II 

Calendar No. 203 

109TH CONGRESS 

1ST SESSION S. 1021 

[Report No. 109–134] 

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 

SEPTEMBER 7, 2005 

Reported by Mr. ENZI, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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’’. 
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1 SEC. 2. TABLE OF CONTENTS. 

2 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 

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. 
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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. 

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. 
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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. 

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. 
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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 provi5 sion, the reference shall be considered to be made to a 

6 section or other provision of the Workforce Investment Act 

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

8 TITLE I—AMENDMENTS TO 

9 TITLE I OF THE WORKFORCE 

10 INVESTMENT ACT OF 1998 

11 Subtitle A—Definitions 

12 SEC. 101. DEFINITIONS. 

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

14 (1) by redesignating paragraphs (1) through 

15 (4), (5) through (16), (17), (18) through (41), and 

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

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

18 through (59), respectively; 

19 (2) by inserting before paragraph (2) (as redes20 ignated by paragraph (1)) the following: 

21 ‘‘(1) ACCRUED EXPENDITURES.—The term ‘ac22 crued expenditures’ means charges incurred by re23 cipients of funds under this title for a given period 

24 requiring the provision of funds for— 

25 ‘‘(A) goods or other tangible property re26 ceived; 
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1 ‘‘(B) services performed by employees, con2 tractors, subgrantees, subcontractors, and other 

3 payees; and 

4 ‘‘(C) other amounts becoming owed under 

5 programs assisted under this title for which no 

6 current services or performance is required, 

7 such as annuities, insurance claims, and other 

8 benefit payments.’’; 

9 (3) in paragraph (2) (as redesignated by para10 graph (1)), by striking ‘‘Except in sections 127 and 

11 132,’’ and inserting ‘‘Except in section 132,’’; 

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

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

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

15 ‘basic skills deficient’ means, with respect to an indi16 vidual, that the individual— 

17 ‘‘(A) has English reading, writing, or com18 puting skills at or below the 8th grade level on 

19 a generally accepted standardized test or a com20 parable score on a criterion-referenced test; or 

21 ‘‘(B) is unable to compute or solve prob22 lems, read, write, or speak English at a level 

23 necessary to function on the job, in the individ24 ual’s family, or in society.’’; 
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1 (5) by inserting after paragraph (5) (as redesig2 nated by paragraph (1)) the following: 

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

4 ‘business intermediary’ means an entity that brings 

5 together various stakeholders with an expertise in an 

6 industry or business sector.’’; 

7 (6) in paragraph (9) (as redesignated by para8 graph (1)), by inserting ‘‘, including a faith-based 

9 organization,’’ after ‘‘nonprofit organization’’; 

10 (7) in paragraph (10) (as redesignated by para11 graph (1))— 

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

13 ‘‘and’’ after the semicolon; 

14 (B) in subparagraph (C)— 

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

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

17 inserting ‘‘for— 

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

19 training as determined by the local board, 

20 taking into account the size of the em21 ployer and such other factors as the local 

22 board determines to be appropriate; and 

23 ‘‘(ii) in the case of customized train24 ing (as defined in subparagraphs (A) and 

25 (B)) with an employer in multiple local 
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1 areas in the State, a significant portion of 

2 the cost of the training, as determined by 

3 the Governor, taking into account the size 

4 of the employer and such other factors as 

5 the Governor determines to be appro6 priate.’’; 

7 (8) in paragraph (11) (as redesignated by para8 graph (1))— 

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

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

11 121(e)’’; 

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

13 after the semicolon; 

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

15 period and inserting ‘‘; or’’; and 

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

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

18 Armed Forces on active duty for a period of 

19 more than 30 days (as defined in section 

20 101(d)(2) of title 10, United States Code) who 

21 has experienced a loss of employment as a di22 rect result of relocation to accommodate a per23 manent change in duty station of such member; 

24 or 
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1 ‘‘(ii) is the spouse of a member of the 

2 Armed Forces on active duty who meets the cri3 teria described in paragraph (12)(B).’’; 

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

5 paragraph (1))— 

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

7 and inserting ‘‘or’’; 

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

9 ‘‘(A)(i)’’; and 

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

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

12 of the Armed Forces on active duty for a period 

13 of more than 30 days (as defined in section 

14 101(d)(2) of title 10, United States Code) 

15 whose family income is significantly reduced be16 cause of a deployment (as defined in section 

17 991(b) of title 10, United States Code, or pur18 suant to paragraph (4) of such section), a call 

19 or order to active duty pursuant to a provision 

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

21 title 10, United States Code, a permanent 

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

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

24 States Code) death or disability of the member; 

25 and’’; 
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1 (10) in paragraph (14)(A) (as redesignated by 

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

3 inserting ‘‘section 122’’; 

4 (11) by inserting after paragraph (18) (as re5 designated by paragraph (1)) the following: 

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

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

8 of individuals who are hard to serve, including dis9 placed homemakers, low-income individuals, Native 

10 Americans, individuals with disabilities, older indi11 viduals, ex-offenders, homeless individuals, individ12 uals with limited English proficiency, individuals 

13 who do not meet the definition of literacy in section 

14 203, individuals facing substantial cultural barriers, 

15 migrant and seasonal farmworkers, individuals with16 in 2 years of exhausting lifetime eligibility under 

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

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

19 pregnant women), and such other groups as the 

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

21 (12) by inserting after paragraph (20) (as re22 designated by paragraph (1)) the following: 

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

24 term ‘integrated training program’ means a program 
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1 that combines occupational skills training with 

2 English language acquisition. 

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

4 The term ‘institution of higher education’ has the 

5 meaning given the term in section 101(a), and sub6 paragraphs (A) and (B) of section 102(a)(1), of the 

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

8 1002(a)(1)).’’; 

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

10 paragraph (1))— 

11 (A) by redesignating subparagraphs (D) 

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

13 respectively; and 

14 (B) by inserting after subparagraph (C) 

15 the following: 

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

17 or reduced price lunch under the Richard B. 

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

19 1751 et seq.);’’; 

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

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

22 the following: ‘‘, including occupations in computer 

23 science and technology and other emerging high-skill 

24 occupations,’’; 
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1 (15) in paragraph (35) (as redesignated by 

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

3 121(b)(1)(C)’’ after ‘‘121(b)(1)’’; 

4 (16) by striking paragraph (38) (as redesig5 nated by paragraph (1)) and inserting the following: 

6 ‘‘(38) OUT-OF-SCHOOL YOUTH.—The term ‘out7 of-school youth’ means an out-of-school youth as de8 fined in section 129(a)(1)(B).’’; 

9 (17) by inserting after paragraph (46) (as re10 designated by paragraph (1)) the following: 

11 ‘‘(47) SELF-SUFFICIENCY.—The term ‘self-suf12 ficiency’ means self-sufficiency within the meaning 

13 of subsections (a)(3)(A)(x) and (e)(1)(A)(xii) of sec14 tion 134.’’; 

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

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

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

18 136(b)(3)(A)(iii)’’; 

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

20 paragraph (1)), by striking ‘‘(or as described in sec21 tion 129(c)(5))’’ and inserting ‘‘(or as described in 

22 section 129(a)(2))’’; and 

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

24 paragraph (1)), by striking ‘‘established under sec-
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1 tion 117(h)’’ and inserting ‘‘that may be established 

2 under section 117(h)(2)’’. 

3 Subtitle B—Statewide and Local 

4 Workforce Investment Systems 

5 SEC. 111. PURPOSE. 

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

7 follows: 

8 ‘‘SEC. 106. PURPOSES. 

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

10 ‘‘(1)(A) Primarily, to provide workforce invest11 ment activities, through statewide and local work12 force investment systems, that increase the employ13 ment, retention, self-sufficiency, and earnings of 

14 participants, and increase occupational skill attain15 ment by participants. 

16 ‘‘(B) As a result of the provision of the activi17 ties, to improve the quality of the workforce, reduce 

18 welfare dependency, increase self-sufficiency, and en19 hance the productivity and competitiveness of the 

20 Nation. 

21 ‘‘(2) To enhance the workforce investment sys22 tem of the Nation by strengthening one-stop centers, 

23 providing for more effective governance arrange24 ments, promoting access to a more comprehensive 

25 array of employment and training and related serv-
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1 ices, establishing a targeted approach to serving 

2 youth, improving performance accountability, and 

3 promoting State and local flexibility. 

4 ‘‘(3) To provide workforce investment activities 

5 in a manner that promotes the informed choice of 

6 participants and actively involves participants in de7 cisions affecting their participation in such activities. 

8 ‘‘(4) To provide workforce investment systems 

9 that are demand-driven and responsive to the needs 

10 of all employers, including small employers. 

11 ‘‘(5) To provide workforce investment systems 

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

13 and rural areas. 

14 ‘‘(6) To allow flexibility to meet State, local, re15 gional, and individual workforce investment needs. 

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

17 between economic development and workforce invest18 ment activities. 

19 ‘‘(8) To provide for accurate data collection, re20 porting, and performance measures that are not un21 duly burdensome. 

22 ‘‘(9) To address the ongoing shortage of essen23 tial skills in the United States workforce related to 

24 both manufacturing and knowledge-based economies 
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1 to ensure that the United States remains competi2 tive in the global economy. 

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

4 contribute to lifelong education. 

5 ‘‘(11) To eliminate training disincentives for 

6 hard-to-serve populations and minority workers, in7 cluding effectively utilizing community programs, 

8 services, and agencies. 

9 ‘‘(12) To educate limited English proficient in10 dividuals about skills and language so the individ11 uals are employable. 

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

13 and earnings of individuals with disabilities.’’. 

14 SEC. 112. STATE WORKFORCE INVESTMENT BOARDS. 

15 (a) MEMBERSHIP.— 

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

17 2821(b)) is amended— 

18 (A) in paragraph (1), by striking subpara19 graph (C) and inserting the following: 

20 ‘‘(C) representatives appointed by the Gov21 ernor, who— 

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

23 with responsibility for the programs and 

24 activities that are described in section 
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1 121(b) and carried out by one-stop part2 ners, except that— 

3 ‘‘(I) in any case in which no lead 

4 State agency official has responsibility 

5 for such a program or activity, the 

6 representative shall be a representa7 tive in the State with expertise relat8 ing to such program or activity; and 

9 ‘‘(II) in the case of the programs 

10 authorized under title I of the Reha11 bilitation Act of 1973 (29 U.S.C. 720 

12 et seq.), the representative shall be 

13 the director of the designated State 

14 unit, as defined in section 7 of the Re15 habilitation Act of 1973 (29 U.S.C. 

16 705); 

17 ‘‘(ii) are the State agency officials re18 sponsible for economic development; 

19 ‘‘(iii) are representatives of business 

20 in the State, including small businesses, 

21 who— 

22 ‘‘(I) are owners of businesses, 

23 chief executive or operating officers of 

24 businesses, or other business execu-
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1 tives or employers with optimum pol2 icymaking or hiring authority; 

3 ‘‘(II) represent businesses with 

4 employment opportunities that reflect 

5 employment opportunities in the 

6 State; and 

7 ‘‘(III) are appointed from among 

8 individuals nominated by State busi9 ness organizations, business trade as10 sociations, and local boards; 

11 ‘‘(iv) are chief elected officials (rep12 resenting cities and counties, where appro13 priate); 

14 ‘‘(v) are representatives of labor orga15 nizations, who have been nominated by 

16 State labor federations; and 

17 ‘‘(vi) are such other State agency offi18 cials and other representatives as the Gov19 ernor may designate.’’; and 

20 (B) in paragraph (3), by striking ‘‘para21 graph (1)(C)(i)’’ and inserting ‘‘paragraph 

22 (1)(C)(iii)’’. 

23 (2) CONFORMING AMENDMENT.—Section 

24 111(c) (29 U.S.C. 2821(c)) is amended by striking 
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1 ‘‘subsection (b)(1)(C)(i)’’ and inserting ‘‘subsection 

2 (b)(1)(C)(iii)’’. 

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

4 2821(d)) is amended— 

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

6 and inserting ‘‘development, implementation, and re7 vision’’; 

8 (2) in paragraph (2)— 

9 (A) by striking ‘‘section 134(c)’’ and in10 serting ‘‘section 121(e)’’; and 

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

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

13 granting the authority for the State employ14 ment service under the Wagner-Peyser Act (29 

15 U.S.C. 49 et seq.) to plan and coordinate em16 ployment and training activities with local 

17 boards’’; 

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

19 following: 

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

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

22 applicable, in order to provide effective strategic 

23 leadership in the development of a high quality, com24 prehensive statewide workforce investment system, 

25 including commenting at least once annually on the 
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1 measures taken pursuant to section 113(b)(3) of the 

2 Carl D. Perkins Vocational and Technical Education 

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

4 this Act;’’; 

5 (4) by redesignating paragraphs (4) through 

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

7 (5) by inserting after paragraph (3) the fol8 lowing: 

9 ‘‘(4) development and review of statewide poli10 cies affecting the coordinated provision of services 

11 through the one-stop delivery system described in 

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

13 ‘‘(A) the development of objective criteria 

14 and procedures for use by local boards in as15 sessing the effectiveness and continuous im16 provement of one-stop centers under section 

17 121(g); 

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

19 allocation of one-stop center infrastructure 

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

21 ‘‘(C) the development of— 

22 ‘‘(i) statewide policies relating to the 

23 appropriate roles and contributions of one24 stop partner programs within the one-stop 

25 delivery system, including approaches to 
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1 facilitating equitable and efficient cost allo2 cation in the one-stop delivery system; 

3 ‘‘(ii) statewide strategies for providing 

4 effective outreach to individuals, including 

5 hard-to-serve populations, and employers 

6 who could benefit from services provided 

7 through the one-stop delivery system; 

8 ‘‘(iii) strategies for technology im9 provements to facilitate access to services 

10 provided through the one-stop delivery sys11 tem, in remote areas, and for individuals 

12 with disabilities, which may be utilized 

13 throughout the State; and 

14 ‘‘(iv) strategies for the effective co15 ordination of activities between the one16 stop delivery system of the State and the 

17 State employment service under the Wag18 ner-Peyser Act (29 U.S.C. 49 et seq.); 

19 ‘‘(D) identification and dissemination of 

20 information on best practices for effective oper21 ation of one-stop centers, including use of inno22 vative business outreach, partnerships, and 

23 service delivery strategies, including for hard-to24 serve populations; and 
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1 ‘‘(E) conduct of such other matters as may 

2 promote statewide objectives for, and enhance 

3 the performance of, the one-stop delivery sys4 tem;’’; 

5 (6) in paragraph (5) (as redesignated by para6 graph (4)), by inserting ‘‘and the development of 

7 statewide criteria to be used by chief elected officials 

8 for the appointment of local boards consistent with 

9 section 117’’ after ‘‘section 116’’; 

10 (7) in paragraph (6) (as redesignated by para11 graph (4)), by striking ‘‘sections 128(b)(3)(B) and 

12 133(b)(3)(B)’’ and inserting ‘‘sections 128(b)(3) and 

13 133(b)(3)(B)’’; 

14 (8) in paragraph (9) (as redesignated by para15 graph (4))— 

16 (A) by striking ‘‘employment statistics sys17 tem’’ and inserting ‘‘workforce and labor mar18 ket information system’’; and 

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

20 (9) in paragraph (10) (as redesignated by para21 graph (4))— 

22 (A) by inserting ‘‘section 136(i) and’’ be23 fore ‘‘section 503’’; and 

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

25 and’’; and 
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1 (10) by adding at the end the following: 

2 ‘‘(11) increasing the availability of skills train3 ing, employment opportunities, and career advance4 ment, for hard-to-serve populations.’’. 

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

6 U.S.C. 2821(e)) is amended— 

7 (1) in paragraph (1), by striking ‘‘For’’ and in8 serting ‘‘Subject to paragraph (3), for’’; and 

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

10 ‘‘(3) FAILURE TO MEET PERFORMANCE MEAS11 URES.—If a State fails to have performed success12 fully, as defined in section 116(a)(2), the Secretary 

13 may require the State to establish a State board in 

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

15 of the alternative entity established under paragraph 

16 (1).’’. 

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

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

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

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

21 U.S.C. 2821(g)) is amended— 

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

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

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

25 State plan’’ after ‘‘the plan’’. 
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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 
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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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 

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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 

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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 

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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. 
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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 

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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 RS 

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 

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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 

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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 

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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 

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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 

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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 

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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 

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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 RS 

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 RS 

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 RS 

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 

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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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 

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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). 
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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-
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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 

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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. 
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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 RS 

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; 
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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. 
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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)— 
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•S 1021 RS 

‘‘(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 
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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 RS 

$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 RS 

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 RS 

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 RS 

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 
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•S 1021 RS 

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 
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•S 1021 RS 

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 
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•S 1021 RS 

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 RS 

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. 
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•S 1021 RS 

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— 
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•S 1021 RS 

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: 
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•S 1021 RS 

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— 
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•S 1021 RS 

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 RS 

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 
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•S 1021 RS 

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). 
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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 RS 

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 RS 

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; 
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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-
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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 
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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.’’. 
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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’’; 
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•S 1021 RS 

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 RS 

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.’’. 
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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.— 
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•S 1021 RS 

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; 
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•S 1021 RS 

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 RS 

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 RS 

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 RS 

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’’. 
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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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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.’’. 
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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; 
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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— 
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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 
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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-
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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; 
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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 
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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’’. 
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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: 
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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)— 
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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 
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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 
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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’’; 
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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 
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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 
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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; 
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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 
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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 
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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. 
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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-
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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; 
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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.— 
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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. 
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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. 
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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 RS 

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 
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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; 
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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-
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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 

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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 
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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)— 
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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-
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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 
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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 
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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 
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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 
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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), 
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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 
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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 
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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 
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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-
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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.— 
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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. 
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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. 
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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 
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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— 
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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. 
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•S 1021 RS 

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: 
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•S 1021 RS 

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 
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•S 1021 RS 

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. 
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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— 
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•S 1021 RS 

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 
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•S 1021 RS 

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; 
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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, 
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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-
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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 
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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 
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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 

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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 

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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 

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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. 
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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 
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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 

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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 

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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 

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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 RS 

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 

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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 

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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 

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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 

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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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 

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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 RS 

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 RS 

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 

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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 

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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 RS 

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 RS 

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 
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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. 
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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)’’. 
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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; 
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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;’’; 
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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’’; 
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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.’’; 
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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 

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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; 
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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 
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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 RS 

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 

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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 

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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. 
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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 

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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’’; 
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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 RS 

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 RS 

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 RS 

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 RS 

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-
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•S 1021 RS 

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 RS 

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 
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•S 1021 RS 

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— 
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•S 1021 RS 

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 

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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’’; 
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•S 1021 RS 

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 

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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 
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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: 
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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 
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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 
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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:’’. 
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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;’’; 
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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’’; 
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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 
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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)— 
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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)— 
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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-
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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-
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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 

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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’’; 
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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 
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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— 
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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. 
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•S 1021 RS 

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 
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•S 1021 RS 

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; 
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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, 
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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; 
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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 
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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.’’. 
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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 
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•S 1021 RS 

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’’; 
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•S 1021 RS 

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)— 
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•S 1021 RS 

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 
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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’’. 
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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)— 
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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.’’. 
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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 
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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 

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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.’’; 
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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 
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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;’’. 
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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 
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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)— 
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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 

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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.’’; 
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•S 1021 RS 

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 RS 

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 RS 

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 

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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 

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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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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)— 
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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 

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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— 
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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 
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•S 1021 RS 

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; 
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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: 
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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 RS 

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 RS 

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 
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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 

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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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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’’. 
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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 RS 

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: 
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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 
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•S 1021 RS 

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 
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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 
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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 
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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)’’; 
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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 
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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 
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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 
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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. 
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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 
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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 
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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.’’. 
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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— 
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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 
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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 
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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. 
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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-
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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 
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•S 1021 RS 

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-
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•S 1021 RS 

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 
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•S 1021 RS 

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 
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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. 
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•S 1021 RS 

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 
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•S 1021 RS 

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. 
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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 
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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-
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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; 
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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 
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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 
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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. 
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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.’’; 
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•S 1021 RS 

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 
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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. 
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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 RS 

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: 
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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 RS 

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 RS 

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 RS 

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; 
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•S 1021 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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)’’; 
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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— 
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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)’’. 
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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-
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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. 

9 SECTION 1. SHORT TITLE. 

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

11 Act Amendments of 2005’’. 

12 SEC. 2. TABLE OF CONTENTS. 

13 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 

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. 
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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. 

Subtitle F—Incentive Grants 

Sec. 161. Incentive grants. 

Subtitle G—Conforming Amendments 

Sec. 171. Table of contents. 

Sec. 172. 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. 

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. 
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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. Rehabilitation Services Administration 

Sec. 405. Definitions. 

Sec. 406. Administration of the Act. 

Sec. 407. Reports. 

Sec. 408. 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. 

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. 
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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 of 

4 an amendment to, or repeal of, a section or other provision, 

5 the reference shall be considered to be made to a section or 

6 other provision of the Workforce Investment Act of 1998 (29 

7 U.S.C. 2801 et seq.). 
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1 TITLE I—AMENDMENTS TO 

2 TITLE I OF THE WORKFORCE 

3 INVESTMENT ACT OF 1998 

4 Subtitle A—Definitions 

5 SEC. 101. DEFINITIONS. 

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

7 (1) by redesignating paragraphs (1) through (4), 

8 (5) through (16), (17), (18) through (41), and (42) 

9 through (53) as paragraphs (2) through (5), (7) 

10 through (18), (20), (23) through (46), and (48) 

11 through (59), respectively; 

12 (2) by inserting before paragraph (2) (as redesig13 nated by paragraph (1)) the following: 

14 ‘‘(1) ACCRUED EXPENDITURES.—The term ‘ac15 crued expenditures’ means charges incurred by recipi16 ents of funds under this title for a given period re17 quiring the provision of funds for— 

18 ‘‘(A) goods or other tangible property re19 ceived; 

20 ‘‘(B) services performed by employees, con21 tractors, subgrantees, subcontractors, and other 

22 payees; and 

23 ‘‘(C) other amounts becoming owed under 

24 programs assisted under this title for which no 

25 current services or performance is required, such 
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•S 1021 RS 

1 as annuities, insurance claims, and other benefit 

2 payments.’’; 

3 (3) in paragraph (2) (as redesignated by para4 graph (1)), by striking ‘‘Except in sections 127 and 

5 132,’’ and inserting ‘‘Except in section 132,’’; 

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

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

8 ‘‘(5) BASIC SKILLS DEFICIENT.—The term ‘basic 

9 skills deficient’ means, with respect to an individual, 

10 that the individual— 

11 ‘‘(A) has English reading, writing, or com12 puting skills at or below the 8th grade level on 

13 a generally accepted standardized test or a com14 parable score on a criterion-referenced test; or 

15 ‘‘(B) is unable to compute or solve problems, 

16 read, write, or speak English at a level necessary 

17 to function on the job, in the individual’s family, 

18 or in society.’’; 

19 (5) by inserting after paragraph (5) (as redesig20 nated by paragraph (1)) the following: 

21 ‘‘(6) BUSINESS INTERMEDIARY.—The term ‘busi22 ness intermediary’ means an entity that brings to23 gether various stakeholders with an expertise in an 

24 industry or business sector.’’; 
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•S 1021 RS 

1 (6) in paragraph (9) (as redesignated by para2 graph (1)), by inserting ‘‘, including a faith-based or3 ganization,’’ after ‘‘nonprofit organization’’; 

4 (7) in paragraph (10) (as redesignated by para5 graph (1)), in subparagraph (C), by striking ‘‘for not 

6 less than 50 percent of the cost of the training.’’ and 

7 inserting ‘‘for— 

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

9 training as determined by the local board, 

10 taking into account the size of the employer 

11 and such other factors as the local board de12 termines to be appropriate; and 

13 ‘‘(ii) in the case of customized training 

14 (as defined in subparagraphs (A) and (B)) 

15 with an employer in multiple local areas in 

16 the State, a significant portion of the cost 

17 of the training, as determined by the Gov18 ernor, taking into account the size of the 

19 employer and such other factors as the Gov20 ernor determines to be appropriate.’’; 

21 (8) in paragraph (11) (as redesignated by para22 graph (1))— 

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

24 ‘‘section 134(c)’’ and inserting ‘‘section 121(e)’’; 
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1 (B) in subparagraph (C), by striking ‘‘or’’ 

2 after the semicolon; 

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

4 period and inserting ‘‘; or’’; and 

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

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

7 Armed Forces on active duty for a period of 

8 more than 30 days (as defined in section 

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

10 has experienced a loss of employment as a direct 

11 result of relocation to accommodate a permanent 

12 change in duty station of such member; or 

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

14 Armed Forces on active duty who meets the cri15 teria described in paragraph (12)(B).’’; 

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

17 paragraph (1))— 

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

19 and inserting ‘‘or’’; 

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

21 ‘‘(A)(i)’’; and 

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

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

24 the Armed Forces on active duty for a period of 

25 more than 30 days (as defined in section 
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•S 1021 RS 

1 101(d)(2) of title 10, United States Code) whose 

2 family income is significantly reduced because of 

3 a deployment (as defined in section 991(b) of 

4 title 10, United States Code, or pursuant to 

5 paragraph (4) of such section), a call or order to 

6 active duty pursuant to a provision of law re7 ferred to in section 101(a)(13)(B) of title 10, 

8 United States Code, a permanent change of sta9 tion, or the service-connected (as defined in sec10 tion 101(16) of title 38, United States Code) 

11 death or disability of the member; and’’; 

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

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

14 inserting ‘‘section 122’’; 

15 (11) by inserting after paragraph (18) (as redes16 ignated by paragraph (1)) the following: 

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

18 ‘hard-to-serve populations’ means populations of indi19 viduals who are hard to serve, including displaced 

20 homemakers, low-income individuals, Native Ameri21 cans, individuals with disabilities, older individuals, 

22 ex-offenders, homeless individuals, individuals with 

23 limited English proficiency, individuals who do not 

24 meet the definition of literacy in section 203, individ25 uals facing substantial cultural barriers, migrant and 
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1 seasonal farmworkers, individuals within 2 years of 

2 exhausting lifetime eligibility under part A of title IV 

3 of the Social Security Act (42 U.S.C. 601 et seq.), sin4 gle parents (including single pregnant women), and 

5 such other groups as the Governor determines to be 

6 hard to serve.’’; 

7 (12) by inserting after paragraph (20) (as redes8 ignated by paragraph (1)) the following: 

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

10 term ‘integrated training program’ means a program 

11 that combines occupational skills training with 

12 English language acquisition. 

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

14 The term ‘institution of higher education’ has the 

15 meaning given the term in section 101(a), and sub16 paragraphs (A) and (B) of section 102(a)(1), of the 

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

18 1002(a)(1)).’’; 

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

20 paragraph (1))— 

21 (A) by redesignating subparagraphs (D) 

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

23 respectively; and 

24 (B) by inserting after subparagraph (C) the 

25 following: 
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•S 1021 RS 

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

2 or reduced price lunch under the Richard B. 

