II 

109TH CONGRESS 

1ST SESSION S. 1021 

To reauthorize the Workforce Investment Act of 1998, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 12, 2005 

Mr. ENZI (for himself and Mr. KENNEDY) introduced the following bill; which 

was read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

A BILL 

To reauthorize the Workforce Investment Act of 1998, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Workforce Investment 

5 Act Amendments of 2005’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

TITLE I—AMENDMENTS TO TITLE I OF THE WORKFORCE 

INVESTMENT ACT OF 1998 
2 

•S 1021 IS 

Subtitle A—Definitions 

Sec. 101. Definitions. 

Subtitle B—Statewide and Local Workforce Investment Systems 

Sec. 111. Purpose. 

Sec. 112. State workforce investment boards. 

Sec. 113. State plan. 

Sec. 114. Local workforce investment areas. 

Sec. 115. Local workforce investment boards. 

Sec. 116. Local plan. 

Sec. 117. Establishment of one-stop delivery systems. 

Sec. 118. Eligible providers of training services. 

Sec. 119. Eligible providers of youth activities. 

Sec. 120. Youth activities. 

Sec. 121. Adult and dislocated worker employment and training activities. 

Sec. 122. Performance accountability system. 

Sec. 123. Authorization of appropriations. 

Subtitle C—Job Corps 

Sec. 131. Job Corps. 

Subtitle D—National Programs 

Sec. 141. Native American programs. 

Sec. 142. Migrant and seasonal farmworker programs. 

Sec. 143. Veterans’ workforce investment programs. 

Sec. 144. Youth challenge grants. 

Sec. 145. Technical assistance. 

Sec. 146. Demonstration, pilot, multiservice, research, and multistate projects. 

Sec. 147. National dislocated worker grants. 

Sec. 148. Authorization of appropriations for national activities. 

Subtitle E—Administration 

Sec. 151. Requirements and restrictions. 

Sec. 152. Reports. 

Sec. 153. Administrative provisions. 

Sec. 154. Use of certain real property. 

Sec. 155. General program requirements. 

Sec. 156. Table of contents. 

Subtitle F—Incentive Grants 

Sec. 161. Incentive grants. 

Subtitle G—Conforming Amendments 

Sec. 171. Conforming amendments. 

TITLE II—AMENDMENTS TO THE ADULT EDUCATION AND 

FAMILY LITERACY ACT 

Sec. 201. Short title; purpose. 

Sec. 202. Definitions. 

Sec. 203. Authorization of appropriations. 

Sec. 204. Home schools. 
3 

•S 1021 IS 

Sec. 205. Reservation of funds; grants to eligible agencies; allotments. 

Sec. 206. Performance accountability system. 

Sec. 207. State administration. 

Sec. 208. State distribution of funds; matching requirement. 

Sec. 209. State leadership activities. 

Sec. 210. State plan. 

Sec. 211. Programs for corrections education and other institutionalized individuals. 

Sec. 212. Grants and contracts for eligible providers. 

Sec. 213. Local application. 

Sec. 214. Local administrative cost limits. 

Sec. 215. Administrative provisions. 

Sec. 216. National Institute for Literacy. 

Sec. 217. National leadership activities. 

Sec. 218. Integrated English literacy and civics education. 

Sec. 219. Transition. 

TITLE III—AMENDMENTS TO OTHER PROVISIONS OF LAW 

Sec. 301. Wagner-Peyser Act. 

TITLE IV—REHABILITATION ACT AMENDMENTS 

Sec. 401. Short title. 

Sec. 402. Technical amendments to table of contents. 

Sec. 403. Purpose. 

Sec. 404. Definitions. 

Sec. 405. Administration of the Act. 

Sec. 406. Reports. 

Sec. 407. Carryover. 

Subtitle A—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. State allotments. 

Sec. 419. Reservation for expanded transition services. 

Sec. 420. Client assistance program. 

Sec. 421. Incentive grants. 

Sec. 422. Vocational rehabilitation services grants. 

Sec. 423. GAO studies. 

Subtitle B—Research and Training 

Sec. 431. Declaration of purpose. 

Sec. 432. Authorization of appropriations. 

Sec. 433. National Institute on Disability and Rehabilitation Research. 

Sec. 434. Interagency committee. 

Sec. 435. Research and other covered activities. 

Sec. 436. Rehabilitation Research Advisory Council. 

Sec. 437. Definition. 
4 

•S 1021 IS 

Subtitle C—Professional Development and Special Projects and 

Demonstrations 

Sec. 441. Training. 

Sec. 442. Demonstration and training programs. 

Sec. 443. Migrant and seasonal farmworkers. 

Sec. 444. Recreational programs. 

Subtitle D—National Council on Disability 

Sec. 451. Authorization of appropriations. 

Subtitle E—Rights and Advocacy 

Sec. 461. Architectural and Transportation Barriers Compliance Board. 

Sec. 462. Protection and advocacy of individual rights. 

Subtitle F—Employment Opportunities for Individuals With Disabilities 

Sec. 471. Projects with industry. 

Sec. 472. Projects with industry authorization of appropriations. 

Sec. 473. Services for individuals with significant disabilities authorization of 

appropriations. 

Subtitle G—Independent Living Services and Centers for Independent Living 

Sec. 481. State plan. 

Sec. 482. Statewide Independent Living Council. 

Sec. 483. Independent living services authorization of appropriations. 

Sec. 484. Program authorization. 

Sec. 485. Grants to centers for independent living in States in which Federal 

funding exceeds State funding. 

Sec. 486. Grants to centers for independent living in States in which State 

funding equals or exceeds Federal funding. 

Sec. 487. Standards and assurances for centers for independent living. 

Sec. 488. Centers for independent living authorization of appropriations. 

Sec. 489. Independent living services for older individuals who are blind. 

Sec. 490. Program of grants. 

Sec. 491. Independent living services for older individuals who are blind authorization of appropriations. 

Subtitle H—Miscellaneous 

Sec. 495. Helen Keller National Center Act. 

TITLE V—TRANSITION AND EFFECTIVE DATE 

Sec. 501. Transition provisions. 

Sec. 502. Effective date. 

1 SEC. 3. REFERENCES. 

2 Except as otherwise expressly provided, wherever in 

3 this Act an amendment or repeal is expressed in terms 

4 of an amendment to, or repeal of, a section or other provi-
5 

•S 1021 IS 

1 sion, the reference shall be considered to be made to a 

2 section or other provision of the Workforce Investment Act 

3 of 1998 (29 U.S.C. 2801 et seq.). 

4 TITLE I—AMENDMENTS TO 

5 TITLE I OF THE WORKFORCE 

6 INVESTMENT ACT OF 1998 

7 Subtitle A—Definitions 

8 SEC. 101. DEFINITIONS. 

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

10 (1) by redesignating paragraphs (1) through 

11 (4), (5) through (16), (17), (18) through (41), and 

12 (42) through (53) as paragraphs (2) through (5), 

13 (7) through (18), (20), (23) through (46), and (48) 

14 through (59), respectively; 

15 (2) by inserting before paragraph (2) (as redes16 ignated by paragraph (1)) the following: 

17 ‘‘(1) ACCRUED EXPENDITURES.—The term ‘ac18 crued expenditures’ means charges incurred by re19 cipients of funds under this title for a given period 

20 requiring the provision of funds for— 

21 ‘‘(A) goods or other tangible property re22 ceived; 

23 ‘‘(B) services performed by employees, con24 tractors, subgrantees, subcontractors, and other 

25 payees; and 
6 

•S 1021 IS 

1 ‘‘(C) other amounts becoming owed under 

2 programs assisted under this title for which no 

3 current services or performance is required, 

4 such as annuities, insurance claims, and other 

5 benefit payments.’’; 

6 (3) in paragraph (2) (as redesignated by para7 graph (1)), by striking ‘‘Except in sections 127 and 

8 132,’’ and inserting ‘‘Except in section 132,’’; 

9 (4) by striking paragraph (5) (as redesignated 

10 by paragraph (1)) and inserting the following: 

11 ‘‘(5) BASIC SKILLS DEFICIENT.—The term 

12 ‘basic skills deficient’ means, with respect to an indi13 vidual, that the individual— 

14 ‘‘(A) has English reading, writing, or com15 puting skills at or below the 8th grade level on 

16 a generally accepted standardized test or a com17 parable score on a criterion-referenced test; or 

18 ‘‘(B) is unable to compute or solve prob19 lems, read, write, or speak English at a level 

20 necessary to function on the job, in the individ21 ual’s family, or in society.’’; 

22 (5) by inserting after paragraph (5) (as redesig23 nated by paragraph (1)) the following: 

24 ‘‘(6) BUSINESS INTERMEDIARY.—The term 

25 ‘business intermediary’ means an entity that brings 
7 

•S 1021 IS 

1 together various stakeholders with an expertise in an 

2 industry or business sector.’’; 

3 (6) in paragraph (9) (as redesignated by para4 graph (1)), by inserting ‘‘, including a faith-based 

5 organization,’’ after ‘‘nonprofit organization’’; 

6 (7) in paragraph (10) (as redesignated by para7 graph (1))— 

8 (A) in subparagraph (B), by striking 

9 ‘‘and’’ after the semicolon; 

10 (B) in subparagraph (C)— 

11 (i) by striking ‘‘for not less than 50 

12 percent of the cost of the training.’’ and 

13 inserting ‘‘for— 

14 ‘‘(i) a significant portion of the cost of 

15 training as determined by the local board, 

16 taking into account the size of the em17 ployer and such other factors as the local 

18 board determines to be appropriate; and 

19 ‘‘(ii) in the case of customized train20 ing (as defined in subparagraphs (A) and 

21 (B)) with an employer in multiple local 

22 areas in the State, a significant portion of 

23 the cost of the training, as determined by 

24 the Governor, taking into account the size 

25 of the employer and such other factors as 
8 

•S 1021 IS 

1 the Governor determines to be appro2 priate.’’; 

3 (8) in paragraph (11) (as redesignated by para4 graph (1))— 

5 (A) in subparagraph (A)(ii)(II), by striking 

6 ‘‘section 134(c)’’ and inserting ‘‘section 

7 121(e)’’; 

8 (B) in subparagraph (C), by striking ‘‘or’’ 

9 after the semicolon; 

10 (C) in subparagraph (D), by striking the 

11 period and inserting ‘‘; or’’; and 

12 (D) by adding at the end the following: 

13 ‘‘(E)(i) is the spouse of a member of the 

14 Armed Forces on active duty for a period of 

15 more than 30 days (as defined in section 

16 101(d)(2) of title 10, United States Code) who 

17 has experienced a loss of employment as a di18 rect result of relocation to accommodate a per19 manent change in duty station of such member; 

20 or 

21 ‘‘(ii) is the spouse of a member of the 

22 Armed Forces on active duty who meets the cri23 teria described in paragraph (12)(B).’’; 

24 (9) in paragraph (12)(A) (as redesignated by 

25 paragraph (1))— 
9 

•S 1021 IS 

1 (A) by striking ‘‘and’’ after the semicolon 

2 and inserting ‘‘or’’; 

3 (B) by striking ‘‘(A)’’ and inserting 

4 ‘‘(A)(i)’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(ii) is the dependent spouse of a member 

7 of the Armed Forces on active duty for a period 

8 of more than 30 days (as defined in section 

9 101(d)(2) of title 10, United States Code) 

10 whose family income is significantly reduced be11 cause of a deployment (as defined in section 

12 991(b) of title 10, United States Code, or pur13 suant to paragraph (4) of such section), a call 

14 or order to active duty pursuant to a provision 

15 of law referred to in section 101(a)(13)(B) of 

16 title 10, United States Code, a permanent 

17 change of station, or the service-connected (as 

18 defined in section 101(16) of title 38, United 

19 States Code) death or disability of the member; 

20 and’’; 

21 (10) in paragraph (14)(A) (as redesignated by 

22 paragraph (1)), by striking ‘‘section 122(e)(3)’’ and 

23 inserting ‘‘section 122’’; 

24 (11) by inserting after paragraph (18) (as re25 designated by paragraph (1)) the following: 
10 

•S 1021 IS 

1 ‘‘(19) HARD-TO-SERVE POPULATIONS.—The 

2 term ‘hard-to-serve populations’ means populations 

3 of individuals who are hard to serve, including dis4 placed homemakers, low-income individuals, Native 

5 Americans, individuals with disabilities, older indi6 viduals, ex-offenders, homeless individuals, individ7 uals with limited English proficiency, individuals 

8 who do not meet the definition of literacy in section 

9 203, individuals facing substantial cultural barriers, 

10 migrant and seasonal farmworkers, individuals with11 in 2 years of exhausting lifetime eligibility under 

12 part A of title IV of the Social Security Act (42 

13 U.S.C. 601 et seq.), single parents (including single 

14 pregnant women), and such other groups as the 

15 Governor determines to be hard to serve.’’; 

16 (12) by inserting after paragraph (20) (as re17 designated by paragraph (1)) the following: 

18 ‘‘(21) INTEGRATED TRAINING PROGRAM.—The 

19 term ‘integrated training program’ means a program 

20 that combines occupational skills training with 

21 English language acquisition. 

22 ‘‘(22) INSTITUTION OF HIGHER EDUCATION.— 

23 The term ‘institution of higher education’ has the 

24 meaning given the term in section 101(a), and sub25 paragraphs (A) and (B) of section 102(a)(1), of the 
11 

•S 1021 IS 

1 Higher Education Act of 1965 (20 U.S.C. 1001(a), 

2 1002(a)(1)).’’; 

3 (13) in paragraph (30) (as redesignated by 

4 paragraph (1))— 

5 (A) by redesignating subparagraphs (D) 

6 through (F) as subparagraphs (E) through (G), 

7 respectively; and 

8 (B) by inserting after subparagraph (C) 

9 the following: 

10 ‘‘(D) receives or is eligible to receive a free 

11 or reduced price lunch under the Richard B. 

12 Russell National School Lunch Act (42 U.S.C. 

13 1751 et seq.);’’; 

14 (14) in paragraph (31) (as redesignated by 

15 paragraph (1)), by inserting after ‘‘fields of work’’ 

16 the following: ‘‘, including occupations in computer 

17 science and technology and other emerging high-skill 

18 occupations,’’; 

19 (15) in paragraph (35) (as redesignated by 

20 paragraph (1)), by inserting ‘‘, subject to section 

21 121(b)(1)(C)’’ after ‘‘121(b)(1)’’; 

22 (16) by striking paragraph (38) (as redesig23 nated by paragraph (1)) and inserting the following: 
12 

•S 1021 IS 

1 ‘‘(38) OUT-OF-SCHOOL YOUTH.—The term ‘out2 of-school youth’ means an out-of-school youth as de3 fined in section 129(a)(1)(B).’’; 

4 (17) by inserting after paragraph (46) (as re5 designated by paragraph (1)) the following: 

6 ‘‘(47) SELF-SUFFICIENCY.—The term ‘self-suf7 ficiency’ means self-sufficiency within the meaning 

8 of subsections (a)(3)(A)(x) and (e)(1)(A)(xii) of sec9 tion 134.’’; 

10 (18) in paragraph (49) (as redesignated by 

11 paragraph (1)), by striking ‘‘clause (iii) or (v) of 

12 section 136(b)(3)(A)’’ and inserting ‘‘section 

13 136(b)(3)(A)(iii)’’; 

14 (19) in paragraph (58) (as redesignated by 

15 paragraph (1)), by striking ‘‘(or as described in sec16 tion 129(c)(5))’’ and inserting ‘‘(or as described in 

17 section 129(a)(2))’’; and 

18 (20) in paragraph (59) (as redesignated by 

19 paragraph (1)), by striking ‘‘established under sec20 tion 117(h)’’ and inserting ‘‘that may be established 

21 under section 117(h)(2)’’. 
13 

•S 1021 IS 

1 Subtitle B—Statewide and Local 

2 Workforce Investment Systems 

3 SEC. 111. PURPOSE. 

4 Section 106 (29 U.S.C. 2811) is amended to read as 

5 follows: 

6 ‘‘SEC. 106. PURPOSES. 

7 ‘‘The purposes of this subtitle are the following: 

8 ‘‘(1)(A) Primarily, to provide workforce invest9 ment activities, through statewide and local work10 force investment systems, that increase the employ11 ment, retention, self-sufficiency, and earnings of 

12 participants, and increase occupational skill attain13 ment by participants. 

14 ‘‘(B) As a result of the provision of the activi15 ties, to improve the quality of the workforce, reduce 

16 welfare dependency, increase self-sufficiency, and en17 hance the productivity and competitiveness of the 

18 Nation. 

19 ‘‘(2) To enhance the workforce investment sys20 tem of the Nation by strengthening one-stop centers, 

21 providing for more effective governance arrange22 ments, promoting access to a more comprehensive 

23 array of employment and training and related serv24 ices, establishing a targeted approach to serving 
14 

•S 1021 IS 

1 youth, improving performance accountability, and 

2 promoting State and local flexibility. 

3 ‘‘(3) To provide workforce investment activities 

4 in a manner that promotes the informed choice of 

5 participants and actively involves participants in de6 cisions affecting their participation in such activities. 

7 ‘‘(4) To provide workforce investment systems 

8 that are demand-driven and responsive to the needs 

9 of all employers, including small employers. 

10 ‘‘(5) To provide workforce investment systems 

11 that work in all areas of the Nation, including urban 

12 and rural areas. 

13 ‘‘(6) To allow flexibility to meet State, local, re14 gional, and individual workforce investment needs. 

15 ‘‘(7) To recognize and reinforce the vital link 

16 between economic development and workforce invest17 ment activities. 

18 ‘‘(8) To provide for accurate data collection, re19 porting, and performance measures that are not un20 duly burdensome. 

21 ‘‘(9) To address the ongoing shortage of essen22 tial skills in the United States workforce related to 

23 both manufacturing and knowledge-based economies 

24 to ensure that the United States remains competi25 tive in the global economy. 
15 

•S 1021 IS 

1 ‘‘(10) To equip workers with higher skills and 

2 contribute to lifelong education. 

3 ‘‘(11) To eliminate training disincentives for 

4 hard-to-serve populations and minority workers, in5 cluding effectively utilizing community programs, 

6 services, and agencies. 

7 ‘‘(12) To educate limited English proficient in8 dividuals about skills and language so the individ9 uals are employable. 

10 ‘‘(13) To increase the employment, retention 

11 and earnings of individuals with disabilities.’’. 

12 SEC. 112. STATE WORKFORCE INVESTMENT BOARDS. 

13 (a) MEMBERSHIP.— 

14 (1) IN GENERAL.—Section 111(b) (29 U.S.C. 

15 2821(b)) is amended— 

16 (A) in paragraph (1), by striking subpara17 graph (C) and inserting the following: 

18 ‘‘(C) representatives appointed by the Gov19 ernor, who— 

20 ‘‘(i) are the lead State agency officials 

21 with responsibility for the programs and 

22 activities that are described in section 

23 121(b) and carried out by one-stop part24 ners, except that— 
16 

•S 1021 IS 

1 ‘‘(I) in any case in which no lead 

2 State agency official has responsibility 

3 for such a program or activity, the 

4 representative shall be a representa5 tive in the State with expertise relat6 ing to such program or activity; and 

7 ‘‘(II) in the case of the programs 

8 authorized under title I of the Reha9 bilitation Act of 1973 (29 U.S.C. 720 

10 et seq.), the representative shall be 

11 the director of the designated State 

12 unit, as defined in section 7 of the Re13 habilitation Act of 1973 (29 U.S.C. 

14 705); 

15 ‘‘(ii) are the State agency officials re16 sponsible for economic development; 

17 ‘‘(iii) are representatives of business 

18 in the State, including small businesses, 

19 who— 

20 ‘‘(I) are owners of businesses, 

21 chief executive or operating officers of 

22 businesses, or other business execu23 tives or employers with optimum pol24 icymaking or hiring authority; 
17 

•S 1021 IS 

1 ‘‘(II) represent businesses with 

2 employment opportunities that reflect 

3 employment opportunities in the 

4 State; and 

5 ‘‘(III) are appointed from among 

6 individuals nominated by State busi7 ness organizations, business trade as8 sociations, and local boards; 

9 ‘‘(iv) are chief elected officials (rep10 resenting cities and counties, where appro11 priate); 

12 ‘‘(v) are representatives of labor orga13 nizations, who have been nominated by 

14 State labor federations; and 

15 ‘‘(vi) are such other State agency offi16 cials and other representatives as the Gov17 ernor may designate.’’; and 

18 (B) in paragraph (3), by striking ‘‘para19 graph (1)(C)(i)’’ and inserting ‘‘paragraph 

20 (1)(C)(iii)’’. 

21 (2) CONFORMING AMENDMENT.—Section 

22 111(c) (29 U.S.C. 2821(c)) is amended by striking 

23 ‘‘subsection (b)(1)(C)(i)’’ and inserting ‘‘subsection 

24 (b)(1)(C)(iii)’’. 
18 

•S 1021 IS 

1 (b) FUNCTIONS.—Section 111(d) (29 U.S.C. 

2 2821(d)) is amended— 

3 (1) in paragraph (1), by striking ‘‘development’’ 

4 and inserting ‘‘development, implementation, and re5 vision’’; 

6 (2) in paragraph (2)— 

7 (A) by striking ‘‘section 134(c)’’ and in8 serting ‘‘section 121(e)’’; and 

9 (B) in subparagraph (A), by inserting after 

10 ‘‘section 121(b)’’ the following: ‘‘, including 

11 granting the authority for the State employ12 ment service under the Wagner-Peyser Act (29 

13 U.S.C. 49 et seq.) to plan and coordinate em14 ployment and training activities with local 

15 boards’’; 

16 (3) by striking paragraph (3) and inserting the 

17 following: 

18 ‘‘(3) reviewing and providing comment on the 

19 State plans of all one-stop partner programs, where 

20 applicable, in order to provide effective strategic 

21 leadership in the development of a high quality, com22 prehensive statewide workforce investment system, 

23 including commenting at least once annually on the 

24 measures taken pursuant to section 113(b)(3) of the 

25 Carl D. Perkins Vocational and Technical Education 
19 

•S 1021 IS 

1 Act of 1998 (20 U.S.C. 2323(b)(3)) and title II of 

2 this Act;’’; 

3 (4) by redesignating paragraphs (4) through 

4 (9) as paragraphs (5) through (10), respectively; 

5 (5) by inserting after paragraph (3) the fol6 lowing: 

7 ‘‘(4) development and review of statewide poli8 cies affecting the coordinated provision of services 

9 through the one-stop delivery system described in 

10 section 121(e) within the State, including— 

11 ‘‘(A) the development of objective criteria 

12 and procedures for use by local boards in as13 sessing the effectiveness and continuous im14 provement of one-stop centers under section 

15 121(g); 

16 ‘‘(B) the development of guidance for the 

17 allocation of one-stop center infrastructure 

18 funds under section 121(h)(1)(B); 

19 ‘‘(C) the development of— 

20 ‘‘(i) statewide policies relating to the 

21 appropriate roles and contributions of one22 stop partner programs within the one-stop 

23 delivery system, including approaches to 

24 facilitating equitable and efficient cost allo25 cation in the one-stop delivery system; 
20 

•S 1021 IS 

1 ‘‘(ii) statewide strategies for providing 

2 effective outreach to individuals, including 

3 hard-to-serve populations, and employers 

4 who could benefit from services provided 

5 through the one-stop delivery system; 

6 ‘‘(iii) strategies for technology im7 provements to facilitate access to services 

8 provided through the one-stop delivery sys9 tem, in remote areas, and for individuals 

10 with disabilities, which may be utilized 

11 throughout the State; and 

12 ‘‘(iv) strategies for the effective co13 ordination of activities between the one14 stop delivery system of the State and the 

15 State employment service under the Wag16 ner-Peyser Act (29 U.S.C. 49 et seq.); 

17 ‘‘(D) identification and dissemination of 

18 information on best practices for effective oper19 ation of one-stop centers, including use of inno20 vative business outreach, partnerships, and 

21 service delivery strategies, including for hard-to22 serve populations; and 

23 ‘‘(E) conduct of such other matters as may 

24 promote statewide objectives for, and enhance 
21 

•S 1021 IS 

1 the performance of, the one-stop delivery sys2 tem;’’; 

3 (6) in paragraph (5) (as redesignated by para4 graph (4)), by inserting ‘‘and the development of 

5 statewide criteria to be used by chief elected officials 

6 for the appointment of local boards consistent with 

7 section 117’’ after ‘‘section 116’’; 

8 (7) in paragraph (6) (as redesignated by para9 graph (4)), by striking ‘‘sections 128(b)(3)(B) and 

10 133(b)(3)(B)’’ and inserting ‘‘sections 128(b)(3) and 

11 133(b)(3)(B)’’; 

12 (8) in paragraph (9) (as redesignated by para13 graph (4))— 

14 (A) by striking ‘‘employment statistics sys15 tem’’ and inserting ‘‘workforce and labor mar16 ket information system’’; and 

17 (B) by striking ‘‘and’’ after the semicolon; 

18 (9) in paragraph (10) (as redesignated by para19 graph (4))— 

20 (A) by inserting ‘‘section 136(i) and’’ be21 fore ‘‘section 503’’; and 

22 (B) by striking the period and inserting ‘‘; 

23 and’’; and 

24 (10) by adding at the end the following: 
22 

•S 1021 IS 

1 ‘‘(11) increasing the availability of skills train2 ing, employment opportunities, and career advance3 ment, for hard-to-serve populations.’’. 

4 (c) ALTERNATIVE ENTITY.—Section 111(e) (29 

5 U.S.C. 2821(e)) is amended— 

6 (1) in paragraph (1), by striking ‘‘For’’ and in7 serting ‘‘Subject to paragraph (3), for’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(3) FAILURE TO MEET PERFORMANCE MEAS10 URES.—If a State fails to have performed success11 fully, as defined in section 116(a)(2), the Secretary 

12 may require the State to establish a State board in 

13 accordance with subsections (a), (b), and (c) in lieu 

14 of the alternative entity established under paragraph 

15 (1).’’. 

16 (d) CONFLICT OF INTEREST.—Section 111(f)(1) (29 

17 U.S.C. 2821(f)(1)) is amended by inserting ‘‘or participate 

18 in action taken on’’ after ‘‘vote’’. 

19 (e) SUNSHINE PROVISION.—Section 111(g) (29 

20 U.S.C. 2821(g)) is amended— 

21 (1) by inserting ‘‘, and modifications to the 

22 State plan,’’ before ‘‘prior’’; and 

23 (2) by inserting ‘‘, and modifications to the 

24 State plan’’ after ‘‘the plan’’. 
23 

•S 1021 IS 

1 (f) AUTHORITY TO HIRE STAFF.—Section 111 (29 

2 U.S.C. 2821) is amended by adding at the end the fol3 lowing: 

4 ‘‘(h) AUTHORITY TO HIRE STAFF.— 

5 ‘‘(1) IN GENERAL.—The State board may hire 

6 staff to assist in carrying out the functions described 

7 in subsection (d) using funds allocated under sec8 tions 127(b)(1)(C) and 132(b). 

9 ‘‘(2) LIMITATION ON RATE.—Funds appro10 priated under this title shall not be used to pay staff 

11 employed by the State board, either as a direct cost 

12 or through any proration as an indirect cost, at a 

13 rate in excess of the maximum rate payable for a po14 sition at GS–15 of the General Schedule as in effect 

15 on the date of enactment of the Workforce Invest16 ment Act Amendments of 2005.’’. 

17 SEC. 113. STATE PLAN. 

18 (a) PLANNING CYCLE.—Section 112(a) (29 U.S.C. 

19 2822(a)) is amended— 

20 (1) by inserting ‘‘, or a State unified plan as 

21 described in section 501,’’ before ‘‘that outlines’’; 

22 (2) by striking ‘‘5-year strategy’’ and inserting 

23 ‘‘4-year strategy’’; and 

24 (3) by adding at the end the following: ‘‘At the 

25 end of the first 2-year period of the 4-year State 
24 

•S 1021 IS 

1 plan, the State board shall review and, as needed, 

2 amend the 4-year State plan to reflect labor market 

3 and economic conditions. In addition, the State shall 

4 submit a modification to the State plan at the end 

5 of the first 2-year period of the State plan, which 

6 may include redesignation of local areas pursuant to 

7 section 116(a) and specification of the levels of per8 formance under sections 136 for the third and 

9 fourth years of the plan.’’. 

10 (b) CONTENTS.—Section 112(b) (29 U.S.C. 2822(b)) 

11 is amended— 

12 (1) in paragraph (8)(A)— 

13 (A) in clause (ix), by striking ‘‘and’’ after 

14 the semicolon; and 

15 (B) by adding at the end the following: 

16 ‘‘(xi) programs authorized under title II of 

17 the Social Security Act (42 U.S.C. 401 et seq.) 

18 (relating to Federal old-age, survivors, and dis19 ability insurance benefits), title XVI of such Act 

20 (42 U.S.C. 1381 et seq.) (relating to supple21 mental security income), title XIX of such Act 

22 (42 U.S.C. 1396 et seq.) (relating to medicaid), 

23 and title XX of such Act (42 U.S.C. 1397 et 

24 seq.) (relating to block grants to States for so25 cial services), programs authorized under title 
25 

•S 1021 IS 

1 VII of the Rehabilitation Act of 1973 (29 

2 U.S.C. 796 et seq.), and programs carried out 

3 by State agencies relating to mental retardation 

4 and developmental disabilities; and’’; 

5 (2) by striking paragraph (10) and inserting 

6 the following: 

7 ‘‘(10) a description of how the State will use 

8 funds the State received under this subtitle to lever9 age other Federal, State, local, and private re10 sources, in order to maximize the effectiveness of 

11 such resources, expand resources for the provision of 

12 education and training services, and expand the par13 ticipation of businesses, employees, and individuals 

14 in the statewide workforce investment system, in15 cluding a description of incentives and technical as16 sistance the State will provide to local areas for such 

17 purposes;’’; 

18 (3) in paragraph (12)(A), by striking ‘‘sections 

19 128(b)(3)(B) and 133(b)(3)(B)’’ and inserting ‘‘sec20 tions 128(b)(3) and 133(b)(3)(B)’’; 

21 (4) in paragraph (14), by striking ‘‘section 

22 134(c)’’ and inserting ‘‘section 121(e)’’; 

23 (5) in paragraph (15), by striking ‘‘section 

24 116(a)(5)’’ and inserting ‘‘section 116(a)(4)’’; 

25 (6) in paragraph (17)— 
26 

•S 1021 IS 

1 (A) in subparagraph (A)— 

2 (i) in clause (iii)— 

3 (I) by inserting ‘‘local’’ before 

4 ‘‘customized training’’; and 

5 (II) by striking ‘‘and’’ at the end; 

6 (ii) in clause (iv), by striking ‘‘(includ7 ing displaced homemakers),’’ and all that 

8 follows through ‘‘disabilities)’’ and insert9 ing ‘‘, hard-to-serve populations, and indi10 viduals training for nontraditional employ11 ment’’; and 

12 (iii) by adding after clause (iv) the 

13 following: 

14 ‘‘(v) how the State will serve the em15 ployment and training needs of individuals 

16 with disabilities, consistent with section 

17 188 and Executive Order 13217 (42 

18 U.S.C. 12131 note; relating to community19 based alternatives for individuals with dis20 abilities), including the provision of out21 reach, intake, the conduct of assessments, 

22 service delivery, the development of adjust23 ments to performance measures established 

24 under section 136, and the training of 

25 staff; and’’; and 
27 

•S 1021 IS 

1 (B) in subparagraph (B), by striking 

2 ‘‘and’’ at the end; 

3 (7) in paragraph (18)(D)— 

4 (A) by striking ‘‘youth opportunity grants 

5 under section 169’’ and inserting ‘‘youth chal6 lenge grants authorized under section 169 and 

7 other federally funded youth programs’’; and 

8 (B) by striking the period and inserting a 

9 semicolon; and 

10 (8) by adding at the end the following: 

11 ‘‘(19) a description of how the State will utilize 

12 technology to facilitate access to services in remote 

13 areas, which may be utilized throughout the State; 

14 ‘‘(20) a description of the State strategy for co15 ordinating workforce investment activities and eco16 nomic development activities, and promoting entre17 preneurial skills training and microenterprise serv18 ices; 

19 ‘‘(21) a description of the State strategy and 

20 assistance to be provided for ensuring regional co21 operation within the State and across State borders 

22 as appropriate; 

23 ‘‘(22) a description of how the State will use 

24 funds the State receives under this subtitle to— 
28 

•S 1021 IS 

1 ‘‘(A) implement innovative programs and 

2 strategies designed to meet the needs of all 

3 businesses in the State, including small busi4 nesses, which may include incumbent worker 

5 training programs, sectoral and industry cluster 

6 strategies, regional skills alliances, career ladder 

7 programs, utilization of effective business inter8 mediaries, and other business services and 

9 strategies that better engage employers in 

10 workforce investment activities and make the 

11 statewide workforce investment system more 

12 relevant to the needs of State and local busi13 nesses, consistent with the objectives of this 

14 title; and 

15 ‘‘(B) provide incentives and technical as16 sistance to assist local areas in more fully en17 gaging all employers, including small employers, 

18 in local workforce investment activities, to make 

19 the workforce investment system more relevant 

20 to the needs of area businesses, and to better 

21 coordinate workforce investment and economic 

22 development efforts to contribute to the eco23 nomic well-being of the local area, as deter24 mined appropriate by the local board; 

25 ‘‘(23) a description of the State strategy— 
29 

•S 1021 IS 

1 ‘‘(A) for ensuring cooperation between 

2 transportation providers, including public trans3 portation providers, and providers of workforce 

4 investment activities; and 

5 ‘‘(B) for ensuring coordination among ap6 propriate State agencies and programs to make 

7 available skills training, employment services 

8 and opportunities, and career advancement ac9 tivities, that will assist ex-offenders in reen10 tering the workforce; 

11 ‘‘(24) a description of how the State will assist 

12 local areas in assuring physical and programmatic 

13 accessibility for individuals with disabilities at one14 stop centers; 

15 ‘‘(25) a description of the process and method16 ology that will be used by the State board to— 

17 ‘‘(A) review statewide policies and provide 

18 guidance on the coordinated provision of serv19 ices through the one-stop delivery system de20 scribed in section 121(e); 

21 ‘‘(B) establish, in consultation with chief 

22 elected officials and local boards, objective cri23 teria and procedures for use by local boards in 

24 periodically assessing the effectiveness, physical 

25 and programmatic accessibility, and continuous 
30 

•S 1021 IS 

1 improvement of one-stop centers and the one2 stop delivery system as described in section 

3 121(g); and 

4 ‘‘(C) determine— 

5 ‘‘(i) one-stop partner program con6 tributions for the costs of the infrastruc7 ture of one-stop centers under section 

8 121(h)(2); and 

9 ‘‘(ii) the formula for allocating the 

10 funds described in section 121(h)(2) to 

11 local areas; 

12 ‘‘(26) a description of the State strategy for en13 suring that activities carried out under this title are 

14 placing men and women in jobs, education, or train15 ing that lead to comparable pay; and 

16 ‘‘(27) a description of the technical assistance 

17 available to one-stop operators and providers of 

18 training services for strategies to serve hard-to-serve 

19 populations and promote placement in nontraditional 

20 employment.’’. 

21 (c) MODIFICATIONS TO PLAN.—Section 112(d) (29 

22 U.S.C. 2822(d)) is amended— 

23 (1) by striking ‘‘5-year period’’ and inserting 

24 ‘‘4-year period’’; and 
31 

•S 1021 IS 

1 (2) by adding at the end the following: ‘‘In ad2 dition, the State shall submit the modifications to 

3 the State plan required under subsection (a), under 

4 circumstances prescribed by the Secretary that are 

5 due to changes in Federal law that significantly af6 fect elements of the State plan.’’. 

7 SEC. 114. LOCAL WORKFORCE INVESTMENT AREAS. 

8 (a) DESIGNATION OF AREAS.— 

9 (1) CONSIDERATIONS.—Section 116(a)(1) (29 

10 U.S.C. 2831(a)(1)) is amended— 

11 (A) in subparagraph (A), by striking 

12 ‘‘paragraphs (2), (3), and (4)’’ and inserting 

13 ‘‘paragraphs (2) and (3)’’; and 

14 (B) in subparagraph (B), by adding at the 

15 end the following: 

16 ‘‘(vi) The extent to which such local 

17 areas will promote maximum effectiveness 

18 in the administration and provision of serv19 ices.’’. 

20 (2) AUTOMATIC DESIGNATION.—Section 

21 116(a)(2) (29 U.S.C. 2831(a)(2)) is amended to 

22 read as follows: 

23 ‘‘(2) AUTOMATIC DESIGNATION.— 

24 ‘‘(A) IN GENERAL.—The Governor shall 

25 approve a request for designation as a local 
32 

•S 1021 IS 

1 area that is submitted prior to the submission 

2 of the State plan, or of a modification to the 

3 State plan relating to area designation, from 

4 any area that— 

5 ‘‘(i) is a unit of general local govern6 ment with a population of 500,000 or 

7 more, except that after the initial 2-year 

8 period following such designation pursuant 

9 to this clause that occurs after the date of 

10 enactment of the Workforce Investment 

11 Act Amendments of 2005, the Governor 

12 shall only be required to approve a request 

13 for designation from such area if such 

14 area— 

15 ‘‘(I) performed successfully; and 

16 ‘‘(II) sustained fiscal integrity; 

17 ‘‘(ii) was a local area under this title 

18 for the preceding 2-year period, if such 

19 local area— 

20 ‘‘(I) performed successfully; and 

21 ‘‘(II) sustained fiscal integrity; 

22 ‘‘(iii) is served by a rural concentrated 

23 employment program grant recipient, ex24 cept that after the initial 2-year period fol25 lowing any such designation under the ini-
33 

•S 1021 IS 

1 tial State plan submitted after the date of 

2 enactment of the Workforce Investment 

3 Act Amendments of 2005, the Governor 

4 shall only be required to approve a request 

5 for designation under this clause for such 

6 area if such area— 

7 ‘‘(I) performed successfully; and 

8 ‘‘(II) sustained fiscal integrity; or 

9 ‘‘(iv) was a local area under section 

10 116(a)(2)(C) (as in effect on the day be11 fore the date of enactment of the Work12 force Investment Act Amendments of 

13 2005), except that after the initial 2-year 

14 period following such designation pursuant 

15 to this clause that occurs after that date of 

16 enactment, the Governor shall only be re17 quired to approve a request for designation 

18 under this clause for such area if such 

19 area— 

20 ‘‘(I) performed successfully; and 

21 ‘‘(II) sustained fiscal integrity. 

22 ‘‘(B) DEFINITIONS.—For purposes of this 

23 paragraph: 

24 ‘‘(i) PERFORMED SUCCESSFULLY.— 

25 The term ‘performed successfully’, when 
34 

•S 1021 IS 

1 used with respect to a local area, means 

2 the local area performed at 80 percent or 

3 more of the adjusted level of performance 

4 for core indicators of performance de5 scribed in section 136(b)(2)(A) for 2 con6 secutive years. 

7 ‘‘(ii) SUSTAINED FISCAL INTEG8 RITY.—The term ‘sustained fiscal integ9 rity’, used with respect to an area, means 

10 that the Secretary has not made a formal 

11 determination during the preceding 2-year 

12 period that either the grant recipient or 

13 the administrative entity of the area 

14 misexpended funds provided under this 

15 title due to willful disregard of the require16 ments of the Act involved, gross neg17 ligence, or failure to comply with accepted 

18 standards of administration.’’. 

19 (3) CONFORMING AMENDMENTS.—Section 

20 116(a) (29 U.S.C. 2831(a)) is amended— 

21 (A) by striking paragraph (3); 

22 (B) by redesignating paragraphs (4) and 

23 (5) as paragraph (3) and (4), respectively; 

24 (C) in paragraph (3) (as redesignated by 

25 subparagraph (B))— 
35 

•S 1021 IS 

1 (i) by striking ‘‘(including temporary 

2 designation)’’; and 

3 (ii) by striking ‘‘(v)’’ and inserting 

4 ‘‘(vi)’’; and 

5 (D) in paragraph (4) (as redesignated by 

6 subparagraph (B))— 

7 (i) by striking ‘‘under paragraph (2) 

8 or (3)’’ and inserting ‘‘under paragraph 

9 (2)’’; and 

10 (ii) by striking the second sentence. 

11 (b) SINGLE LOCAL AREA STATES.—Section 116(b) 

12 (29 U.S.C. 2831(b)) is amended to read as follows: 

13 ‘‘(b) SINGLE LOCAL AREA STATES.— 

14 ‘‘(1) CONTINUATION OF PREVIOUS DESIGNA15 TION.—Notwithstanding subsection (a)(2), the Gov16 ernor of any State that was a single local area for 

17 purposes of this title as of July 1, 2004, may con18 tinue to designate the State as a single local area for 

19 purposes of this title if the Governor identifies the 

20 State as a local area in the State plan under section 

21 112(b)(5). 

22 ‘‘(2) REDESIGNATION.—The Governor of a 

23 State not described in paragraph (1) may designate 

24 the State as a single local area if, prior to the sub25 mission of the State plan or modification to such 
36 

•S 1021 IS 

1 plan so designating the State, no local area meeting 

2 the requirements for automatic designation under 

3 subsection (a)(2) requests such designation as a sep4 arate local area. 

5 ‘‘(3) EFFECT ON LOCAL PLAN.—In any case in 

6 which a State is designated as a local area pursuant 

7 to this subsection, the local plan prepared under sec8 tion 118 for the area shall be submitted to the Sec9 retary for approval as part of the State plan under 

10 section 112.’’. 

11 (c) REGIONAL PLANNING.—Section 116(c) (29 

12 U.S.C. 2831(c)) is amended— 

13 (1) by striking paragraph (1) and inserting the 

14 following: 

15 ‘‘(1) PLANNING.— 

16 ‘‘(A) IN GENERAL.—As part of the process 

17 for developing the State plan, a State may re18 quire regional planning by local boards for a 

19 designated region in the State. The State may 

20 require the local boards for a designated region 

21 to participate in a regional planning process 

22 that results in the establishment of regional 

23 performance measures for workforce investment 

24 activities authorized under this subtitle. The 

25 State, after consultation with local boards and 
37 

•S 1021 IS 

1 chief elected officials, may require the local 

2 boards for the designated region to prepare, 

3 submit, and obtain approval of a single regional 

4 plan that incorporates local plans for each of 

5 the local areas in the region, as required under 

6 section 118. The State may award regional in7 centive grants to the designated regions that 

8 meet or exceed the regional performance meas9 ures pursuant to section 134(a)(2)(B)(iii). 

10 ‘‘(B) TECHNICAL ASSISTANCE.—If the 

11 State requires regional planning as provided in 

12 subparagraph (A), the State shall provide tech13 nical assistance and labor market information 

14 to such local areas in the designated regions to 

15 assist with such regional planning and subse16 quent service delivery efforts.’’; 

17 (2) in paragraph (2), by inserting ‘‘information 

18 about the skill requirements of existing and emerg19 ing industries and industry clusters,’’ after ‘‘infor20 mation about employment opportunities and 

21 trends,’’; and 

22 (3) in paragraph (3), by adding at the end the 

23 following: ‘‘Such services may be required to be co24 ordinated with regional economic development serv25 ices and strategies.’’. 
38 

•S 1021 IS 

1 SEC. 115. LOCAL WORKFORCE INVESTMENT BOARDS. 

2 (a) COMPOSITION.—Section 117(b) (29 U.S.C. 

3 2832(b)) is amended— 

4 (1) in paragraph (2)(A)— 

5 (A) in clause (i), by striking subclause (II) 

6 and inserting the following: 

7 ‘‘(II) collectively, represent busi8 nesses with employment opportunities 

9 that reflect the employment opportu10 nities of the local area, and include 

11 representatives of businesses that are 

12 in high-growth and emerging indus13 tries, and representatives of busi14 nesses, including small businesses, in 

15 the local area; and’’; 

16 (B) by striking clause (ii) and inserting the 

17 following: 

18 ‘‘(ii)(I) a superintendent representing 

19 the local school districts involved or an20 other high-level official from such districts; 

21 ‘‘(II) the president or highest ranking 

22 official of an institution of higher edu23 cation participating in the workforce in24 vestment activities in the local area; and 
39 

•S 1021 IS 

1 ‘‘(III) an administrator of local enti2 ties providing adult education and literacy 

3 activities in the local area;’’; 

4 (C) in clause (iv), by inserting ‘‘, hard-to5 serve populations,’’ after ‘‘disabilities’’; 

6 (D) in clause (v), by striking ‘‘and’’ at the 

7 end; and 

8 (E) by striking clause (vi) and inserting 

9 the following: 

10 ‘‘(vi) a representative from the State 

11 employment service under the Wagner12 Peyser Act (29 U.S.C. 49 et seq.) who is 

13 serving the local area; and 

14 ‘‘(vii) if the local board does not es15 tablish or continue a youth council, rep16 resentatives with experience serving out-of17 school youth, particularly out-of-school 

18 youth facing barriers to employment; and’’; 

19 and 

20 (2) by adding at the end the following: 

21 ‘‘(6) SPECIAL RULE.—In the case that there 

22 are multiple school districts or institutions of higher 

23 education serving a local area, the representatives 

24 described in subclause (I) or (II) of paragraph 

25 (2)(A)(ii), respectively, shall be appointed from 
40 

•S 1021 IS 

1 among individuals nominated by regional or local 

2 educational agencies, institutions, or organizations 

3 representing such agencies or institutions.’’. 

4 (b) AUTHORITY OF BOARD MEMBERS.—Section 

5 117(b)(3) (29 U.S.C. 2832(b)(3)) is amended— 

6 (1) in the heading, by inserting ‘‘AND REP7 RESENTATION’’ after ‘‘AUTHORITY’’; and 

8 (2) by adding at the end the following: ‘‘The 

9 members of the board shall represent diverse geo10 graphic sections within the local area.’’. 

11 (c) CONFORMING AMENDMENT.—Section 

12 117(c)(1)(C) (29 U.S.C. 2832(c)(1)(C)) is amended by 

13 striking ‘‘section 116(a)(2)(B)’’ and inserting ‘‘section 

14 116(a)(2)(A)(ii)’’. 

15 (d) FUNCTIONS.—Section 117(d) (29 U.S.C. 

16 2832(d)) is amended— 

17 (1) in paragraph (2)— 

18 (A) in subparagraph (B)— 

19 (i) by inserting ‘‘(except as provided 

20 in section 123(b))’’ after ‘‘basis’’; and 

21 (ii) by inserting ‘‘(where appro22 priate)’’ after ‘‘youth council’’; and 

23 (B) by adding at the end the following: 

24 ‘‘(E) CONSUMER CHOICE REQUIRE25 MENTS.—Consistent with sections 122 and 
41 

•S 1021 IS 

1 paragraphs (3) and (4) of 134(d), the local 

2 board shall work to ensure there are sufficient 

3 providers of intensive services and training serv4 ices serving the local area in a manner that 

5 maximizes consumer choice, including providers 

6 with expertise in assisting individuals with dis7 abilities.’’; 

8 (2) in paragraph (3)(B), by striking clause (ii) 

9 and inserting the following: 

10 ‘‘(ii) STAFF.— 

11 ‘‘(I) IN GENERAL.—The local 

12 board may hire staff. 

13 ‘‘(II) LIMITATION ON RATE.— 

14 Funds appropriated under this title 

15 shall not be used to pay staff em16 ployed by the local board, either as a 

17 direct cost or through any proration 

18 as an indirect cost, at a rate in excess 

19 of the maximum rate payable for a 

20 position at GS–15 of the General 

21 Schedule, as in effect on the date of 

22 enactment of the Workforce Invest23 ment Act Amendments of 2005.’’; 

24 (3) in paragraph (4), by inserting ‘‘, and shall 

25 ensure the appropriate use and management of the 
42 

•S 1021 IS 

1 funds provided under this subtitle for such pro2 grams, activities, and system’’ after ‘‘area’’; 

3 (4) in paragraph (6)— 

4 (A) by striking ‘‘EMPLOYMENT STATISTICS

5 SYSTEM’’ and inserting ‘‘WORKFORCE AND

6 LABOR MARKET INFORMATION SYSTEM’’; and 

7 (B) by striking ‘‘employment statistics sys8 tem’’ and inserting ‘‘workforce and labor mar9 ket information system’’; 

10 (5) in paragraph (8)— 

11 (A) by inserting ‘‘, including small employ12 ers,’’ after ‘‘private sector employers’’; and 

13 (B) by striking the period and inserting ‘‘, 

14 taking into account the unique needs of small 

15 businesses.’’; and 

16 (6) by adding at the end the following: 

17 ‘‘(9) TECHNOLOGY IMPROVEMENTS.—The local 

18 board shall develop strategies for technology im19 provements to facilitate access to services, in remote 

20 areas, for services authorized under this subtitle and 

21 carried out in the local area.’’. 

22 (e) CONFORMING AMENDMENT.—Section 117(f)(2) 

23 (29 U.S.C. 2832(f)(2)) is amended by striking ‘‘described 

24 in section 134(c)’’. 
43 

•S 1021 IS 

1 (f) CONFLICT OF INTEREST.—Section 117(g)(1) (29 

2 U.S.C. 2832(g)(1)) is amended by inserting ‘‘or partici3 pate in action taken on’’ after ‘‘vote.’’ 

4 (g) AUTHORITY TO ESTABLISH COUNCILS AND

5 ELIMINATION OF REQUIREMENT FOR YOUTH COUN6 CILS.—Section 117(h) (29 U.S.C. 2832(h)) is amended to 

7 read as follows: 

8 ‘‘(h) COUNCILS.—The local board may establish or 

9 continue councils to provide information and advice to as10 sist the local board in carrying out activities under this 

11 title. Such councils may include— 

12 ‘‘(1) a council composed of one-stop partners to 

13 advise the local board on the operation of the one14 stop delivery system involved; 

15 ‘‘(2) a youth council composed of experts and 

16 stakeholders in youth programs to advise the local 

17 board on youth activities; and 

18 ‘‘(3) such other councils as the local board de19 termines are appropriate.’’. 

20 (h) ALTERNATIVE ENTITY PROVISION.—Section 

21 117(i)(1) (29 U.S.C. 2832(i)(1)) is amended— 

22 (1) in the matter preceding subparagraph (A), 

23 by striking ‘‘and paragraphs (1) and (2) of sub24 section (h),’’; 
44 

•S 1021 IS 

1 (2) by striking subparagraph (B) and inserting 

2 the following: 

3 ‘‘(B) was in existence on August 7, 1998, 

4 pursuant to State law; and’’; 

5 (3) by striking subparagraph (C); and 

6 (4) by redesignating subparagraph (D) as sub7 paragraph (C). 

8 SEC. 116. LOCAL PLAN. 

9 (a) PLANNING CYCLE.—Section 118(a) (29 U.S.C. 

10 2833(a)) is amended— 

11 (1) by striking ‘‘5-year’’ and inserting ‘‘4-year’’; 

12 and 

13 (2) by adding at the end the following: ‘‘At the 

14 end of the first 2-year period of the 4-year plan, the 

15 local board shall review and, as needed, amend the 

16 4-year plan to reflect labor market and economic 

17 conditions.’’. 

18 (b) CONTENTS.—Section 118(b) (29 U.S.C. 2833(b)) 

19 is amended— 

20 (1) in paragraph (2)— 

21 (A) in subparagraph (A), by striking 

22 ‘‘and’’ after the semicolon; 

23 (B) by striking subparagraph (B) and in24 serting the following: 
45 

•S 1021 IS 

1 ‘‘(B) a description of how the local board 

2 will facilitate access to services provided 

3 through the one-stop delivery system involved, 

4 in remote areas, including facilitating access 

5 through the use of technology; and’’; and 

6 (C) by adding at the end the following: 

7 ‘‘(C) a description of how the local board 

8 will ensure physical and programmatic accessi9 bility for individuals with disabilities at one-stop 

10 centers;’’; 

11 (2) in paragraph (9), by striking ‘‘; and’’ and 

12 inserting a semicolon; 

13 (3) by redesignating paragraph (10) as para14 graph (16); and 

15 (4) by inserting after paragraph (9) the fol16 lowing: 

17 ‘‘(10) a description of how the local board will 

18 coordinate workforce investment activities carried 

19 out in the local area with economic development ac20 tivities carried out in the local area, and promote en21 trepreneurial skills training and microenterprise 

22 services; 

23 ‘‘(11) a description of the strategies and serv24 ices that will be initiated in the local area to more 

25 fully engage all employers, including small employ-
46 

•S 1021 IS 

1 ers, in workforce investment activities, to make the 

2 workforce investment system more relevant to the 

3 needs of area businesses, and to better coordinate 

4 workforce investment and economic development ef5 forts, which may include the implementation of inno6 vative initiatives such as incumbent worker training 

7 programs, sectoral and industry cluster strategies, 

8 regional skills alliance initiatives, career ladder pro9 grams, utilization of effective business inter10 mediaries, and other business services and strategies 

11 designed to meet the needs of area employers and 

12 contribute to the economic well-being of the local 

13 area, as determined appropriate by the local board, 

14 consistent with the objectives of this title; 

15 ‘‘(12) a description of how the local board will 

16 expand access to education and training services for 

17 eligible individuals who are in need of such services 

18 through— 

19 ‘‘(A) the utilization of programs funded 

20 under this title; and 

21 ‘‘(B) the increased leveraging of resources 

22 other than those provided under this title, in23 cluding tax credits, private sector-provided 

24 training, and other Federal, State, local, and 
47 

•S 1021 IS 

1 private funds that are brokered through the 

2 one-stop centers for training services; 

3 ‘‘(13) a description of how the local board will 

4 coordinate workforce investment activities carried 

5 out in the local area with the provision of transpor6 tation, including public transportation, in the local 

7 area; 

8 ‘‘(14) a description of plans for, assurances 

9 concerning, and strategies for maximizing coordina10 tion of services provided by the State employment 

11 service under the Wagner-Peyser Act (29 U.S.C. 49 

12 et seq.) and services provided in the local area 

13 through the one-stop delivery system described in 

14 section 121(e), to improve service delivery and avoid 

15 duplication of services; 

16 ‘‘(15) a description of how the local board will 

17 coordinate workforce investment activities carried 

18 out in the local area with other Federal, State, and 

19 local area education, job training, and economic de20 velopment programs and activities; and’’. 

