participant is being trained,
taking into account the content of the training, the
prior work experience of the participant, and the
service strategy of the participant, as appropriate.
(45) Outlying area.--The term ``outlying area'' means--
(A) American Samoa, Guam, the Commonwealth of the
Northern Mariana Islands, and the United States Virgin
Islands; and
(B) the Republic of Palau, except during any period
for which the Secretary of Labor and the Secretary of
Education determine that a Compact of Free Association
is in effect and contains provisions for training and
education assistance prohibiting the assistance provided
under this Act.
(46) Out-of-school youth.--The term ``out-of-school youth''
means a youth described in section 129(a)(1)(B).
(47) Pay-for-performance contract strategy.--The term ``pay-
for-performance contract strategy'' means a procurement strategy
that uses pay-for-performance contracts in the provision of
training services described in section 134(c)(3) or activities
described in section 129(c)(2), and includes--
(A) contracts, each of which shall specify a fixed
amount that will be paid to an eligible service provider
(which may include a local or national community-based
organization or intermediary, community college, or
other training provider, that is eligible under section
122 or 123, as appropriate) based on the achievement of
specified levels of performance on the primary
indicators of performance described in section
116(b)(2)(A) for target populations as identified by the
local board (including individuals with barriers to
employment), within a defined timetable, and which may
provide for bonus payments to such service provider to
expand capacity to provide effective training;
(B) a strategy for independently validating the
achievement of the performance described in subparagraph
(A); and
(C) a description of how the State or local area
will reallocate funds not paid to a provider because the
achievement of the performance described in subparagraph
(A) did not occur, for further activities related to
such a procurement strategy, subject to section
189(g)(4).
(48) Planning region.--The term ``planning region'' means a
region described in subparagraph (B) or (C) of section
106(a)(2), subject to section 107(c)(4)(B)(i).
(49) Poverty line.--The term ``poverty line'' means the
poverty line (as defined by the Office of Management and Budget,
and revised annually in accordance with section 673(2) of the
Community Services Block Grant Act (42 U.S.C. 9902(2)))
applicable to a family of the size involved.
(50) Public assistance.--The term ``public assistance''
means Federal, State, or local government cash payments for
which eligibility is determined by a needs or income test.
(51) Rapid response activity.--The term ``rapid response
activity'' means an activity provided by a State, or by an
entity
[[Page 128 STAT. 1438]]
designated by a State, with funds provided by the State under
section 134(a)(1)(A), in the case of a permanent closure or mass
layoff at a plant, facility, or enterprise, or a natural or
other disaster, that results in mass job dislocation, in order
to assist dislocated workers in obtaining reemployment as soon
as possible, with services including--
(A) the establishment of onsite contact with
employers and employee representatives--
(i) immediately after the State is notified of
a current or projected permanent closure or mass
layoff; or
(ii) in the case of a disaster, immediately
after the State is made aware of mass job
dislocation as a result of such disaster;
(B) the provision of information on and access to
available employment and training activities;
(C) assistance in establishing a labor-management
committee, voluntarily agreed to by labor and
management, with the ability to devise and implement a
strategy for assessing the employment and training needs
of dislocated workers and obtaining services to meet
such needs;
(D) the provision of emergency assistance adapted to
the particular closure, layoff, or disaster; and
(E) the provision of assistance to the local
community in developing a coordinated response and in
obtaining access to State economic development
assistance.
(52) Recognized postsecondary credential.--The term
``recognized postsecondary credential'' means a credential
consisting of an industry-recognized certificate or
certification, a certificate of completion of an apprenticeship,
a license recognized by the State involved or Federal
Government, or an associate or baccalaureate degree.
(53) Region.--The term ``region'', used without further
description, means a region identified under section 106(a),
subject to section 107(c)(4)(B)(i) and except as provided in
section 106(b)(1)(B)(ii).
(54) School dropout.--The term ``school dropout'' means an
individual who is no longer attending any school and who has not
received a secondary school diploma or its recognized
equivalent.
(55) Secondary school.--The term ``secondary school'' has
the meaning given the term in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(56) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, and the
Commonwealth of Puerto Rico.