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

4 1751 et seq.);’’; 

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

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

7 following: ‘‘, including occupations in computer 

8 science and technology and other emerging high-skill 

9 occupations,’’; 

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

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

12 121(b)(1)(C)’’ after ‘‘121(b)(1)’’; 

13 (16) by striking paragraph (38) (as redesignated 

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

15 ‘‘(38) OUT-OF-SCHOOL YOUTH.—The term ‘out16 of-school youth’ means an out-of-school youth as de17 fined in section 129(a)(1)(B).’’; 

18 (17) by inserting after paragraph (46) (as redes19 ignated by paragraph (1)) the following: 

20 ‘‘(47) SELF-SUFFICIENCY.—The term ‘self-suffi21 ciency’ means self-sufficiency within the meaning of 

22 subsections (a)(3)(A)(x) and (e)(1)(A)(xii) of section 

23 134.’’; 

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

25 paragraph (1)), by striking ‘‘clause (iii) or (v) of sec-
417 

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1 tion 136(b)(3)(A)’’ and inserting ‘‘section 

2 136(b)(3)(A)(iii)’’; 

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

4 paragraph (1)), by striking ‘‘(or as described in sec5 tion 129(c)(5))’’ and inserting ‘‘(or as described in 

6 section 129(a)(2))’’; and 

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

8 paragraph (1)), by striking ‘‘established under section 

9 117(h)’’ and inserting ‘‘that may be established under 

10 section 117(h)(2)’’. 

11 Subtitle B—Statewide and Local 

12 Workforce Investment Systems 

13 SEC. 111. PURPOSE. 

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

15 follows: 

16 ‘‘SEC. 106. PURPOSES. 

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

18 ‘‘(1)(A) Primarily, to provide workforce invest19 ment activities, through statewide and local workforce 

20 investment systems, that increase the employment, re21 tention, self-sufficiency, and earnings of participants, 

22 and increase occupational skill attainment by partici23 pants. 

24 ‘‘(B) As a result of the provision of the activities, 

25 to improve the quality of the workforce, reduce welfare 
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•S 1021 RS 

1 dependency, increase self-sufficiency, and enhance the 

2 productivity and competitiveness of the Nation. 

3 ‘‘(2) To enhance the workforce investment system 

4 of the Nation by strengthening one-stop centers, pro5 viding for more effective governance arrangements, 

6 promoting access to a more comprehensive array of 

7 employment and training and related services, estab8 lishing a targeted approach to serving youth, improv9 ing performance accountability, and promoting State 

10 and local flexibility. 

11 ‘‘(3) To provide workforce investment activities 

12 in a manner that promotes the informed choice of 

13 participants and actively involves participants in de14 cisions affecting their participation in such activities. 

15 ‘‘(4) To provide workforce investment systems 

16 that are demand-driven and responsive to the needs 

17 of all employers, including small employers. 

18 ‘‘(5) To provide workforce investment systems 

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

20 and rural areas. 

21 ‘‘(6) To allow flexibility to meet State, local, re22 gional, and individual workforce investment needs. 

23 ‘‘(7) To recognize and reinforce the vital link be24 tween economic development and workforce invest25 ment activities. 
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•S 1021 RS 

1 ‘‘(8) To provide for accurate data collection, re2 porting, and performance measures that are not un3 duly burdensome. 

4 ‘‘(9) To address the ongoing shortage of essential 

5 skills in the United States workforce related to both 

6 manufacturing and knowledge-based economies to en7 sure that the United States remains competitive in 

8 the global economy. 

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

10 contribute to lifelong education. 

11 ‘‘(11) To eliminate training disincentives for 

12 hard-to-serve populations and minority workers, in13 cluding effectively utilizing community programs, 

14 services, and agencies. 

15 ‘‘(12) To educate limited English proficient indi16 viduals about skills and language so the individuals 

17 are employable. 

18 ‘‘(13) To increase the employment, retention and 

19 earnings of individuals with disabilities.’’. 

20 SEC. 112. STATE WORKFORCE INVESTMENT BOARDS. 

21 (a) MEMBERSHIP.— 

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

23 2821(b)) is amended— 

24 (A) in paragraph (1), by striking subpara25 graph (C) and inserting the following: 
420 

•S 1021 RS 

1 ‘‘(C) representatives appointed by the Gov2 ernor, who— 

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

4 with responsibility for the programs and ac5 tivities that are described in section 121(b) 

6 and carried out by one-stop partners, except 

7 that— 

8 ‘‘(I) in any case in which no lead 

9 State agency official has responsibility 

10 for such a program or activity, the 

11 representative shall be a representative 

12 in the State with expertise relating to 

13 such program or activity; and 

14 ‘‘(II) in the case of the programs 

15 authorized under title I of the Reha16 bilitation Act of 1973 (29 U.S.C. 720 

17 et seq.), the representative shall be the 

18 director of the designated State unit, 

19 as defined in section 7 of the Rehabili20 tation Act of 1973 (29 U.S.C. 705); 

21 ‘‘(ii) are the State agency officials re22 sponsible for economic development; 

23 ‘‘(iii) are representatives of business in 

24 the State, including small businesses, who— 
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•S 1021 RS 

1 ‘‘(I) are owners of businesses, chief 

2 executive or operating officers of busi3 nesses, or other business executives or 

4 employers with optimum policymaking 

5 or hiring authority; 

6 ‘‘(II) represent businesses with 

7 employment opportunities that reflect 

8 employment opportunities in the State; 

9 and 

10 ‘‘(III) are appointed from among 

11 individuals nominated by State busi12 ness organizations, business trade asso13 ciations, and local boards; 

14 ‘‘(iv) are chief elected officials (rep15 resenting cities and counties, where appro16 priate); 

17 ‘‘(v) are representatives of labor orga18 nizations, who have been nominated by 

19 State labor federations; and 

20 ‘‘(vi) are such other State agency offi21 cials and other representatives as the Gov22 ernor may designate.’’; and 

23 (B) in paragraph (3), by striking ‘‘para24 graph (1)(C)(i)’’ and inserting ‘‘paragraph 

25 (1)(C)(iii)’’. 
422 

•S 1021 RS 

1 (2) CONFORMING AMENDMENT.—Section 111(c) 

2 (29 U.S.C. 2821(c)) is amended by striking ‘‘sub3 section (b)(1)(C)(i)’’ and inserting ‘‘subsection 

4 (b)(1)(C)(iii)’’. 

5 (b) FUNCTIONS.—Section 111(d) (29 U.S.C. 2821(d)) 

6 is amended— 

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

8 and inserting ‘‘development, implementation, and re9 vision’’; 

10 (2) in paragraph (2)— 

11 (A) by striking ‘‘section 134(c)’’ and insert12 ing ‘‘section 121(e)’’; and 

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

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

15 granting the authority for the State employment 

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

17 49 et seq.) to plan and coordinate employment 

18 and training activities with local boards’’; 

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

20 following: 

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

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

23 applicable, in order to provide effective strategic lead24 ership in the development of a high quality, com25 prehensive statewide workforce investment system, in-
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1 cluding commenting at least once annually on the 

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

3 Carl D. Perkins Vocational and Technical Education 

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

5 Act;’’; 

6 (4) by redesignating paragraphs (4) through (9) 

7 as paragraphs (5) through (10), respectively; 

8 (5) by inserting after paragraph (3) the fol9 lowing: 

10 ‘‘(4) development and review of statewide policies 

11 affecting the coordinated provision of services through 

12 the one-stop delivery system described in section 

13 121(e) within the State, including— 

14 ‘‘(A) the development of objective criteria 

15 and procedures for use by local boards in assess16 ing the effectiveness and continuous improvement 

17 of one-stop centers under section 121(g); 

18 ‘‘(B) the development of guidance for the al19 location of one-stop center infrastructure funds 

20 under section 121(h)(1)(B); 

21 ‘‘(C) the development of— 

22 ‘‘(i) statewide policies relating to the 

23 appropriate roles and contributions of one24 stop partner programs within the one-stop 

25 delivery system, including approaches to fa-
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1 cilitating equitable and efficient cost alloca2 tion in the one-stop delivery system; 

3 ‘‘(ii) statewide strategies for providing 

4 effective outreach to individuals, including 

5 hard-to-serve populations, and employers 

6 who could benefit from services provided 

7 through the one-stop delivery system; 

8 ‘‘(iii) strategies for technology improve9 ments to facilitate access to services pro10 vided through the one-stop delivery system, 

11 in remote areas, and for individuals with 

12 disabilities, which may be utilized through13 out the State; and 

14 ‘‘(iv) strategies for the effective coordi15 nation of activities between the one-stop de16 livery system of the State and the State em17 ployment service under the Wagner-Peyser 

18 Act (29 U.S.C. 49 et seq.); 

19 ‘‘(D) identification and dissemination of in20 formation on best practices for effective operation 

21 of one-stop centers, including use of innovative 

22 business outreach, partnerships, and service de23 livery strategies, including for hard-to-serve pop24 ulations; and 
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•S 1021 RS 

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

2 promote statewide objectives for, and enhance the 

3 performance of, the one-stop delivery system;’’; 

4 (6) in paragraph (5) (as redesignated by para5 graph (4)), by inserting ‘‘and the development of 

6 statewide criteria to be used by chief elected officials 

7 for the appointment of local boards consistent with 

8 section 117’’ after ‘‘section 116’’; 

9 (7) in paragraph (6) (as redesignated by para10 graph (4)), by striking ‘‘sections 128(b)(3)(B) and 

11 133(b)(3)(B)’’ and inserting ‘‘sections 128(b)(3) and 

12 133(b)(3)(B)’’; 

13 (8) in paragraph (9) (as redesignated by para14 graph (4))— 

15 (A) by striking ‘‘employment statistics sys16 tem’’ and inserting ‘‘workforce and labor market 

17 information system’’; and 

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

19 (9) in paragraph (10) (as redesignated by para20 graph (4))— 

21 (A) by inserting ‘‘section 136(i) and’’ before 

22 ‘‘section 503’’; and 

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

24 and’’; and 

25 (10) by adding at the end the following: 
426 

•S 1021 RS 

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 U.S.C. 

5 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 successfully, 

11 as defined in section 116(a)(2), the Secretary may re12 quire the State to establish a State board in accord13 ance with subsections (a), (b), and (c) in lieu of the 

14 alternative entity established under paragraph (1).’’. 

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

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

17 in action taken’’ after ‘‘vote’’. 

18 (e) SUNSHINE PROVISION.—Section 111(g) (29 U.S.C. 

19 2821(g)) is amended— 

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

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

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

23 State plan’’ after ‘‘the plan’’. 

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

25 U.S.C. 2821) is amended by adding at the end the following: 
427 

•S 1021 RS 

1 ‘‘(h) AUTHORITY TO HIRE STAFF.— 

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

3 staff to assist in carrying out the functions described 

4 in subsection (d) using funds allocated under sections 

5 127(b)(1)(C) and 132(b). 

6 ‘‘(2) LIMITATION ON RATE.—Funds appropriated 

7 under this title shall not be used to pay staff em8 ployed by the State board, either as a direct cost or 

9 through any proration as an indirect cost, at a rate 

10 in excess of the maximum rate payable for a position 

11 at GS–15 of the General Schedule as in effect on the 

12 date of enactment of the Workforce Investment Act 

13 Amendments of 2005.’’. 

14 SEC. 113. STATE PLAN. 

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

16 2822(a)) is amended— 

17 (1) by inserting ‘‘, or a State unified plan as de18 scribed in section 501,’’ before ‘‘that outlines’’; 

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

20 ‘‘4-year strategy’’; and 

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

22 end of the first 2-year period of the 4-year State plan, 

23 the State board shall review and, as needed, amend 

24 the 4-year State plan to reflect labor market and eco25 nomic conditions. In addition, the State shall submit 
428 

•S 1021 RS 

1 a modification to the State plan at the end of the first 

2 2-year period of the State plan, which may include 

3 redesignation of local areas pursuant to section 

4 116(a) and specification of the levels of performance 

5 under sections 136 for the third and fourth years of 

6 the plan.’’. 

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

8 amended— 

9 (1) in paragraph (8)(A)— 

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

11 the semicolon; and 

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

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

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

15 (relating to Federal old-age, survivors, and dis16 ability insurance benefits), title XVI of such Act 

17 (42 U.S.C. 1381 et seq.) (relating to supple18 mental security income), title XIX of such Act 

19 (42 U.S.C. 1396 et seq.) (relating to medicaid), 

20 and title XX of such Act (42 U.S.C. 1397 et seq.) 

21 (relating to block grants to States for social serv22 ices), programs authorized under title VII of the 

23 Rehabilitation Act of 1973 (29 U.S.C. 796 et 

24 seq.), and programs carried out by State agen-
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1 cies relating to mental retardation and develop2 mental disabilities; and’’; 

3 (2) by striking paragraph (10) and inserting the 

4 following: 

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

6 funds the State received under this subtitle to leverage 

7 other Federal, State, local, and private resources, in 

8 order to maximize the effectiveness of such resources, 

9 expand resources for the provision of education and 

10 training services, and expand the participation of 

11 businesses, employees, and individuals in the state12 wide workforce investment system, including a de13 scription of incentives and technical assistance the 

14 State will provide to local areas for such purposes;’’; 

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

16 128(b)(3)(B) and 133(b)(3)(B)’’ and inserting ‘‘sec17 tions 128(b)(3) and 133(b)(3)(B)’’; 

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

19 134(c)’’ and inserting ‘‘section 121(e)’’; 

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

21 116(a)(5)’’ and inserting ‘‘section 116(a)(4)’’; 

22 (6) in paragraph (17)— 

23 (A) in subparagraph (A)— 

24 (i) in clause (iii)— 
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•S 1021 RS 

1 (I) by inserting ‘‘local’’ before 

2 ‘‘customized training’’; and 

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

4 (ii) in clause (iv), by striking ‘‘(in5 cluding displaced homemakers),’’ and all 

6 that follows through ‘‘disabilities)’’ and in7 serting ‘‘, hard-to-serve populations, and in8 dividuals training for nontraditional em9 ployment’’; and 

10 (iii) by adding after clause (iv) the fol11 lowing: 

12 ‘‘(v) how the State will serve the em13 ployment and training needs of individuals 

14 with disabilities, consistent with section 188 

15 and Executive Order 13217 (42 U.S.C. 

16 12131 note; relating to community-based al17 ternatives for individuals with disabilities), 

18 including the provision of outreach, intake, 

19 the conduct of assessments, service delivery, 

20 the development of adjustments to perform21 ance measures established under section 

22 136, and the training of staff; and’’; and 

23 (B) in subparagraph (B), by striking ‘‘and’’ 

24 at the end; 

25 (7) in paragraph (18)(D)— 
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1 (A) by striking ‘‘youth opportunity grants 

2 under section 169’’ and inserting ‘‘youth chal3 lenge grants authorized under section 169 and 

4 other federally funded youth programs’’; and 

5 (B) by striking the period and inserting a 

6 semicolon; and 

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

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

9 technology to facilitate access to services in remote 

10 areas, which may be utilized throughout the State; 

11 ‘‘(20) a description of the State strategy for co12 ordinating workforce investment activities and eco13 nomic development activities, and promoting entre14 preneurial skills training and microenterprise serv15 ices; 

16 ‘‘(21) a description of the State strategy and as17 sistance to be provided for ensuring regional coopera18 tion within the State and across State borders as ap19 propriate; 

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

21 funds the State receives under this subtitle to— 

22 ‘‘(A) implement innovative programs and 

23 strategies designed to meet the needs of all busi24 nesses in the State, including small businesses, 

25 which may include incumbent worker training 
432 

•S 1021 RS 

1 programs, sectoral and industry cluster strate2 gies, regional skills alliances, career ladder pro3 grams, utilization of effective business inter4 mediaries, and other business services and strate5 gies that better engage employers in workforce 

6 investment activities and make the statewide 

7 workforce investment system more relevant to the 

8 needs of State and local businesses, consistent 

9 with the objectives of this title; and 

10 ‘‘(B) provide incentives and technical as11 sistance to assist local areas in more fully engag12 ing all employers, including small employers, in 

13 local workforce investment activities, to make the 

14 workforce investment system more relevant to the 

15 needs of area businesses, and to better coordinate 

16 workforce investment and economic development 

17 efforts to contribute to the economic well-being of 

18 the local area, as determined appropriate by the 

19 local board; 

20 ‘‘(23) a description of the State strategy— 

21 ‘‘(A) for ensuring cooperation between 

22 transportation providers, including public trans23 portation providers, and providers of workforce 

24 investment activities; and 
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•S 1021 RS 

1 ‘‘(B) for ensuring coordination among ap2 propriate State agencies and programs to make 

3 available skills training, employment services 

4 and opportunities, and career advancement ac5 tivities, that will assist ex-offenders in reentering 

6 the workforce; 

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

8 local areas in assuring physical and programmatic 

9 accessibility for individuals with disabilities at one10 stop centers; 

11 ‘‘(25) a description of the process and method12 ology that will be used by the State board to— 

13 ‘‘(A) review statewide policies and provide 

14 guidance on the coordinated provision of services 

15 through the one-stop delivery system described in 

16 section 121(e); 

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

18 elected officials and local boards, objective cri19 teria and procedures for use by local boards in 

20 periodically assessing the effectiveness, physical 

21 and programmatic accessibility, and continuous 

22 improvement of one-stop centers and the one-stop 

23 delivery system as described in section 121(g); 

24 and 

25 ‘‘(C) determine— 
434 

•S 1021 RS 

1 ‘‘(i) one-stop partner program con2 tributions for the costs of the infrastructure 

3 of one-stop centers under section 121(h)(2); 

4 and 

5 ‘‘(ii) the formula for allocating the 

6 funds described in section 121(h)(2) to local 

7 areas; 

8 ‘‘(26) a description of the State strategy for en9 suring that activities carried out under this title are 

10 placing men and women in jobs, education, or train11 ing that lead to comparable pay; and 

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

13 available to one-stop operators and providers of train14 ing services for strategies to serve hard-to-serve popu15 lations and promote placement in nontraditional em16 ployment.’’. 

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

18 U.S.C. 2822(d)) is amended— 

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

20 ‘‘4-year period’’; and 

21 (2) by adding at the end the following: ‘‘In addi22 tion, the State shall submit the modifications to the 

23 State plan required under subsection (a), under cir24 cumstances prescribed by the Secretary that are due 
435 

•S 1021 RS 

1 to changes in Federal law that significantly affect ele2 ments of the State plan.’’. 

3 SEC. 114. LOCAL WORKFORCE INVESTMENT AREAS. 

4 (a) DESIGNATION OF AREAS.— 

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

6 U.S.C. 2831(a)(1)) is amended— 

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

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

9 ‘‘paragraphs (2) and (3)’’; and 

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

11 end the following: 

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

13 areas will promote maximum effectiveness 

14 in the administration and provision of serv15 ices.’’. 

16 (2) AUTOMATIC DESIGNATION.—Section 

17 116(a)(2) (29 U.S.C. 2831(a)(2)) is amended to read 

18 as follows: 

19 ‘‘(2) AUTOMATIC DESIGNATION.— 

20 ‘‘(A) IN GENERAL.—The Governor shall ap21 prove a request for designation as a local area 

22 that is submitted prior to the submission of the 

23 State plan, or of a modification to the State 

24 plan relating to area designation, from any area 

25 that— 
436 

•S 1021 RS 

1 ‘‘(i) is a unit of general local govern2 ment with a population of 500,000 or more, 

3 except that after the initial 2-year period 

4 following such designation pursuant to this 

5 clause that occurs after the date of enact6 ment of the Workforce Investment Act 

7 Amendments of 2005, the Governor shall 

8 only be required to approve a request for 

9 designation from such area if such area— 

10 ‘‘(I) performed successfully; and 

11 ‘‘(II) sustained fiscal integrity; 

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

13 for the preceding 2-year period, if such local 

14 area— 

15 ‘‘(I) performed successfully; and 

16 ‘‘(II) sustained fiscal integrity; 

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

18 employment program grant recipient, ex19 cept that after the initial 2-year period fol20 lowing any such designation under the ini21 tial State plan submitted after the date of 

22 enactment of the Workforce Investment Act 

23 Amendments of 2005, the Governor shall 

24 only be required to approve a request for 
437 

•S 1021 RS 

1 designation under this clause for such area 

2 if such area— 

3 ‘‘(I) performed successfully; and 

4 ‘‘(II) sustained fiscal integrity; or 

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

6 116(a)(2)(C) (as in effect on the day before 

7 the date of enactment of the Workforce In8 vestment Act Amendments of 2005), except 

9 that after the initial 2-year period following 

10 such designation pursuant to this clause 

11 that occurs after that date of enactment, the 

12 Governor shall only be required to approve 

13 a request for designation under this clause 

14 for such area if such area— 

15 ‘‘(I) performed successfully; and 

16 ‘‘(II) sustained fiscal integrity. 

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

18 paragraph: 

19 ‘‘(i) PERFORMED SUCCESSFULLY.—The 

20 term ‘performed successfully’, when used 

21 with respect to a local area, means the local 

22 area performed at 80 percent or more of the 

23 adjusted level of performance for core indi24 cators of performance described in section 

25 136(b)(2)(A) for 2 consecutive years. 
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•S 1021 RS 

1 ‘‘(ii) SUSTAINED FISCAL INTEGRITY.— 

2 The term ‘sustained fiscal integrity’, used 

3 with respect to an area, means that the Sec4 retary has not made a formal determination 

5 during the preceding 2-year period that ei6 ther the grant recipient or the administra7 tive entity of the area misexpended funds 

8 provided under this title due to willful dis9 regard of the requirements of the Act in10 volved, gross negligence, or failure to comply 

11 with accepted standards of administra12 tion.’’. 

13 (3) CONFORMING AMENDMENTS.—Section 116(a) 

14 (29 U.S.C. 2831(a)) is amended— 

15 (A) by striking paragraph (3); 

16 (B) by redesignating paragraphs (4) and 

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

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

19 subparagraph (B))— 

20 (i) by striking ‘‘(including temporary 

21 designation)’’; and 

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

23 ‘‘(vi)’’; and 

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

25 subparagraph (B))— 
439 

•S 1021 RS 

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

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

3 (2)’’; and 

4 (ii) by striking the second sentence. 

5 (b) SINGLE LOCAL AREA STATES.—Section 116(b) (29 

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

7 ‘‘(b) SINGLE LOCAL AREA STATES.— 

8 ‘‘(1) CONTINUATION OF PREVIOUS DESIGNA9 TION.—Notwithstanding subsection (a)(2), the Gov10 ernor of any State that was a single local area for 

11 purposes of this title as of July 1, 2004, may continue 

12 to designate the State as a single local area for pur13 poses of this title if the Governor identifies the State 

14 as a local area in the State plan under section 

15 112(b)(5). 

16 ‘‘(2) REDESIGNATION.—The Governor of a State 

17 not described in paragraph (1) may designate the 

18 State as a single local area if, prior to the submission 

19 of the State plan or modification to such plan so des20 ignating the State, no local area meeting the require21 ments for automatic designation under subsection 

22 (a)(2) requests such designation as a separate local 

23 area. 

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

25 which a State is designated as a local area pursuant 
440 

•S 1021 RS 

1 to this subsection, the local plan prepared under sec2 tion 118 for the area shall be submitted to the Sec3 retary for approval as part of the State plan under 

4 section 112.’’. 

5 (c) REGIONAL PLANNING.—Section 116(c) (29 U.S.C. 

6 2831(c)) is amended— 

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

8 following: 

9 ‘‘(1) PLANNING.— 

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

11 for developing the State plan, a State may re12 quire regional planning by local boards for a 

13 designated region in the State. The State may 

14 require the local boards for a designated region 

15 to participate in a regional planning process 

16 that results in the establishment of regional per17 formance measures for workforce investment ac18 tivities authorized under this subtitle. The State, 

19 after consultation with local boards and chief 

20 elected officials, may require the local boards for 

21 the designated region to prepare, submit, and ob22 tain approval of a single regional plan that in23 corporates local plans for each of the local areas 

24 in the region, as required under section 118. The 

25 State may award regional incentive grants to 
441 

•S 1021 RS 

1 the designated regions that meet or exceed the re2 gional performance measures pursuant to section 

3 134(a)(2)(B)(iii). 

4 ‘‘(B) TECHNICAL ASSISTANCE.—If the State 

5 requires regional planning as provided in sub6 paragraph (A), the State shall provide technical 

7 assistance and labor market information to such 

8 local areas in the designated regions to assist 

9 with such regional planning and subsequent 

10 service delivery efforts.’’; 

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

12 about the skill requirements of existing and emerging 

13 industries and industry clusters,’’ after ‘‘information 

14 about employment opportunities and trends,’’; and 

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

16 following: ‘‘Such services may be required to be co17 ordinated with regional economic development serv18 ices and strategies.’’. 

19 SEC. 115. LOCAL WORKFORCE INVESTMENT BOARDS. 

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

21 2832(b)) is amended— 

22 (1) in paragraph (2)(A)— 

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

24 and inserting the following: 
442 

•S 1021 RS 

1 ‘‘(II) collectively, represent busi2 nesses with employment opportunities 

3 that reflect the employment opportuni4 ties of the local area, and include rep5 resentatives of businesses that are in 

6 high-growth and emerging industries, 

7 and representatives of businesses, in8 cluding small businesses, in the local 

9 area; and’’; 

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

11 following: 

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

13 the local school districts involved or another 

14 high-level official from such districts; 

15 ‘‘(II) the president or highest ranking 

16 official of an institution of higher education 

17 participating in the workforce investment 

18 activities in the local area; and 

19 ‘‘(III) an administrator of local enti20 ties providing adult education and literacy 

21 activities in the local area;’’; 

22 (C) in clause (iv), by inserting ‘‘, hard-to23 serve populations,’’ after ‘‘disabilities’’; 

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

25 end; and 
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•S 1021 RS 

1 (E) by striking clause (vi) and inserting the 

2 following: 

3 ‘‘(vi) a representative from the State 

4 employment service under the Wagner5 Peyser Act (29 U.S.C. 49 et seq.) who is 

6 serving the local area; and 

7 ‘‘(vii) if the local board does not estab8 lish or continue a youth council, representa9 tives with experience serving out-of-school 

10 youth, particularly out-of-school youth fac11 ing barriers to employment; and’’; and 

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

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

14 multiple school districts or institutions of higher edu15 cation serving a local area, the representatives de16 scribed in subclause (I) or (II) of paragraph 

17 (2)(A)(ii), respectively, shall be appointed from 

18 among individuals nominated by regional or local 

19 educational agencies, institutions, or organizations 

20 representing such agencies or institutions.’’. 

21 (b) AUTHORITY OF BOARD MEMBERS.—Section 

22 117(b)(3) (29 U.S.C. 2832(b)(3)) is amended— 

23 (1) in the heading, by inserting ‘‘AND REP24 RESENTATION’’ after ‘‘AUTHORITY’’; and 
444 

•S 1021 RS 

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

2 members of the board shall represent diverse geo3 graphic sections within the local area.’’. 