21 SEC. 117. ESTABLISHMENT OF ONE-STOP DELIVERY SYS22 TEMS. 

23 (a) ONE-STOP PARTNERS.— 

24 (1) REQUIRED PARTNERS.—Section 121(b)(1) 

25 (29 U.S.C. 2841(b)(1)) is amended— 
48 

•S 1021 IS 

1 (A) by striking subparagraph (A) and in2 serting the following: 

3 ‘‘(A) ROLES AND RESPONSIBILITIES OF

4 ONE-STOP PARTNERS.—Each entity that carries 

5 out a program or activities described in sub6 paragraph (B) shall— 

7 ‘‘(i) provide access through the one8 stop delivery system to the programs and 

9 activities carried out by the entity, includ10 ing making the core services described in 

11 section 134(d)(2) that are applicable to the 

12 program of the entity available at the one13 stop centers (in addition to any other ap14 propriate locations); 

15 ‘‘(ii) use a portion of the funds avail16 able to the program of the entity to main17 tain the one-stop delivery system, including 

18 payment of the infrastructure costs of one19 stop centers in accordance with subsection 

20 (h); 

21 ‘‘(iii) enter into a local memorandum 

22 of understanding with the local board re23 lating to the operation of the one-stop sys24 tem that meets the requirements of sub25 section (c); 
49 

•S 1021 IS 

1 ‘‘(iv) participate in the operation of 

2 the one-stop system consistent with the 

3 terms of the memorandum of under4 standing, the requirements of this title, 

5 and the requirements of the Federal laws 

6 authorizing the programs carried out by 

7 the entity; and 

8 ‘‘(v) provide representation on the 

9 State board to the extent provided under 

10 section 111.’’; 

11 (B) in subparagraph (B)— 

12 (i) by striking clause (v); 

13 (ii) by redesignating clauses (vi) 

14 through (xii) as clauses (v) through (xi), 

15 respectively; 

16 (iii) in clause (x) (as redesignated by 

17 clause (ii)), by striking ‘‘and’’ at the end; 

18 (iv) in clause (xi) (as redesignated by 

19 clause (ii)), by striking the period and in20 serting ‘‘; and’’; and 

21 (v) by adding at the end the following: 

22 ‘‘(xii) programs authorized under part 

23 A of title IV of the Social Security Act (42 

24 U.S.C. 601 et seq.), subject to subpara25 graph (C).’’; and 
50 

•S 1021 IS 

1 (C) by adding at the end the following: 

2 ‘‘(C) DETERMINATION BY THE GOV3 ERNOR.— 

4 ‘‘(i) IN GENERAL.—An entity that 

5 carries out programs referred to in sub6 paragraph (B)(xii) shall be included in the 

7 one-stop partners for the local area, as a 

8 required partner, for purposes of this title 

9 unless the Governor of the State provides 

10 the notification described in clause (ii). 

11 ‘‘(ii) NOTIFICATION.—The notification 

12 referred to in clause (i) is a notification 

13 that— 

14 ‘‘(I) is made in writing of a de15 termination by the Governor not to in16 clude such entity in the one-stop part17 ners described in clause (i); and 

18 ‘‘(II) is provided to the Secretary 

19 and the Secretary of Health and 

20 Human Services.’’. 

21 (2) ADDITIONAL PARTNERS.— 

22 (A) IN GENERAL.—Section 121(b)(2)(A) 

23 (29 U.S.C. 2841(b)(2)(A)) is amended to read 

24 as follows: 
51 

•S 1021 IS 

1 ‘‘(A) IN GENERAL.—With the approval of 

2 the local board and chief elected official, in ad3 dition to the entities described in paragraph 

4 (1), other entities that carry out human re5 source programs described in subparagraph (B) 

6 may be one-stop partners and carry out the re7 sponsibilities described in paragraph (1)(A).’’. 

8 (B) ADDITIONAL PARTNERS.—Section 

9 121(b)(2)(B) (29 U.S.C. 2841(b)(2)(B)) is 

10 amended by striking clauses (i) through (iii) 

11 and inserting the following: 

12 ‘‘(i) employment and training pro13 grams administered by the Social Security 

14 Administration, including the Ticket to 

15 Work and Self-Sufficiency program estab16 lished under section 1148 of the Social Se17 curity Act (42 U.S.C. 1320b–19); 

18 ‘‘(ii) employment and training pro19 grams carried out by the Small Business 

20 Administration; 

21 ‘‘(iii) programs authorized under sec22 tion 6(d)(4) of the Food Stamp Act of 

23 1977 (7 U.S.C. 2015(d)(4));’’. 
52 

•S 1021 IS 

1 (b) LOCAL MEMORANDUM OF UNDERSTANDING.— 

2 Section 121(c)(2)(A) (29 U.S.C. 2841(c)(2)(A)) is amend3 ed to read as follows: 

4 ‘‘(A) provisions describing— 

5 ‘‘(i) the services to be provided 

6 through the one-stop delivery system con7 sistent with the requirements of this sec8 tion, including the manner in which the 

9 services will be coordinated through such 

10 system; 

11 ‘‘(ii) how the costs of such services 

12 and the operating costs of such system will 

13 be funded, through cash and in-kind con14 tributions, to provide a stable and equi15 table funding stream for ongoing one-stop 

16 system operations, including the funding of 

17 the infrastructure costs of one-stop centers 

18 in accordance with subsection (h); 

19 ‘‘(iii) methods of referral of individ20 uals between the one-stop operator and the 

21 one-stop partners for appropriate services 

22 and activities; 

23 ‘‘(iv) methods to ensure the needs of 

24 hard-to-serve populations are addressed in 
53 

•S 1021 IS 

1 providing access to services through the 

2 one-stop system; and 

3 ‘‘(v) the duration of the memorandum 

4 of understanding and the procedures for 

5 amending the memorandum during the 

6 term of the memorandum, and assurances 

7 that such memorandum shall be reviewed 

8 not less than once every 2-year period to 

9 ensure appropriate funding and delivery of 

10 services; and’’. 

11 (c) CONFORMING AMENDMENT.—Section 121(d)(2) 

12 (29 U.S.C. 2841(d)(2)) is amended by striking ‘‘section 

13 134(c)’’ and inserting ‘‘section 121(e)’’. 

14 (d) PROVISION OF SERVICES.— 

15 (1) ELIMINATION OF PROVISIONS CONCERNING

16 ESTABLISHED SYSTEMS.—Section 121 (29 U.S.C. 

17 2841) is amended by striking subsection (e). 

18 (2) REDESIGNATION.—Subtitle B of title I is 

19 amended— 

20 (A) in section 134 (29 U.S.C. 2864), by 

21 redesignating subsection (c) as subsection (e); 

22 and 

23 (B) by transferring that subsection (e) so 

24 that the subsection appears after subsection (d) 

25 of section 121. 
54 

•S 1021 IS 

1 (3) ONE-STOP DELIVERY SYSTEMS.—Paragraph 

2 (1) of section 121(e) (29 U.S.C. 2841(e)) (as redes3 ignated by paragraph (2)) is amended— 

4 (A) in subparagraph (A), by striking ‘‘sub5 section (d)(2)’’ and inserting ‘‘section 

6 134(d)(2)’’; 

7 (B) in subparagraph (B)— 

8 (i) by striking ‘‘subsection (d)’’ and 

9 inserting ‘‘section 134(d)’’; 

10 (ii) by striking ‘‘individual training 

11 accounts’’ and inserting ‘‘career scholar12 ship accounts’’; and 

13 (iii) by striking ‘‘subsection 

14 (d)(4)(G)’’ and inserting ‘‘section 

15 134(d)(4)(G)’’; 

16 (C) in subparagraph (C), by striking ‘‘sub17 section (e)’’ and inserting ‘‘section 134(e)’’; 

18 (D) in subparagraph (D), by striking ‘‘sec19 tion 121(b)’’ and inserting ‘‘subsection (b)’’; 

20 and 

21 (E) in subparagraph (E), by striking ‘‘in22 formation described in section 15’’ and insert23 ing ‘‘data, information, and analysis described 

24 in section 15(a)’’. 
55 

•S 1021 IS 

1 (e) CONTINUOUS IMPROVEMENT OF ONE-STOP CEN2 TERS.—Section 121 (29 U.S.C. 2841) is amended by add3 ing at the end the following: 

4 ‘‘(g) CONTINUOUS IMPROVEMENT OF ONE-STOP

5 CENTERS.— 

6 ‘‘(1) IN GENERAL.—The State board, in con7 sultation with chief local elected officials and local 

8 boards, shall establish objective criteria and proce9 dures for use by local boards in periodically assess10 ing the effectiveness, physical and programmatic ac11 cessibility, and continuous improvement of one-stop 

12 centers and the one-stop delivery system. 

13 ‘‘(2) CRITERIA.—The procedures and criteria 

14 developed under this subsection shall include min15 imum standards relating to the scope and degree of 

16 service coordination achieved by the one-stop deliv17 ery system with respect to the programs adminis18 tered by the one-stop partners at the one-stop cen19 ters, consistent with the guidelines and guidance 

20 provided by the Governor and by the State board, in 

21 consultation with the chief elected official and local 

22 boards, for such partners’ participation under sub23 sections (h)(1)(B) and subsection (i), respectively, 

24 and such other factors relating to the quality, acces25 sibility, and effectiveness of the one-stop delivery 
56 

•S 1021 IS 

1 system as the State board determines to be appro2 priate. 

3 ‘‘(3) LOCAL BOARDS.—Consistent with the cri4 teria developed by the State, the local board may de5 velop additional criteria of higher standards to re6 spond to local labor market and demographic condi7 tions and trends. 

8 ‘‘(h) FUNDING OF ONE-STOP INFRASTRUCTURE.— 

9 ‘‘(1) IN GENERAL.— 

10 ‘‘(A) OPTIONS FOR INFRASTRUCTURE

11 FUNDING.— 

12 ‘‘(i) LOCAL OPTIONS.—The local 

13 board, chief elected officials, and one-stop 

14 partners in a local area may choose to 

15 fund the costs of the infrastructure of one16 stop centers through— 

17 ‘‘(I) methods described in the 

18 local memorandum of understanding, 

19 if, the local board, chief elected offi20 cials, and one-stop partners agree to 

21 such methods; or 

22 ‘‘(II) the State infrastructure 

23 funding mechanism described in para24 graph (2). 
57 

•S 1021 IS 

1 ‘‘(ii) FAILURE TO REACH AGREEMENT

2 ON FUNDING METHODS.—If, as of July 1, 

3 2006, the local board, chief elected offi4 cials, and one-stop partners in a local area 

5 fail to reach agreement on methods of suf6 ficient funding of the infrastructure costs 

7 of one-stop centers, as determined by the 

8 local area, the State infrastructure funding 

9 mechanism described in paragraph (2) 

10 shall be applicable to such local area. 

11 ‘‘(B) GUIDANCE FOR INFRASTRUCTURE

12 FUNDING.—In addition to carrying out the re13 quirements relating to the State mechanism for 

14 one-stop center infrastructure funding described 

15 in paragraph (2), the Governor, after consulta16 tion with chief local elected officials, local 

17 boards, and the State board, and consistent 

18 with the guidelines provided by the State board 

19 under subsection (i), shall provide— 

20 ‘‘(i) guidelines for State administered 

21 one-stop partner programs in determining 

22 such programs’ contributions to and par23 ticipation in the one-stop delivery system, 

24 including funding for the costs of infra25 structure as defined in paragraph (2)(D), 
58 

•S 1021 IS 

1 negotiated pursuant to the local memo2 randum of understanding under subsection 

3 (c); and 

4 ‘‘(ii) guidance to assist local areas in 

5 identifying equitable and stable alternative 

6 methods of funding of the costs of the in7 frastructure of one-stop centers in local 

8 areas. 

9 ‘‘(2) STATE ONE-STOP INFRASTRUCTURE FUND10 ING.— 

11 ‘‘(A) PARTNER CONTRIBUTIONS.— 

12 ‘‘(i) IN GENERAL.—Subject to clause 

13 (iii), a portion determined under clause (ii) 

14 of the Federal funds provided to the State 

15 and areas within the State under the Fed16 eral laws authorizing the programs de17 scribed in subsection (b)(1) and adminis18 tered by one-stop partners for a fiscal year 

19 shall be provided to the Governor from 

20 such programs to assist in paying the costs 

21 of infrastructure of one-stop centers in 

22 those local areas of the State not funded 

23 under the option described in paragraph 

24 (1)(A)(i)(I). 
59 

•S 1021 IS 

1 ‘‘(ii) DETERMINATION OF GOV2 ERNOR.— 

3 ‘‘(I) IN GENERAL.—Subject to 

4 subclause (II) and clause (iii), the 

5 Governor, after consultation with chief 

6 local elected officials, local boards, 

7 and the State board, shall determine 

8 the portion of funds to be provided 

9 under clause (i) by each one-stop 

10 partner from each program described 

11 in clause (i). In making such deter12 mination, the Governor shall calculate 

13 the proportionate use of the one-stop 

14 centers for the purpose of determining 

15 funding contributions pursuant to 

16 clause (i)(II) or (ii) of paragraph 

17 (1)(A) by each partner, and the costs 

18 of administration for purposes not re19 lated to one-stop centers for each 

20 partner. The Governor shall exclude 

21 from such determination the portion 

22 of funds and use of one-stop centers 

23 attributable to the programs of one24 stop partners for those local areas of 

25 the State where the infrastructure of 
60 

•S 1021 IS 

1 one-stop centers is funded under the 

2 option described in paragraph 

3 (1)(A)(i)(I). 

4 ‘‘(II) SPECIAL RULE.—In a State 

5 in which the State constitution places 

6 policymaking authority that is inde7 pendent of the authority of the Gov8 ernor in an entity or official with re9 spect to the funds provided for adult 

10 education and literacy activities au11 thorized under title II and for postsec12 ondary vocational and technical edu13 cation activities authorized under the 

14 Carl D. Perkins Vocational and Tech15 nical Education Act of 1998 (20 

16 U.S.C. 2301 et seq.), or vocational re17 habilitation services offered under the 

18 Rehabilitation Act of 1973 (29 U.S.C. 

19 701 et seq.), the determination de20 scribed in subclause (I) with respect 

21 to the programs authorized under that 

22 title and those Acts shall be made by 

23 the chief officer of the entity with 

24 such authority in consultation with 

25 the Governor. 
61 

•S 1021 IS 

1 ‘‘(III) APPEAL BY ONE-STOP

2 PARTNERS.—The Governor shall es3 tablish a procedure for the one-stop 

4 partner administering a program de5 scribed in subsection (b) to appeal a 

6 determination regarding the portion of 

7 funds to be contributed under this 

8 paragraph on the basis that such de9 termination is inconsistent with the 

10 criteria described in the State plan or 

11 with the requirements of this para12 graph. Such procedure shall ensure 

13 prompt resolution of the appeal. 

14 ‘‘(iii) LIMITATIONS.— 

15 ‘‘(I) PROVISION FROM ADMINIS16 TRATIVE FUNDS.—The funds provided 

17 under this paragraph by each one-stop 

18 partner shall be provided only from 

19 funds available for the costs of admin20 istration under the program adminis21 tered by such partner, and shall be 

22 subject to the program limitations 

23 with respect to the portion of funds 

24 under such program that may be used 

25 for administration. 
62 

•S 1021 IS 

1 ‘‘(II) CAP ON REQUIRED CON2 TRIBUTIONS.— 

3 ‘‘(aa) WIA FORMULA PRO4 GRAMS AND EMPLOYMENT SERV5 ICE.—The portion of funds re6 quired to be contributed under 

7 clause (i)(II) or (ii) of paragraph 

8 (1)(A) by the programs author9 ized under chapters 4 and 5 and 

10 under the Wagner-Peyser Act 

11 (29 U.S.C. 49 et seq.) shall not 

12 be in excess of 3 percent of the 

13 amount of Federal funds pro14 vided to carry out each such pro15 gram in the State for a fiscal 

16 year. 

17 ‘‘(bb) OTHER ONE-STOP

18 PARTNERS.—The portion of 

19 funds required to be contributed 

20 under clause (i)(II) or (ii) of 

21 paragraph (1)(A) by a one-stop 

22 partner from a program de23 scribed in subsection (b)(1) other 

24 than the programs described 

25 under item (aa) shall not be in 
63 

•S 1021 IS 

excess of 11 1 ⁄2 percent of the 

2 amount of Federal funds pro3 vided to carry out such program 

4 in the State for a fiscal year. 

5 ‘‘(cc) SPECIAL RULE.—Not6 withstanding items (aa) and (bb), 

7 an agreement, including a local 

8 memorandum of understanding, 

9 entered into prior to the date of 

10 enactment of the Workforce In11 vestment Act Amendments of 

12 2005 by an entity regarding con13 tributions under this title that 

14 permits the percentages described 

15 in such items to be exceeded, 

16 may continue to be in effect until 

17 terminated by the parties. 

18 ‘‘(dd) VOCATIONAL REHA19 BILITATION.—Notwithstanding 

20 items (aa) and (bb), an entity ad21 ministering a program under title 

22 I of the Rehabilitation Act of 

23 1973 (29 U.S.C. 720 et seq.) 

24 shall not be required to provide, 
64 

•S 1021 IS 

1 for the purposes of this para2 graph, an amount in excess of— 

3 ‘‘(AA) 0.75 percent of 

4 the amount provided for 

5 such program in the State 

6 for the second program year 

7 that begins after the date of 

8 enactment of the Workforce 

9 Investment Act Amendments 

10 of 2005; 

11 ‘‘(BB) 1.0 percent of 

12 the amount provided for 

13 such program in the State 

14 for the third program year 

15 that begins after such date; 

16 ‘‘(CC) 1.25 percent of 

17 the amount provided for 

18 such program in the State 

19 for the fourth program year 

20 that begins after such date; 

21 and 

22 ‘‘(DD) 1.5 percent of 

23 the amount provided for 

24 such program in the State 

25 for the fifth and each suc-
65 

•S 1021 IS 

1 ceeding program year that 

2 begins after such date. 

3 ‘‘(III) FEDERAL DIRECT SPEND4 ING PROGRAMS.—An entity admin5 istering a program funded with direct 

6 spending as defined in section 

7 250(c)(8) of the Balanced Budget and 

8 Emergency Deficit Control Act of 

9 1985 (2 U.S.C. 900(c)(8)) shall not 

10 be required to provide, for purposes of 

11 this paragraph, an amount in excess 

12 of the amount determined to be equiv13 alent to the cost of the proportionate 

14 use of the one-stop centers for such 

15 program in the State. 

16 ‘‘(IV) NATIVE AMERICAN PRO17 GRAMS.—Native American programs 

18 established under section 166 shall 

19 not be subject to the provisions of this 

20 subsection or subsection (i). The 

21 method for determining the appro22 priate portion of funds to be provided 

23 by such Native American programs to 

24 pay for the costs of infrastructure of 

25 a one-stop center shall be determined 
66 

•S 1021 IS 

1 as part of the development of the 

2 memorandum of understanding under 

3 subsection (c) for the one-stop center 

4 and shall be stated in the memo5 randum. 

6 ‘‘(B) ALLOCATION BY GOVERNOR.—From 

7 the funds provided under subparagraph (A), the 

8 Governor shall allocate the funds to local areas 

9 in accordance with the formula established 

10 under subparagraph (C) for the purposes of as11 sisting in paying the costs of infrastructure of 

12 one-stop centers. 

13 ‘‘(C) ALLOCATION FORMULA.—The State 

14 board shall develop a formula to be used by the 

15 Governor to allocate the funds provided under 

16 subparagraph (A) to local areas not funding in17 frastructure costs under the option described in 

18 paragraph (1)(A)(i)(I). The formula shall be 

19 based on factors including the number of one20 stop centers in a local area, the population 

21 served by such centers, the services provided by 

22 such centers, and other factors relating to the 

23 performance of such centers that the State 

24 board determines are appropriate. 
67 

•S 1021 IS 

1 ‘‘(D) COSTS OF INFRASTRUCTURE.—In 

2 this subsection, the term ‘costs of infrastruc3 ture’, used with respect to a one-stop center, 

4 means the nonpersonnel costs that are nec5 essary for the general operation of the one-stop 

6 center, including the rental costs of the facili7 ties, the costs of utilities and maintenance, 

8 equipment (including assessment-related prod9 ucts and adaptive technology for individuals 

10 with disabilities), and technology to facilitate 

11 remote access to the one-stop center’s strategic 

12 planning activities, and common outreach ac13 tivities. 

14 ‘‘(i) OTHER FUNDS.— 

15 ‘‘(1) IN GENERAL.—Subject to the memo16 randum of understanding described in subsection (c) 

17 for the one-stop delivery system involved, in addition 

18 to the funds provided to carry out subsection (h), a 

19 portion of funds made available under Federal law 

20 authorizing the programs described in subsection (b) 

21 and administered by one-stop partners, or the 

22 noncash resources available under such programs, 

23 shall be used to pay the additional costs relating to 

24 the operation of the one-stop delivery system that 

25 are not paid from the funds provided under sub-
68 

•S 1021 IS 

1 section (h), as determined in accordance with para2 graph (2), to the extent not inconsistent with the 

3 Federal law involved. Such costs shall include the 

4 costs of the provision of core services described in 

5 section 134(d)(2) applicable to each program and 

6 may include common costs that are not paid from 

7 the funds provided under subsection (h). 

8 ‘‘(2) DETERMINATION AND GUIDANCE.—The 

9 method for determining the appropriate portion of 

10 funds and noncash resources to be provided by each 

11 program under paragraph (1) for a one-stop center 

12 shall be determined as part of the development of 

13 the memorandum of understanding under subsection 

14 (c) for the one-stop center and shall be stated in the 

15 memorandum. The State board shall provide guid16 ance to facilitate the determination of an appro17 priate allocation of the funds and noncash resources 

18 in local areas.’’. 

19 SEC. 118. ELIGIBLE PROVIDERS OF TRAINING SERVICES. 

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

21 follows: 

22 ‘‘SEC. 122. IDENTIFICATION OF ELIGIBLE PROVIDERS OF 

23 TRAINING SERVICES. 

24 ‘‘(a) ELIGIBILITY.— 
69 

•S 1021 IS 

1 ‘‘(1) IN GENERAL.—The Governor, after con2 sultation with the State board, shall establish cri3 teria and procedures regarding the eligibility of pro4 viders of training services described in section 

5 134(d)(4) (referred to in this section as ‘training 

6 services’) to receive funds provided under section 

7 133(b) for the provision of training services. 

8 ‘‘(2) PROVIDERS.—Subject to the provisions of 

9 this section, to be eligible to receive the funds pro10 vided under section 133(b) for the provision of train11 ing services, the provider shall be— 

12 ‘‘(A) a postsecondary educational institu13 tion that— 

14 ‘‘(i) is eligible to receive Federal funds 

15 under title IV of the Higher Education Act 

16 of 1965 (20 U.S.C. 1070 et seq.); and 

17 ‘‘(ii) provides a program that leads to 

18 an associate degree, baccalaureate degree, 

19 or industry-recognized certification; 

20 ‘‘(B) an entity that carries out programs 

21 under the Act of August 16, 1937 (commonly 

22 known as the ‘National Apprenticeship Act’; 50 

23 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); 

24 or 
70 

•S 1021 IS 

1 ‘‘(C) another public or private provider of 

2 a program of training services. 

3 ‘‘(3) INCLUSION IN LIST OF ELIGIBLE PRO4 VIDERS.—A provider described in subparagraph (A) 

5 or (C) of paragraph (2) shall comply with the cri6 teria and procedures established under this section 

7 to be included on the list of eligible providers of 

8 training services described in subsection (d)(1). A 

9 provider described in paragraph (2)(B) shall be in10 cluded on the list of eligible providers of training 

11 services described in subsection (d)(1) for so long as 

12 the provider remains certified by the Department of 

13 Labor to carry out the programs described in para14 graph (2)(B). 

15 ‘‘(b) CRITERIA.— 

16 ‘‘(1) IN GENERAL.—The criteria established by 

17 the Governor pursuant to subsection (a) shall take 

18 into account— 

19 ‘‘(A) the performance of providers of train20 ing services with respect to the performance 

21 measures and other matters for which informa22 tion is required under paragraph (2) and other 

23 appropriate measures of performance outcomes 

24 for those participants receiving training services 

25 under this subtitle (taking into consideration 
71 

•S 1021 IS 

1 the characteristics of the population served and 

2 relevant economic conditions); 

3 ‘‘(B) the need to ensure access to training 

4 services throughout the State, including any 

5 rural areas; 

6 ‘‘(C) the information such providers are re7 quired to report to State agencies with respect 

8 to Federal and State programs (other than the 

9 program carried out under this subtitle), includ10 ing one-stop partner programs; 

11 ‘‘(D) the requirements for State licensing 

12 of providers of training services, and the licens13 ing status of each provider of training services 

14 if applicable; 

15 ‘‘(E) to the extent practicable, encouraging 

16 the use of industry-recognized standards and 

17 certification; 

18 ‘‘(F) the ability of the providers to offer 

19 programs that lead to a degree or an industry20 recognized certification; 

21 ‘‘(G) the ability to provide training services 

22 to hard-to-serve populations, including individ23 uals with disabilities; and 

24 ‘‘(H) such other factors as the Governor 

25 determines are appropriate to ensure— 
72 

•S 1021 IS 

1 ‘‘(i) the quality of services provided; 

2 ‘‘(ii) the accountability of the pro3 viders; 

4 ‘‘(iii) that the one-stop centers in the 

5 State will ensure that such providers meet 

6 the needs of local employers and partici7 pants; 

8 ‘‘(iv) the informed choice of partici9 pants under chapter 5; and 

10 ‘‘(v) that the collection of information 

11 required is not unduly burdensome or cost12 ly to providers. 

13 ‘‘(2) INFORMATION.—The criteria established 

14 by the Governor shall require that a provider of 

15 training services submit appropriate, accurate, and 

16 timely information to the State for purposes of car17 rying out subsection (d), with respect to participants 

18 receiving training services under this subtitle in the 

19 applicable program, including— 

20 ‘‘(A) information on degrees and industry21 recognized certifications received by such par22 ticipants; 

23 ‘‘(B) information on costs of attendance 

24 for such participants; 
73 

•S 1021 IS 

1 ‘‘(C) information on the program comple2 tion rate for such participants; and 

3 ‘‘(D) information on the performance of 

4 the provider with respect to the performance 

5 measures described in section 136 for such par6 ticipants (taking into consideration the charac7 teristics of the population served and relevant 

8 economic conditions), which may include infor9 mation specifying the percentage of such par10 ticipants who entered unsubsidized employment 

11 in an occupation related to the program. 

12 ‘‘(3) RENEWAL.—The criteria established by 

13 the Governor shall also provide for biennial review 

14 and renewal of eligibility under this section for pro15 viders of training services. 

16 ‘‘(4) LOCAL CRITERIA.—A local board in the 

17 State may establish criteria in addition to the cri18 teria established by the Governor, or may require 

19 higher levels of performance than required under the 

20 criteria established by the Governor, for purposes of 

21 determining the eligibility of providers of training 

22 services to receive funds described in subsection (a) 

23 to provide the services in the local area involved. 

24 ‘‘(5) INFORMATION TO ESTABLISH INITIAL ELI25 GIBILITY.— 
74 

•S 1021 IS 

1 ‘‘(A) IN GENERAL.—In an effort to provide 

2 the highest-quality training services and respon3 siveness to new and emerging industries, pro4 viders may seek initial eligibility under this sec5 tion as providers of training services. The cri6 teria established by the Governor shall require 

7 that a provider who has not previously been an 

8 eligible provider of training services under this 

9 section provide the information described in 

10 subparagraph (B). 

11 ‘‘(B) INFORMATION.—The provider shall 

12 provide verifiable program-specific performance 

13 information supporting the provider’s ability to 

14 serve participants under this subtitle. The in15 formation provided under this subparagraph 

16 may include information on outcome measures 

17 such as job placement and wage increases for 

18 individuals participating in the program, infor19 mation on business partnerships and other fac20 tors that indicate high-quality training services, 

21 and information on alignment with industries 

22 targeted for potential employment opportuni23 ties. 

24 ‘‘(C) PROVISION.—The provider shall pro25 vide the information described in subparagraph 
75 

•S 1021 IS 

1 (B) to the Governor and the local boards in a 

2 manner that will permit the Governor and the 

3 local boards to make a decision on inclusion of 

4 the provider on the list of eligible providers de5 scribed in subsection (d). 

6 ‘‘(c) PROCEDURES.—The procedures established 

7 under subsection (a) shall identify the application process 

8 for a provider of training services to become eligible to 

9 receive funds provided under section 133(b) for the provi10 sion of training services, and identify the respective roles 

11 of the State and local areas in receiving and reviewing the 

12 applications and in making determinations of such eligi13 bility based on the criteria established under this section. 

14 The procedures shall also establish a process for a pro15 vider of training services to appeal a denial or termination 

16 of eligibility under this section, that includes an oppor17 tunity for a hearing and prescribes appropriate time limits 

18 to ensure prompt resolution of the appeal. 

19 ‘‘(d) INFORMATION TO ASSIST PARTICIPANTS IN

20 CHOOSING PROVIDERS.—In order to facilitate and assist 

21 participants in choosing employment and training activi22 ties under chapter 5 and in choosing providers of training 

23 services, the Governor shall ensure that an appropriate list 

24 of providers determined to be eligible under this section 

25 in the State, accompanied by appropriate information, is 
76 

•S 1021 IS 

1 provided to the one-stop delivery system in the State. The 

2 accompanying information shall consist of information 

3 provided by providers described in subparagraphs (A) and 

4 (C) of subsection (a)(2) in accordance with subsection (b) 

5 (including information on receipt of degrees and industry6 recognized certifications, and costs of attendance, for par7 ticipants receiving training services under this subtitle in 

8 applicable programs) and such other information as the 

9 Secretary determines is appropriate. The list and the ac10 companying information shall be made available to such 

11 participants and to members of the public through the 

12 one-stop delivery system in the State. 

13 ‘‘(e) ENFORCEMENT.— 

14 ‘‘(1) IN GENERAL.—The criteria and proce15 dures established under this section shall provide the 

16 following: 

17 ‘‘(A) INTENTIONALLY SUPPLYING INAC18 CURATE INFORMATION.—Upon a determination, 

19 by an individual or entity specified in the cri20 teria or procedures, that a provider of training 

21 services, or individual providing information on 

22 behalf of the provider, intentionally supplied in23 accurate information under this section, the eli24 gibility of such provider to receive funds under 
77 

•S 1021 IS 

1 chapter 5 shall be terminated for a period of 

2 time that is not less than 2 years. 

3 ‘‘(B) SUBSTANTIAL VIOLATIONS.—Upon a 

4 determination, by an individual or entity speci5 fied in the criteria or procedures, that a pro6 vider of training services substantially violated 

7 any requirement under this title, the eligibility 

8 of such provider to receive funds under the pro9 gram involved may be terminated, or other ap10 propriate action may be taken. 

11 ‘‘(C) REPAYMENT.—A provider of training 

12 services whose eligibility is terminated under 

13 subparagraph (A) or (B) shall be liable for the 

14 repayment of funds received under chapter 5 

15 during a period of noncompliance described in 

16 such subparagraph. 

17 ‘‘(2) CONSTRUCTION.—Paragraph (1) shall be 

18 construed to provide remedies and penalties that 

19 supplement, but do not supplant, other civil and 

20 criminal remedies and penalties. 

21 ‘‘(f) AGREEMENTS WITH OTHER STATES.—States 

22 may enter into agreements, on a reciprocal basis, to per23 mit eligible providers of training services to accept career 

24 scholarship accounts provided in another State. 
78 

•S 1021 IS 

1 ‘‘(g) OPPORTUNITY TO SUBMIT COMMENTS.—In es2 tablishing criteria, procedures, requirements for informa3 tion, and the list of eligible providers described in sub4 section (d)(1), the Governor shall provide an opportunity 

5 for interested members of the public to make rec6 ommendations and submit comments regarding such cri7 teria, procedures, requirements for information, and list. 

8 ‘‘(h) TRANSITION PERIOD FOR IMPLEMENTATION.— 

9 The requirements of this section shall be implemented not 

10 later than December 31, 2006. In order to facilitate early 

11 implementation of this section, the Governor may establish 

12 transition procedures under which providers eligible to 

13 provide training services under chapter 5 as such chapter 

14 was in effect on the day before the date of enactment of 

15 the Workforce Investment Act Amendments of 2005 may 

16 continue to be eligible to provide such services until De17 cember 31, 2006, or until such earlier date as the Gov18 ernor determines to be appropriate. 

19 ‘‘(i) ON-THE-JOB TRAINING, CUSTOMIZED TRAIN20 ING, OR INCUMBENT WORKER TRAINING EXCEPTION.— 

21 ‘‘(1) IN GENERAL.—Providers of on-the-job 

22 training, customized training, or incumbent worker 

23 training shall not be subject to the requirements of 

24 subsections (a) through (h). 
79 

•S 1021 IS 

1 ‘‘(2) COLLECTION AND DISSEMINATION OF IN2 FORMATION.—A one-stop operator in a local area 

3 shall collect such performance information from pro4 viders of on-the-job training, customized training, 

5 and incumbent worker training as the Governor may 

6 require, determine whether the providers meet such 

7 performance criteria as the Governor may require, 

8 and disseminate information identifying providers 

9 that meet the criteria as eligible providers, and the 

10 performance information, through the one-stop deliv11 ery system. Providers determined to meet the cri12 teria shall be considered to be identified as eligible 

13 providers of training services.’’. 

14 SEC. 119. ELIGIBLE PROVIDERS OF YOUTH ACTIVITIES. 

15 Section 123 (29 U.S.C. 2843) is amended to read as 

16 follows: 

17 ‘‘SEC. 123. ELIGIBLE PROVIDERS OF YOUTH ACTIVITIES. 

18 ‘‘(a) IN GENERAL.—From the funds allocated under 

19 section 128(b) to a local area, the local board for such 

20 area shall award grants or contracts on a competitive basis 

21 to providers of youth activities identified based on the cri22 teria in the State plan described in section 112 and shall 

23 conduct oversight with respect to such providers. 

24 ‘‘(b) EXCEPTIONS.—A local board may award grants 

25 or contracts on a sole-source basis if such board deter-
80 

•S 1021 IS 

1 mines there is an insufficient number of eligible providers 

2 of youth activities in the local area involved (such as a 

3 rural area) for grants and contracts to be awarded on a 

4 competitive basis under subsection (a).’’. 

5 SEC. 120. YOUTH ACTIVITIES. 

6 (a) STATE ALLOTMENTS.—Section 127 (29 U.S.C. 

7 2852) is amended— 

8 (1) in subsection (a)(1), by striking ‘‘oppor9 tunity’’ and inserting ‘‘challenge’’; and 

10 (2) by striking subsection (b) and inserting the 

11 following: 

12 ‘‘(b) ALLOTMENT AMONG STATES.— 

13 ‘‘(1) YOUTH ACTIVITIES.— 

14 ‘‘(A) YOUTH CHALLENGE GRANTS AND

15 YOUTH ACTIVITIES FOR FARMWORKERS AND

16 NATIVE AMERICANS.— 

17 ‘‘(i) IN GENERAL.—For each fiscal 

18 year in which the amount appropriated 

19 under section 137(a) exceeds 

20 $1,000,000,000, the Secretary shall re21 serve a portion of the amount to provide 

22 youth activities under section 167 (relating 

23 to migrant and seasonal farmworker pro24 grams) and provide youth challenge grants 
81 

•S 1021 IS 

1 and other activities under section 169 (re2 lating to youth challenge grants). 

3 ‘‘(ii) PORTION.—The portion referred 

4 to in clause (i) shall equal, for a fiscal 

5 year— 

6 ‘‘(I) except as provided in sub7 clause (II), the difference obtained by 

8 subtracting $1,000,000,000 from the 

9 amount appropriated under section 

10 137(a) for the fiscal year; or 

11 ‘‘(II) for any fiscal year in which 

12 the amount is $1,250,000,000 or 

13 greater, $250,000,000. 

14 ‘‘(iii) YOUTH ACTIVITIES FOR FARM15 WORKERS.—For a fiscal year described in 

16 clause (i), the Secretary shall reserve the 

17 greater of $10,000,000 or 4 percent of the 

18 portion described in clause (i) for a fiscal 

19 year to provide youth activities under sec20 tion 167. For a fiscal year not described in 

21 clause (i), the Secretary shall reserve 

22 $10,000,000 of the amount appropriated 

23 under section 137(a) to provide youth ac24 tivities under section 167. 
82 

•S 1021 IS 

1 ‘‘(iv) YOUTH ACTIVITIES FOR NATIVE

2 AMERICANS.—From the amount appro3 priated under section 137(a) for each fiscal 

4 year that is not reserved under clause (i) 

5 or (iii), the Secretary shall reserve not 

more than 11 6 ⁄2 percent of such appro7 priated amount to provide youth activities 

8 under section 166 (relating to Native 

9 Americans). 

10 ‘‘(B) OUTLYING AREAS.— 

11 ‘‘(i) IN GENERAL.—From the amount 

12 appropriated under section 137(a) for each 

13 fiscal year that is not reserved under sub14 paragraph (A), the Secretary shall reserve 

not more than 1 15 ⁄4 of 1 percent of the ap16 propriated amount to provide assistance to 

17 the outlying areas to carry out youth ac18 tivities and statewide workforce investment 

19 activities. 

20 ‘‘(ii) LIMITATION FOR FREELY ASSO21 CIATED STATES.— 

22 ‘‘(I) COMPETITIVE GRANTS.— 

23 The Secretary shall use funds de24 scribed in clause (i) to award grants 

25 to Guam, American Samoa, the Com-
83 

•S 1021 IS 

1 monwealth of the Northern Mariana 

2 Islands, and the Freely Associated 

3 States to carry out youth activities 

4 and statewide workforce investment 

5 activities. 

6 ‘‘(II) AWARD BASIS.—The Sec7 retary shall award grants pursuant to 

8 subclause (I) on a competitive basis 

9 and pursuant to the recommendations 

10 of experts in the field of employment 

11 and training, working through the Pa12 cific Region Educational Laboratory 

13 in Honolulu, Hawaii. 

14 ‘‘(III) ASSISTANCE REQUIRE15 MENTS.—Any Freely Associated State 

16 that desires to receive assistance 

17 under this subparagraph shall submit 

18 an application to the Secretary and 

19 shall include in the application for as20 sistance— 

21 ‘‘(aa) information dem22 onstrating that the Freely Asso23 ciated State will meet all condi24 tions that apply to States under 

25 this title; 
84 

•S 1021 IS 

1 ‘‘(bb) an assurance that, 

2 notwithstanding any other provi3 sion of this title, the Freely Asso4 ciated State will use such assist5 ance only for the direct provision 

6 of services; and 

7 ‘‘(cc) such other information 

8 and assurances as the Secretary 

9 may require. 

10 ‘‘(IV) ADMINISTRATIVE COSTS.— 

11 The Secretary may provide not more 

12 than 5 percent of the funds made 

13 available for grants under subclause 

14 (I) to pay the administrative costs of 

15 the Pacific Region Educational Lab16 oratory in Honolulu, Hawaii, regard17 ing activities assisted under this 

18 clause. 

19 ‘‘(iii) ADDITIONAL REQUIREMENT.— 

20 The provisions of Public Law 95–134, per21 mitting the consolidation of grants by the 

22 outlying areas, shall not apply to assist23 ance provided to those areas, including the 

24 Freely Associated States, under this sub25 paragraph. 
85 

•S 1021 IS 

1 ‘‘(C) STATES.— 

2 ‘‘(i) IN GENERAL.—From the remain3 der of the amount appropriated under sec4 tion 137(a) for a fiscal year that exists 

5 after the Secretary determines the 

6 amounts to be reserved under subpara7 graphs (A) and (B), the Secretary shall 

8 allot to the States— 

9 ‘‘(I) an amount of the remainder 

10 that is less than or equal to the total 

11 amount that was allotted to States for 

12 fiscal year 2005 under section 

13 127(b)(1)(C) of this Act (as in effect 

14 on the day before the date of enact15 ment of the Workforce Investment Act 

16 Amendments of 2005), in accordance 

17 with the requirements of such section 

18 127(b)(1)(C); and 

19 ‘‘(II) the amount of the remain20 der, if any, in excess of the amount 

21 referred to in subclause (I), in accord22 ance with clause (ii). 

23 ‘‘(ii) FORMULA.—Subject to clauses 

24 (iii) and (iv), of the amount described in 

25 clause (i)(II)— 
86 

•S 1021 IS 

‘‘(I) 331 1 ⁄3 percent shall be allot2 ted on the basis of the relative num3 ber of individuals in the civilian labor 

4 force who are ages 16 through 21 in 

5 each State, compared to the total 

6 number of individuals in the civilian 

7 labor force who are ages 16 through 

8 21 in all States; 

‘‘(II) 331 9 ⁄3 percent shall be allot10 ted on the basis of the relative num11 ber of unemployed individuals in each 

12 State, compared to the total number 

13 of unemployed individuals in all 

14 States; and 

‘‘(III) 331 15 ⁄3 percent shall be allot16 ted on the basis of the relative num17 ber of disadvantaged youth who are 

18 ages 16 through 21 in each State, 

19 compared to the total number of dis20 advantaged youth who are ages 16 

21 through 21 in all States. 

22 ‘‘(iii) MINIMUM AND MAXIMUM PER23 CENTAGES.— 

24 ‘‘(I) MINIMUM PERCENTAGE.— 

25 The Secretary shall ensure that no 
87 

•S 1021 IS 

1 State shall receive an allotment per2 centage under this subparagraph for a 

3 fiscal year that is less than 90 percent 

4 of the allotment percentage of the 

5 State for the preceding fiscal year. 

6 ‘‘(II) MAXIMUM PERCENTAGE.— 

7 Subject to subclause (I), the Secretary 

8 shall ensure that no State shall re9 ceive an allotment percentage under 

10 this subparagraph for a fiscal year 

11 that is more than 130 percent of the 

12 allotment percentage of the State for 

13 the preceding fiscal year. 

14 ‘‘(iv) SMALL STATE MINIMUM ALLOT15 MENT.—Subject to clause (iii), the Sec16 retary shall ensure that no State shall re17 ceive an allotment under this subparagraph 

18 that is less than the total of— 

‘‘(I) 3 19 ⁄10 of 1 percent of 

20 $1,000,000,000 of the remainder de21 scribed in clause (i) for the fiscal 

22 year; and 

23 ‘‘(II) if the remainder described 

24 in clause (i) for the fiscal year exceeds 
88 

•S 1021 IS 

$1,000,000,000, 2 1 ⁄5 of 1 percent of 

2 the excess. 

3 ‘‘(2) DEFINITIONS.—For the purposes of para4 graph (1): 

5 ‘‘(A) ALLOTMENT PERCENTAGE.—The 

6 term ‘allotment percentage’, used with respect 

7 to fiscal year 2006 or a subsequent fiscal year, 

8 means a percentage of the remainder described 

9 in paragraph (1)(C)(i) that is received by the 

10 State involved through an allotment made 

11 under this subsection for the fiscal year. The 

12 term, used with respect to fiscal year 2005, 

13 means the percentage of the amounts allotted 

14 to States under this chapter (as in effect on the 

15 day before the date of enactment of the Work16 force Investment Act Amendments of 2005) 

17 that is received by the State involved for fiscal 

18 year 2005. 

19 ‘‘(B) DISADVANTAGED YOUTH.—Subject to 

20 paragraph (3), the term ‘disadvantaged youth’ 

21 means an individual who is age 16 through 21 

22 who received an income, or is a member of a 

23 family that received a total family income, that, 

24 in relation to family size, does not exceed the 

25 higher of— 
89 

•S 1021 IS 

1 ‘‘(i) the poverty line; or 

2 ‘‘(ii) 70 percent of the lower living 

3 standard income level. 

4 ‘‘(C) FREELY ASSOCIATED STATE.—The 

5 term ‘Freely Associated State’ means the Re6 public of the Marshall Islands, the Federated 

7 States of Micronesia, and the Republic of 

8 Palau. 

9 ‘‘(3) SPECIAL RULE.—For purposes of the for10 mula specified in paragraph (1)(C), the Secretary 

11 shall, as appropriate and to the extent practicable, 

12 exclude college students and members of the Armed 

13 Forces from the determination of the number of dis14 advantaged youth.’’. 

15 (b) REALLOTMENT.— 

16 (1) AMENDMENT.—Section 127(c) (29 U.S.C. 

17 2852(c)) is amended— 

18 (A) by striking paragraph (2) and insert19 ing the following: 

20 ‘‘(2) AMOUNT.—The amount available for real21 lotment for a program year is equal to the amount 

22 by which the unexpended balance at the end of the 

23 program year prior to the program year for which 

24 the determination is made exceeds 30 percent of the 

25 total amount of funds available to the State under 
90 

•S 1021 IS 

1 this section during such prior program year (includ2 ing amounts allotted to the State in all prior pro3 gram years that remained available). For purposes 

4 of this paragraph, the unexpended balance is the 

5 amount that is the difference between— 

6 ‘‘(A) the total amount of funds available to 

7 the State under this section during the program 

8 year prior to the program year for which the 

9 determination is made (including amounts allot10 ted to the State in all prior program years that 

11 remained available); and 

12 ‘‘(B) the accrued expenditures during such 

13 prior program year.’’; 

14 (B) in paragraph (3)— 

15 (i) by striking ‘‘for the prior program 

16 year’’ and inserting ‘‘for the program year 

17 for which the determination is made’’; and 

18 (ii) by striking ‘‘such prior program 

19 year’’ and inserting ‘‘such program year’’; 

20 (C) by striking paragraph (4) and insert21 ing the following: 

22 ‘‘(4) ELIGIBILITY.—For purposes of this sub23 section, an eligible State means a State that does 

24 not have an amount available for reallotment under 
91 

•S 1021 IS 

1 paragraph (2) for the program year for which the 

2 determination under paragraph (2) is made.’’; and 

3 (D) in paragraph (5), by striking ‘‘obliga4 tion’’ and inserting ‘‘accrued expenditure’’. 

5 (2) EFFECTIVE DATE.—The amendment made 

6 by paragraph (1) shall take effect for the program 

7 year that begins after the date of enactment of this 

8 Act. 

9 (c) WITHIN STATE ALLOCATIONS.— 

10 (1) RESERVATION FOR STATEWIDE ACTIVI11 TIES.—Section 128(a) (29 U.S.C. 2853(a)) is 

12 amended to read as follows: 

13 ‘‘(a) RESERVATIONS FOR STATEWIDE ACTIVITIES.— 

14 ‘‘(1) IN GENERAL.—The Governor of a State 

15 shall reserve not more than 15 percent of each of 

16 the amounts allotted to the State under section 

17 127(b)(1)(C) and paragraphs (1)(B) and (2)(B) of 

18 section 132(b) for a fiscal year for statewide work19 force investment activities. 

20 ‘‘(2) USE OF FUNDS.—Regardless of whether 

21 the reserved amounts were allotted under section 

22 127(b)(1)(C), or under paragraph (1)(B) or (2)(B) 

23 of section 132(b), the Governor may use the re24 served amounts to carry out statewide activities 

25 under section 129(b) or statewide employment and 
92 

•S 1021 IS 

1 training activities, for adults or dislocated workers, 

2 under section 134(a).’’. 

3 (2) WITHIN STATE ALLOCATION.—Section 

4 128(b) (29 U.S.C. 2853(b)) is amended to read as 

5 follows: 

6 ‘‘(b) WITHIN STATE ALLOCATIONS.— 

7 ‘‘(1) IN GENERAL.—Of the amount allotted to 

8 the State under section 127(b)(1)(C) and not re9 served under subsection (a)(1)— 

10 ‘‘(A) a portion equal to not less than 80 

11 percent of such amount shall be allocated by 

12 the Governor to local areas in accordance with 

13 paragraph (2); and 

14 ‘‘(B) a portion equal to not more than 20 

15 percent of such amount may be allocated by the 

16 Governor to local areas in accordance with 

17 paragraph (3). 

18 ‘‘(2) ESTABLISHED FORMULA.— 

19 ‘‘(A) IN GENERAL.—Of the portion de20 scribed in paragraph (1)(A), the Governor shall 

21 allocate— 

‘‘(i) 331 22 ⁄3 percent on the basis of the 

23 relative number of individuals in the civil24 ian labor force who are ages 16 through 21 

25 in each local area, compared to the total 
93 

•S 1021 IS 

1 number of individuals in the civilian labor 

2 force who are ages 16 through 21 in all 

3 local areas in the State; 

‘‘(ii) 331 4 ⁄3 percent on the basis of the 

5 relative number of unemployed individuals 

6 in each local area, compared to the total 

7 number of unemployed individuals in all 

8 local areas in the State; and 

‘‘(iii) 331 9 ⁄3 percent on the basis of the 

10 relative number of disadvantaged youth 

11 who are ages 16 through 21 in each local 

12 area, compared to the total number of dis13 advantaged youth who are ages 16 through 

14 21 in all local areas in the State. 

15 ‘‘(B) MINIMUM AND MAXIMUM PERCENT16 AGES.— 

17 ‘‘(i) MINIMUM PERCENTAGE.—The 

18 Governor shall ensure that no local area 

19 shall receive an allocation percentage under 

20 this paragraph for a fiscal year that is less 

21 than 90 percent of the allocation percent22 age of the local area for the preceding fis23 cal year. 

24 ‘‘(ii) MAXIMUM PERCENTAGE.—Sub25 ject to clause (i), the Governor shall ensure 
94 

•S 1021 IS 

1 that no local area shall receive an alloca2 tion percentage under this paragraph for a 

3 fiscal year that is more than 130 percent 

4 of the allocation percentage of the local 

5 area for the preceding fiscal year. 

6 ‘‘(C) DEFINITIONS.—In this paragraph: 

7 ‘‘(i) ALLOCATION PERCENTAGE.—The 

8 term ‘allocation percentage’, used with re9 spect to fiscal year 2006 or a subsequent 

10 fiscal year, means a percentage of the por11 tion described in paragraph (1)(A) that is 

12 received by the local area involved through 

13 an allocation made under this paragraph 

14 for the fiscal year. The term, used with re15 spect to fiscal year 2005, means the per16 centage of the amounts allocated to local 

17 areas under this chapter (as in effect on 

18 the day before the date of enactment of the 

19 Workforce Investment Act Amendments of 

20 2005) that is received by the local area in21 volved for fiscal year 2005. 

22 ‘‘(ii) DISADVANTAGED YOUTH.—The 

23 term ‘disadvantaged youth’ means an indi24 vidual who— 

25 ‘‘(I) is age 16 through 21; 
95 

•S 1021 IS 

1 ‘‘(II) is not a college student or 

2 member of the Armed Forces; and 

3 ‘‘(III) received an income, or is a 

4 member of a family that received a 

5 total family income, that, in relation 

6 to family size, does not exceed the 

7 higher of— 

8 ‘‘(aa) the poverty line; or 

9 ‘‘(bb) 70 percent of the 

10 lower living standard income 

11 level. 

12 ‘‘(3) YOUTH DISCRETIONARY ALLOCATION.— 

13 The Governor may allocate the portion described in 

14 paragraph (1)(B) to local areas where there are a 

15 significant number of eligible youth, after consulta16 tion with the State board and local boards. 

17 ‘‘(4) LOCAL ADMINISTRATIVE COST LIMIT.— 

18 ‘‘(A) IN GENERAL.—Of the amount allo19 cated to a local area under this subsection and 

20 section 133(b) for a fiscal year, not more than 

21 10 percent of the amount may be used by the 

22 local board involved for the administrative costs 

23 of carrying out local workforce investment ac24 tivities under this chapter or chapter 5. 
96 

•S 1021 IS 

1 ‘‘(B) USE OF FUNDS.—Funds made avail2 able for administrative costs under subpara3 graph (A) may be used for the administrative 

4 costs of any of the local workforce investment 

5 activities described in this chapter or chapter 5, 

6 regardless of whether the funds were allocated 

7 under this subsection or section 133(b).’’. 

8 (3) REALLOCATION.— 

9 (A) AMENDMENT.—Section 128(c) (29 

10 U.S.C. 2853(c)) is amended— 

11 (i) in paragraph (1), by striking 

12 ‘‘paragraph (2)(A) or (3) of’’; 

13 (ii) by striking paragraph (2) and in14 serting the following: 

15 ‘‘(2) AMOUNT.—The amount available for re16 allocation for a program year is equal to the amount 

17 by which the unexpended balance at the end of the 

18 program year prior to the program year for which 

19 the determination is made exceeds 30 percent of the 

20 total amount of funds available to the local area 

21 under this section during such prior program year 

22 (including amounts allocated to the local area in all 

23 prior program years that remained available). For 

24 purposes of this paragraph, the unexpended balance 

25 is the amount that is the difference between— 
97 

•S 1021 IS 

1 ‘‘(A) the total amount of funds available to 

2 the local area under this section during the pro3 gram year prior to the program year for which 

4 the determination is made (including amounts 

5 allocated to the local area in all prior program 

6 years that remained available); and 

7 ‘‘(B) the accrued expenditures during such 

8 prior program year.’’; 

9 (iii) by amending paragraph (3)— 

10 (I) by striking ‘‘subsection 

11 (b)(3)’’ each place it appears and in12 serting ‘‘subsection (b)’’; 

13 (II) by striking ‘‘for the prior 

14 program year’’ the first place it ap15 pears and inserting ‘‘for the program 

16 year for which the determination is 

17 made’’; 

18 (III) by striking ‘‘such prior pro19 gram year’’ and inserting ‘‘such pro20 gram year’’; and 

21 (IV) by striking the last sen22 tence; and 

23 (iv) by striking paragraph (4) and in24 serting the following: 
98 

•S 1021 IS 

1 ‘‘(4) ELIGIBILITY.—For purposes of this sub2 section, an eligible local area means a local area that 

3 does not have an amount available for reallocation 

4 under paragraph (2) for the program year for which 

5 the determination under paragraph (2) is made.’’. 

6 (B) EFFECTIVE DATE.—The amendments 

7 made by subparagraph (A) shall take effect for 

8 the later of— 

9 (i) the program year that begins after 

10 the date of enactment of this Act; or 

11 (ii) program year 2006. 

12 (d) YOUTH PARTICIPANT ELIGIBILITY.—Section 

13 129(a) (29 U.S.C. 2854(a)) is amended to read as follows: 

14 ‘‘(a) YOUTH PARTICIPANT ELIGIBILITY.— 

15 ‘‘(1) ELIGIBILITY.— 

16 ‘‘(A) IN GENERAL.—To be eligible to par17 ticipate in activities carried out under this 

18 chapter during any program year an individual 

19 shall, at the time the eligibility determination is 

20 made, be an out-of-school youth or an in-school 

21 youth. 

22 ‘‘(B) OUT-OF-SCHOOL YOUTH.—In this 

23 title the term ‘out-of-school youth’ means an in24 dividual who is— 
99 

•S 1021 IS 

1 ‘‘(i) not younger than age 16 nor 

2 older than age 21; and 

3 ‘‘(ii) one of the following: 

4 ‘‘(I) A school dropout. 

5 ‘‘(II) A youth who is within the 

6 age for compulsory school attendance, 

7 but has not attended school for at 

8 least 1 school year calendar quarter. 

9 ‘‘(III) A recipient of a secondary 

10 school diploma or its equivalent who 

11 is— 

12 ‘‘(aa) deficient in basic 

13 skills, including limited English 

14 proficiency; 

15 ‘‘(bb) a low-income indi16 vidual; and 

17 ‘‘(cc) not attending any 

18 school. 

19 ‘‘(IV) Subject to the juvenile or 

20 adult justice system or ordered by a 

21 court to an alternative school. 

22 ‘‘(V) A low-income individual who 

23 is pregnant or parenting and not at24 tending any school. 
100 

•S 1021 IS 

1 ‘‘(VI) A youth who is not attend2 ing school or a youth attending an al3 ternative school, who is homeless, a 

4 runaway, a foster child, a child eligi5 ble for assistance under section 477 of 

6 the Social Security Act (42 U.S.C. 

7 677), or in an out-of-home placement. 

8 ‘‘(VII) A low-income individual 

9 who is not attending school and re10 quires additional assistance to enter 

11 or complete an educational program 

12 or to secure or hold employment. 

13 ‘‘(C) IN-SCHOOL YOUTH.—In this section 

14 the term ‘in-school youth’ means an individual 

15 who is— 

16 ‘‘(i) not younger than age 14 nor 

17 older than age 21; 

18 ‘‘(ii) a low-income individual; and 

19 ‘‘(iii) one or more of the following: 

20 ‘‘(I) Deficient in basic literacy 

21 skills, including limited English pro22 ficiency. 