(57) State board.--The term ``State board'' means a State
workforce development board established under section 101.
(58) State plan.--The term ``State plan'', used without
further description, means a unified State plan under section
102 or a combined State plan under section 103.
(59) Supportive services.--The term ``supportive services''
means services such as transportation, child care, dependent
care, housing, and needs-related payments, that are necessary to
enable an individual to participate in activities authorized
under this Act.
[[Page 128 STAT. 1439]]
(60) Training services.--The term ``training services''
means services described in section 134(c)(3).
(61) Unemployed individual.--The term ``unemployed
individual'' means an individual who is without a job and who
wants and is available for work. The determination of whether an
individual is without a job, for purposes of this paragraph,
shall be made in accordance with the criteria used by the Bureau
of Labor Statistics of the Department of Labor in defining
individuals as unemployed.
(62) Unit of general local government.--The term ``unit of
general local government'' means any general purpose political
subdivision of a State that has the power to levy taxes and
spend funds, as well as general corporate and police powers.
(63) Veteran; related definition.--
(A) Veteran.--The term ``veteran'' has the meaning
given the term in section 101 of title 38, United States
Code.
(B) Recently separated veteran.--The term ``recently
separated veteran'' means any veteran who applies for
participation under this Act within 48 months after the
discharge or release from active military, naval, or air
service.
(64) Vocational rehabilitation program.--The term
``vocational rehabilitation program'' means a program authorized
under a provision covered under paragraph (13)(D).
(65) Workforce development activity.--The term ``workforce
development activity'' means an activity carried out through a
workforce development program.
(66) Workforce development program.--The term ``workforce
development program'' means a program made available through a
workforce development system.
(67) Workforce development system.--The term ``workforce
development system'' means a system that makes available the
core programs, the other one-stop partner programs, and any
other programs providing employment and training services as
identified by a State board or local board.
(68) Workforce investment activity.--The term ``workforce
investment activity'' means an employment and training activity,
and a youth workforce investment activity.
(69) Workforce preparation activities.--The term ``workforce
preparation activities'' has the meaning given the term in
section 203.
(70) Workplace learning advisor.--The term ``workplace
learning advisor'' means an individual employed by an
organization who has the knowledge and skills necessary to
advise other employees of that organization about the education,
skill development, job training, career counseling services, and
credentials, including services provided through the workforce
development system, required to progress toward career goals of
such employees in order to meet employer requirements related to
job openings and career advancements that support economic self-
sufficiency.
(71) Youth workforce investment activity.--The term ``youth
workforce investment activity'' means an activity described in
section 129 that is carried out for eligible youth (or as
described in section 129(a)(3)(A)).
[[Page 128 STAT. 1440]]
TITLE I--WORKFORCE DEVELOPMENT ACTIVITIES
Subtitle A--System Alignment
CHAPTER 1--STATE PROVISIONS
SEC. 101. <<NOTE: 29 USC 3111.>> STATE WORKFORCE DEVELOPMENT
BOARDS.
(a) In General.--The Governor of a State shall establish a State
workforce development board to carry out the functions described in
subsection (d).