4 (c) CONFORMING AMENDMENT.—Section 117(c)(1)(C) 

5 (29 U.S.C. 2832(c)(1)(C)) is amended by striking ‘‘section 

6 116(a)(2)(B)’’ and inserting ‘‘section 116(a)(2)(A)(ii)’’. 

7 (d) FUNCTIONS.—Section 117(d) (29 U.S.C. 2832(d)) 

8 is amended— 

9 (1) in paragraph (1), insert after ‘‘Governor’’ the 

10 following: ‘‘, and shall develop jointly with the head 

11 of the State employment service under the Wagner12 Peyser Act (29 U.S.C. 49 et seq.) appropriate compo13 nents of such plan to maximize coordination, improve 

14 service delivery, and avoid duplication of services’’; 

15 (2) in paragraph (2)— 

16 (A) in subparagraph (B)— 

17 (i) by inserting ‘‘(except as provided in 

18 section 123(b))’’ after ‘‘basis’’; and 

19 (ii) by inserting ‘‘(where appropriate)’’ 

20 after ‘‘youth council’’; and 

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

22 ‘‘(E) CONSUMER CHOICE REQUIREMENTS.— 

23 Consistent with sections 122 and paragraphs (3) 

24 and (4) of 134(d), the local board shall work to 

25 ensure there are sufficient providers of intensive 
445 

•S 1021 RS 

1 services and training services serving the local 

2 area in a manner that maximizes consumer 

3 choice, including providers with expertise in as4 sisting individuals with disabilities.’’; 

5 (3) in paragraph (3)(B), by striking clause (ii) 

6 and inserting the following: 

7 ‘‘(ii) STAFF.— 

8 ‘‘(I) IN GENERAL.—The local 

9 board may hire staff. 

10 ‘‘(II) LIMITATION ON RATE.— 

11 Funds appropriated under this title 

12 shall not be used to pay staff employed 

13 by the local board, either as a direct 

14 cost or through any proration as an 

15 indirect cost, at a rate in excess of the 

16 maximum rate payable for a position 

17 at GS–15 of the General Schedule, as 

18 in effect on the date of enactment of the 

19 Workforce Investment Act Amendments 

20 of 2005.’’; 

21 (4) in paragraph (4), by inserting ‘‘, and shall 

22 ensure the appropriate use and management of the 

23 funds provided under this subtitle for such programs, 

24 activities, and system’’ after ‘‘area’’; 

25 (5) in paragraph (6)— 
446 

•S 1021 RS 

1 (A) by striking ‘‘EMPLOYMENT STATISTICS

2 SYSTEM’’ and inserting ‘‘WORKFORCE AND

3 LABOR MARKET INFORMATION SYSTEM’’; and 

4 (B) by striking ‘‘employment statistics sys5 tem’’ and inserting ‘‘workforce and labor market 

6 information system’’; 

7 (6) in paragraph (8)— 

8 (A) by inserting ‘‘, including small employ9 ers,’’ after ‘‘private sector employers’’; and 

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

11 taking into account the unique needs of small 

12 businesses.’’; and 

13 (7) by adding at the end the following: 

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

15 board shall develop strategies for technology improve16 ments to facilitate access to services, in remote areas, 

17 for services authorized under this subtitle and carried 

18 out in the local area.’’. 

19 (e) CONFORMING AMENDMENT.—Section 117(f)(2) (29 

20 U.S.C. 2832(f)(2)) is amended by striking ‘‘described in sec21 tion 134(c)’’. 

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

23 U.S.C. 2832(g)(1)) is amended by inserting ‘‘or participate 

24 in action taken’’ after ‘‘vote’’. 
447 

•S 1021 RS 

1 (g) AUTHORITY TO ESTABLISH COUNCILS AND ELIMI2 NATION OF REQUIREMENT FOR YOUTH COUNCILS.—Section 

3 117(h) (29 U.S.C. 2832(h)) is amended to read as follows: 

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

5 continue councils to provide information and advice to as6 sist the local board in carrying out activities under this 

7 title. Such councils may include— 

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

9 advise the local board on the operation of the one-stop 

10 delivery system involved; 

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

12 stakeholders in youth programs to advise the local 

13 board on youth activities; and 

14 ‘‘(3) such other councils as the local board deter15 mines are appropriate.’’. 

16 (h) ALTERNATIVE ENTITY PROVISION.—Section 

17 117(i)(1) (29 U.S.C. 2832(i)(1)) is amended— 

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

19 by striking ‘‘and paragraphs (1) and (2) of subsection 

20 (h),’’; 

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

22 the following: 

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

24 pursuant to State law; and’’; 

25 (3) by striking subparagraph (C); and 
448 

•S 1021 RS 

1 (4) by redesignating subparagraph (D) as sub2 paragraph (C). 

3 SEC. 116. LOCAL PLAN. 

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

5 2833(a)) is amended— 

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

7 and 

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

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

10 local board shall review and, as needed, amend the 4- 

11 year plan to reflect labor market and economic condi12 tions.’’. 

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

14 amended— 

15 (1) in paragraph (2)— 

16 (A) in subparagraph (A), by striking ‘‘and’’ 

17 after the semicolon; 

18 (B) by striking subparagraph (B) and in19 serting the following: 

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

21 will facilitate access to services provided through 

22 the one-stop delivery system involved, in remote 

23 areas, including facilitating access through the 

24 use of technology; and’’; and 

25 (C) by adding at the end the following: 
449 

•S 1021 RS 

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

2 will ensure physical and programmatic accessi3 bility for individuals with disabilities at one4 stop centers;’’; 

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

6 inserting a semicolon; 

7 (3) by redesignating paragraph (10) as para8 graph (16); and 

9 (4) by inserting after paragraph (9) the fol10 lowing: 

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

12 coordinate workforce investment activities carried out 

13 in the local area with economic development activities 

14 carried out in the local area, and promote entrepre15 neurial skills training and microenterprise services; 

16 ‘‘(11) a description of the strategies and services 

17 that will be initiated in the local area to more fully 

18 engage all employers, including small employers, in 

19 workforce investment activities, to make the workforce 

20 investment system more relevant to the needs of area 

21 businesses, and to better coordinate workforce invest22 ment and economic development efforts, which may 

23 include the implementation of innovative initiatives 

24 such as incumbent worker training programs, sectoral 

25 and industry cluster strategies, regional skills alliance 
450 

•S 1021 RS 

1 initiatives, career ladder programs, utilization of ef2 fective business intermediaries, and other business 

3 services and strategies designed to meet the needs of 

4 area employers and contribute to the economic well5 being of the local area, as determined appropriate by 

6 the local board, consistent with the objectives of this 

7 title; 

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

9 expand access to education and training services for 

10 eligible individuals who are in need of such services 

11 through— 

12 ‘‘(A) the utilization of programs funded 

13 under this title; and 

14 ‘‘(B) the increased leveraging of resources 

15 other than those provided under this title, in16 cluding tax credits, private sector-provided 

17 training, and other Federal, State, local, and 

18 private funds that are brokered through the one19 stop centers for training services; 

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

21 coordinate workforce investment activities carried out 

22 in the local area with the provision of transportation, 

23 including public transportation, in the local area; 

24 ‘‘(14) a description of plans for, assurances con25 cerning, and strategies for maximizing coordination 
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1 of services provided by the State employment service 

2 under the Wagner-Peyser Act (29 U.S.C. 49 et seq.) 

3 and services provided in the local area through the 

4 one-stop delivery system described in section 121(e), 

5 to improve service delivery and avoid duplication of 

6 services; 

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

8 coordinate workforce investment activities carried out 

9 in the local area with other Federal, State, and local 

10 area education, job training, and economic develop11 ment programs and activities; and’’. 

12 SEC. 117. ESTABLISHMENT OF ONE-STOP DELIVERY SYS13 TEMS. 

14 (a) ONE-STOP PARTNERS.— 

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

16 (29 U.S.C. 2841(b)(1)) is amended— 

17 (A) by striking subparagraph (A) and in18 serting the following: 

19 ‘‘(A) ROLES AND RESPONSIBILITIES OF

20 ONE-STOP PARTNERS.—Each entity that carries 

21 out a program or activities described in subpara22 graph (B) shall— 

23 ‘‘(i) provide access through the one-stop 

24 delivery system to the programs and activi25 ties carried out by the entity, including 
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1 making the core services described in section 

2 134(d)(2) that are applicable to the pro3 gram of the entity available at the one-stop 

4 centers (in addition to any other appro5 priate locations); 

6 ‘‘(ii) use a portion of the funds avail7 able to the program of the entity to main8 tain the one-stop delivery system, including 

9 payment of the infrastructure costs of one10 stop centers in accordance with subsection 

11 (h); 

12 ‘‘(iii) enter into a local memorandum 

13 of understanding with the local board relat14 ing to the operation of the one-stop system 

15 that meets the requirements of subsection 

16 (c); 

17 ‘‘(iv) participate in the operation of 

18 the one-stop system consistent with the 

19 terms of the memorandum of under20 standing, the requirements of this title, and 

21 the requirements of the Federal laws author22 izing the programs carried out by the enti23 ty; and 
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1 ‘‘(v) provide representation on the 

2 State board to the extent provided under 

3 section 111.’’; 

4 (B) in subparagraph (B)— 

5 (i) by striking clause (v); 

6 (ii) by redesignating clauses (vi) 

7 through (xii) as clauses (v) through (xi), re8 spectively; 

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

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

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

12 clause (ii)), by striking the period and in13 serting ‘‘; and’’; and 

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

15 ‘‘(xii) programs authorized under part 

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

17 U.S.C. 601 et seq.), subject to subparagraph 

18 (C).’’; and 

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

20 ‘‘(C) DETERMINATION BY THE GOVERNOR.— 

21 ‘‘(i) IN GENERAL.—An entity that car22 ries out programs referred to in subpara23 graph (B)(xii) shall be included in the one24 stop partners for the local area, as a re25 quired partner, for purposes of this title un-
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1 less the Governor of the State provides the 

2 notification described in clause (ii). 

3 ‘‘(ii) NOTIFICATION.—The notification 

4 referred to in clause (i) is a notification 

5 that— 

6 ‘‘(I) is made in writing of a deter7 mination by the Governor not to in8 clude such entity in the one-stop part9 ners described in clause (i); and 

10 ‘‘(II) is provided to the Secretary 

11 and the Secretary of Health and 

12 Human Services.’’. 

13 (2) ADDITIONAL PARTNERS.— 

14 (A) IN GENERAL.—Section 121(b)(2)(A) (29 

15 U.S.C. 2841(b)(2)(A)) is amended to read as fol16 lows: 

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

18 the local board and chief elected official, in addi19 tion to the entities described in paragraph (1), 

20 other entities that carry out human resource pro21 grams described in subparagraph (B) may be 

22 one-stop partners and carry out the responsibil23 ities described in paragraph (1)(A).’’. 

24 (B) ADDITIONAL PARTNERS.—Section 

25 121(b)(2)(B) (29 U.S.C. 2841(b)(2)(B)) is 
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•S 1021 RS 

1 amended by striking clauses (i) through (iii) and 

2 inserting the following: 

3 ‘‘(i) employment and training pro4 grams administered by the Social Security 

5 Administration, including the Ticket to 

6 Work and Self-Sufficiency program estab7 lished under section 1148 of the Social Se8 curity Act (42 U.S.C. 1320b–19); 

9 ‘‘(ii) employment and training pro10 grams carried out by the Small Business 

11 Administration; 

12 ‘‘(iii) programs authorized under sec13 tion 6(d)(4) of the Food Stamp Act of 1977 

14 (7 U.S.C. 2015(d)(4));’’. 

15 (b) LOCAL MEMORANDUM OF UNDERSTANDING.—Sec16 tion 121(c)(2)(A) (29 U.S.C. 2841(c)(2)(A)) is amended to 

17 read as follows: 

18 ‘‘(A) provisions describing— 

19 ‘‘(i) the services to be provided through 

20 the one-stop delivery system consistent with 

21 the requirements of this section, including 

22 the manner in which the services will be co23 ordinated through such system; 

24 ‘‘(ii) how the costs of such services and 

25 the operating costs of such system will be 
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•S 1021 RS 

1 funded, through cash and in-kind contribu2 tions, to provide a stable and equitable 

3 funding stream for ongoing one-stop system 

4 operations, including the funding of the in5 frastructure costs of one-stop centers in ac6 cordance with subsection (h); 

7 ‘‘(iii) methods of referral of individuals 

8 between the one-stop operator and the one9 stop partners for appropriate services and 

10 activities; 

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

12 hard-to-serve populations are addressed in 

13 providing access to services through the one14 stop system; and 

15 ‘‘(v) the duration of the memorandum 

16 of understanding and the procedures for 

17 amending the memorandum during the 

18 term of the memorandum, and assurances 

19 that such memorandum shall be reviewed 

20 not less than once every 2-year period to en21 sure appropriate funding and delivery of 

22 services; and’’. 

23 (c) CONFORMING AMENDMENT.—Section 121(d)(2) (29 

24 U.S.C. 2841(d)(2)) is amended by striking ‘‘section 134(c)’’ 

25 and inserting ‘‘section 121(e)’’. 
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•S 1021 RS 

1 (d) PROVISION OF SERVICES.— 

2 (1) ELIMINATION OF PROVISIONS CONCERNING

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

4 2841) is amended by striking subsection (e). 

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

6 amended— 

7 (A) in section 134 (29 U.S.C. 2864), by re8 designating subsection (c) as subsection (e); and 

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

10 that the subsection appears after subsection (d) 

11 of section 121. 

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

13 (1) of section 121(e) (29 U.S.C. 2841(e)) (as redesig14 nated by paragraph (2)) is amended— 

15 (A) in subparagraph (A), by striking ‘‘sub16 section (d)(2)’’ and inserting ‘‘section 

17 134(d)(2)’’; 

18 (B) in subparagraph (B)— 

19 (i) by striking ‘‘subsection (d)’’ and in20 serting ‘‘section 134(d)’’; 

21 (ii) by striking ‘‘individual training 

22 accounts’’ and inserting ‘‘career scholarship 

23 accounts’’; and 

24 (iii) by striking ‘‘subsection (d)(4)(G)’’ 

25 and inserting ‘‘section 134(d)(4)(G)’’; 
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•S 1021 RS 

1 (C) in subparagraph (C), by striking ‘‘sub2 section (e)’’ and inserting ‘‘section 134(e)’’; 

3 (D) in subparagraph (D), by striking ‘‘sec4 tion 121(b)’’ and inserting ‘‘subsection (b)’’; and 

5 (E) in subparagraph (E), by striking ‘‘in6 formation described in section 15’’ and inserting 

7 ‘‘data, information, and analysis described in 

8 section 15(a)’’. 

9 (e) CONTINUOUS IMPROVEMENT OF ONE-STOP CEN10 TERS.—Section 121 (29 U.S.C. 2841) is amended by add11 ing at the end the following: 

12 ‘‘(g) CONTINUOUS IMPROVEMENT OF ONE-STOP CEN13 TERS.— 

14 ‘‘(1) IN GENERAL.—The State board, in con15 sultation with chief local elected officials and local 

16 boards, shall establish objective criteria and proce17 dures for use by local boards in periodically assessing 

18 the effectiveness, physical and programmatic accessi19 bility, and continuous improvement of one-stop cen20 ters and the one-stop delivery system. 

21 ‘‘(2) CRITERIA.—The procedures and criteria de22 veloped under this subsection shall include minimum 

23 standards relating to the scope and degree of service 

24 coordination achieved by the one-stop delivery system 

25 with respect to the programs administered by the one- 
459 

•S 1021 RS 

1 stop partners at the one-stop centers, consistent with 

2 the guidelines and guidance provided by the Governor 

3 and by the State board, in consultation with the chief 

4 elected official and local boards, for such partners’ 

5 participation under subsections (h)(1)(B) and sub6 section (i), respectively, and such other factors relat7 ing to the quality, accessibility, and effectiveness of 

8 the one-stop delivery system as the State board deter9 mines to be appropriate. 

10 ‘‘(3) LOCAL BOARDS.—Consistent with the cri11 teria developed by the State, the local board may de12 velop additional criteria of higher standards to re13 spond to local labor market and demographic condi14 tions and trends. 

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

16 ‘‘(1) IN GENERAL.— 

17 ‘‘(A) OPTIONS FOR INFRASTRUCTURE FUND18 ING.— 

19 ‘‘(i) LOCAL OPTIONS.—The local board, 

20 chief elected officials, and one-stop partners 

21 in a local area may choose to fund the costs 

22 of the infrastructure of one-stop centers 

23 through— 

24 ‘‘(I) methods described in the local 

25 memorandum of understanding, if, the 
460 

•S 1021 RS 

1 local board, chief elected officials, and 

2 one-stop partners agree to such meth3 ods; or 

4 ‘‘(II) the State infrastructure 

5 funding mechanism described in para6 graph (2). 

7 ‘‘(ii) FAILURE TO REACH AGREEMENT

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

9 2006, the local board, chief elected officials, 

10 and one-stop partners in a local area fail to 

11 reach agreement on methods of sufficient 

12 funding of the infrastructure costs of one13 stop centers, as determined by the local 

14 area, the State infrastructure funding mech15 anism described in paragraph (2) shall be 

16 applicable to such local area. 

17 ‘‘(B) GUIDANCE FOR INFRASTRUCTURE

18 FUNDING.—In addition to carrying out the re19 quirements relating to the State mechanism for 

20 one-stop center infrastructure funding described 

21 in paragraph (2), the Governor, after consulta22 tion with chief local elected officials, local boards, 

23 and the State board, and consistent with the 

24 guidelines provided by the State board under 

25 subsection (i), shall provide— 
461 

•S 1021 RS 

1 ‘‘(i) guidelines for State administered 

2 one-stop partner programs in determining 

3 such programs’ contributions to and par4 ticipation in the one-stop delivery system, 

5 including funding for the costs of infra6 structure as defined in paragraph (2)(D), 

7 negotiated pursuant to the local memo8 randum of understanding under subsection 

9 (c); and 

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

11 identifying equitable and stable alternative 

12 methods of funding of the costs of the infra13 structure of one-stop centers in local areas. 

14 ‘‘(2) STATE ONE-STOP INFRASTRUCTURE FUND15 ING.— 

16 ‘‘(A) PARTNER CONTRIBUTIONS.— 

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

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

19 of the Federal funds provided to the State 

20 and areas within the State under the Fed21 eral laws authorizing the programs de22 scribed in subsection (b)(1) and adminis23 tered by one-stop partners for a fiscal year 

24 shall be provided to the Governor from such 

25 programs to assist in paying the costs of in-
462 

•S 1021 RS 

1 frastructure of one-stop centers in those 

2 local areas of the State not funded under 

3 the option described in paragraph 

4 (1)(A)(i)(I). 

5 ‘‘(ii) DETERMINATION OF GOV6 ERNOR.— 

7 ‘‘(I) IN GENERAL.—Subject to 

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

9 Governor, after consultation with chief 

10 local elected officials, local boards, and 

11 the State board, shall determine the 

12 portion of funds to be provided under 

13 clause (i) by each one-stop partner 

14 from each program described in clause 

15 (i). In making such determination, the 

16 Governor shall calculate the propor17 tionate use of the one-stop centers for 

18 the purpose of determining funding 

19 contributions pursuant to clause (i)(II) 

20 or (ii) of paragraph (1)(A) by each 

21 partner, and the costs of administra22 tion for purposes not related to one23 stop centers for each partner. The Gov24 ernor shall exclude from such deter25 mination the portion of funds and use 
463 

•S 1021 RS 

1 of one-stop centers attributable to the 

2 programs of one-stop partners for those 

3 local areas of the State where the infra4 structure of one-stop centers is funded 

5 under the option described in para6 graph (1)(A)(i)(I). 

7 ‘‘(II) SPECIAL RULE.—In a State 

8 in which the State constitution places 

9 policymaking authority that is inde10 pendent of the authority of the Gov11 ernor in an entity or official with re12 spect to the funds provided for adult 

13 education and literacy activities au14 thorized under title II and for postsec15 ondary vocational and technical edu16 cation activities authorized under the 

17 Carl D. Perkins Vocational and Tech18 nical Education Act of 1998 (20 

19 U.S.C. 2301 et seq.), or vocational re20 habilitation services offered under the 

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

22 701 et seq.), the determination de23 scribed in subclause (I) with respect to 

24 the programs authorized under that 

25 title and those Acts shall be made by 
464 

•S 1021 RS 

1 the chief officer of the entity with such 

2 authority in consultation with the 

3 Governor. 

4 ‘‘(III) APPEAL BY ONE-STOP

5 PARTNERS.—The Governor shall estab6 lish a procedure for the one-stop part7 ner administering a program described 

8 in subsection (b) to appeal a deter9 mination regarding the portion of 

10 funds to be contributed under this 

11 paragraph on the basis that such deter12 mination is inconsistent with the cri13 teria described in the State plan or 

14 with the requirements of this para15 graph. Such procedure shall ensure 

16 prompt resolution of the appeal. 

17 ‘‘(iii) LIMITATIONS.— 

18 ‘‘(I) PROVISION FROM ADMINIS19 TRATIVE FUNDS.—The funds provided 

20 under this paragraph by each one-stop 

21 partner shall be provided only from 

22 funds available for the costs of admin23 istration under the program adminis24 tered by such partner, and shall be 

25 subject to the program limitations with 
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•S 1021 RS 

1 respect to the portion of funds under 

2 such program that may be used for ad3 ministration. 

4 ‘‘(II) CAP ON REQUIRED CON5 TRIBUTIONS.— 

6 ‘‘(aa) WIA FORMULA PRO7 GRAMS AND EMPLOYMENT SERV8 ICE.—The portion of funds re9 quired to be contributed under 

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

11 (1)(A) by the programs authorized 

12 under chapters 4 and 5 and under 

13 the Wagner-Peyser Act (29 U.S.C. 

14 49 et seq.) shall not be in excess of 

15 3 percent of the amount of Fed16 eral funds provided to carry out 

17 each such program in the State 

18 for a fiscal year. 

19 ‘‘(bb) OTHER ONE-STOP

20 PARTNERS.—The portion of funds 

21 required to be contributed under 

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

23 (1)(A) by a one-stop partner from 

24 a program described in subsection 

25 (b)(1) other than the programs de-
466 

•S 1021 RS 

1 scribed under item (aa) shall not 

be in excess of 11 2 ⁄2 percent of the 

3 amount of Federal funds provided 

4 to carry out such program in the 

5 State for a fiscal year. 

6 ‘‘(cc) SPECIAL RULE.—Not7 withstanding items (aa) and (bb), 

8 an agreement, including a local 

9 memorandum of understanding, 

10 entered into prior to the date of 

11 enactment of the Workforce Invest12 ment Act Amendments of 2005 by 

13 an entity regarding contributions 

14 under this title that permits the 

15 percentages described in such 

16 items to be exceeded, may con17 tinue to be in effect until termi18 nated by the parties. 

19 ‘‘(dd) VOCATIONAL REHA20 BILITATION.—Notwithstanding 

21 items (aa) and (bb), an entity ad22 ministering a program under title 

23 I of the Rehabilitation Act of 1973 

24 (29 U.S.C. 720 et seq.) shall not 

25 be required to provide, for the 
467 

•S 1021 RS 

1 purposes of this paragraph, an 

2 amount in excess of— 

3 ‘‘(AA) 0.75 percent of 

4 the amount provided for such 

5 program in the State for the 

6 second program year that be7 gins after the date of enact8 ment of the Workforce Invest9 ment Act Amendments of 

10 2005; 

11 ‘‘(BB) 1.0 percent of the 

12 amount provided for such 

13 program in the State for the 

14 third program year that be15 gins after such date; 

16 ‘‘(CC) 1.25 percent of 

17 the amount provided for such 

18 program in the State for the 

19 fourth program year that be20 gins after such date; and 

21 ‘‘(DD) 1.5 percent of the 

22 amount provided for such 

23 program in the State for the 

24 fifth and each succeeding 
468 

•S 1021 RS 

1 program year that begins 

2 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 1985 

9 (2 U.S.C. 900(c)(8)) shall not be re10 quired to provide, for purposes of this 

11 paragraph, an amount in excess of the 

12 amount determined to be equivalent to 

13 the cost of the proportionate use of the 

14 one-stop centers for such program in 

15 the State. 

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

18 established under section 166 shall not 

19 be subject to the provisions of this sub20 section or subsection (i). The method 

21 for determining the appropriate por22 tion of funds to be provided by such 

23 Native American programs to pay for 

24 the costs of infrastructure of a one-stop 

25 center shall be determined as part of 
469 

•S 1021 RS 

1 the development of the memorandum of 

2 understanding under subsection (c) for 

3 the one-stop center and shall be stated 

4 in the memorandum. 

5 ‘‘(B) ALLOCATION BY GOVERNOR.—From 

6 the funds provided under subparagraph (A), the 

7 Governor shall allocate the funds to local areas 

8 in accordance with the formula established under 

9 subparagraph (C) for the purposes of assisting in 

10 paying the costs of infrastructure of one-stop cen11 ters. 

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

13 board shall develop a formula to be used by the 

14 Governor to allocate the funds provided under 

15 subparagraph (A) to local areas not funding in16 frastructure costs under the option described in 

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

18 based on factors including the number of one19 stop centers in a local area, the population 

20 served by such centers, the services provided by 

21 such centers, and other factors relating to the 

22 performance of such centers that the State board 

23 determines are appropriate. 

24 ‘‘(D) COSTS OF INFRASTRUCTURE.—In this 

25 subsection, the term ‘costs of infrastructure’, used 
470 

•S 1021 RS 

1 with respect to a one-stop center, means the non2 personnel costs that are necessary for the general 

3 operation of the one-stop center, including the 

4 rental costs of the facilities, the costs of utilities 

5 and maintenance, equipment (including assess6 ment-related products and adaptive technology 

7 for individuals with disabilities), and technology 

8 to facilitate remote access to the one-stop center’s 

9 strategic planning activities, and common out10 reach activities. 

11 ‘‘(i) OTHER FUNDS.— 

12 ‘‘(1) IN GENERAL.—Subject to the memorandum 

13 of understanding described in subsection (c) for the 

14 one-stop delivery system involved, in addition to the 

15 funds provided to carry out subsection (h), a portion 

16 of funds made available under Federal law author17 izing the programs described in subsection (b) and 

18 administered by one-stop partners, or the noncash re19 sources available under such programs, shall be used 

20 to pay the additional costs relating to the operation 

21 of the one-stop delivery system that are not paid from 

22 the funds provided under subsection (h), as deter23 mined in accordance with paragraph (2), to the ex24 tent not inconsistent with the Federal law involved. 

25 Such costs shall include the costs of the provision of 
471 

•S 1021 RS 

1 core services described in section 134(d)(2) applicable 

2 to each program and may include common costs that 

3 are not paid from the funds provided under sub4 section (h). 