23 ‘‘(II) Homeless, a runaway, a 

24 foster child, a child eligible for assist25 ance under section 477 of the Social 
101 

•S 1021 IS 

1 Security Act (42 U.S.C. 677), or in 

2 an out-of-home placement. 

3 ‘‘(III) Pregnant or parenting. 

4 ‘‘(IV) An offender (other than an 

5 individual described in subparagraph 

6 (B)(ii)(IV)). 

7 ‘‘(V) An individual who requires 

8 additional assistance to complete an 

9 educational program or to secure or 

10 hold employment. 

11 ‘‘(2) EXCEPTION.—Not more than 5 percent of 

12 the individuals assisted under this section in each 

13 local area, in the case of individuals for whom low 

14 income is a requirement for eligibility under this sec15 tion, may be individuals who are not low income. 

16 ‘‘(3) LIMITATIONS ON ACTIVITIES FOR IN17 SCHOOL YOUTH.— 

18 ‘‘(A) IN GENERAL.—For any program 

19 year, not more than 60 percent of the funds 

20 available for statewide activities under sub21 section (b), and not more than 60 percent of 

22 funds available to local areas under subsection 

23 (c), may be used to provide activities for in24 school youth meeting the requirements of para25 graph (1)(B). 
102 

•S 1021 IS 

1 ‘‘(B) EXCEPTION.—A State that receives a 

2 minimum allotment under section 127(b)(1) in 

3 accordance with section 127(b)(1)(C)(iv) or 

4 under section 132(b)(1) in accordance with sec5 tion 132(b)(1)(B)(iv)(II) may increase the per6 centage described in subparagraph (A) for a 

7 local area in the State, if— 

8 ‘‘(i) after an analysis of the eligible 

9 youth population in the local area, the 

10 State determines that the local area will be 

11 unable to use at least 40 percent of the 

12 funds available for activities under sub13 section (b) or (c) to serve out-of-school 

14 youth due to a low number of out-of-school 

15 youth; and 

16 ‘‘(ii)(I) the State submits to the Sec17 retary, for the local area, a request includ18 ing a proposed increased percentage for 

19 purposes of subparagraph (A), and the 

20 summary of the eligible youth population 

21 analysis; and 

22 ‘‘(II) the request is approved by the 

23 Secretary. 

24 ‘‘(4) CONSISTENCY WITH COMPULSORY SCHOOL

25 ATTENDANCE LAWS.—In providing assistance under 
103 

•S 1021 IS 

1 this section to an individual who is required to at2 tend school under applicable State compulsory school 

3 attendance laws, the priority in providing such as4 sistance shall be for the individual to attend school 

5 regularly.’’. 

6 (e) STATEWIDE ACTIVITIES.—Section 129(b) (29 

7 U.S.C. 2854(b)) is amended to read as follows: 

8 ‘‘(b) STATEWIDE ACTIVITIES.— 

9 ‘‘(1) IN GENERAL.—Funds reserved by a Gov10 ernor for a State as described in sections 128(a) and 

11 133(a)(1) shall be used, regardless of whether the 

12 funds were allotted to the State under section 

13 127(b)(1)(C) or under paragraph (1)(B) or (2)(B) 

14 of section 132(b) for statewide activities, which may 

15 include— 

16 ‘‘(A) conducting— 

17 ‘‘(i) evaluations under section 136(e) 

18 of activities authorized under this chapter 

19 and chapter 5 in coordination with evalua20 tions carried out by the Secretary under 

21 section 172; 

22 ‘‘(ii) research; and 

23 ‘‘(iii) demonstration projects; 

24 ‘‘(B) providing incentive grants to local 

25 areas for regional cooperation among local 
104 

•S 1021 IS 

1 boards (including local boards in a designated 

2 region as described in section 116(c)), for local 

3 coordination of activities carried out under this 

4 title, and for performance by local areas as de5 scribed in section 136(i)(2); 

6 ‘‘(C) providing technical assistance and ca7 pacity building activities to local areas, one-stop 

8 operators, one-stop partners, and eligible pro9 viders, including the development and training 

10 of staff, the development of exemplary program 

11 activities, the provision of technical assistance 

12 to local areas that fail to meet local perform13 ance measures described in section 136(c), and 

14 the provision of technology to facilitate remote 

15 access to services provided through the one-stop 

16 delivery system in the State; 

17 ‘‘(D) operating a fiscal and management 

18 accountability information system under section 

19 136(f); 

20 ‘‘(E) carrying out monitoring and over21 sight of activities carried out under this chapter 

22 and chapter 5, which may include a review com23 paring the services provided to male and female 

24 youth; 
105 

•S 1021 IS 

1 ‘‘(F) providing additional assistance to 

2 local areas that have high concentrations of eli3 gible youth; 

4 ‘‘(G) supporting the development of alter5 native programs and other activities that en6 hance the choices available to eligible youth and 

7 encourage such youth to reenter secondary edu8 cation, enroll in postsecondary education and 

9 advanced training, and obtain career path em10 ployment; 

11 ‘‘(H) supporting the provision of core serv12 ices described in section 134(d)(2) in the one13 stop delivery system in the State; and 

14 ‘‘(I) supporting financial literacy, includ15 ing— 

16 ‘‘(i) supporting the ability to create 

17 household budgets, initiate savings plans, 

18 and make strategic investment decisions 

19 for education, retirement, home ownership, 

20 wealth building, or other savings goals; 

21 ‘‘(ii) supporting the ability to manage 

22 spending, credit, and debt, including credit 

23 card debt, effectively; 

24 ‘‘(iii) increasing awareness of the 

25 availability and significance of credit re-
106 

•S 1021 IS 

1 ports and credit scores in obtaining credit, 

2 the importance of their accuracy (and how 

3 to correct inaccuracies), their effect on 

4 credit terms, and the effect common finan5 cial decisions may have on credit scores; 

6 ‘‘(iv) supporting the ability to ascer7 tain fair and favorable credit terms; 

8 ‘‘(v) supporting the ability to avoid 

9 abusive, predatory, or deceptive credit of10 fers and financial products; 

11 ‘‘(vi) supporting the ability to under12 stand, evaluate, and compare financial 

13 products, services, and opportunities; 

14 ‘‘(vii) supporting the ability to under15 stand resources that are easily accessible 

16 and affordable, and that inform and edu17 cate an investor as to the investor’s rights 

18 and avenues of recourse when the investor 

19 believes the investor’s rights have been vio20 lated by unprofessional conduct of market 

21 intermediaries; 

22 ‘‘(viii) increasing awareness of the 

23 particular financial needs and financial 

24 transactions (such as the sending of remit25 tances) of consumers who are targeted in 
107 

•S 1021 IS 

1 multilingual financial literacy and edu2 cation programs and improving the devel3 opment and distribution of multilingual fi4 nancial literacy and education materials; 

5 ‘‘(ix) promoting bringing individuals 

6 who lack basic banking services into the fi7 nancial mainstream by opening and main8 taining accounts with financial institutions; 

9 and 

10 ‘‘(x) improving financial literacy and 

11 education through all other related skills, 

12 including personal finance and related eco13 nomic education, with the primary goal of 

14 programs not simply to improve knowl15 edge, but rather to improve consumers’ fi16 nancial choices and outcomes. 

17 ‘‘(2) LIMITATION.—Not more than 5 percent of 

18 the funds allotted to a State under section 

19 127(b)(1)(C) shall be used by the State for adminis20 trative activities carried out under this subsection or 

21 section 134(a). 

22 ‘‘(3) PROHIBITION.—No funds described in this 

23 subsection may be used to develop or implement 

24 education curricula for school systems in the 

25 State.’’. 
108 

•S 1021 IS 

1 (f) LOCAL ELEMENTS AND REQUIREMENTS.— 

2 (1) PROGRAM DESIGN.—Section 129(c)(1) (29 

3 U.S.C. 2854(c)(1)) is amended— 

4 (A) in the matter that precedes subpara5 graph (A), by striking ‘‘paragraph (2)(A) or 

6 (3), as appropriate, of’’; 

7 (B) in subparagraph (B), by inserting ‘‘are 

8 directly linked to 1 or more of the performance 

9 measures relating to this chapter under section 

10 136, and that’’ after ‘‘for each participant 

11 that’’; and 

12 (C) in subparagraph (C)— 

13 (i) by redesignating clauses (i) 

14 through (iv) as clauses (ii) through (v), re15 spectively; 

16 (ii) by inserting before clause (ii) (as 

17 redesignated by clause (i)) the following: 

18 ‘‘(i) activities leading to the attain19 ment of a secondary school diploma or its 

20 equivalent, or another recognized creden21 tial;’’; 

22 (iii) in clause (ii) (as redesignated by 

23 clause (i)), by inserting ‘‘and advanced 

24 training’’ after ‘‘opportunities’’; 
109 

•S 1021 IS 

1 (iv) in clause (iii) (as redesignated by 

2 clause (i))— 

3 (I) by inserting ‘‘instruction 

4 based on State academic content and 

5 student academic achievement stand6 ards established under section 1111 of 

7 the Elementary and Secondary Edu8 cation Act of 1965 (20 U.S.C. 6311)’’ 

9 after ‘‘academic’’; and 

10 (II) by inserting ‘‘that lead to the 

11 attainment of recognized credentials’’ 

12 after ‘‘learning’’; and 

13 (v) by striking clause (v) (as redesig14 nated by clause (i)) and inserting the fol15 lowing: 

16 ‘‘(v) effective connections to all em17 ployers, including small employers, in sec18 tors of the local and regional labor markets 

19 that are experiencing high growth in em20 ployment opportunities.’’. 

21 (2) PROGRAM ELEMENTS.—Section 129(c)(2) 

22 (29 U.S.C. 2854(c)(2)) is amended— 

23 (A) in subparagraph (A), by striking ‘‘sec24 ondary school, including dropout prevention 

25 strategies’’ and inserting ‘‘the requirements for 
110 

•S 1021 IS 

1 a secondary school diploma or its recognized 

2 equivalent (including recognized alternative 

3 standards for individuals with disabilities) or 

4 for another recognized credential, including 

5 dropout prevention strategies’’; 

6 (B) in subparagraph (B), by inserting ‘‘, 

7 with a priority on exposing youth to technology 

8 and nontraditional jobs’’ before the semicolon; 

9 (C) in subparagraph (F), by striking ‘‘dur10 ing nonschool hours’’; 

11 (D) in subparagraph (I), by striking ‘‘and’’ 

12 at the end; 

13 (E) in subparagraph (J), by striking the 

14 period at the end and inserting a semicolon; 

15 and 

16 (F) by adding at the end the following: 

17 ‘‘(K) on-the-job training opportunities; 

18 ‘‘(L) opportunities to acquire financial lit19 eracy skills; 

20 ‘‘(M) entrepreneurial skills training and 

21 microenterprise services; and 

22 ‘‘(N) information about average wages for 

23 a range of jobs available in the local area, in24 cluding technology jobs.’’. 
111 

•S 1021 IS 

1 (3) ADDITIONAL REQUIREMENTS.—Section 

2 129(c)(3)(A) (29 U.S.C. 2854(c)(3)(A)) is amended 

3 in the matter preceding clause (i) by striking ‘‘or ap4 plicant who meets the minimum income criteria to 

5 be considered an eligible youth’’. 

6 (4) PRIORITY AND EXCEPTIONS.—Section 

7 129(c) (29 U.S.C. 2854(c)) is amended by striking 

8 paragraphs (4) and (5). 

9 (5) PROHIBITIONS AND LINKAGES.—Section 

10 129(c) (29 U.S.C. 2854(c)), as amended by para11 graph (4), is further amended— 

12 (A) by redesignating paragraphs (6), (7), 

13 and (8) as paragraphs (4), (5), and (6), respec14 tively; 

15 (B) in paragraph (4) (as redesignated by 

16 subparagraph (A))— 

17 (i) by striking subparagraph (B); and 

18 (ii) by redesignating subparagraph 

19 (C) as subparagraph (B); and 

20 (C) in paragraph (5) (as redesignated by 

21 subparagraph (A)), by striking ‘‘youth councils’’ 

22 and inserting ‘‘local boards’’. 

23 SEC. 121. ADULT AND DISLOCATED WORKER EMPLOYMENT 

24 AND TRAINING ACTIVITIES. 

25 (a) STATE ALLOTMENTS.— 
112 

•S 1021 IS 

1 (1) RESERVATIONS.—Section 132(a)(2)(A) (29 

2 U.S.C. 2862 (a)(2)(A)) is amended by striking ‘‘na3 tional emergency grants, other than under sub4 section (a)(4), (f), and (g)’’ and inserting ‘‘national 

5 dislocated worker grants, other than under para6 graph (4) or (5) of subsection (a), subsection (e), 

7 and subsection (f)’’. 

8 (2) ALLOTMENT AMONG STATES.—Section 

9 132(b) (29 U.S.C. 2862(b)) is amended— 

10 (A) in paragraph (1)(A)(ii), by striking 

11 ‘‘section 127(b)(1)(B),’’ and all that follows and 

12 inserting ‘‘section 127(b)(1)(B).’’; 

13 (B) by striking paragraph (1)(B)(ii) and 

14 inserting the following: 

15 ‘‘(ii) FORMULA.—Subject to clauses 

16 (iii) and (iv), of the remainder— 

17 ‘‘(I) 40 percent shall be allotted 

18 on the basis of the relative number of 

19 unemployed individuals in areas of 

20 substantial unemployment in each 

21 State, compared to the total number 

22 of unemployed individuals in areas of 

23 substantial unemployment in all 

24 States; 
113 

•S 1021 IS 

1 ‘‘(II) 25 percent shall be allotted 

2 on the basis of the relative number of 

3 individuals in the civilian labor force 

4 in each State, compared to the total 

5 number of such individuals in all 

6 States; and 

7 ‘‘(III) 35 percent shall be allotted 

8 on the basis of the relative number of 

9 disadvantaged adults in each State, 

10 compared to the total number of dis11 advantaged adults in all States, except 

12 as described in clause (iii).’’; 

13 (C) in paragraph (1)(B)— 

14 (i) in clause (iii), by striking ‘‘section 

15 116(a)(2)(B)’’ and inserting ‘‘section 

16 116(a)(2)(A)(iii)’’; 

17 (ii) in clause (iv)— 

18 (I) in subclause (I)— 

19 (aa) by striking ‘‘Subject to 

20 subclause (IV), the’’ and insert21 ing ‘‘The’’; and 

22 (bb) by striking ‘‘than the 

23 greater of’’ and all that follows 

24 and inserting ‘‘than an amount 

25 based on 90 percent of the allot-
114 

•S 1021 IS 

1 ment percentage of the State for 

2 the preceding fiscal year.’’; 

3 (II) in subclause (II), by striking 

4 ‘‘subclauses (I), (III), and (IV)’’ and 

5 inserting ‘‘subclauses (I) and (III)’’; 

6 and 

7 (III) by striking subclause (IV); 

8 and 

9 (iii) in clause (v), by striking sub10 clause (VI); and 

11 (D) in paragraph (2)(A)(ii), by striking 

12 ‘‘section 127(b)(1)(B)’’ and all that follows and 

13 inserting ‘‘section 127(b)(1)(B).’’. 

14 (3) REALLOTMENT.—Section 132(c) (29 U.S.C. 

15 2862(c)) is amended— 

16 (A) by striking paragraph (2) and insert17 ing the following: 

18 ‘‘(2) AMOUNT.—The amount available for real19 lotment for a program year for programs funded 

20 under subsection (b)(1)(B) (relating to adult em21 ployment and training) and subsection (b)(2)(B) (re22 lating to dislocated worker employment and train23 ing), respectively, is equal to the amount by which 

24 the unexpended balance at the end of the program 

25 year prior to the program year for which the deter-
115 

•S 1021 IS 

1 mination is made exceeds 30 percent of the total 

2 amount of funds available to the State under sub3 section (b)(1)(B) or (b)(2)(B), respectively, during 

4 such prior program year (including amounts allotted 

5 to the State in all prior program years under such 

6 provisions that remained available). For purposes of 

7 this paragraph, the unexpended balance is the 

8 amount that is the difference between— 

9 ‘‘(A) the total amount of funds available to 

10 the State under subsection (b)(1)(B) or 

11 (b)(2)(B), respectively, during the program year 

12 prior to the program year for which the deter13 mination is made (including amounts allotted to 

14 the State in all prior program years under such 

15 provisions that remained available); and 

16 ‘‘(B) the accrued expenditures from such 

17 total amount of funds available under sub18 section (b)(1)(B) or (b)(2)(B), respectively, 

19 during such prior program year.’’; 

20 (B) in paragraph (3)— 

21 (i) by striking ‘‘under this section for 

22 such activities for the prior program year’’ 

23 and inserting ‘‘under subsection (b)(1)(B) 

24 or (b)(2)(B), as appropriate, for the pro-
116 

•S 1021 IS 

1 gram year for which the determination is 

2 made’’; and 

3 (ii) by striking ‘‘under this section for 

4 such activities for such prior program 

5 year’’ and inserting ‘‘under subsection 

6 (b)(1)(B) or (b)(2)(B), as appropriate, for 

7 such program year’’; 

8 (C) by striking paragraph (4) and insert9 ing the following: 

10 ‘‘(4) ELIGIBILITY.—For purposes of this sub11 section, an eligible State means— 

12 ‘‘(A) with respect to funds allotted under 

13 subsection (b)(1)(B), a State that does not have 

14 an amount of such funds available for reallot15 ment under paragraph (2) for the program year 

16 for which the determination under paragraph 

17 (2) is made; and 

18 ‘‘(B) with respect to funds allotted under 

19 subsection (b)(2)(B), a State that does not have 

20 an amount of such funds available for reallot21 ment under paragraph (2) for the program year 

22 for which the determination under paragraph 

23 (2) is made.’’; and 

24 (D) in paragraph (5), by striking ‘‘obliga25 tion’’ and inserting ‘‘accrued expenditure’’. 
117 

•S 1021 IS 

1 (4) EFFECTIVE DATE.—The amendments made 

2 by paragraph (3) shall take effect for the later of— 

3 (A) the program year that begins after the 

4 date of enactment of this Act; or 

5 (B) program year 2006. 

6 (b) WITHIN STATE ALLOCATIONS.— 

7 (1) ALLOCATION.—Section 133(b)(2)(A)(i) (29 

8 U.S.C. 2863(b)(2)(A)(i)) is amended— 

(A) in subclause (I), by striking ‘‘331 9 ⁄3

10 percent’’ and inserting ‘‘40 percent’’; 

(B) in subclause (II), by striking ‘‘331 11 ⁄3

12 percent’’ and inserting ‘‘25 percent’’; and 

(C) in subclause (III), by striking ‘‘331 13 ⁄3

14 percent’’ and inserting ‘‘35 percent’’. 

15 (2) TRANSFER AUTHORITY.—Section 133(b)(4) 

16 (29 U.S.C. 2863(b)(4)) is amended by striking ‘‘20 

17 percent’’ each place it appears and inserting ‘‘45 

18 percent’’. 

19 (3) REQUIREMENTS.—Clauses (i) and (ii) of 

20 section 133(b)(5)(B) (29 U.S.C. 2863(b)(5)(B)) are 

21 amended by striking ‘‘section 134(c)’’ and inserting 

22 ‘‘section 121(e)’’. 

23 (4) REALLOCATION.—Section 133(c) (29 

24 U.S.C. 2863(c)) is amended— 
118 

•S 1021 IS 

1 (A) in paragraph (1), by inserting ‘‘, and 

2 under subsection (b)(2)(B) for dislocated work3 er employment and training activities,’’ after 

4 ‘‘activities’’; 

5 (B) by striking paragraph (2) and insert6 ing the following: 

7 ‘‘(2) AMOUNT.—The amount available for re8 allocation for a program year for programs funded 

9 under paragraphs (2)(A) and (3) of subsection (b) 

10 (relating to adult employment and training) and 

11 subsection (b)(2)(B) (relating to dislocated worker 

12 employment and training), respectively, is equal to 

13 the amount by which the unexpended balance at the 

14 end of the program year prior to the program year 

15 for which the determination is made exceeds 30 per16 cent of the total amount of funds available to the 

17 local area under paragraphs (2)(A) and (3) of sub18 section (b), or subsection (b)(2)(B), respectively, 

19 during such prior program year (including amounts 

20 allocated to the local area in all prior program years 

21 under such provisions that remained available). For 

22 purposes of this paragraph, the unexpended balance 

23 is the amount that is the difference between— 

24 ‘‘(A) the total amount of funds available to 

25 the local area under paragraphs (2)(A) and (3) 
119 

•S 1021 IS 

1 of subsection (b), or subsection (b)(2)(B), re2 spectively, during the program year prior to the 

3 program year for which the determination is 

4 made (including amounts allotted to the local 

5 area in all prior program years under such pro6 visions that remained available); and 

7 ‘‘(B) the accrued expenditures from such 

8 total amount of funds available under para9 graphs (2)(A) and (3) of subsection (b), or sub10 section (b)(2)(B), respectively, during such 

11 prior program year.’’; 

12 (C) by striking paragraph (3) and insert13 ing the following: 

14 ‘‘(3) REALLOCATION.—In making reallocations 

15 to eligible local areas of amounts available pursuant 

16 to paragraph (2) for a program year, the Governor 

17 shall allocate to each eligible local area within the 

18 State— 

19 ‘‘(A) with respect to amounts that are 

20 available for reallocation under paragraph (2) 

21 that were allocated under paragraphs (2)(A) or 

22 (3) of subsection (b), an amount based on the 

23 relative amount allocated to such local area 

24 under paragraphs (2)(A) or (3) of subsection 

25 (b), as appropriate, for the program year for 
120 

•S 1021 IS 

1 which the determination is made, as compared 

2 to the total amount allocated to all eligible local 

3 areas under paragraphs (2)(A) or (3) of sub4 section (b), as appropriate, for such program 

5 year; and 

6 ‘‘(B) with respect to amounts that are 

7 available for reallocation under paragraph (2) 

8 that were allocated under subsection (b)(2)(B), 

9 an amount based on the relative amount allo10 cated to such local area under subsection 

11 (b)(2)(B) for the program year for which the 

12 determination is made, as compared to the total 

13 amount allocated to all eligible local areas 

14 under subsection (b)(2)(B) for such program 

15 year.’’; and 

16 (D) by striking paragraph (4) and insert17 ing the following: 

18 ‘‘(4) ELIGIBILITY.—For purposes of this sub19 section, an eligible local area means— 

20 ‘‘(A) with respect to funds allocated under 

21 paragraphs (2)(A) or (3) of subsection (b), a 

22 local area that does not have an amount of such 

23 funds available for reallocation under paragraph 

24 (2) for the program year for which the deter25 mination under paragraph (2) is made; and 
121 

•S 1021 IS 

1 ‘‘(B) with respect to funds allocated under 

2 subsection (b)(2)(B), a local area that does not 

3 have an amount of such funds available for re4 allocation under paragraph (2) for the program 

5 year for which the determination under para6 graph (2) is made.’’. 

7 (5) EFFECTIVE DATE.—The amendments made 

8 by paragraph (3) shall take effect for the later of— 

9 (A) the program year that begins after the 

10 date of enactment of this Act; or 

11 (B) program year 2006. 

12 (c) USE OF FUNDS FOR EMPLOYMENT AND TRAIN13 ING ACTIVITIES.— 

14 (1) STATEWIDE EMPLOYMENT AND TRAINING

15 ACTIVITIES.— 

16 (A) STATEWIDE RAPID RESPONSE ACTIVI17 TIES.—Section 134(a)(2)(A) (29 U.S.C. 

18 2864(a)(2)(A)) is amended to read as follows: 

19 ‘‘(A) STATEWIDE RAPID RESPONSE ACTIVI20 TIES.— 

21 ‘‘(i) IN GENERAL.—A State shall 

22 carry out statewide rapid response activi23 ties using funds reserved by a Governor for 

24 a State under section 133(a)(2). Such ac25 tivities shall include— 
122 

•S 1021 IS 

1 ‘‘(I) provision of rapid response 

2 activities, carried out in local areas by 

3 the State or by an entity designated 

4 by the State, working in conjunction 

5 with the local boards and the chief 

6 elected officials for the local areas; 

7 and 

8 ‘‘(II) provision of additional as9 sistance to local areas that experience 

10 disasters, mass layoffs, or plant clos11 ings, or other events that precipitate 

12 substantial increases in the number of 

13 unemployed individuals, carried out in 

14 local areas by the State, working in 

15 conjunction with the local boards and 

16 the chief elected officials for the local 

17 areas. 

18 ‘‘(ii) USE OF UNEXPENDED FUNDS.— 

19 Funds reserved under section 133(a)(2) to 

20 carry out this subparagraph that remain 

21 unexpended after the first program year 

22 for which such funds were allotted may be 

23 used by the Governor to carry out state24 wide activities authorized under subpara25 graph (B) and paragraph (3)(A) in addi-
123 

•S 1021 IS 

1 tion to activities under this subpara2 graph.’’. 

3 (B) STATEWIDE EMPLOYMENT AND TRAIN4 ING ACTIVITIES.—Section 134(a)(2) (29 U.S.C. 

5 2864(a)(2)) is amended by striking subpara6 graph (B) and inserting the following: 

7 ‘‘(B) STATEWIDE EMPLOYMENT AND

8 TRAINING ACTIVITIES.—Funds reserved by a 

9 Governor for a State under sections 128(a)(1) 

10 and 133(a)(1) and not used under paragraph 

11 (1)(A) (regardless of whether the funds were al12 lotted to the States under section 127(b)(1)(C) 

13 or paragraphs (1)(B) or (2)(B) of section 

14 132(b)) shall be used for statewide employment 

15 and training activities, including— 

16 ‘‘(i) disseminating— 

17 ‘‘(I) the State list of eligible pro18 viders of training services, including 

19 eligible providers of nontraditional 

20 training services and eligible providers 

21 of apprenticeship programs described 

22 in section 122(a)(2)(B); 

23 ‘‘(II) information identifying eli24 gible providers of on-the-job training, 
124 

•S 1021 IS 

1 customized training, and incumbent 

2 worker training; 

3 ‘‘(III) information on effective 

4 business outreach, partnerships, and 

5 services; 

6 ‘‘(IV) performance information 

7 and information on costs of attend8 ance, as described in subsections (d) 

9 and (i) of section 122; and 

10 ‘‘(V) information on physical and 

11 programmatic accessibility for individ12 uals with disabilities; 

13 ‘‘(ii) conducting evaluations under 

14 section 136(e) of activities authorized 

15 under this chapter and chapter 5 in coordi16 nation with evaluations carried out by the 

17 Secretary under section 172; 

18 ‘‘(iii) providing incentive grants to 

19 local areas, in accordance with section 

20 136(i); 

21 ‘‘(iv) developing strategies for ensur22 ing that activities carried out under this 

23 section are placing men and women in 

24 jobs, education, and training that lead to 

25 comparable pay; 
125 

•S 1021 IS 

1 ‘‘(v) providing technical assistance 

2 and capacity building to local areas, one3 stop operators, one-stop partners, and eli4 gible providers, including the development 

5 and training of staff, the development of 

6 exemplary program activities, and the pro7 vision of technical assistance to local areas 

8 that fail to meet local performance meas9 ures described in section 136(c), which 

10 may include the development and training 

11 of staff to provide opportunities for hard12 to-serve populations to enter high-wage, 

13 high-skilled, and nontraditional occupa14 tions; 

15 ‘‘(vi) operating a fiscal and manage16 ment accountability system under section 

17 136(f); and 

18 ‘‘(vii) carrying out monitoring and 

19 oversight of activities carried out under 

20 this chapter and chapter 4.’’. 

21 (C) ALLOWABLE STATEWIDE EMPLOYMENT

22 AND TRAINING ACTIVITIES.—Section 

23 134(a)(3)(A) (29 U.S.C. 2864(a)(3)(A) is 

24 amended to read as follows: 
126 

•S 1021 IS 

1 ‘‘(A) IN GENERAL.—Funds reserved by a 

2 Governor for a State under sections 128(a)(1) 

3 and 133(a)(1) and not used under paragraph 

4 (1)(A) or (2)(B) (regardless of whether the 

5 funds were allotted to the State under section 

6 127(b)(1)(C) or paragraph (1)(B) or (2)(B) of 

7 section 132(b)) may be used to carry out addi8 tional statewide employment and training activi9 ties, which may include— 

10 ‘‘(i) implementing innovative pro11 grams and strategies designed to meet the 

12 needs of all businesses in the State, includ13 ing small businesses, which may include in14 cumbent worker training programs, sec15 toral and industry cluster strategies and 

16 partnerships, including regional skills alli17 ances, career ladder programs, micro-en18 terprise and entrepreneurial training and 

19 support programs, utilization of effective 

20 business intermediaries, activities to im21 prove linkages between the one-stop deliv22 ery system in the State and all employers 

23 (including small employers) in the State, 

24 and other business services and strategies 

25 that better engage employers in workforce 
127 

•S 1021 IS 

1 investment activities and make the work2 force investment system more relevant to 

3 the needs of State and local businesses, 

4 consistent with the objectives of this title; 

5 ‘‘(ii) developing strategies for effec6 tively serving hard-to-serve populations 

7 and for coordinating programs and services 

8 among one-stop partners; 

9 ‘‘(iii) implementing innovative pro10 grams for displaced homemakers, which for 

11 purposes of this clause may include an in12 dividual who is receiving public assistance 

13 and is within 2 years of exhausting lifetime 

14 eligibility under part A of title IV of the 

15 Social Security Act (42 U.S.C. 601 et 

16 seq.); 

17 ‘‘(iv) implementing programs to in18 crease the number of individuals training 

19 for and placed in nontraditional employ20 ment; 

21 ‘‘(v) carrying out activities to facili22 tate remote access to services, including 

23 training services described in subsection 

24 (d)(4), provided through a one-stop deliv-
128 

•S 1021 IS 

1 ery system, including facilitating access 

2 through the use of technology; 

3 ‘‘(vi) supporting the provision of core 

4 services described in subsection (d)(2) in 

5 the one-stop delivery system in the State; 

6 ‘‘(vii) coordinating with the child wel7 fare system to facilitate services for chil8 dren in foster care and those who are eligi9 ble for assistance under section 477 of the 

10 Social Security Act (42 U.S.C. 677); 

11 ‘‘(viii) activities— 

12 ‘‘(I) to improve coordination be13 tween workforce investment activities 

14 carried out within the State involved 

15 and economic development activities, 

16 and to promote entrepreneurial skills 

17 training and microenterprise services; 

18 ‘‘(II) to improve coordination be19 tween employment and training assist20 ance, child support services, and as21 sistance provided by State and local 

22 agencies carrying out part D of title 

23 IV of the Social Security Act (42 

24 U.S.C. 651 et seq.); 
129 

•S 1021 IS 

1 ‘‘(III) to improve coordination 

2 between employment and training as3 sistance and cooperative extension 

4 programs carried out by the Depart5 ment of Agriculture; 

6 ‘‘(IV) to improve coordination be7 tween employment and training assist8 ance and programs carried out in the 

9 local area for individuals with disabil10 ities, including programs carried out 

11 by State agencies relating to mental 

12 retardation and developmental disabil13 ities, Statewide Independent Living 

14 Councils established under section 

15 705 of the Rehabilitation Act of 1973 

16 (29 U.S.C. 796d), and centers for 

17 independent living defined in section 

18 702 of the Rehabilitation Act of 1973 

19 (29 U.S.C. 796a); 

20 ‘‘(V) to develop and disseminate 

21 workforce and labor market informa22 tion; 

23 ‘‘(VI) to improve coordination 

24 with the corrections system to facili25 tate provision of training services and 
130 

•S 1021 IS 

1 employment opportunities that will as2 sist ex-offenders in reentering the 

3 workforce; and 

4 ‘‘(VII) to promote financial lit5 eracy, including carrying out activities 

6 described in section 129(b)(1)(I); 

7 ‘‘(ix) conducting— 

8 ‘‘(I) research; and 

9 ‘‘(II) demonstration projects; and 

10 ‘‘(x) adopting, calculating, or commis11 sioning a minimum self-sufficiency stand12 ard that specifies the income needs of fam13 ilies, by family size, the number and ages 

14 of children in the family, and sub-State 

15 geographical considerations.’’. 

16 (2) REQUIRED LOCAL EMPLOYMENT AND

17 TRAINING ACTIVITIES.— 

18 (A) ALLOCATED FUNDS.—Section 

19 134(d)(1)(A) (29 U.S.C. 2864(d)(1)(A)) is 

20 amended— 

21 (i) in clause (i), by striking ‘‘described 

22 in subsection (c)’’; 

23 (ii) in clause (iii), by striking ‘‘and’’ 

24 at the end; 
131 

•S 1021 IS 

1 (iii) in clause (iv), by striking the pe2 riod and inserting a semicolon; and 

3 (iv) by adding at the end the fol4 lowing: 

5 ‘‘(v) to designate a dedicated business 

6 liaison in the local area who may be funded 

7 with funds provided under this title or 

8 from other sources to establish and develop 

9 relationships and networks with large and 

10 small employers and their intermediaries; 

11 and 

12 ‘‘(vi) in order to improve service deliv13 ery to avoid duplication of services and en14 hance coordination of services, to require 

15 the colocation of employment services pro16 vided under the Wagner-Peyser Act (29 

17 U.S.C. 49 et seq.) at the one-stop cen18 ters.’’. 

19 (B) CORE SERVICES.—Section 134(d)(2) 

20 (29 U.S.C. 2864(d)(2)) is amended— 

21 (i) in the matter preceding subpara22 graph (A), by striking ‘‘paragraph (1)(A)’’ 

23 and inserting ‘‘paragraph (1)’’; 

24 (ii) in subparagraph (C), by inserting 

25 ‘‘(including literacy, numeracy, and 
132 

•S 1021 IS 

1 English language proficiency)’’ after ‘‘skill 

2 levels’’; 

3 (iii) by striking subparagraph (D) and 

4 inserting the following: 

5 ‘‘(D) labor exchange services, including— 

6 ‘‘(i) job search and placement assist7 ance and, in appropriate cases, career 

8 counseling, including— 

9 ‘‘(I) exposure to high wage, high 

10 skill jobs; and 

11 ‘‘(II) nontraditional employment; 

12 and 

13 ‘‘(ii) appropriate recruitment and 

14 other business services for all employers, 

15 including small employers, in the local 

16 area, which may include services described 

17 in this subsection, including information 

18 and referral to specialized business services 

19 not traditionally offered through the one20 stop delivery system;’’; 

21 (iv) in subparagraph (E)(iii)— 

22 (I) by inserting ‘‘, career lad23 ders,’’ after ‘‘earnings’’; and 

24 (II) by striking ‘‘and’’ at the end; 

25 (v) in subparagraph (F)— 
133 

•S 1021 IS 

1 (I) by striking ‘‘and program cost 

2 information’’; and 

3 (II) by striking ‘‘described in sec4 tion 123’’; 

5 (vi) by striking subparagraph (H) and 

6 inserting the following: 

7 ‘‘(H) provision of accurate information, in 

8 formats that are usable and understandable to 

9 all one-stop center customers, relating to the 

10 availability of supportive services or assistance, 

11 including child care, child support, medical or 

12 child health assistance under title XIX or XXI 

13 of the Social Security Act (42 U.S.C. 1396 et 

14 seq. and 1397aa et seq.), benefits under the 

15 Food Stamp Act of 1977 (7 U.S.C. 2011 et 

16 seq.), the earned income tax credit under sec17 tion 32 of the Internal Revenue Code of 1986, 

18 and assistance under a State program funded 

19 under part A of title IV of the Social Security 

20 Act (42 U.S.C. 601 et seq.) and other sup21 portive services and transportation provided 

22 through funds made available under such part, 

23 available in the local area, and referral to such 

24 services or assistance as appropriate;’’; and 
134 

•S 1021 IS 

1 (vii) in subparagraph (J), by striking 

2 ‘‘for—’’ and all that follows through ‘‘(ii) 

3 programs’’ and inserting ‘‘for programs’’. 

4 (C) INTENSIVE SERVICES.—Section 

5 134(d)(3) (29 U.S.C. 2864(d)(3)) is amended— 

6 (i) by striking subparagraph (A) and 

7 inserting the following: 

8 ‘‘(A) IN GENERAL.— 

9 ‘‘(i) ELIGIBILITY.—Except as pro10 vided in clause (ii), funds allocated to a 

11 local area for adults under paragraph 

12 (2)(A) or (3), as appropriate, of section 

13 133(b), and funds allocated to the local 

14 area for dislocated workers under section 

15 133(b)(2)(B), shall be used to provide in16 tensive services to adults and dislocated 

17 workers, respectively— 

18 ‘‘(I) who are unemployed and 

19 who, after an interview, evaluation, or 

20 assessment, have been determined by 

21 a one-stop operator or one-stop part22 ner to be— 

23 ‘‘(aa) unlikely or unable to 

24 obtain employment, that leads to 

25 self-sufficiency or wages com-
135 

•S 1021 IS 

1 parable to or higher than pre2 vious employment, through core 

3 services described in paragraph 

4 (2); and 

5 ‘‘(bb) in need of intensive 

6 services to obtain employment 

7 that leads to self-sufficiency or 

8 wages comparable to or higher 

9 than previous employment; or 

10 ‘‘(II) who are employed, but who, 

11 after an interview, evaluation, or as12 sessment are determined by a one13 stop operator or one-stop partner to 

14 be in need of intensive services to ob15 tain or retain employment that leads 

16 to self-sufficiency. 

17 ‘‘(ii) SPECIAL RULE.—A new inter18 view, evaluation, or assessment of a partic19 ipant is not required under clause (i) if the 

20 one-stop operator or one-stop partner de21 termines that it is appropriate to use a re22 cent assessment of the participant con23 ducted pursuant to another education or 

24 training program.’’; and 

25 (ii) in subparagraph (C)— 
136 

•S 1021 IS 

1 (I) in clause (v), by striking ‘‘for 

2 participants seeking training services 

3 under paragraph (4)’’; and 

4 (II) by adding at the end the fol5 lowing: 

6 ‘‘(vii) Internships and work experi7 ence. 

8 ‘‘(viii) Literacy activities relating to 

9 basic work readiness. 

10 ‘‘(ix) Financial literacy services, such 

11 as activities described in section 

12 129(b)(1)(I). 

13 ‘‘(x) Out-of-area job search assistance 

14 and relocation assistance. 

15 ‘‘(xi) English language acquisition and 

16 integrated training programs.’’. 

17 (D) TRAINING SERVICES.—Section 

18 134(d)(4) (29 U.S.C. 2864(d)(4)) is amended— 

19 (i) by striking subparagraph (A) and 

20 inserting the following: 

21 ‘‘(A) IN GENERAL.— 

22 ‘‘(i) ELIGIBILITY.—Except as pro23 vided in clause (ii), funds allocated to a 

24 local area for adults under paragraph 

25 (2)(A) or (3), as appropriate, of section 
137 

•S 1021 IS 

1 133(b), and funds allocated to the local 

2 area for dislocated workers under section 

3 133(b)(2)(B), shall be used to provide 

4 training services to adults and dislocated 

5 workers, respectively— 

6 ‘‘(I) who, after an interview, eval7 uation, or assessment, and case man8 agement, have been determined by a 

9 one-stop operator or one-stop partner, 

10 as appropriate, to— 

11 ‘‘(aa) be unlikely or unable 

12 to obtain or retain employment, 

13 that leads to self-sufficiency or 

14 wages comparable to or higher 

15 than previous employment, 

16 through the intensive services de17 scribed in paragraph (3); 

18 ‘‘(bb) be in need of training 

19 services to obtain or retain em20 ployment that leads to self-suffi21 ciency or wages comparable to or 

22 higher than previous employ23 ment; and 

24 ‘‘(cc) have the skills and 

25 qualifications to successfully par-
138 

•S 1021 IS 

1 ticipate in the selected program 

2 of training services; 

3 ‘‘(II) who select programs of 

4 training services that are directly 

5 linked to the employment opportuni6 ties in the local area or region in7 volved or in another area to which the 

8 adults or dislocated workers are will9 ing to commute or relocate; 

10 ‘‘(III) who meet the requirements 

11 of subparagraph (B); and 

12 ‘‘(IV) who are determined to be 

13 eligible in accordance with the priority 

14 system in effect under subparagraph 

15 (E). 

16 ‘‘(ii) SPECIAL RULE.—A new inter17 view, evaluation, or assessment of a partic18 ipant is not required under clause (i) if the 

19 one-stop operator or one-stop partner de20 termines that it is appropriate to use a re21 cent assessment of the participant con22 ducted pursuant to another education or 

23 training program.’’; 

24 (ii) in subparagraph (B)(i), by strik25 ing ‘‘Except’’ and inserting ‘‘Notwith-
139 

•S 1021 IS 

1 standing section 479B of the Higher Edu2 cation Act of 1965 (20 U.S.C. 1087uu) 

3 and except’’; 

4 (iii) in subparagraph (D)— 

5 (I) in clause (viii), by striking 

6 ‘‘and’’ after the semicolon; 

7 (II) in clause (ix), by striking the 

8 period and inserting ‘‘; and’’; and 

9 (III) by adding at the end the 

10 following: 

11 ‘‘(x) English language acquisition and 

12 integrated training programs.’’; 

13 (iv) in subparagraph (F)— 

14 (I) in clause (ii), by striking ‘‘re15 ferred to in subsection (c), shall make 

16 available—’’ and all that follows and 

17 inserting ‘‘shall make available a list 

18 of eligible providers of training serv19 ices, and accompanying information, 

20 in accordance with section 122(d).’’; 

21 (II) in the heading of clause (iii), 

22 by striking ‘‘INDIVIDUAL TRAINING

23 ACCOUNTS’’ and inserting ‘‘CAREER

24 SCHOLARSHIP ACCOUNTS’’; 

25 (III) in clause (iii)— 
140 

•S 1021 IS 

1 (aa) by striking ‘‘identifying 

2 information’’ and inserting ‘‘ac3 companying information’’; 

4 (bb) by striking ‘‘clause 

5 (ii)(I)’’ and inserting ‘‘clause 

6 (ii)’’; and 

7 (cc) by striking ‘‘an indi8 vidual training account’’ and in9 serting ‘‘a career scholarship ac10 count’’; and 

11 (IV) by adding at the end the fol12 lowing: 

13 ‘‘(iv) COORDINATION.—Each local 

14 board may, through one-stop centers, co15 ordinate career scholarship accounts with 

16 other Federal, State, local, or private job 

17 training programs or sources to assist the 

18 individual in obtaining training services.’’; 

19 and 

20 (v) in subparagraph (G)— 

21 (I) in the subparagraph heading, 

22 by striking ‘‘INDIVIDUAL TRAINING

23 ACCOUNTS’’ and inserting ‘‘CAREER

24 SCHOLARSHIP ACCOUNTS’’; 
141 

•S 1021 IS 

1 (II) in clause (i), by striking ‘‘in2 dividual training accounts’’ and in3 serting ‘‘career scholarship accounts’’; 

4 (III) in clause (ii)— 

5 (aa) by striking ‘‘an indi6 vidual training account’’ and in7 serting ‘‘a career scholarship ac8 count’’; 

9 (bb) in subclause (II), by 

10 striking ‘‘individual training ac11 counts’’ and inserting ‘‘career 

12 scholarship accounts’’; 

13 (cc) in subclause (II) by 

14 striking ‘‘or’’ after the semicolon; 

15 (dd) in subclause (III), by 

16 striking ‘‘special participant pop17 ulations that face multiple bar18 riers to employment’’ and insert19 ing ‘‘hard-to-serve populations’’; 

20 (ee) in subclause (III), by 

21 striking the period and inserting 

22 ’‘‘; or’’; and 

23 (ff) by adding at the end the 

24 following: 
142 

•S 1021 IS 

1 ‘‘(IV) the local board determines 

2 that it would be most appropriate to 

3 award a contract to an institution of 

4 higher education in order to facilitate 

5 the training of multiple individuals in 

6 high-demand occupations, if such con7 tract does not limit customer choice.’’; 

8 and 

9 (IV) in clause (iv)— 

10 (aa) by redesignating sub11 clause (IV) as subclause (V); and 

12 (bb) by inserting after sub13 clause (III) the following: 

14 ‘‘(IV) Individuals with disabil15 ities.’’. 

16 (3) PERMISSIBLE ACTIVITIES.—Section 134(e) 

17 (29 U.S.C. 2864(e)) is amended— 

18 (A) by striking the matter preceding para19 graph (2) and inserting the following: 

20 ‘‘(e) PERMISSIBLE LOCAL EMPLOYMENT AND TRAIN21 ING ACTIVITIES.— 

22 ‘‘(1) IN GENERAL.— 

23 ‘‘(A) ACTIVITIES.—Funds allocated to a 

24 local area for adults under paragraph (2)(A) or 

25 (3), as appropriate, of section 133(b), and 
143 

•S 1021 IS 

1 funds allocated to the local area for dislocated 

2 workers under section 133(b)(2)(B), may be 

3 used to provide, through the one-stop delivery 

4 system involved— 

5 ‘‘(i) customized screening and referral 

6 of qualified participants in training serv7 ices described in subsection (d)(4) to em8 ployment; 

9 ‘‘(ii) customized employment-related 

10 services to employers on a fee-for-service 

11 basis; 

12 ‘‘(iii) customer support to enable 

13 members of hard-to-serve populations, in14 cluding individuals with disabilities, to 

15 navigate among multiple services and ac16 tivities for such populations; 

17 ‘‘(iv) technical assistance and capacity 

18 building for serving individuals with dis19 abilities in local areas, for one-stop opera20 tors, one-stop partners, and eligible pro21 viders, including the development and 

22 training of staff, the provision of outreach, 

23 intake, assessments, and service delivery, 

24 and the development of performance meas25 ures; 
144 

•S 1021 IS 

1 ‘‘(v) employment and training assist2 ance provided in coordination with child 

3 support enforcement activities of the State 

4 and local agencies carrying out part D of 

5 title IV of the Social Security Act (42 

6 U.S.C. 651 et seq.); 

7 ‘‘(vi) activities to improve coordination 

8 between employment and training assist9 ance, child support services, and assistance 

10 provided by State and local agencies car11 rying out part D of title IV of the Social 

12 Security Act (42 U.S.C. 651 et seq.); 

13 ‘‘(vii) activities to improve coordina14 tion between employment and training as15 sistance and cooperative extension pro16 grams carried out by the Department of 

17 Agriculture; 

18 ‘‘(viii) activities to facilitate remote 

19 access to services provided through a one20 stop delivery system, including facilitating 

21 access through the use of technology; 

22 ‘‘(ix) activities— 

23 ‘‘(I) to improve coordination be24 tween workforce investment activities 

25 carried out within the local area in-
145 

•S 1021 IS 

1 volved and economic development ac2 tivities, and to promote entrepre3 neurial skills training and microenter4 prise services; and 

5 ‘‘(II) to improve services and 

6 linkages between the local workforce 

7 investment system including the local 

8 one-stop delivery system, and all em9 ployers, including small employers in 

10 the local area, through services de11 scribed in this section, including sub12 paragraph (B); 

13 ‘‘(x) training programs for displaced 

14 homemakers and for individuals training 

15 for nontraditional occupations, in conjunc16 tion with programs operated in the local 

17 area; 

18 ‘‘(xi) using a portion of the funds allo19 cated under section 133(b), activities to 

20 carry out business services and strategies 

21 that meet the workforce investment needs 

22 of local area employers, as determined by 

23 the local board, consistent with the local 

24 plan under section 118, which services— 
146 

•S 1021 IS 

1 ‘‘(I) may be provided through ef2 fective business intermediaries work3 ing in conjunction with the local 

4 board, and may also be provided on a 

5 fee-for-service basis or through the 

6 leveraging of economic development 

7 and other resources as determined ap8 propriate by the local board; and 

9 ‘‘(II) may include— 

10 ‘‘(aa) identifying and dis11 seminating to business, edu12 cators, and job seekers, informa13 tion related to the workforce, eco14 nomic and community develop15 ment needs, and opportunities of 

16 the local economy; 

17 ‘‘(bb) development and deliv18 ery of innovative workforce in19 vestment services and strategies 

20 for area businesses, which may 

21 include sectoral, industry cluster, 

22 regional skills alliances, career 

23 ladder, skills upgrading, skill 

24 standard development and certifi25 cation, apprenticeship, and other 
147 

•S 1021 IS 

1 effective initiatives for meeting 

2 the workforce investment needs 

3 of area employers and workers; 

4 ‘‘(cc) participation in semi5 nars and classes offered in part6 nership with relevant organiza7 tions focusing on the workforce8 related needs of area employers 

9 and job seekers; 

10 ‘‘(dd) training consulting, 

11 needs analysis, and brokering 

12 services for area businesses, in13 cluding the organization and ag14 gregation of training (which may 

15 be paid for with funds other than 

16 those provided under this title), 

17 for individual employers and coa18 litions of employers with similar 

19 interests, products, or workforce 

20 needs; 

21 ‘‘(ee) assistance to area em22 ployers in the aversion of layoffs 

23 and in managing reductions in 

24 force in coordination with rapid 

25 response activities; 
148 

•S 1021 IS 

1 ‘‘(ff) the marketing of busi2 ness services offered under this 

3 title, to appropriate area employ4 ers, including small and mid5 sized employers; 

6 ‘‘(gg) information referral 

7 on concerns affecting local em8 ployers; and 

9 ‘‘(hh) other business services 

10 and strategies designed to better 

11 engage employers in workforce 

12 investment activities and to make 

13 the workforce investment system 

14 more relevant to the workforce 

15 investment needs of area busi16 nesses, as determined by the local 

17 board to be consistent with the 

18 objectives of this title; 

19 ‘‘(xii) activities to adjust the self-suffi20 ciency standards for local factors, or activi21 ties to adopt, calculate, or commission a 

22 self-sufficiency standard that specifies the 

23 income needs of families, by family size, 

24 the number and ages of children in the 
149 

•S 1021 IS 

1 family, and sub-State geographical consid2 erations; and 

3 ‘‘(xiii) improved coordination between 

4 employment and training assistance and 

5 programs carried out in the local area for 

6 individuals with disabilities, including pro7 grams carried out by State agencies relat8 ing to mental retardation and develop9 mental disabilities, Statewide Independent 

10 Living Councils established under section 

11 705 of the Rehabilitation Act of 1973 (29 

12 U.S.C. 796d), and centers for independent 

13 living defined in section 702 of the Reha14 bilitation Act of 1973 (29 U.S.C. 796a). 

15 ‘‘(B) WORK SUPPORT ACTIVITIES FOR

16 LOW-WAGE WORKERS.— 

17 ‘‘(i) IN GENERAL.—Funds allocated to 

18 a local area for adults under paragraph 

19 (2)(A) or (3), as appropriate, of section 

20 133(b), and funds allocated to the local 

21 area for dislocated workers under section 

22 133(b)(2)(B), may be used to provide, 

23 through the one-stop delivery system in24 volved, work support activities designed to 

25 assist low-wage workers in retaining and 
150 

•S 1021 IS 

1 enhancing employment. The one-stop part2 ners shall coordinate the appropriate pro3 grams and resources of the partners with 

4 the activities and resources provided under 

5 this subparagraph. 

6 ‘‘(ii) ACTIVITIES.—The activities de7 scribed in clause (i) may include the provi8 sion of activities described in this section 

9 through the one-stop delivery system in a 

10 manner that enhances the opportunities of 

11 such workers to participate in the activi12 ties, such as the provision of activities de13 scribed in this section during nontradi14 tional hours and the provision of onsite 

15 child care while such activities are being 

16 provided.’’; 

17 (B) in paragraph (2), by striking the mat18 ter preceding subparagraph (A) and inserting 

19 the following: 

20 ‘‘(2) SUPPORTIVE SERVICES.—Funds allocated 

21 to a local area for adults under paragraph (2)(A) or 

22 (3), as appropriate, of section 133(b), and funds al23 located to the local area for dislocated workers under 

24 section 133(b)(2)(B), may be used to provide sup-
151 

•S 1021 IS 

1 portive services to adults and dislocated workers, re2 spectively—’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(4) INCUMBENT WORKER TRAINING PRO5 GRAMS.— 

6 ‘‘(A) IN GENERAL.—The local board may 

7 use up to 10 percent of the funds allocated to 

8 the local area involved under section 133(b) to 

9 pay for the Federal share of the cost of pro10 viding training through an incumbent worker 

11 training program carried out in accordance with 

12 this paragraph. The Governor or State board 

13 may make recommendations to the local board 

14 regarding incumbent worker training with 

15 statewide impact. 

16 ‘‘(B) TRAINING ACTIVITIES.—The training 

17 program for incumbent workers carried out 

18 under this paragraph shall be carried out by the 

19 local board in conjunction with the employers or 

20 groups of employers of such workers for the 

21 purpose of assisting such workers in obtaining 

22 the skills necessary to retain employment or 

23 avert layoffs. 

24 ‘‘(C) EMPLOYER SHARE REQUIRED.— 
152 

•S 1021 IS 

1 ‘‘(i) IN GENERAL.—Employers partici2 pating in the program carried out under 

3 this paragraph shall be required to pay the 

4 non-Federal share of the costs of providing 

5 the training to incumbent workers of the 

6 employers. The local board shall establish 

7 the non-Federal share of such costs, which 

8 may include in-kind contributions. The 

9 non-Federal share shall not be less than— 

10 ‘‘(I) 10 percent of the costs, for 

11 employers with 50 or fewer employees; 

12 ‘‘(II) 25 percent of the costs, for 

13 employers with more than 50 employ14 ees but fewer than 100 employees; 

15 and 

16 ‘‘(III) 50 percent of the costs, for 

17 employers with 100 or more employ18 ees. 

19 ‘‘(ii) CALCULATION OF EMPLOYER

20 SHARE.—The non-Federal share paid by 

21 such an employer may include the amount 

22 of the wages paid by the employer to a 

23 worker while the worker is attending a 

24 training program under this paragraph.’’. 
153 

•S 1021 IS 

1 SEC. 122. PERFORMANCE ACCOUNTABILITY SYSTEM. 

2 (a) STATE PERFORMANCE MEASURES.— 

3 (1) INDICATORS OF PERFORMANCE.—Section 

4 136(b)(2)(A) (29 U.S.C. 2871(b)(2)(A)) is amend5 ed— 

6 (A) in clause (i)— 

7 (i) in the matter preceding subclause 

8 (I), by striking ‘‘and (for participants who 

9 are eligible youth age 19 through 21) for 

10 youth activities authorized under section 

11 129’’; 

12 (ii) by striking subclause (III) and in13 serting the following: 

14 ‘‘(III) increases in earnings from 

15 unsubsidized employment; and’’; and 

16 (iii) in subclause (IV), by striking ‘‘, 

17 or by participants’’ and all that follows 

18 through ‘‘unsubsidized employment’’; and 

19 (B) by striking clause (ii) and inserting the 

20 following: 

21 ‘‘(ii) CORE INDICATORS FOR ELIGIBLE

22 YOUTH.—The core indicators of perform23 ance for youth activities authorized under 

24 section 129 shall consist of— 
154 

•S 1021 IS 

1 ‘‘(I) entry into employment, edu2 cation or advanced training, or mili3 tary service; 

4 ‘‘(II) school retention, and at5 tainment of secondary school diplomas 

6 or their recognized equivalents and of 

7 postsecondary certificates; and 

8 ‘‘(III) literacy or numeracy 

9 gains.’’. 