(b) Membership.--
(1) In general.--The State board shall include--
(A) the Governor;
(B) a member of each chamber of the State
legislature (to the extent consistent with State law),
appointed by the appropriate presiding officers of such
chamber; and
(C) members appointed by the Governor, of which--
(i) a majority shall be representatives of
businesses in the State, who--
(I) are owners of businesses, chief
executives or operating officers of
businesses, or other business executives
or employers with optimum policymaking
or hiring authority, and who, in
addition, may be members of a local
board described in section
107(b)(2)(A)(i);
(II) represent businesses (including
small businesses), or organizations
representing businesses described in
this subclause, that provide employment
opportunities that, at a minimum,
include high-quality, work-relevant
training and development in in-demand
industry sectors or occupations in the
State; and
(III) are appointed from among
individuals nominated by State business
organizations and business trade
associations;
(ii) not less than 20 percent shall be
representatives of the workforce within the State,
who--
(I) shall include representatives of
labor organizations, who have been
nominated by State labor federations;
(II) shall include a representative,
who shall be a member of a labor
organization or a training director,
from a joint labor-management
apprenticeship program, or if no such
joint program exists in the State, such
a representative of an apprenticeship
program in the State;
(III) may include representatives of
community-based organizations that have
demonstrated experience and expertise in
addressing the employment, training, or
education needs of individuals with
barriers to employment, including
organizations that serve veterans or
that provide or support competitive,
integrated employment for individuals
with disabilities; and
[[Page 128 STAT. 1441]]
(IV) may include representatives of
organizations that have demonstrated
experience and expertise in addressing
the employment, training, or education
needs of eligible youth, including
representatives of organizations that
serve out-of-school youth; and
(iii) the balance--
(I) shall include representatives of
government, who--
(aa) shall include the lead
State officials with primary
responsibility for the core
programs; and
(bb) shall include chief
elected officials (collectively
representing both cities and
counties, where appropriate);
and
(II) may include such other
representatives and officials as the
Governor may designate, such as--
(aa) the State agency
officials from agencies that are
one-stop partners not specified
in subclause (I) (including
additional one-stop partners
whose programs are covered by
the State plan, if any);
(bb) State agency officials
responsible for economic
development or juvenile justice
programs in the State;
(cc) individuals who
represent an Indian tribe or
tribal organization, as such
terms are defined in section
166(b); and
(dd) State agency officials
responsible for education
programs in the State, including
chief executive officers of
community colleges and other
institutions of higher
education.
(2) Diverse and distinct representation.--The members of the
State board shall represent diverse geographic areas of the
State, including urban, rural, and suburban areas.
(3) No representation of multiple categories.--No person
shall serve as a member for more than 1 of--
(A) the category described in paragraph (1)(C)(i);
or
(B) 1 category described in a subclause of clause
(ii) or (iii) of paragraph (1)(C).
(c) Chairperson.--The Governor shall select a chairperson for the
State board from among the representatives described in subsection
(b)(1)(C)(i).
(d) Functions.--The State board shall assist the Governor in--
(1) the development, implementation, and modification of the
State plan;
(2) consistent with paragraph (1), the review of statewide
policies, of statewide programs, and of recommendations on
actions that should be taken by the State to align workforce
development programs in the State in a manner that supports a
comprehensive and streamlined workforce development system in
the State, including the review and provision of comments on the
State plans, if any, for programs and activities of one-stop
partners that are not core programs;
[[Page 128 STAT. 1442]]
(3) the development and continuous improvement of the
workforce development system in the State, including--
(A) the identification of barriers and means for
removing barriers to better coordinate, align, and avoid
duplication among the programs and activities carried
out through the system;
(B) the development of strategies to support the use
of career pathways for the purpose of providing
individuals, including low-skilled adults, youth, and
individuals with barriers to employment (including
individuals with disabilities), with workforce
investment activities, education, and supportive
services to enter or retain employment;
(C) the development of strategies for providing
effective outreach to and improved access for
individuals and employers who could benefit from
services provided through the workforce development
system;
(D) the development and expansion of strategies for
meeting the needs of employers, workers, and jobseekers,
particularly through industry or sector partnerships
related to in-demand industry sectors and occupations;
(E) the identification of regions, including
planning regions, for the purposes of section 106(a),
and the designation of local areas under section 106,
after consultation with local boards and chief elected
officials;
(F) the development and continuous improvement of
the one-stop delivery system in local areas, including
providing assistance to local boards, one-stop
operators, one-stop partners, and providers with
planning and delivering services, including training
services and supportive services, to support effective
delivery of services to workers, jobseekers, and
employers; and
(G) the development of strategies to support staff
training and awareness across programs supported under
the workforce development system;
(4) the development and updating of comprehensive State
performance accountability measures, including State adjusted
levels of performance, to assess the effectiveness of the core
programs in the State as required under section 116(b);
(5) the identification and dissemination of information on
best practices, including best practices for--
(A) the effective operation of one-stop centers,
relating to the use of business outreach, partnerships,
and service delivery strategies, including strategies
for serving individuals with barriers to employment;
(B) the development of effective local boards, which
may include information on factors that contribute to
enabling local boards to exceed negotiated local levels
of performance, sustain fiscal in