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

6 method for determining the appropriate portion of 

7 funds and noncash resources to be provided by each 

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

9 shall be determined as part of the development of the 

10 memorandum of understanding under subsection (c) 

11 for the one-stop center and shall be stated in the 

12 memorandum. The State board shall provide guidance 

13 to facilitate the determination of an appropriate allo14 cation of the funds and noncash resources in local 

15 areas.’’. 

16 SEC. 118. ELIGIBLE PROVIDERS OF TRAINING SERVICES. 

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

18 follows: 

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

20 TRAINING SERVICES. 

21 ‘‘(a) ELIGIBILITY.— 

22 ‘‘(1) IN GENERAL.—The Governor, after con23 sultation with the State board, shall establish criteria 

24 and procedures regarding the eligibility of providers 

25 of training services described in section 134(d)(4) (re-
472 

•S 1021 RS 

1 ferred to in this section as ‘training services’) to re2 ceive funds provided under section 133(b) for the pro3 vision of training services. 

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

5 this section, to be eligible to receive the funds provided 

6 under section 133(b) for the provision of training 

7 services, the provider shall be— 

8 ‘‘(A) a postsecondary educational institu9 tion that— 

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

11 under title IV of the Higher Education Act 

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

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

14 an associate degree, baccalaureate degree, or 

15 industry-recognized certification; 

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

17 under the Act of August 16, 1937 (commonly 

18 known as the ‘National Apprenticeship Act’; 50 

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

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

21 a program of training services. 

22 ‘‘(3) INCLUSION IN LIST OF ELIGIBLE PRO23 VIDERS.—A provider described in subparagraph (A) 

24 or (C) of paragraph (2) shall comply with the criteria 

25 and procedures established under this section to be in-
473 

•S 1021 RS 

1 cluded on the list of eligible providers of training 

2 services described in subsection (d)(1). A provider de3 scribed in paragraph (2)(B) shall be included on the 

4 list of eligible providers of training services described 

5 in subsection (d)(1) for so long as the provider re6 mains certified by the Department of Labor to carry 

7 out the programs described in paragraph (2)(B). 

8 ‘‘(b) CRITERIA.— 

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

10 the Governor pursuant to subsection (a) shall take 

11 into account— 

12 ‘‘(A) the performance of providers of train13 ing services with respect to the performance 

14 measures and other matters for which informa15 tion is required under paragraph (2) and other 

16 appropriate measures of performance outcomes 

17 for those participants receiving training services 

18 under this subtitle (taking into consideration the 

19 characteristics of the population served and rel20 evant economic conditions); 

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

22 services throughout the State, including any 

23 rural areas; 

24 ‘‘(C) the information such providers are re25 quired to report to State agencies with respect to 
474 

•S 1021 RS 

1 Federal and State programs (other than the pro2 gram carried out under this subtitle), including 

3 one-stop partner programs; 

4 ‘‘(D) the requirements for State licensing of 

5 providers of training services, and the licensing 

6 status of each provider of training services if ap7 plicable; 

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

9 the use of industry-recognized standards and cer10 tification; 

11 ‘‘(F) the ability of the providers to offer pro12 grams that lead to a degree or an industry-recog13 nized certification; 

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

15 to hard-to-serve populations, including individ16 uals with disabilities; and 

17 ‘‘(H) such other factors as the Governor de18 termines are appropriate to ensure— 

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

20 ‘‘(ii) the accountability of the pro21 viders; 

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

23 State will ensure that such providers meet 

24 the needs of local employers and partici25 pants; 
475 

•S 1021 RS 

1 ‘‘(iv) the informed choice of partici2 pants under chapter 5; and 

3 ‘‘(v) that the collection of information 

4 required is not unduly burdensome or costly 

5 to providers. 

6 ‘‘(2) INFORMATION.—The criteria established by 

7 the Governor shall require that a provider of training 

8 services submit appropriate, accurate, and timely in9 formation to the State for purposes of carrying out 

10 subsection (d), with respect to participants receiving 

11 training services under this subtitle in the applicable 

12 program, including— 

13 ‘‘(A) information on degrees and industry14 recognized certifications received by such partici15 pants; 

16 ‘‘(B) information on costs of attendance for 

17 such participants; 

18 ‘‘(C) information on the program comple19 tion rate for such participants; and 

20 ‘‘(D) information on the performance of the 

21 provider with respect to the performance meas22 ures described in section 136 for such partici23 pants (taking into consideration the characteris24 tics of the population served and relevant eco25 nomic conditions), which may include informa-
476 

•S 1021 RS 

1 tion specifying the percentage of such partici2 pants who entered unsubsidized employment in 

3 an occupation related to the program. 

4 ‘‘(3) RENEWAL.—The criteria established by the 

5 Governor shall also provide for biennial review and 

6 renewal of eligibility under this section for providers 

7 of training services. 

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

9 State may establish criteria in addition to the cri10 teria established by the Governor, or may require 

11 higher levels of performance than required under the 

12 criteria established by the Governor, for purposes of 

13 determining the eligibility of providers of training 

14 services to receive funds described in subsection (a) to 

15 provide the services in the local area involved. 

16 ‘‘(5) INFORMATION TO ESTABLISH INITIAL ELIGI17 BILITY.— 

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

19 the highest-quality training services and respon20 siveness to new and emerging industries, pro21 viders may seek initial eligibility under this sec22 tion as providers of training services. The cri23 teria established by the Governor shall require 

24 that a provider who has not previously been an 

25 eligible provider of training services under this 
477 

•S 1021 RS 

1 section provide the information described in sub2 paragraph (B). 

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

4 provide verifiable program-specific performance 

5 information supporting the provider’s ability to 

6 serve participants under this subtitle. The infor7 mation provided under this subparagraph may 

8 include information on outcome measures such 

9 as job placement and wage increases for individ10 uals participating in the program, information 

11 on business partnerships and other factors that 

12 indicate high-quality training services, and in13 formation on alignment with industries targeted 

14 for potential employment opportunities. 

15 ‘‘(C) PROVISION.—The provider shall pro16 vide the information described in subparagraph 

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

18 manner that will permit the Governor and the 

19 local boards to make a decision on inclusion of 

20 the provider on the list of eligible providers de21 scribed in subsection (d). 

22 ‘‘(c) PROCEDURES.—The procedures established under 

23 subsection (a) shall identify the application process for a 

24 provider of training services to become eligible to receive 

25 funds provided under section 133(b) for the provision of 
478 

•S 1021 RS 

1 training services, and identify the respective roles of the 

2 State and local areas in receiving and reviewing the appli3 cations and in making determinations of such eligibility 

4 based on the criteria established under this section. The pro5 cedures shall also establish a process for a provider of train6 ing services to appeal a denial or termination of eligibility 

7 under this section, that includes an opportunity for a hear8 ing and prescribes appropriate time limits to ensure 

9 prompt resolution of the appeal. 

10 ‘‘(d) INFORMATION TO ASSIST PARTICIPANTS IN

11 CHOOSING PROVIDERS.—In order to facilitate and assist 

12 participants in choosing employment and training activi13 ties under chapter 5 and in choosing providers of training 

14 services, the Governor shall ensure that an appropriate list 

15 of providers determined to be eligible under this section in 

16 the State, accompanied by appropriate information, is pro17 vided to the one-stop delivery system in the State. The ac18 companying information shall consist of information pro19 vided by providers described in subparagraphs (A) and (C) 

20 of subsection (a)(2) in accordance with subsection (b) (in21 cluding information on receipt of degrees and industry-rec22 ognized certifications, and costs of attendance, for partici23 pants receiving training services under this subtitle in ap24 plicable programs) and such other information as the Sec25 retary determines is appropriate. The list and the accom-
479 

•S 1021 RS 

1 panying information shall be made available to such par2 ticipants and to members of the public through the one-stop 

3 delivery system in the State. 

4 ‘‘(e) ENFORCEMENT.— 

5 ‘‘(1) IN GENERAL.—The criteria and procedures 

6 established under this section shall provide the fol7 lowing: 

8 ‘‘(A) INTENTIONALLY SUPPLYING INAC9 CURATE INFORMATION.—Upon a determination, 

10 by an individual or entity specified in the cri11 teria or procedures, that a provider of training 

12 services, or individual providing information on 

13 behalf of the provider, intentionally supplied in14 accurate information under this section, the eli15 gibility of such provider to receive funds under 

16 chapter 5 shall be terminated for a period of 

17 time that is not less than 2 years. 

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

19 determination, by an individual or entity speci20 fied in the criteria or procedures, that a provider 

21 of training services substantially violated any re22 quirement under this title, the eligibility of such 

23 provider to receive funds under the program in24 volved may be terminated, or other appropriate 

25 action may be taken. 
480 

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

2 services whose eligibility is terminated under 

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

4 repayment of funds received under chapter 5 

5 during a period of noncompliance described in 

6 such subparagraph. 

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

8 construed to provide remedies and penalties that sup9 plement, but do not supplant, other civil and crimi10 nal remedies and penalties. 

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

12 may enter into agreements, on a reciprocal basis, to permit 

13 eligible providers of training services to accept career schol14 arship accounts provided in another State. 

15 ‘‘(g) OPPORTUNITY TO SUBMIT COMMENTS.—In estab16 lishing criteria, procedures, requirements for information, 

17 and the list of eligible providers described in subsection 

18 (d)(1), the Governor shall provide an opportunity for inter19 ested members of the public to make recommendations and 

20 submit comments regarding such criteria, procedures, re21 quirements for information, and list. 

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

23 The requirements of this section shall be implemented not 

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

25 implementation of this section, the Governor may establish 
481 

•S 1021 RS 

1 transition procedures under which providers eligible to pro2 vide training services under chapter 5 as such chapter was 

3 in effect on the day before the date of enactment of the Work4 force Investment Act Amendments of 2005 may continue to 

5 be eligible to provide such services until December 31, 2006, 

6 or until such earlier date as the Governor determines to be 

7 appropriate. 

8 ‘‘(i) ON-THE-JOB TRAINING, CUSTOMIZED TRAINING, 

9 OR INCUMBENT WORKER TRAINING EXCEPTION.— 

10 ‘‘(1) IN GENERAL.—Providers of on-the-job train11 ing, customized training, or incumbent worker train12 ing shall not be subject to the requirements of sub13 sections (a) through (h). 

14 ‘‘(2) COLLECTION AND DISSEMINATION OF INFOR15 MATION.—A one-stop operator in a local area shall 

16 collect such performance information from providers 

17 of on-the-job training, customized training, and in18 cumbent worker training as the Governor may re19 quire, determine whether the providers meet such per20 formance criteria as the Governor may require, and 

21 disseminate information identifying providers that 

22 meet the criteria as eligible providers, and the per23 formance information, through the one-stop delivery 

24 system. Providers determined to meet the criteria 
482 

•S 1021 RS 

1 shall be considered to be identified as eligible pro2 viders of training services.’’. 

3 SEC. 119. ELIGIBLE PROVIDERS OF YOUTH ACTIVITIES. 

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

5 follows: 

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

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

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

9 shall award grants or contracts on a competitive basis to 

10 providers of youth activities identified based on the criteria 

11 in the State plan described in section 112 and shall conduct 

12 oversight with respect to such providers. 

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

14 or contracts on a sole-source basis if such board determines 

15 there is an insufficient number of eligible providers of youth 

16 activities in the local area involved (such as a rural area) 

17 for grants and contracts to be awarded on a competitive 

18 basis under subsection (a).’’. 

19 SEC. 120. YOUTH ACTIVITIES. 

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

21 2852) is amended— 

22 (1) in subsection (a)(1), by striking ‘‘oppor23 tunity’’ and inserting ‘‘challenge’’; and 

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

25 following: 
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•S 1021 RS 

1 ‘‘(b) ALLOTMENT AMONG STATES.— 

2 ‘‘(1) YOUTH ACTIVITIES.— 

3 ‘‘(A) YOUTH CHALLENGE GRANTS AND

4 YOUTH ACTIVITIES FOR FARMWORKERS AND NA5 TIVE AMERICANS.— 

6 ‘‘(i) IN GENERAL.—For each fiscal 

7 year in which the amount appropriated 

8 under section 137(a) exceeds 

9 $1,000,000,000, the Secretary shall reserve a 

10 portion of the amount to provide youth ac11 tivities under section 167 (relating to mi12 grant and seasonal farmworker programs) 

13 and provide youth challenge grants and 

14 other activities under section 169 (relating 

15 to youth challenge grants). 

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

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

18 year— 

19 ‘‘(I) except as provided in sub20 clause (II), the difference obtained by 

21 subtracting $1,000,000,000 from the 

22 amount appropriated under section 

23 137(a) for the fiscal year; or 
484 

•S 1021 RS 

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

2 the amount is $1,250,000,000 or great3 er, $250,000,000. 

4 ‘‘(iii) YOUTH ACTIVITIES FOR FARM5 WORKERS.—For a fiscal year described in 

6 clause (i), the Secretary shall reserve the 

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

8 portion described in clause (i) for a fiscal 

9 year to provide youth activities under sec10 tion 167. For a fiscal year not described in 

11 clause (i), the Secretary shall reserve 

12 $10,000,000 of the amount appropriated 

13 under section 137(a) to provide youth ac14 tivities under section 167. 

15 ‘‘(iv) YOUTH ACTIVITIES FOR NATIVE

16 AMERICANS.—From the amount appro17 priated under section 137(a) for each fiscal 

18 year that is not reserved under clause (i) or 

19 (iii), the Secretary shall reserve not more 

than 11 20 ⁄2 percent of such appropriated 

21 amount to provide youth activities under 

22 section 166 (relating to Native Americans). 

23 ‘‘(B) OUTLYING AREAS.— 

24 ‘‘(i) IN GENERAL.—From the amount 

25 appropriated under section 137(a) for each 
485 

•S 1021 RS 

1 fiscal year that is not reserved under sub2 paragraph (A), the Secretary shall reserve 

not more than 1 3 ⁄4 of 1 percent of the appro4 priated amount to provide assistance to the 

5 outlying areas to carry out youth activities 

6 and statewide workforce investment activi7 ties. 

8 ‘‘(ii) LIMITATION FOR FREELY ASSOCI9 ATED STATES.— 

10 ‘‘(I) COMPETITIVE GRANTS.—The 

11 Secretary shall use funds described in 

12 clause (i) to award grants to Guam, 

13 American Samoa, the Commonwealth 

14 of the Northern Mariana Islands, and 

15 the Freely Associated States to carry 

16 out youth activities and statewide 

17 workforce investment activities. 

18 ‘‘(II) AWARD BASIS.—The Sec19 retary shall award grants pursuant to 

20 subclause (I) on a competitive basis 

21 and pursuant to the recommendations 

22 of experts in the field of employment 

23 and training, working through the Pa24 cific Region Educational Laboratory 

25 in Honolulu, Hawaii. 
486 

•S 1021 RS 

1 ‘‘(III) ASSISTANCE REQUIRE2 MENTS.—Any Freely Associated State 

3 that desires to receive assistance under 

4 this subparagraph shall submit an ap5 plication to the Secretary and shall in6 clude in the application for assist7 ance— 

8 ‘‘(aa) information dem9 onstrating that the Freely Associ10 ated State will meet all conditions 

11 that apply to States under this 

12 title; 

13 ‘‘(bb) an assurance that, not14 withstanding any other provision 

15 of this title, the Freely Associated 

16 State will use such assistance only 

17 for the direct provision of services; 

18 and 

19 ‘‘(cc) such other information 

20 and assurances as the Secretary 

21 may require. 

22 ‘‘(IV) ADMINISTRATIVE COSTS.— 

23 The Secretary may provide not more 

24 than 5 percent of the funds made 

25 available for grants under subclause (I) 
487 

•S 1021 RS 

1 to pay the administrative costs of the 

2 Pacific Region Educational Labora3 tory in Honolulu, Hawaii, regarding 

4 activities assisted under this clause. 

5 ‘‘(iii) ADDITIONAL REQUIREMENT.— 

6 The provisions of Public Law 95–134, per7 mitting the consolidation of grants by the 

8 outlying areas, shall not apply to assistance 

9 provided to those areas, including the Free10 ly Associated States, under this subpara11 graph. 

12 ‘‘(C) STATES.— 

13 ‘‘(i) IN GENERAL.—From the remain14 der of the amount appropriated under sec15 tion 137(a) for a fiscal year that exists after 

16 the Secretary determines the amounts to be 

17 reserved under subparagraphs (A) and (B), 

18 the Secretary shall allot to the States— 

19 ‘‘(I) an amount of the remainder 

20 that is less than or equal to the total 

21 amount that was allotted to States for 

22 fiscal year 2005 under section 

23 127(b)(1)(C) of this Act (as in effect on 

24 the day before the date of enactment of 

25 the Workforce Investment Act Amend-
488 

•S 1021 RS 

1 ments of 2005), in accordance with the 

2 requirements of such section 

3 127(b)(1)(C); and 

4 ‘‘(II) the amount of the remain5 der, if any, in excess of the amount re6 ferred to in subclause (I), in accord7 ance with clause (ii). 

8 ‘‘(ii) FORMULA.—Subject to clauses 

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

10 clause (i)(II)— 

‘‘(I) 331 11 ⁄3 percent shall be allotted 

12 on the basis of the relative number of 

13 individuals in the civilian labor force 

14 who are ages 16 through 21 in each 

15 State, compared to the total number of 

16 individuals in the civilian labor force 

17 who are ages 16 through 21 in all 

18 States; 

‘‘(II) 331 19 ⁄3 percent shall be allot20 ted on the basis of the relative number 

21 of unemployed individuals in each 

22 State, compared to the total number of 

23 unemployed individuals in all States; 

24 and 
489 

•S 1021 RS 

‘‘(III) 331 1 ⁄3 percent shall be allot2 ted on the basis of the relative number 

3 of disadvantaged youth who are ages 

4 16 through 21 in each State, compared 

5 to the total number of disadvantaged 

6 youth who are ages 16 through 21 in 

7 all States. 

8 ‘‘(iii) MINIMUM AND MAXIMUM PER9 CENTAGES.— 

10 ‘‘(I) MINIMUM PERCENTAGE.—The 

11 Secretary shall ensure that no State 

12 shall receive an allotment percentage 

13 under this subparagraph for a fiscal 

14 year that is less than 90 percent of the 

15 allotment percentage of the State for 

16 the preceding fiscal year. 

17 ‘‘(II) MAXIMUM PERCENTAGE.— 

18 Subject to subclause (I), the Secretary 

19 shall ensure that no State shall receive 

20 an allotment percentage under this 

21 subparagraph for a fiscal year that is 

22 more than 130 percent of the allotment 

23 percentage of the State for the pre24 ceding fiscal year. 
490 

•S 1021 RS 

1 ‘‘(iv) SMALL STATE MINIMUM ALLOT2 MENT.—Subject to clause (iii), the Sec3 retary shall ensure that no State shall re4 ceive an allotment under this subparagraph 

5 that is less than the total of— 

‘‘(I) 3 6 ⁄10 of 1 percent of 

7 $1,000,000,000 of the remainder de8 scribed in clause (i) for the fiscal year; 

9 and 

10 ‘‘(II) if the remainder described 

11 in clause (i) for the fiscal year exceeds 

$1,000,000,000, 2 12 ⁄5 of 1 percent of the 

13 excess. 

14 ‘‘(2) DEFINITIONS.—For the purposes of para15 graph (1): 

16 ‘‘(A) ALLOTMENT PERCENTAGE.—The term 

17 ‘allotment percentage’, used with respect to fiscal 

18 year 2006 or a subsequent fiscal year, means a 

19 percentage of the remainder described in para20 graph (1)(C)(i) that is received by the State in21 volved through an allotment made under this 

22 subsection for the fiscal year. The term, used 

23 with respect to fiscal year 2005, means the per24 centage of the amounts allotted to States under 

25 this chapter (as in effect on the day before the 
491 

•S 1021 RS 

1 date of enactment of the Workforce Investment 

2 Act Amendments of 2005) that is received by the 

3 State involved for fiscal year 2005. 

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

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

6 means an individual who is age 16 through 21 

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

8 family that received a total family income, that, 

9 in relation to family size, does not exceed the 

10 higher of— 

11 ‘‘(i) the poverty line; or 

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

13 standard income level. 

14 ‘‘(C) FREELY ASSOCIATED STATE.—The 

15 term ‘Freely Associated State’ means the Repub16 lic of the Marshall Islands, the Federated States 

17 of Micronesia, and the Republic of Palau. 

18 ‘‘(3) SPECIAL RULE.—For purposes of the for19 mula specified in paragraph (1)(C), the Secretary 

20 shall, as appropriate and to the extent practicable, ex21 clude college students and members of the Armed 

22 Forces from the determination of the number of dis23 advantaged youth.’’. 

24 (b) REALLOTMENT.— 
492 

•S 1021 RS 

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

2 2852(c)) is amended— 

3 (A) by striking paragraph (2) and inserting 

4 the following: 

5 ‘‘(2) AMOUNT.—The amount available for real6 lotment for a program year is equal to the amount 

7 by which the unexpended balance at the end of the 

8 program year prior to the program year for which the 

9 determination is made exceeds 30 percent of the total 

10 amount of funds available to the State under this sec11 tion during such prior program year (including 

12 amounts allotted to the State in all prior program 

13 years that remained available). For purposes of this 

14 paragraph, the unexpended balance is the amount 

15 that is the difference between— 

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

17 the State under this section during the program 

18 year prior to the program year for which the de19 termination is made (including amounts allotted 

20 to the State in all prior program years that re21 mained available); and 

22 ‘‘(B) the accrued expenditures during such 

23 prior program year.’’; 

24 (B) in paragraph (3)— 
493 

•S 1021 RS 

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

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

3 for which the determination is made’’; and 

4 (ii) by striking ‘‘such prior program 

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

6 (C) by striking paragraph (4) and inserting 

7 the following: 

8 ‘‘(4) ELIGIBILITY.—For purposes of this sub9 section, an eligible State means a State that does not 

10 have an amount available for reallotment under para11 graph (2) for the program year for which the deter12 mination under paragraph (2) is made.’’; and 

13 (D) in paragraph (5), by striking ‘‘obliga14 tion’’ and inserting ‘‘accrued expenditure’’. 

15 (2) EFFECTIVE DATE.—The amendment made by 

16 paragraph (1) shall take effect for the program year 

17 that begins after the date of enactment of this Act. 

18 (c) WITHIN STATE ALLOCATIONS.— 

19 (1) RESERVATION FOR STATEWIDE ACTIVITIES.— 

20 Section 128(a) (29 U.S.C. 2853(a)) is amended to 

21 read as follows: 

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

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

24 shall reserve not more than 15 percent of each of the 

25 amounts allotted to the State under section 
494 

•S 1021 RS 

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

2 section 132(b) for a fiscal year for statewide workforce 

3 investment activities. 

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

5 reserved amounts were allotted under section 

6 127(b)(1)(C), or under paragraph (1)(B) or (2)(B) of 

7 section 132(b), the Governor may use the reserved 

8 amounts to carry out statewide activities under sec9 tion 129(b) or statewide employment and training ac10 tivities, for adults or dislocated workers, under section 

11 134(a).’’. 

12 (2) WITHIN STATE ALLOCATION.—Section 128(b) 

13 (29 U.S.C. 2853(b)) is amended to read as follows: 

14 ‘‘(b) WITHIN STATE ALLOCATIONS.— 

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

16 State under section 127(b)(1)(C) and not reserved 

17 under subsection (a)(1)— 

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

19 percent of such amount shall be allocated by the 

20 Governor to local areas in accordance with para21 graph (2); and 

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

23 percent of such amount may be allocated by the 

24 Governor to local areas in accordance with para25 graph (3). 
495 

•S 1021 RS 

1 ‘‘(2) ESTABLISHED FORMULA.— 

2 ‘‘(A) IN GENERAL.—Of the portion de3 scribed in paragraph (1)(A), the Governor shall 

4 allocate— 

‘‘(i) 331 5 ⁄3 percent on the basis of the 

6 relative number of individuals in the civil7 ian labor force who are ages 16 through 21 

8 in each local area, compared to the total 

9 number of individuals in the civilian labor 

10 force who are ages 16 through 21 in all 

11 local areas in the State; 

‘‘(ii) 331 12 ⁄3 percent on the basis of the 

13 relative number of unemployed individuals 

14 in each local area, compared to the total 

15 number of unemployed individuals in all 

16 local areas in the State; and 

‘‘(iii) 331 17 ⁄3 percent on the basis of the 

18 relative number of disadvantaged youth who 

19 are ages 16 through 21 in each local area, 

20 compared to the total number of disadvan21 taged youth who are ages 16 through 21 in 

22 all local areas in the State. 

23 ‘‘(B) MINIMUM AND MAXIMUM PERCENT24 AGES.— 
496 

•S 1021 RS 

1 ‘‘(i) MINIMUM PERCENTAGE.—The 

2 Governor shall ensure that no local area 

3 shall receive an allocation percentage under 

4 this paragraph for a fiscal year that is less 

5 than 90 percent of the allocation percentage 

6 of the local area for the preceding fiscal 

7 year. 

8 ‘‘(ii) MAXIMUM PERCENTAGE.—Subject 

9 to clause (i), the Governor shall ensure that 

10 no local area shall receive an allocation per11 centage under this paragraph for a fiscal 

12 year that is more than 130 percent of the 

13 allocation percentage of the local area for 

14 the preceding fiscal year. 

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

16 ‘‘(i) ALLOCATION PERCENTAGE.—The 

17 term ‘allocation percentage’, used with re18 spect to fiscal year 2006 or a subsequent fis19 cal year, means a percentage of the portion 

20 described in paragraph (1)(A) that is re21 ceived by the local area involved through an 

22 allocation made under this paragraph for 

23 the fiscal year. The term, used with respect 

24 to fiscal year 2005, means the percentage of 

25 the amounts allocated to local areas under 
497 

•S 1021 RS 

1 this chapter (as in effect on the day before 

2 the date of enactment of the Workforce In3 vestment Act Amendments of 2005) that is 

4 received by the local area involved for fiscal 

5 year 2005. 

6 ‘‘(ii) DISADVANTAGED YOUTH.—The 

7 term ‘disadvantaged youth’ means an indi8 vidual who— 

9 ‘‘(I) is age 16 through 21; 

10 ‘‘(II) is not a college student or 

11 member of the Armed Forces; and 

12 ‘‘(III) received an income, or is a 

13 member of a family that received a 

14 total family income, that, in relation 

15 to family size, does not exceed the high16 er of— 

17 ‘‘(aa) the poverty line; or 

18 ‘‘(bb) 70 percent of the lower 

19 living standard income level. 

20 ‘‘(3) YOUTH DISCRETIONARY ALLOCATION.—The 

21 Governor may allocate the portion described in para22 graph (1)(B) to local areas where there are a signifi23 cant number of eligible youth, after consultation with 

24 the State board and local boards. 