10 (2) ADDITIONAL INDICATORS.—Section 

11 136(b)(2)(C) (29 U.S.C. 2871(b)(2)(C)) is amended 

12 to read as follows: 

13 ‘‘(C) ADDITIONAL INDICATORS.—A State 

14 may identify in the State plan additional indica15 tors for workforce investment activities under 

16 this subtitle, including indicators identified in 

17 collaboration with State business and industry 

18 associations, with employee representatives 

19 where applicable, and with local boards, to 

20 measure the performance of the workforce in21 vestment system in serving the workforce needs 

22 of business and industry in the State.’’. 

23 (3) LEVELS OF PERFORMANCE.—Section 

24 136(b)(3)(A) (29 U.S.C. 2871(b)(3)(A)) is amend25 ed— 
155 

•S 1021 IS 

1 (A) in clause (iii)— 

2 (i) in the heading, by striking ‘‘FOR

3 FIRST 3 YEARS’’; 

4 (ii) by striking ‘‘and the customer sat5 isfaction indicator of performance, for the 

6 first 3’’ and inserting ‘‘described in clauses 

7 (i) and (ii) of paragraph (2)(A) and the 

8 customer satisfaction indicator of perform9 ance, for the first 2’’; and 

10 (iii) by inserting at the end the fol11 lowing: ‘‘Agreements on levels of perform12 ance for each of the core indicators of per13 formance for the third and fourth program 

14 years covered by the State plan shall be 

15 reached prior to the beginning of the third 

16 program year covered by the State plan, 

17 and incorporated as a modification to the 

18 State plan.’’; 

19 (B) in clause (iv)— 

20 (i) in the matter preceding subclause 

21 (I), by striking ‘‘or (v)’’; 

22 (ii) in subclause (II)— 

23 (I) by striking ‘‘taking into ac24 count’’ and inserting ‘‘and shall en25 sure that the levels involved are ad-
156 

•S 1021 IS 

1 justed, using objective statistical 

2 methods, based on’’; 

3 (II) by inserting ‘‘(such as dif4 ferences in unemployment rates and 

5 job losses or gains in particular indus6 tries)’’ after ‘‘economic conditions’’; 

7 (III) by inserting ‘‘(such as indi8 cators of poor work history, lack of 

9 work experience, lack of educational 

10 or occupational skills attainment, dis11 location from high-wage and benefit 

12 employment, low levels of literacy or 

13 English proficiency, disability status, 

14 homelessness, ex-offender status, and 

15 welfare dependency)’’ after ‘‘pro16 gram’’; and 

17 (IV) by striking ‘‘and’’ at the 

18 end; 

19 (iii) in subclause (III), by striking the 

20 period and inserting ‘‘; and’’; and 

21 (iv) by adding at the end the fol22 lowing: 

23 ‘‘(IV) the extent to which the lev24 els involved will assist the State in 
157 

•S 1021 IS 

1 meeting the national goals described 

2 in clause (v).’’; 

3 (C) by striking clause (v) and inserting the 

4 following: 

5 ‘‘(v) ESTABLISHMENT OF NATIONAL

6 GOALS.—In order to promote enhanced 

7 performance outcomes on the performance 

8 measures and to facilitate the process of 

9 reaching agreements with the States under 

10 clause (iii) and to measure systemwide per11 formance for the one-stop delivery systems 

12 of the States, the Secretary shall establish 

13 long-term national goals for the adjusted 

14 levels of performance for that systemwide 

15 performance to be achieved by the pro16 grams assisted under chapters 4 and 5 on 

17 the core indicators of performance de18 scribed in subparagraphs (A) and (B) of 

19 subsection (b)(2). Such goals shall be es20 tablished in accordance with the Govern21 ment Performance and Results Act of 

22 1993 in consultation with the States and 

23 other appropriate parties.’’; and 

24 (D) in clause (vi)— 

25 (i) by striking ‘‘or (v)’’; and 
158 

•S 1021 IS 

1 (ii) by striking ‘‘with the representa2 tives described in subsection (i)’’ and in3 serting ‘‘with the States and other inter4 ested parties’’. 

5 (b) LOCAL PERFORMANCE MEASURES.—Section 

6 136(c)(3) (29 U.S.C. 2871(c)(3))— 

7 (1) by striking ‘‘shall take into account’’ and 

8 inserting ‘‘shall ensure that the levels involved are 

9 adjusted, using objective statistical methods, based 

10 on’’; 

11 (2) by inserting ‘‘(characteristics such as unem12 ployment rates and job losses or gains in particular 

13 industries)’’ after ‘‘economic’’; and 

14 (3) by inserting ‘‘(characteristics such as indi15 cators of poor work history, lack of work experience, 

16 lack of educational and occupational skills attain17 ment, dislocation from high-wage and benefit em18 ployment, low levels of literacy or English pro19 ficiency, disability status, homelessness, ex-offender 

20 status, and welfare dependency)’’ after ‘‘demo21 graphic’’. 

22 (c) REPORT.—Section 136(d) (29 U.S.C. 2871(d)) is 

23 amended— 

24 (1) in paragraph (1), by adding at the end the 

25 following: ‘‘In the case of a State or local area that 
159 

•S 1021 IS 

1 chooses to expend funds for activities under sub2 section (a)(3)(A)(i) or (e)(1)(A)(xi), respectively, of 

3 section 134, the report also shall include the amount 

4 of such funds so expended and the percentage that 

5 such funds are of the funds available for activities 

6 under section 134.’’; 

7 (2) in paragraph (2)— 

8 (A) in subparagraph (E)— 

9 (i) by striking ‘‘(excluding partici10 pants who received only self-service and in11 formational activities)’’; and 

12 (ii) by striking ‘‘and’’ after the semi13 colon; 

14 (B) in subparagraph (F)— 

15 (i) by inserting ‘‘noncustodial parents 

16 with child support obligations, homeless in17 dividuals,’’ after ‘‘displaced homemakers,’’; 

18 and 

19 (ii) by striking the period and insert20 ing a semicolon; and 

21 (C) by adding at the end the following: 

22 ‘‘(G) the number of participants who have 

23 received services, other than followup services, 

24 authorized under this title; 
160 

•S 1021 IS 

1 ‘‘(H) the number of participants who have 

2 received services, other than followup services, 

3 authorized under this title, in the form of core 

4 services described in section 134(d)(2), inten5 sive services described in section 134(d)(3), and 

6 training services described in section 134(d)(4), 

7 respectively; 

8 ‘‘(I) the number of participants who have 

9 received followup services authorized under this 

10 title; 

11 ‘‘(J) the cost per participant for services 

12 authorized under this title; and 

13 ‘‘(K) the amount of adult and dislocated 

14 worker funds spent on— 

15 ‘‘(i) core, intensive, and training serv16 ices, respectively; and 

17 ‘‘(ii) services provided under sub18 section (a)(3)(A)(i) or (e)(1)(A)(xi) of sec19 tion 134, if applicable.’’; and 

20 (3) by adding at the end the following: 

21 ‘‘(4) DATA VALIDATION.—In preparing the re22 ports described in this subsection, the States shall 

23 establish procedures, consistent with guidelines 

24 issued by the Secretary, to ensure that the informa25 tion contained in the reports is valid and reliable.’’. 
161 

•S 1021 IS 

1 (d) EVALUATION OF STATE PROGRAMS.—Section 

2 136(e)(3) is amended by inserting ‘‘, including informa3 tion on promoting self-sufficiency and comparable pay be4 tween men and women’’ after ‘‘employers’’. 

5 (e) SANCTIONS FOR STATE.—Section 136(g) is 

6 amended— 

7 (1) in paragraph (1)(B), by striking ‘‘If such 

8 failure continues for a second consecutive year’’ and 

9 inserting ‘‘If a State performs at less than 80 per10 cent of the adjusted level of performance for core in11 dicators of performance described in subsection 

12 (b)(2)(A) for 2 consecutive years’’; and 

13 (2) in paragraph (2), by striking ‘‘section 503’’ 

14 and inserting ‘‘subsection (i)(1)’’. 

15 (f) SANCTIONS FOR LOCAL AREA.—Section 

16 136(h)(2)(A) (29 U.S.C. 2871(h)(2)(A)) is amended— 

17 (1) in the matter preceding clause (i), by strik18 ing ‘‘If such failure continues for a second consecu19 tive year’’ and inserting ‘‘If a local area performs at 

20 less than 80 percent of the adjusted level of per21 formance for core indicators of performance de22 scribed in subsection (b)(2)(A) for 2 consecutive 

23 years’’; 

24 (2) in clause (ii), by striking ‘‘or’’ after the 

25 semicolon; 
162 

•S 1021 IS 

1 (3) by redesignating clause (iii) as clause (iv); 

2 and 

3 (4) by inserting after clause (ii) the following: 

4 ‘‘(iii) redesignate the local area in ac5 cordance with section 116(b)(2); or’’. 

6 (g) INCENTIVE GRANTS.—Section 136(i) (29 U.S.C. 

7 2871(i)) is amended to read as follows: 

8 ‘‘(i) INCENTIVE GRANTS FOR LOCAL AREAS.— 

9 ‘‘(1) IN GENERAL.—From funds reserved under 

10 sections 128(a) and 133(a)(1), the Governor in11 volved shall award incentive grants to local areas for 

12 performance described in paragraph (2) in carrying 

13 out programs under chapters 4 and 5. 

14 ‘‘(2) BASIS.—The Governor shall award the 

15 grants on the basis that the local areas— 

16 ‘‘(A) have exceeded the performance meas17 ures established under subsection (c)(2) relating 

18 to indicators described in subsection 

19 (b)(3)(A)(iii); or 

20 ‘‘(B) have— 

21 ‘‘(i) met the performance measures es22 tablished under subsection (c)(2) relating 

23 to indicators described in subsection 

24 (b)(3)(A)(iii); and 

25 ‘‘(ii) demonstrated— 
163 

•S 1021 IS 

1 ‘‘(I) exemplary coordination of 

2 Federal workforce and education pro3 grams, statewide economic develop4 ment, or business needs; 

5 ‘‘(II) exemplary performance in 

6 the State in serving hard-to-serve pop7 ulations; or 

8 ‘‘(III) effective— 

9 ‘‘(aa) coordination of mul10 tiple systems into a comprehen11 sive workforce investment system, 

12 including coordination of employ13 ment services under the Wagner14 Peyser Act (29 U.S.C. 49 et seq.) 

15 and core activities under this title 

16 as well as one-stop partner pro17 grams described in section 121; 

18 ‘‘(bb) expansion of access to 

19 training, including through in20 creased leveraging of resources 

21 other than those funded through 

22 programs under this title; 

23 ‘‘(cc) implementation of co24 ordination activities through 

25 agreements with relevant regional 
164 

•S 1021 IS 

1 or local agencies and offices, in2 cluding those responsible for pro3 grams under the Adult Education 

4 and Family Literacy Act (20 

5 U.S.C. 9201 et seq.) and the Re6 habilitation Act of 1973 (29 

7 U.S.C. 701 et seq.); 

8 ‘‘(dd) regional coordination 

9 with other local workforce invest10 ment boards or areas; 

11 ‘‘(ee) alignment of manage12 ment information systems to in13 tegrate participant information 

14 across programs; or 

15 ‘‘(ff) integration of perform16 ance information systems and 

17 common measures for account18 ability across workforce and edu19 cation programs. 

20 ‘‘(3) USE OF FUNDS.—The funds awarded to a 

21 local area under this subsection may be used to 

22 carry out activities authorized for local areas and 

23 such innovative projects or programs that increase 

24 coordination and enhance service to program partici-
165 

•S 1021 IS 

1 pants, particularly hard-to-serve populations, as may 

2 be approved by the Governor, including— 

3 ‘‘(A) activities that support business needs, 

4 especially for incumbent workers and enhancing 

5 opportunities for retention and advancement; 

6 ‘‘(B) activities that support linkages with 

7 secondary, postsecondary, or career and tech8 nical education programs, including activities 

9 under the Carl D. Perkins Vocational and 

10 Technical Education Act of 1998 (20 U.S.C. 

11 2301 et seq.), the Adult Education and Family 

12 Literacy Act (20 U.S.C. 9201 et seq.), and the 

13 Rehabilitation Act of 1973 (29 U.S.C. 701 et 

14 seq.); 

15 ‘‘(C) activities that support regional eco16 nomic development plans that support high17 wage, high-skill, or high-demand occupations 

18 leading to self-sufficiency; 

19 ‘‘(D) activities that coordinate workforce 

20 investment programs with other Federal and 

21 State programs related to the activities under 

22 this Act; 

23 ‘‘(E) activities that support the develop24 ment of an integrated performance information 

25 system that includes common measures; 
166 

•S 1021 IS 

1 ‘‘(F) activities that align management in2 formation systems with integrated performance 

3 information across education and workforce 

4 programs; 

5 ‘‘(G) activities that support activities to 

6 improve performance and program coordination 

7 with other training providers; or 

8 ‘‘(H) activities that leverage additional 

9 training resources for adults and youth. 

10 ‘‘(4) TECHNICAL ASSISTANCE.—The Governor 

11 shall reserve 4 percent of the funds available for 

12 grants under this subsection to provide technical as13 sistance to local areas to replicate best practices or 

14 to develop integrated performance information sys15 tems and strengthen coordination with education 

16 and regional economic development.’’. 

17 (h) USE OF CORE MEASURES IN OTHER DEPART18 MENT OF LABOR PROGRAMS.—Section 136 (29 U.S.C. 

19 2871) is amended by adding at the end the following: 

20 ‘‘(j) USE OF CORE INDICATORS FOR OTHER PRO21 GRAMS.—In addition to the programs carried out under 

22 chapters 4 and 5, and consistent with the requirements 

23 of the applicable authorizing laws, the Secretary shall use 

24 the indicators of performance described in subparagraphs 

25 (A) and (B) of subsection (b)(2) to assess the effectiveness 
167 

•S 1021 IS 

1 of the programs described in clauses (i), (ii), and (vi) of 

2 section 121(b)(1)(B) that are carried out by the Sec3 retary.’’. 

4 (i) PREVIOUS DEFINITIONS OF CORE INDICATORS.— 

5 Section 502 (29 U.S.C. 9272) is repealed. 

6 SEC. 123. AUTHORIZATION OF APPROPRIATIONS. 

7 (a) YOUTH ACTIVITIES.—Section 137(a) (29 U.S.C. 

8 2872(a)) is amended by striking ‘‘such sums as may be 

9 necessary for each of fiscal years 1999 through 2003’’ and 

10 inserting ‘‘such sums as may be necessary for each of fis11 cal years 2006 through 2011’’. 

12 (b) ADULT EMPLOYMENT AND TRAINING ACTIVI13 TIES.—Section 137(b) (29 U.S.C. 2872(b)) is amended by 

14 striking ‘‘such sums as may be necessary for each of fiscal 

15 years 1999 through 2003’’ and inserting ‘‘such sums as 

16 may be necessary for each of fiscal years 2006 through 

17 2011’’. 

18 (c) DISLOCATED WORKER EMPLOYMENT AND

19 TRAINING ACTIVITIES.—Section 137(c) (29 U.S.C. 

20 2872(c)) is amended by striking ‘‘such sums as may be 

21 necessary for each of fiscal years 1999 through 2003’’ and 

22 inserting ‘‘such sums as may be necessary for each of fis23 cal years 2006 through 2011’’. 
168 

•S 1021 IS 

1 Subtitle C—Job Corps 

2 SEC. 131. JOB CORPS. 

3 (a) ELIGIBILITY.—Section 144(3) (29 U.S.C. 

4 2884(3)) is amended by adding at the end the following: 

5 ‘‘(F) A child eligible for assistance under 

6 section 477 of the Social Security Act (42 

7 U.S.C. 677).’’. 

8 (b) IMPLEMENTATION OF STANDARDS AND PROCE9 DURES.—Section 145(a)(3) (29 U.S.C. 2885(a)(3)) is 

10 amended— 

11 (1) in subparagraph (B), by striking ‘‘and’’ 

12 after the semicolon; 

13 (2) in subparagraph (C), by striking the period 

14 and inserting ‘‘; and’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(D) child welfare agencies that are re17 sponsible for children in foster care and chil18 dren eligible for assistance under section 477 of 

19 the Social Security Act (42 U.S.C. 677).’’. 

20 (c) INDUSTRY COUNCILS.—Section 154(b) (29 

21 U.S.C. 2894(b)) is amended— 

22 (1) in paragraph (1)(A), by striking ‘‘local and 

23 distant’’; and 

24 (2) by adding at the end the following: 
169 

•S 1021 IS 

1 ‘‘(3) EMPLOYERS OUTSIDE OF LOCAL AREA.— 

2 The industry council may include, or otherwise pro3 vide for consultation with, employers from outside 

4 the local area who are likely to hire a significant 

5 number of enrollees from the Job Corps center. 

6 ‘‘(4) SPECIAL RULE FOR SINGLE LOCAL AREA

7 STATES.—In the case of a single local area State 

8 designated under section 116(b), the industry coun9 cil shall include a representative of the State 

10 Board.’’. 

11 (d) INDICATORS OF PERFORMANCE.—Section 159 

12 (29 U.S.C. 2899) is amended— 

13 (1) in subsection (c)— 

14 (A) by striking paragraph (1) and insert15 ing the following: 

16 ‘‘(1) PERFORMANCE INDICATORS.—The Sec17 retary shall annually establish expected levels of per18 formance for Job Corps centers and the Job Corps 

19 program relating to each of the core indicators of 

20 performance for youth activities identified in section 

21 136(b)(2)(A)(ii).’’; 

22 (B) in paragraph (2), by striking ‘‘meas23 ures’’ each place it appears and inserting ‘‘indi24 cators’’; and 

25 (C) in paragraph (3)— 
170 

•S 1021 IS 

1 (i) in the first sentence, by striking 

2 ‘‘core performance measures, as compared 

3 to the expected performance level for each 

4 performance measure’’ and inserting ‘‘per5 formance indicators described in paragraph 

6 (1), as compared to the expected level of 

7 performance established under paragraph 

8 (1) for each performance measure’’; and 

9 (ii) in the second sentence, by striking 

10 ‘‘measures’’ each place it appears and in11 serting ‘‘indicators’’; and 

12 (2) in subsection (f)(2), in the first sentence, by 

13 striking ‘‘core performance measures’’ and inserting 

14 ‘‘indicators of performance’’. 

15 (e) AUTHORIZATION OF APPROPRIATIONS.—Section 

16 161 (29 U.S.C. 2901) is amended by striking ‘‘1999 

17 through 2003’’ and inserting ‘‘2006 through 2011’’. 

18 Subtitle D—National Programs 

19 SEC. 141. NATIVE AMERICAN PROGRAMS. 

20 (a) ADVISORY COUNCIL.—Section 166(h)(4)(C) (29 

21 U.S.C. 2911(h)(4)(C)) is amended to read as follows: 

22 ‘‘(C) DUTIES.—The Council shall advise 

23 the Secretary on the operation and administra24 tion of the programs assisted under this sec25 tion, including the selection of the individual 
171 

•S 1021 IS 

1 appointed as head of the unit established under 

2 paragraph (1).’’. 

3 (b) ASSISTANCE TO UNIQUE POPULATIONS IN ALAS4 KA AND HAWAII.—Section 166(j) (29 U.S.C. 2911(j)) is 

5 amended to read as follows: 

6 ‘‘(j) ASSISTANCE TO UNIQUE POPULATIONS IN ALAS7 KA AND HAWAII.— 

8 ‘‘(1) IN GENERAL.—Notwithstanding any other 

9 provision of law, the Secretary is authorized to pro10 vide assistance to the Cook Inlet Tribal Council, In11 corporated, and the University of Hawaii at Maui, 

12 for the unique populations who reside in Alaska or 

13 Hawaii, to improve job training and workforce in14 vestment activities. 

15 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

16 There are authorized to be appropriated to carry out 

17 this subsection such sums as may be necessary for 

18 fiscal year 2006.’’. 

19 (c) PERFORMANCE INDICATORS.—Section 166 (29 

20 U.S.C. 2911) is amended by adding at the end the fol21 lowing: 

22 ‘‘(k) PERFORMANCE INDICATORS.— 

23 ‘‘(1) DEVELOPMENT OF INDICATORS.—The 

24 Secretary, in consultation with the Native American 

25 Employment and Training Council, shall develop a 
172 

•S 1021 IS 

1 set of performance indicators and standards which 

2 shall be applicable to programs under this section. 

3 ‘‘(2) SPECIAL CONSIDERATIONS.—Such per4 formance indicators and standards shall take into 

5 account— 

6 ‘‘(A) the purpose of this section as de7 scribed in subsection (a)(1); 

8 ‘‘(B) the needs of the groups served by this 

9 section, including the differences in needs 

10 among such groups in various geographic serv11 ice areas; and 

12 ‘‘(C) the economic circumstances of the 

13 communities served, including differences in cir14 cumstances among various geographic service 

15 areas.’’. 

16 SEC. 142. MIGRANT AND SEASONAL FARMWORKER PRO17 GRAMS. 

18 Section 167 (29 U.S.C. 2912) is amended— 

19 (1) in subsection (a), by striking ‘‘2’’ and in20 serting ‘‘2 to 4’’; 

21 (2) in subsection (b), by inserting ‘‘and deliver’’ 

22 after ‘‘administer’’; 

23 (3) in subsection (c)— 

24 (A) in paragraph (1), by striking ‘‘2-year’’ 

25 and inserting ‘‘4-year’’; 
173 

•S 1021 IS 

1 (B) in paragraph (2)— 

2 (i) in subparagraph (A)— 

3 (I) by inserting ‘‘describe the 

4 population to be served and’’ before 

5 ‘‘identify’’; and 

6 (II) by inserting ‘‘, including up7 graded employment in agriculture’’ 

8 before the semicolon; 

9 (ii) in subparagraph (B), by striking 

10 ‘‘and’’ at the end; 

11 (iii) in subparagraph (C), by striking 

12 the period and inserting a semicolon; and 

13 (iv) by adding at the end the fol14 lowing: 

15 ‘‘(D) describe the availability and accessi16 bility of local resources such as supportive serv17 ices, services provided through one-stop delivery 

18 systems, and education and training services, 

19 and how the resources can be made available to 

20 the population to be served; and 

21 ‘‘(E) describe the plan for providing serv22 ices under this section, including strategies and 

23 systems for outreach, case management, assess24 ment, and delivery through one-stop delivery 

25 systems.’’; and 
174 

•S 1021 IS 

1 (C) by striking paragraph (4) and insert2 ing the following: 

3 ‘‘(4) COMPETITION.—The competition for 

4 grants made and contracts entered into under this 

5 section shall be conducted every 2 to 4 years.’’; 

6 (4) in subsection (d), by striking ‘‘include’’ and 

7 all that follows and inserting ‘‘include outreach, em8 ployment, training, educational assistance, literary 

9 assistance, English language and literacy instruc10 tion, pesticide and worker safety training, housing 

11 (including permanent housing), supportive services, 

12 school dropout prevention activities, followup serv13 ices for those individuals placed in employment, self14 employment and related business or micro-enterprise 

15 development or education as needed by eligible indi16 viduals and as identified pursuant to the plan re17 quired by subsection (c), customized career and 

18 technical education in occupations that will lead to 

19 higher wages, enhanced benefits, and long-term em20 ployment in agriculture or another area, and tech21 nical assistance to improve coordination of services 

22 and implement best practices relating to service de23 livery through one-stop delivery systems.’’; 

24 (5) in subsection (f), by striking ‘‘take into ac25 count the economic circumstances and demographics 
175 

•S 1021 IS 

1 of eligible migrant and seasonal farmworkers.’’ and 

2 inserting ‘‘are adjusted based on the economic and 

3 demographic barriers to employment of eligible mi4 grant and seasonal farmworkers.’’; 

5 (6) in subsection (g), by striking ‘‘(enacted by 

6 the Single Audit Act of 1984)’’; 

7 (7) in subsection (h)— 

8 (A) by striking paragraph (1) and insert9 ing the following: 

10 ‘‘(1) DEPENDENT.—The term ‘dependent’, used 

11 with respect to an eligible migrant or seasonal farm12 worker, means an individual who— 

13 ‘‘(A) was claimed as a dependent on the 

14 farmworker’s Federal income tax return for the 

15 previous year; 

16 ‘‘(B) is the spouse of the farmworker; or 

17 ‘‘(C) is able to establish— 

18 ‘‘(i) a relationship as the farm19 worker’s— 

20 ‘‘(I) biological or legally adopted 

21 child, grandchild, or great-grandchild; 

22 ‘‘(II) foster child; 

23 ‘‘(III) stepchild; 
176 

•S 1021 IS 

1 ‘‘(IV) brother, sister, half-broth2 er, half-sister, stepbrother, or step3 sister; 

4 ‘‘(V) parent, grandparent, or 

5 other direct ancestor (but not foster 

6 parent); 

7 ‘‘(VI) stepfather or stepmother; 

8 ‘‘(VII) uncle or aunt; 

9 ‘‘(VIII) niece or nephew; or 

10 ‘‘(IX) father-in-law, mother-in11 law, son-in-law, daughter-in-law, 

12 brother-in-law, or sister-in-law; and 

13 ‘‘(ii) the receipt of over half of the in14 dividual’s total support from the farm15 worker’s family during the eligibility deter16 mination period for the farmworker.’’; and 

17 (B) in paragraph (4)(A)— 

18 (i) by striking ‘‘disadvantaged person’’ 

19 and inserting ‘‘low-income individual’’; and 

20 (ii) by inserting ‘‘and who faces mul21 tiple barriers to self-sufficiency’’ before the 

22 semicolon; 

23 (8) by redesignating subsection (h) as sub24 section (i); and 
177 

•S 1021 IS 

1 (9) by inserting before subsection (i) the fol2 lowing: 

3 ‘‘(h) FUNDING ALLOCATION.—From the funds ap4 propriated and made available to carry out this section, 

5 the Secretary shall reserve not more than 1 percent for 

6 discretionary purposes, such as providing technical assist7 ance to eligible entities.’’ 

8 SEC. 143. VETERANS’ WORKFORCE INVESTMENT PRO9 GRAMS. 

10 Section 168(a)(3) (29 U.S.C. 2913(a)(3)) is amend11 ed— 

12 (1) in subparagraph (A), by inserting ‘‘, includ13 ing services provided by one-stop operators and one14 stop partners’’ before the semicolon; and 

15 (2) in subparagraph (C), by striking ‘‘section 

16 134(c)’’ and inserting ‘‘section 121(e)’’. 

17 SEC. 144. YOUTH CHALLENGE GRANTS. 

18 Section 169 (29 U.S.C. 2914) is amended to read as 

19 follows: 

20 ‘‘SEC. 169. YOUTH CHALLENGE GRANTS. 

21 ‘‘(a) IN GENERAL.—Of the amounts reserved by the 

22 Secretary under section 127(b)(1)(A) for a fiscal year— 

23 ‘‘(1) the Secretary shall use not less than 80 

24 percent to award competitive grants under sub25 section (b); and 
178 

•S 1021 IS 

1 ‘‘(2) the Secretary may use not more than 20 

2 percent to award competitive grants under sub3 section (c). 

4 ‘‘(b) COMPETITIVE GRANTS TO STATES AND LOCAL

5 AREAS.— 

6 ‘‘(1) ESTABLISHMENT.—From the funds de7 scribed in subsection (a)(1), the Secretary shall 

8 award competitive grants to eligible entities to carry 

9 out activities authorized under this subsection to as10 sist eligible youth in acquiring the skills, credentials, 

11 and employment experience necessary to achieve the 

12 performance outcomes for youth described in section 

13 136. 

14 ‘‘(2) ELIGIBLE ENTITY.—In this subsection, the 

15 term ‘eligible entity’ means— 

16 ‘‘(A) a State or consortium of States; 

17 ‘‘(B) a local board or consortium of local 

18 boards; 

19 ‘‘(C) a recipient of a grant under section 

20 166 (relating to Native American programs); or 

21 ‘‘(D) a public or private entity (including 

22 a consortium of such entities) with expertise in 

23 the provision of youth activities, applying in 

24 partnership with a local board or consortium of 

25 local boards. 
179 

•S 1021 IS 

1 ‘‘(3) APPLICATIONS.—To be eligible to receive a 

2 grant under this subsection, an eligible entity shall 

3 submit an application to the Secretary at such time, 

4 in such manner, and containing such information as 

5 the Secretary may require, including— 

6 ‘‘(A) a description of the activities the eli7 gible entity will provide to eligible youth under 

8 this subsection, and how the eligible entity will 

9 collaborate with State and local workforce in10 vestment systems established under this title in 

11 the provision of such activities; 

12 ‘‘(B) a description of the programs of dem13 onstrated effectiveness on which the provision 

14 of the activities under subparagraph (A) are 

15 based, and a description of how such activities 

16 will expand the base of knowledge relating to 

17 the provision of activities for youth; 

18 ‘‘(C) a description of the State, local, and 

19 private resources that will be leveraged to pro20 vide the activities described under subparagraph 

21 (A) in addition to funds provided under this 

22 subsection, and a description of the extent of 

23 the involvement of employers in the activities; 

24 ‘‘(D) the levels of performance the eligible 

25 entity expects to achieve with respect to the in-
180 

•S 1021 IS 

1 dicators of performance for youth specified in 

2 section 136(b)(2)(A)(ii); and 

3 ‘‘(E) an assurance that the State board of 

4 each State in which the proposed activities are 

5 to be carried out had the opportunity to review 

6 the application, and including the comments, if 

7 any, of the affected State boards on the appli8 cation, except that this subparagraph shall not 

9 apply to an eligible entity described in para10 graph (2)(C). 

11 ‘‘(4) FACTORS FOR AWARD.— 

12 ‘‘(A) IN GENERAL.—In awarding grants 

13 under this subsection the Secretary shall con14 sider— 

15 ‘‘(i) the quality of the proposed activi16 ties; 

17 ‘‘(ii) the goals to be achieved; 

18 ‘‘(iii) the likelihood of successful im19 plementation; 

20 ‘‘(iv) the extent to which the proposed 

21 activities are based on proven strategies or 

22 the extent to which the proposed activities 

23 will expand the base of knowledge relating 

24 to the provision of activities for eligible 

25 youth; 
181 

•S 1021 IS 

1 ‘‘(v) the extent of collaboration with 

2 the State and local workforce investment 

3 systems in carrying out the proposed ac4 tivities; 

5 ‘‘(vi) the extent of employer involve6 ment in the proposed activities; 

7 ‘‘(vii) whether there are other Federal 

8 and non-Federal funds available for similar 

9 activities to the proposed activities, and the 

10 additional State, local, and private re11 sources that will be provided to carry out 

12 the proposed activities; 

13 ‘‘(viii) the quality of the proposed ac14 tivities in meeting the needs of the eligible 

15 youth to be served; and 

16 ‘‘(ix) the extent to which the proposed 

17 activities will expand on services provided 

18 under section 127. 

19 ‘‘(B) EQUITABLE GEOGRAPHIC DISTRIBU20 TION.—In awarding grants under this sub21 section the Secretary shall ensure an equitable 

22 distribution of such grants across geographi23 cally diverse areas. 

24 ‘‘(5) USE OF FUNDS.— 
182 

•S 1021 IS 

1 ‘‘(A) IN GENERAL.—An eligible entity that 

2 receives a grant under this subsection shall use 

3 the grant funds to carry out activities that are 

4 designed to assist youth in acquiring the skills, 

5 credentials, and employment experience that are 

6 necessary to succeed in the labor market, in7 cluding the activities identified in section 129. 

8 ‘‘(B) ACTIVITIES.—The activities carried 

9 out pursuant to subparagraph (A) may include 

10 the following: 

11 ‘‘(i) Training and internships for out12 of-school youth in sectors of the economy 

13 experiencing, or projected to experience, 

14 high growth. 

15 ‘‘(ii) Dropout prevention activities for 

16 in-school youth. 

17 ‘‘(iii) Activities designed to assist spe18 cial youth populations, such as court-in19 volved youth and youth with disabilities. 

20 ‘‘(iv) Activities combining remediation 

21 of academic skills, work readiness training, 

22 and work experience, and including link23 ages to postsecondary education, appren24 ticeships, and career-ladder employment. 
183 

•S 1021 IS 

1 ‘‘(v) Activities, including work experi2 ence, paid internships, and entrepreneurial 

3 training, in areas where there is a migra4 tion of youth out of the areas. 

5 ‘‘(C) PARTICIPANT ELIGIBILITY.—Youth 

6 who are 14 years of age through 21 years of 

7 age, as of the time the eligibility determination 

8 is made, may be eligible to participate in activi9 ties carried out under this subsection. 

10 ‘‘(6) GRANT PERIOD.—The Secretary shall 

11 make a grant under this subsection for a period of 

12 2 years and may renew the grant, if the eligible enti13 ty has performed successfully, for a period of not 

14 more than 3 succeeding years. 

15 ‘‘(7) MATCHING FUNDS REQUIRED.—The Sec16 retary shall require that an eligible entity that re17 ceives a grant under this subsection provide non18 Federal matching funds in an amount to be deter19 mined by the Secretary that is not less than 10 per20 cent of the cost of activities carried out under the 

21 grant. The Secretary may require that such non22 Federal matching funds be provided in cash re23 sources, noncash resources, or a combination of cash 

24 and noncash resources. 
184 

•S 1021 IS 

1 ‘‘(8) EVALUATION.—The Secretary shall reserve 

2 not more than 3 percent of the funds described in 

3 subsection (a)(1) to provide technical assistance to, 

4 and conduct evaluations of (using appropriate tech5 niques as described in section 172(c)), the projects 

6 funded under this subsection. 

7 ‘‘(c) COMPETITIVE FIRST JOBS FOR YOUTH.— 

8 ‘‘(1) ELIGIBLE ENTITY.—In this subsection, the 

9 term ‘eligible entity’ means a consortium that— 

10 ‘‘(A) shall include— 

11 ‘‘(i)(I) a State board; or 

12 ‘‘(II) a local board; and 

13 ‘‘(ii) a consortium of businesses, in14 cluding small businesses; and 

15 ‘‘(B) may include 1 or more— 

16 ‘‘(i) local educational agencies; 

17 ‘‘(ii) institutions of higher education; 

18 ‘‘(iii) business intermediaries; 

19 ‘‘(iv) community-based organizations; 

20 or 

21 ‘‘(v) apprenticeship programs. 

22 ‘‘(2) AUTHORIZATION.—From the funds de23 scribed in subsection (a)(2), the Secretary may 

24 award grants to eligible entities to provide activities 
185 

•S 1021 IS 

1 that will assist youth in preparing for, entering, and 

2 retaining employment. 

3 ‘‘(3) APPLICATIONS.—To be eligible to receive a 

4 grant under this subsection, an eligible entity shall 

5 submit an application to the Secretary at such time, 

6 in such manner, and containing such information as 

7 the Secretary may require, including— 

8 ‘‘(A) a description of the area to be served, 

9 including information demonstrating that the 

10 area has— 

11 ‘‘(i) high unemployment among indi12 viduals ages 16 through 21; 

13 ‘‘(ii) high unemployment among youth 

14 who are individuals with disabilities; or 

15 ‘‘(iii) high job loss; 

16 ‘‘(B) a description of the proposed pro17 gram, including activities, compensation, and 

18 expected outcomes; 

19 ‘‘(C) an assurance that the participating 

20 employers in the proposed program are located 

21 in the local area to be served, and a demonstra22 tion of the commitment of the participating em23 ployers to hire individuals who— 

24 ‘‘(i) have successfully completed the 

25 program; or 
186 

•S 1021 IS 

1 ‘‘(ii) continue to work in the program; 

2 ‘‘(D) demographic information about the 

3 targeted populations to be served by the pro4 posed program, including gender, age, and race; 

5 ‘‘(E) a description of how the proposed 

6 program will address the barriers to employ7 ment of the targeted populations; 

8 ‘‘(F) a description of the manner in which 

9 the eligible entity will evaluate the program; 

10 and 

11 ‘‘(G) a description of the ability of the eli12 gible entity to carry out and expand the pro13 gram after the expiration of the grant period. 

14 ‘‘(4) EQUITABLE DISTRIBUTION TO RURAL

15 AREAS.—In awarding grants under this subsection, 

16 the Secretary shall ensure an equitable distribution 

17 of such grants to rural areas. 

18 ‘‘(5) USE OF FUNDS.— 

19 ‘‘(A) IN GENERAL.—An eligible entity that 

20 receives a grant under this subsection shall use 

21 the grant funds to carry out— 

22 ‘‘(i) activities that will assist youth in 

23 preparing for, entering, and retaining em24 ployment, including the activities described 

25 in section 129 for out-of-school youth; 
187 

•S 1021 IS 

1 ‘‘(ii) activities designed to strengthen 

2 academic skills that would assist— 

3 ‘‘(I) in-school participants to be 

4 successful in secondary school and 

5 continue such participants’ education; 

6 and 

7 ‘‘(II) out-of-school youth to earn 

8 a high school diploma or its recog9 nized equivalent, or prepare for post10 secondary programs; 

11 ‘‘(iii) activities designed to assist 

12 youth in economically distressed areas; 

13 ‘‘(iv) subsidized employment for not 

14 more than 9 months that provides direct 

15 experience in a sector that has opportuni16 ties for full-time employment; 

17 ‘‘(v) career and academic advisement, 

18 activities to promote financial literacy and 

19 the attainment of entrepreneurial skills, 

20 and labor market information on high-skill, 

21 high-wage, and nontraditional occupations; 

22 and 

23 ‘‘(vi) such other activities as the Sec24 retary determines are appropriate to en-
188 

•S 1021 IS 

1 sure that youth entering the workforce 

2 have the skills needed by employers. 

3 ‘‘(B) PARTICIPANT ELIGIBILITY.—An indi4 vidual who is not younger than 16 years of age 

5 and not older than 21 years of age, as of the 

6 time the eligibility determination is made, who 

7 face barriers to employment, including an indi8 vidual who is an individual with a disability, 

9 may be eligible to participate in activities under 

10 this subsection. 

11 ‘‘(6) SPECIAL RULE.—An eligible entity that re12 ceives a grant under this subsection shall coordinate 

13 activities with the designated State agency (as de14 fined in section 7 of the Rehabilitation Act of 1973 

15 (29 U.S.C. 705)) and other appropriate State agen16 cies in the State to be served. 

17 ‘‘(7) MATCHING FUNDS REQUIRED.—The Sec18 retary shall require that an eligible entity that re19 ceives a grant under this subsection provide non20 Federal matching funds in an amount to be deter21 mined by the Secretary that is not less than 10 per22 cent of the cost of activities carried out under the 

23 grant. The Secretary may require that such non24 Federal matching funds be provided in cash re-
189 

•S 1021 IS 

1 sources, noncash resources, or a combination of cash 

2 and noncash resources. 

3 ‘‘(8) EVALUATIONS.—The Secretary may re4 quire that an eligible entity that receives a grant 

5 under this subsection participate in an evaluation of 

6 activities carried out under this subsection, including 

7 an evaluation using the techniques described in sec8 tion 172(c).’’. 

9 SEC. 145. TECHNICAL ASSISTANCE. 

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

11 (1) in subsection (a)(1), by— 

12 (A) inserting ‘‘the training of staff pro13 viding rapid response services, the training of 

14 other staff of recipients of funds under this 

15 title, the training of members of State boards 

16 and local boards, peer review activities under 

17 this title,’’ after ‘‘localities,’’; and 

18 (B) striking ‘‘from carrying out activities’’ 

19 and all that follows through the period and in20 serting ‘‘to implement the amendments made by 

21 the Workforce Investment Act Amendments of 

22 2005.’’; 

23 (2) in subsection (a)(2), by adding at the end 

24 the following: ‘‘The Secretary shall also hire staff 
190 

•S 1021 IS 

1 qualified to provide the assistance described in para2 graph (1).’’; 

3 (3) in subsection (b)(2), by striking the last 

4 sentence and inserting ‘‘Such projects shall be ad5 ministered by the Employment and Training Admin6 istration.’’; and 

7 (4) by adding at the end the following: 

8 ‘‘(c) BEST PRACTICES COORDINATION.—The Sec9 retary shall— 

10 ‘‘(1) establish a system through which States 

11 may share information regarding best practices with 

12 regard to the operation of workforce investment ac13 tivities under this Act; 

14 ‘‘(2) evaluate and disseminate information re15 garding best practices and identify knowledge gaps; 

16 and 

17 ‘‘(3) commission research under section 171(c) 

18 to address knowledge gaps identified under para19 graph (2).’’. 

20 SEC. 146. DEMONSTRATION, PILOT, MULTISERVICE, RE21 SEARCH, AND MULTISTATE PROJECTS. 

22 (a) DEMONSTRATION AND PILOT PROJECTS.—Sec23 tion 171(b) (29 U.S.C. 2916(b)) is amended— 

24 (1) in paragraph (1)— 
191 

•S 1021 IS 

1 (A) by striking ‘‘Under a’’ and inserting 

2 ‘‘Consistent with the priorities specified in the’’; 

3 (B) by striking subparagraphs (A) through 

4 (E) and inserting the following: 

5 ‘‘(A) projects that assist national employ6 ers in connecting with the workforce investment 

7 system established under this title in order to 

8 facilitate the recruitment and employment of 

9 needed workers for career ladder jobs and to 

10 provide information to such system on skills 

11 and occupations in demand; 

12 ‘‘(B) projects that promote the develop13 ment of systems that will improve the maximum 

14 effectiveness of programs carried out under this 

15 title; 

16 ‘‘(C) projects that focus on opportunities 

17 for employment in industries and sectors of in18 dustries that are experiencing, or are likely to 

19 experience, high rates of growth and jobs with 

20 wages leading to self-sufficiency; 

21 ‘‘(D) computerized, individualized, self22 paced training projects targeted to dislocated, 

23 disadvantaged, or incumbent workers utilizing 

24 equipment and curriculum designed in partner25 ship with industries for employment in the op-
192 

•S 1021 IS 

1 erations, repair, and maintenance of high-tech 

2 equipment that is used in integrated systems 

3 technology; 

4 ‘‘(E) projects carried out by States and 

5 local areas to test innovative approaches to de6 livering employment-related services;’’; 

7 (C) in subparagraph (G), by striking 

8 ‘‘and’’ after the semicolon; and 

9 (D) by striking subparagraph (H) and in10 serting the following: 

11 ‘‘(H) projects that provide retention 

12 grants, which shall— 

13 ‘‘(i) be made to qualified job training 

14 programs offering instruction, assessment, 

15 or professional coaching, upon placement 

16 of a low-income individual trained by the 

17 program involved in employment with an 

18 employer and retention of the low-income 

19 individual in that employment with that 

20 employer for a period of 1 year, if that em21 ployment provides the low-income indi22 vidual with an annual salary— 

23 ‘‘(I) that is at least $10,000 

24 more than the individual’s federally 
193 

•S 1021 IS 

1 adjusted income for the previous year; 

2 and 

3 ‘‘(II) that is not less than twice 

4 the poverty line applicable to the indi5 vidual; and 

6 ‘‘(ii) be made taking into account the 

7 economic benefit received by the Federal 

8 Government from the employment and re9 tention of the individual, including the eco10 nomic benefit from tax revenue and de11 creased public subsidies; 

12 ‘‘(I) targeted innovation projects that im13 prove access to and delivery of employment and 

14 training services, with emphasis given to 

15 projects that incorporate advanced technologies 

16 to facilitate the connection of individuals to the 

17 information and tools the individuals need to 

18 upgrade skills; 

19 ‘‘(J) projects that promote the use of dis20 tance learning, enabling students to take 

21 courses through the use of media technology 

22 such as videos, teleconferencing computers, and 

23 the Internet; and 

24 ‘‘(K) projects that provide comprehensive 

25 education and training services, and support 
194 

•S 1021 IS 

1 services, in coordination with local boards, for 

2 populations in targeted high poverty areas 

3 where the greatest barriers to employment 

4 exist, including ex-offenders, out-of-school 

5 youth, and public assistance recipient popu6 lations.’’; and 

7 (2) in paragraph (2)— 

8 (A) by striking subparagraph (B); and 

9 (B) by redesignating subparagraph (C) as 

10 subparagraph (B). 

11 (b) MULTISERVICE PROJECTS.—Section 

12 171(c)(2)(B) (29 U.S.C. 2916(c)(2)(B)) is amended to 

13 read as follows: 

14 ‘‘(B) STUDIES AND REPORTS.— 

15 ‘‘(i) NET IMPACT STUDIES AND RE16 PORTS.— 

17 ‘‘(I) IN GENERAL.—The Sec18 retary, in coordination with the Sec19 retary of Education, shall conduct 

20 studies to determine the net impacts 

21 of, including best practices of, pro22 grams, services, and activities carried 

23 out under this title. 

24 ‘‘(II) REPORTS.—The Secretary 

25 shall prepare and disseminate to the 
195 

•S 1021 IS 

1 public reports containing the results 

2 of the studies conducted under sub3 clause (I). 

4 ‘‘(ii) STUDY ON RESOURCES AVAIL5 ABLE TO ASSIST OUT-OF-SCHOOL

6 YOUTH.—The Secretary, in coordination 

7 with the Secretary of Education, may con8 duct a study examining the resources avail9 able at the Federal, State, and local levels 

10 to assist out-of-school youth in obtaining 

11 the skills, credentials, and work experience 

12 necessary to become successfully employed, 

13 including the availability of funds provided 

14 through average daily attendance and 

15 other methodologies used by States and 

16 local areas to distribute funds. 

17 ‘‘(iii) STUDY OF INDUSTRY-BASED

18 CERTIFICATION AND CREDENTIALS.— 

19 ‘‘(I) IN GENERAL.—The Sec20 retary shall conduct a study con21 cerning the role and benefits of 

22 credentialing and certification to busi23 nesses and workers in the economy 

24 and the implications of certification to 

25 the services provided through the 
196 

•S 1021 IS 

1 workforce investment system. The 

2 study may examine issues such as— 

3 ‘‘(aa) the characteristics of 

4 successful credentialing and cer5 tification systems that serve busi6 ness and individual needs; 

7 ‘‘(bb) the relative propor8 tions of certificates and creden9 tials attained with assistance 

10 from the public sector, with pri11 vate-sector training of new hires 

12 or incumbent workers, and by in13 dividuals on their own initiative 

14 without other assistance, respec15 tively; 

16 ‘‘(cc) the return on human 

17 capital investments from occupa18 tional credentials and industry19 based skill certifications, includ20 ing the extent to which acquisi21 tion of such credentials or certifi22 cates enhances outcomes such as 

23 entry into employment, retention, 

24 earnings (including the number 

25 and amount of wage increases), 
197 

•S 1021 IS 

1 career advancement, and layoff 

2 aversion; 

3 ‘‘(dd) the implications of the 

4 effects of skill certifications and 

5 credentials to the types and deliv6 ery of services provided through 

7 the workforce investment system; 

8 ‘‘(ee) the role that Federal 

9 and State governments play in 

10 fostering the development of and 

11 disseminating credentials and 

12 skill standards; and 

13 ‘‘(ff) the use of credentials 

14 by businesses to achieve goals for 

15 workforce skill upgrading and 

16 greater operating efficiency. 

17 ‘‘(II) REPORT TO CONGRESS.— 

18 The Secretary shall prepare and sub19 mit to Congress a report containing 

20 the results of the study conducted 

21 pursuant to subclause (I). Such report 

22 may include any recommendations 

23 that the Secretary determines are ap24 propriate to include in such report re25 lating to promoting the acquisition of 
198 

•S 1021 IS 

1 industry-based certification and cre2 dentials, and the appropriate role of 

3 the Department of Labor and the 

4 workforce investment system in sup5 porting the needs of business and in6 dividuals with respect to such certifi7 cation and credentials. 

8 ‘‘(iv) STUDY OF EFFECTIVENESS OF

9 WORKFORCE INVESTMENT SYSTEM IN

10 MEETING BUSINESS NEEDS.— 

11 ‘‘(I) IN GENERAL.—Using funds 

12 available to carry out this section 

13 jointly with funds available to the Sec14 retary of Commerce and Adminis15 trator of the Small Business Adminis16 tration, the Secretary, in coordination 

17 with the Secretary of Commerce and 

18 the Administrator of the Small Busi19 ness Administration, may conduct a 

20 study of the effectiveness of the work21 force investment system in meeting 

22 the needs of business, with particular 

23 attention to the needs of small busi24 ness, including in assisting workers to 

25 obtain the skills needed to utilize 
199 

•S 1021 IS 

1 emerging technologies. In conducting 

2 the study, the Secretary, in coordina3 tion with the Secretary of Commerce 

4 and the Administrator of the Small 

5 Business Administration, may exam6 ine issues such as— 

7 ‘‘(aa) methods for identi8 fying the workforce needs of 

9 businesses and how the require10 ments of small businesses may 

11 differ from larger establishments; 

12 ‘‘(bb) business satisfaction 

13 with the workforce investment 

14 system, with particular emphasis 

15 on the satisfaction of small busi16 nesses; 

17 ‘‘(cc) the extent to which 

18 business is engaged as a collabo19 rative partner in the workforce 

20 investment system, including the 

21 extent of business involvement as 

22 members of State boards and 

23 local boards, and the extent to 

24 which such boards and one-stop 

25 centers effectively collaborate 
200 

•S 1021 IS 

1 with business and industry lead2 ers in developing workforce in3 vestment strategies, including 

4 strategies to identify high growth 

5 opportunities; 

6 ‘‘(dd) ways in which the 

7 workforce investment system ad8 dresses changing skill needs of 

9 business that result from changes 

10 in technology and work processes; 

11 ‘‘(ee) promising practices for 

12 serving small businesses; 

13 ‘‘(ff) the extent and manner 

14 in which the workforce invest15 ment system uses technology to 

16 serve business and individual 

17 needs, and how uses of tech18 nology could enhance efficiency 

19 and effectiveness in providing 

20 services; and 

21 ‘‘(gg) the extent to which 

22 various segments of the labor 

23 force have access to and utilize 

24 technology to locate job openings 

25 and apply for jobs, and charac-
201 

•S 1021 IS 

1 teristics of individuals utilizing 

2 such technology (such as age, 

3 gender, race or ethnicity, indus4 try sector, and occupational 

5 groups). 

6 ‘‘(II) REPORT TO CONGRESS.— 

7 The Secretary shall prepare and sub8 mit to Congress a report containing 

9 the results of the study described in 

10 subclause (I). Such report may in11 clude any recommendations the Sec12 retary determines are appropriate to 

13 include in such report, including ways 

14 to enhance the effectiveness of the 

15 workforce investment system in meet16 ing the needs of business for skilled 

17 workers.’’. 

18 (c) ADMINISTRATION.—Section 171(d) (29 U.S.C. 

19 2916(d)) is amended by striking the last sentence and in20 serting the following: ‘‘Such projects shall be administered 

21 by the Employment and Training Administration.’’. 

22 (d) NEXT GENERATION TECHNOLOGIES.—Section 

23 171 (29 U.S.C. 2916) is amended by adding at the end 

24 the following: 

25 ‘‘(e) SKILL CERTIFICATION PILOT PROJECTS.— 
202 

•S 1021 IS 

1 ‘‘(1) PILOT PROJECTS.—In accordance with 

2 subsection (b) and from funds appropriated pursu3 ant to paragraph (10), the Secretary shall establish 

4 and carry out not more than 10 pilot projects to es5 tablish a system of industry-validated national cer6 tifications of skills, including— 

7 ‘‘(A) not more than 8 national certifi8 cations of skills in high-technology industries, 

9 including biotechnology, telecommunications, 

10 highly automated manufacturing (including 

11 semiconductors), nanotechnology, and energy 

12 technology; and 

13 ‘‘(B) not more than 2 cross-disciplinary 

14 national certifications of skills in homeland se15 curity technology. 

16 ‘‘(2) GRANTS TO ELIGIBLE ENTITIES.—In car17 rying out the pilot projects, the Secretary shall make 

18 grants to eligible entities, for periods of not less 

19 than 36 months and not more than 48 months, to 

20 carry out the authorized activities described in para21 graph (7) with respect to the certifications described 

22 in paragraph (1). In awarding grants under this 

23 subsection the Secretary shall take into consider24 ation awarding grants to eligible entities from di25 verse geographic areas, including rural areas. 
203 

•S 1021 IS 

1 ‘‘(3) ELIGIBLE ENTITIES.— 

2 ‘‘(A) DEFINITION OF ELIGIBLE ENTITY.— 

3 In this subsection the term ‘eligible entity’ 

4 means an entity that shall work in conjunction 

5 with a local board and shall include as a prin6 cipal participant 1 or more of the following: 

7 ‘‘(i) An educational institution, includ8 ing a 2- or 4-year college, or a technical or 

9 vocational school. 

10 ‘‘(ii) An advanced technology edu11 cation center. 

12 ‘‘(iii) A local board. 

13 ‘‘(iv) A representative of a business in 

14 a target industry for the certification in15 volved. 

16 ‘‘(v) A representative of an industry 

17 association, labor organization, or commu18 nity development organization. 

19 ‘‘(B) HISTORY OF DEMONSTRATED CAPA20 BILITY REQUIRED.—To be eligible to receive a 

21 grant under this subsection, an eligible entity 

22 shall have a history of demonstrated capability 

23 for effective collaboration with industry on 

24 workforce investment activities that is con25 sistent with the objectives of this title. 
204 

•S 1021 IS 

1 ‘‘(4) APPLICATIONS.—To be eligible to receive a 

2 grant under this subsection, an eligible entity shall 

3 submit an application to the Secretary at such time, 

4 in such manner, and containing such information as 

5 the Secretary may require. 

6 ‘‘(5) CRITERIA.—The Secretary shall establish 

7 criteria, consistent with paragraph (6), for awarding 

8 grants under this subsection. 

9 ‘‘(6) PRIORITY.—In selecting eligible entities to 

10 receive grants under this subsection, the Secretary 

11 shall give priority to eligible entities that dem12 onstrate the availability of and ability to provide 

13 matching funds from industry or nonprofit sources. 

14 Such matching funds may be provided in cash or in 

15 kind. 

16 ‘‘(7) AUTHORIZED ACTIVITIES.— 

17 ‘‘(A) IN GENERAL.—An eligible entity that 

18 receives a grant under this subsection shall use 

19 the funds made available through the grant— 

20 ‘‘(i) to facilitate the establishment of 

21 certification requirements for a certifi22 cation described in paragraph (1) for an 

23 industry; 

24 ‘‘(ii) to develop and initiate a certifi25 cation program that includes preparatory 
205 

•S 1021 IS 

1 courses, course materials, procedures, and 

2 examinations, for the certification; and 

3 ‘‘(iii) to collect and analyze data re4 lated to the program at the program’s 

5 completion, and to identify best practices 

6 (consistent with paragraph (8)) that may 

7 be used by State and local workforce in8 vestment boards in the future. 

9 ‘‘(B) BASIS FOR REQUIREMENTS.—The 

10 certification requirements established under the 

11 grant shall be based on applicable skill stand12 ards for the industry involved that have been 

13 developed by or linked to national centers of ex14 cellence under the National Science Founda15 tion’s Advanced Technological Education Pro16 gram. The requirements shall require an indi17 vidual to demonstrate an identifiable set of 

18 competencies relevant to the industry in order 

19 to receive certification. The requirements shall 

20 be designed to provide evidence of a transfer21 able skill set that allows flexibility and mobility 

22 of workers within a high technology industry. 

23 ‘‘(C) RELATIONSHIP TO TRAINING AND

24 EDUCATION PROGRAMS.—The eligible entity 

25 shall ensure that— 
206 

•S 1021 IS 

1 ‘‘(i) a training and education program 

2 related to competencies for the industry in3 volved, that is flexible in mode and time4 frame for delivery and that meets the 

5 needs of those seeking the certification, is 

6 offered; and 

7 ‘‘(ii) the certification program is of8 fered at the completion of the training and 

9 education program. 

