Sec. 406. Definitions
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Section 101 ( 29 U.S.C. 2801 ) is amended— by striking paragraph
(2)and inserting the following: The term adult education and family literacy education activities has the meaning given the term in section 203. ; by striking paragraphs
(13)and (24); by redesignating paragraphs
(1)through
(12)as paragraphs
(3)through (14), and paragraphs
(14)through
(23)as paragraphs
(15)through (24), respectively; by striking paragraphs
(52)and (53); by inserting after In this title: the following new paragraphs: The term accrued expenditures means— charges incurred by recipients of funds under this title for a given period requiring the provision of funds for goods or other tangible property received; charges incurred for services performed by employees, contractors, subgrantees, subcontractors, and other payees; and other amounts becoming owed, under programs assisted under this title, for which no current services or performance is required, such as amounts for annuities, insurance claims, and other benefit payments. The term administrative costs means expenditures incurred by State boards and local boards, direct recipients (including State grant recipients under subtitle B and recipients of awards under subtitles C and D), local grant recipients, local fiscal agents or local grant subrecipients, and one-stop operators in the performance of administrative functions and in carrying out activities under this title that are not related to the direct provision of workforce investment activities (including services to participants and employers). Such costs include both personnel and non-personnel expenditures and both direct and indirect expenditures. ; in paragraph
(3)(as so redesignated), by striking Except in sections 127 and 132, the and inserting The ; by amending paragraph
(5)(as so redesignated) to read as follows: The term area career and technical education school has the meaning given the term in section 3(3) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(3)). ; in paragraph
(6)(as so redesignated), by inserting (or such other level as the Governor may establish) after 8th grade level ; in paragraph (10)(C) (as so redesignated), by striking not less than 50 percent of the cost of the training and inserting a significant portion of the cost of training, as determined by the local board involved (or, in the case of an employer in multiple local areas in the State, as determined by the Governor), taking into account the size of the employer and such other factors as the local board or Governor, respectively, determines to be appropriate ; in paragraph
(11)(as so redesignated)— in subparagraph (A)(ii)(II), by striking section 134(c) and inserting section 121(e) ; in subparagraph (B)(iii)— by striking 134(d)(4) and inserting 134(c)(4) ; and by striking intensive services described in section 134(d)(3) and inserting work ready services described in section 134(c)(2) ; in subparagraph (C), by striking or after the semicolon; in subparagraph (D), by striking the period and inserting ; or ; and by adding at the end the following: is the spouse of a member of the Armed Forces on active duty for a period of more than 30 days (as defined in section 101(d)(2) of title 10, United States Code) who has experienced a loss of employment as a direct result of relocation to accommodate a permanent change in duty station of such member; or 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) who meets the criteria described in paragraph (12)(B). ; in paragraph (12)(A) (as redesignated)— by striking and after the semicolon and inserting or ; by striking
(A)and inserting (A)(i) ; and by adding at the end the following: is the spouse of a member of the Armed Forces on active duty for a period of more than 30 days (as defined in section 101(d)(2) of title 10, United States Code) whose family income is significantly reduced because of a deployment (as defined in section 991(b) of title 10, United States Code, or pursuant to paragraph
(4)of such section), a call or order to active duty pursuant to a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code, a permanent change of station, or the service-connected (as defined in section 101(16) of title 38, United States Code) death or disability of the member; and ; in paragraph
(13)(as so redesignated), by inserting or regional after local each place it appears; in paragraph
(14)(as so redesignated)— in subparagraph (A), by striking section 122(e)(3) and inserting section 122 ; by striking subparagraph (B), and inserting the following: work ready services, means a provider who is identified or awarded a contract as described in section 117(d)(5)(C); or ; by striking subparagraph (C); and by redesignating subparagraph
(D)as subparagraph (C); in paragraph
(15)(as so redesignated), by striking adult or dislocated worker and inserting individual ; in paragraph (20), by striking The and inserting Subject to section 116(a)(1)(E), the ; in paragraph (25)— in subparagraph (B), by striking higher of— and all that follows through clause
(ii)and inserting poverty line for an equivalent period; ; by redesignating subparagraphs
(D)through
(F)as subparagraphs
(E)through (G), respectively; and by inserting after subparagraph
(C)the following: 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.); ; in paragraph (32), by striking the Republic of the Marshall Islands, the Federated States of Micronesia, ; by amending paragraph
(33)to read as follows: The term out-of-school youth means— an at-risk youth who is a school dropout; or an at-risk youth who has received a secondary school diploma or its recognized equivalent but is basic skills deficient, unemployed, or underemployed. ; in paragraph (38), by striking 134(a)(1)(A) and inserting 134(a)(1)(B) ; in paragraph (41), by striking , and the term means such Secretary for purposes of section 503 ; in paragraph (43), by striking clause
(iii)or
(v)of section 136(b)(3)(A) and inserting section 136(b)(3)(A)(iii) ; by amending paragraph
(49)to read as follows: The term veteran has the same meaning given the term in section 2108(1) of title 5, United States Code. ; by amending paragraph
(50)to read as follows: 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). ; in paragraph (51), by striking , and a youth activity ; and by adding at the end the following: Except as provided in subtitle C, the term at-risk youth means an individual who— is not less than age 16 and not more than age 24; is a low-income individual; and is an individual who is one or more of the following: A secondary school dropout. A youth in foster care (including youth aging out of foster care). A youth offender. A youth who is an individual with a disability. A migrant youth. The term industry or sector partnership means a partnership of— a State board or local board; and one or more industry or sector organizations, and other entities, that have the capability to help the State board or local board determine the immediate and long-term skilled workforce needs of in-demand industries or sectors and other occupations important to the State or local economy, respectively. The term industry-recognized credential means a credential that is sought or accepted by companies within the industry sector involved, across multiple States, as recognized, preferred, or required for recruitment, screening, or hiring and is awarded for completion of a program listed or identified under subsection
(d)or
(i)of section 122, for the local area involved. The term pay-for-performance contract strategy means a strategy in which a pay-for-performance contract to provide a program of employment and training activities incorporates provisions regarding— the core indicators of performance described in subclauses
(I)through
(IV)and
(VI)of section 136(b)(2)(A)(i); a fixed amount that will be paid to an eligible provider of such employment and training activities for each program participant who, within a defined timetable, achieves the agreed-to levels of performance based upon the core indicators of performance described in subparagraph (A), and may include a bonus payment to such provider, which may be used to expand the capacity of such provider; the ability for an eligible provider to recoup the costs of providing the activities for a program participant who has not achieved those levels, but for whom the provider is able to demonstrate that such participant gained specific competencies required for education and career advancement that are, where feasible, tied to industry-recognized credentials and related standards, or State licensing requirements; and the ability for an eligible provider that does not meet the requirements under section 122(a)(2) to participate in such pay-for-performance contract and to not be required to report on the performance and cost information required under section 122(d). The term recognized postsecondary credential means a credential awarded by a provider of training services or postsecondary educational institution based on completion of all requirements for a program of study, including coursework or tests or other performance evaluations. The term means an industry-recognized credential, a certificate of completion of a registered apprenticeship program, or an associate or baccalaureate degree from an institution described in section 122(a)(2)(A)(i). The term registered apprenticeship program means a program described in section 122(a)(2)(B). .
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