25 ‘‘(4) LOCAL ADMINISTRATIVE COST LIMIT.— 
498 

•S 1021 RS 

1 ‘‘(A) IN GENERAL.—Of the amount allo2 cated to a local area under this subsection and 

3 section 133(b) for a fiscal year, not more than 10 

4 percent of the amount may be used by the local 

5 board involved for the administrative costs of 

6 carrying out local workforce investment activities 

7 under this chapter or chapter 5. 

8 ‘‘(B) USE OF FUNDS.—Funds made avail9 able for administrative costs under subparagraph 

10 (A) may be used for the administrative costs of 

11 any of the local workforce investment activities 

12 described in this chapter or chapter 5, regardless 

13 of whether the funds were allocated under this 

14 subsection or section 133(b).’’. 

15 (3) REALLOCATION.— 

16 (A) AMENDMENT.—Section 128(c) (29 

17 U.S.C. 2853(c)) is amended— 

18 (i) in paragraph (1), by striking 

19 ‘‘paragraph (2)(A) or (3) of’’; 

20 (ii) by striking paragraph (2) and in21 serting the following: 

22 ‘‘(2) AMOUNT.—The amount available for re23 allocation for a program year is equal to the amount 

24 by which the unexpended balance at the end of the 

25 program year prior to the program year for which the 
499 

•S 1021 RS 

1 determination is made exceeds 30 percent of the total 

2 amount of funds available to the local area under this 

3 section during such prior program year (including 

4 amounts allocated to the local area in all prior pro5 gram years that remained available). For purposes of 

6 this paragraph, the unexpended balance is the 

7 amount that is the difference between— 

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

9 the local area under this section during the pro10 gram year prior to the program year for which 

11 the determination is made (including amounts 

12 allocated to the local area in all prior program 

13 years that remained available); and 

14 ‘‘(B) the accrued expenditures during such 

15 prior program year.’’; 

16 (iii) by amending paragraph (3)— 

17 (I) by striking ‘‘subsection (b)(3)’’ 

18 each place it appears and inserting 

19 ‘‘subsection (b)’’; 

20 (II) by striking ‘‘for the prior 

21 program year’’ the first place it ap22 pears and inserting ‘‘for the program 

23 year for which the determination is 

24 made’’; 
500 

•S 1021 RS 

1 (III) by striking ‘‘such prior pro2 gram year’’ and inserting ‘‘such pro3 gram year’’; and 

4 (IV) by striking the last sentence; 

5 and 

6 (iv) by striking paragraph (4) and in7 serting the following: 

8 ‘‘(4) ELIGIBILITY.—For purposes of this sub9 section, an eligible local area means a local area that 

10 does not have an amount available for reallocation 

11 under paragraph (2) for the program year for which 

12 the determination under paragraph (2) is made.’’. 

13 (B) EFFECTIVE DATE.—The amendments 

14 made by subparagraph (A) shall take effect for 

15 the later of— 

16 (i) the program year that begins after 

17 the date of enactment of this Act; or 

18 (ii) program year 2006. 

19 (d) YOUTH PARTICIPANT ELIGIBILITY.—Section 

20 129(a) (29 U.S.C. 2854(a)) is amended to read as follows: 

21 ‘‘(a) YOUTH PARTICIPANT ELIGIBILITY.— 

22 ‘‘(1) ELIGIBILITY.— 

23 ‘‘(A) IN GENERAL.—To be eligible to par24 ticipate in activities carried out under this chap25 ter during any program year an individual 
501 

•S 1021 RS 

1 shall, at the time the eligibility determination is 

2 made, be an out-of-school youth or an in-school 

3 youth. 

4 ‘‘(B) OUT-OF-SCHOOL YOUTH.—In this title 

5 the term ‘out-of-school youth’ means an indi6 vidual who is— 

7 ‘‘(i) not younger than age 16 nor older 

8 than age 21; and 

9 ‘‘(ii) one of the following: 

10 ‘‘(I) A school dropout. 

11 ‘‘(II) A youth who is within the 

12 age for compulsory school attendance, 

13 but has not attended school for at least 

14 1 school year calendar quarter. 

15 ‘‘(III) A recipient of a secondary 

16 school diploma or its equivalent who 

17 is— 

18 ‘‘(aa) deficient in basic skills, 

19 including limited English pro20 ficiency; 

21 ‘‘(bb) a low-income indi22 vidual; and 

23 ‘‘(cc) not attending any 

24 school. 
502 

•S 1021 RS 

1 ‘‘(IV) Subject to the juvenile or 

2 adult justice system or ordered by a 

3 court to an alternative school. 

4 ‘‘(V) A low-income individual who 

5 is pregnant or parenting and not at6 tending any school. 

7 ‘‘(VI) A youth who is not attend8 ing school or a youth attending an al9 ternative school, who is homeless, a 

10 runaway, a foster child, a child eligible 

11 for assistance under section 477 of the 

12 Social Security Act (42 U.S.C. 677), or 

13 in an out-of-home placement. 

14 ‘‘(VII) A low-income individual 

15 who is not attending school and re16 quires additional assistance to enter or 

17 complete an educational program or to 

18 secure or hold employment. 

19 ‘‘(C) IN-SCHOOL YOUTH.—In this section 

20 the term ‘in-school youth’ means an individual 

21 who is— 

22 ‘‘(i) not younger than age 14 nor older 

23 than age 21; 

24 ‘‘(ii) a low-income individual; and 

25 ‘‘(iii) one or more of the following: 
503 

•S 1021 RS 

1 ‘‘(I) Deficient in basic literacy 

2 skills, including limited English pro3 ficiency. 

4 ‘‘(II) Homeless, a runaway, a fos5 ter child, a child eligible for assistance 

6 under section 477 of the Social Secu7 rity Act (42 U.S.C. 677), or in an out8 of-home placement. 

9 ‘‘(III) Pregnant or parenting. 

10 ‘‘(IV) An offender (other than an 

11 individual described in subparagraph 

12 (B)(ii)(IV)). 

13 ‘‘(V) An individual who requires 

14 additional assistance to complete an 

15 educational program or to secure or 

16 hold employment. 

17 ‘‘(2) EXCEPTION.—Not more than 5 percent of 

18 the individuals assisted under this section in each 

19 local area, in the case of individuals for whom low 

20 income is a requirement for eligibility under this sec21 tion, may be individuals who are not low income. 

22 ‘‘(3) LIMITATIONS ON ACTIVITIES FOR IN-SCHOOL

23 YOUTH.— 

24 ‘‘(A) IN GENERAL.—For any program year, 

25 not more than 60 percent of the funds available 
504 

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1 for statewide activities under subsection (b), and 

2 not more than 60 percent of funds available to 

3 local areas under subsection (c), may be used to 

4 provide activities for in-school youth meeting the 

5 requirements of paragraph (1)(B). 

6 ‘‘(B) EXCEPTION.—A State that receives a 

7 minimum allotment under section 127(b)(1) in 

8 accordance with section 127(b)(1)(C)(iv) or 

9 under section 132(b)(1) in accordance with sec10 tion 132(b)(1)(B)(iv)(II) may increase the per11 centage described in subparagraph (A) for a 

12 local area in the State, if— 

13 ‘‘(i) after an analysis of the eligible 

14 youth population in the local area, the 

15 State determines that the local area will be 

16 unable to use at least 40 percent of the 

17 funds available for activities under sub18 section (b) or (c) to serve out-of-school youth 

19 due to a low number of out-of-school youth; 

20 and 

21 ‘‘(ii)(I) the State submits to the Sec22 retary, for the local area, a request includ23 ing a proposed increased percentage for 

24 purposes of subparagraph (A), and the sum-
505 

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1 mary of the eligible youth population anal2 ysis; and 

3 ‘‘(II) the request is approved by the 

4 Secretary. 

5 ‘‘(4) CONSISTENCY WITH COMPULSORY SCHOOL

6 ATTENDANCE LAWS.—In providing assistance under 

7 this section to an individual who is required to attend 

8 school under applicable State compulsory school at9 tendance laws, the priority in providing such assist10 ance shall be for the individual to attend school regu11 larly.’’. 

12 (e) STATEWIDE ACTIVITIES.—Section 129(b) (29 

13 U.S.C. 2854(b)) is amended to read as follows: 

14 ‘‘(b) STATEWIDE ACTIVITIES.— 

15 ‘‘(1) IN GENERAL.—Funds reserved by a Gov16 ernor for a State as described in sections 128(a) and 

17 133(a)(1) shall be used, regardless of whether the 

18 funds were allotted to the State under section 

19 127(b)(1)(C) or under paragraph (1)(B) or (2)(B) of 

20 section 132(b) for statewide activities, which may in21 clude— 

22 ‘‘(A) conducting— 

23 ‘‘(i) evaluations under section 136(e) of 

24 activities authorized under this chapter and 

25 chapter 5 in coordination with evaluations 
506 

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1 carried out by the Secretary under section 

2 172; 

3 ‘‘(ii) research; and 

4 ‘‘(iii) demonstration projects; 

5 ‘‘(B) providing incentive grants to local 

6 areas for regional cooperation among local 

7 boards (including local boards in a designated 

8 region as described in section 116(c)), for local 

9 coordination of activities carried out under this 

10 title, and for performance by local areas as de11 scribed in section 136(i)(2); 

12 ‘‘(C) providing technical assistance and ca13 pacity building activities to local areas, one-stop 

14 operators, one-stop partners, and eligible pro15 viders, including the development and training 

16 of staff, the development of exemplary program 

17 activities, the provision of technical assistance to 

18 local areas that fail to meet local performance 

19 measures described in section 136(c), and the 

20 provision of technology to facilitate remote access 

21 to services provided through the one-stop delivery 

22 system in the State; 

23 ‘‘(D) operating a fiscal and management 

24 accountability information system under section 

25 136(f); 
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1 ‘‘(E) carrying out monitoring and oversight 

2 of activities carried out under this chapter and 

3 chapter 5, which may include a review com4 paring the services provided to male and female 

5 youth; 

6 ‘‘(F) providing additional assistance to 

7 local areas that have high concentrations of eligi8 ble youth; 

9 ‘‘(G) supporting the development of alter10 native programs and other activities that en11 hance the choices available to eligible youth and 

12 encourage such youth to reenter secondary edu13 cation, enroll in postsecondary education and 

14 advanced training, and obtain career path em15 ployment; 

16 ‘‘(H) supporting the provision of core serv17 ices described in section 134(d)(2) in the one18 stop delivery system in the State; and 

19 ‘‘(I) supporting financial literacy, includ20 ing— 

21 ‘‘(i) supporting the ability to create 

22 household budgets, initiate savings plans, 

23 and make strategic investment decisions for 

24 education, retirement, home ownership, 

25 wealth building, or other savings goals; 
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1 ‘‘(ii) supporting the ability to manage 

2 spending, credit, and debt, including credit 

3 card debt, effectively; 

4 ‘‘(iii) increasing awareness of the 

5 availability and significance of credit re6 ports and credit scores in obtaining credit, 

7 the importance of their accuracy (and how 

8 to correct inaccuracies), their effect on cred9 it terms, and the effect common financial 

10 decisions may have on credit scores; 

11 ‘‘(iv) supporting the ability to ascer12 tain fair and favorable credit terms; 

13 ‘‘(v) supporting the ability to avoid 

14 abusive, predatory, or deceptive credit offers 

15 and financial products; 

16 ‘‘(vi) supporting the ability to under17 stand, evaluate, and compare financial 

18 products, services, and opportunities; 

19 ‘‘(vii) supporting the ability to under20 stand resources that are easily accessible 

21 and affordable, and that inform and edu22 cate an investor as to the investor’s rights 

23 and avenues of recourse when the investor 

24 believes the investor’s rights have been vio-
509 

•S 1021 RS 

1 lated by unprofessional conduct of market 

2 intermediaries; 

3 ‘‘(viii) increasing awareness of the 

4 particular financial needs and financial 

5 transactions (such as the sending of remit6 tances) of consumers who are targeted in 

7 multilingual financial literacy and edu8 cation programs and improving the devel9 opment and distribution of multilingual fi10 nancial literacy and education materials; 

11 ‘‘(ix) promoting bringing individuals 

12 who lack basic banking services into the fi13 nancial mainstream by opening and main14 taining accounts with financial institu15 tions; and 

16 ‘‘(x) improving financial literacy and 

17 education through all other related skills, 

18 including personal finance and related eco19 nomic education, with the primary goal of 

20 programs not simply to improve knowledge, 

21 but rather to improve consumers’ financial 

22 choices and outcomes. 

23 ‘‘(2) LIMITATION.—Not more than 5 percent of 

24 the funds allotted to a State under section 

25 127(b)(1)(C) shall be used by the State for adminis-
510 

•S 1021 RS 

1 trative activities carried out under this subsection or 

2 section 134(a). 

3 ‘‘(3) PROHIBITION.—No funds described in this 

4 subsection may be used to develop or implement edu5 cation curricula for school systems in the State.’’. 

6 (f) LOCAL ELEMENTS AND REQUIREMENTS.— 

7 (1) PROGRAM DESIGN.—Section 129(c)(1) (29 

8 U.S.C. 2854(c)(1)) is amended— 

9 (A) in the matter that precedes subpara10 graph (A), by striking ‘‘paragraph (2)(A) or (3), 

11 as appropriate, of’’; 

12 (B) in subparagraph (B), by inserting ‘‘are 

13 directly linked to 1 or more of the performance 

14 measures relating to this chapter under section 

15 136, and that’’ after ‘‘for each participant that’’; 

16 and 

17 (C) in subparagraph (C)— 

18 (i) by redesignating clauses (i) through 

19 (iv) as clauses (ii) through (v), respectively; 

20 (ii) by inserting before clause (ii) (as 

21 redesignated by clause (i)) the following: 

22 ‘‘(i) activities leading to the attain23 ment of a secondary school diploma or its 

24 equivalent, or another recognized creden25 tial;’’; 
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1 (iii) in clause (ii) (as redesignated by 

2 clause (i)), by inserting ‘‘and advanced 

3 training’’ after ‘‘opportunities’’; 

4 (iv) in clause (iii) (as redesignated by 

5 clause (i))— 

6 (I) by inserting ‘‘instruction 

7 based on State academic content and 

8 student academic achievement stand9 ards established under section 1111 of 

10 the Elementary and Secondary Edu11 cation Act of 1965 (20 U.S.C. 6311)’’ 

12 after ‘‘academic’’; and 

13 (II) by inserting ‘‘that lead to the 

14 attainment of recognized credentials’’ 

15 after ‘‘learning’’; and 

16 (v) by striking clause (v) (as redesig17 nated by clause (i)) and inserting the fol18 lowing: 

19 ‘‘(v) effective connections to all employ20 ers, including small employers, in sectors of 

21 the local and regional labor markets that 

22 are experiencing high growth in employ23 ment opportunities.’’. 

24 (2) PROGRAM ELEMENTS.—Section 129(c)(2) (29 

25 U.S.C. 2854(c)(2)) is amended— 
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•S 1021 RS 

1 (A) in subparagraph (A), by striking ‘‘sec2 ondary school, including dropout prevention 

3 strategies’’ and inserting ‘‘the requirements for a 

4 secondary school diploma or its recognized equiv5 alent (including recognized alternative standards 

6 for individuals with disabilities) or for another 

7 recognized credential, including dropout preven8 tion strategies’’; 

9 (B) in subparagraph (B), by inserting ‘‘, 

10 with a priority on exposing youth to technology 

11 and nontraditional jobs’’ before the semicolon; 

12 (C) in subparagraph (F), by striking ‘‘dur13 ing nonschool hours’’; 

14 (D) in subparagraph (I), by striking ‘‘and’’ 

15 at the end; 

16 (E) in subparagraph (J), by striking the 

17 period at the end and inserting a semicolon; and 

18 (F) by adding at the end the following: 

19 ‘‘(K) on-the-job training opportunities; 

20 ‘‘(L) opportunities to acquire financial lit21 eracy skills; 

22 ‘‘(M) entrepreneurial skills training and 

23 microenterprise services; and 
513 

•S 1021 RS 

1 ‘‘(N) information about average wages for a 

2 range of jobs available in the local area, includ3 ing technology jobs.’’. 

4 (3) ADDITIONAL REQUIREMENTS.—Section 

5 129(c)(3)(A) (29 U.S.C. 2854(c)(3)(A)) is amended in 

6 the matter preceding clause (i) by striking ‘‘or appli7 cant who meets the minimum income criteria to be 

8 considered an eligible youth’’. 

9 (4) PRIORITY AND EXCEPTIONS.—Section 129(c) 

10 (29 U.S.C. 2854(c)) is amended by striking para11 graphs (4) and (5). 

12 (5) PROHIBITIONS AND LINKAGES.—Section 

13 129(c) (29 U.S.C. 2854(c)), as amended by paragraph 

14 (4), is further amended— 

15 (A) by redesignating paragraphs (6), (7), 

16 and (8) as paragraphs (4), (5), and (6), respec17 tively; 

18 (B) in paragraph (4) (as redesignated by 

19 subparagraph (A))— 

20 (i) by striking subparagraph (B); and 

21 (ii) by redesignating subparagraph (C) 

22 as subparagraph (B); and 

23 (C) in paragraph (5) (as redesignated by 

24 subparagraph (A)), by striking ‘‘youth councils’’ 

25 and inserting ‘‘local boards’’. 
514 

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1 SEC. 121. ADULT AND DISLOCATED WORKER EMPLOYMENT 

2 AND TRAINING ACTIVITIES. 

3 (a) STATE ALLOTMENTS.— 

4 (1) RESERVATIONS.—Section 132(a)(2)(A) (29 

5 U.S.C. 2862 (a)(2)(A)) is amended by striking ‘‘na6 tional emergency grants, other than under subsection 

7 (a)(4), (f), and (g)’’ and inserting ‘‘national dis8 located worker grants, other than under paragraph 

9 (4) or (5) of subsection (a), subsection (e), and sub10 section (f)’’. 

11 (2) ALLOTMENT AMONG STATES.—Section 132(b) 

12 (29 U.S.C. 2862(b)) is amended— 

13 (A) in paragraph (1)(A)(ii), by striking 

14 ‘‘section 127(b)(1)(B),’’ and all that follows and 

15 inserting ‘‘section 127(b)(1)(B).’’; 

16 (B) by striking paragraph (1)(B)(ii) and 

17 inserting the following: 

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

19 (iii) and (iv), of the remainder— 

20 ‘‘(I) 40 percent shall be allotted 

21 on the basis of the relative number of 

22 unemployed individuals in areas of 

23 substantial unemployment in each 

24 State, compared to the total number of 

25 unemployed individuals in areas of 
515 

•S 1021 RS 

1 substantial unemployment in all 

2 States; 

3 ‘‘(II) 25 percent shall be allotted 

4 on the basis of the relative number of 

5 individuals in the civilian labor force 

6 in each State, compared to the total 

7 number of such individuals in all 

8 States; and 

9 ‘‘(III) 35 percent shall be allotted 

10 on the basis of the relative number of 

11 disadvantaged adults in each State, 

12 compared to the total number of dis13 advantaged adults in all States, except 

14 as described in clause (iii).’’; 

15 (C) in paragraph (1)(B)— 

16 (i) in clause (iii), by striking ‘‘section 

17 116(a)(2)(B)’’ and inserting ‘‘section 

18 116(a)(2)(A)(iii)’’; 

19 (ii) in clause (iv)— 

20 (I) in subclause (I)— 

21 (aa) by striking ‘‘Subject to 

22 subclause (IV), the’’ and inserting 

23 ‘‘The’’; and 

24 (bb) by striking ‘‘than the 

25 greater of’’ and all that follows 
516 

•S 1021 RS 

1 and inserting ‘‘than an amount 

2 based on 90 percent of the allot3 ment percentage of the State for 

4 the preceding fiscal year.’’; 

5 (II) in subclause (II), by striking 

6 ‘‘subclauses (I), (III), and (IV)’’ and 

7 inserting ‘‘subclauses (I) and (III)’’; 

8 and 

9 (III) by striking subclause (IV); 

10 and 

11 (iii) in clause (v), by striking sub12 clause (VI); and 

13 (D) in paragraph (2)(A)(ii), by striking 

14 ‘‘section 127(b)(1)(B)’’ and all that follows and 

15 inserting ‘‘section 127(b)(1)(B).’’. 

16 (3) REALLOTMENT.—Section 132(c) (29 U.S.C. 

17 2862(c)) is amended— 

18 (A) by striking paragraph (2) and inserting 

19 the following: 

20 ‘‘(2) AMOUNT.—The amount available for real21 lotment for a program year for programs funded 

22 under subsection (b)(1)(B) (relating to adult employ23 ment and training) and subsection (b)(2)(B) (relating 

24 to dislocated worker employment and training), re25 spectively, is equal to the amount by which the unex-
517 

•S 1021 RS 

1 pended balance at the end of the program year prior 

2 to the program year for which the determination is 

3 made exceeds 30 percent of the total amount of funds 

4 available to the State under subsection (b)(1)(B) or 

5 (b)(2)(B), respectively, during such prior program 

6 year (including amounts allotted to the State in all 

7 prior program years under such provisions that re8 mained available). For purposes of this paragraph, 

9 the unexpended balance is the amount that is the dif10 ference between— 

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

12 the State under subsection (b)(1)(B) or (b)(2)(B), 

13 respectively, during the program year prior to 

14 the program year for which the determination is 

15 made (including amounts allotted to the State in 

16 all prior program years under such provisions 

17 that remained available); and 

18 ‘‘(B) the accrued expenditures from such 

19 total amount of funds available under subsection 

20 (b)(1)(B) or (b)(2)(B), respectively, during such 

21 prior program year.’’; 

22 (B) in paragraph (3)— 

23 (i) by striking ‘‘under this section for 

24 such activities for the prior program year’’ 

25 and inserting ‘‘under subsection (b)(1)(B) 
518 

•S 1021 RS 

1 or (b)(2)(B), as appropriate, for the pro2 gram year for which the determination is 

3 made’’; and 

4 (ii) by striking ‘‘under this section for 

5 such activities for such prior program year’’ 

6 and inserting ‘‘under subsection (b)(1)(B) 

7 or (b)(2)(B), as appropriate, for such pro8 gram year’’; 

9 (C) by striking paragraph (4) and inserting 

10 the following: 

11 ‘‘(4) ELIGIBILITY.—For purposes of this sub12 section, an eligible State means— 

13 ‘‘(A) with respect to funds allotted under 

14 subsection (b)(1)(B), a State that does not have 

15 an amount of such funds available for reallot16 ment under paragraph (2) for the program year 

17 for which the determination under paragraph (2) 

18 is made; and 

19 ‘‘(B) with respect to funds allotted under 

20 subsection (b)(2)(B), a State that does not have 

21 an amount of such funds available for reallot22 ment under paragraph (2) for the program year 

23 for which the determination under paragraph (2) 

24 is made.’’; and 
519 

•S 1021 RS 

1 (D) in paragraph (5), by striking ‘‘obliga2 tion’’ and inserting ‘‘accrued expenditure’’. 

3 (4) EFFECTIVE DATE.—The amendments made 

4 by paragraph (3) shall take effect for the later of— 

5 (A) the program year that begins after the 

6 date of enactment of this Act; or 

7 (B) program year 2006. 

8 (b) WITHIN STATE ALLOCATIONS.— 

9 (1) ALLOCATION.—Section 133(b)(2)(A)(i) (29 

10 U.S.C. 2863(b)(2)(A)(i)) is amended— 

(A) in subclause (I), by striking ‘‘331 11 ⁄3 per12 cent’’ and inserting ‘‘40 percent’’; 

(B) in subclause (II), by striking ‘‘331 13 ⁄3 per14 cent’’ and inserting ‘‘25 percent’’; and 

(C) in subclause (III), by striking ‘‘331 15 ⁄3

16 percent’’ and inserting ‘‘35 percent’’. 

17 (2) TRANSFER AUTHORITY.—Section 133(b)(4) 

18 (29 U.S.C. 2863(b)(4)) is amended by striking ‘‘20 

19 percent’’ each place it appears and inserting ‘‘45 per20 cent’’. 

21 (3) REQUIREMENTS.—Clauses (i) and (ii) of sec22 tion 133(b)(5)(B) (29 U.S.C. 2863(b)(5)(B)) are 

23 amended by striking ‘‘section 134(c)’’ and inserting 

24 ‘‘section 121(e)’’. 
520 

•S 1021 RS 

1 (4) REALLOCATION.—Section 133(c) (29 U.S.C. 

2 2863(c)) is amended— 

3 (A) in paragraph (1), by inserting ‘‘, and 

4 under subsection (b)(2)(B) for dislocated worker 

5 employment and training activities,’’ after ‘‘ac6 tivities’’; 

7 (B) by striking paragraph (2) and inserting 

8 the following: 

9 ‘‘(2) AMOUNT.—The amount available for re10 allocation for a program year for programs funded 

11 under paragraphs (2)(A) and (3) of subsection (b) 

12 (relating to adult employment and training) and sub13 section (b)(2)(B) (relating to dislocated worker em14 ployment and training), respectively, is equal to the 

15 amount by which the unexpended balance at the end 

16 of the program year prior to the program year for 

17 which the determination is made exceeds 30 percent 

18 of the total amount of funds available to the local 

19 area under paragraphs (2)(A) and (3) of subsection 

20 (b), or subsection (b)(2)(B), respectively, during such 

21 prior program year (including amounts allocated to 

22 the local area in all prior program years under such 

23 provisions that remained available). For purposes of 

24 this paragraph, the unexpended balance is the 

25 amount that is the difference between— 
521 

•S 1021 RS 

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

2 the local area under paragraphs (2)(A) and (3) 

3 of subsection (b), or subsection (b)(2)(B), respec4 tively, during the program year prior to the pro5 gram year for which the determination is made 

6 (including amounts allotted to the local area in 

7 all prior program years under such provisions 

8 that remained available); and 

9 ‘‘(B) the accrued expenditures from such 

10 total amount of funds available under para11 graphs (2)(A) and (3) of subsection (b), or sub12 section (b)(2)(B), respectively, during such prior 

13 program year.’’; 

14 (C) by striking paragraph (3) and inserting 

15 the following: 

16 ‘‘(3) REALLOCATION.—In making reallocations 

17 to eligible local areas of amounts available pursuant 

18 to paragraph (2) for a program year, the Governor 

19 shall allocate to each eligible local area within the 

20 State— 

21 ‘‘(A) with respect to amounts that are avail22 able for reallocation under paragraph (2) that 

23 were allocated under paragraphs (2)(A) or (3) of 

24 subsection (b), an amount based on the relative 

25 amount allocated to such local area under para-
522 

•S 1021 RS 

1 graphs (2)(A) or (3) of subsection (b), as appro2 priate, for the program year for which the deter3 mination is made, as compared to the total 

4 amount allocated to all eligible local areas under 

5 paragraphs (2)(A) or (3) of subsection (b), as ap6 propriate, for such program year; and 

7 ‘‘(B) with respect to amounts that are 

8 available for reallocation under paragraph (2) 

9 that were allocated under subsection (b)(2)(B), 

10 an amount based on the relative amount allo11 cated to such local area under subsection 

12 (b)(2)(B) for the program year for which the de13 termination is made, as compared to the total 

14 amount allocated to all eligible local areas under 

15 subsection (b)(2)(B) for such program year.’’; 

16 and 

17 (D) by striking paragraph (4) and insert18 ing the following: 

19 ‘‘(4) ELIGIBILITY.—For purposes of this sub20 section, an eligible local area means— 

21 ‘‘(A) with respect to funds allocated under 

22 paragraphs (2)(A) or (3) of subsection (b), a 

23 local area that does not have an amount of such 

24 funds available for reallocation under paragraph 
523 

•S 1021 RS 

1 (2) for the program year for which the deter2 mination under paragraph (2) is made; and 

3 ‘‘(B) with respect to funds allocated under 

4 subsection (b)(2)(B), a local area that does not 

5 have an amount of such funds available for re6 allocation under paragraph (2) for the program 

7 year for which the determination under para8 graph (2) is made.’’. 