10 ‘‘(D) RELATIONSHIP TO THE ASSOCIATE

11 DEGREE.—The eligible entity shall ensure that 

12 the certification program is consistent with the 

13 requirements for a 2-year associate degree. 

14 ‘‘(E) AVAILABILITY.—The eligible entity 

15 shall ensure that the certification program is 

16 open to students pursuing associate degrees, 

17 employed workers, and displaced workers. 

18 ‘‘(8) CONSULTATION.—The Secretary shall con19 sult with the Director of the National Science Foun20 dation to ensure that the pilot projects build on the 

21 expertise and information about best practices 

22 gained through the implementation of the National 

23 Science Foundation’s Advanced Technological Edu24 cation Program. 
207 

•S 1021 IS 

1 ‘‘(9) CORE COMPONENTS; GUIDELINES; RE2 PORTS.—After collecting and analyzing the data ob3 tained from the pilot programs, the Secretary 

4 shall— 

5 ‘‘(A) establish the core components of a 

6 model high-technology certification program; 

7 ‘‘(B) establish guidelines to assure develop8 ment of a uniform set of standards and policies 

9 for such programs; 

10 ‘‘(C) prepare and submit a report on the 

11 pilot projects to the Committee on Health, Edu12 cation, Labor, and Pensions of the Senate and 

13 the Committee on Education and the Workforce 

14 of the House of Representatives; and 

15 ‘‘(D) make available to the public both the 

16 data and the report. 

17 ‘‘(10) AUTHORIZATION OF APPROPRIATIONS.— 

18 In addition to amounts authorized to be appro19 priated under section 174(b), there is authorized to 

20 be appropriated $30,000,000 for fiscal year 2006 to 

21 carry out this subsection.’’. 

22 (e) INTEGRATED WORKFORCE TRAINING PROGRAMS

23 FOR ADULTS WITH LIMITED ENGLISH PROFICIENCY.— 

24 Section 171 (29 U.S.C. 2916), as amended by subsection 

25 (d), is further amended by adding at the end the following: 
208 

•S 1021 IS 

1 ‘‘(f) INTEGRATED WORKFORCE TRAINING PROGRAMS

2 FOR ADULTS WITH LIMITED ENGLISH PROFICIENCY.— 

3 ‘‘(1) DEFINITIONS.—In this subsection: 

4 ‘‘(A) INTEGRATED WORKFORCE TRAIN5 ING.—The term ‘integrated workforce training’ 

6 means training that integrates occupational 

7 skills training with language acquisition. 

8 ‘‘(B) SECRETARY.—The term ‘Secretary’ 

9 means the Secretary of Labor in consultation 

10 with the Secretary of Education. 

11 ‘‘(2) DEMONSTRATION PROJECT.—In accord12 ance with subsection (b) and from funds appro13 priated pursuant to paragraph (11), the Secretary 

14 shall establish and implement a national demonstra15 tion project designed to both analyze and provide 

16 data on workforce training programs that integrate 

17 English language acquisition and occupational train18 ing. 

19 ‘‘(3) GRANTS.— 

20 ‘‘(A) IN GENERAL.—In carrying out the 

21 demonstration project, the Secretary shall make 

22 not less than 10 grants, on a competitive basis, 

23 to eligible entities to provide the integrated 

24 workforce training programs. In awarding 

25 grants under this subsection the Secretary shall 
209 

•S 1021 IS 

1 take into consideration awarding grants to eligi2 ble entities from diverse geographic areas, in3 cluding rural areas. 

4 ‘‘(B) PERIODS.—The Secretary shall make 

5 the grants for periods of not less than 24 

6 months and not more than 48 months. 

7 ‘‘(4) ELIGIBLE ENTITIES.— 

8 ‘‘(A) IN GENERAL.—To be eligible to re9 ceive a grant under this subsection, an eligible 

10 entity shall work in conjunction with a local 

11 board and shall include as a principal partici12 pant 1 or more of the following: 

13 ‘‘(i) An employer or employer associa14 tion. 

15 ‘‘(ii) A nonprofit provider of English 

16 language instruction. 

17 ‘‘(iii) A provider of occupational or 

18 skills training. 

19 ‘‘(iv) A community-based organiza20 tion. 

21 ‘‘(v) An educational institution, in22 cluding a 2- or 4-year college, or a tech23 nical or vocational school. 

24 ‘‘(vi) A labor organization. 

25 ‘‘(vii) A local board. 
210 

•S 1021 IS 

1 ‘‘(B) EXPERTISE.—To be eligible to re2 ceive a grant under this subsection, an eligible 

3 entity shall have proven expertise in— 

4 ‘‘(i) serving individuals with limited 

5 English proficiency, including individuals 

6 with lower levels of oral and written 

7 English; and 

8 ‘‘(ii) providing workforce programs 

9 with training and English language in10 struction. 

11 ‘‘(5) APPLICATIONS.— 

12 ‘‘(A) IN GENERAL.—To be eligible to re13 ceive a grant under this subsection, an eligible 

14 entity shall submit an application to the Sec15 retary at such time, in such manner, and con16 taining such information as the Secretary may 

17 require. 

18 ‘‘(B) CONTENTS.—Each application sub19 mitted under subparagraph (A) shall— 

20 ‘‘(i) contain information, including ca21 pability statements, that demonstrates that 

22 the eligible entity has the expertise de23 scribed in paragraph (4)(B); and 

24 ‘‘(ii) include an assurance that the 

25 program to be assisted shall— 
211 

•S 1021 IS 

1 ‘‘(I) establish a generalized adult 

2 bilingual workforce training and edu3 cation model that integrates English 

4 language acquisition and occupational 

5 training, and incorporates the unique 

6 linguistic and cultural factors of the 

7 participants; 

8 ‘‘(II) establish a framework by 

9 which the employer, employee, and 

10 other relevant members of the eligible 

11 entity can create a career development 

12 and training plan that assists both the 

13 employer and the employee to meet 

14 their long-term needs; 

15 ‘‘(III) ensure that the framework 

16 established under subclause (II) takes 

17 into consideration the knowledge, 

18 skills, and abilities of the employee 

19 with respect to both the current and 

20 economic conditions of the employer 

21 and future labor market conditions 

22 relevant to the local area; and 

23 ‘‘(IV) establish identifiable meas24 ures so that the progress of the em25 ployee and employer and the relative 
212 

•S 1021 IS 

1 efficacy of the program can be evalu2 ated and best practices identified. 

3 ‘‘(6) CRITERIA.—The Secretary shall establish 

4 criteria for awarding grants under this subsection. 

5 ‘‘(7) INTEGRATED WORKFORCE TRAINING PRO6 GRAMS.— 

7 ‘‘(A) PROGRAM COMPONENTS.— 

8 ‘‘(i) REQUIRED COMPONENTS.—Each 

9 program that receives funding under this 

10 subsection shall— 

11 ‘‘(I) test an individual’s English 

12 language proficiency levels to assess 

13 oral and literacy gains from the begin14 ning and throughout program enroll15 ment; 

16 ‘‘(II) combine training specific to 

17 a particular occupation or occupa18 tional cluster, with— 

19 ‘‘(aa) English language in20 struction, such as instruction 

21 through an English as a Second 

22 Language program, or an 

23 English for Speakers of Other 

24 Languages program; 
213 

•S 1021 IS 

1 ‘‘(bb) basic skills instruc2 tion; and 

3 ‘‘(cc) supportive services; 

4 ‘‘(III) effectively integrate public 

5 and private sector entities, including 

6 the local workforce investment system 

7 and its functions, to achieve the goals 

8 of the program; and 

9 ‘‘(IV) require matching or in10 kind resources from private and non11 profit entities. 

12 ‘‘(ii) PERMISSIBLE COMPONENTS.— 

13 The program may offer other services, as 

14 necessary to promote successful participa15 tion and completion, including work-based 

16 learning, substance abuse treatment, and 

17 mental health services. 

18 ‘‘(B) GOAL.—Each program that receives 

19 funding under this subsection shall be designed 

20 to prepare limited English proficient adults for, 

21 and place such adults in employment in, grow22 ing industries with identifiable career ladder 

23 paths. 

24 ‘‘(C) PROGRAM TYPES.—In selecting pro25 grams to receive funding under this subsection, 
214 

•S 1021 IS 

1 the Secretary shall select programs that meet 1 

2 or more of the following criteria: 

3 ‘‘(i) A program that— 

4 ‘‘(I) serves unemployed, limited 

5 English proficient individuals with sig6 nificant work experience or substan7 tial education but persistently low 

8 wages; and 

9 ‘‘(II) aims to prepare such indi10 viduals for, and place such individuals 

11 in, higher paying employment, defined 

12 for purposes of this subparagraph as 

13 employment that provides at least 75 

14 percent of the median wage in the 

15 local area. 

16 ‘‘(ii) A program that— 

17 ‘‘(I) serves limited English pro18 ficient individuals with lower levels of 

19 oral and written fluency, who are 

20 working but at persistently low wages; 

21 and 

22 ‘‘(II) aims to prepare such indi23 viduals for, and place such individuals 

24 in, higher paying employment, 

25 through services provided at the work-
215 

•S 1021 IS 

1 site, or at a location central to several 

2 work sites, during work hours. 

3 ‘‘(iii) A program that— 

4 ‘‘(I) serves unemployed, limited 

5 English proficient individuals with 

6 lower levels of oral and written flu7 ency, who have little or no work expe8 rience; and 

9 ‘‘(II) aims to prepare such indi10 viduals for, and place such individuals 

11 in, employment through services that 

12 include subsidized employment, in ad13 dition to the components required in 

14 subparagraph (A)(i). 

15 ‘‘(iv) A program that includes funds 

16 from private and nonprofit entities. 

17 ‘‘(D) PROGRAM APPROACHES.—In select18 ing programs to receive funding under this sub19 section, the Secretary shall select programs 

20 with different approaches to integrated work21 force training, in different contexts, in order to 

22 obtain comparative data on multiple approaches 

23 to integrated workforce training and English 

24 language instruction, to ensure programs are 

25 tailored to characteristics of individuals with 
216 

•S 1021 IS 

1 varying skill levels, and to assess how different 

2 curricula work for limited English proficient 

3 populations. Such approaches may include— 

4 ‘‘(i) bilingual programs in which the 

5 workplace language component and the 

6 training are conducted in a combination of 

7 an individual’s native language and 

8 English; 

9 ‘‘(ii) integrated workforce training 

10 programs that combine basic skills, lan11 guage instruction, and job specific skills 

12 training; or 

13 ‘‘(iii) sequential programs that provide 

14 a progression of skills, language, and train15 ing to ensure success upon an individual’s 

16 completion of the program. 

17 ‘‘(8) EVALUATION BY ELIGIBLE ENTITY.—Each 

18 eligible entity that receives a grant under this sub19 section for a program shall carry out a continuous 

20 program evaluation and an evaluation specific to the 

21 last phase of the program operations. 

22 ‘‘(9) EVALUATION BY SECRETARY.— 

23 ‘‘(A) IN GENERAL.—The Secretary shall 

24 conduct an evaluation of program impacts of 

25 the programs funded under the demonstration 
217 

•S 1021 IS 

1 project, with a random assignment, experi2 mental design impact study done at each work3 site at which such a program is carried out. 

4 ‘‘(B) DATA COLLECTION AND ANALYSIS.— 

5 The Secretary shall collect and analyze the data 

6 from the demonstration project to determine 

7 program effectiveness, including gains in lan8 guage proficiency, acquisition of skills, and job 

9 advancement for program participants. 

10 ‘‘(C) REPORT.—The Secretary shall pre11 pare and submit to the Committee on Health, 

12 Education, Labor, and Pensions of the Senate 

13 and the Committee on Education and the 

14 Workforce of the House of Representatives, and 

15 make available to the public, a report on the 

16 demonstration project, including the results of 

17 the evaluation. 

18 ‘‘(10) TECHNICAL ASSISTANCE.—The Secretary 

19 shall provide technical assistance to recipients of 

20 grants under this subsection throughout the grant 

21 periods. 

22 ‘‘(11) AUTHORIZATION OF APPROPRIATIONS.— 

23 In addition to amounts authorized to be appro24 priated under section 174(b), there is authorized to 
218 

•S 1021 IS 

1 be appropriated $10,000,000 for fiscal year 2006 to 

2 carry out this subsection.’’. 

3 (f) COMMUNITY-BASED JOB TRAINING.—Section 171 

4 (29 U.S.C. 2916), as amended by subsection (e), is further 

5 amended by adding at the end the following: 

6 ‘‘(g) COMMUNITY-BASED JOB TRAINING.— 

7 ‘‘(1) DEFINITIONS.—In this subsection: 

8 ‘‘(A) COMMUNITY COLLEGE.—The term 

9 ‘community college’ means— 

10 ‘‘(i) an institution of higher education, 

11 as defined in section 101 of the Higher 

12 Education Act of 1965 (20 U.S.C. 1001), 

13 that provides a 2-year degree that is ac14 ceptable for full credit toward a bachelor’s 

15 degree; or 

16 ‘‘(ii) a tribally controlled college or 

17 university, as defined in section 2 of the 

18 Tribally Controlled College or University 

19 Assistance Act of 1978 (25 U.S.C. 1801). 

20 ‘‘(B) ELIGIBLE ENTITY.—The term ‘eligi21 ble entity’ means a community college or a con22 sortium composed of a community college and 

23 an institution of higher education, that shall 

24 work with— 

25 ‘‘(i) a local board; 
219 

•S 1021 IS 

1 ‘‘(ii) a business in the qualified indus2 try or an industry association in the quali3 fied industry, as identified in the applica4 tion of the entity; and 

5 ‘‘(iii) an economic development entity. 

6 ‘‘(C) INSTITUTION OF HIGHER EDU7 CATION.—Except as otherwise provided in sub8 paragraph (A)(i), the term ‘institution of higher 

9 education’ has the meaning given the term in 

10 section 101 of the Higher Education Act of 

11 1965 (20 U.S.C. 1001) and the meaning given 

12 the term postsecondary vocational institution in 

13 section 102(a)(1)(B) of such Act (20 U.S.C. 

14 1002(a)(1)(B)). 

15 ‘‘(D) QUALIFIED INDUSTRY.—The term 

16 ‘qualified industry’ means an industry or eco17 nomic sector that is projected to experience sig18 nificant growth, such as an industry or eco19 nomic sector that— 

20 ‘‘(i) is projected to add substantial 

21 numbers of new jobs to the regional econ22 omy; 

23 ‘‘(ii) has or is projected to have sig24 nificant impact on the regional economy; 
220 

•S 1021 IS 

1 ‘‘(iii) impacts or is projected to impact 

2 the growth of other industries or economic 

3 sectors in the regional economy; 

4 ‘‘(iv) is being transformed by tech5 nology and innovation requiring new 

6 knowledge or skill sets for workers; 

7 ‘‘(v) is a new or emerging industry or 

8 economic sector that is projected to grow; 

9 or 

10 ‘‘(vi) requires high skills and has sig11 nificant labor shortages in the regional 

12 economy. 

13 ‘‘(2) DEMONSTRATION PROJECT.—In addition 

14 to the demonstration projects authorized under sub15 section (b), the Secretary may establish and imple16 ment a national demonstration project designed— 

17 ‘‘(A) to develop local innovative solutions 

18 to the workforce challenges facing high-growth, 

19 high-skill industries with labor shortages; and 

20 ‘‘(B) to increase employment opportunities 

21 for workers in high-growth, high-demand occu22 pations by establishing partnerships among 

23 education entities, the workforce investment 

24 system, and businesses in high-growth, high25 skill industries or sectors. 
221 

•S 1021 IS 

1 ‘‘(3) GRANTS.—In carrying out the national 

2 demonstration project authorized under this sub3 section, the Secretary shall award grants, on a com4 petitive basis, for 2, 3, or 4 years, in accordance 

5 with generally applicable Federal requirements, to 

6 eligible entities to enable the eligible entities to carry 

7 out activities authorized under this subsection. 

8 ‘‘(4) APPLICATIONS.—To be eligible to receive a 

9 grant under this subsection, an eligible entity shall 

10 submit an application to the Secretary at such time, 

11 in such manner, and containing such information as 

12 the Secretary may require, including— 

13 ‘‘(A) a description of the eligible entity 

14 that will offer training under the grant; 

15 ‘‘(B) a justification of the need for discre16 tionary funding under the grant, including the 

17 need for external funds to create a program to 

18 carry out the activities described in paragraph 

19 (6); 

20 ‘‘(C) an economic analysis of the local 

21 labor market to identify— 

22 ‘‘(i) high-growth, high-demand indus23 tries; 

24 ‘‘(ii) the workforce issues faced by 

25 such industries; and 
222 

•S 1021 IS 

1 ‘‘(iii) potential participants in pro2 grams funded under this subsection; 

3 ‘‘(D) a description of the qualified industry 

4 for which the training will occur, the availability 

5 of competencies on which the training will be 

6 based, and how the grant will help workers ac7 quire the competencies and skills necessary for 

8 employment; 

9 ‘‘(E) a description of the involvement of 

10 the local board and businesses, including small 

11 businesses, in the geographic area where the 

12 proposed grant will be implemented; 

13 ‘‘(F) performance measures for the grant, 

14 including the expected number of individuals to 

15 be trained in a qualified industry, the employ16 ment and retention rates for such individuals in 

17 a qualified industry, and initial earnings and 

18 earnings increases for such individuals; 

19 ‘‘(G) a description of how the activities 

20 funded by the grant will be coordinated with ac21 tivities provided through the one-stop center in 

22 the local area; and 

23 ‘‘(H) a description of the local or private 

24 resources that will— 
223 

•S 1021 IS 

1 ‘‘(i) support the activities carried out 

2 under this subsection; and 

3 ‘‘(ii) enable the entity to carry out 

4 and expand such activities after the expira5 tion of the grant. 

6 ‘‘(5) FACTORS FOR AWARD OF GRANT.— 

7 ‘‘(A) IN GENERAL.—In awarding grants 

8 under this subsection, the Secretary shall con9 sider— 

10 ‘‘(i) the extent of public and private 

11 collaboration, including existing partner12 ships among qualified industries, the eligi13 ble entity, and the public workforce invest14 ment system; 

15 ‘‘(ii) the extent to which the grant will 

16 provide job seekers with high-quality train17 ing for employment in high-growth, high18 demand occupations; 

19 ‘‘(iii) the extent to which the grant 

20 will expand the eligible entity and local 

21 one-stop center’s capacity to be demand22 driven and responsive to local economic 

23 needs; 

24 ‘‘(iv) the extent to which local busi25 nesses commit to hire, retain, or advance 
224 

•S 1021 IS 

1 individuals who receive training through 

2 the grant; and 

3 ‘‘(v) the extent to which the eligible 

4 entity commits to make any newly devel5 oped products, such as skill standards, as6 sessments, or industry-recognized training 

7 curricula, available for dissemination na8 tionally. 

9 ‘‘(B) LEVERAGING OF RESOURCES.—In 

10 awarding grants under this subsection, the Sec11 retary shall also consider— 

12 ‘‘(i) the extent to which local or pri13 vate resources will be made available to 

14 support the activities carried out under 

15 this subsection, taking into account the re16 sources of the eligible entity and the enti17 ty’s partners; and 

18 ‘‘(ii) the ability of an eligible entity to 

19 continue to carry out and expand such ac20 tivities after the expiration of the grant. 

21 ‘‘(C) DISTRIBUTION OF GRANTS.—In 

22 awarding grants under this subsection, the Sec23 retary shall ensure an equitable distribution of 

24 such grants across diverse industries and geo25 graphic areas. 
225 

•S 1021 IS 

1 ‘‘(6) USE OF FUNDS.—An eligible entity that 

2 receives a grant under this subsection— 

3 ‘‘(A) shall use the grant funds for— 

4 ‘‘(i) the development by the commu5 nity college that is a part of the eligible en6 tity in collaboration with other partners 

7 identified in the application, and, if appli8 cable, other representatives of qualified in9 dustries, of rigorous training and edu10 cation programs leading to an industry-rec11 ognized credential or degree and employ12 ment in the qualified industry; and 

13 ‘‘(ii) training of adults, incumbent 

14 workers, dislocated workers, or out-of15 school youth in the skills and competencies 

16 needed to obtain or upgrade employment 

17 in a qualified industry identified in the eli18 gible entity’s application; and 

19 ‘‘(B) may use the grant funds for— 

20 ‘‘(i) disseminating information on 

21 training available for high-growth, high-de22 mand occupations in qualified industries 

23 through the one-stop delivery system to 

24 prospective participants, businesses, busi25 ness intermediaries, and community-based 
226 

•S 1021 IS 

1 organizations in the region, including 

2 training available through the grant; 

3 ‘‘(ii) referring individuals trained 

4 under the grant for employment in quali5 fied industries; 

6 ‘‘(iii) enhancing integration of com7 munity colleges, training and education 

8 with businesses, and the one-stop system 

9 to meet the training needs of qualified in10 dustries for new and incumbent workers; 

11 ‘‘(iv) providing training and relevant 

12 job skills to small business owners or oper13 ators to facilitate small business develop14 ment in high-growth industries; or 

15 ‘‘(v) expanding or creating programs 

16 for distance, evening, weekend, modular, or 

17 compressed learning opportunities that 

18 provide relevant skill training in high19 growth, high-demand industries. 

20 ‘‘(7) AUTHORITY TO REQUIRE NON-FEDERAL

21 SHARE.—The Secretary may require that recipients 

22 of grants under this subsection provide a non-Fed23 eral share, from either cash or noncash resources, of 

24 the costs of activities carried out under a grant 

25 awarded under this subsection. 
227 

•S 1021 IS 

1 ‘‘(8) PERFORMANCE ACCOUNTABILITY AND

2 EVALUATION.— 

3 ‘‘(A) PERFORMANCE ACCOUNTABILITY.— 

4 The Secretary shall require an eligible entity 

5 that receives a grant under this subsection to 

6 submit an interim and final report to the Sec7 retary on the impact on business partners and 

8 employment outcomes obtained by individuals 

9 receiving training under this subsection using 

10 the performance measures identified in the eli11 gible entity’s grant application. 

12 ‘‘(B) EVALUATION.—The Secretary shall 

13 require that an eligible entity that receives a 

14 grant under this subsection participate in an 

15 evaluation of activities carried out under this 

16 subsection, including an evaluation using the 

17 techniques described in section 172(c).’’. 

18 SEC. 147. NATIONAL DISLOCATED WORKER GRANTS. 

19 (a) IN GENERAL.—Section 173 (29 U.S.C. 2918) is 

20 amended— 

21 (1) by striking the heading and inserting the 

22 following: 

23 ‘‘SEC. 173. NATIONAL DISLOCATED WORKER GRANTS.’’; 

24 and 

25 (2) in subsection (a)— 
228 

•S 1021 IS 

1 (A) by striking the matter preceding para2 graph (1) and inserting the following: 

3 ‘‘(a) IN GENERAL.—The Secretary is authorized to 

4 award national dislocated worker grants—’’; 

5 (B) in paragraph (1), by striking ‘‘sub6 section (c)’’ and inserting ‘‘subsection (b)’’; 

7 (C) in paragraph (3), by striking ‘‘and’’ 

8 after the semicolon; and 

9 (D) by striking paragraph (4) and insert10 ing the following: 

11 ‘‘(4) to a State or entity (as defined in sub12 section (b)(1)(B)) to carry out subsection (e), in13 cluding providing assistance to eligible individuals; 

14 ‘‘(5) to a State or entity (as defined in sub15 section (b)(1)(B)) to carry out subsection (f), includ16 ing providing assistance to eligible individuals; 

17 ‘‘(6) to provide additional assistance to a State 

18 board or local board where a higher than average de19 mand for employment and training activities for dis20 located members of the Armed Forces, or spouses, 

21 as described in section 101(11)(E), of members of 

22 the Armed Forces, described in subsection 

23 (b)(2)(A)(iv), exceeds State and local resources for 

24 providing such services, and where such programs 

25 are to be carried out in partnership with the Depart-
229 

•S 1021 IS 

1 ment of Defense and Department of Veterans Af2 fairs transition assistance programs; and 

3 ‘‘(7) to provide assistance to a State for state4 wide or local use in order to— 

5 ‘‘(A) address cases in which there have 

6 been worker dislocations across multiple sectors, 

7 across multiple businesses within a sector, or 

8 across multiple local areas, and such workers 

9 remain dislocated; 

10 ‘‘(B) meet emerging economic development 

11 needs; and 

12 ‘‘(C) train eligible individuals who are dis13 located workers described in subparagraph (A). 

14 The Secretary shall issue a final decision on an application 

15 for a national dislocated worker grant under this sub16 section not later than 45 calendar days after receipt of 

17 the application. The Secretary shall issue a notice of obli18 gation for such a grant not later than 10 days after the 

19 award of the grant.’’. 

20 (b) ADMINISTRATION AND ADDITIONAL ASSIST21 ANCE.—Section 173 (29 U.S.C. 2918) is amended— 

22 (1) by striking subsection (b); 

23 (2) by redesignating subsections (c) through (g) 

24 as subsections (b) through (f), respectively; 
230 

•S 1021 IS 

1 (3) in paragraph (2) of subsection (b) (as re2 designated by paragraph (2))— 

3 (A) in subparagraph (A), in the matter 

4 preceding clause (i), by striking ‘‘national emer5 gency grant’’ and inserting ‘‘national dislocated 

6 worker grant’’; and 

7 (B) in subparagraph (C), by striking ‘‘na8 tional emergency grants’’ and inserting ‘‘na9 tional dislocated worker grants’’; 

10 (4) by striking subsection (d) (as redesignated 

11 by paragraph (2)) and inserting the following: 

12 ‘‘(d) ADDITIONAL ASSISTANCE.— 

13 ‘‘(1) IN GENERAL.—From the amount appro14 priated and made available to carry out this section 

15 for any program year, the Secretary shall use not 

16 more than $20,000,000 to make grants to States to 

17 provide employment and training activities under 

18 section 134, in accordance with subtitle B. 

19 ‘‘(2) ELIGIBLE STATES.—The Secretary shall 

20 make a grant under paragraph (1) to a State for a 

21 program year if— 

22 ‘‘(A) the amount of the allotment that was 

23 made to the State for the program year 2003 

24 under the formula specified in section 
231 

•S 1021 IS 

1 132(b)(1)(B) as such section was in effect on 

2 July 1, 2003, is greater than 

3 ‘‘(B) the amount of the allotment that 

4 would be made to the State for the program 

5 year under the formula specified in section 

6 132(b)(1)(B). 

7 ‘‘(3) AMOUNT OF GRANTS.—Subject to para8 graph (1), the amount of the grant made under 

9 paragraph (1) to a State for a program year shall 

10 be based on the difference between— 

11 ‘‘(A) the amount of the allotment that was 

12 made to the State for the program year 2003 

13 under the formula specified in section 

14 132(b)(1)(B) as such section was in effect on 

15 July 1, 2003; and 

16 ‘‘(B) the amount of the allotment that 

17 would be made to the State for the program 

18 year under the formula specified in section 

19 132(b)(1)(B).’’; 

20 (5) in subsection (e) (as redesignated by para21 graph (2))— 

22 (A) in paragraph (1), by striking ‘‘para23 graph (4)(A)’’ and inserting ‘‘paragraph (4)’’; 

24 (B) in paragraph (2), by striking ‘‘sub25 section (g)’’ and inserting ‘‘subsection (f)’’; 
232 

•S 1021 IS 

1 (C) in paragraph (3)(B), by striking ‘‘sub2 section (a)(4)(A)’’ and inserting ‘‘subsection 

3 (a)(4)’’; 

4 (D) in paragraph (4), by striking ‘‘sub5 section (g)’’ and inserting ‘‘subsection (f)’’; 

6 (E) in paragraph (5), by striking ‘‘sub7 section (g)’’ and inserting ‘‘subsection (f)’’; and 

8 (F) in paragraph (6)— 

9 (i) by striking ‘‘subsection (g)’’ and 

10 inserting ‘‘subsection (f)’’; and 

11 (ii) by striking ‘‘subsection (c)(1)(B)’’ 

12 and inserting ‘‘subsection (b)(1)(B)’’; and 

13 (6) in subsection (f) (as redesignated by para14 graph (2))— 

15 (A) in paragraph (1)— 

16 (i) by striking ‘‘paragraph (4)(B)’’ 

17 and inserting ‘‘paragraph (5)’’; and 

18 (ii) by striking ‘‘subsection (f)(1)(A)’’ 

19 and inserting ‘‘subsection (e)(1)(A)’’; and 

20 (B) in paragraph (4)(B), by striking ‘‘sub21 section (a)(4)(B)’’ and inserting ‘‘subsection 

22 (a)(5)’’. 
233 

•S 1021 IS 

1 SEC. 148. AUTHORIZATION OF APPROPRIATIONS FOR NA2 TIONAL ACTIVITIES. 

3 (a) IN GENERAL.—Section 174(a)(1) (29 U.S.C. 

4 2919(a)(1)) is amended by striking ‘‘1999 through 2003’’ 

5 and inserting ‘‘2006 through 2011’’. 

6 (b) RESERVATIONS.—Section 174(b) (29 U.S.C. 

7 2919(b)) is amended to read as follows: 

8 ‘‘(b) TECHNICAL ASSISTANCE; DEMONSTRATION AND

9 PILOT PROJECTS, EVALUATIONS, INCENTIVE GRANTS.— 

10 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

11 there are authorized to be appropriated to carry out 

12 sections 170 through 172, section 136(i), and sec13 tion 503 such sums as may be necessary for each of 

14 fiscal years 2006 through 2011. 

15 ‘‘(2) RESERVATION.—Of the amount appro16 priated pursuant to the authorization of appropria17 tions under paragraph (1) for a fiscal year, the Sec18 retary shall, for each of the fiscal years 2006 

19 through 2011, reserve not less than 25 percent for 

20 carrying out section 503.’’. 

21 (c) ASSISTANCE FOR ELIGIBLE WORKERS.—Section 

22 174(c) (29 U.S.C. 2919(c)) is amended— 

23 (1) in paragraphs (1)(A) and (2)(A), by strik24 ing ‘‘subsection (a)(4)(A)’’ and inserting ‘‘subsection 

25 (a)(4)’’; and 
234 

•S 1021 IS 

1 (2) in paragraphs (1)(B) and (2)(B), by strik2 ing ‘‘subsection (a)(4)(B)’’ and inserting ‘‘subsection 

3 (a)(5)’’. 

4 Subtitle E—Administration 

5 SEC. 151. REQUIREMENTS AND RESTRICTIONS. 

6 Section 181(e) (29 U.S.C. 2931(e)) is amended by 

7 striking ‘‘economic development activities,’’. 

8 SEC. 152. REPORTS. 

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

10 (1) in paragraph (2), by striking ‘‘and’’ after 

11 the semicolon; 

12 (2) in paragraph (3), by striking the period and 

13 inserting ‘‘; and’’; and 

14 (3) by adding at the end the following: 

15 ‘‘(4) shall have the option to submit or dissemi16 nate electronically any reports, records, plans, or any 

17 other data that are required to be collected or dis18 seminated under this title.’’. 

19 SEC. 153. ADMINISTRATIVE PROVISIONS. 

20 (a) ANNUAL REPORT.—Section 189(d) (29 U.S.C. 

21 2939(d)) is amended— 

22 (1) in paragraph (3), by striking ‘‘and’’ after 

23 the semicolon; 

24 (2) by redesignating paragraph (4) as para25 graph (5); and 
235 

•S 1021 IS 

1 (3) by inserting after paragraph (3) the fol2 lowing: 

3 ‘‘(4) the negotiated levels of performance of the 

4 States, the States’ requests for adjustments of such 

5 levels, and the adjustments of such levels that are 

6 made; and’’. 

7 (b) AVAILABILITY.—Section 189(g)(2) (29 U.S.C. 

8 2939(g)(2)) is amended, in the first sentence— 

9 (1) by striking ‘‘Funds’’ and inserting ‘‘Except 

10 as otherwise provided in this paragraph, funds’’; and 

11 (2) by striking ‘‘each State receiving’’ and in12 serting ‘‘each recipient of’’. 

13 (c) GENERAL WAIVERS.—Section 189(i)(4) (29 

14 U.S.C. 2939(i)(4)) is amended— 

15 (1) in subparagraph (A)(i), by inserting ‘‘the 

16 funding of infrastructure costs for one-stop centers,’’ 

17 after ‘‘local boards,’’; 

18 (2) in subparagraph (C), by striking ‘‘90’’ and 

19 inserting ‘‘60’’; and 

20 (3) by adding at the end the following: 

21 ‘‘(D) EXPEDITED REQUESTS.—The Sec22 retary shall expedite requests for waivers of 

23 statutory or regulatory requirements that have 

24 been approved for a State pursuant to subpara-
236 

•S 1021 IS 

1 graph (B), if the requirements of this para2 graph have been satisfied. 

3 ‘‘(E) SPECIAL RULE.—With respect to any 

4 State that has a waiver under this paragraph 

5 relating to the transfer authority under section 

6 133(b)(4), and has the waiver in effect on the 

7 date of enactment of the Workforce Investment 

8 Act Amendments of 2005 or subsequently re9 ceives such a waiver, the waiver shall continue 

10 to apply for so long as the State meets or ex11 ceeds State performance measures relating to 

12 the indicators described in section 

13 136(b)(2)(A)(i).’’. 

14 SEC. 154. USE OF CERTAIN REAL PROPERTY. 

15 Section 193 (29 U.S.C. 2943) is amended to read as 

16 follows: 

17 ‘‘SEC. 193. TRANSFER OF FEDERAL EQUITY IN STATE EM18 PLOYMENT SECURITY AGENCY REAL PROP19 ERTY TO THE STATES. 

20 ‘‘(a) TRANSFER OF FEDERAL EQUITY.—Notwith21 standing any other provision of law, any Federal equity 

22 acquired in real property through grants to States award23 ed under title III of the Social Security Act (42 U.S.C. 

24 501 et seq.) or under the Wagner-Peyser Act (29 U.S.C. 

25 49 et seq.) is transferred to the States that used the 
237 

•S 1021 IS 

1 grants for the acquisition of such equity. The portion of 

2 any real property that is attributable to the Federal equity 

3 transferred under this section shall be used to carry out 

4 activities authorized under title III of the Social Security 

5 Act or the Wagner-Peyser Act. Any disposition of such 

6 real property shall be carried out in accordance with the 

7 procedures prescribed by the Secretary and the portion of 

8 the proceeds from the disposition of such real property 

9 that is attributable to the Federal equity transferred 

10 under this section shall be used to carry out activities au11 thorized under title III of the Social Security Act or the 

12 Wagner-Peyser Act. 

13 ‘‘(b) LIMITATION ON USE.—A State shall not use 

14 funds awarded under title III of the Social Security Act 

15 or the Wagner-Peyser Act to amortize the costs of real 

16 property that is purchased by any State on or after the 

17 effective date of this provision.’’. 

18 SEC. 155. GENERAL PROGRAM REQUIREMENTS. 

19 Section 195 (29 U.S.C. 2945) is amended by adding 

20 at the end the following: 

21 ‘‘(14) Funds provided under this title shall not 

22 be used to establish or operate fee-for-service enter23 prises that are not affiliated with the one-stop serv24 ice delivery systems described in section 121(e) and 

25 that compete with private sector employment agen-
238 

•S 1021 IS 

1 cies (as defined in section 701 of the Civil Rights 

2 Act of 1964 (42 U.S.C. 2000e)).’’. 

3 SEC. 156. TABLE OF CONTENTS. 

4 Section 1(b) (29 U.S.C. 9201 note) is amended— 

5 (1) by striking the item relating to section 106 

6 and inserting the following: 

‘‘Sec. 106. Purposes.’’; 

7 (2) by striking the item relating to section 123 

8 and inserting the following: 

‘‘Sec. 123. Eligible providers of youth activities.’’; 

9 (3) by striking the item relating to section 169 

10 and inserting the following: 

‘‘Sec. 169. Youth challenge grants.’’; 

11 (4) by striking the item relating to section 173 

12 and inserting the following: 

‘‘Sec. 173. National dislocated worker grants.’’; 

13 (5) by striking the item relating to section 193 

14 and inserting the following: 

‘‘Sec. 193. Transfer of Federal equity in State employment security agency real 

property to the States.’’; 

15 (6) by inserting after the item relating to sec16 tion 243 the following: 

‘‘Sec. 244. Integrated English literacy and civics education.’’; 

17 and 

18 (7) by striking the item relating to section 502. 
239 

•S 1021 IS 

1 Subtitle F—Incentive Grants 

2 SEC. 161. INCENTIVE GRANTS. 

3 Section 503 (20 U.S.C. 9273) is amended— 

4 (1) by striking subsection (a) and inserting the 

5 following: 

6 ‘‘(a) IN GENERAL.— 

7 ‘‘(1) TIMELINE.— 

8 ‘‘(A) PRIOR TO JULY 1, 2006.—Prior to 

9 July 1, 2006, the Secretary shall award a grant 

10 to each State in accordance with the provisions 

11 of this section as this section was in effect on 

12 July 1, 2003. 

13 ‘‘(B) BEGINNING JULY 1, 2006.—Beginning 

14 on July 1, 2006, the Secretary shall award in15 centive grants to States for performance de16 scribed in paragraph (2) in carrying out innova17 tive programs consistent with the programs 

18 under chapters 4 and 5 of subtitle B of title I, 

19 to implement or enhance innovative and coordi20 nated programs consistent with the statewide 

21 economic, workforce, and educational interests 

22 of the State. 

23 ‘‘(2) BASIS.—The Secretary shall award the 

24 grants on the basis that States— 
240 

•S 1021 IS 

1 ‘‘(A) have exceeded the State adjusted lev2 els of performance for title I, the adjusted levels 

3 of performance for title II, and the levels of 

4 performance under the Carl D. Perkins Voca5 tional and Technical Education Act of 1998 (20 

6 U.S.C. 2301 et seq.); or 

7 ‘‘(B) have— 

8 ‘‘(i) met the State adjusted levels of 

9 performance for title I, the adjusted levels 

10 of performance for title II, and the levels 

11 of performance under the Carl D. Perkins 

12 Vocational and Technical Education Act of 

13 1998 (20 U.S.C. 2301 et seq.); and 

14 ‘‘(ii) demonstrated— 

15 ‘‘(I) exemplary coordination of 

16 Federal workforce and education pro17 grams, statewide economic develop18 ment, or business needs; 

19 ‘‘(II) exemplary performance in 

20 serving hard-to-serve populations; or 

21 ‘‘(III) effective— 

22 ‘‘(aa) coordination of mul23 tiple systems into a comprehen24 sive workforce investment system, 

25 including coordination of employ-
241 

•S 1021 IS 

1 ment activities under the Wag2 ner-Peyser Act (29 U.S.C. 49 et 

3 seq.) and core activities under 

4 title I as well as one-stop partner 

5 programs described in section 

6 121; 

7 ‘‘(bb) expansion of access to 

8 training, including through in9 creased leveraging of resources 

10 other than those funded through 

11 programs under title I; 

12 ‘‘(cc) implementation of 

13 statewide coordination activities 

14 through agreements with relevant 

15 State agencies and offices, in16 cluding those responsible for pro17 grams under the Adult Education 

18 and Family Literacy Act (20 

19 U.S.C. 9201 et seq.) and the Re20 habilitation Act of 1973 (29 

21 U.S.C. 701 et seq.); 

22 ‘‘(dd) statewide coordination 

23 through local workforce invest24 ment boards or areas; 
242 

•S 1021 IS 

1 ‘‘(ee) alignment of manage2 ment information systems to in3 tegrate participant information 

4 across programs; or 

5 ‘‘(ff) integration of perform6 ance information systems and 

7 common measures for account8 ability across workforce and edu9 cation programs. 

10 ‘‘(3) USE OF FUNDS.—The funds awarded to a 

11 State under this section may be used to carry out 

12 activities authorized for States under chapters 4 and 

13 5 of subtitle B of title I, title II, and the Carl D. 

14 Perkins Vocational and Technical Education Act of 

15 1998 (20 U.S.C. 2301 et seq.), including demonstra16 tion projects, and for such innovative projects or 

17 programs that increase coordination and enhance 

18 service to program participants, particularly hard-to19 serve populations, including— 

20 ‘‘(A) activities that support business needs, 

21 especially for incumbent workers and enhancing 

22 opportunities for retention and advancement; 

23 ‘‘(B) activities that support linkages with 

24 secondary, postsecondary, or career and tech25 nical education programs, including activities 
243 

•S 1021 IS 

1 under the Carl D. Perkins Vocational and 

2 Technical Education Act of 1998 (20 U.S.C. 

3 2301 et seq.), the Adult Education and Family 

4 Literacy Act (20 U.S.C. 9201 et seq.), and the 

5 Rehabilitation Act of 1973 (29 U.S.C. 701 et 

6 seq.); 

7 ‘‘(C) activities that support statewide eco8 nomic development plans that support high9 wage, high-skill, or high-demand occupations 

10 leading to self-sufficiency; 

11 ‘‘(D) activities that coordinate workforce 

12 investment programs with other Federal and 

13 State programs related to the activities under 

14 this Act; 

15 ‘‘(E) activities that support the develop16 ment of a statewide integrated performance in17 formation system that includes common meas18 ures; 

19 ‘‘(F) activities that align management in20 formation systems with integrated performance 

21 information across education and workforce 

22 programs; or 

23 ‘‘(G) activities that support local workforce 

24 investment boards or areas in improving per25 formance and program coordination. 
244 

•S 1021 IS 

1 ‘‘(4) WAIVER.—For States that have developed 

2 and implemented a statewide integrated performance 

3 information system with common measures, as de4 scribed in paragraph (3)(E), for federally funded 

5 workforce and education programs, the Secretary 

6 may waive specified Federal reporting requirements 

7 for such State to be in compliance with reporting re8 quirements under this Act and other workforce and 

9 education programs as the Secretary has authority 

10 or agreement to waive. 

11 ‘‘(5) TECHNICAL ASSISTANCE.—The Secretary 

12 shall reserve 4 percent of the funds available for 

13 grants under this section to provide technical assist14 ance to States to replicate best practices or to de15 velop integrated performance information systems 

16 and strengthen coordination with education and eco17 nomic development.’’; and 

18 (2) by striking subsection (d). 

19 Subtitle G—Conforming 

20 Amendments 

21 SEC. 171. CONFORMING AMENDMENTS. 

22 (a) OLDER AMERICANS ACT OF 1965.—Section 

23 512(a) of the Older Americans Act of 1965 (42 U.S.C. 

24 3056j(a)) is amended by striking ‘‘(B)(vi)’’ and inserting 

25 ‘‘(B)(v)’’. 
245 

•S 1021 IS 

1 (b) ADULT EDUCATION AND FAMILY LITERACY

2 ACT.—Section 212(b)(3)(A)(vi) of the Adult Education 

3 and Family Literacy Act (20 U.S.C. 9212(b)(3)(A)(vi)) 

4 is amended by striking ‘‘the representatives described in 

5 section 136(i)(1)’’ and inserting ‘‘representatives of appro6 priate Federal agencies, and representatives of States and 

7 political subdivisions, business and industry, employees, el8 igible providers of employment and training activities (as 

9 defined in section 101), educators, and participants (as 

10 defined in section 101), with expertise regarding workforce 

11 investment policies and workforce investment activities (as 

12 defined in section 101)’’. 

13 TITLE II—AMENDMENTS TO THE 

14 ADULT EDUCATION AND FAM15 ILY LITERACY ACT 

16 SEC. 201. SHORT TITLE; PURPOSE. 

17 (a) SHORT TITLE.—This title may be cited as the 

18 ‘‘Adult Education and Family Literacy Act Amendments 

19 of 2005’’. 

20 (b) PURPOSE.—Section 202 of the Adult Education 

21 and Family Literacy Act (20 U.S.C. 9201) is amended— 

22 (1) in paragraph (2), by striking ‘‘and’’ after 

23 the semicolon; 
246 

•S 1021 IS 

1 (2) in paragraph (3), by striking ‘‘education.’’ 

2 and inserting ‘‘education and in the transition to 

3 postsecondary education; and’’; and 

4 (3) by adding at the end the following: 

5 ‘‘(4) assist immigrants and other individuals 

6 with limited English proficiency in improving their 

7 reading, writing, speaking, and mathematics skills 

8 and acquiring an understanding of the American 

9 free enterprise system, individual freedom, and the 

10 responsibilities of citizenship.’’. 

11 SEC. 202. DEFINITIONS. 

12 Section 203 of the Adult Education and Family Lit13 eracy Act (20 U.S.C. 9202) is amended— 

14 (1) in paragraph (1)— 

15 (A) in the matter preceding subparagraph 

16 (A), by striking ‘‘services or instruction below 

17 the postsecondary level’’ and inserting ‘‘aca18 demic instruction and education services below 

19 the postsecondary level that increase an individ20 ual’s ability to read, write, and speak in 

21 English and perform mathematics’’; and 

22 (B) by striking subparagraph (C)(i) and 

23 inserting the following: 

24 ‘‘(i) are basic skills deficient as de25 fined in section 101;’’; 
247 

•S 1021 IS 

1 (2) in paragraph (2), by striking ‘‘activities de2 scribed in section 231(b)’’ and inserting ‘‘programs 

3 and services which include reading, writing, speak4 ing, or mathematics skills, workplace literacy activi5 ties, family literacy activities, English language ac6 quisition activities, or other activities necessary for 

7 the attainment of a secondary school diploma or its 

8 State recognized equivalent’’; 

9 (3) in paragraph (5)— 

10 (A) by inserting ‘‘an organization that has 

11 demonstrated effectiveness in providing adult 

12 education, that may include’’ after ‘‘means’’; 

13 (B) in subparagraph (B), by striking ‘‘of 

14 demonstrated effectiveness’’; 

15 (C) in subparagraph (C), by striking ‘‘of 

16 demonstrated effectiveness’’; and 

17 (D) in subparagraph (I), by inserting ‘‘or 

18 coalition’’ after ‘‘consortium’’; 

19 (4) in paragraph (6)— 

20 (A) by striking ‘‘LITERACY PROGRAM’’ and 

21 inserting ‘‘LANGUAGE ACQUISITION PROGRAM’’; 

22 (B) by striking ‘‘literacy program’’ and in23 serting ‘‘language acquisition program’’; and 

24 (C) by inserting ‘‘reading, writing, and 

25 speaking’’ after ‘‘competence in’’; 
248 

•S 1021 IS 

1 (5) by striking paragraph (10); 

2 (6) by redesignating paragraphs (7) through 

3 (9) and (12) through (18) as paragraphs (8) 

4 through (10) and (13) through (19), respectively; 

5 (7) by inserting after paragraph (6) the fol6 lowing: 

7 ‘‘(7) ESSENTIAL COMPONENTS OF READING IN8 STRUCTION.—The term ‘essential components of 

9 reading instruction’ has the meaning given the term 

10 in section 1208 of the Elementary and Secondary 

11 Education Act of 1965 (20 U.S.C. 6368).’’; 

12 (8) by inserting after paragraph (11) the fol13 lowing: 

14 ‘‘(12) LIMITED ENGLISH PROFICIENCY.—The 

15 term ‘limited English proficiency’, when used with 

16 respect to an individual, means an adult or out-of17 school youth who has limited ability in speaking, 

18 reading, writing, or understanding the English lan19 guage, and— 

20 ‘‘(A) whose native language is a language 

21 other than English; or 

22 ‘‘(B) who lives in a family or community 

23 environment where a language other than 

24 English is the dominant language.’’; 
249 

•S 1021 IS 

1 (9) by striking paragraph (15), as redesignated 

2 by paragraph (6), and inserting the following: 

3 ‘‘(15) OUTLYING AREA.—The term ‘outlying 

4 area’ means the United States Virgin Islands, 

5 Guam, American Samoa, and the Commonwealth of 

6 the Northern Mariana Islands.’’; and 

7 (10) by striking paragraph (19), as redesig8 nated by paragraph (6), and inserting the following: 

9 ‘‘(19) WORKPLACE LITERACY PROGRAM.—The 

10 term ‘workplace literacy program’ means an edu11 cational program designed to improve the produc12 tivity of the workforce through the improvement of 

13 literacy skills that is offered by an eligible provider 

14 in collaboration with an employer or an employee or15 ganization at a workplace, at an off-site location, or 

16 in a simulated workplace environment.’’. 

17 SEC. 203. HOME SCHOOLS. 

18 Section 204 of the Adult Education and Family Lit19 eracy Act (20 U.S.C. 9203) is amended to read as follows: 

20 ‘‘SEC. 204. HOME SCHOOLS. 

21 ‘‘Nothing in this title shall be construed to affect 

22 home schools, whether a home school is treated as a home 

23 school or a private school under State law, or to compel 

24 a parent engaged in home schooling to participate in an 
250 

•S 1021 IS 

1 English language acquisition program, family literacy 

2 services, or adult education.’’. 

3 SEC. 204. AUTHORIZATION OF APPROPRIATIONS. 

4 Section 205 of the Adult Education and Family Lit5 eracy Act (20 U.S.C. 9204) is amended— 

6 (1) by striking ‘‘1999’’ and inserting ‘‘2006’’; 

7 and 

8 (2) by striking ‘‘2003’’ and inserting ‘‘2011’’. 

9 SEC. 205. RESERVATION OF FUNDS; GRANTS TO ELIGIBLE 

10 AGENCIES; ALLOTMENTS. 

11 Section 211 of the Adult Education and Family Lit12 eracy Act (20 U.S.C. 9211) is amended— 

13 (1) by striking subsection (a) and inserting the 

14 following: 

15 ‘‘(a) RESERVATION OF FUNDS.—From the sum ap16 propriated under section 205 for a fiscal year, the Sec17 retary— 

18 ‘‘(1) shall reserve 1.5 percent to carry out sec19 tion 242, except that the amount so reserved shall 

20 not exceed $10,000,000; 

21 ‘‘(2) shall reserve 1.5 percent to carry out sec22 tion 243 and subsection (f)(4), except that the 

23 amount so reserved shall not exceed $8,000,000; 
251 

•S 1021 IS 

1 ‘‘(3) shall make available, to the Secretary of 

2 Labor, 1.72 percent for incentive grants under sec3 tion 136(i); and 

4 ‘‘(4) shall reserve 12 percent of the amount 

5 that remains after reserving funds under paragraphs 

6 (1), (2) and (3) to carry out section 244.’’; 

7 (2) in subsection (c)(2)— 

8 (A) by inserting ‘‘and the sole agency re9 sponsible for administering or supervising policy 

10 for adult education and literacy in the Republic 

11 of Palau’’ after ‘‘an initial allotment under 

12 paragraph (1)’’; 

13 (B) by inserting ‘‘or served by the agency 

14 for the Republic of Palau’’ after ‘‘by the eligible 

15 agency’’; and 

16 (C) by striking ‘‘States and outlying 

17 areas’’ and inserting ‘‘States, outlying areas, 

18 and the Republic of Palau’’; 

19 (3) in subsection (e)— 

20 (A) in paragraph (1)— 

21 (i) by striking ‘‘the Republic of the 

22 Marshall Islands, the Federated States of 

23 Micronesia, and’’; and 
252 

•S 1021 IS 

1 (ii) by striking ‘‘the Republic of the 

2 Marshall Islands, the Federated States of 

3 Micronesia, or’’ and inserting ‘‘or’’; and 

4 (B) in paragraph (3)— 

5 (i) by striking ‘‘the Republic of the 

6 Marshall Islands, the Federated States of 

7 Micronesia, and’’; and 

8 (ii) by striking ‘‘2001’’ and inserting 

9 ‘‘2007’’; and 

10 (4) by striking subsection (f) and inserting the 

11 following: 

12 ‘‘(f) HOLD-HARMLESS PROVISIONS.— 

13 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

14 (c) and subject to paragraph (2), for fiscal year 

15 2005 and each succeeding fiscal year, no eligible 

16 agency shall receive an allotment under this section 

17 that is less than 90 percent of the allotment the eli18 gible agency received for the preceding fiscal year 

19 under this section. 

20 ‘‘(2) 100 PERCENT ALLOTMENT.—Notwith21 standing paragraphs (1) and (2) of subsection (e), 

22 an eligible agency that receives only an initial allot23 ment under subsection (c)(1) (and no additional al24 lotment under subsection (c)(2)) shall receive an al-
253 

•S 1021 IS 

1 lotment under this section that is equal to 100 per2 cent of the initial allotment under subsection (c)(1). 

3 ‘‘(3) RATABLE REDUCTION.—If for any fiscal 

4 year the amount available for allotment under this 

5 subtitle is insufficient to satisfy the provisions of 

6 paragraphs (1) and (2), the Secretary shall ratably 

7 reduce the payments to all eligible agencies, as nec8 essary. 

9 ‘‘(4) ADDITIONAL ASSISTANCE.— 

10 ‘‘(A) IN GENERAL.—From amounts re11 served under subsection (a)(2), the Secretary 

12 shall make grants to eligible agencies described 

13 in subparagraph (B) to enable such agencies to 

14 provide activities authorized under chapter 2. 

15 ‘‘(B) ELIGIBILITY.—An eligible agency is 

16 eligible to receive a grant under this paragraph 

17 for a fiscal year if the amount of the allotment 

18 such agency receives under this section for the 

19 fiscal year is less than the amount such agency 

20 would have received for the fiscal year if the al21 lotment formula under this section as in effect 

22 on September 30, 2003, were in effect for such 

23 year. 

24 ‘‘(C) AMOUNT OF GRANT.—The amount of 

25 a grant made to an eligible agency under this 
254 

•S 1021 IS 

1 paragraph for a fiscal year shall be the dif2 ference between— 

3 ‘‘(i) the amount of the allotment such 

4 agency would have received for the fiscal 

5 year if the allotment formula under this 

6 section as in effect on September 30, 2003, 

7 were in effect for such year; and 

8 ‘‘(ii) the amount of the allotment such 

9 agency receives under this section for the 

10 fiscal year.’’. 

11 SEC. 206. PERFORMANCE ACCOUNTABILITY SYSTEM. 

12 Section 212 of the Adult Education and Family Lit13 eracy Act (20 U.S.C. 9212) is amended— 

14 (1) in subsection (b)— 

15 (A) in paragraph (1)(A)(ii), by striking 

16 ‘‘additional indicators of performance (if any)’’ 

17 and inserting ‘‘the employment performance in18 dicators’’; 

19 (B) by striking paragraph (2) and insert20 ing the following: 

21 ‘‘(2) INDICATORS OF PERFORMANCE.— 

22 ‘‘(A) CORE INDICATORS OF PERFORM23 ANCE.—An eligible agency shall identify in the 

24 State plan individual academic performance in-
255 

•S 1021 IS 

1 dicators that include, at a minimum, the fol2 lowing: 

3 ‘‘(i) Measurable improvements in lit4 eracy skill levels in reading, writing, and 

5 speaking the English language, numeracy, 

6 problem solving, English language acquisi7 tion, and other literacy skills. 

8 ‘‘(ii) Placement in, retention in, or 

9 completion of, postsecondary education or 

10 other training programs. 

11 ‘‘(iii) Completion of a secondary 

12 school diploma, its recognized equivalent, 

13 or a recognized alternative standard for in14 dividuals with disabilities. 

15 ‘‘(B) EMPLOYMENT PERFORMANCE INDI16 CATORS.— 

17 ‘‘(i) IN GENERAL.—An eligible agency 

18 shall identify in the State plan individual 

19 participant employment performance indi20 cators that include, at a minimum, the fol21 lowing: 

22 ‘‘(I) Entry into unsubsidized em23 ployment. 
256 

•S 1021 IS 

1 ‘‘(II) Retention in unsubsidized 

2 employment 6 months after entry into 

3 the employment. 

4 ‘‘(III) Increases in earnings from 

5 unsubsidized employment. 

6 (ii) DATA COLLECTION.—The State 

7 workforce investment board shall assist the 

8 eligible agency in obtaining and using 

9 quarterly wage records to collect data for 

10 each of the indicators described in clause 

11 (i), consistent with applicable Federal and 

12 State privacy laws. 

13 ‘‘(C) INDICATORS FOR WORKPLACE LIT14 ERACY PROGRAMS.—Special accountability 

15 measures may be negotiated for workplace lit16 eracy programs.’’; and 

17 (C) in paragraph (3)— 

18 (i) in subparagraph (A)— 

19 (I) in clause (i)(II), by striking 

20 ‘‘in performance’’ and inserting ‘‘the 

21 agency’s performance outcomes in an 

22 objective, quantifiable, and measur23 able form’’; 
257 

•S 1021 IS 

1 (II) in clause (ii), by striking ‘‘3 

2 programs years’’ and inserting ‘‘2 

3 program years’’; 

4 (III) in clause (iii), by striking 

5 ‘‘FIRST 3 YEARS’’ and inserting 

6 ‘‘FIRST 2 YEARS’’; 

7 (IV) in clause (iii), by striking 

8 ‘‘first 3 program years’’ and inserting 

9 ‘‘first 2 program years’’; 

10 (V) in clause (v), by striking 

11 ‘‘4TH AND 5TH’’ and inserting ‘‘3RD

12 AND 4TH’’; 

13 (VI) in clause (v), by striking ‘‘to 

14 the fourth’’ and inserting ‘‘to the 

15 third’’; 

16 (VII) in clause (v), by striking 

17 ‘‘fourth and fifth’’ and inserting 

18 ‘‘third and fourth’’; and 

19 (VIII) in clause (vi), by striking 

20 ‘‘(II)’’ and inserting ‘‘(I)’’; 

21 (ii) in subparagraph (B)— 

22 (I) by striking the heading and 

23 inserting ‘‘LEVELS OF EMPLOYMENT

24 PERFORMANCE’’; 
258 

•S 1021 IS 

1 (II) by striking ‘‘may’’ and in2 serting ‘‘shall’’; and 

3 (III) by striking ‘‘additional’’ and 

4 inserting ‘‘employment performance’’; 

5 and 

6 (iii) by adding at the end the fol7 lowing: 

8 ‘‘(C) ALTERNATIVE ASSESSMENT SYS9 TEMS.—Eligible agencies may approve the use 

10 of assessment systems that are not commer11 cially available standardized systems if such 

12 systems meet the Standards for Educational 

13 and Psychological Testing issued by the Joint 

14 Committee on Standards for Educational and 

15 Psychological Testing of the American Edu16 cational Research Association, the American 

17 Psychological Association, and the National 

18 Council on Measurement in Education.’’; 

19 (2) in subsection (c)— 

20 (A) in paragraph (1)— 

21 (i) by inserting ‘‘the Governor, the 

22 State legislature, and the State workforce 

23 investment board’’ after ‘‘Secretary’’; and 
259 

•S 1021 IS 

1 (ii) by striking ‘‘including’’ and all 

2 that follows through the period and insert3 ing ‘‘including the following: 

4 ‘‘(A) Information on the levels of perform5 ance achieved by the eligible agency with re6 spect to the core indicators of performance, and 

7 employment performance indicators. 

8 ‘‘(B) Information on the number or per9 centage of qualifying adults (as defined in sec10 tion 211(d)) who are participants in adult edu11 cation programs under this subtitle and making 

12 satisfactory progress toward 1 or more of each 

13 of the following: 

14 ‘‘(i) Core indicators of performance. 

15 ‘‘(ii) Employment performance indica16 tors. 

17 ‘‘(iii) Other long-term objectives. 

18 ‘‘(C) The number and type of each eligible 

19 provider that receives funding under such 

20 grant. 

21 ‘‘(D) The number of enrollees 16 to 18 

22 years of age who enrolled in adult education not 

23 later than 1 year after participating in sec24 ondary school education.’’; 
260 

•S 1021 IS 

1 (B) in paragraph (2)(A), by inserting ‘‘eli2 gible providers and’’ after ‘‘available to’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(3) DATA ACCESS.—The report made available 

5 under paragraph (2) shall indicate which eligible 

6 agencies did not have access to State unemployment 

7 insurance wage data in measuring employment per8 formance indicators.’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(d) PROGRAM IMPROVEMENT.— 

11 ‘‘(1) IN GENERAL.—If the Secretary determines 

12 that an eligible agency did not meet its adjusted lev13 els of performance for the core indicators of per14 formance described in subsection (b)(2)(A) for any 

15 program year, the eligible agency shall— 

16 ‘‘(A) work with the Secretary to develop 

17 and implement a program improvement plan for 

18 the 2 program years succeeding the program 

19 year in which the eligible agency did not meet 

20 its adjusted levels of performance; and 

21 ‘‘(B) revise its State plan under section 

22 224, if necessary, to reflect the changes agreed 

23 to in the program improvement plan. 

24 ‘‘(2) FURTHER ASSISTANCE.—If, after the pe25 riod described in paragraph (1)(A), the Secretary 
261 

•S 1021 IS 

1 has provided technical assistance to the eligible 

2 agency but determines that the eligible agency did 

3 not meet its adjusted levels of performance for the 

4 core indicators of performance described in sub5 section (b)(2)(A), the Secretary may require the eli6 gible agency to make further revisions to the pro7 gram improvement plan described in paragraph (1). 

8 Such further revisions shall be accompanied by fur9 ther technical assistance from the Secretary.’’. 

10 SEC. 207. STATE ADMINISTRATION. 

11 Section 221(1) of the Adult Education and Family 

12 Literacy Act (20 U.S.C. 9221(1)) is amended by striking 

13 ‘‘and implementation’’ and inserting ‘‘implementation, 

14 and monitoring’’. 

15 SEC. 208. STATE DISTRIBUTION OF FUNDS; MATCHING RE16 QUIREMENT. 

17 Section 222 of the Adult Education and Family Lit18 eracy Act (20 U.S.C. 9222) is amended— 

19 (1) in subsection (a)— 

20 (A) in paragraph (1)— 

21 (i) by striking ‘‘82.5’’ the first place 

22 such term appears and inserting ‘‘80’’; and 

23 (ii) by striking ‘‘the 82.5 percent’’ 

24 and inserting ‘‘such amount’’; 
262 

•S 1021 IS 

1 (B) in paragraph (2), by striking ‘‘not 

2 more than 12.5 percent’’ and inserting ‘‘not 

3 more than 15 percent’’; and 

4 (C) in paragraph (3), by striking 

5 ‘‘$65,000’’ and inserting ‘‘$75,000’’; and 

6 (2) in subsection (b)(1), by striking ‘‘equal to’’ 

7 and inserting ‘‘that is not less than’’. 

8 SEC. 209. STATE LEADERSHIP ACTIVITIES. 

9 Section 223 of the Adult Education and Family Lit10 eracy Act (20 U.S.C. 9223) is amended— 

11 (1) in subsection (a)— 

12 (A) in the matter preceding paragraph (1), 

13 by inserting ‘‘to develop or enhance the adult 

14 education system of the State or outlying area’’ 

15 after ‘‘activities’’; 

16 (B) in paragraph (1), by striking ‘‘instruc17 tion incorporating’’ and all that follows through 

18 the period and inserting ‘‘instruction incor19 porating the essential components of reading in20 struction and instruction provided by volunteers 

21 or by personnel of a State or outlying area.’’; 

22 (C) in paragraph (2), by inserting ‘‘, in23 cluding development and dissemination of in24 structional and programmatic practices based 

25 on the most rigorous research available in read-
263 

•S 1021 IS 

1 ing, writing, speaking, mathematics, English 

2 language acquisition programs, distance learn3 ing, and staff training’’ after ‘‘activities’’; 

4 (D) in paragraph (5), by striking ‘‘moni5 toring and’’; 

6 (E) by striking paragraph (6) and insert7 ing the following: 

8 ‘‘(6) The development and implementation of 

9 technology applications, translation technology, or 

10 distance learning, including professional development 

11 to support the use of instructional technology.’’; and 

12 (F) by striking paragraph (7) through 

13 paragraph (11) and inserting the following: 

14 ‘‘(7) Coordination with— 

15 ‘‘(A) other partners carrying out activities 

16 authorized under this Act; and 

17 ‘‘(B) existing support services, such as 

18 transportation, child care, mental health serv19 ices, and other assistance designed to increase 

20 rates of enrollment in, and successful comple21 tion of, adult education and literacy activities, 

22 for adults enrolled in such activities. 

23 ‘‘(8) Developing and disseminating curricula, 

24 including curricula incorporating the essential com-
264 

•S 1021 IS 

1 ponents of reading instruction as such components 

2 relate to adults. 

3 ‘‘(9) The provision of assistance to eligible pro4 viders in developing, implementing, and reporting 

5 measurable progress in achieving the objectives of 

6 this subtitle. 

7 ‘‘(10) The development and implementation of 

8 a system to assist in the transition from adult basic 

9 education to postsecondary education, including link10 ages with postsecondary educational institutions. 

11 ‘‘(11) Integration of literacy and English lan12 guage instruction with occupational skill training, 

13 and promoting linkages with employers. 

14 ‘‘(12) Activities to promote workplace literacy 

15 programs. 

16 ‘‘(13) Activities to promote and complement 

17 local outreach initiatives described in section 

18 243(b)(3)(F). 

19 ‘‘(14) In cooperation with efforts funded under 

20 sections 242 and 243, the development of curriculum 

21 frameworks and rigorous content standards that— 

22 ‘‘(A) specify what adult learners should 

23 know and be able to do in the areas of reading 

24 and language arts, mathematics, and English 

25 language acquisition; and 
265 

•S 1021 IS 

1 ‘‘(B) take into consideration the following: 

2 ‘‘(i) State academic standards estab3 lished under section 1111(b) of the Ele4 mentary and Secondary Education Act of 

5 1965. 

6 ‘‘(ii) The current adult skills and lit7 eracy assessments used in the State or out8 lying area. 

9 ‘‘(iii) The core indicators of perform10 ance established under section 

11 212(b)(2)(A). 

12 ‘‘(iv) Standards and academic require13 ments for enrollment in non-remedial, for14 credit, courses in postsecondary education 

15 institutions supported by the State or out16 lying area. 

17 ‘‘(v) Where appropriate, the basic and 

18 literacy skill content of occupational and 

19 industry skill standards widely used by 

20 business and industry in the State or out21 lying area. 

22 ‘‘(15) In cooperation with efforts funded under 

23 sections 242 and 243, development and piloting of— 

24 ‘‘(A) new assessment tools and strategies 

25 that— 
266 

•S 1021 IS 

1 ‘‘(i) are based on scientifically based 

2 research, where available and appropriate; 

3 and 

4 ‘‘(ii) identify the needs and capture 

5 the gains of students at all levels, with 

6 particular emphasis on— 

7 ‘‘(I) students at the lowest 

8 achievement level; 

9 ‘‘(II) students who have limited 

10 English proficiency; and 

11 ‘‘(III) adults with learning dis12 abilities; 

13 ‘‘(B) options for improving teacher quality 

14 and retention; and 

15 ‘‘(C) assistance in converting research into 

16 practice. 

17 ‘‘(16) The development and implementation of 

18 programs and services to meet the needs of adult 

19 learners with learning disabilities or limited English 

20 proficiency. 

21 ‘‘(17) Other activities of statewide significance 

22 that promote the purpose of this title.’’; and 

23 (2) in subsection (c), by striking ‘‘being State24 or outlying area-imposed’’ and inserting ‘‘being im25 posed by the State or outlying area’’. 
267 

•S 1021 IS 

1 SEC. 210. STATE PLAN. 

2 Section 224 of the Adult Education and Family Lit3 eracy Act (20 U.S.C. 9224) is amended— 

4 (1) in subsection (a)— 

5 (A) by striking the heading and inserting 

6 ‘‘4-YEAR PLANS’’; and 

7 (B) in paragraph (1), by striking ‘‘5’’ and 

8 inserting ‘‘4’’; 

9 (2) in subsection (b)— 

10 (A) in paragraph (1), by inserting ‘‘and 

11 the role of provider and cooperating agencies in 

12 preparing the assessment’’ after ‘‘serve’’; 

13 (B) by striking paragraph (2) and insert14 ing the following: 

15 ‘‘(2) a description of how the eligible agency 

16 will address the adult education and literacy needs 

17 identified under paragraph (1) in each workforce de18 velopment area of the State, using funds received 

19 under this subtitle, as well as other Federal, State, 

20 or local funds received in partnership with other 

21 agencies for the purpose of adult literacy as applica22 ble;’’; 

23 (C) in paragraph (3)— 

24 (i) by inserting ‘‘and measure’’ after 

25 ‘‘evaluate’’; 
268 

•S 1021 IS 

1 (ii) by inserting ‘‘and improvement’’ 

2 after ‘‘effectiveness’’; and 

3 (iii) by striking ‘‘212’’ and inserting 

4 ‘‘212, including— 

5 ‘‘(A) how the eligible agency will evaluate 

6 and measure annually such effectiveness on a 

7 grant-by-grant basis; and 

8 ‘‘(B) how the eligible agency— 

9 ‘‘(i) will hold eligible providers ac10 countable regarding the progress of such 

11 providers in improving the academic 

12 achievement of participants in adult edu13 cation programs under this subtitle and re14 garding the core indicators of performance 

15 described in section 212(b)(2)(A); and 

16 ‘‘(ii) will use technical assistance, 

17 sanctions, and rewards (including alloca18 tion of grant funds based on performance 

19 and termination of grant funds based on 

20 performance)’’; 

21 (D) by redesignating paragraphs (5) 

22 through (12) as paragraphs (6) through (13), 

23 respectively; 

24 (E) by inserting after paragraph (4) the 

25 following: 
269 

•S 1021 IS 

1 ‘‘(5) a description of how the eligible agency 

2 will improve teacher quality, the professional devel3 opment of eligible providers, and instruction;’’; 

4 (G) in paragraph (6) (as redesignated by 

5 subparagraph (D)), by striking ‘‘who’’ and all 

6 that follows through the semicolon and insert7 ing ‘‘that— 

8 ‘‘(A) offers flexible schedules and coordi9 nates with necessary Federal, State, and local 

10 support services (such as child care, transpor11 tation, mental health services, and case man12 agement) to enable individuals, including indi13 viduals with disabilities or individuals with 

14 other special needs, to participate in adult edu15 cation and literacy activities; and 

16 ‘‘(B) attempts to coordinate with support 

17 services that are not provided under this sub18 title prior to using funds for adult education 

19 and literacy activities provided under this sub20 title for support services;’’; 

21 (H) in paragraph (10) (as redesignated by 

22 subparagraph (D)), by striking ‘‘plan;’’ and in23 serting ‘‘plan, which process— 

24 ‘‘(A) shall include the State Workforce In25 vestment Board, the Governor, State officials 
270 

•S 1021 IS 

1 representing public schools, community colleges, 

2 welfare agencies, agencies that provide services 

3 to individuals with disabilities, other State 

4 agencies that promote or operate adult edu5 cation and literacy activities, and direct pro6 viders of such adult literacy services; and 

7 ‘‘(B) may include consultation with the 

8 State agency for higher education, institutions 

9 responsible for professional development of 

10 adult education and literacy education program 

11 instructors, institutions of higher education, 

12 representatives of business and industry, ref13 ugee assistance programs, and community14 based organizations (as such term is defined in 

15 section 101);’’; 

16 (I) in paragraph (11) (as redesignated by 

17 subparagraph (D))— 

18 (i) by inserting ‘‘assess potential pop19 ulation needs and’’ after ‘‘will’’; 

20 (ii) in subparagraph (A), by striking 

21 ‘‘students’’ and inserting ‘‘individuals’’; 

22 (iii) in subparagraph (C), by striking 

23 ‘‘and’’ after the semicolon; and 

24 (iv) by adding at the end the fol25 lowing: 
271 

•S 1021 IS 

1 ‘‘(E) the unemployed; and 

2 ‘‘(F) those individuals who are employed, 

3 but at levels below self-sufficiency, as defined in 

4 section 101.’’; 

5 (J) in paragraph (12) (as redesignated by 

6 subparagraph (D))— 

7 (i) by inserting ‘‘and how the plan 

8 submitted under this subtitle is coordi9 nated with the plan submitted by the State 

10 under title I’’ after ‘‘eligible agency’’; and 

11 (ii) by striking ‘‘and’’ after the semi12 colon; 

13 (K) in paragraph (13) (as redesignated by 

14 subparagraph (D)), by striking ‘‘231(c)(1).’’ 

15 and inserting ‘‘231(c)(1), including— 

16 ‘‘(A) how the State will build the capacity 

17 of organizations that provide adult education 

18 and literacy activities; and 

19 ‘‘(B) how the State will increase the par20 ticipation of business and industry in adult edu21 cation and literacy activities;’’; and 

22 (L) by adding at the end the following: 

23 ‘‘(14) a description of how the eligible agency 

24 will consult with any State agency responsible for 

25 postsecondary education to develop adult education 
272 

•S 1021 IS 

1 programs and services (including academic skill de2 velopment and support services) that prepare stu3 dents to enter postsecondary education upon the at4 tainment of a secondary school diploma or its recog5 nized equivalent; 

6 ‘‘(15) a description of how the eligible agency 

7 will consult with the State agency responsible for 

8 workforce development to develop adult education 

9 programs and services that are designed to prepare 

10 students to enter the workforce; and 

11 ‘‘(16) a description of how the eligible agency 

12 will improve the professional development of eligible 

13 providers of adult education and literacy activities.’’; 

14 (3) in subsection (c), by adding at the end the 

15 following: ‘‘At the end of the first 2-year period of 

16 the 4-year State plan, the eligible agency shall re17 view and, as needed, revise the 4-year State plan.’’; 

18 and 

19 (4) in subsection (d)— 

20 (A) in paragraph (1), by inserting ‘‘, the 

21 chief State school officer, the State officer re22 sponsible for administering community and 

23 technical colleges, and the State Workforce In24 vestment Board’’ after ‘‘Governor’’; and 
273 

•S 1021 IS 

1 (B) in paragraph (2), by striking ‘‘com2 ments’’ and all that follows through the period 

3 and inserting ‘‘comments regarding the State 

4 plan by the Governor, the chief State school of5 ficer, the State officer responsible for admin6 istering community and technical colleges, and 

7 the State Workforce Investment Board, and 

8 any revision to the State plan, are submitted to 

9 the Secretary.’’. 

10 SEC. 211. PROGRAMS FOR CORRECTIONS EDUCATION AND 

11 OTHER INSTITUTIONALIZED INDIVIDUALS. 

12 Section 225 of the Adult Education and Family Lit13 eracy Act (20 U.S.C. 9225) is amended— 

14 (1) in subsection (b)— 

15 (A) in paragraph (1), by striking ‘‘basic 

16 education’’ and inserting ‘‘adult education and 

17 literacy activities’’; 

18 (B) in paragraph (2), by inserting ‘‘and’’ 

19 after the semicolon; 

20 (C) by striking paragraph (3); and 

21 (D) by redesignating paragraph (4) as 

22 paragraph (3); and 

23 (2) in subsection (d), by striking ‘‘DEFINITION

24 OF CRIMINAL OFFENDER.—’’ and inserting ‘‘DEFI25 NITIONS.—In this section:’’. 
274 

•S 1021 IS 

1 SEC. 212. GRANTS AND CONTRACTS FOR ELIGIBLE PRO2 VIDERS. 

3 Section 231 of the Adult Education and Family Lit4 eracy Act (20 U.S.C. 9241) is amended— 

5 (1) in subsection (b)— 

6 (A) in paragraph (1), by striking ‘‘work7 place literacy services’’ and inserting ‘‘work8 place literacy programs’’; and 

9 (B) in paragraph (3), by striking ‘‘lit10 eracy’’ and inserting ‘‘language acquisition’’; 

11 and 

12 (2) in subsection (e)— 

13 (A) in paragraph (1), by inserting ‘‘to be 

14 achieved annually on the core indicators of per15 formance and employment performance indica16 tors described in section 212(b)(2)’’ after ‘‘out17 comes’’; 

18 (B) by striking paragraph (3) and insert19 ing the following: 

20 ‘‘(3) the commitment of the eligible provider to 

21 be responsive to local needs and to serve individuals 

22 in the community who were identified by the assess23 ment as most in need of adult literacy services, in24 cluding individuals who are low-income, have mini25 mal literacy skills, have learning disabilities, or have 

26 limited English proficiency;’’; 
275 

•S 1021 IS 

1 (C) in paragraph (4)(B), by striking ‘‘, 

2 such as’’ and all that follows through the semi3 colon and inserting ‘‘that include the essential 

4 components of reading instruction;’’; 

5 (D) in paragraph (5), by striking ‘‘re6 search’’ and inserting ‘‘the most rigorous re7 search available, including scientifically based 

8 research,’’; 

9 (E) in paragraph (7), by inserting ‘‘, when 

10 appropriate and based on the most rigorous re11 search available, including scientifically based 

12 research,’’ after ‘‘real life contexts’’; 

13 (F) in paragraph (9), by inserting ‘‘edu14 cation, job training, and social service’’ after 

15 ‘‘other available’’; 

16 (G) in paragraph (10)— 

17 (i) by inserting ‘‘coordination with 

18 Federal, State, and local’’ after ‘‘schedules 

19 and’’; and 

20 (ii) by striking ‘‘and transportation’’ 

21 and inserting ‘‘, transportation, mental 

22 health services, and case management’’; 

23 (H) in paragraph (11)— 

24 (i) by inserting ‘‘measurable’’ after 

25 ‘‘report’’; 
276 

•S 1021 IS 

1 (ii) by striking ‘‘eligible agency’’; 

2 (iii) by inserting ‘‘established by the 

3 eligible agency’’ after ‘‘performance meas4 ures’’; and 

5 (iv) by striking ‘‘and’’ after the semi6 colon; 

7 (I) in paragraph (12), by striking ‘‘literacy 

8 programs.’’ and inserting ‘‘language acquisition 

9 programs and civics education programs;’’; and 

10 (J) by adding at the end the following: 

11 ‘‘(13) the capacity of the eligible provider to 

12 produce information on performance results, includ13 ing enrollments and measurable participant out14 comes; 

15 ‘‘(14) whether reading, writing, speaking, math16 ematics, and English language acquisition instruc17 tion provided by the eligible provider are based on 

18 the best practices derived from the most rigorous re19 search available; 

20 ‘‘(15) whether the eligible provider’s applica21 tions of technology and services to be provided are 

22 sufficient to increase the amount and quality of 

23 learning and lead to measurable learning gains with24 in specified time periods; and 
277 

•S 1021 IS 

1 ‘‘(16) the capacity of the eligible provider to 

2 serve adult learners with learning disabilities.’’. 

3 SEC. 213. LOCAL APPLICATION. 

4 Section 232 of the Adult Education and Family Lit5 eracy Act (20 U.S.C. 9242) is amended— 

6 (1) in paragraph (1)— 

7 (A) by inserting ‘‘consistent with the re8 quirements of this subtitle’’ after ‘‘spent’’; and 

9 (B) by striking ‘‘and’’ after the semicolon; 

10 (2) in paragraph (2), by striking the period at 

11 the end and inserting ‘‘; and’’; and 

12 (3) by adding at the end the following: 

13 ‘‘(3) information that addresses each of the 

14 considerations required under section 231(e).’’. 

15 SEC. 214. LOCAL ADMINISTRATIVE COST LIMITS. 

16 Section 233 of the Adult Education and Family Lit17 eracy Act (20 U.S.C. 9243) is amended— 

18 (1) in subsection (a)(2)— 

19 (A) by inserting ‘‘and professional’’ after 

20 ‘‘personnel’’; and 

21 (B) by inserting ‘‘development of measur22 able goals in reading, writing, and speaking the 

23 English language, and in mathematical com24 putation,’’ after ‘‘development,’’; and 

25 (2) in subsection (b)— 
278 

•S 1021 IS 

1 (A) by inserting ‘‘and professional’’ after 

2 ‘‘personnel’’; and 

3 (B) by inserting ‘‘development of measur4 able goals in reading, writing, and speaking the 

5 English language, and in mathematical com6 putation,’’ after ‘‘development,’’. 

7 SEC. 215. ADMINISTRATIVE PROVISIONS. 

8 Section 241(b) of the Adult Education and Family 

9 Literacy Act (20 U.S.C. 9251(b)) is amended— 

10 (1) in paragraph (1)(A)— 

11 (A) by striking ‘‘adult education and lit12 eracy activities’’ each place the term appears 

13 and inserting ‘‘activities under this subtitle’’; 

14 and 

15 (B) by striking ‘‘was’’ and inserting 

16 ‘‘were’’; and 

17 (2) in paragraph (4)— 

18 (A) by inserting ‘‘not more than’’ after 

19 ‘‘this subsection for’’; and 

20 (B) by striking ‘‘only’’. 

21 SEC. 216. NATIONAL INSTITUTE FOR LITERACY. 

22 Section 242 of the Adult Education and Family Lit23 eracy Act (20 U.S.C. 9252) is amended— 

24 (1) in subsection (a)— 
279 

•S 1021 IS 

1 (A) in paragraph (1), by striking ‘‘lit2 eracy’’ and inserting ‘‘effective literacy pro3 grams for children, youth, adults, and families’’; 

4 (B) in paragraph (2), by inserting ‘‘and 

5 disseminates information on’’ after ‘‘coordi6 nates’’; and 

7 (C) by striking paragraph (3)(A) and in8 serting the following: 

9 ‘‘(A) coordinating and participating in the 

10 Federal effort to identify and disseminate infor11 mation on literacy that is derived from scientif12 ically based research, or the most rigorous re13 search available, and effective programs that 

14 serve children, youth, adults, and families; 

15 and’’; 

16 (2) by striking subsection (b)(3) and inserting 

17 the following: 

18 ‘‘(3) RECOMMENDATIONS.—The Interagency 

19 Group, in consultation with the National Institute 

20 for Literacy Advisory Board (in this section referred 

21 to as the ‘Board’) established under subsection (e), 

22 shall plan the goals of the Institute and the imple23 mentation of any programs to achieve the goals. The 

24 Board may also request a meeting of the Inter-
280 

•S 1021 IS 

1 agency Group to discuss any recommendations the 

2 Board may make.’’; 

3 (3) in subsection (c)— 

4 (A) in paragraph (1)— 

5 (i) in subparagraph (A)— 

6 (I) by striking ‘‘to establish’’ and 

7 inserting ‘‘to maintain’’; 

8 (II) in clause (i), by striking 

9 ‘‘phonemic awareness, systematic 

10 phonics, fluency, and reading com11 prehension’’ and inserting ‘‘the essen12 tial components of reading instruc13 tion’’; 

14 (III) in clause (iii), by striking 

15 ‘‘and’’ after the semicolon; 

16 (IV) in clause (iv), by inserting 

17 ‘‘and’’ after the semicolon; and 

18 (V) by adding at the end the fol19 lowing: 

20 ‘‘(v) a list of local adult education and 

21 literacy programs;’’; 

22 (ii) in subparagraph (C)— 

23 (I) by striking ‘‘reliable and 

24 replicable research’’ and inserting ‘‘re25 liable and replicable research as de-
281 

•S 1021 IS 

1 fined by the Institute of Education 

2 Sciences’’; and 

3 (II) by striking ‘‘especially with 

4 the Office of Educational Research 

5 and Improvement in the Department 

6 of Education,’’; 

7 (iii) in subparagraph (D), by striking 

8 ‘‘phonemic awareness, systematic phonics, 

9 fluency, and reading comprehension based 

10 on’’ and inserting ‘‘the essential compo11 nents of reading instruction and’’; 

12 (iv) in subparagraph (H), by striking 

13 ‘‘and’’ after the semicolon; 

14 (v) in subparagraph (I), by striking 

15 the period at the end and inserting a semi16 colon; and 

17 (vi) by adding at the end the fol18 lowing: 

19 ‘‘(J) to work cooperatively with the De20 partment of Education to assist States that are 

21 pursuing the implementation of standards-based 

22 educational improvements for adults through 

23 the dissemination of training, technical assist24 ance, and related support and through the de-
282 

•S 1021 IS 

1 velopment and dissemination of related stand2 ards-based assessment instruments; and 

3 ‘‘(K) to identify scientifically based re4 search where available, or the most rigorous re5 search available, on the effectiveness of instruc6 tional practices and organizational strategies re7 lating to literacy programs on the acquisition of 

8 skills in reading, writing, English acquisition, 

9 and mathematics.’’; and 

10 (B) by adding at the end the following: 

11 ‘‘(3) COORDINATION.—In identifying the reli12 able and replicable research the Institute will sup13 port, the Institute shall use standards for research 

14 quality that are consistent with those of the Insti15 tute of Education Sciences.’’; 

16 (4) in subsection (e)— 

17 (A) in paragraph (1)(B)— 

18 (i) in clause (i), by striking ‘‘literacy 

19 programs’’ and inserting ‘‘language acqui20 sition programs’’; 

21 (ii) in clause (ii), by striking ‘‘literacy 

22 programs’’ and inserting ‘‘or have partici23 pated in or partnered with workplace lit24 eracy programs’’; 
283 

•S 1021 IS 

1 (iii) in clause (iv), by inserting ‘‘, in2 cluding adult literacy research’’ after ‘‘re3 search’’; 

4 (iv) in clause (vi), by striking ‘‘and’’ 

5 after the semicolon; 

6 (v) in clause (vii), by striking the pe7 riod at the end and inserting ‘‘; and’’; and 

8 (vi) by adding at the end the fol9 lowing: 

10 ‘‘(viii) institutions of higher edu11 cation.’’; 

12 (B) in paragraph (2)— 

13 (i) in subparagraph (B), by striking 

14 ‘‘and’’ after the semicolon; 

15 (ii) in subparagraph (C), by striking 

16 the period at the end and inserting ‘‘; 

17 and’’; and 

18 (iii) by adding at the end the fol19 lowing: 

20 ‘‘(D) review the biennial report submitted 

21 to Congress pursuant to subsection (k).’’; and 

22 (C) in paragraph (5), by striking the sec23 ond sentence and inserting the following: ‘‘A 

24 recommendation of the Board may be passed 

25 only by a majority of the Board’s members 
284 

•S 1021 IS 

1 present at a meeting for which there is a 

2 quorum.’’; and 

3 (5) in subsection (k)— 

4 (A) by striking ‘‘Labor and Human Re5 sources’’ and inserting ‘‘Health, Education, 

6 Labor, and Pensions’’; and 

7 (B) by striking ‘‘The Institute shall submit 

8 a report biennially to’’ and inserting ‘‘Not later 

9 than 1 year after the date of enactment of the 

10 Adult Education and Family Literacy Act 

11 Amendments of 2005, and biennially thereafter, 

12 the Institute shall submit a report to’’. 

13 SEC. 217. NATIONAL LEADERSHIP ACTIVITIES. 

14 Section 243 of the Adult Education and Family Lit15 eracy Act (20 U.S.C. 9253) is amended to read as follows: 

16 ‘‘SEC. 243. NATIONAL LEADERSHIP ACTIVITIES. 

17 ‘‘(a) IN GENERAL.—The Secretary shall establish 

18 and carry out a program of national leadership activities 

19 to enhance the quality of adult education and literacy pro20 grams nationwide. 

21 ‘‘(b) PERMISSIVE ACTIVITIES.—The national leader22 ship activities described in subsection (a) may include the 

23 following: 

24 ‘‘(1) Technical assistance, including— 
285 

•S 1021 IS 

1 ‘‘(A) assistance provided to eligible pro2 viders in developing and using performance 

3 measures for the improvement of adult edu4 cation and literacy activities, including family 

5 literacy services; 

6 ‘‘(B) assistance related to professional de7 velopment activities, and assistance for the pur8 poses of developing, improving, identifying, and 

9 disseminating the most successful methods and 

10 techniques for providing adult education and 

11 literacy activities, including family literacy serv12 ices, based on scientific evidence where avail13 able; 

14 ‘‘(C) assistance in distance learning and 

15 promoting and improving the use of technology 

16 in the classroom; 

17 ‘‘(D) assistance in developing valid, meas18 urable, and reliable performance data, including 

19 data about employment and employment out20 come, and using performance information for 

21 the improvement of adult education and literacy 

22 programs; and 

23 ‘‘(E) assistance to help States, particularly 

24 low-performing States, meet the requirements 

25 of section 212. 
286 

•S 1021 IS 

1 ‘‘(2) A program of grants, contracts, or cooper2 ative agreements awarded on a competitive basis to 

3 national, regional, or local networks of private non4 profit organizations, public libraries, or institutions 

5 of higher education to build the capacity of such net6 works’ members to meet the performance require7 ments of eligible providers under this title and in8 volve adult learners in program improvement. 

9 ‘‘(3) Funding national leadership activities that 

10 are not described in paragraph (1), either directly or 

11 through grants, contracts, or cooperative agreements 

12 awarded on a competitive basis to or with postsec13 ondary educational institutions, public or private or14 ganizations or agencies, or consortia of such institu15 tions, organizations, or agencies, such as— 

16 ‘‘(A) developing, improving, and identifying 

17 the most successful methods and techniques for 

18 addressing the education needs of adults, in19 cluding instructional practices using the essen20 tial components of reading instruction based on 

21 the work of the National Institute of Child 

22 Health and Human Development; 

23 ‘‘(B) increasing the effectiveness of, and 

24 improving the quality of, adult education and 
287 

•S 1021 IS 

1 literacy activities, including family literacy serv2 ices; 

3 ‘‘(C) carrying out rigorous research, in4 cluding scientifically based research where ap5 propriate, on national literacy basic skill acqui6 sition for adult learning, including estimating 

7 the number of adults functioning at the lowest 

8 levels of literacy proficiency; 

9 ‘‘(D)(i) carrying out demonstration pro10 grams; 

11 ‘‘(ii) disseminating best practices informa12 tion, including information regarding promising 

13 practices resulting from federally funded dem14 onstration programs; and 

15 ‘‘(iii) developing and replicating best prac16 tices and innovative programs, including— 

17 ‘‘(I) the development of models for 

18 basic skill certificates; 

19 ‘‘(II) the identification of effective 

20 strategies for working with adults with 

21 learning disabilities and with adults with 

22 limited English proficiency; 

23 ‘‘(III) integrated basic and workplace 

24 skills education programs; 
288 

•S 1021 IS 

1 ‘‘(IV) coordinated literacy and em2 ployment services; and 

3 ‘‘(V) postsecondary education transi4 tion programs; 

5 ‘‘(E) providing for the conduct of an inde6 pendent evaluation and assessment of adult 

7 education and literacy activities through studies 

8 and analyses conducted independently through 

9 grants and contracts awarded on a competitive 

10 basis, which evaluation and assessment shall in11 clude descriptions of— 

12 ‘‘(i) the effect of performance meas13 ures and other measures of accountability 

14 on the delivery of adult education and lit15 eracy activities, including family literacy 

16 services; 

17 ‘‘(ii) the extent to which the adult 

18 education and literacy activities, including 

19 family literacy services, increase the lit20 eracy skills of adults (and of children, in 

21 the case of family literacy services), lead 

22 the participants in such activities to in23 volvement in further education and train24 ing, enhance the employment and earnings 

25 of such participants, and, if applicable, 
289 

•S 1021 IS 

1 lead to other positive outcomes, such as re2 ductions in recidivism in the case of pris3 on-based adult education and literacy ac4 tivities; 

5 ‘‘(iii) the extent to which the provision 

6 of support services to adults enrolled in 

7 adult education and family literacy pro8 grams increase the rate of enrollment in, 

9 and successful completion of, such pro10 grams; and 

11 ‘‘(iv) the extent to which different 

12 types of providers measurably improve the 

13 skills of participants in adult education 

14 and literacy programs; 

15 ‘‘(F) supporting efforts aimed at capacity 

16 building of programs at the State and local lev17 els such as technical assistance in program 

18 planning, assessment, evaluation, and moni19 toring of activities carried out under this sub20 title; 

21 ‘‘(G) collecting data, such as data regard22 ing the improvement of both local and State 

23 data systems, through technical assistance and 

24 development of model performance data collec25 tion systems; 
290 

•S 1021 IS 

1 ‘‘(H) supporting the development of an en2 tity that would produce and distribute tech3 nology-based programs and materials for adult 

4 education and literacy programs using an inter5 connection system (as defined in section 397 of 

6 the Communications Act of 1934 (47 U.S.C. 

7 397)) and expand the effective outreach and 

8 use of such programs and materials to adult 

9 education eligible providers; 

10 ‘‘(I) determining how participation in adult 

11 education and literacy activities prepares indi12 viduals for entry into postsecondary education 

13 and employment and, in the case of prison14 based services, has an effect on recidivism; and 

15 ‘‘(J) other activities designed to enhance 

16 the quality of adult education and literacy ac17 tivities nationwide.’’. 

18 SEC. 218. INTEGRATED ENGLISH LITERACY AND CIVICS 

19 EDUCATION. 

20 Chapter 4 of subtitle A of title II (29 U.S.C. 9251 

21 et seq.) is amended by adding at the end the following: 

22 ‘‘SEC. 244. INTEGRATED ENGLISH LITERACY AND CIVICS 

23 EDUCATION. 

24 ‘‘(a) IN GENERAL.—From funds made available 

25 under section 211(a)(4) for each fiscal year, the Secretary 
291 

•S 1021 IS 

1 shall award grants to States, from allotments under sub2 section (b), for integrated English literacy and civics edu3 cation. 

4 ‘‘(b) ALLOTMENT.— 

5 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

6 from amounts made available under section 

7 211(a)(4) for a fiscal year, the Secretary shall allo8 cate— 

9 ‘‘(A) 65 percent to the States on the basis 

10 of a State’s need for integrated English literacy 

11 and civics education as determined by calcu12 lating each State’s share of a 10-year average 

13 of the Immigration and Naturalization Service 

14 data for immigrants admitted for legal perma15 nent residence for the 10 most recent years; 

16 and 

17 ‘‘(B) 35 percent to the States on the basis 

18 of whether the State experienced growth as 

19 measured by the average of the 3 most recent 

20 years for which Immigration and Naturalization 

21 Service data for immigrants admitted for legal 

22 permanent residence are available. 

23 ‘‘(2) MINIMUM.—No State shall receive an al24 lotment under paragraph (1) in an amount that is 

25 less than $60,000.’’. 
292 

•S 1021 IS 

1 SEC. 219. TRANSITION. 

2 The Secretary shall take such steps as the Secretary 

3 determines to be appropriate to provide for the orderly 

4 transition to the authority of the Adult Education and 

5 Family Literacy Act (as amended by this title) from any 

6 authority under provisions of the Adult Education and 

7 Family Literacy Act (as such Act was in effect on the day 

8 before the date of enactment of the Adult Education and 

9 Family Literacy Act Amendments of 2005). 

10 TITLE III—AMENDMENTS TO 

11 OTHER PROVISIONS OF LAW 

12 SEC. 301. WAGNER-PEYSER ACT. 

13 (a) CONFORMING AMENDMENT.—Section 2(3) of the 

14 Wagner-Peyser Act (29 U.S.C. 49a(3)) is amended by 

15 striking ‘‘section 134(c)’’ and inserting ‘‘section 121(e)’’. 

16 (b) COLOCATION.—Section 3 of the Wagner-Peyser 

17 Act (29 U.S.C. 49b) is amended by adding at the end the 

18 following: 

19 ‘‘(d) In order to avoid duplication of services and en20 hance integration of services, employment services offices 

21 in each State shall be colocated with one-stop centers es22 tablished under title I of the Workforce Investment Act 

23 of 1998 (29 U.S.C. 2801 et seq.). 

24 ‘‘(e) The Secretary, in consultation with States, is au25 thorized to assist in the development of national electronic 
293 

•S 1021 IS 

1 tools that may be used to improve access to workforce in2 formation for individuals through— 

3 ‘‘(1) the one-stop delivery systems established 

4 under section 121(e) of the Workforce Investment 

5 Act of 1998 (29 U.S.C. 2841(e)); and 

6 ‘‘(2) such other delivery systems as the Sec7 retary determines to be appropriate.’’. 

8 (c) COOPERATIVE STATISTICAL PROGRAM.—Section 

9 14 of the Wagner-Peyser Act (29 U.S.C. 49l–1) is amend10 ed by striking the section heading and all that follows 

11 through ‘‘There’’ and inserting the following: 

12 ‘‘SEC. 14. COOPERATIVE STATISTICAL PROGRAM. 

13 ‘‘There’’. 

14 (d) WORKFORCE AND LABOR MARKET INFORMATION

15 SYSTEM.—Section 15 of the Wagner-Peyser Act (29 

16 U.S.C. 49l–2) is amended— 

17 (1) by striking the section heading and insert18 ing the following: 

19 ‘‘SEC. 15. WORKFORCE AND LABOR MARKET INFORMATION 

20 SYSTEM.’’; 

21 (2) by striking ‘‘employment statistics system’’ 

22 each place it appears and inserting ‘‘workforce and 

23 labor market information system’’; 

24 (3) in subsection (a)(1), by striking ‘‘of employ25 ment statistics’’; 
294 

•S 1021 IS 

1 (4) in subsection (b)— 

2 (A) in paragraph (1)— 

3 (i) by striking ‘‘The’’ and inserting 

4 the following: 

5 ‘‘(A) STRUCTURE.—The’’; and 

6 (ii) by adding at the end the fol7 lowing: 

8 ‘‘(B) GRANTS OR COOPERATIVE AGREE9 MENTS.— 

10 ‘‘(i) IN GENERAL.—The Secretary 

11 shall carry out the provisions of this sec12 tion in a timely manner through grants or 

13 cooperative agreements with States. 

14 ‘‘(ii) DISTRIBUTION OF FUNDS.—With 

15 regard to distributing funds appropriated 

16 under subsection (g) (relating to workforce 

17 and labor market information funding) for 

18 fiscal years 2006 through 2011, the Sec19 retary shall continue to distribute the 

20 funds to States in the manner in which the 

21 Secretary distributed funds to the States 

22 under this section for fiscal years 1999 

23 through 2003.’’; and 

24 (B) in paragraph (2)(E)— 
295 

•S 1021 IS 

1 (i) in clause (i), by adding ‘‘and’’ at 

2 the end; 

3 (ii) in clause (ii), by striking ‘‘; and’’ 

4 and inserting a period; and 

5 (iii) by striking clause (iii); 

6 (5) by striking subsections (c) and (d) and in7 serting the following: 

8 ‘‘(c) TWO-YEAR PLAN.—The Secretary, working 

9 through the Commissioner of Labor Statistics, and in co10 operation with the States and with the assistance of the 

11 Assistant Secretary for Employment and Training and 

12 heads of other appropriate Federal agencies, shall prepare 

13 a 2-year plan which shall be the mechanism for achieving 

14 cooperative management of the nationwide workforce and 

15 labor market information system described in subsection 

16 (a) and the statewide workforce and labor market informa17 tion systems that comprise the nationwide system. The 

18 plan shall— 

19 ‘‘(1) describe the steps the to be taken in the 

20 following 2 years to carry out the duties described 

21 in subsection (b)(2); 

22 ‘‘(2) evaluate the performance of the system 

23 and recommend needed improvements, with par24 ticular attention to the improvements needed at the 

25 State and local levels; and 
296 

•S 1021 IS 

1 ‘‘(3) describe the involvement of States in the 

2 development of the plan, through consultation be3 tween the Secretary and representatives from State 

4 agencies in accordance with subsection (d). 

5 ‘‘(d) COORDINATION WITH THE STATES.—The Sec6 retary, working though the Commissioner of Labor Statis7 tics and in coordination with the Assistant Secretary for 

8 Employment and Training, shall consult at least annually 

9 with representatives of each of the Federal regions of the 

10 Department of Labor, elected (pursuant to a process es11 tablished by the Secretary) by and from the State work12 force and labor market information directors affiliated 

13 with the State agencies that perform the duties described 

14 in subsection (e)(2).’’; 

15 (6) in subsection (e)(2)— 

16 (A) in subparagraph (G), by adding ‘‘and’’ 

17 at the end; 

18 (B) by striking subparagraph (H); and 

19 (C) by redesignating subparagraph (I) as 

20 subparagraph (H); and 

21 (7) in subsection (g), by striking ‘‘1999 through 

22 2004’’ and inserting ‘‘2006 through 2011’’. 
297 

•S 1021 IS 

1 TITLE IV—REHABILITATION ACT 

2 AMENDMENTS 

3 SEC. 401. SHORT TITLE. 

4 This title may be cited as the ‘‘Rehabilitation Act 

5 Amendments of 2005’’. 

6 SEC. 402. TECHNICAL AMENDMENTS TO TABLE OF CON7 TENTS. 

8 (a) EXPANDED TRANSITION SERVICES.—Section 

9 1(b) of the Rehabilitation Act of 1973 is amended by in10 serting after the item relating to section 110 the following: 

‘‘Sec. 110A. Reservation for expanded transition services.’’. 

11 (b) INCENTIVE GRANTS.—Section 1(b) of the Reha12 bilitation Act of 1973 is amended by inserting after the 

13 item relating to section 112 the following: 

‘‘Sec. 113. Incentive grants.’’. 

14 (c) INDEPENDENT LIVING SERVICES FOR OLDER IN15 DIVIDUALS WHO ARE BLIND.—Section 1(b) of the Reha16 bilitation Act of 1973 is amended by striking the items 

17 relating to sections 752 and 753 and inserting the fol18 lowing: 

‘‘Sec. 752. Training and technical assistance. 

‘‘Sec. 753. Program of grants. 

‘‘Sec. 754. Authorization of appropriations.’’. 

19 SEC. 403. PURPOSE. 

20 Section 2 of the Rehabilitation Act of 1973 (29 

21 U.S.C. 701) is amended— 

22 (1) in subsection (a)— 
298 

•S 1021 IS 

1 (A) in paragraph (5), by striking ‘‘and’’ 

2 after the semicolon; 

3 (B) in paragraph (6), by striking the pe4 riod at the end and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(7)(A) a high proportion of youth who are in7 dividuals with disabilities is leaving special education 

8 without being employed or being enrolled in con9 tinuing education; and 

10 ‘‘(B) there is a substantial need to support 

11 those youth as the youth transition from school to 

12 postsecondary life.’’; and 

13 (2) in subsection (b)— 

14 (A) in paragraph (1)(F), by striking ‘‘and’’ 

15 after the semicolon; 

16 (B) in paragraph (2), by striking the pe17 riod at the end and inserting ‘‘; and’’; and 

18 (C) by adding at the end the following: 

19 ‘‘(3) to provide opportunities for employers and 

20 vocational rehabilitation service providers to provide 

21 meaningful input at all levels of government to en22 sure successful employment of individuals with dis23 abilities.’’. 
299 

•S 1021 IS 

1 SEC. 404. DEFINITIONS. 

2 Section 7 of the Rehabilitation Act of 1973 (29 

3 U.S.C. 705) is amended— 

4 (1) in paragraph (2)(B)— 

5 (A) in the matter preceding clause (i), by 

6 inserting ‘‘and literacy services’’ after ‘‘sup7 ported employment’’; and 

8 (B) in clause (iii), by inserting ‘‘and lit9 eracy skills’’ after ‘‘educational achievements’’; 

10 (2) by striking paragraphs (3) and (4) and in11 serting the following: 

12 ‘‘(3) ASSISTIVE TECHNOLOGY DEFINITIONS.— 

13 ‘‘(A) ASSISTIVE TECHNOLOGY.—The term 

14 ‘assistive technology’ has the meaning given 

15 such term in section 3 of the Assistive Tech16 nology Act of 1998 (29 U.S.C. 3002). 

17 ‘‘(B) ASSISTIVE TECHNOLOGY DEVICE.— 

18 The term ‘assistive technology device’ has the 

19 meaning given such term in section 3 of the As20 sistive Technology Act of 1998, except that the 

21 reference in such section to the term ‘individ22 uals with disabilities’ shall be deemed to mean 

23 more than one individual with a disability as 

24 defined in paragraph (20)(A). 

25 ‘‘(C) ASSISTIVE TECHNOLOGY SERVICE.— 

26 The term ‘assistive technology service’ has the 
300 

•S 1021 IS 

1 meaning given such term in section 3 of the As2 sistive Technology Act of 1998, except that the 

3 reference in such section— 

4 ‘‘(i) to the term ‘individual with a dis5 ability’ shall be deemed to mean an indi6 vidual with a disability, as defined in para7 graph (20)(A); and 

8 ‘‘(ii) to the term ‘individuals with dis9 abilities’ shall be deemed to mean more 

10 than one such individual.’’; 

11 (3) by striking paragraph (7) and inserting the 

12 following: 

13 ‘‘(7) CONSUMER ORGANIZATION.—The term 

14 ‘consumer organization’ means a membership orga15 nization in which a majority of the organization’s 

16 members and a majority of the organization’s offi17 cers are individuals with disabilities.’’; 

18 (4) in paragraph (17)— 

19 (A) in subparagraph (C), by striking 

20 ‘‘and’’ after the semicolon; 

21 (B) in subparagraph (D), by striking the 

22 period at the end and inserting ‘‘; and’’; and 

23 (C) by adding at the end the following: 

24 ‘‘(E) maintaining individuals with signifi25 cant disabilities in, or transitioning individuals 
301 

•S 1021 IS 

1 with significant disabilities to, community-based 

2 living.’’; 

3 (5) by redesignating paragraphs (24) through 

4 (28), (29) through (34), (35) through (37), and (38) 

5 through (39), as paragraphs (25) through (29), (31) 

6 through (36), (38) through (40), and (42) through 

7 (43), respectively; 

8 (6) by inserting after paragraph (23) the fol9 lowing: 

10 ‘‘(24) LITERACY.—The term ‘literacy’ has the 

11 meaning given the term in section 203 of the Adult 

12 Education and Family Literacy Act (20 U.S.C. 

13 9202).’’; 

14 (7) by inserting after paragraph (29), as redes15 ignated by paragraph (5), the following: 

16 ‘‘(30) POST-EMPLOYMENT SERVICE.—The term 

17 ‘post-employment’ service means a service identified 

18 in section 103(a) that is— 

19 ‘‘(A) provided subsequent to the achieve20 ment of an employment outcome; and 

21 ‘‘(B) necessary for an individual to main22 tain, regain, or advance in employment, con23 sistent with the individual’s strengths, re24 sources, priorities, concerns, abilities, capabili25 ties, interests, and informed choice.’’; 
302 

•S 1021 IS 

1 (8) by inserting after paragraph (36), as redes2 ignated by paragraph (5), the following: 

3 ‘‘(37) STUDENT WITH A DISABILITY.— 

4 ‘‘(A) IN GENERAL.—The term ‘student 

5 with a disability’ means an individual with a 

6 disability who attends an elementary school or 

7 secondary school and who— 

8 ‘‘(i) is not younger than 16 years of 

9 age; 

10 ‘‘(ii) is not older than 22 years of age; 

11 ‘‘(iii) has been determined to be eligi12 ble under section 102(a) for assistance 

13 under title I; and 

14 ‘‘(iv)(I) is eligible for, and receiving, 

15 special education or related services under 

16 part B of the Individuals with Disabilities 

17 Education Act (20 U.S.C. 1411 et seq.); or 

18 ‘‘(II) is an individual with a disability, 

19 for purposes of section 504. 

20 ‘‘(B) STUDENTS WITH DISABILITIES.—The 

21 term ‘students with disabilities’ means more 

22 than 1 student with a disability.’’; 

23 (9) in paragraph (38)(A)(ii), as redesignated by 

24 paragraph (5), by striking ‘‘paragraph (36)(C)’’ and 

25 inserting ‘‘paragraph (39)(C)’’; and 
303 

•S 1021 IS 

1 (10) by inserting after paragraph (40), as re2 designated by paragraph (5), the following: 

3 ‘‘(41) TRANSITION SERVICES EXPANSION

4 YEAR.—The term ‘transition services expansion 

5 year’ means— 

6 ‘‘(A) the first fiscal year for which the 

7 amount appropriated under section 100(b) ex8 ceeds the amount appropriated under section 

9 100(b) for fiscal year 2006 by not less than 

10 $100,000,000; and 

11 ‘‘(B) each fiscal year subsequent to that 

12 first fiscal year.’’. 

13 SEC. 405. ADMINISTRATION OF THE ACT. 

14 Section 12(a)(1) of the Rehabilitation Act of 1973 

15 (29 U.S.C. 709(a)(1)) is amended— 

16 (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; 

17 (2) by adding at the end the following: 

18 ‘‘(B) provide technical assistance to the des19 ignated State units on developing successful partner20 ships with local and multi-State businesses in an ef21 fort to employ individuals with disabilities; and 

22 ‘‘(C) provide technical assistance on developing 

23 self-employment opportunities and outcomes for in24 dividuals with disabilities;’’. 
304 

•S 1021 IS 

1 SEC. 406. REPORTS. 

2 Section 13 of the Rehabilitation Act of 1973 (29 

3 U.S.C. 710) is amended by adding at the end the fol4 lowing: 

5 ‘‘(d)(1)(A) The Commissioner shall ensure that the 

6 reports, information, and data described in subparagraph 

7 (B) will be posted in a timely manner on the website of 

8 the Department of Education, in order to inform the pub9 lic about the administration and performance of programs 

10 in each State under this Act. 

11 ‘‘(B) The reports, information, and data referred to 

12 in subparagraph (A) shall consist of— 

13 ‘‘(i) reports submitted by a designated State 

14 unit under this Act; 

15 ‘‘(ii) accountability information (including State 

16 performance information relating to evaluation 

17 standards and performance indicators under section 

18 106 and State performance information relating to 

19 State performance measures under section 136 of 

20 the Workforce Investment Act of 1998 (29 U.S.C. 

21 2871)) submitted by a designated State unit under 

22 this Act or submitted under such section 136; 

23 ‘‘(iii) data collected from each designated State 

24 unit under this Act with the approval of the Office 

25 of Management and Budget; and 
305 

•S 1021 IS 

1 ‘‘(iv) monitoring reports conducted under this 

2 Act. 

3 ‘‘(C) The Commissioner shall maintain, and post on 

4 the website, a listing of the reports, information, and data 

5 required to be submitted by designated State units under 

6 this Act. 

7 ‘‘(D) The Commissioner shall post on the website, or 

8 establish links on the website to, evaluations, studies, and 

9 audits, including evaluations, studies, and audits con10 ducted by agencies of the Federal government, concerning 

11 programs carried out under this Act. 

12 ‘‘(E) The Commissioner shall maintain on the website 

13 a list of the designated State units and shall establish 

14 links on the website to websites maintained by those units. 

15 ‘‘(2) The Commissioner shall maintain public use 

16 read-only access to the State and aggregated reports and 

17 analyzed data filed and maintained on the Rehabilitation 

18 Services Administration management information system 

19 or a similar system maintained by the Department of Edu20 cation.’’. 