9 (5) EFFECTIVE DATE.—The amendments made 

10 by paragraph (3) shall take effect for the later of— 

11 (A) the program year that begins after the 

12 date of enactment of this Act; or 

13 (B) program year 2006. 

14 (c) USE OF FUNDS FOR EMPLOYMENT AND TRAINING

15 ACTIVITIES.— 

16 (1) STATEWIDE EMPLOYMENT AND TRAINING AC17 TIVITIES.— 

18 (A) STATEWIDE RAPID RESPONSE ACTIVI19 TIES.—Section 134(a)(2)(A) (29 U.S.C. 

20 2864(a)(2)(A)) is amended to read as follows: 

21 ‘‘(A) STATEWIDE RAPID RESPONSE ACTIVI22 TIES.— 

23 ‘‘(i) IN GENERAL.—A State shall carry 

24 out statewide rapid response activities using 

25 funds reserved by a Governor for a State 
524 

•S 1021 RS 

1 under section 133(a)(2). Such activities 

2 shall include— 

3 ‘‘(I) provision of rapid response 

4 activities, carried out in local areas by 

5 the State or by an entity designated by 

6 the State, working in conjunction with 

7 the local boards and the chief elected 

8 officials for the local areas; and 

9 ‘‘(II) provision of additional as10 sistance to local areas that experience 

11 disasters, mass layoffs, or plant clos12 ings, or other events that precipitate 

13 substantial increases in the number of 

14 unemployed individuals, carried out in 

15 local areas by the State, working in 

16 conjunction with the local boards and 

17 the chief elected officials for the local 

18 areas. 

19 ‘‘(ii) USE OF UNEXPENDED FUNDS.— 

20 Funds reserved under section 133(a)(2) to 

21 carry out this subparagraph that remain 

22 unexpended after the first program year for 

23 which such funds were allotted may be used 

24 by the Governor to carry out statewide ac25 tivities authorized under subparagraph (B) 
525 

•S 1021 RS 

1 and paragraph (3)(A) in addition to activi2 ties under this subparagraph.’’. 

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 TRAIN8 ING ACTIVITIES.—Funds reserved by a Governor 

9 for a State under sections 128(a)(1) and 

10 133(a)(1) and not used under paragraph (1)(A) 

11 (regardless of whether the funds were allotted to 

12 the States under section 127(b)(1)(C) or para13 graphs (1)(B) or (2)(B) of section 132(b)) shall 

14 be used for statewide employment and training 

15 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, 
526 

•S 1021 RS 

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 sec14 tion 136(e) of activities authorized under 

15 this chapter and chapter 5 in coordination 

16 with evaluations carried out by the Sec17 retary under section 172; 

18 ‘‘(iii) providing incentive grants to 

19 local areas, in accordance with section 

20 136(i); 

21 ‘‘(iv) developing strategies for ensuring 

22 that activities carried out under this section 

23 are placing men and women in jobs, edu24 cation, and training that lead to com25 parable pay; 
527 

•S 1021 RS 

1 ‘‘(v) providing technical assistance and 

2 capacity building to local areas, one-stop 

3 operators, one-stop partners, and eligible 

4 providers, including the development and 

5 training of staff, the development of exem6 plary program activities, and the provision 

7 of technical assistance to local areas that 

8 fail to meet local performance measures de9 scribed in section 136(c), which may in10 clude the development and training of staff 

11 to provide opportunities for hard-to-serve 

12 populations to enter high-wage, high-skilled, 

13 and nontraditional occupations; 

14 ‘‘(vi) operating a fiscal and manage15 ment accountability system under section 

16 136(f); and 

17 ‘‘(vii) carrying out monitoring and 

18 oversight of activities carried out under this 

19 chapter and chapter 4.’’. 

20 (C) ALLOWABLE STATEWIDE EMPLOYMENT

21 AND TRAINING ACTIVITIES.—Section 

22 134(a)(3)(A) (29 U.S.C. 2864(a)(3)(A)) is 

23 amended to read as follows: 

24 ‘‘(A) IN GENERAL.—Funds reserved by a 

25 Governor for a State under sections 128(a)(1) 
528 

•S 1021 RS 

1 and 133(a)(1) and not used under paragraph 

2 (1)(A) or (2)(B) (regardless of whether the funds 

3 were allotted to the State under section 

4 127(b)(1)(C) or paragraph (1)(B) or (2)(B) of 

5 section 132(b)) may be used to carry out addi6 tional statewide employment and training ac7 tivities, which may include— 

8 ‘‘(i) implementing innovative pro9 grams and strategies designed to meet the 

10 needs of all businesses in the State, includ11 ing small businesses, which may include in12 cumbent worker training programs, sectoral 

13 and industry cluster strategies and partner14 ships, including regional skills alliances, 

15 sectoral skills partnerships (in which rep16 resentatives of multiple employers for a spe17 cific industry sector or group of related oc18 cupations, economic development agencies, 

19 providers of training services described in 

20 subsection (d)(4), labor federations, and 

21 other entities that can provide needed sup22 portive services tailored to the needs of 

23 workers in that sector or group, for a local 

24 area or region, identify gaps between the 

25 current and expected demand and supply of 
529 

•S 1021 RS 

1 labor and skills in that sector or group for 

2 that area or region and develop a strategic 

3 skills gap action plan), career ladder pro4 grams, micro-enterprise and entrepreneurial 

5 training and support programs, utilization 

6 of effective business intermediaries, activi7 ties to improve linkages between the one8 stop delivery system in the State and all 

9 employers (including small employers) in 

10 the State, and other business services and 

11 strategies that better engage employers in 

12 workforce investment activities and make 

13 the workforce investment system more rel14 evant to the needs of State and local busi15 nesses, consistent with the objectives of this 

16 title; 

17 ‘‘(ii) developing strategies for effec18 tively serving hard-to-serve populations and 

19 for coordinating programs and services 

20 among one-stop partners; 

21 ‘‘(iii) implementing innovative pro22 grams for displaced homemakers, which for 

23 purposes of this clause may include an in24 dividual who is receiving public assistance 

25 and is within 2 years of exhausting lifetime 
530 

•S 1021 RS 

1 eligibility under part A of title IV of the 

2 Social Security Act (42 U.S.C. 601 et seq.); 

3 ‘‘(iv) implementing programs to in4 crease the number of individuals training 

5 for and placed in nontraditional employ6 ment; 

7 ‘‘(v) carrying out activities to facilitate 

8 remote access to services, including training 

9 services described in subsection (d)(4), pro10 vided through a one-stop delivery system, 

11 including facilitating access through the use 

12 of technology; 

13 ‘‘(vi) supporting the provision of core 

14 services described in subsection (d)(2) in the 

15 one-stop delivery system in the State; 

16 ‘‘(vii) coordinating with the child wel17 fare system to facilitate services for children 

18 in foster care and those who are eligible for 

19 assistance under section 477 of the Social 

20 Security Act (42 U.S.C. 677); 

21 ‘‘(viii) activities— 

22 ‘‘(I) to improve coordination be23 tween workforce investment activities 

24 carried out within the State involved 

25 and economic development activities, 
531 

•S 1021 RS 

1 and to promote entrepreneurial skills 

2 training and microenterprise services; 

3 ‘‘(II) to improve coordination be4 tween employment and training assist5 ance, child support services, and assist6 ance provided by State and local agen7 cies carrying out part D of title IV of 

8 the Social Security Act (42 U.S.C. 651 

9 et seq.); 

10 ‘‘(III) to improve coordination be11 tween employment and training assist12 ance and cooperative extension pro13 grams carried out by the Department 

14 of Agriculture; 

15 ‘‘(IV) to improve coordination be16 tween employment and training assist17 ance and programs carried out in the 

18 local area for individuals with disabil19 ities, including programs carried out 

20 by State agencies relating to mental re21 tardation and developmental disabil22 ities, Statewide Independent Living 

23 Councils established under section 705 

24 of the Rehabilitation Act of 1973 (29 

25 U.S.C. 796d), and centers for inde-
532 

•S 1021 RS 

1 pendent living defined in section 702 

2 of the Rehabilitation Act of 1973 (29 

3 U.S.C. 796a); 

4 ‘‘(V) to develop and disseminate 

5 workforce and labor market informa6 tion; 

7 ‘‘(VI) to improve coordination 

8 with the corrections system to facilitate 

9 provision of training services and em10 ployment opportunities that will assist 

11 ex-offenders in reentering the work12 force; and 

13 ‘‘(VII) to promote financial lit14 eracy, including carrying out activities 

15 described in section 129(b)(1)(I); 

16 ‘‘(ix) conducting— 

17 ‘‘(I) research; and 

18 ‘‘(II) demonstration projects; and 

19 ‘‘(x) adopting, calculating, or commis20 sioning a minimum self-sufficiency stand21 ard that specifies the income needs of fami22 lies, by family size, the number and ages of 

23 children in the family, and sub-State geo24 graphical considerations.’’. 
533 

•S 1021 RS 

1 (2) REQUIRED LOCAL EMPLOYMENT AND TRAIN2 ING ACTIVITIES.— 

3 (A) ALLOCATED FUNDS.—Section 

4 134(d)(1)(A) (29 U.S.C. 2864(d)(1)(A)) is 

5 amended— 

6 (i) in clause (i), by striking ‘‘described 

7 in subsection (c)’’; 

8 (ii) in clause (iii), by striking ‘‘and’’ 

9 at the end; 

10 (iii) in clause (iv), by striking the pe11 riod and inserting a semicolon; and 

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

13 ‘‘(v) to designate a dedicated business 

14 liaison in the local area who may be funded 

15 with funds provided under this title or from 

16 other sources to establish and develop rela17 tionships and networks with large and 

18 small employers and their intermediaries; 

19 and 

20 ‘‘(vi) in order to improve service deliv21 ery to avoid duplication of services and en22 hance coordination of services, to require the 

23 colocation of employment services provided 

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

25 et seq.) at the one-stop centers.’’. 
534 

•S 1021 RS 

1 (B) CORE SERVICES.—Section 134(d)(2) 

2 (29 U.S.C. 2864(d)(2)) is amended— 

3 (i) in the matter preceding subpara4 graph (A), by striking ‘‘paragraph (1)(A)’’ 

5 and inserting ‘‘paragraph (1)’’; 

6 (ii) in subparagraph (C), by inserting 

7 ‘‘(including literacy, numeracy, and 

8 English language proficiency)’’ after ‘‘skill 

9 levels’’; 

10 (iii) by striking subparagraph (D) and 

11 inserting the following: 

12 ‘‘(D) labor exchange services, including— 

13 ‘‘(i) job search and placement assist14 ance and, in appropriate cases, career coun15 seling, including— 

16 ‘‘(I) exposure to high wage, high 

17 skill jobs; and 

18 ‘‘(II) nontraditional employment; 

19 and 

20 ‘‘(ii) appropriate recruitment and 

21 other business services for all employers, in22 cluding small employers, in the local area, 

23 which may include services described in this 

24 subsection, including information and refer25 ral to specialized business services not tra-
535 

•S 1021 RS 

1 ditionally offered through the one-stop deliv2 ery system;’’; 

3 (iv) in subparagraph (E)(iii)— 

4 (I) by inserting ‘‘, career ladders,’’ 

5 after ‘‘earnings’’; and 

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

7 (v) in subparagraph (F)— 

8 (I) by striking ‘‘and program cost 

9 information’’; and 

10 (II) by striking ‘‘described in sec11 tion 123’’; 

12 (vi) by striking subparagraph (H) and 

13 inserting the following: 

14 ‘‘(H) provision of accurate information, in 

15 formats that are usable and understandable to 

16 all one-stop center customers, relating to the 

17 availability of supportive services or assistance, 

18 including child care, child support, medical or 

19 child health assistance under title XIX or XXI of 

20 the Social Security Act (42 U.S.C. 1396 et seq. 

21 and 1397aa et seq.), benefits under the Food 

22 Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the 

23 earned income tax credit under section 32 of the 

24 Internal Revenue Code of 1986, and assistance 

25 under a State program funded under part A of 
536 

•S 1021 RS 

1 title IV of the Social Security Act (42 U.S.C. 

2 601 et seq.) and other supportive services and 

3 transportation provided through funds made 

4 available under such part, available in the local 

5 area, and referral to such services or assistance 

6 as appropriate;’’; and 

7 (vii) in subparagraph (J), by striking 

8 ‘‘for—’’ and all that follows through ‘‘(ii) 

9 programs’’ and inserting ‘‘for programs’’. 

10 (C) INTENSIVE SERVICES.—Section 

11 134(d)(3) (29 U.S.C. 2864(d)(3)) is amended— 

12 (i) by striking subparagraph (A) and 

13 inserting the following: 

14 ‘‘(A) IN GENERAL.— 

15 ‘‘(i) ELIGIBILITY.—Except as provided 

16 in clause (ii), funds allocated to a local 

17 area for adults under paragraph (2)(A) or 

18 (3), as appropriate, of section 133(b), and 

19 funds allocated to the local area for dis20 located workers under section 133(b)(2)(B), 

21 shall be used to provide intensive services to 

22 adults and dislocated workers, respec23 tively— 

24 ‘‘(I) who are unemployed and 

25 who, after an interview, evaluation, or 
537 

•S 1021 RS 

1 assessment, have been determined by a 

2 one-stop operator or one-stop partner 

3 to be— 

4 ‘‘(aa) unlikely or unable to 

5 obtain employment, that leads to 

6 self-sufficiency or wages com7 parable to or higher than previous 

8 employment, through core services 

9 described in paragraph (2); and 

10 ‘‘(bb) in need of intensive 

11 services to obtain employment 

12 that leads to self-sufficiency or 

13 wages comparable to or higher 

14 than previous employment; or 

15 ‘‘(II) who are employed, but who, 

16 after an interview, evaluation, or as17 sessment are determined by a one-stop 

18 operator or one-stop partner to be in 

19 need of intensive services to obtain or 

20 retain employment that leads to self21 sufficiency. 

22 ‘‘(ii) SPECIAL RULE.—A new inter23 view, evaluation, or assessment of a partici24 pant is not required under clause (i) if the 

25 one-stop operator or one-stop partner deter-
538 

•S 1021 RS 

1 mines that it is appropriate to use a recent 

2 assessment of the participant conducted 

3 pursuant to another education or training 

4 program.’’; and 

5 (ii) in subparagraph (C)— 

6 (I) in clause (v), by striking ‘‘for 

7 participants seeking training services 

8 under paragraph (4)’’; and 

9 (II) by adding at the end the fol10 lowing: 

11 ‘‘(vii) Internships and work experience. 

12 ‘‘(viii) Literacy activities relating to 

13 basic work readiness. 

14 ‘‘(ix) Financial literacy services, such 

15 as activities described in section 

16 129(b)(1)(I). 

17 ‘‘(x) Out-of-area job search assistance 

18 and relocation assistance. 

19 ‘‘(xi) English language acquisition and 

20 integrated training programs.’’. 

21 (D) TRAINING SERVICES.—Section 

22 134(d)(4) (29 U.S.C. 2864(d)(4)) is amended— 

23 (i) by striking subparagraph (A) and 

24 inserting the following: 

25 ‘‘(A) IN GENERAL.— 
539 

•S 1021 RS 

1 ‘‘(i) ELIGIBILITY.—Except as provided 

2 in clause (ii), funds allocated to a local 

3 area for adults under paragraph (2)(A) or 

4 (3), as appropriate, of section 133(b), and 

5 funds allocated to the local area for dis6 located workers under section 133(b)(2)(B), 

7 shall be used to provide training services to 

8 adults and dislocated workers, respec9 tively— 

10 ‘‘(I) who, after an interview, eval11 uation, or assessment, and case man12 agement, have been determined by a 

13 one-stop operator or one-stop partner, 

14 as appropriate, to— 

15 ‘‘(aa) be unlikely or unable 

16 to obtain or retain employment, 

17 that leads to self-sufficiency or 

18 wages comparable to or higher 

19 than previous employment, 

20 through the intensive services de21 scribed in paragraph (3); 

22 ‘‘(bb) be in need of training 

23 services to obtain or retain em24 ployment that leads to self-suffi25 ciency or wages comparable to or 
540 

•S 1021 RS 

1 higher than previous employment; 

2 and 

3 ‘‘(cc) have the skills and 

4 qualifications to successfully par5 ticipate in the selected program of 

6 training services; 

7 ‘‘(II) who select programs of 

8 training services that are directly 

9 linked to the employment opportunities 

10 in the local area or region involved or 

11 in another area to which the adults or 

12 dislocated workers are willing to com13 mute or relocate; 

14 ‘‘(III) who meet the requirements 

15 of subparagraph (B); and 

16 ‘‘(IV) who are determined to be el17 igible in accordance with the priority 

18 system in effect under subparagraph 

19 (E). 

20 ‘‘(ii) SPECIAL RULE.—A new inter21 view, evaluation, or assessment of a partici22 pant is not required under clause (i) if the 

23 one-stop operator or one-stop partner deter24 mines that it is appropriate to use a recent 

25 assessment of the participant conducted 
541 

•S 1021 RS 

1 pursuant to another education or training 

2 program.’’; 

3 (ii) in subparagraph (B)(i), by strik4 ing ‘‘Except’’ and inserting ‘‘Notwith5 standing section 479B of the Higher Edu6 cation Act of 1965 (20 U.S.C. 1087uu) and 

7 except’’; 

8 (iii) in subparagraph (D)— 

9 (I) in clause (viii), by striking 

10 ‘‘and’’ after the semicolon; 

11 (II) in clause (ix), by striking the 

12 period and inserting ‘‘; and’’; and 

13 (III) by adding at the end the fol14 lowing: 

15 ‘‘(x) English language acquisition and 

16 integrated training programs.’’; 

17 (iv) in subparagraph (F)— 

18 (I) in clause (ii), by striking ‘‘re19 ferred to in subsection (c), shall make 

20 available—’’ and all that follows and 

21 inserting ‘‘shall make available a list 

22 of eligible providers of training serv23 ices, and accompanying information, 

24 in accordance with section 122(d).’’; 
542 

•S 1021 RS 

1 (II) in the heading of clause (iii), 

2 by striking ‘‘INDIVIDUAL TRAINING AC3 COUNTS’’ and inserting ‘‘CAREER

4 SCHOLARSHIP ACCOUNTS’’; 

5 (III) in clause (iii)— 

6 (aa) by striking ‘‘identifying 

7 information’’ and inserting ‘‘ac8 companying information’’; 

9 (bb) by striking ‘‘clause 

10 (ii)(I)’’ and inserting ‘‘clause 

11 (ii)’’; and 

12 (cc) by striking ‘‘an indi13 vidual training account’’ and in14 serting ‘‘a career scholarship ac15 count’’; and 

16 (IV) by adding at the end the fol17 lowing: 

18 ‘‘(iv) COORDINATION.—Each local 

19 board may, through one-stop centers, coordi20 nate career scholarship accounts with other 

21 Federal, State, local, or private job training 

22 programs or sources to assist the individual 

23 in obtaining training services.’’; and 

24 (v) in subparagraph (G)— 
543 

•S 1021 RS 

1 (I) in the subparagraph heading, 

2 by striking ‘‘INDIVIDUAL TRAINING AC3 COUNTS’’ and inserting ‘‘CAREER

4 SCHOLARSHIP ACCOUNTS’’; 

5 (II) in clause (i), by striking ‘‘in6 dividual training accounts’’ and in7 serting ‘‘career scholarship accounts’’; 

8 (III) in clause (ii)— 

9 (aa) by striking ‘‘an indi10 vidual training account’’ and in11 serting ‘‘a career scholarship ac12 count’’; 

13 (bb) in subclause (II), by 

14 striking ‘‘individual training ac15 counts’’ and inserting ‘‘career 

16 scholarship accounts’’; 

17 (cc) in subclause (II) by 

18 striking ‘‘or’’ after the semicolon; 

19 (dd) in subclause (III), by 

20 striking ‘‘special participant pop21 ulations that face multiple bar22 riers to employment’’ and insert23 ing ‘‘hard-to-serve populations’’; 
544 

•S 1021 RS 

1 (ee) in subclause (III), by 

2 striking the period and inserting 

3 ’‘‘; or’’; and 

4 (ff) by adding at the end the 

5 following: 

6 ‘‘(IV) the local board determines 

7 that it would be most appropriate to 

8 award a contract to an institution of 

9 higher education in order to facilitate 

10 the training of multiple individuals in 

11 high-demand occupations, if such con12 tract does not limit customer choice.’’; 

13 and 

14 (IV) in clause (iv)— 

15 (aa) by redesignating sub16 clause (IV) as subclause (V); and 

17 (bb) by inserting after sub18 clause (III) the following: 

19 ‘‘(IV) Individuals with disabil20 ities.’’. 

21 (3) PERMISSIBLE ACTIVITIES.—Section 134(e) 

22 (29 U.S.C. 2864(e)) is amended— 

23 (A) by striking the matter preceding para24 graph (2) and inserting the following: 
545 

•S 1021 RS 

1 ‘‘(e) PERMISSIBLE LOCAL EMPLOYMENT AND TRAIN2 ING ACTIVITIES.— 

3 ‘‘(1) IN GENERAL.— 

4 ‘‘(A) ACTIVITIES.—Funds allocated to a 

5 local area for adults under paragraph (2)(A) or 

6 (3), as appropriate, of section 133(b), and funds 

7 allocated to the local area for dislocated workers 

8 under section 133(b)(2)(B), may be used to pro9 vide, through the one-stop delivery system in10 volved— 

11 ‘‘(i) customized screening and referral 

12 of qualified participants in training serv13 ices described in subsection (d)(4) to em14 ployment; 

15 ‘‘(ii) customized employment-related 

16 services to employers on a fee-for-service 

17 basis; 

18 ‘‘(iii) customer support to enable mem19 bers of hard-to-serve populations, including 

20 individuals with disabilities, to navigate 

21 among multiple services and activities for 

22 such populations; 

23 ‘‘(iv) technical assistance and capacity 

24 building for serving individuals with dis25 abilities in local areas, for one-stop opera-
546 

•S 1021 RS 

1 tors, one-stop partners, and eligible pro2 viders, including the development and 

3 training of staff, the provision of outreach, 

4 intake, assessments, and service delivery, 

5 and the development of performance meas6 ures; 

7 ‘‘(v) employment and training assist8 ance provided in coordination with child 

9 support enforcement activities of the State 

10 and local agencies carrying out part D of 

11 title IV of the Social Security Act (42 

12 U.S.C. 651 et seq.); 

13 ‘‘(vi) activities to improve coordination 

14 between employment and training assist15 ance, child support services, and assistance 

16 provided by State and local agencies car17 rying out part D of title IV of the Social 

18 Security Act (42 U.S.C. 651 et seq.); 

19 ‘‘(vii) activities to improve coordina20 tion between employment and training as21 sistance and cooperative extension programs 

22 carried out by the Department of Agri23 culture; 

24 ‘‘(viii) activities to facilitate remote 

25 access to services provided through a one- 
547 

•S 1021 RS 

1 stop delivery system, including facilitating 

2 access through the use of technology; 

3 ‘‘(ix) activities— 

4 ‘‘(I) to improve coordination be5 tween workforce investment activities 

6 carried out within the local area in7 volved and economic development ac8 tivities, and to promote entrepre9 neurial skills training and microenter10 prise services; and 

11 ‘‘(II) to improve services and 

12 linkages between the local workforce in13 vestment system including the local 

14 one-stop delivery system, and all em15 ployers, including small employers in 

16 the local area, through services de17 scribed in this section, including sub18 paragraph (B); 

19 ‘‘(x) training programs for displaced 

20 homemakers and for individuals training 

21 for nontraditional occupations, in conjunc22 tion with programs operated in the local 

23 area; 

24 ‘‘(xi) using a portion of the funds allo25 cated under section 133(b), activities to 
548 

•S 1021 RS 

1 carry out business services and strategies 

2 that meet the workforce investment needs of 

3 local area employers, as determined by the 

4 local board, consistent with the local plan 

5 under section 118, which services— 

6 ‘‘(I) may be provided through ef7 fective business intermediaries working 

8 in conjunction with the local board, 

9 and may also be provided on a fee-for10 service basis or through the leveraging 

11 of economic development and other re12 sources as determined appropriate by 

13 the local board; and 

14 ‘‘(II) may include— 

15 ‘‘(aa) identifying and dis16 seminating to business, educators, 

17 and job seekers, information re18 lated to the workforce, economic 

19 and community development 

20 needs, and opportunities of the 

21 local economy; 

22 ‘‘(bb) development and deliv23 ery of innovative workforce invest24 ment services and strategies for 

25 area businesses, which may in-
549 

•S 1021 RS 

1 clude sectoral, industry cluster, re2 gional skills alliances, career lad3 der, skills upgrading, skill stand4 ard development and certification, 

5 apprenticeship, and other effective 

6 initiatives for meeting the work7 force investment needs of area em8 ployers and workers; 

9 ‘‘(cc) participation in semi10 nars and classes offered in part11 nership with relevant organiza12 tions focusing on the workforce-re13 lated needs of area employers and 

14 job seekers; 

15 ‘‘(dd) training consulting, 

16 needs analysis, and brokering 

17 services for area businesses, in18 cluding the organization and ag19 gregation of training (which may 

20 be paid for with funds other than 

21 those provided under this title), 

22 for individual employers and coa23 litions of employers with similar 

24 interests, products, or workforce 

25 needs; 
550 

•S 1021 RS 

1 ‘‘(ee) assistance to area em2 ployers in the aversion of layoffs 

3 and in managing reductions in 

4 force in coordination with rapid 

5 response activities; 

6 ‘‘(ff) the marketing of busi7 ness services offered under this 

8 title, to appropriate area employ9 ers, including small and mid10 sized employers; 

11 ‘‘(gg) information referral on 

12 concerns affecting local employers; 

13 and 

14 ‘‘(hh) other business services 

15 and strategies designed to better 

16 engage employers in workforce in17 vestment activities and to make 

18 the workforce investment system 

19 more relevant to the workforce in20 vestment needs of area businesses, 

21 as determined by the local board 

22 to be consistent with the objectives 

23 of this title; 

24 ‘‘(xii) activities to adjust the self-suffi25 ciency standards for local factors, or activi-
551 

•S 1021 RS 

1 ties to adopt, calculate, or commission a 

2 self-sufficiency standard that specifies the 

3 income needs of families, by family size, the 

4 number and ages of children in the family, 

5 and sub-State geographical considerations; 

6 and 

7 ‘‘(xiii) improved coordination between 

8 employment and training assistance and 

9 programs carried out in the local area for 

10 individuals with disabilities, including pro11 grams carried out by State agencies relating 

12 to mental retardation and developmental 

13 disabilities, Statewide Independent Living 

14 Councils established under section 705 of the 

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

16 796d), and centers for independent living 

17 defined in section 702 of the Rehabilitation 

18 Act of 1973 (29 U.S.C. 796a). 

19 ‘‘(B) WORK SUPPORT ACTIVITIES FOR LOW20 WAGE WORKERS.— 

21 ‘‘(i) IN GENERAL.—Funds allocated to 

22 a local area for adults under paragraph 

23 (2)(A) or (3), as appropriate, of section 

24 133(b), and funds allocated to the local area 

25 for dislocated workers under section 
552 

•S 1021 RS 

1 133(b)(2)(B), may be used to provide, 

2 through the one-stop delivery system in3 volved, work support activities designed to 

4 assist low-wage workers in retaining and 

5 enhancing employment. The one-stop part6 ners shall coordinate the appropriate pro7 grams and resources of the partners with 

8 the activities and resources provided under 

9 this subparagraph. 

10 ‘‘(ii) ACTIVITIES.—The activities de11 scribed in clause (i) may include the provi12 sion of activities described in this section 

13 through the one-stop delivery system in a 

14 manner that enhances the opportunities of 

15 such workers to participate in the activities, 

16 such as the provision of activities described 

17 in this section during nontraditional hours 

18 and the provision of onsite child care while 

19 such activities are being provided.’’; 

20 (B) in paragraph (2), by striking the mat21 ter preceding subparagraph (A) and inserting 

22 the following: 

23 ‘‘(2) SUPPORTIVE SERVICES.—Funds allocated to 

24 a local area for adults under paragraph (2)(A) or (3), 

25 as appropriate, of section 133(b), and funds allocated 
553 

•S 1021 RS 

1 to the local area for dislocated workers under section 

2 133(b)(2)(B), may be used to provide supportive serv3 ices to adults and dislocated workers, respectively—’’; 

4 and 

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

6 ‘‘(4) INCUMBENT WORKER TRAINING PRO7 GRAMS.— 

8 ‘‘(A) IN GENERAL.—The local board may 

9 use up to 10 percent of the funds allocated to the 

10 local area involved under section 133(b) to pay 

11 for the Federal share of the cost of providing 

12 training through an incumbent worker training 

13 program carried out in accordance with this 

14 paragraph. The Governor or State board may 

15 make recommendations to the local board regard16 ing incumbent worker training with statewide 

17 impact. 

18 ‘‘(B) TRAINING ACTIVITIES.—The training 

19 program for incumbent workers carried out 

20 under this paragraph shall be carried out by the 

21 local board in conjunction with the employers or 

22 groups of employers of such workers for the pur23 pose of assisting such workers in obtaining the 

24 skills necessary to retain employment or avert 

25 layoffs. 
554 

•S 1021 RS 

1 ‘‘(C) EMPLOYER SHARE REQUIRED.— 

2 ‘‘(i) IN GENERAL.—Employers partici3 pating in the program carried out under 

4 this paragraph shall be required to pay the 

5 non-Federal share of the costs of providing 

6 the training to incumbent workers of the 

7 employers. The local board shall establish 

8 the non-Federal share of such costs, which 

9 may include in-kind contributions. The 

10 non-Federal share shall not be less than— 

11 ‘‘(I) 10 percent of the costs, for 

12 employers with 50 or fewer employees; 

13 ‘‘(II) 25 percent of the costs, for 

14 employers with more than 50 employ15 ees but fewer than 100 employees; and 

16 ‘‘(III) 50 percent of the costs, for 

17 employers with 100 or more employees. 

18 ‘‘(ii) CALCULATION OF EMPLOYER

19 SHARE.—The non-Federal share paid by 

20 such an employer may include the amount 

21 of the wages paid by the employer to a 

22 worker while the worker is attending a 

23 training program under this paragraph.’’. 

24 SEC. 122. PERFORMANCE ACCOUNTABILITY SYSTEM. 

25 (a) STATE PERFORMANCE MEASURES.— 
555 

•S 1021 RS 

1 (1) INDICATORS OF PERFORMANCE.—Section 

2 136(b)(2)(A) (29 U.S.C. 2871(b)(2)(A)) is amended— 

3 (A) in clause (i)— 

4 (i) in the matter preceding subclause 

5 (I), by striking ‘‘and (for participants who 

6 are eligible youth age 19 through 21) for 

7 youth activities authorized under section 

8 129’’; 

9 (ii) by striking subclause (III) and in10 serting the following: 

11 ‘‘(III) increases in earnings from 

12 unsubsidized employment; and’’; and 

13 (iii) in subclause (IV), by striking ‘‘, 

14 or by participants’’ and all that follows 

15 through ‘‘unsubsidized employment’’; and 

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

17 following: 

18 ‘‘(ii) CORE INDICATORS FOR ELIGIBLE

19 YOUTH.—The core indicators of performance 

20 for youth activities authorized under section 

21 129 shall consist of— 

22 ‘‘(I) entry into employment, edu23 cation or advanced training, or mili24 tary service; 
556 

•S 1021 RS 

1 ‘‘(II) school retention, and attain2 ment of secondary school diplomas or 

3 their recognized equivalents and of 

4 postsecondary certificates; and 

5 ‘‘(III) literacy or numeracy 

6 gains.’’. 

7 (2) ADDITIONAL INDICATORS.—Section 

8 136(b)(2)(C) (29 U.S.C. 2871(b)(2)(C)) is amended to 

9 read as follows: 

10 ‘‘(C) ADDITIONAL INDICATORS.—A State 

11 may identify in the State plan additional indi12 cators for workforce investment activities under 

13 this subtitle, including indicators identified in 

14 collaboration with State business and industry 

15 associations, with employee representatives where 

16 applicable, and with local boards, to measure the 

17 performance of the workforce investment system 

18 in serving the workforce needs of business and 

19 industry in the State.’’. 

20 (3) LEVELS OF PERFORMANCE.—Section 

21 136(b)(3)(A) (29 U.S.C. 2871(b)(3)(A)) is amended— 

22 (A) in clause (iii)— 

23 (i) in the heading, by striking ‘‘FOR

24 FIRST 3 YEARS’’; 
557 

•S 1021 RS 

1 (ii) by striking ‘‘and the customer sat2 isfaction indicator of performance, for the 

3 first 3’’ and inserting ‘‘described in clauses 

4 (i) and (ii) of paragraph (2)(A) and the 

5 customer satisfaction indicator of perform6 ance, for the first 2’’; and 

7 (iii) by inserting at the end the fol8 lowing: ‘‘Agreements on levels of perform9 ance for each of the core indicators of per10 formance for the third and fourth program 

11 years covered by the State plan shall be 

12 reached prior to the beginning of the third 

13 program year covered by the State plan, 

14 and incorporated as a modification to the 

15 State plan.’’; 

16 (B) in clause (iv)— 

17 (i) in the matter preceding subclause 

18 (I), by striking ‘‘or (v)’’; 

19 (ii) in subclause (II)— 

20 (I) by striking ‘‘taking into ac21 count’’ and inserting ‘‘and shall ensure 

22 that the levels involved are adjusted, 

23 using objective statistical methods, 

24 based on’’; 
558 

•S 1021 RS 

1 (II) by inserting ‘‘(such as dif2 ferences in unemployment rates and 

3 job losses or gains in particular indus4 tries)’’ after ‘‘economic conditions’’; 

5 (III) by inserting ‘‘(such as indi6 cators of poor work history, lack of 

7 work experience, lack of educational or 

8 occupational skills attainment, disloca9 tion from high-wage and benefit em10 ployment, low levels of literacy or 

11 English proficiency, disability status, 

12 homelessness, ex-offender status, and 

13 welfare dependency)’’ after ‘‘program’’; 

14 and 

15 (IV) by striking ‘‘and’’ at the end; 

16 (iii) in subclause (III), by striking the 

17 period and inserting ‘‘; and’’; and 

18 (iv) by adding at the end the following: 

19 ‘‘(IV) the extent to which the levels 

20 involved will assist the State in meet21 ing the national goals described in 

22 clause (v).’’; 

23 (C) by striking clause (v) and inserting the 

24 following: 
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1 ‘‘(v) ESTABLISHMENT OF NATIONAL

2 GOALS.—In order to promote enhanced per3 formance outcomes on the performance 

4 measures and to facilitate the process of 

5 reaching agreements with the States under 

6 clause (iii) and to measure systemwide per7 formance for the one-stop delivery systems 

8 of the States, the Secretary shall establish 

9 long-term national goals for the adjusted 

10 levels of performance for that systemwide 

11 performance to be achieved by the programs 

12 assisted under chapters 4 and 5 on the core 

13 indicators of performance described in sub14 paragraphs (A) and (B) of subsection 

15 (b)(2). Such goals shall be established in ac16 cordance with the Government Performance 

17 and Results Act of 1993 in consultation 

18 with the States and other appropriate par19 ties.’’; and 

20 (D) in clause (vi)— 

21 (i) by striking ‘‘or (v)’’; and 

22 (ii) by striking ‘‘with the representa23 tives described in subsection (i)’’ and insert24 ing ‘‘with the States and other interested 

25 parties’’. 
560 

•S 1021 RS 

1 (b) LOCAL PERFORMANCE MEASURES.—Section 

2 136(c)(3) (29 U.S.C. 2871(c)(3)) is amended— 

3 (1) by striking ‘‘shall take into account’’ and in4 serting ‘‘shall ensure that the levels involved are ad5 justed, using objective statistical methods, based on’’; 

6 (2) by inserting ‘‘(characteristics such as unem7 ployment rates and job losses or gains in particular 

8 industries)’’ after ‘‘economic’’; and 

9 (3) by inserting ‘‘(characteristics such as indica10 tors of poor work history, lack of work experience, 

11 lack of educational and occupational skills attain12 ment, dislocation from high-wage and benefit employ13 ment, low levels of literacy or English proficiency, 

14 disability status, homelessness, ex-offender status, and 

15 welfare dependency)’’ after ‘‘demographic’’. 

16 (c) REPORT.—Section 136(d) (29 U.S.C. 2871(d)) is 

17 amended— 

18 (1) in paragraph (1), by adding at the end the 

19 following: ‘‘In the case of a State or local area that 

20 chooses to expend funds for activities under subsection 

21 (a)(3)(A)(i) or (e)(1)(A)(xi), respectively, of section 

22 134, the report also shall include the amount of such 

23 funds so expended and the percentage that such funds 

24 are of the funds available for activities under section 

25 134.’’; 
561 

•S 1021 RS 

1 (2) in paragraph (2)— 

2 (A) in subparagraph (E)— 

3 (i) by striking ‘‘(excluding partici4 pants who received only self-service and in5 formational activities)’’; and 

6 (ii) by striking ‘‘and’’ after the semi7 colon; 

8 (B) in subparagraph (F)— 

9 (i) by inserting ‘‘noncustodial parents 

10 with child support obligations, homeless in11 dividuals,’’ after ‘‘displaced homemakers,’’; 

12 and 

13 (ii) by striking the period and insert14 ing a semicolon; and 

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

16 ‘‘(G) the number of participants who have 

17 received services, other than followup services, 

18 authorized under this title; 

19 ‘‘(H) the number of participants who have 

20 received services, other than followup services, 

21 authorized under this title, in the form of core 

22 services described in section 134(d)(2), intensive 

23 services described in section 134(d)(3), and 

24 training services described in section 134(d)(4), 

25 respectively; 
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•S 1021 RS 

1 ‘‘(I) the number of participants who have 

2 received followup services authorized under this 

3 title; 

4 ‘‘(J) the cost per participant for services au5 thorized under this title; and 

6 ‘‘(K) the amount of adult and dislocated 

7 worker funds spent on— 

8 ‘‘(i) core, intensive, and training serv9 ices, respectively; and 

10 ‘‘(ii) services provided under subsection 

11 (a)(3)(A)(i) or (e)(1)(A)(xi) of section 134, 

12 if applicable.’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(4) DATA VALIDATION.—In preparing the re15 ports described in this subsection, the States shall es16 tablish procedures, consistent with guidelines issued 

17 by the Secretary, to ensure that the information con18 tained in the reports is valid and reliable.’’. 

19 (d) EVALUATION OF STATE PROGRAMS.—Section 

20 136(e)(3) (29 U.S.C. 2871(e)(3)) is amended by inserting 

21 ‘‘, including information on promoting self-sufficiency and 

22 comparable pay between men and women’’ after ‘‘employ23 ers’’. 

24 (e) SANCTIONS FOR STATE.—Section 136(g)(1)(B) (29 

25 U.S.C. 2871(g)(1)(B)) is amended by striking ‘‘If such fail-
563 

•S 1021 RS 

1 ure continues for a second consecutive year’’ and inserting 

2 ‘‘If a State performs at less than 80 percent of the adjusted 

3 level of performance for core indicators of performance de4 scribed in subsection (b)(2)(A) for 2 consecutive years’’. 

5 (f) SANCTIONS FOR LOCAL AREA.—Section 

6 136(h)(2)(A) (29 U.S.C. 2871(h)(2)(A)) is amended— 

7 (1) in the matter preceding clause (i), by strik8 ing ‘‘If such failure continues for a second consecutive 

9 year’’ and inserting ‘‘If a local area performs at less 

10 than 80 percent of the adjusted level of performance 

11 for core indicators of performance described in sub12 section (b)(2)(A) for 2 consecutive years’’; 

13 (2) in clause (ii), by striking ‘‘or’’ after the semi14 colon; 

15 (3) by redesignating clause (iii) as clause (iv); 

16 and 

17 (4) by inserting after clause (ii) the following: 

18 ‘‘(iii) redesignate the local area in ac19 cordance with section 116(b)(2); or’’. 

20 (g) INCENTIVE GRANTS.—Section 136(i) (29 U.S.C. 

21 2871(i)) is amended to read as follows: 

22 ‘‘(i) INCENTIVE GRANTS FOR LOCAL AREAS.— 

23 ‘‘(1) IN GENERAL.—From funds reserved under 

24 sections 128(a) and 133(a)(1), the Governor involved 
564 

•S 1021 RS 

1 shall award incentive grants to local areas for per2 formance described in paragraph (2). 

3 ‘‘(2) BASIS.—The Governor shall award the 

4 grants on the basis that the local areas— 

5 ‘‘(A) have exceeded the performance meas6 ures established under subsection (c)(2) relating 

7 to indicators described in subsection 

8 (b)(3)(A)(iii); or 

9 ‘‘(B) have— 

10 ‘‘(i) met the performance measures es11 tablished under subsection (c)(2) relating to 

12 indicators described in subsection 

13 (b)(3)(A)(iii); and 

14 ‘‘(ii) demonstrated— 

15 ‘‘(I) exemplary coordination of 

16 one-stop partner programs described in 

17 section 121 with statewide economic 

18 development or business needs; 

19 ‘‘(II) exemplary performance in 

20 the one-stop partner programs in the 

21 State in serving hard-to-serve popu22 lations; or 

23 ‘‘(III) effective— 

24 ‘‘(aa) coordination of mul25 tiple systems for the one-stop 
565 

•S 1021 RS 

1 partner programs into a com2 prehensive workforce investment 

3 system, including coordination of 

4 employment services under the 

5 Wagner-Peyser Act (29 U.S.C. 49 

6 et seq.) and core services under 

7 section 134(d)(2); 

8 ‘‘(bb) expansion of access to 

9 training through the one-stop 

10 partner programs, including ex11 pansion of access through in12 creased leveraging of resources 

13 other than those provided through 

14 programs under this title; 

15 ‘‘(cc) implementation of co16 ordination activities relating to 

17 the one-stop partner programs, 

18 through agreements with relevant 

19 regional or local agencies and of20 fices, including those responsible 

21 for programs under the Adult 

22 Education and Family Literacy 

23 Act (20 U.S.C. 9201 et seq.) and 

24 the Rehabilitation Act of 1973 (29 

25 U.S.C. 701 et seq.); 
566 

•S 1021 RS 

1 ‘‘(dd) regional coordination 

2 relating to the one-stop partner 

3 programs, with other local boards 

4 or local areas; 

5 ‘‘(ee) alignment of manage6 ment information systems to inte7 grate participant information 

8 across the one-stop partner pro9 grams; or 

10 ‘‘(ff) integration of perform11 ance information systems and 

12 common measures for account13 ability across the one-stop partner 

14 programs. 

15 ‘‘(3) USE OF FUNDS.—The funds awarded to a 

16 local area under this subsection may be used to carry 

17 out activities authorized for local areas in programs 

18 carried out under this title, the Adult Education and 

19 Family Literacy Act, and the Rehabilitation Act of 

20 1973 (referred to in this subsection as ‘workforce and 

21 education programs’), and such innovative projects or 

22 programs that increase coordination and enhance 

23 service to participants in such programs, particularly 

24 hard-to-serve populations, as may be approved by the 

25 Governor, including— 
567 

•S 1021 RS 

1 ‘‘(A) activities that support business needs, 

2 especially for incumbent workers and enhancing 

3 opportunities for retention and advancement; 

4 ‘‘(B) activities that support linkages be5 tween the workforce and education programs, 

6 and secondary, postsecondary, or career and 

7 technical education programs, including activi8 ties under the Carl D. Perkins Vocational and 

9 Technical Education Act of 1998 (20 U.S.C. 

10 2301 et seq.), the Adult Education and Family 

11 Literacy Act (20 U.S.C. 9201 et seq.), and the 

12 Rehabilitation Act of 1973 (29 U.S.C. 701 et 

13 seq.); 

14 ‘‘(C) activities that support regional eco15 nomic development plans that support high16 wage, high-skill, or high-demand occupations 

17 leading to self-sufficiency; 

18 ‘‘(D) activities that coordinate the workforce 

19 and education programs with other Federal and 

20 State programs related to the workforce and edu21 cation programs; 

22 ‘‘(E) activities that support the development 

23 of an integrated performance information system 

24 that includes common measures for one-stop 

25 partner programs described in section 121; 
568 

•S 1021 RS 

1 ‘‘(F) activities that align management in2 formation systems with integrated performance 

3 information across the one-stop partner pro4 grams; 

5 ‘‘(G) activities that support activities to im6 prove performance in workforce and education 

7 programs and program coordination of workforce 

8 and education programs; or 

9 ‘‘(H) activities that leverage additional 

10 training resources, other than those provided 

11 through workforce and education programs, for 

12 adults and youth. 

13 ‘‘(4) TECHNICAL ASSISTANCE.—The Governor 

14 shall reserve 4 percent of the funds available for 

15 grants under this subsection to provide technical as16 sistance to local areas— 

17 ‘‘(A) to replicate best practices for workforce 

18 and education programs; 

19 ‘‘(B) to develop integrated performance in20 formation systems for the one-stop partner pro21 grams; 

22 ‘‘(C) to strengthen coordination between 

23 workforce and education programs, and other 

24 education programs; or 
569 

•S 1021 RS 

1 ‘‘(D) to strengthen regional economic devel2 opment.’’. 

3 (h) USE OF CORE MEASURES IN OTHER DEPARTMENT

4 OF LABOR PROGRAMS.—Section 136 (29 U.S.C. 2871) is 

5 amended by adding at the end the following: 

6 ‘‘(j) USE OF CORE INDICATORS FOR OTHER PRO7 GRAMS.—In addition to the programs carried out under 

8 chapters 4 and 5, and consistent with the requirements of 

9 the applicable authorizing laws, the Secretary shall use the 

10 indicators of performance described in subparagraphs (A) 

11 and (B) of subsection (b)(2) to assess the effectiveness of the 

12 programs described in clauses (i), (ii), and (vi) of section 

13 121(b)(1)(B) that are carried out by the Secretary.’’. 

14 (i) PREVIOUS DEFINITIONS OF CORE INDICATORS.— 

15 Section 502 (29 U.S.C. 9272) is repealed. 

16 SEC. 123. AUTHORIZATION OF APPROPRIATIONS. 

17 (a) YOUTH ACTIVITIES.—Section 137(a) (29 U.S.C. 

18 2872(a)) is amended by striking ‘‘such sums as may be nec19 essary for each of fiscal years 1999 through 2003’’ and in20 serting ‘‘such sums as may be necessary for each of fiscal 

21 years 2006 through 2011’’. 

22 (b) ADULT EMPLOYMENT AND TRAINING ACTIVI23 TIES.—Section 137(b) (29 U.S.C. 2872(b)) is amended by 

24 striking ‘‘such sums as may be necessary for each of fiscal 
570 

•S 1021 RS 

1 years 1999 through 2003’’ and inserting ‘‘such sums as may 

2 be necessary for each of fiscal years 2006 through 2011’’. 

3 (c) DISLOCATED WORKER EMPLOYMENT AND TRAIN4 ING ACTIVITIES.—Section 137(c) (29 U.S.C. 2872(c)) is 

5 amended by striking ‘‘such sums as may be necessary for 

6 each of fiscal years 1999 through 2003’’ and inserting ‘‘such 

7 sums as may be necessary for each of fiscal years 2006 

8 through 2011’’. 

9 Subtitle C—Job Corps 

10 SEC. 131. JOB CORPS. 

11 (a) ELIGIBILITY.—Section 144(3) (29 U.S.C. 2884(3)) 

12 is amended by adding at the end the following: 

13 ‘‘(F) A child eligible for assistance under 

14 section 477 of the Social Security Act (42 U.S.C. 

15 677).’’. 

16 (b) IMPLEMENTATION OF STANDARDS AND PROCE17 DURES.—Section 145(a)(3) (29 U.S.C. 2885(a)(3)) is 

18 amended— 

19 (1) in subparagraph (B), by striking ‘‘and’’ after 

20 the semicolon; 

21 (2) in subparagraph (C), by striking the period 

22 and inserting ‘‘; and’’; and 

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

24 ‘‘(D) child welfare agencies that are respon25 sible for children in foster care and children eli-
571 

•S 1021 RS 

1 gible for assistance under section 477 of the So2 cial Security Act (42 U.S.C. 677).’’. 

3 (c) INDUSTRY COUNCILS.—Section 154(b) (29 U.S.C. 

4 2894(b)) is amended— 

5 (1) in paragraph (1)(A), by striking ‘‘local and 

6 distant’’; and 

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

8 ‘‘(3) EMPLOYERS OUTSIDE OF LOCAL AREA.— 

9 The industry council may include, or otherwise pro10 vide for consultation with, employers from outside the 

11 local area who are likely to hire a significant number 

12 of enrollees from the Job Corps center. 

13 ‘‘(4) SPECIAL RULE FOR SINGLE LOCAL AREA

14 STATES.—In the case of a single local area State des15 ignated under section 116(b), the industry council 

16 shall include a representative of the State Board.’’. 

17 (d) INDICATORS OF PERFORMANCE.—Section 159 (29 

18 U.S.C. 2899) is amended— 

19 (1) in subsection (c)— 

20 (A) by striking paragraph (1) and inserting 

21 the following: 

22 ‘‘(1) PERFORMANCE INDICATORS.—The Secretary 

23 shall annually establish expected levels of performance 

24 for Job Corps centers and the Job Corps program re25 lating to each of the core indicators of performance 
572 

•S 1021 RS 

1 for youth activities identified in section 

2 136(b)(2)(A)(ii).’’; 

3 (B) in paragraph (2), by striking ‘‘meas4 ures’’ each place it appears and inserting ‘‘indi5 cators’’; and 

6 (C) in paragraph (3)— 

7 (i) in the first sentence, by striking 

8 ‘‘core performance measures, as compared to 

9 the expected performance level for each per10 formance measure’’ and inserting ‘‘perform11 ance indicators described in paragraph (1), 

12 as compared to the expected level of per13 formance established under paragraph (1) 

14 for each performance measure’’; and 

15 (ii) in the second sentence, by striking 

16 ‘‘measures’’ each place it appears and in17 serting ‘‘indicators’’; and 

18 (2) in subsection (f)(2), in the first sentence, by 

19 striking ‘‘core performance measures’’ and inserting 

20 ‘‘indicators of performance’’. 

21 (e) AUTHORIZATION OF APPROPRIATIONS.—Section 

22 161 (29 U.S.C. 2901) is amended by striking ‘‘1999 through 

23 2003’’ and inserting ‘‘2006 through 2011’’. 
573 

•S 1021 RS 

1 Subtitle D—National Programs 

2 SEC. 141. NATIVE AMERICAN PROGRAMS. 

3 (a) ADVISORY COUNCIL.—Section 166(h)(4)(C) (29 

4 U.S.C. 2911(h)(4)(C)) is amended to read as follows: 

5 ‘‘(C) DUTIES.—The Council shall advise the 

6 Secretary on the operation and administration 

7 of the programs assisted under this section, in8 cluding the selection of the individual appointed 

9 as head of the unit established under paragraph 

10 (1).’’. 

11 (b) ASSISTANCE TO UNIQUE POPULATIONS IN ALASKA

12 AND HAWAII.—Section 166(j) (29 U.S.C. 2911(j)) is 

13 amended to read as follows: 

14 ‘‘(j) ASSISTANCE TO UNIQUE POPULATIONS IN ALASKA

15 AND HAWAII.— 

16 ‘‘(1) IN GENERAL.—Notwithstanding any other 

17 provision of law, the Secretary is authorized to pro18 vide assistance to the Cook Inlet Tribal Council, In19 corporated, and the University of Hawaii at Maui, 

20 for the unique populations who reside in Alaska or 

21 Hawaii, to improve job training and workforce in22 vestment activities. 

23 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

24 There are authorized to be appropriated to carry out 
574 

•S 1021 RS 

1 this subsection such sums as may be necessary for 

2 each of fiscal years 2006 through 2011.’’. 

3 (c) PERFORMANCE INDICATORS.—Section 166 (29 

4 U.S.C. 2911) is amended by adding at the end the following: 

5 ‘‘(k) PERFORMANCE INDICATORS.— 

6 ‘‘(1) DEVELOPMENT OF INDICATORS.—The Sec7 retary, in consultation with the Native American 

8 Employment and Training Council, shall develop a 

9 set of performance indicators and standards which 

10 shall be applicable to programs under this section. 