21 SEC. 407. CARRYOVER. 

22 Section 19 of the Rehabilitation Act of 1973 (29 

23 U.S.C. 716) is amended— 

24 (1) in subsection (a)(1)— 
306 

•S 1021 IS 

1 (A) by striking ‘‘, section 509 (except as 

2 provided in section 509(b))’’; 

3 (B) by striking ‘‘or C’’; and 

4 (C) by striking ‘‘752(b)’’ and inserting 

5 ‘‘753(b)’’; and 

6 (2) by adding at the end the following: 

7 ‘‘(c) CLIENT ASSISTANCE PROGRAM; PROTECTION

8 AND ADVOCACY OF INDIVIDUAL RIGHTS.— 

9 ‘‘(1) APPROPRIATED AMOUNTS.—Notwith10 standing any other provision of law, any funds ap11 propriated for a fiscal year to carry out a grant pro12 gram under section 112 or 509 (except as provided 

13 in section 509(b)), including any funds reallotted 

14 under such grant program, that are not obligated 

15 and expended by recipients prior to the beginning of 

16 the succeeding fiscal year shall remain available for 

17 obligation and expenditure by such recipients during 

18 such succeeding fiscal year. 

19 ‘‘(2) PROGRAM INCOME.—Notwithstanding any 

20 other provision of law, any amounts of program in21 come received by recipients under a grant program 

22 under section 112 or 509 in a fiscal year that are 

23 not obligated and expended by recipients prior to the 

24 beginning of the succeeding fiscal year, shall remain 

25 available until expended.’’. 
307 

•S 1021 IS 

1 Subtitle A—Vocational 

2 Rehabilitation Services 

3 SEC. 411. DECLARATION OF POLICY; AUTHORIZATION OF 

4 APPROPRIATIONS. 

5 Section 100(b)(1) of the Rehabilitation Act of 1973 

6 (29 U.S.C. 720(b)(1)) is amended by striking ‘‘fiscal years 

7 1999 through 2003’’ and inserting ‘‘fiscal years 2006 

8 through 2011’’. 

9 SEC. 412. STATE PLANS. 

10 (a) IN GENERAL.—Section 101(a) of the Rehabilita11 tion Act of 1973 (29 U.S.C. 721(a)) is amended— 

12 (1) in paragraph (2), by adding at the end the 

13 following: 

14 ‘‘(D) STATE AGENCY FOR REIMBURSE15 MENT PURPOSES.—A governing body of an In16 dian tribe that receives a grant under section 

17 121 shall be considered, for purposes of the cost 

18 reimbursement provisions— 

19 ‘‘(i) in section 222(d)(1) of the Social 

20 Security Act (42 U.S.C. 422(d)(1)), to be 

21 a State; and 

22 ‘‘(ii) in subsections (d) and (e) of sec23 tion 1615 of the Social Security Act (42 

24 U.S.C. 1382d), to be a State agency de25 scribed in subsection (d) of that section.’’; 
308 

•S 1021 IS 

1 (2) in paragraph (6)(B), by striking ‘‘to employ 

2 and advance in employment’’ and inserting ‘‘to re3 cruit, employ, and advance in employment’’; 

4 (3) in paragraph (7)(A)(v), by striking sub5 clause (I) and inserting the following: 

6 ‘‘(I) a system for the continuing 

7 education of rehabilitation profes8 sionals and paraprofessionals within 

9 the designated State unit, particularly 

10 with respect to rehabilitation tech11 nology, including training imple12 mented in coordination with State 

13 programs carried out under section 4 

14 of the Assistive Technology Act of 

15 1998 (29 U.S.C. 3003); and’’; 

16 (4) in paragraph (10)— 

17 (A) in subparagraph (B), by striking ‘‘an18 nual reporting on the eligible individuals receiv19 ing the services, on those specific data elements 

20 described in section 136(d)(2) of the Workforce 

21 Investment Act of 1998’’ and inserting ‘‘annual 

22 reporting of information on eligible individuals 

23 receiving the services that is needed to assess 

24 performance on the core indicators of perform25 ance described in section 136(b)(2)(A)(i) of the 
309 

•S 1021 IS 

1 Workforce Investment Act of 1998 (29 U.S.C. 

2 2871(b)(2)(A)(i))’’; 

3 (B) in subparagraph (C), by striking 

4 clauses (iii) and (iv) and inserting the following: 

5 ‘‘(iii) the number of applicants and el6 igible recipients, including the number of 

7 individuals with significant disabilities, who 

8 exited the program carried out under this 

9 title and the number of such individuals 

10 who achieved employment outcomes after 

11 receiving vocational rehabilitation services; 

12 and 

13 ‘‘(iv) the number of individuals who 

14 received vocational rehabilitation services 

15 who entered and retained employment and 

16 the earnings of such individuals, as such 

17 entry, retention, and earnings are defined 

18 for purposes of the core indicators of per19 formance described in section 

20 136(b)(2)(A)(i) of the Workforce Invest21 ment Act of 1998 (29 U.S.C. 

22 2871(b)(2)(A)(i)).’’; and 

23 (C) in subparagraph (E)(ii), by striking 

24 ‘‘in meeting’’ and all that follows through the 

25 period and inserting ‘‘in meeting the standards 
310 

•S 1021 IS 

1 and indicators established pursuant to section 

2 106.’’; 

3 (5) in paragraph (11)— 

4 (A) by striking subparagraph (C) and in5 serting the following: 

6 ‘‘(C) INTERAGENCY COOPERATION WITH

7 OTHER AGENCIES.—The State plan shall in8 clude descriptions of interagency cooperation 

9 with, and utilization of the services and facili10 ties of, Federal, State, and local agencies and 

11 programs, including the State programs carried 

12 out under section 4 of the Assistive Technology 

13 Act of 1998 (29 U.S.C. 3003), programs car14 ried out by the Under Secretary for Rural De15 velopment of the Department of Agriculture, 

16 and State use contracting programs, to the ex17 tent that such agencies and programs are not 

18 carrying out activities through the statewide 

19 workforce investment system.’’; 

20 (B) by striking subparagraph (D)(ii) and 

21 inserting the following: 

22 ‘‘(ii) transition planning by personnel 

23 of the designated State agency and the 

24 State educational agency that will facilitate 

25 the development and completion of the in-
311 

•S 1021 IS 

1 dividualized education programs under sec2 tion 614(d) of the Individuals with Disabil3 ities Education Act (20 U.S.C. 1414(d)) 

4 and, as appropriate, the development and 

5 completion of the individualized plan for 

6 employment, in order to achieve post7 school employment outcomes of students 

8 with disabilities;’’; and 

9 (C) by adding at the end the following: 

10 ‘‘(G) COORDINATION WITH ASSISTIVE

11 TECHNOLOGY PROGRAMS.—The State plan shall 

12 include an assurance that the designated State 

13 unit, and the lead agency and implementing 

14 agency (if any) designated by the Governor of 

15 the State under section 4 of the Assistive Tech16 nology Act of 1998 (29 U.S.C. 3003), have de17 veloped working relationships and will enter 

18 into agreements for the coordination of their ac19 tivities, including the referral of individuals 

20 with disabilities to programs and activities de21 scribed in that section. 

22 ‘‘(H) COORDINATION WITH TICKET TO

23 WORK AND SELF-SUFFICIENCY PROGRAM.—The 

24 State plan shall include an assurance that the 

25 designated State unit will coordinate activities 
312 

•S 1021 IS 

1 with any other State agency that is functioning 

2 as an employment network under the Ticket to 

3 Work and Self-Sufficiency Program established 

4 under section 1148 of the Social Security Act 

5 (42 U.S.C. 1320b–19).’’; 

6 (6) in paragraph (15)— 

7 (A) in subparagraph (A)— 

8 (i) in clause (i)— 

9 (I) in subclause (II), by striking 

10 ‘‘and’’ after the semicolon; 

11 (II) in subclause (III), by insert12 ing ‘‘and’’ after the semicolon; and 

13 (III) by adding at the end the 

14 following: 

15 ‘‘(IV) for purposes of addressing 

16 needs in a transition services expan17 sion year, students with disabilities, 

18 including their need for transition 

19 services;’’; 

20 (ii) by redesignating clauses (ii) and 

21 (iii) as clauses (iii) and (iv), respectively; 

22 and 

23 (iii) by inserting after clause (i) the 

24 following: 
313 

•S 1021 IS 

1 ‘‘(ii) include an assessment of the 

2 needs of individuals with disabilities for 

3 transition services provided under this Act, 

4 and coordinated with transition services 

5 provided under the Individuals with Dis6 abilities Education Act (20 U.S.C. 1400 et 

7 seq.), and an assessment as to whether the 

8 transition services provided under those 

9 Acts meet the needs of individuals with 

10 disabilities;’’; and 

11 (B) in subparagraph (D)— 

12 (i) by redesignating clauses (iii), (iv), 

13 and (v) as clauses (iv), (v), and (vi), re14 spectively; and 

15 (ii) by inserting after clause (ii) the 

16 following: 

17 ‘‘(iii) for use in a transition services 

18 expansion year, the methods to be used to 

19 improve and expand vocational rehabilita20 tion services for students with disabilities, 

21 including the coordination of services de22 signed to facilitate the transition of such 

23 students from the receipt of educational 

24 services in school to postsecondary life, in25 cluding the receipt of vocational rehabilita-
314 

•S 1021 IS 

1 tion services under this title, postsecondary 

2 education, or employment;’’; 

3 (7) in paragraph (20)— 

4 (A) by redesignating subparagraph (B) as 

5 subparagraph (C); 

6 (B) by inserting after subparagraph (A) 

7 the following: 

8 ‘‘(B) INFORMATION ON ASSISTANCE FOR

9 BENEFICIARIES OF ASSISTANCE UNDER TITLE

10 II OR XVI OF THE SOCIAL SECURITY ACT.—The 

11 State plan shall include an assurance that the 

12 designated State agency will make available to 

13 individuals entitled to benefits under title II or 

14 XVI of the Social Security Act (42 U.S.C. 401 

15 et seq., 1381 et seq.) on the basis of a disability 

16 or blindness— 

17 ‘‘(i) information on the availability of 

18 benefits and medical assistance authorized 

19 under the State medicaid program under 

20 title XIX of the Social Security Act (42 

21 U.S.C. 1396 et seq.) or under the medicare 

22 program under title XVIII of the Social 

23 Security Act (42 U.S.C. 1395 et seq.), and 

24 medical assistance authorized under other 

25 federally funded programs; 
315 

•S 1021 IS 

1 ‘‘(ii) information on the availability of 

2 assistance through benefits planning and 

3 assistance programs authorized under sec4 tion 1149 of the Social Security Act (42 

5 U.S.C. 1320b–20) and services provided by 

6 the State protection and advocacy system 

7 and authorized under section 1150 of the 

8 Social Security Act (42 U.S.C. 1320b–21); 

9 and 

10 ‘‘(iii) in the case of individuals who 

11 are also eligible for a ticket under the 

12 Ticket to Work and Self-Sufficiency Pro13 gram established under section 1148 of the 

14 Social Security Act (42 U.S.C. 1320b–19), 

15 general information regarding the options 

16 for using the ticket and information on 

17 how to contact a program manager of the 

18 Ticket to Work and Self-Sufficiency Pro19 gram to obtain information on approved 

20 employment networks, on providers for the 

21 benefits planning and assistance programs 

22 described in subparagraph (B) in the 

23 State, and on the services provided by the 

24 State protection and advocacy system and 

25 described in subparagraph (B).’’; and 
316 

•S 1021 IS 

1 (C) in subparagraph (C)(ii), as redesig2 nated by subparagraph (A)— 

3 (i) in subclause (II), by inserting ‘‘, to 

4 the maximum extent possible,’’ after 

5 ‘‘point of contact’’; and 

6 (ii) in subclause (III), by striking ‘‘or 

7 regain’’ and inserting ‘‘regain, or advance 

8 in’’; and 

9 (8) by adding at the end the following: 

10 ‘‘(25) SERVICES FOR STUDENTS WITH DISABIL11 ITIES.—The State plan for a transition services ex12 pansion year shall provide an assurance satisfactory 

13 to the Secretary that the State— 

14 ‘‘(A) has developed and shall implement, in 

15 each transition services expansion year, strate16 gies to address the needs identified in the as17 sessment described in paragraph (15), and 

18 achieve the goals and priorities identified by the 

19 State, to improve and expand vocational reha20 bilitation services for students with disabilities 

21 on a statewide basis in accordance with para22 graph (15); and 

23 ‘‘(B) in each transition services expansion 

24 year— 
317 

•S 1021 IS 

1 ‘‘(i) shall not use more than 5 percent 

2 of the funds reserved under section 110A 

3 and available for this subparagraph, to pay 

4 for administrative costs; and 

5 ‘‘(ii) shall use the remaining funds to 

6 carry out programs or activities designed 

7 to improve and expand vocational rehabili8 tation services for students with disabil9 ities, through partnerships described in 

10 subparagraph (C), that— 

11 ‘‘(I) facilitate the transition of 

12 the students with disabilities from the 

13 receipt of educational services in 

14 school, to the receipt of vocational re15 habilitation services under this title, 

16 including, at a minimum, those serv17 ices specified in the interagency agree18 ment required in paragraph (11)(D); 

19 ‘‘(II) improve the achievement of 

20 post-school goals of students with dis21 abilities through the provision of tran22 sition services, including improving 

23 the achievement through participation 

24 (as appropriate when vocational goals 

25 are discussed) in meetings regarding 
318 

•S 1021 IS 

1 individualized education programs de2 veloped under section 614 of the Indi3 viduals with Disabilities Education 

4 Act (20 U.S.C. 1414); 

5 ‘‘(III) provide vocational guid6 ance, career exploration services, and 

7 job search skills and strategies and 

8 technical assistance to students with 

9 disabilities; 

10 ‘‘(IV) support the provision of 

11 training and technical assistance to 

12 local educational agency personnel re13 sponsible for the planning and provi14 sion of services to students with dis15 abilities; and 

16 ‘‘(V) support outreach activities 

17 to students with disabilities who are 

18 eligible for, and need, services under 

19 this title; and 

20 ‘‘(C) in each transition services expansion 

21 year, shall ensure that the funds described in 

22 subparagraph (B)(ii) are awarded only to part23 nerships that— 
319 

•S 1021 IS 

1 ‘‘(i) shall include local vocational re2 habilitation services providers and local 

3 educational agencies; and 

4 ‘‘(ii) may include (or may have link5 ages with) other agencies such as employ6 ment, social service, and health organiza7 tions, that contribute funds for the provi8 sion of vocational rehabilitation services 

9 described in subparagraph (B)(ii) for eligi10 ble students with disabilities.’’. 

11 (b) CONSTRUCTION.—Section 101 of the Rehabilita12 tion Act of 1973 (29 U.S.C. 721) is amended by adding 

13 at the end the following: 

14 ‘‘(c) CONSTRUCTION.— 

15 ‘‘(1) DEFINITIONS.—In this subsection, the 

16 terms ‘child with a disability’, ‘free appropriate pub17 lic education’, ‘related services’, and ‘special edu18 cation’ have the meanings given the terms in section 

19 602 of the Individuals with Disabilities Education 

20 Act (20 U.S.C. 1401). 

21 ‘‘(2) OBLIGATION TO PROVIDE OR PAY FOR

22 TRANSITION SERVICES.—Nothing in this part shall 

23 be construed to reduce the obligation of a local edu24 cational agency or any other agency to provide or 

25 pay for any transition services that are also consid-
320 

•S 1021 IS 

1 ered special education or related services and that 

2 are necessary for ensuring a free appropriate public 

3 education to children with disabilities within the 

4 State involved.’’. 

5 SEC. 413. ELIGIBILITY AND INDIVIDUALIZED PLAN FOR EM6 PLOYMENT. 

7 Section 102 of the Rehabilitation Act of 1973 (29 

8 U.S.C. 722) is amended— 

9 (1) in subsection (b)— 

10 (A) in paragraph (1)— 

11 (i) in subparagraph (A), by striking 

12 the semicolon at the end and inserting ‘‘, 

13 including a listing of all the community re14 sources (including resources from con15 sumer organizations), to the maximum ex16 tent possible, to assist in the development 

17 of such individual’s individualized plan for 

18 employment to enable the individual to 

19 make informed and effective choices in de20 veloping the individualized plan for employ21 ment;’’; and 

22 (ii) in subparagraph (D)— 

23 (I) in clause (i), by striking 

24 ‘‘and’’ after the semicolon; 
321 

•S 1021 IS 

1 (II) in clause (ii), by striking the 

2 period at the end and inserting a 

3 semicolon; and 

4 (III) by adding at the end the 

5 following: 

6 ‘‘(iii) for individuals entitled to benefits 

7 under title II or XVI of the Social Security Act 

8 (42 U.S.C. 401 et seq., 1381 et seq.) on the 

9 basis of a disability or blindness— 

10 ‘‘(I) information on the avail11 ability of benefits and medical assist12 ance authorized under the State med13 icaid program under title XIX of the 

14 Social Security Act (42 U.S.C. 1396 

15 et seq.) or under the medicare pro16 gram under title XVIII of the Social 

17 Security Act (42 U.S.C. 1395 et seq.), 

18 and medical assistance authorized 

19 under other federally funded pro20 grams; 

21 ‘‘(II) information on the avail22 ability of assistance through benefits 

23 planning and assistance programs au24 thorized under section 1149 of the So25 cial Security Act (42 U.S.C. 1320b– 
322 

•S 1021 IS 

1 20) and services provided by the State 

2 protection and advocacy system and 

3 authorized under section 1150 of the 

4 Social Security Act (42 U.S.C. 

5 1320b–21); and 

6 ‘‘(III) in the case of individuals 

7 who are also eligible for a ticket under 

8 the Ticket to Work and Self-Suffi9 ciency Program established under sec10 tion 1148 of the Social Security Act 

11 (42 U.S.C. 1320b–19), general infor12 mation regarding the options for 

13 using the ticket and information on 

14 how to contact a program manager of 

15 the Ticket to Work and Self-Suffi16 ciency Program to obtain information 

17 on approved employment networks, on 

18 providers for the benefits planning 

19 and assistance programs described in 

20 subparagraph (B) in the State, and 

21 on the services provided by the State 

22 protection and advocacy system and 

23 described in subparagraph (B).’’; 

24 (B) in paragraph (2)(E)— 
323 

•S 1021 IS 

1 (i) in clause (i)(II), by striking ‘‘and’’ 

2 after the semicolon; 

3 (ii) in clause (ii), by striking the pe4 riod at the end and inserting ‘‘; and’’; and 

5 (iii) by adding at the end the fol6 lowing: 

7 ‘‘(iii) amended, as necessary, to in8 clude the post-employment services and 

9 service providers that are necessary for the 

10 individual to maintain, regain, or advance 

11 in employment, consistent with the individ12 ual’s strengths, resources, priorities, con13 cerns, abilities, capabilities, interests, and 

14 informed choice.’’; and 

15 (C) in paragraph (3)— 

16 (i) in subparagraph (B)(i)(I), by strik17 ing ‘‘and personal assistance services’’ and 

18 all that follows and inserting ‘‘mentoring 

19 services, and personal assistance services, 

20 including training in the management of 

21 such services, and referrals described in 

22 section 103(a)(3) to the device reutilization 

23 programs and device demonstrations de24 scribed in subparagraphs (B) and (D) of 

25 section 4(e)(2) of the Assistive Technology 
324 

•S 1021 IS 

1 Act of 1998 (42 U.S.C. 3003(e)(2)) 

2 through agreements developed under sec3 tion 101(a)(11)(G); and’’; 

4 (ii) in subparagraph (F)(ii), by strik5 ing ‘‘and’’ after the semicolon; 

6 (iii) in subparagraph (G), by striking 

7 the period at the end and inserting ‘‘; 

8 and’’; and 

9 (iv) by adding at the end the fol10 lowing: 

11 ‘‘(H) for an individual who is receiving as12 sistance from an employment network under 

13 the Ticket to Work and Self-Sufficiency Pro14 gram established under section 1148 of the So15 cial Security Act (42 U.S.C. 1320b–19), a list 

16 of the services that are listed in the individual 

17 work plan that the individual developed with 

18 the employment network under subsection (g) 

19 of that section.’’; and 

20 (2) in subsection (c)(7), by inserting ‘‘that take 

21 into consideration the informed choice of the indi22 vidual,’’ after ‘‘plan development’’. 

23 SEC. 414. VOCATIONAL REHABILITATION SERVICES. 

24 Section 103 of the Rehabilitation Act of 1973 (29 

25 U.S.C. 723) is amended— 
325 

•S 1021 IS 

1 (1) in subsection (a)— 

2 (A) in paragraph (5), by inserting ‘‘literacy 

3 services,’’ after ‘‘vocational adjustment serv4 ices,’’; 

5 (B) by striking paragraph (15) and insert6 ing the following: 

7 ‘‘(15) transition services for students with dis8 abilities, that facilitate the transition from school to 

9 postsecondary life (including employment through 

10 the achievement of the employment outcome identi11 fied in the individualized plan for employment), in12 cluding, in a transition services expansion year, serv13 ices described in clauses (i) through (iii) of section 

14 101(a)(25)(B);’’; 

15 (C) in paragraph (17), by striking ‘‘and’’ 

16 after the semicolon; 

17 (D) in paragraph (18), by striking the pe18 riod at the end and inserting ‘‘; and’’; and 

19 (E) by adding at the end the following: 

20 ‘‘(19) mentoring services.’’; and 

21 (2) in subsection (b), by striking paragraph (6) 

22 and inserting the following: 

23 ‘‘(6)(A)(i) Consultation and technical assistance 

24 services to assist State and local educational agen25 cies in planning for the transition of students with 
326 

•S 1021 IS 

1 disabilities from school to postsecondary life, includ2 ing employment. 

3 ‘‘(ii) In a transition services expansion year, 

4 training and technical assistance described in section 

5 101(a)(25)(B)(iv). 

6 ‘‘(B) In a transition services expansion year, 

7 services for groups of individuals with disabilities 

8 who meet the requirements of clauses (i) and (iii) of 

9 section 7(35)(A), including services described in 

10 clauses (i), (ii), (iii), and (v) of section 

11 101(a)(25)(B), to assist in the transition from 

12 school to postsecondary life, including employment.’’. 

13 SEC. 415. STATE REHABILITATION COUNCIL. 

14 Section 105 of the Rehabilitation Act of 1973 (29 

15 U.S.C. 725) is amended— 

16 (1) in subsection (b)— 

17 (A) in paragraph (1)(A)— 

18 (i) by striking clause (ix) and insert19 ing the following: 

20 ‘‘(ix) in a State in which one or more 

21 projects provide services under section 121, 

22 at least one representative of the directors 

23 of the projects;’’; 

24 (ii) in clause (x), by striking the 

25 ‘‘and’’ after the semicolon; 
327 

•S 1021 IS 

1 (iii) in clause (xi), by striking the pe2 riod at the end and inserting ‘‘; and’’; and 

3 (iv) by adding at the end the fol4 lowing: 

5 ‘‘(xii) the director of the State’s com6 prehensive statewide program of tech7 nology-related assistance funded under sec8 tion 4 of the Assistive Technology Act of 

9 1998 (29 U.S.C. 3003).’’; and 

10 (B) by striking paragraph (5) and insert11 ing the following: 

12 ‘‘(5) CHAIRPERSON.—The Council shall select a 

13 chairperson from among the voting membership of 

14 the Council.’’; and 

15 (2) in subsection (c)(6), by inserting before the 

16 semicolon the following: ‘‘and with the activities of 

17 entities carrying out programs under the Assistive 

18 Technology Act of 1998 (29 U.S.C. 3001 et seq.)’’. 

19 SEC. 416. EVALUATION STANDARDS AND PERFORMANCE 

20 INDICATORS. 

21 Section 106 of the Rehabilitation Act of 1973 (29 

22 U.S.C. 726) is amended— 

23 (1) in subsection (a), by striking paragraph 

24 (1)(C) and all that follows through paragraph (2) 

25 and inserting the following: 
328 

•S 1021 IS 

1 ‘‘(2) MEASURES.—The standards and indica2 tors shall include outcome and related measures of 

3 program performance that include measures of the 

4 program’s performance with respect to the transition 

5 from school to postsecondary life, including employ6 ment, and achievement of the postsecondary voca7 tional goals, of students with disabilities served 

8 under the program.’’; and 

9 (2) in subsection (b)(2)(B)(i), by striking ‘‘, if 

10 necessary’’ and all that follows through the semi11 colon and inserting ‘‘, if the State has not improved 

12 its performance to acceptable levels, as determined 

13 by the Commissioner, direct the State to make fur14 ther revisions to the plan to improve performance, 

15 which may include revising the plan to allocate a 

16 higher proportion of the State’s resources for serv17 ices to individuals with disabilities if the State agen18 cy’s spending on such services is low in comparison 

19 to spending on such services by comparable agencies 

20 in other States;’’. 

21 SEC. 417. MONITORING AND REVIEW. 

22 Section 107(b)(1) of the Rehabilitation Act of 1973 

23 (29 U.S.C. 727(b)(1)) is amended by inserting before the 

24 semicolon the following: ‘‘, including— 
329 

•S 1021 IS 

1 ‘‘(A) consulting with the Department of 

2 Labor, the Small Business Administration, 

3 other appropriate Federal agencies, and busi4 nesses or business-led intermediaries; and 

5 ‘‘(B) based on information obtained 

6 through the consultations, providing technical 

7 assistance that improves that quality by ena8 bling designated State units to develop success9 ful partnerships with local and multi-State busi10 nesses in an effort to employ individuals with 

11 disabilities, and technical assistance on devel12 oping self-employment opportunities and im13 proving outcomes for individuals with disabil14 ities’’. 

15 SEC. 418. STATE ALLOTMENTS. 

16 Section 110 of the Rehabilitation Act of 1973 (29 

17 U.S.C. 730) is amended— 

18 (1) by striking subsection (b) and inserting the 

19 following: 

20 ‘‘(b)(1) Not later than 45 days prior to the end of 

21 the fiscal year, the Commissioner shall determine, after 

22 reasonable opportunity for the submission to the Commis23 sioner of comments by the State agency administering or 

24 supervising the program established under this title, that 

25 any amount from the payment of an allotment to a State 
330 

•S 1021 IS 

1 under section 111(a) for any fiscal year will not be utilized 

2 by such State in carrying out the purposes of this title. 

3 ‘‘(2)(A) As soon as practicable but not later than the 

4 end of the fiscal year, the Commissioner shall reallot the 

5 amount available under paragraph (1) to other States, 

6 consistent with subparagraphs (B) and (C), for carrying 

7 out the purposes of this title to the extent the Commis8 sioner determines such other State will be able to use such 

9 additional amount during that fiscal year or the subse10 quent fiscal year for carrying out such purposes. 

11 ‘‘(B)(i) The Commissioner shall reallot a portion of 

12 the amount available under paragraph (1) for a fiscal year 

13 to each State whose allotment under subsection (a) for 

14 such fiscal year is less than such State’s allotment under 

15 subsection (a) for the immediately preceding fiscal year 

16 adjusted by the percentage change in the funds available 

17 for subsection (a) from the immediately preceding fiscal 

18 year. 

19 ‘‘(ii)(I) A State that is eligible to receive a reallot20 ment under clause (i) shall receive a portion for a fiscal 

21 year from the amount available for reallotment under 

22 paragraph (1) that is equal to the difference between— 

23 ‘‘(aa) the amount such State was allotted under 

24 subsection (a) for such fiscal year; and 
331 

•S 1021 IS 

1 ‘‘(bb) the amount such State was allotted under 

2 subsection (a) for the immediately preceding fiscal 

3 year adjusted by the percentage change in the funds 

4 available for subsection (a) from the immediately 

5 preceding fiscal year. 

6 ‘‘(II) If the amount available for reallotment under 

7 paragraph (1) is insufficient to provide each State eligible 

8 to receive a reallotment with the portion described in sub9 clause (I), the amount reallotted to each eligible State 

10 shall be determined by the Commissioner. 

11 ‘‘(C) If there are funds remaining after each State 

12 eligible to receive a reallotment under subparagraph (B)(i) 

13 receives the portion described in subparagraph (B)(ii), the 

14 Commissioner shall reallot the remaining funds among the 

15 States requesting a reallotment. 

16 ‘‘(3) The Commissioner shall reallot an amount to a 

17 State under this subsection only if the State will be able 

18 to make sufficient payments from non-Federal sources to 

19 pay for the non-Federal share of the cost of vocational 

20 rehabilitation services under the State plan for the fiscal 

21 year for which the amount was appropriated. 

22 ‘‘(4) For the purposes of this part, any amount made 

23 available to a State for any fiscal year pursuant to this 

24 subsection shall be regarded as an increase of such State’s 
332 

•S 1021 IS 

1 allotment (as determined under the preceding provisions 

2 of this section) for such year.’’; and 

3 (2) by striking subsection (c)(2) and inserting 

4 the following: 

5 ‘‘(2)(A) In this paragraph: 

6 ‘‘(i) The term ‘appropriated amount’ means the 

7 amount appropriated under section 100(b)(1) for al8 lotment under this section. 

9 ‘‘(ii) The term ‘covered year’ means a fiscal 

10 year— 

11 ‘‘(I) that begins after September 30, 2004; 

12 and 

13 ‘‘(II) for which the appropriated amount 

14 exceeds the total of— 

15 ‘‘(aa) the appropriated amount for the 

16 preceding fiscal year; and 

17 ‘‘(bb) 0.075 percent of the appro18 priated amount for the preceding fiscal 

19 year. 

20 ‘‘(B) For each covered year, the sum referred to in 

21 paragraph (1) shall be, as determined by the Secretary— 

22 ‘‘(i) not less than the total of the sum reserved 

23 under this subsection for the preceding fiscal year 

24 and 0.1 percent of the appropriated amount for the 

25 covered year, subject to clause (ii); and 
333 

•S 1021 IS 

1 ‘‘(ii) not more than 1.5 percent of the appro2 priated amount for the covered year. 

3 ‘‘(C) For each fiscal year that is not a covered year, 

4 the sum referred to in paragraph (1) shall be, as deter5 mined by the Secretary— 

6 ‘‘(i) not less than the sum reserved under this 

7 subsection for the preceding fiscal year, subject to 

8 clause (ii); and 

9 ‘‘(ii) not more than 1.5 percent of the appro10 priated amount for the covered year.’’. 

11 SEC. 419. RESERVATION FOR EXPANDED TRANSITION 

12 SERVICES. 

13 The Rehabilitation Act of 1973 is amended by insert14 ing after section 110 (29 U.S.C. 730) the following: 

15 ‘‘SEC. 110A. RESERVATION FOR EXPANDED TRANSITION 

16 SERVICES. 

17 ‘‘(a) RESERVATION.—From the State allotment 

18 under section 110 in a transition services expansion year, 

19 each State shall reserve an amount calculated by the Com20 missioner under subsection (b) to carry out programs and 

21 activities under sections 101(a)(25)(B) and 103(b)(6). 

22 ‘‘(b) CALCULATION.—The Commissioner shall cal23 culate the amount to be reserved for such programs and 

24 activities for a fiscal year by each State by multiplying 

25 $50,000,000 by the percentage determined by dividing— 
334 

•S 1021 IS 

1 ‘‘(1) the amount allotted to that State under 

2 section 110 for the prior fiscal year; by 

3 ‘‘(2) the total amount allotted to all States 

4 under section 110 for that prior fiscal year.’’. 

5 SEC. 420. CLIENT ASSISTANCE PROGRAM. 

6 Section 112 of the Rehabilitation Act of 1973 (29 

7 U.S.C. 732) is amended— 

8 (1) in subsection (a)— 

9 (A) in the first sentence, by striking 

10 ‘‘States’’ and inserting ‘‘agencies designated 

11 under subsection (c)’’; and 

12 (B) in the second sentence, by striking 

13 ‘‘State’’ and inserting ‘‘State in which the pro14 gram is located’’; 

15 (2) in subsection (b), by striking ‘‘the State has 

16 in effect not later than October 1, 1984, a client as17 sistance program which’’ and inserting ‘‘the State 

18 designated under subsection (c) an agency that’’; 

19 (3) in subsection (e)— 

20 (A) in paragraph (1)— 

21 (i) in subparagraph (A), by striking 

22 ‘‘The Secretary’’ and all that follows 

23 through the period and inserting the fol24 lowing: ‘‘After reserving funds under sub25 paragraphs (E) and (F), the Secretary 
335 

•S 1021 IS 

1 shall allot the remainder of the sums ap2 propriated for each fiscal year under this 

3 section among the agencies designated 

4 under subsection (c) within the States (re5 ferred to individually in this subsection as 

6 a ‘designated agency’) on the basis of rel7 ative population of each State, except that 

8 no such agency shall receive less than 

9 $50,000.’’; 

10 (ii) in subparagraph (B), by inserting 

11 ‘‘the designated agencies located in’’ after 

12 ‘‘each to’’; 

13 (iii) in subparagraph (D)(i)— 

14 (I) by inserting ‘‘the designated 

15 agencies located in’’ after ‘‘$100,000 

16 for’’; and 

17 (II) by inserting ‘‘the designated 

18 agencies located in’’ after ‘‘$45,000 

19 for’’; and 

20 (iv) by adding at the end the fol21 lowing: 

22 ‘‘(E)(i) For any fiscal year for which the amount ap23 propriated to carry out this section equals or exceeds 

24 $13,000,000, the Secretary shall reserve funds appro25 priated under this section to make a grant to the protec-
336 

•S 1021 IS 

1 tion and advocacy system serving the American Indian 

2 Consortium to provide client assistance services in accord3 ance with this section. The amount of such a grant shall 

4 be the same amount as is provided to a territory under 

5 subparagraph (B), as increased under clauses (i) and (ii) 

6 of subparagraph (D). 

7 ‘‘(ii) In this subparagraph: 

8 ‘‘(I) The term ‘American Indian Consortium’ 

9 has the meaning given the term in section 102 of the 

10 Developmental Disabilities Assistance and Bill of 

11 Rights Act of 2000 (42 U.S.C. 15002). 

12 ‘‘(II) The term ‘protection and advocacy sys13 tem’ means a protection and advocacy system estab14 lished under subtitle C of title I of the Develop15 mental Disabilities Assistance and Bill of Rights Act 

16 of 2000 (42 U.S.C. 15041 et seq.). 

17 ‘‘(F) For any fiscal year for which the amount appro18 priated to carry out this section equals or exceeds 

19 $14,000,000, the Secretary shall reserve not less than 1.8 

20 percent and not more than 2.2 percent of such amount 

21 to provide a grant for training and technical assistance 

22 for the programs established under this section. Such 

23 training and technical assistance shall be coordinated with 

24 activities provided under section 509(c)(1)(A).’’; and 

25 (B) in paragraph (2)— 
337 

•S 1021 IS 

1 (i) by striking ‘‘State’’ each place 

2 such term appears and inserting ‘‘des3 ignated agency’’; and 

4 (ii) by striking ‘‘States’’ each place 

5 such term appears and inserting ‘‘des6 ignated agencies’’; 

7 (4) in subsection (f), by striking ‘‘State’’ and 

8 inserting ‘‘agency designated under subsection (c)’’; 

9 (5) in subsection (g)(1), by striking ‘‘State’’ 

10 and inserting ‘‘State in which the program is lo11 cated’’; and 

12 (6) in subsection (h), by striking ‘‘fiscal years 

13 1999 through 2003’’ and inserting ‘‘fiscal years 

14 2006 through 2011’’. 

15 SEC. 421. INCENTIVE GRANTS. 

16 Part B of title I of the Rehabilitation Act of 1973 

17 (29 U.S.C. 730 et seq.) is amended by adding at the end 

18 the following: 

19 ‘‘SEC. 113. INCENTIVE GRANTS. 

20 ‘‘(a) AUTHORITY.—The Commissioner is authorized 

21 to make incentive grants to States that, based on the cri22 teria established under subsection (b)(1), demonstrate— 

23 ‘‘(1) a high level of performance; or 
338 

•S 1021 IS 

1 ‘‘(2) a significantly improved level of perform2 ance in a reporting period as compared to the pre3 vious reporting period or periods. 

4 ‘‘(b) CRITERIA.— 

5 ‘‘(1) ESTABLISHMENT.—Not later than 180 

6 days after the date of enactment of this section, the 

7 Commissioner shall establish, and publish in the 

8 Federal Register, criteria for making grant awards 

9 under subsection (a). 

10 ‘‘(2) DEVELOPMENT AND EVALUATION STAND11 ARDS.—The criteria established under paragraph (1) 

12 shall— 

13 ‘‘(A) be developed with input from des14 ignated State agencies and other vocational re15 habilitation stakeholders, including vocational 

16 rehabilitation consumers and consumer organi17 zations; and 

18 ‘‘(B) be based upon the evaluation stand19 ards and performance indicators established 

20 under section 106 and other performance-re21 lated measures that the Commissioner deter22 mines to be appropriate. 

23 ‘‘(c) USE OF FUNDS.—A State that receives a grant 

24 under subsection (a) shall use the grant funds for any ap-
339 

•S 1021 IS 

1 proved activities in the State’s State plan submitted under 

2 section 101. 

3 ‘‘(d) NO NON-FEDERAL SHARE REQUIREMENT.— 

4 The provisions of sections 101(a)(3) and 111(a)(2) shall 

5 not apply to this section. 

6 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to carry out this section 

8 such sums as may be necessary for each of fiscal years 

9 2006 through 2011.’’. 

10 SEC. 422. VOCATIONAL REHABILITATION SERVICES 

11 GRANTS. 

12 Section 121 of the Rehabilitation Act of 1973 (29 

13 U.S.C. 741) is amended— 

14 (1) in subsection (a), in the first sentence, by 

15 inserting ‘‘, consistent with such individuals’ 

16 strengths, resources, priorities, concerns, abilities, 

17 capabilities, interests, and informed choice, so that 

18 such individuals may prepare for, and engage in, 

19 gainful employment’’ before the period at the end; 

20 and 

21 (2) in subsection (b)— 

22 (A) in paragraph (1)— 

23 (i) in subparagraph (B), by striking 

24 ‘‘and’’ after the semicolon; 
340 

•S 1021 IS 

1 (ii) in subparagraph (C), by striking 

2 the period at the end and inserting ‘‘; 

3 and’’; and 

4 (iii) by adding at the end the fol5 lowing: 

6 ‘‘(D) contains assurances that— 

7 ‘‘(i) all decisions affecting eligibility for vo8 cational rehabilitation services, the nature and 

9 scope of available services, and the provision of 

10 such services, will be made by a representative 

11 of the tribal vocational rehabilitation program; 

12 and 

13 ‘‘(ii) such decisions will not be delegated to 

14 another agency or individual.’’; 

15 (B) in paragraph (3), by striking the first 

16 sentence and inserting the following: ‘‘An appli17 cation approved under this part that complies 

18 with the program requirements set forth in the 

19 regulations promulgated to carry out this part 

20 shall be effective for 5 years and shall be re21 newed for additional 5-year periods if the Com22 missioner determines that the grant recipient 

23 demonstrated acceptable past performance and 

24 the grant recipient submits a plan, including a 

25 proposed budget, to the Commissioner that the 
341 

•S 1021 IS 

1 Commissioner approves that identifies future 

2 performance criteria, goals, and objectives.’’; 

3 and 

4 (C) by striking paragraph (4) and insert5 ing the following: 

6 ‘‘(4) In allocating funds under this part, the Sec7 retary shall give priority to paying the continuation costs 

8 of projects in existence on the date of the allocation and 

9 may provide for increases in funding for such projects that 

10 the Secretary determines to be necessary.’’. 

11 SEC. 423. GAO STUDIES. 

12 (a) STUDY ON TITLE I AND TICKET TO WORK.— 

13 (1) IN GENERAL.—The Comptroller General of 

14 the United States shall conduct a study on the inter15 action of programs carried out under title I of the 

16 Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.) 

17 with the Ticket to Work and Self-Sufficiency Pro18 gram established under section 1148 of the Social 

19 Security Act (42 U.S.C. 1320b–19), including the 

20 impact of the interaction on beneficiaries, commu21 nity rehabilitation programs (as defined in section 7 

22 of the Rehabilitation Act of 1973 (29 U.S.C. 705)), 

23 and State vocational rehabilitation agencies. 

24 (2) CONDUCT OF STUDY.—In conducting the 

25 study under paragraph (1), the Comptroller General 
342 

•S 1021 IS 

1 of the United States shall consult with all types of 

2 participants in the Ticket to Work and Self-Suffi3 ciency Program, including the Social Security Ad4 ministration, the Rehabilitation Services Administra5 tion, ticketholders, designated State agencies, enti6 ties carrying out such community rehabilitation pro7 grams (including employment networks and non8 employment networks), protection and advocacy 

9 agencies, MAXIMUS, and organizations rep10 resenting the interests of ticketholders. 

11 (3) REPORT TO CONGRESS.—Not later than 18 

12 months after the date of enactment of this Act, the 

13 Comptroller General of the United States shall sub14 mit the study conducted pursuant to this subsection 

15 to the appropriate committees of Congress. 

16 (b) STUDY ON THE ALLOTMENT FORMULA.— 

17 (1) IN GENERAL.—The Comptroller General of 

18 the United States shall conduct a study on the rela19 tionship between the State allotment formula under 

20 section 110 of the Rehabilitation Act of 1973 (29 

21 U.S.C. 730) and the ability of States to provide vo22 cational rehabilitation services in accordance with 

23 the States’ State plans under section 101 of such 

24 Act (29 U.S.C. 721). 
343 

•S 1021 IS 

1 (2) CONDUCT OF STUDY.—In conducting the 

2 study under paragraph (1), the Comptroller General 

3 of the United States shall consult with appropriate 

4 entities. 

5 (3) REPORT TO CONGRESS.—Not later than 12 

6 months after the date of enactment of this Act, the 

7 Comptroller General of the United States shall sub8 mit the study conducted pursuant to this subsection 

9 to the appropriate committees of Congress. 

10 Subtitle B—Research and Training 

11 SEC. 431. DECLARATION OF PURPOSE. 

12 Section 200(3) of the Rehabilitation Act of 1973 (29 

13 U.S.C. 760(3)) is amended by inserting ‘‘, in a timely and 

14 efficient manner,’’ before ‘‘through’’. 

15 SEC. 432. AUTHORIZATION OF APPROPRIATIONS. 

16 Section 201(a) of the Rehabilitation Act of 1973 (29 

17 U.S.C. 761(a)) is amended— 

18 (1) in paragraph (1), by striking ‘‘fiscal years 

19 1999 through 2003’’ and inserting ‘‘fiscal years 

20 2006 through 2011’’; and 

21 (2) in paragraph (2), by striking ‘‘fiscal years 

22 1999 through 2003’’ and inserting ‘‘fiscal years 

23 2006 through 2011’’. 
344 

•S 1021 IS 

1 SEC. 433. NATIONAL INSTITUTE ON DISABILITY AND REHA2 BILITATION RESEARCH. 

3 Section 202 of the Rehabilitation Act of 1973 (29 

4 U.S.C. 762) is amended— 

5 (1) in subsection (b)— 

6 (A) in paragraph (6), by inserting before 

7 the semicolon the following: ‘‘, including con8 vening a national assistive technology summit, 

9 to be held at or in conjunction with a national 

10 conference relating to assistive technology with 

11 respect to all categories of disabilities’’; and 

12 (B) in paragraph (10), by striking ‘‘and 

13 telecommuting’’ and inserting ‘‘, supported em14 ployment, and telecommuting’’; 

15 (2) in subsection (f)(1)— 

16 (A) by striking ‘‘Federal employees’’ and 

17 inserting ‘‘Department of Education employ18 ees’’; and 

19 (B) by adding at the end the following: 

20 ‘‘The peer review panel shall include a director 

21 of a designated State unit. It shall include a 

22 member of the covered school community (for 

23 an activity resulting in educational materials or 

24 a product to be used in a covered school), a 

25 member of the business community (for an ac26 tivity resulting in a product to be used in an 
345 

•S 1021 IS 

1 employment activity), assistive technology devel2 opers and manufacturers (for an activity relat3 ing to assistive technology), or information 

4 technology vendors and manufacturers (for an 

5 activity relating to information technology).’’; 

6 (3) by redesignating subsections (i), (j), and (k) 

7 as subsections (j), (k), and (l), respectively; 

8 (4) by inserting after subsection (h) the fol9 lowing: 

10 ‘‘(i)(1) The Director, with the assistance of the Reha11 bilitation Research Advisory Council established under 

12 section 205, shall determine if entities that receive finan13 cial assistance under this title are complying with the ap14 plicable requirements of this Act and achieving measurable 

15 goals, described in section 204(d)(2), that are consistent 

16 with the requirements of the programs under which the 

17 entities received the financial assistance. 

18 ‘‘(2) To assist the Director in carrying out the re19 sponsibilities described in paragraph (1), the Director 

20 shall require recipients of financial assistance under this 

21 title to submit relevant information to evaluate program 

22 outcomes with respect to the measurable goals described 

23 in section 204(d)(2).’’; and 

24 (5) by adding at the end the following: 
346 

•S 1021 IS 

1 ‘‘(m)(1) Not later than December 31 of each year, 

2 the Secretary shall prepare, and submit to the Secretary, 

3 the Committee on Education and the Workforce of the 

4 House of Representatives, and the Committee on Health, 

5 Education, Labor, and Pensions of the Senate, a report 

6 on the activities funded under this title. 

7 ‘‘(2) Such report shall include— 

8 ‘‘(A) a compilation and summary of the in9 formation provided by recipients of financial as10 sistance for such activities under this title; and 

11 ‘‘(B) a summary of the applications for fi12 nancial assistance received under this title and 

13 the progress of the recipients of financial assist14 ance in achieving the measurable goals de15 scribed in section 204(d)(2). 

16 ‘‘(n)(1) If the Director determines that an entity that 

17 receives financial assistance under this title fails to comply 

18 with the applicable requirements of this Act, or to make 

19 progress toward achieving the measurable goals described 

20 in section 204(d)(2), with respect to the covered activities 

21 involved, the Director shall assist the entity through tech22 nical assistance or other means, within 90 days after such 

23 determination, to develop a corrective action plan. 

24 ‘‘(2) If the entity fails to develop and comply with 

25 a corrective action plan described in paragraph (1) during 
347 

•S 1021 IS 

1 a fiscal year, the entity shall be subject to 1 of the fol2 lowing corrective actions selected by the Director: 

3 ‘‘(A) Partial or complete termination of finan4 cial assistance for the covered activities, until the en5 tity develops and complies with such a plan. 

6 ‘‘(B) Ineligibility to receive financial assistance 

7 for such covered activities for the following year. 

8 ‘‘(3) The Secretary shall establish appeals procedures 

9 for entities described in paragraph (1) that the Secretary 

10 determines fail to comply with the applicable requirements 

11 of this Act, or to make progress toward achieving the 

12 measurable goals. 

13 ‘‘(4) As part of the annual report required under sub14 section (m), the Secretary shall describe each action taken 

15 by the Secretary under paragraph (1) or (2) and the out16 comes of such action.’’. 

17 SEC. 434. INTERAGENCY COMMITTEE. 

18 Section 203 of the Rehabilitation Act of 1973 (29 

19 U.S.C. 763) is amended— 

20 (1) in subsection (a)(1), by striking ‘‘and the 

21 Director of the National Science Foundation’’ and 

22 inserting ‘‘the Director of the National Science 

23 Foundation, the Secretary of Commerce, and the 

24 Administrator of the Small Business Administra25 tion’’; and 
348 

•S 1021 IS 

1 (2) in subsection (b)(2)— 

2 (A) in subparagraph (D), by striking 

3 ‘‘and’’ after the semicolon; 

4 (B) in subparagraph (E), by striking the 

5 period at the end and inserting ‘‘; and’’; and 

6 (C) by adding at the end the following: 

7 ‘‘(F) conduct a study, on the assistive tech8 nology industry, for which the Committee shall— 

9 ‘‘(i) determine the number of individuals 

10 who use assistive technology and the scope of 

11 the technologies they use; 

12 ‘‘(ii) separately identify categories of as13 sistive technology companies by the disability 

14 group served, and the type of product or service 

15 provided, categorized by— 

16 ‘‘(I) size (small, medium, and large) 

17 of the companies; 

18 ‘‘(II) capitalization of the companies; 

19 ‘‘(III) region in which the companies 

20 are located; and 

21 ‘‘(IV) products or services produced 

22 by the companies; 

23 ‘‘(iii) compile aggregate data on revenues 

24 and unit sales of such companies, including in25 formation on international sales, for a recent 
349 

•S 1021 IS 

1 reporting period, categorized by institution or 

2 user type acquiring the products or services, 

3 disability for which the products or services are 

4 used, and industry segment for the companies; 

5 ‘‘(iv) identify platform availability and 

6 usage, for those products and services that are 

7 electronic and information technology-related; 

8 ‘‘(v) identify the types of clients of the 

9 companies, such as government, school, busi10 ness, private payor, and charitable clients, and 

11 funding sources for the clients; and 

12 ‘‘(vi) specify geographic segments for the 

13 companies, to determine whether there are sig14 nificant distinctions in industry opportunities 

15 on the basis of geography, other than distinc16 tions related to population.’’. 

17 SEC. 435. RESEARCH AND OTHER COVERED ACTIVITIES. 

18 Section 204 of the Rehabilitation Act of 1973 (29 

19 U.S.C. 764) is amended— 

20 (1) in subsection (a)— 

21 (A) in paragraph (2)(B)— 

22 (i) in clause (vi), by striking ‘‘and’’ 

23 after the semicolon; 

24 (ii) in clause (vii), by striking the pe25 riod at the end and inserting ‘‘; and’’; and 
350 

•S 1021 IS 

1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(viii) studies, analyses, and other activities af4 fecting employment outcomes, including self-employ5 ment and telecommuting, of individuals with disabil6 ities.’’; and 

7 (B) by adding at the end the following: 

8 ‘‘(3) In carrying out this section, the Director shall 

9 emphasize covered activities that are collaborations be10 tween— 

11 ‘‘(A) for-profit companies working in the assist12 ive technology, rehabilitative engineering, or infor13 mation technology fields; and 

14 ‘‘(B) States or public or private agencies and 

15 organizations. 

16 ‘‘(4) In carrying out this section, the Director shall 

17 emphasize covered activities that include plans for— 

18 ‘‘(A) dissemination of educational materials, re19 search results, or findings, conclusions, and rec20 ommendations resulting from covered activities; or 

21 ‘‘(B) the commercialization of marketable prod22 ucts resulting from the covered activities.’’; 

23 (2) in subsection (b)— 

24 (A) in paragraph (1), by striking ‘‘(18)’’ 

25 each place it appears and inserting ‘‘(19)’’; 
351 

•S 1021 IS 

1 (B) in paragraph (2)— 

2 (i) in subparagraph (A)(i), by striking 

3 ‘‘rehabilitation services or’’ and inserting 

4 ‘‘rehabilitation services, developers or pro5 viders of assistive technology devices, as6 sistive technology services, or information 

7 technology devices or services, or providers 

8 of’’ after ‘‘rehabilitation services’’; 

9 (ii) in subparagraph (B)— 

10 (I) in clause (i), by inserting 

11 ‘‘improve the evaluation process for 

12 determining the assistive technology 

13 needs of individuals with disabil14 ities,’’after ‘‘conditions,’’; 

15 (II) in clause (ii), by inserting 

16 ‘‘and assistive technology services’’ be17 fore the semicolon; and 

18 (III) in clause (iii), by inserting 

19 ‘‘, assistive technology services per20 sonnel,’’ before ‘‘and other’’; 

21 (iii) in subparagraph (C)— 

22 (I) in clause (i), by inserting ‘‘, 

23 including research on assistive tech24 nology devices, assistive technology 

25 services, and accessible electronic and 
352 

•S 1021 IS 

1 information technology devices’’ before 

2 the semicolon; and 

3 (II) in clause (iii), by inserting ‘‘, 

4 including the use of assistive tech5 nology devices and accessible elec6 tronic and information technology de7 vices in employment’’ before the semi8 colon; 

9 (iv) in subparagraph (D), by inserting 

10 ‘‘, including training to provide knowledge 

11 about assistive technology devices, assistive 

12 technology services, and accessible elec13 tronic and information technology devices 

14 and services,’’ after ‘‘personnel’’; and 

15 (v) in subparagraph (G)(i), by insert16 ing ‘‘, assistive technology-related, and ac17 cessible electronic and information tech18 nology-related’’ before ‘‘courses’’; and 

19 (C) in paragraph (3)— 

20 (i) in subparagraph (D)(ii), by adding 

21 at the end the following: ‘‘Each such Cen22 ter conducting activities including the cre23 ation of an assistance technology device 

24 shall include in the committee representa25 tives from the assistive technology industry 
353 

•S 1021 IS 

1 and accessible electronic and information 

2 technology industry. Each such Center 

3 conducting activities involving a covered 

4 school, or an employer, shall include in the 

5 committee a representative of the covered 

6 school, or of the employer, respectively.’’; 

7 and 

8 (ii) in subparagraph (G)(ii) by insert9 ing ‘‘the success of any commercialized 

10 product researched or developed through 

11 the Center,’’ after ‘‘disabilities,’’; 

12 (D) in paragraph (8), by inserting ‘‘the 

13 Department of Commerce, the Small Business 

14 Administration,’’ before ‘‘other Federal agen15 cies,’’; 

16 (E) in paragraph (13), in the matter pre17 ceding clause (i), by striking ‘‘employment 

18 needs of individuals with disabilities’’ and in19 serting ‘‘employment needs, opportunities, and 

20 outcomes, including self-employment, supported 

21 employment, and telecommuting needs, oppor22 tunities, and outcomes, of individuals with dis23 abilities, including older individuals with disabil24 ities, and students with disabilities who are 
354 

•S 1021 IS 

1 transitioning from school to postsecondary life, 

2 including employment’’; and 

3 (E) by adding at the end the following: 

4 ‘‘(19) Research grants may be used to provide for re5 search and demonstration projects that— 

6 ‘‘(A) explore methods and practices for pro7 moting access to electronic commerce activities for 

8 individuals with disabilities; and 

9 ‘‘(B) will— 

10 ‘‘(i) ensure dissemination of research find11 ings; 

12 ‘‘(ii) provide encouragement and support 

13 for initiatives and new approaches by companies 

14 engaged in electronic commerce activities; and 

15 ‘‘(iii) result in the establishment and main16 tenance of close working relationships between 

17 the disability, research, and business commu18 nities.’’; 

19 (3) in subsection (c)(2), by striking ‘‘$500,000’’ 

20 and inserting ‘‘$750,000’’; and 

21 (4) by adding at the end the following: 

22 ‘‘(d)(1) In awarding grants, contracts, or other finan23 cial assistance under this title, the Director shall award 

24 the financial assistance on a competitive basis. 
355 

•S 1021 IS 

1 ‘‘(2)(A) To be eligible to receive financial assistance 

2 described in paragraph (1) for a covered activity, an entity 

3 shall submit an application to the Director at such time, 

4 in such manner, and containing such information as the 

5 Director may require. 

6 ‘‘(B) The application shall include information de7 scribing— 

8 ‘‘(i) measurable goals, and a timeline and spe9 cific plan for meeting the goals, that the applicant 

10 has set for addressing priorities related to— 

11 ‘‘(I) commercialization of a marketable 

12 product (including a marketable curriculum or 

13 research) resulting from the covered activity; 

14 ‘‘(II) in the case of a covered activity relat15 ing to technology, technology transfer; 

16 ‘‘(III) in the case of research, dissemina17 tion of research results to, as applicable, gov18 ernment entities, individuals with disabilities, 

19 covered schools, the business community, the 

20 assistive technology community, and the acces21 sible electronic and information technology com22 munity; and 

23 ‘‘(IV) other matters as required by the Di24 rector; and 
356 

•S 1021 IS 

1 ‘‘(ii) information describing how the applicant 

2 will quantifiably measure the goals to determine 

3 whether the goals have been accomplished. 

4 ‘‘(3)(A) In the case of an application for financial as5 sistance under this title to carry out a covered activity that 

6 results in the development of a marketable product, the 

7 application shall also include a commercialization and dis8 semination plan, containing commercialization and mar9 keting strategies for the product involved, and strategies 

10 for disseminating information about the product. The fi11 nancial assistance shall not be used to carry out the com12 mercialization and marketing strategies. 

13 ‘‘(B) In the case of any other application for financial 

14 assistance to carry out a covered activity under this title, 

15 the application shall also include a dissemination plan, 

16 containing strategies for disseminating educational mate17 rials, research results, or findings, conclusions, and rec18 ommendations, resulting from the covered activity.’’. 

19 SEC. 436. REHABILITATION RESEARCH ADVISORY COUNCIL. 

20 Section 205 of the Rehabilitation Act of 1973 (29 

21 U.S.C. 765) is amended— 

22 (1) in subsection (a), by inserting ‘‘at least’’ be23 fore ‘‘12’’; and 

24 (2) in subsection (c), by inserting after ‘‘reha25 bilitation researchers,’’ the following: ‘‘the directors 
357 

•S 1021 IS 

1 of community rehabilitation programs, the business 

2 community (and shall include a representative of the 

3 small business community) that has experience with 

4 the system of vocational rehabilitation services car5 ried out under this Act and with hiring individuals 

6 with disabilities, the community of assistive tech7 nology developers and manufacturers, the commu8 nity of information technology vendors and manufac9 turers, the community of entities carrying out pro10 grams under the Assistive Technology Act of 1998 

11 (29 U.S.C. 3001 et seq.), the community of covered 

12 school professionals,’’. 

13 SEC. 437. DEFINITION. 

14 Title II of the Rehabilitation Act of 1973 (29 U.S.C. 

15 761 et seq.) is amended by adding at the end the fol16 lowing: 

17 ‘‘SEC. 206. DEFINITION. 

18 ‘‘In this title, the term ‘covered school’ means an ele19 mentary school or secondary school (as such terms are de20 fined in section 9101 of the Elementary and Secondary 

21 Education Act of 1965 (20 U.S.C. 7801)), a community 

22 college, or an institution of higher education.’’. 
358 

•S 1021 IS 

1 Subtitle C—Professional Develop2 ment and Special Projects and 

3 Demonstrations 

4 SEC. 441. TRAINING. 

5 Section 302 of the Rehabilitation Act of 1973 (29 

6 U.S.C. 772) is amended— 

7 (1) in subsection (a)(1)— 

8 (A) in subparagraph (F), by striking the 

9 ‘‘and’’ after the semicolon; 

10 (B) in subparagraph (G), by striking the 

11 period at the end and inserting ‘‘; and’’; and 

12 (C) by adding at the end the following: 

13 ‘‘(H) personnel trained in providing assist14 ive technology services.’’; 

15 (2) in subsection (b)(1)(B)(i), by striking ‘‘or 

16 prosthetics and orthotics’’ and inserting ‘‘prosthetics 

17 and orthotics, rehabilitation teaching for the blind, 

18 or orientation and mobility instruction’’; and 

19 (3) in subsection (i), by striking ‘‘fiscal years 

20 1999 through 2003’’ and inserting ‘‘fiscal years 

21 2006 through 2011’’. 

22 SEC. 442. DEMONSTRATION AND TRAINING PROGRAMS. 

23 Section 303 of the Rehabilitation Act of 1973 (29 

24 U.S.C. 773) is amended— 
359 

•S 1021 IS 

1 (1) in subsection (b)(5)(A)(i), by striking ‘‘spe2 cial projects’’ and inserting ‘‘not less than 2 special 

3 projects’’; 

4 (2) by redesignating subsections (c), (d), and 

5 (e) as subsections (f), (g), and (i), respectively; 

6 (3) by inserting after subsection (b) the fol7 lowing: 

8 ‘‘(c) DEMONSTRATION PROJECTS FOR EMPLOYMENT

9 OF STUDENTS WITH INTELLECTUAL DISABILITIES OR

10 MENTAL ILLNESS.— 

11 ‘‘(1) PURPOSE.—The purpose of this subsection 

12 is to support model demonstration projects to pro13 vide supported and competitive employment experi14 ences for students with intellectual disabilities or 

15 students with mental illness, and training for per16 sonnel that work with students described in this 

17 paragraph, to enable the students to gain employ18 ment skills and experience that will promote effective 

19 transitions from school to postsecondary life, includ20 ing employment. 

21 ‘‘(2) AWARDS AUTHORIZED.— 

22 ‘‘(A) COMPETITIVE AWARDS AUTHOR23 IZED.—The Secretary may award grants, con24 tracts, and cooperative agreements, on a com25 petitive basis, to eligible organizations described 
360 

•S 1021 IS 

1 in paragraph (3), to enable the organizations to 

2 carry out demonstration projects described in 

3 paragraph (1). 

4 ‘‘(B) DURATION.—The Secretary shall 

5 award grants, contracts, and cooperative agree6 ments under this subsection for periods of 3 to 

7 5 years. 

8 ‘‘(3) ELIGIBLE ORGANIZATIONS.—To be eligible 

9 to receive a grant, contract, or cooperative agree10 ment under this subsection, an organization shall— 

11 ‘‘(A) have expertise in providing employ12 ment and support services for individuals with 

13 intellectual disabilities or individuals with men14 tal illness; 

15 ‘‘(B) have a proven track record in suc16 cessfully running supported employment pro17 grams; 

18 ‘‘(C) provide employment services that are 

19 exclusively integrated community-based sup20 ported employment services; 

21 ‘‘(D) have expertise in creating natural 

22 supports for employment; 

23 ‘‘(E) have expertise in providing computer 

24 training for the targeted population for the 

25 project involved; and 
361 

•S 1021 IS 

1 ‘‘(F) have experience operating mentoring 

2 programs for the target population in middle 

3 and high schools for at least a decade in diverse 

4 communities throughout the Nation. 

5 ‘‘(4) APPLICATIONS.—Each organization desir6 ing to receive a grant, contract, or cooperative agree7 ment under this subsection shall submit an applica8 tion to the Secretary at such time, in such manner, 

9 and including such information as the Secretary may 

10 require. Each application shall include— 

11 ‘‘(A) a description of how the organization 

12 plans to carry out the activities authorized in 

13 this subsection through a demonstration 

14 project; 

15 ‘‘(B) a description of how the organization 

16 will evaluate the project; 

17 ‘‘(C) a description of how the organization 

18 will disseminate information about the activities 

19 and the impact of the activities on the lives of 

20 students served by the project; and 

21 ‘‘(D) a description of how the organization 

22 will coordinate activities with any other relevant 

23 service providers in the locality where the orga24 nization is based, including federally supported 

25 independent living centers. 
362 

•S 1021 IS 

1 ‘‘(5) AUTHORIZED ACTIVITIES.—An organiza2 tion that receives a grant, contract, or cooperative 

3 agreement under this subsection shall use the funds 

4 made available through the grant, contract, or coop5 erative agreement to carry out 1 or more of the fol6 lowing activities for individuals, ages 14 through 21, 

7 who are students with intellectual disabilities or stu8 dents with mental illness: 

9 ‘‘(A) PROVIDING SUPPORTED AND COM10 PETITIVE EMPLOYMENT EXPERIENCES.—The 

11 development of innovative and effective sup12 ported and competitive employment experiences 

13 after school, on weekends, and in the summer, 

14 utilizing natural supports that lead to competi15 tive high-paying jobs. 

16 ‘‘(B) PROVIDING TRAINING TO SCHOOL

17 AND TRANSITION PERSONNEL.—The develop18 ment and deployment of experts to work with 

19 transition programs (including personnel work20 ing with students on transition) so that per21 sonnel from the programs develop skills needed 

22 to train students with intellectual disabilities or 

23 students with mental illness to be successful in 

24 competitive employment in a range of settings, 

25 including office settings. The training shall in-
363 

•S 1021 IS 

1 clude training for the personnel in providing in2 struction to students in computer skills, office 

3 skills, interview etiquette, and appropriate so4 cial behavior required for successful long-term 

5 employment in professional environments. 

6 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 

7 There are authorized to be appropriated to carry out 

8 this subsection $5,000,000 for fiscal year 2006 and 

9 such sums as may be necessary for fiscal years 2007 

10 through 2011. 

11 ‘‘(d) DEMONSTRATION PROJECT FOR EMPLOYMENT

12 OF INDIVIDUALS WHO ARE DEAF AND LOW FUNC13 TIONING.— 

14 ‘‘(1) PURPOSE.—The purpose of this subsection 

15 is to support a model demonstration project to pro16 vide training and employment and support services 

17 for individuals who are deaf and low functioning to 

18 enable them to gain employment skills that will allow 

19 them to become employed and economically self-suf20 ficient. 

21 ‘‘(2) DEFINITION.— 

22 ‘‘(A) IN GENERAL.—In this subsection, the 

23 term ‘individual who is deaf and low func24 tioning’ means an individual who has been deaf 

25 from birth or very early childhood, reads at or 
364 

•S 1021 IS 

1 below the second grade level, has little or no in2 telligible speech, and lacks a secondary school 

3 diploma or its recognized equivalent. 

4 ‘‘(B) SECONDARY DISABILITIES.—Such 

5 term may include an individual with a sec6 ondary disability. 

7 ‘‘(3) GRANTS AUTHORIZED.— 

8 ‘‘(A) COMPETITIVE GRANTS AUTHOR9 IZED.—The Secretary may award grants to 

10 State agencies, other public agencies or organi11 zations, or not-for-profit organizations with ex12 pertise in providing training and employment 

13 and support services for individuals who are 

14 deaf and low functioning to support model dem15 onstration projects. 

16 ‘‘(B) DURATION.—Grants under this sub17 section shall be awarded for a period not to ex18 ceed 5 years. 

19 ‘‘(4) AUTHORIZED ACTIVITIES.— 

20 ‘‘(A) DEVELOPING A COMPREHENSIVE

21 TRAINING PROGRAM.—Each grant recipient 

22 under this subsection shall develop an innova23 tive, comprehensive training program for indi24 viduals who are deaf and low functioning that 

25 can be implemented at multiple training loca-
365 

•S 1021 IS 

1 tions through such means as distance learning 

2 and use of advanced technology, as appropriate. 

3 Such training program shall be developed to 

4 maximize the potential for replication of the 

5 program by other training providers. 

6 ‘‘(B) IMPLEMENTATION.—Each grant re7 cipient under this subsection shall implement 

8 the comprehensive training program developed 

9 under subparagraph (A) as soon as feasible. 

10 Such training shall provide instruction on the 

11 job and the social skills necessary for successful 

12 long-term employment of individuals who are 

13 deaf and low functioning. 

14 ‘‘(C) ESTABLISHING A POST-TRAINING

15 PROGRAM OF EMPLOYMENT AND SUPPORT

16 SERVICES.—Each grant recipient under this 

17 subsection shall implement employment and 

18 support services to assist individuals who com19 plete the training program under subparagraph 

20 (A) in securing employment and transitioning 

21 to the workplace, for a period of not less than 

22 90 days subsequent to placement in the employ23 ment. 

24 ‘‘(5) APPLICATIONS.—Each entity desiring to 

25 receive a grant under this subsection for a model 
366 

•S 1021 IS 

1 demonstration project shall submit an application to 

2 the Secretary at such time, in such manner, and ac3 companied by such information as the Secretary may 

4 require including— 

5 ‘‘(A) a description of how the applicant 

6 plans to address the activities authorized under 

7 this subsection; 

8 ‘‘(B) a description of the evaluation plan 

9 to be used in the model demonstration project; 

10 ‘‘(C) a description of how the applicant will 

11 disseminate information about the training pro12 gram developed and the results of the project; 

13 and 

14 ‘‘(D) a description of how the entity will 

15 coordinate activities with any other relevant 

16 service providers or entities providing training 

17 and employment and support services for indi18 viduals who are deaf and low functioning. 

19 ‘‘(6) MANDATED EVALUATION AND DISSEMINA20 TION ACTIVITIES.— 

21 ‘‘(A) ANNUAL REPORT.—Not later than 2 

22 years after the date on which a grant under 

23 this subsection is awarded and annually there24 after, the grant recipient shall submit to the 
367 

•S 1021 IS 

1 Commissioner a report containing information 

2 on— 

3 ‘‘(i) the number of individuals who are 

4 participating in the demonstration project 

5 funded under this subsection; 

6 ‘‘(ii) the employment and other skills 

7 being taught in the project; 

8 ‘‘(iii) the number of individuals par9 ticipating in the project that are placed in 

10 employment; 

11 ‘‘(iv) the job sites in which those indi12 viduals are placed and the type of jobs the 

13 individuals are placed in; and 

14 ‘‘(v) the number of individuals who 

15 have dropped out of the project and the 

16 reasons for their terminating participation 

17 in the project. 

18 ‘‘(B) EVALUATION OF THE PROJECT.— 

19 Each grant recipient under this subsection shall 

20 implement the evaluation plan approved in its 

21 application for determining the results of the 

22 project within the timeframe specified in, and 

23 following the provisions of, the approved appli24 cation. 
368 

•S 1021 IS 

1 ‘‘(C) PARTICIPANT EVALUATION PROCESS; 

2 FINAL EVALUATION.—In the final year of the 

3 project, the grant recipient will prepare and 

4 submit to the Commissioner a final evaluation 

5 report of the results of the model demonstration 

6 project containing— 

7 ‘‘(i) information on— 

8 ‘‘(I) the number of individuals 

9 who participated in the demonstration 

10 project; 

11 ‘‘(II) the number of those indi12 viduals that are placed in employ13 ment; 

14 ‘‘(III) the job sites in which those 

15 individuals were placed and the type 

16 of jobs the individuals were placed in; 

17 ‘‘(IV) the number of those indi18 viduals who have dropped out of the 

19 project and the reasons for their ter20 minating participation in the project; 

21 and 

22 ‘‘(V) the number of those individ23 uals who participated in the project 

24 and who remain employed as of 2 

25 months prior to the date on which the 
369 

•S 1021 IS 

1 final report is submitted to the Sec2 retary; 

3 ‘‘(ii) a written analysis of the project, 

4 including both the strengths and weak5 nesses of the project, to assist other enti6 ties in replicating the training program de7 veloped through the project; and 

8 ‘‘(iii) such other information as the 

9 Secretary determines appropriate. 

10 ‘‘(D) DISSEMINATION.—Not later than 5 

11 years after the date on which a grant is award12 ed under this subsection, the evaluation report 

13 containing results of activities funded by such 

14 grant shall be disseminated to designated State 

15 agencies, school systems providing instruction 

16 to students who are individuals who are deaf 

17 and low functioning, supported employment 

18 providers, postsecondary vocational training 

19 programs, employers, the Social Security Ad20 ministration, and other interested parties. 

21 ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— 

22 There are authorized to be appropriated to carry out 

23 this subsection, $5,000,000 for fiscal year 2006 and 

24 such sums as may be necessary for each of fiscal 

25 years 2007 through 2011. 
370 

•S 1021 IS 

1 ‘‘(e) TRAINING AND TECHNICAL ASSISTANCE CEN2 TER TO PROMOTE HIGH-QUALITY EMPLOYMENT OUT3 COMES FOR INDIVIDUALS RECEIVING SERVICES FROM

4 DESIGNATED STATE AGENCIES.— 

5 ‘‘(1) IN GENERAL.—The Commissioner shall 

6 award a grant, contract, or cooperative agreement to 

7 an entity to support a training and technical assist8 ance program that— 

9 ‘‘(A) responds to State-specific information 

10 requests concerning high-quality employment 

11 outcomes, from designated State agencies fund12 ed under title I, including— 

13 ‘‘(i) requests for information on the 

14 expansion of self-employment, business 

15 ownership, and business development op16 portunities, and other types of 

17 entrepreneural employment opportunities 

18 for individuals with disabilities; 

19 ‘‘(ii) requests for information on the 

20 expansion and improvement of transition 

21 services to facilitate the transition of stu22 dents with disabilities from school to post23 secondary life, including employment; 

24 ‘‘(iii) requests for examples of policies, 

25 practices, procedures, or regulations, that 
371 

•S 1021 IS 

1 have enhanced or may enhance access to 

2 funding for assistive technology devices 

3 and assistive technology services for indi4 viduals with disabilities; 

5 ‘‘(iv) requests for information on ef6 fective approaches to enhance informed 

7 choice and a consumer-directed State voca8 tional rehabilitation system; 

9 ‘‘(v) requests for assistance developing 

10 corrective action plans; 

11 ‘‘(vi) requests for assistance in devel12 oping and implementing effective data col13 lection and reporting systems that measure 

14 the outcomes of the vocational rehabilita15 tion services, and preparing reports for the 

16 Commissioner as described in section 

17 106(b)(1); and 

18 ‘‘(vii) requests for information on ef19 fective approaches that enhance employ20 ment outcomes for individuals with disabil21 ities, including conducting outreach and 

22 forming partnerships with business and in23 dustry; and 

24 ‘‘(B) provides State-specific, regional, and 

25 national training and technical assistance con-
372 

•S 1021 IS 

1 cerning vocational rehabilitation services and 

2 related information to designated State agen3 cies, including— 

4 ‘‘(i) facilitating onsite and electronic 

5 information sharing using state-of-the-art 

6 Internet technologies such as real-time on7 line discussions, multipoint video confer8 encing, and web-based audio/video broad9 casts, on emerging topics that affect voca10 tional rehabilitation programs authorized 

11 under title I; 

12 ‘‘(ii) enabling the designated State 

13 agencies to coordinate training and data 

14 collection efforts with one-stop centers es15 tablished under section 121(e) of the 

16 Workforce Investment Act of 1998 (29 

17 U.S.C. 2841(e)); 

18 ‘‘(iii) enabling the designated State 

19 agencies to provide information on how the 

20 vocational rehabilitation programs author21 ized under title I can provide technical as22 sistance to the one-stop centers on making 

23 programs offered through the centers phys24 ically and programmatically accessible to 

25 individuals with disabilities; 
373 

•S 1021 IS 

1 ‘‘(iv) sharing evidence-based and 

2 promising practices among the vocational 

3 rehabilitation programs; 

4 ‘‘(v) maintaining an accessible website 

5 that includes links to— 

6 ‘‘(I) the vocational rehabilitation 

7 programs; 

8 ‘‘(II) appropriate Federal depart9 ments and agencies, and private asso10 ciations; 

11 ‘‘(III) State assistive technology 

12 device and assistive technology service 

13 demonstration programs, device loan 

14 programs, device reutilization pro15 grams, alternative financing systems, 

16 or State financing activities, operated 

17 through, or independently of, com18 prehensive statewide programs of 

19 technology-related assistance carried 

20 out under section 4 of the Assistive 

21 Technology Act of 1998 (29 U.S.C. 

22 3003), telework programs, and other 

23 programs that provide sources of 

24 funding for assistive technology de25 vices; and 
374 

•S 1021 IS 

1 ‘‘(IV) various programs, includ2 ing programs with tax credits, avail3 able to employers for hiring or accom4 modating employees who are individ5 uals with disabilities; 

6 ‘‘(vi) enhancing employment outcomes 

7 for individuals with mental illness and indi8 viduals with cognitive disabilities; 

9 ‘‘(vii) convening experts from the vo10 cational rehabilitation programs to discuss 

11 and make recommendations with regard to 

12 the employment of individuals with disabil13 ities and national emerging issues of im14 portance to individuals with vocational re15 habilitation needs; 

16 ‘‘(viii) enabling the designated State 

17 agencies to provide practical information 

18 on effective approaches for business and 

19 industry to use in employing individuals 

20 with disabilities, including provision of rea21 sonable accommodations; 

22 ‘‘(ix) providing information on other 

23 emerging issues concerning the delivery of 

24 publicly funded employment and training 

25 services and supports to assist individuals 
375 

•S 1021 IS 

1 with disabilities to enter the workforce, 

2 achieve improved outcomes, and become 

3 economically self-sufficient; and 

4 ‘‘(x) carrying out such other activities 

5 as the Secretary may require. 

6 ‘‘(2) ELIGIBLE ENTITIES.—To be eligible to re7 ceive a grant, contract, or cooperative agreement 

8 under this subsection, an entity shall have (or agree 

9 to award a grant or contract to an entity that 

10 has)— 

11 ‘‘(A) experience and expertise in admin12 istering vocational rehabilitation services; 

13 ‘‘(B) documented experience with and 

14 knowledge about self-employment, business 

15 ownership, business development, and other 

16 types of entrepreneural employment opportuni17 ties and outcomes for individuals with disabil18 ities, providing transition services for students 

19 with disabilities, and assistive technology; and 

20 ‘‘(C) the expertise necessary to identify the 

21 additional data elements needed to provide com22 prehensive reporting of activities and outcomes 

23 of the vocational rehabilitation programs au24 thorized under title I, and experience in uti25 lizing data to provide annual reports. 
376 

•S 1021 IS 

1 ‘‘(3) COLLABORATION.—In developing and pro2 viding training and technical assistance under this 

3 subsection, a recipient of a grant, contract, or coop4 erative agreement under this subsection shall col5 laborate with other organizations, in particular— 

6 ‘‘(A) agencies carrying out vocational reha7 bilitation programs under title I and national 

8 organizations representing such programs; 

9 ‘‘(B) organizations representing individuals 

10 with disabilities; 

11 ‘‘(C) organizations representing State offi12 cials and agencies engaged in the delivery of as13 sistive technology; 

14 ‘‘(D) relevant employees from Federal de15 partments and agencies, other than the Depart16 ment of Education; 

17 ‘‘(E) representatives of businesses; 

18 ‘‘(F) individuals with disabilities who use 

19 assistive technology and understand the bar20 riers to the acquisition of such technology and 

21 assistive technology services; and 

22 ‘‘(G) family members, guardians, advo23 cates, and authorized representatives of such 

24 individuals.’’; 
377 

•S 1021 IS 

1 (4) by inserting after subsection (g), as redesig2 nated by paragraph (2), the following: 

3 ‘‘(h) ACCESS TO TELEWORK.— 

4 ‘‘(1) DEFINITION OF TELEWORK.—In this sub5 section, the term ‘telework’ means work from home 

6 and other telework sites with the assistance of a 

7 computer and with reasonable accommodations, in8 cluding the necessary equipment to facilitate suc9 cessful work from home and other telework sites. 

10 ‘‘(2) AUTHORIZATION OF PROGRAM.—The Com11 missioner is authorized to make grants to States and 

12 governing bodies of Indian tribes located on Federal 

13 and State reservations (and consortia of such gov14 erning bodies) to pay for the Federal share of the 

15 cost of establishing or expanding a telework pro16 gram. 

17 ‘‘(3) APPLICATION.—A State or Indian tribe 

18 that desires to receive a grant under this subsection 

19 shall submit an application to the Commissioner at 

20 such time, in such manner, and containing such in21 formation as the Commissioner may require. 

22 ‘‘(4) USE OF FUNDS.— 

23 ‘‘(A) IN GENERAL.—A State or Indian 

24 tribe that receives a grant under this subsection 

25 shall establish or expand a telework program 
378 

•S 1021 IS 

1 that shall provide assistance through loans or 

2 other alternative financing mechanisms to indi3 viduals with disabilities. The State or Indian 

4 tribe shall provide the assistance through the 

5 program to enable such individuals to purchase 

6 computers or other equipment, including adapt7 ive equipment, to facilitate access to employ8 ment and enhance employment outcomes by 

9 providing the individual with the opportunity— 

10 ‘‘(i) to work from home or other 

11 telework sites so that such individuals are 

12 able to telework; or 

13 ‘‘(ii) to become self-employed on a 

14 full-time or part-time basis from home or 

15 other telework sites. 

16 ‘‘(B) DEVELOPMENT OF TELEWORK OP17 PORTUNITIES AND BUSINESS PLANS.—A State 

18 or Indian tribe that receives a grant under this 

19 subsection may use not more than 10 percent 

20 of the grant award to develop telework opportu21 nities with employers and assist in the develop22 ment of business plans for individuals with dis23 abilities interested in self-employment, before 

24 such individuals apply for assistance through 

25 the telework program. 
379 

•S 1021 IS 

1 ‘‘(C) SELF EMPLOYMENT.—A State or In2 dian tribe that receives a grant under this sub3 section shall enter into cooperative agreements 

4 with small business development centers for the 

5 development of business plans as described in 

6 section 103(a)(13) for individuals described in 

7 subparagraph (B), and provide assurances that 

8 the State or Indian tribe will, through plans to 

9 achieve self-support, vocational rehabilitation 

10 services, or other means, identify ways for the 

11 individuals described in subparagraph (B) to 

12 pay for the development of business plans, be13 fore such individuals apply for assistance 

14 through the telework program. 

15 ‘‘(D) DEFINITIONS.—In this paragraph: 

16 ‘‘(i) PLAN TO ACHIEVE SELF-SUP17 PORT.—The term ‘plan to achieve self-sup18 port’ means a plan described in sections 

19 416.1180 through 416.1182 of title 20, 

20 Code of Federal Regulations (or any cor21 responding similar regulation or ruling). 

22 ‘‘(ii) SMALL BUSINESS DEVELOPMENT

23 CENTER.—The term ‘small business devel24 opment center’ means a center established 
380 

•S 1021 IS 

1 under section 21 of the Small Business Act 

2 (15 U.S.C. 648). 

3 ‘‘(5) FEDERAL SHARE.—The Federal share of 

4 the cost of establishing or expanding a telework pro5 gram under this section shall be 10 percent of the 

6 cost. 

7 ‘‘(6) EXISTING GRANT RECIPIENTS.—An entity 

8 that receives a grant under the Access to Telework 

9 Fund Program under subsection (b) for a fiscal year 

10 may use the funds made available through that 

11 grant for that fiscal year in accordance with this 

12 subsection rather than subsection (b). 

13 ‘‘(7) ANNUAL REPORT.— 

14 ‘‘(A) IN GENERAL.—A State or Indian 

15 tribe that receives a grant under this subsection 

16 shall prepare and submit an annual report to 

17 the Commissioner. 

18 ‘‘(B) CONTENTS.—The report under sub19 paragraph (A) shall include the following: 

20 ‘‘(i) Information on the characteristics 

21 of each individual with a disability that re22 ceives assistance through a loan or other 

23 alternative financing mechanism under the 

24 program, including information about the 

25 individual such as the following: 
381 

•S 1021 IS 

1 ‘‘(I) Age. 

2 ‘‘(II) Ethnicity. 

3 ‘‘(III) Employment status at the 

4 time of application for assistance 

5 through a loan or other alternative fi6 nancing mechanism under this sub7 section. 

8 ‘‘(IV) Whether the individual at9 tempted to secure financial support 

10 from other sources to enable the indi11 vidual to telework and, if so, a de12 scription of such sources. 

13 ‘‘(V) Whether the individual is 

14 working and, if so, whether the indi15 vidual teleworks, the occupation in 

16 which the individual is working, the 

17 hourly salary the individual receives, 

18 and the hourly salary of the individual 

19 prior to receiving assistance through a 

20 loan or other alternative financing 

21 mechanism under the program. 

22 ‘‘(VI) Whether the individual has 

23 repaid assistance from the loan or 

24 other alternative financing mechanism 

25 received under the program, is in re-
382 

•S 1021 IS 

1 payment status, is delinquent on re2 payments, or has defaulted on the as3 sistance from the loan or other alter4 native financing mechanism. 

5 ‘‘(ii) An analysis of the individuals 

6 with disabilities that have benefited from 

7 the program. 

8 ‘‘(iii) Any other information that the 

9 Commissioner may require.’’; and 

10 (5) in subsection (i), as redesignated by para11 graph (2)— 

12 (A) by striking ‘‘this section’’ and inserting 

13 ‘‘this section (other than subsections (c) and 

14 (d))’’; and 

15 (B) by striking ‘‘fiscal years 1999 through 

16 2003’’ and inserting ‘‘fiscal years 2006 through 

17 2011’’. 

18 SEC. 443. DISABILITY CAREER PATHWAYS PROGRAM. 

19 Section 303 of the Rehabilitation Act of 1973 (29 

20 U.S.C. 773) is amended— 

21 (1) by redesignating subsection (i) (as redesig22 nated by section 442(2) as subsection (j); and 

23 (2) by inserting after subsection (h) the fol24 lowing new subsection: 
383 

•S 1021 IS 

1 ‘‘(i) GRANTS FOR DISABILITY CAREER PATHWAYS

2 PROGRAM.— 

3 ‘‘(1) DEFINITIONS.—In this subsection: 

4 ‘‘(A) ASSISTIVE TECHNOLOGY.—The term 

5 ‘assistive technology’ has the meaning given the 

6 term in section 3 of the Assistive Technology 

7 Act of 1998 (29 U.S.C. 3002). 

8 ‘‘(B) CENTER FOR INDEPENDENT LIV9 ING.—The term ‘center for independent living’ 

10 means a center for independent living funded 

11 under subtitle C of title VII. 

12 ‘‘(C) COVERED INSTITUTION.—The term 

13 ‘covered institution’ means— 

14 ‘‘(i) a secondary school; and 

15 ‘‘(ii) in the discretion of the eligible 

16 consortium involved, an institution of high17 er education. 

18 ‘‘(D) ELIGIBLE CONSORTIUM.—The term 

19 ‘eligible consortium’ means a consortium de20 scribed in paragraph (3)(A). 

21 ‘‘(E) SECONDARY SCHOOL.—The term 

22 ‘secondary school’ has the meaning given the 

23 term in section 9101 of the Elementary and 

24 Secondary Education Act of 1965 (20 U.S.C. 

25 7801). 
384 

•S 1021 IS 

1 ‘‘(2) PURPOSE OF PROGRAM.—The Commis2 sioner may establish a Disability Career Pathways 

3 program, through which the Commissioner may 

4 make grants, for periods of up to 5 years, to institu5 tions of higher education that establish eligible con6 sortia, to enable the consortia to develop and carry 

7 out training and education related to disability stud8 ies and leadership development. The consortia shall 

9 provide the training and education for the purpose 

10 of providing career pathways for students at a cov11 ered institution, in fields pertinent to individuals 

12 with disabilities, and particularly pertinent to the 

13 employment of individuals with disabilities. 

14 ‘‘(3) APPLICATION.—To be eligible to receive a 

15 grant under this subsection on behalf of a consor16 tium, an institution of higher education shall submit 

17 an application to the Secretary at such time, in such 

18 manner, and containing such information as the Sec19 retary may require, including information dem20 onstrating— 

21 ‘‘(A) that the institution of higher edu22 cation has established a consortium of members 

23 that represent— 

24 ‘‘(i) the institution of higher edu25 cation; 
385 

•S 1021 IS 

1 ‘‘(ii) a community college; 

2 ‘‘(iii) a secondary school; 

3 ‘‘(iv) a center for independent living; 

4 ‘‘(v) a designated State agency; 

5 ‘‘(vi) a one-stop center established 

6 under section 121(e) of the Workforce In7 vestment Act of 1998 (29 U.S.C. 2841(e)); 

8 and 

9 ‘‘(vii) the local business community; 

10 ‘‘(B) the collaborative working relation11 ships between the institution of higher edu12 cation and the other members of the consor13 tium, and describing the activities that each 

14 member shall undertake; and 

15 ‘‘(C) the capacity and expertise of the in16 stitution of higher education— 

17 ‘‘(i) to coordinate training and edu18 cation related to disability studies and 

19 leadership development with educational 

20 institutions and disability-related organiza21 tions; and 

22 ‘‘(ii) to conduct such training and 

23 education effectively. 

24 ‘‘(4) DISTRIBUTION OF GRANTS.—In making 

25 grants under this subsection, the Commissioner shall 
386 

•S 1021 IS 

1 ensure that the grants shall be distributed for a geo2 graphically diverse set of eligible consortia through3 out all regions. 

4 ‘‘(5) MANDATORY USES OF FUNDS.—An insti5 tution of higher education that receives a grant 

6 under this subsection on behalf of a consortium shall 

7 ensure that the consortium shall use the grant funds 

8 to— 

9 ‘‘(A) encourage interest in, enhance aware10 ness and understanding of, and provide edu11 cational opportunities in, disability-related 

12 fields, and encourage leadership development 

13 among students at a covered institution, includ14 ing such students who are individuals with dis15 abilities; 

16 ‘‘(B) enable the students at a covered in17 stitution to gain practical skills and identify 

18 work experience opportunities, including oppor19 tunities developed by the consortium in conjunc20 tion with the private sector, that benefit individ21 uals with disabilities; 

22 ‘‘(C) develop postsecondary school career 

23 pathways leading to gainful employment, the at24 tainment of an associate or baccalaureate de-
387 

•S 1021 IS 

1 gree, or the completion of further coursework or 

2 a further degree, in a disability-related field; 

3 ‘‘(D) offer credit-bearing, college-level 

4 coursework in a disability-related field to quali5 fied students at a covered institution; and 

6 ‘‘(E) ensure faculty and staff employed by 

7 the members are available to students at a cov8 ered institution for educational and career ad9 vising, and to teachers and staff at a covered 

10 institution for disability-related training. 

11 ‘‘(6) PERMISSIBLE USES OF FUNDS.—An insti12 tution of higher education that receives a grant 

13 under this subsection on behalf of a consortium may 

14 permit the consortium to use the grant funds to as15 sess the feasibility of developing or adapting disabil16 ities studies curricula, including curricula with dis17 tance learning opportunities, for use at institutions 

18 of higher education. 

19 ‘‘(7) CONSULTATION.—The consortium shall 

20 consult with appropriate agencies that serve or assist 

21 individuals with disabilities, and the parents, family 

22 members, guardians, advocates, or authorized rep23 resentatives of the individuals, located in the juris24 diction served by the consortium, concerning the 
388 

•S 1021 IS 

1 program of education and training carried out by 

2 the consortium. 

3 ‘‘(8) REVIEWS.— 

4 ‘‘(A) ADVISORY COMMITTEE.—For an in5 stitution of higher education to be eligible to re6 ceive a grant under this subsection on behalf of 

7 a consortium, the consortium shall have an ad8 visory committee that consists of members that 

9 represent the interests of individuals with dis10 abilities, including— 

11 ‘‘(i) a professional in the field of voca12 tional rehabilitation; 

13 ‘‘(ii) an individual with a disability or 

14 a family member of such an individual; 

15 and 

16 ‘‘(iii) a representative of each type of 

17 entity or community represented on the 

18 consortium. 

19 ‘‘(B) QUARTERLY REVIEWS.—The advisory 

20 committee shall meet at least once during each 

21 calendar quarter to conduct a review of the pro22 gram of education and training carried out by 

23 the consortium. The committee shall directly 

24 advise the governing board of the institution of 

25 higher education in the consortium about the 
389 

•S 1021 IS 

1 views and recommendations of the advisory 

2 committee resulting from the review. 

3 ‘‘(9) ACCOUNTABILITY.—Every 2 years, the 

4 Commissioner shall— 

5 ‘‘(A) using information collected from the 

6 reviews required in paragraph (8), assess the 

7 effectiveness of the Disability Career Pathways 

8 program carried out under this subsection, in9 cluding assessing how many individuals were 

10 served by each eligible consortium and how 

11 many of those individuals received postsec12 ondary education, or entered into employment, 

13 in a disability-related field; and 

14 ‘‘(B) prepare and submit to Congress a re15 port containing the results of the assessments 

16 described in subparagraph (A).’’. 

17 SEC. 444. MIGRANT AND SEASONAL FARMWORKERS. 

18 Section 304(b) of the Rehabilitation Act of 1973 (29 

19 U.S.C. 774(b)) is amended by striking ‘‘fiscal years 1999 

20 through 2003’’ and inserting ‘‘fiscal years 2006 through 

21 2011’’. 

22 SEC. 445. RECREATIONAL PROGRAMS. 

23 Section 305 of the Rehabilitation Act of 1973 (29 

24 U.S.C. 775) is amended— 
390 

•S 1021 IS 

1 (1) in subsection (a)(1)(B), by striking ‘‘con2 struction of facilities for aquatic rehabilitation ther3 apy,’’; and 

4 (2) in subsection (b), by striking ‘‘fiscal years 

5 1999 through 2003’’ and inserting ‘‘fiscal years 

6 2006 through 2011’’. 

7 Subtitle D—National Council on 

8 Disability 

9 SEC. 451. AUTHORIZATION OF APPROPRIATIONS. 

10 Section 405 of the Rehabilitation Act of 1973 (29 

11 U.S.C. 785) is amended by striking ‘‘fiscal years 1999 

12 through 2003’’ and inserting ‘‘fiscal years 2006 through 

13 2011’’. 

14 Subtitle E—Rights and Advocacy 

15 SEC. 461. ARCHITECTURAL AND TRANSPORTATION BAR16 RIERS COMPLIANCE BOARD. 

17 Section 502(j) of the Rehabilitation Act of 1973 (29 

18 U.S.C. 792(j)) is amended by striking ‘‘fiscal years 1999 

19 through 2003’’ and inserting ‘‘fiscal years 2006 through 

20 2011’’. 

21 SEC. 462. PROTECTION AND ADVOCACY OF INDIVIDUAL 

22 RIGHTS. 

23 Section 509 of the Rehabilitation Act of 1973 (29 

24 U.S.C. 794e) is amended— 
391 

•S 1021 IS 

1 (1) in subsection (c)(1)(A), by inserting ‘‘a 

2 grant for’’ after ‘‘to provide’’; 

3 (2) in subsection (g)(2), by striking ‘‘was paid’’ 

4 and inserting ‘‘was paid, except that program in5 come generated from the amount paid to an eligible 

6 system shall remain available to such system until 

7 expended’’; and 

8 (3) in subsection (l), by striking ‘‘fiscal years 

9 1999 through 2003’’ and inserting ‘‘fiscal years 

10 2006 through 2011’’. 

11 Subtitle F—Employment Opportu12 nities for Individuals With Dis13 abilities 

14 SEC. 471. PROJECTS WITH INDUSTRY. 

15 Section 611(a) of the Rehabilitation Act of 1973 (29 

16 U.S.C. 795(a)) is amended— 

17 (1) in paragraph (1), by inserting ‘‘, locally and 

18 nationally’’ before the period at the end; and 

19 (2) in paragraph (2)— 

20 (A) in the matter preceding subparagraph 

21 (A), by inserting ‘‘local and national’’ before 

22 ‘‘Projects With Industry’’; and 

23 (B) in subparagraph (A)— 

24 (i) in clause (iii), by striking ‘‘and’’ 

25 after the semicolon; 
392 

•S 1021 IS 

1 (ii) in clause (iv), by inserting ‘‘and’’ 

2 after the semicolon; and 

3 (iii) by adding at the end the fol4 lowing: 

5 ‘‘(v) coordinate activities with the Job 

6 Corps center industry councils established 

7 under section 154 of the Workforce Investment 

8 Act of 1998 (29 U.S.C. 2894);’’. 

9 SEC. 472. PROJECTS WITH INDUSTRY AUTHORIZATION OF 

10 APPROPRIATIONS. 

11 Section 612 of the Rehabilitation Act of 1973 (29 

12 U.S.C. 795a) is amended by striking ‘‘fiscal years 1999 

13 through 2003’’ and inserting ‘‘fiscal years 2006 through 

14 2011’’. 

15 SEC. 473. SERVICES FOR INDIVIDUALS WITH SIGNIFICANT 

16 DISABILITIES AUTHORIZATION OF APPRO17 PRIATIONS. 

18 Section 628 of the Rehabilitation Act of 1973 (29 

19 U.S.C. 795n) is amended by striking ‘‘fiscal years 1999 

20 through 2003’’ and inserting ‘‘fiscal years 2006 through 

21 2011’’. 
393 

•S 1021 IS 

1 Subtitle G—Independent Living 

2 Services and Centers for Inde3 pendent Living 

4 SEC. 481. STATE PLAN. 

5 Section 704 of the Rehabilitation Act of 1973 (42 

6 U.S.C. 795c) is amended by adding at the end the fol7 lowing: 

8 ‘‘(o) PROMOTING FULL ACCESS TO COMMUNITY

9 LIFE.— 

10 ‘‘(1) IN GENERAL.—The plan shall describe 

11 how the State will provide independent living serv12 ices that promote full access to community life for 

13 individuals with significant disabilities. 

14 ‘‘(2) SERVICES.—The services shall include, as 

15 appropriate— 

16 ‘‘(A) facilitating transitions of— 

17 ‘‘(i) youth who are individuals with 

18 significant disabilities and have completed 

19 individualized education programs under 

20 section 614(d) of the Individuals with Dis21 abilities Education Act (20 U.S.C. 

22 1414(d)) to postsecondary life, including 

23 employment; and 

24 ‘‘(ii) individuals with significant dis25 abilities from nursing homes and other in-
394 

•S 1021 IS 

1 stitutions, including institutions serving in2 dividuals with cognitive disabilities, to com3 munity-based residences; 

4 ‘‘(B) assisting individuals with significant 

5 disabilities at risk of entering institutions to re6 main in the community; and 

7 ‘‘(C) promoting home ownership among in8 dividuals with significant disabilities.’’. 

9 SEC. 482. STATEWIDE INDEPENDENT LIVING COUNCIL. 

10 Section 705(b) of the Rehabilitation Act of 1973 (29 

11 U.S.C. 796d(b)) is amended— 

12 (1) in paragraph (2), by striking subparagraph 

13 (C) and inserting the following: 

14 ‘‘(C) in a State in which 1 or more 

15 projects provide services under section 121, not 

16 less than 1 representative of the directors of the 

17 projects.’’; and 

18 (2) by striking paragraph (5) and inserting the 

19 following: 

20 ‘‘(5) CHAIRPERSON.—The Council shall select a 

21 chairperson from among the voting membership of 

22 the Council.’’. 
395 

•S 1021 IS 

1 SEC. 483. INDEPENDENT LIVING SERVICES AUTHORIZA2 TION OF APPROPRIATIONS. 

3 Section 714 of the Rehabilitation Act of 1973 (29 

4 U.S.C. 796e–3) is amended by striking ‘‘fiscal years 1999 

5 through 2003’’ and inserting ‘‘fiscal years 2006 through 

6 2011’’. 

7 SEC. 484. PROGRAM AUTHORIZATION. 

8 Section 721 of the Rehabilitation Act of 1973 (42 

9 U.S.C. 796f) is amended— 

10 (1) by striking subsection (c) and inserting the 

11 following: 

12 ‘‘(c) ALLOTMENTS TO STATES.— 

13 ‘‘(1) DEFINITIONS.—In this subsection: 

14 ‘‘(A) ADDITIONAL APPROPRIATION.—The 

15 term ‘additional appropriation’ means the 

16 amount (if any) by which the appropriation for 

17 a fiscal year exceeds the total of— 

18 ‘‘(i) the amount reserved under sub19 section (b) for that fiscal year; and 

20 ‘‘(ii) the appropriation for fiscal year 

21 2003. 

22 ‘‘(B) APPROPRIATION.—The term ‘appro23 priation’ means the amount appropriated to 

24 carry out this part. 

25 ‘‘(C) BASE APPROPRIATION.—The term 

26 ‘base appropriation’ means the portion of the 
396 

•S 1021 IS 

1 appropriation for a fiscal year that is equal to 

2 the lesser of— 

3 ‘‘(i) an amount equal to 100 percent 

4 of the appropriation, minus the amount re5 served under subsection (b) for that fiscal 

6 year; or 

7 ‘‘(ii) the appropriation for fiscal year 

8 2003. 

9 ‘‘(2) ALLOTMENTS TO STATES FROM BASE AP10 PROPRIATION.—After the reservation required by 

11 subsection (b) has been made, the Commissioner 

12 shall allot to each State whose State plan has been 

13 approved under section 706 an amount that bears 

14 the same ratio to the base appropriation as the 

15 amount the State received under this subsection for 

16 fiscal year 2003 bears to the total amount that all 

17 States received under this subsection for fiscal year 

18 2003. 

19 ‘‘(3) ALLOTMENTS TO STATES OF ADDITIONAL

20 APPROPRIATION.—From any additional appropria21 tion for each fiscal year, the Commissioner shall 

22 allot to each State whose State plan has been ap23 proved under section 706 an amount equal to the 

24 sum of— 
397 

•S 1021 IS 

1 ‘‘(A) an amount that bears the same ratio 

2 to 50 percent of the additional appropriation as 

3 the population of the State bears to the popu4 lation of all States; and 

‘‘(B) 1 5 ⁄56 of 50 percent of the additional 

6 appropriation.’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(e) CARRYOVER AUTHORITY.—Notwithstanding any 

9 other provision of law— 

10 ‘‘(1) any funds appropriated for a fiscal year to 

11 carry out a grant program under section 722 or 

12 723, that are not obligated and expended by recipi13 ents prior to the beginning of the succeeding fiscal 

14 year shall remain available for obligation and ex15 penditure by such recipients during that succeeding 

16 fiscal year and the subsequent fiscal year; and 

17 ‘‘(2) any amounts of program income received 

18 by recipients under a grant program under section 

19 722 or 723 in a fiscal year, that are not obligated 

20 and expended by recipients prior to the beginning of 

21 the succeeding fiscal year, shall remain available for 

22 obligation and expenditure by such recipients during 

23 that succeeding fiscal year and the subsequent fiscal 

24 year.’’. 
398 

•S 1021 IS 

1 SEC. 485. GRANTS TO CENTERS FOR INDEPENDENT LIVING 

2 IN STATES IN WHICH FEDERAL FUNDING EX3 CEEDS STATE FUNDING. 

4 Section 722(c) of the Rehabilitation Act of 1973 (29 

5 U.S.C. 796f–1(c)) is amended— 

6 (1) by striking ‘‘grants’’ and inserting ‘‘grants 

7 for a fiscal year’’; and 

8 (2) by striking ‘‘by September 30, 1997’’ and 

9 inserting ‘‘for the preceding fiscal year’’. 

10 SEC. 486. GRANTS TO CENTERS FOR INDEPENDENT LIVING 

11 IN STATES IN WHICH STATE FUNDING 

12 EQUALS OR EXCEEDS FEDERAL FUNDING. 

13 Section 723(c) of the Rehabilitation Act of 1973 (29 

14 U.S.C. 796f–2(c)) is amended— 

15 (1) by striking ‘‘grants’’ and inserting ‘‘grants 

16 for a fiscal year’’; and 

17 (2) by striking ‘‘by September 30, 1997’’ and 

18 inserting ‘‘for the preceding fiscal year’’. 

19 SEC. 487. STANDARDS AND ASSURANCES FOR CENTERS 

20 FOR INDEPENDENT LIVING. 

21 Section 725(b) of the Rehabilitation Act of 1973 (29 

22 U.S.C. 796f–4(b)) is amended by adding at the end the 

23 following: 

24 ‘‘(8) PROMOTING FULL ACCESS TO COMMUNITY

25 LIFE.— 
399 

•S 1021 IS 

1 ‘‘(A) IN GENERAL.—The center shall pro2 vide independent living services that promote 

3 full access to community life for individuals 

4 with significant disabilities. 

5 ‘‘(B) SERVICES.—The services shall in6 clude, as appropriate— 

7 ‘‘(i) facilitating transitions of— 

8 ‘‘(I) youth who are individuals 

9 with significant disabilities and have 

10 completed individualized education 

11 programs under section 614(d) of the 

12 Individuals with Disabilities Edu13 cation Act (20 U.S.C. 1414(d)) to 

14 postsecondary life, including employ15 ment; and 

16 ‘‘(II) individuals with significant 

17 disabilities from nursing homes and 

18 other institutions, including institu19 tions serving individuals with cognitive 

20 disabilities, to community-based resi21 dences; 

22 ‘‘(ii) assisting individuals with signifi23 cant disabilities at risk of entering institu24 tions to remain in the community; and 
400 

•S 1021 IS 

1 ‘‘(iii) promoting home ownership 

2 among individuals with significant disabil3 ities.’’. 

4 SEC. 488. CENTERS FOR INDEPENDENT LIVING AUTHORIZA5 TION OF APPROPRIATIONS. 

6 Section 727 of the Rehabilitation Act of 1973 (29 

7 U.S.C. 796f–6) is amended by striking ‘‘fiscal years 1999 

8 through 2003’’ and inserting ‘‘fiscal years 2006 through 

9 2011’’. 

10 SEC. 489. INDEPENDENT LIVING SERVICES FOR OLDER IN11 DIVIDUALS WHO ARE BLIND. 

12 Chapter 2 of title VII of the Rehabilitation Act of 

13 1973 (29 U.S.C. 796j et seq.) is amended— 

14 (1) by redesignating sections 752 and 753 as 

15 sections 753 and 754, respectively; and 

16 (2) by inserting after section 751 the following: 

17 ‘‘SEC. 752. TRAINING AND TECHNICAL ASSISTANCE. 

18 ‘‘(a) GRANTS; CONTRACTS; OTHER ARRANGE19 MENTS.—For any fiscal year for which the funds appro20 priated to carry out this chapter exceed the funds appro21 priated to carry out this chapter for fiscal year 2003, the 

22 Commissioner shall first reserve from such excess, to pro23 vide training and technical assistance to designated State 

24 agencies for such fiscal year, not less than 1.8 percent, 
401 

•S 1021 IS 

1 and not more than 2 percent, of the funds appropriated 

2 to carry out this chapter for the fiscal year involved. 

3 ‘‘(b) ALLOCATION.—From the funds reserved under 

4 subsection (a), the Commissioner shall make grants to, 

5 and enter into contracts and other arrangements with, en6 tities that demonstrate expertise in the provision of serv7 ices to older individuals who are blind to provide training 

8 and technical assistance with respect to planning, devel9 oping, conducting, administering, and evaluating inde10 pendent living programs for older individuals who are 

11 blind. 

12 ‘‘(c) FUNDING PRIORITIES.—The Commissioner shall 

13 conduct a survey of designated State agencies that receive 

14 grants under section 753 regarding training and technical 

15 assistance needs in order to determine funding priorities 

16 for grants, contracts, and other arrangements under this 

17 section. 

18 ‘‘(d) REVIEW.—To be eligible to receive a grant or 

19 enter into a contract or other arrangement under this sec20 tion, an entity shall submit an application to the Commis21 sioner at such time, in such manner, containing a proposal 

22 to provide such training and technical assistance, and con23 taining such additional information as the Commissioner 

24 may require. 
402 

•S 1021 IS 

1 ‘‘(e) PROHIBITION ON COMBINED FUNDS.—No funds 

2 reserved by the Commissioner under this section may be 

3 combined with funds appropriated under any other Act or 

4 part of this Act if the purpose of combining funds is to 

5 make a single discretionary grant or a single discretionary 

6 payment, unless such reserved funds are separately identi7 fied in the agreement for such grant or payment and are 

8 used for the purposes of this chapter.’’. 

9 SEC. 490. PROGRAM OF GRANTS. 

10 Section 753 of the Rehabilitation Act of 1973, as re11 designated by section 489, is amended— 

12 (1) by striking subsection (h); 

13 (2) by redesignating subsections (i) and (j) as 

14 subsections (h) and (i), respectively; 

15 (3) in subsection (b), by striking ‘‘section 753’’ 

16 and inserting ‘‘section 754’’; 

17 (4) in subsection (c)— 

18 (A) in paragraph (1), by striking ‘‘section 

19 753’’ and inserting ‘‘section 754’’; and 

20 (B) in paragraph (2)— 

21 (i) by striking ‘‘subsection (j)’’ and in22 serting ‘‘subsection (i)’’; and 

23 (ii) by striking ‘‘subsection (i)’’ and 

24 inserting ‘‘subsection (h)’’; 
403 

•S 1021 IS 

1 (5) in subsection (g), by inserting ‘‘, or con2 tracts with,’’ after ‘‘grants to’’; 

3 (6) in subsection (h), as redesignated by para4 graph (2)— 

5 (A) in paragraph (1), by striking ‘‘sub6 section (j)(4)’’ and inserting ‘‘subsection 

7 (i)(4)’’; and 

8 (B) in paragraph (2)— 

9 (i) in subparagraph (A)(vi), by adding 

10 ‘‘and’’ after the semicolon; 

11 (ii) in subparagraph (B)(ii)(III), by 

12 striking ‘‘; and’’ and inserting a period; 

13 and 

14 (iii) by striking subparagraph (C); 

15 and 

16 (7) in subsection (i), as redesignated by para17 graph (2)— 

18 (A) by striking paragraph (2) and insert19 ing the following: 

20 ‘‘(2) MINIMUM ALLOTMENT.— 

21 ‘‘(A) STATES.—In the case of any of the 

22 several States, the District of Columbia, or the 

23 Commonwealth of Puerto Rico, the amount re24 ferred to in paragraph (1)(A) for a fiscal year 

25 is the greater of— 
404 

•S 1021 IS 

1 ‘‘(i) $350,000; 

2 ‘‘(ii) an amount equal to the amount 

3 the State, the District of Columbia, or the 

4 Commonwealth of Puerto Rico received to 

5 carry out this chapter for fiscal year 2003; 

6 or 

‘‘(iii) an amount equal to 1 7 ⁄3 of 1 per8 cent of the amount appropriated under sec9 tion 754, and not reserved under section 

10 752, for the fiscal year and available for 

11 allotments under subsection (a). 

12 ‘‘(B) CERTAIN TERRITORIES.—In the case 

13 of Guam, American Samoa, the United States 

14 Virgin Islands, or the Commonwealth of the 

15 Northern Mariana Islands, the amount referred 

16 to in paragraph (1)(A) for a fiscal year is 

17 $60,000.’’; 

18 (B) in paragraph (3)(A), by striking ‘‘sec19 tion 753’’ and inserting ‘‘section 754, and not 

20 reserved under section 752,’’; and 

21 (C) in paragraph (4)(B)(i), by striking 

22 ‘‘subsection (i)’’ and inserting ‘‘subsection (h)’’. 
405 

•S 1021 IS 

1 SEC. 491. INDEPENDENT LIVING SERVICES FOR OLDER IN2 DIVIDUALS WHO ARE BLIND AUTHORIZATION 

3 OF APPROPRIATIONS. 

4 Section 754 of the Rehabilitation Act of 1973, as re5 designated by section 489, is amended by striking ‘‘fiscal 

6 years 1999 through 2003’’ and inserting ‘‘fiscal years 

7 2006 through 2011’’. 

8 Subtitle H—Miscellaneous 

9 SEC. 495. HELEN KELLER NATIONAL CENTER ACT. 

10 (a) GENERAL AUTHORIZATION OF APPROPRIA11 TIONS.—The first sentence of section 205(a) of the Helen 

12 Keller National Center Act (29 U.S.C. 1904(a)) is amend13 ed by striking ‘‘1999 through 2003’’ and inserting ‘‘2006 

14 through 2011’’. 

15 (b) HELEN KELLER NATIONAL CENTER FEDERAL

16 ENDOWMENT FUND.—The first sentence of section 

17 208(h) of the Helen Keller National Center Act (29 

18 U.S.C. 1907(h)) is amended by striking ‘‘1999 through 

19 2003’’ and inserting ‘‘2006 through 2011’’. 

20 TITLE V—TRANSITION AND 

21 EFFECTIVE DATE 

22 SEC. 501. TRANSITION PROVISIONS. 

23 The Secretary of Labor shall, at the discretion of the 

24 Secretary, take such actions as the Secretary determines 

25 to be appropriate to provide for the orderly implementa26 tion of titles I and III of this Act. The Secretary of Edu-
406 

•S 1021 IS 

1 cation shall, at the discretion of the Secretary, take such 

2 actions as the Secretary determines to be appropriate to 

3 provide for the orderly implementation of titles II and IV 

4 of this Act. 

5 SEC. 502. EFFECTIVE DATE. 

6 Except as otherwise provided in this Act, this Act and 

7 the amendments made by this Act shall take effect on the 

8 date of enactment of this Act. 

Æ