11 ‘‘(2) SPECIAL CONSIDERATIONS.—Such perform12 ance indicators and standards shall take into ac13 count— 

14 ‘‘(A) the purpose of this section as described 

15 in subsection (a)(1); 

16 ‘‘(B) the needs of the groups served by this 

17 section, including the differences in needs among 

18 such groups in various geographic service areas; 

19 and 

20 ‘‘(C) the economic circumstances of the com21 munities served, including differences in cir22 cumstances among various geographic service 

23 areas.’’. 
575 

•S 1021 RS 

1 SEC. 142. MIGRANT AND SEASONAL FARMWORKER PRO2 GRAMS. 

3 Section 167 (29 U.S.C. 2912) is amended— 

4 (1) in subsection (a), by striking ‘‘2’’ and insert5 ing ‘‘2 to 4’’; 

6 (2) in subsection (b), by inserting ‘‘and deliver’’ 

7 after ‘‘administer’’; 

8 (3) in subsection (c)— 

9 (A) in paragraph (1), by striking ‘‘2-year’’ 

10 and inserting ‘‘4-year’’; 

11 (B) in paragraph (2)— 

12 (i) in subparagraph (A)— 

13 (I) by inserting ‘‘describe the pop14 ulation to be served and’’ before ‘‘iden15 tify’’; and 

16 (II) by inserting ‘‘, including up17 graded employment in agriculture’’ be18 fore the semicolon; 

19 (ii) in subparagraph (B), by striking 

20 ‘‘and’’ at the end; 

21 (iii) in subparagraph (C), by striking 

22 the period and inserting a semicolon; and 

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

24 ‘‘(D) describe the availability and accessi25 bility of local resources such as supportive serv26 ices, services provided through one-stop delivery 
576 

•S 1021 RS 

1 systems, and education and training services, 

2 and how the resources can be made available to 

3 the population to be served; and 

4 ‘‘(E) describe the plan for providing services 

5 under this section, including strategies and sys6 tems for outreach, case management, assessment, 

7 and delivery through one-stop delivery systems.’’; 

8 and 

9 (C) by striking paragraph (4) and inserting 

10 the following: 

11 ‘‘(4) COMPETITION.—The competition for grants 

12 made and contracts entered into under this section 

13 shall be conducted every 2 to 4 years.’’; 

14 (4) in subsection (d), by striking ‘‘include’’ and 

15 all that follows and inserting ‘‘include outreach, em16 ployment, training, educational assistance, literary 

17 assistance, English language and literacy instruction, 

18 pesticide and worker safety training, housing (includ19 ing permanent housing), supportive services, school 

20 dropout prevention activities, followup services for 

21 those individuals placed in employment, self-employ22 ment and related business or micro-enterprise devel23 opment or education as needed by eligible individuals 

24 and as identified pursuant to the plan required by 

25 subsection (c), customized career and technical edu-
577 

•S 1021 RS 

1 cation in occupations that will lead to higher wages, 

2 enhanced benefits, and long-term employment in agri3 culture or another area, and technical assistance to 

4 improve coordination of services and implement best 

5 practices relating to service delivery through one-stop 

6 delivery systems.’’; 

7 (5) in subsection (f), by striking ‘‘take into ac8 count the economic circumstances and demographics 

9 of eligible migrant and seasonal farmworkers.’’ and 

10 inserting ‘‘are adjusted based on the economic and de11 mographic barriers to employment of eligible migrant 

12 and seasonal farmworkers.’’; 

13 (6) in subsection (g), by striking ‘‘(enacted by 

14 the Single Audit Act of 1984)’’; 

15 (7) in subsection (h)— 

16 (A) by striking paragraph (1) and inserting 

17 the following: 

18 ‘‘(1) DEPENDENT.—The term ‘dependent’, used 

19 with respect to an eligible migrant or seasonal farm20 worker, means an individual who— 

21 ‘‘(A) was claimed as a dependent on the 

22 farmworker’s Federal income tax return for the 

23 previous year; 

24 ‘‘(B) is the spouse of the farmworker; or 

25 ‘‘(C) is able to establish— 
578 

•S 1021 RS 

1 ‘‘(i) a relationship as the farm2 worker’s— 

3 ‘‘(I) biological or legally adopted 

4 child, grandchild, or great-grandchild; 

5 ‘‘(II) foster child; 

6 ‘‘(III) stepchild; 

7 ‘‘(IV) brother, sister, half-brother, 

8 half-sister, stepbrother, or stepsister; 

9 ‘‘(V) parent, grandparent, or 

10 other direct ancestor (but not foster 

11 parent); 

12 ‘‘(VI) stepfather or stepmother; 

13 ‘‘(VII) uncle or aunt; 

14 ‘‘(VIII) niece or nephew; or 

15 ‘‘(IX) father-in-law, mother-in16 law, son-in-law, daughter-in-law, 

17 brother-in-law, or sister-in-law; and 

18 ‘‘(ii) the receipt of over half of the in19 dividual’s total support from the farm20 worker’s family during the eligibility deter21 mination period for the farmworker.’’; and 

22 (B) in paragraph (4)(A)— 

23 (i) by striking ‘‘disadvantaged person’’ 

24 and inserting ‘‘low-income individual’’; and 
579 

•S 1021 RS 

1 (ii) by inserting ‘‘and who faces mul2 tiple barriers to self-sufficiency’’ before the 

3 semicolon; 

4 (8) by redesignating subsection (h) as subsection 

5 (i); and 

6 (9) by inserting before subsection (i) the fol7 lowing: 

8 ‘‘(h) FUNDING ALLOCATION.—From the funds appro9 priated and made available to carry out this section, the 

10 Secretary shall reserve not more than 1 percent for discre11 tionary purposes, such as providing technical assistance to 

12 eligible entities.’’ 

13 SEC. 143. VETERANS’ WORKFORCE INVESTMENT PRO14 GRAMS. 

15 Section 168(a)(3) (29 U.S.C. 2913(a)(3)) is amend16 ed— 

17 (1) in subparagraph (A), by inserting ‘‘, includ18 ing services provided by one-stop operators and one19 stop partners’’ before the semicolon; and 

20 (2) in subparagraph (C), by striking ‘‘section 

21 134(c)’’ and inserting ‘‘section 121(e)’’. 

22 SEC. 144. YOUTH CHALLENGE GRANTS. 

23 Section 169 (29 U.S.C. 2914) is amended to read as 

24 follows: 
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•S 1021 RS 

1 ‘‘SEC. 169. YOUTH CHALLENGE GRANTS. 

2 ‘‘(a) IN GENERAL.—Of the amounts reserved by the 

3 Secretary under section 127(b)(1)(A) for a fiscal year— 

4 ‘‘(1) the Secretary shall use not less than 80 per5 cent to award competitive grants under subsection 

6 (b); and 

7 ‘‘(2) the Secretary may use not more than 20 

8 percent to award competitive grants under subsection 

9 (c). 

10 ‘‘(b) COMPETITIVE GRANTS TO STATES AND LOCAL

11 AREAS.— 

12 ‘‘(1) ESTABLISHMENT.—From the funds de13 scribed in subsection (a)(1), the Secretary shall award 

14 competitive grants to eligible entities to carry out ac15 tivities authorized under this subsection to assist eli16 gible youth in acquiring the skills, credentials, and 

17 employment experience necessary to achieve the per18 formance outcomes for youth described in section 136. 

19 ‘‘(2) ELIGIBLE ENTITY.—In this subsection, the 

20 term ‘eligible entity’ means— 

21 ‘‘(A) a State or consortium of States; 

22 ‘‘(B) a local board or consortium of local 

23 boards; 

24 ‘‘(C) a recipient of a grant under section 

25 166 (relating to Native American programs); or 
581 

•S 1021 RS 

1 ‘‘(D) a public or private entity (including 

2 a consortium of such entities) with expertise in 

3 the provision of youth activities, applying in 

4 partnership with a local board or consortium of 

5 local boards. 

6 ‘‘(3) APPLICATIONS.—To be eligible to receive a 

7 grant under this subsection, an eligible entity shall 

8 submit an application to the Secretary at such time, 

9 in such manner, and containing such information as 

10 the Secretary may require, including— 

11 ‘‘(A) a description of the activities the eligi12 ble entity will provide to eligible youth under 

13 this subsection, and how the eligible entity will 

14 collaborate with State and local workforce invest15 ment systems established under this title in the 

16 provision of such activities; 

17 ‘‘(B) a description of the programs of dem18 onstrated effectiveness on which the provision of 

19 the activities under subparagraph (A) are based, 

20 and a description of how such activities will ex21 pand the base of knowledge relating to the provi22 sion of activities for youth; 

23 ‘‘(C) a description of the State, local, and 

24 private resources that will be leveraged to pro25 vide the activities described under subparagraph 
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•S 1021 RS 

1 (A) in addition to funds provided under this 

2 subsection, and a description of the extent of the 

3 involvement of employers in the activities; 

4 ‘‘(D) the levels of performance the eligible 

5 entity expects to achieve with respect to the indi6 cators of performance for youth specified in sec7 tion 136(b)(2)(A)(ii); and 

8 ‘‘(E) an assurance that the State board of 

9 each State in which the proposed activities are 

10 to be carried out had the opportunity to review 

11 the application, and including the comments, if 

12 any, of the affected State boards on the applica13 tion, except that this subparagraph shall not 

14 apply to an eligible entity described in para15 graph (2)(C). 

16 ‘‘(4) FACTORS FOR AWARD.— 

17 ‘‘(A) IN GENERAL.—In awarding grants 

18 under this subsection the Secretary shall con19 sider— 

20 ‘‘(i) the quality of the proposed activi21 ties; 

22 ‘‘(ii) the goals to be achieved; 

23 ‘‘(iii) the likelihood of successful imple24 mentation; 
583 

•S 1021 RS 

1 ‘‘(iv) the extent to which the proposed 

2 activities are based on proven strategies or 

3 the extent to which the proposed activities 

4 will expand the base of knowledge relating 

5 to the provision of activities for eligible 

6 youth; 

7 ‘‘(v) the extent of collaboration with the 

8 State and local workforce investment sys9 tems in carrying out the proposed activities; 

10 ‘‘(vi) the extent of employer involve11 ment in the proposed activities; 

12 ‘‘(vii) whether there are other Federal 

13 and non-Federal funds available for similar 

14 activities to the proposed activities, and the 

15 additional State, local, and private re16 sources that will be provided to carry out 

17 the proposed activities; 

18 ‘‘(viii) the quality of the proposed ac19 tivities in meeting the needs of the eligible 

20 youth to be served; and 

21 ‘‘(ix) the extent to which the proposed 

22 activities will expand on services provided 

23 under section 127. 

24 ‘‘(B) EQUITABLE GEOGRAPHIC DISTRIBU25 TION.—In awarding grants under this subsection 
584 

•S 1021 RS 

1 the Secretary shall ensure an equitable distribu2 tion of such grants across geographically diverse 

3 areas. 

4 ‘‘(5) USE OF FUNDS.— 

5 ‘‘(A) IN GENERAL.—An eligible entity that 

6 receives a grant under this subsection shall use 

7 the grant funds to carry out activities that are 

8 designed to assist eligible youth in acquiring the 

9 skills, credentials, and employment experience 

10 that are necessary to succeed in the labor market, 

11 including the activities identified in section 129. 

12 ‘‘(B) ACTIVITIES.—The activities carried 

13 out pursuant to subparagraph (A) may include 

14 the following: 

15 ‘‘(i) Training and internships for out16 of-school youth in sectors of the economy ex17 periencing, or projected to experience, high 

18 growth. 

19 ‘‘(ii) Dropout prevention activities for 

20 in-school youth. 

21 ‘‘(iii) Activities designed to assist spe22 cial youth populations, such as court-in23 volved youth and youth with disabilities. 

24 ‘‘(iv) Activities combining remediation 

25 of academic skills, work readiness training, 
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1 and work experience, and including link2 ages to postsecondary education, apprentice3 ships, and career-ladder employment. 

4 ‘‘(v) Activities, including work experi5 ence, paid internships, and entrepreneurial 

6 training, in areas where there is a migra7 tion of youth out of the areas. 

8 ‘‘(C) PARTICIPANT ELIGIBILITY.—Youth 

9 who are 14 years of age through 21 years of age, 

10 as of the time the eligibility determination is 

11 made, may be eligible to participate in activities 

12 carried out under this subsection. 

13 ‘‘(6) GRANT PERIOD.—The Secretary shall make 

14 a grant under this subsection for a period of 2 years 

15 and may renew the grant, if the eligible entity has 

16 performed successfully, for a period of not more than 

17 3 succeeding years. 

18 ‘‘(7) MATCHING FUNDS REQUIRED.—The Sec19 retary shall require that an eligible entity that re20 ceives a grant under this subsection provide non-Fed21 eral matching funds in an amount to be determined 

22 by the Secretary that is not less than 10 percent of 

23 the cost of activities carried out under the grant. The 

24 Secretary may require that such non-Federal match25 ing funds be provided in cash resources, noncash re-
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1 sources, or a combination of cash and noncash re2 sources. 

3 ‘‘(8) EVALUATION.—The Secretary shall reserve 

4 not more than 3 percent of the funds described in sub5 section (a)(1) to provide technical assistance to, and 

6 conduct evaluations of (using appropriate techniques 

7 as described in section 172(c)), the projects funded 

8 under this subsection. 

9 ‘‘(c) COMPETITIVE FIRST JOBS FOR YOUTH.— 

10 ‘‘(1) ELIGIBLE ENTITY.—In this subsection, the 

11 term ‘eligible entity’ means a consortium that— 

12 ‘‘(A) shall include— 

13 ‘‘(i)(I) a State board; or 

14 ‘‘(II) a local board; and 

15 ‘‘(ii) a consortium of businesses, in16 cluding small businesses; 

17 ‘‘(B) may include 1 or more— 

18 ‘‘(i) local educational agencies; 

19 ‘‘(ii) institutions of higher education; 

20 ‘‘(iii) business intermediaries; 

21 ‘‘(iv) community-based organizations; 

22 or 

23 ‘‘(v) entities carrying out programs 

24 under the Act of August 16, 1937 (com25 monly known as the ‘National Apprentice-
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1 ship Act’; 50 Stat. 664, chapter 663; 29 

2 U.S.C. 50 et seq.); and 

3 ‘‘(C) submits an application under para4 graph (3). 

5 ‘‘(2) AUTHORIZATION.—From the funds de6 scribed in subsection (a)(2), the Secretary may award 

7 grants to eligible entities to provide activities that 

8 will assist youth in preparing for, entering, and re9 taining employment. 

10 ‘‘(3) APPLICATIONS.—To be eligible to receive a 

11 grant under this subsection, an entity shall submit an 

12 application to the Secretary at such time, in such 

13 manner, and containing such information as the Sec14 retary may require, including— 

15 ‘‘(A) a description of the area to be served, 

16 including information demonstrating that the 

17 area has— 

18 ‘‘(i) high unemployment among indi19 viduals ages 16 through 21; 

20 ‘‘(ii) high unemployment among youth 

21 who are individuals with disabilities; or 

22 ‘‘(iii) high job loss; 

23 ‘‘(B) a description of the proposed program, 

24 including activities, compensation, and expected 

25 outcomes; 
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1 ‘‘(C) an assurance that the participating 

2 employers in the proposed program are located 

3 in the area to be served, and a demonstration of 

4 the commitment of the participating employers 

5 to hire individuals who— 

6 ‘‘(i) have successfully completed the 

7 program; or 

8 ‘‘(ii) continue to work in the program; 

9 ‘‘(D) demographic information about the 

10 targeted populations to be served by the proposed 

11 program, including information on gender, age, 

12 and race; 

13 ‘‘(E) a description of how the proposed pro14 gram will address the barriers to employment of 

15 the targeted populations; 

16 ‘‘(F) a description of the manner in which 

17 the eligible entity will evaluate the program; and 

18 ‘‘(G) a description of the ability of the eligi19 ble entity to carry out and expand the program 

20 after the expiration of the grant period. 

21 ‘‘(4) EQUITABLE DISTRIBUTION TO RURAL

22 AREAS.—In awarding grants under this subsection, 

23 the Secretary shall ensure an equitable distribution of 

24 such grants to rural areas. 

25 ‘‘(5) USE OF FUNDS.— 
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1 ‘‘(A) IN GENERAL.—An eligible entity that 

2 receives a grant under this subsection shall use 

3 the grant funds to carry out— 

4 ‘‘(i) activities that will assist youth in 

5 preparing for, entering, and retaining em6 ployment, including the activities described 

7 in section 129 for out-of-school youth (as de8 fined in section 129(a)); 

9 ‘‘(ii) activities designed to strengthen 

10 academic skills that would assist— 

11 ‘‘(I) in-school youth (as so de12 fined) to be successful in secondary 

13 school and continue such participants’ 

14 education; and 

15 ‘‘(II) out-of-school youth (as so de16 fined) to earn a high school diploma or 

17 its recognized equivalent, or prepare 

18 for postsecondary programs; 

19 ‘‘(iii) activities designed to assist youth 

20 in economically distressed areas; 

21 ‘‘(iv) subsidized employment for not 

22 more than 9 months that provides direct ex23 perience in a sector that has opportunities 

24 for full-time employment; 
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1 ‘‘(v) career and academic advisement, 

2 activities to promote financial literacy and 

3 the attainment of entrepreneurial skills, and 

4 provision of labor market information on 

5 high-skill, high-wage, and nontraditional 

6 occupations; and 

7 ‘‘(vi) such other activities as the Sec8 retary determines are appropriate to ensure 

9 that youth entering the workforce have the 

10 skills needed by employers. 

11 ‘‘(B) PARTICIPANT ELIGIBILITY.—An indi12 vidual who is not younger than 16 years of age 

13 and not older than 21 years of age, as of the 

14 time the eligibility determination is made, who 

15 faces barriers to employment, including an indi16 vidual who is an individual with a disability, 

17 may be eligible to participate in activities under 

18 this subsection. 

19 ‘‘(6) SPECIAL RULE.—An eligible entity that re20 ceives a grant under this subsection shall coordinate 

21 activities with the designated State agency (as defined 

22 in section 7 of the Rehabilitation Act of 1973 (29 

23 U.S.C. 705)) and other appropriate State agencies in 

24 the State to be served. 
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1 ‘‘(7) MATCHING FUNDS REQUIRED.—The Sec2 retary shall require that an eligible entity that re3 ceives a grant under this subsection provide non-Fed4 eral matching funds in an amount to be determined 

5 by the Secretary that is not less than 10 percent of 

6 the cost of activities carried out with assistance pro7 vided under the grant. The Secretary may require 

8 that such non-Federal matching funds be provided in 

9 cash resources, noncash resources, or a combination of 

10 cash and noncash resources. 

11 ‘‘(8) EVALUATIONS.—The Secretary may require 

12 that an eligible entity that receives a grant under this 

13 subsection participate in an evaluation of activities 

14 carried out under this subsection, including an eval15 uation using the techniques described in section 

16 172(c).’’. 

17 SEC. 145. TECHNICAL ASSISTANCE. 

18 Section 170 (29 U.S.C. 2915) is amended— 

19 (1) in subsection (a)(1), by— 

20 (A) inserting ‘‘the training of staff pro21 viding rapid response services, the training of 

22 other staff of recipients of funds under this title, 

23 the training of members of State boards and 

24 local boards, peer review activities under this 

25 title,’’ after ‘‘localities,’’; and 
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1 (B) striking ‘‘from carrying out activities’’ 

2 and all that follows through the period and in3 serting ‘‘to implement the amendments made by 

4 the Workforce Investment Act Amendments of 

5 2005.’’; 

6 (2) in subsection (a)(2), by adding at the end the 

7 following: ‘‘The Secretary shall also hire staff quali8 fied to provide the assistance described in paragraph 

9 (1).’’; 

10 (3) in subsection (b)(2), by striking the last sen11 tence and inserting ‘‘Such projects shall be adminis12 tered by the Employment and Training Administra13 tion.’’; and 

14 (4) by adding at the end the following: 

15 ‘‘(c) BEST PRACTICES COORDINATION.—The Secretary 

16 shall— 

17 ‘‘(1) establish a system through which States 

18 may share information regarding best practices with 

19 regard to the operation of workforce investment ac20 tivities under this Act; 

21 ‘‘(2) evaluate and disseminate information re22 garding best practices and identify knowledge gaps; 

23 and 
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1 ‘‘(3) commission research under section 171(c) to 

2 address knowledge gaps identified under paragraph 

3 (2).’’. 

4 SEC. 146. DEMONSTRATION, PILOT, MULTISERVICE, RE5 SEARCH, AND MULTISTATE PROJECTS. 

6 (a) DEMONSTRATION AND PILOT PROJECTS.—Section 

7 171(b) (29 U.S.C. 2916(b)) is amended— 

8 (1) in paragraph (1)— 

9 (A) by striking ‘‘Under a’’ and inserting 

10 ‘‘Consistent with the priorities specified in the’’; 

11 (B) by redesignating subparagraphs (F) 

12 through (H) as subparagraphs (G) through (I), 

13 respectively; 

14 (C) by striking subparagraphs (A) through 

15 (E) and inserting the following: 

16 ‘‘(A) projects that assist national employers 

17 in connecting with the workforce investment sys18 tem established under this title in order to facili19 tate the recruitment and employment of needed 

20 workers for career ladder jobs and to provide in21 formation to such system on skills and occupa22 tions in demand; 

23 ‘‘(B) projects that promote the development 

24 of systems that will improve the maximum effec25 tiveness of programs carried out under this title; 
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1 ‘‘(C) projects that focus on opportunities for 

2 employment in industries and sectors of indus3 tries that are experiencing, or are likely to expe4 rience, high rates of growth and jobs with wages 

5 leading to self-sufficiency; 

6 ‘‘(D) projects that focus on collaborations 

7 among local boards, institutions of higher edu8 cation, medical facilities, and other community 

9 stakeholders, to promote opportunities for dis10 located workers to receive training and related 

11 services for employment in the high-demand 

12 health care sector; 

13 ‘‘(E) computerized, individualized, self14 paced training projects targeted to dislocated, 

15 disadvantaged, or incumbent workers utilizing 

16 equipment and curriculum designed in partner17 ship with industries for employment in the oper18 ations, repair, and maintenance of high-tech 

19 equipment that is used in integrated systems 

20 technology; 

21 ‘‘(F) projects carried out by States and 

22 local areas to test innovative approaches to deliv23 ering employment-related services;’’; 
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1 (D) in subparagraph (H) (as redesignated 

2 by subparagraph (B)), by striking ‘‘and’’ after 

3 the semicolon; and 

4 (E) by striking subparagraph (I) (as redes5 ignated by subparagraph (B)), and inserting the 

6 following: 

7 ‘‘(I) projects that provide retention grants, 

8 which shall— 

9 ‘‘(i) be made to qualified job training 

10 programs offering instruction, assessment, 

11 or professional coaching, upon placement of 

12 a low-income individual trained by the pro13 gram involved in employment with an em14 ployer and retention of the low-income indi15 vidual in that employment with that em16 ployer for a period of 1 year, if that em17 ployment provides the low-income indi18 vidual with an annual salary— 

19 ‘‘(I) that is at least $10,000 more 

20 than the individual’s federally adjusted 

21 income for the previous year; and 

22 ‘‘(II) that is not less than twice 

23 the poverty line applicable to the indi24 vidual; and 
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1 ‘‘(ii) be made taking into account the 

2 economic benefit received by the Federal 

3 Government from the employment and re4 tention of the individual, including the eco5 nomic benefit from tax revenue and de6 creased public subsidies; 

7 ‘‘(J) targeted innovation projects that im8 prove access to and delivery of employment and 

9 training services, with emphasis given to projects 

10 that incorporate advanced technologies to facili11 tate the connection of individuals to the informa12 tion and tools the individuals need to upgrade 

13 skills; 

14 ‘‘(K) projects that promote the use of dis15 tance learning, enabling students to take courses 

16 through the use of media technology such as vid17 eos, teleconferencing computers, and the Internet; 

18 and 

19 ‘‘(L) projects that provide comprehensive 

20 education and training services, and support 

21 services, in coordination with local boards, for 

22 populations in targeted high poverty areas where 

23 the greatest barriers to employment exist, includ24 ing ex-offenders, out-of-school youth, and public 

25 assistance recipient populations.’’; and 
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1 (2) in paragraph (2)— 

2 (A) by striking subparagraph (B); and 

3 (B) by redesignating subparagraph (C) as 

4 subparagraph (B). 

5 (b) MULTISERVICE PROJECTS.—Section 171(c)(2)(B) 

6 (29 U.S.C. 2916(c)(2)(B)) is amended to read as follows: 

7 ‘‘(B) STUDIES AND REPORTS.— 

8 ‘‘(i) NET IMPACT STUDIES AND RE9 PORTS.— 

10 ‘‘(I) IN GENERAL.—The Secretary, 

11 in coordination with the Secretary of 

12 Education, shall conduct studies to de13 termine the net impacts of, including 

14 best practices of, programs, services, 

15 and activities carried out under this 

16 title. 

17 ‘‘(II) REPORTS.—The Secretary 

18 shall prepare and disseminate to the 

19 public reports containing the results of 

20 the studies conducted under subclause 

21 (I). 

22 ‘‘(ii) STUDY ON RESOURCES AVAILABLE

23 TO ASSIST OUT-OF-SCHOOL YOUTH.—The 

24 Secretary, in coordination with the Sec25 retary of Education, may conduct a study 
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1 examining the resources available at the 

2 Federal, State, and local levels to assist out3 of-school youth in obtaining the skills, cre4 dentials, and work experience necessary to 

5 become successfully employed, including the 

6 availability of funds provided through aver7 age daily attendance and other methodolo8 gies used by States and local areas to dis9 tribute funds. 

10 ‘‘(iii) STUDY OF INDUSTRY-BASED CER11 TIFICATION AND CREDENTIALS.— 

12 ‘‘(I) IN GENERAL.—The Secretary 

13 shall conduct a study concerning the 

14 role and benefits of credentialing and 

15 certification to businesses and workers 

16 in the economy and the implications of 

17 certification to the services provided 

18 through the workforce investment sys19 tem. The study may examine issues 

20 such as— 

21 ‘‘(aa) the characteristics of 

22 successful credentialing and cer23 tification systems that serve busi24 ness and individual needs; 
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1 ‘‘(bb) the relative proportions 

2 of certificates and credentials at3 tained with assistance from the 

4 public sector, with private-sector 

5 training of new hires or incum6 bent workers, and by individuals 

7 on their own initiative without 

8 other assistance, respectively; 

9 ‘‘(cc) the return on human 

10 capital investments from occupa11 tional credentials and industry12 based skill certifications, includ13 ing the extent to which acquisi14 tion of such credentials or certifi15 cates enhances outcomes such as 

16 entry into employment, retention, 

17 earnings (including the number 

18 and amount of wage increases), 

19 career advancement, and layoff 

20 aversion; 

21 ‘‘(dd) the implications of the 

22 effects of skill certifications and 

23 credentials to the types and deliv24 ery of services provided through 

25 the workforce investment system; 
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1 ‘‘(ee) the role that Federal 

2 and State governments play in 

3 fostering the development of and 

4 disseminating credentials and 

5 skill standards; and 

6 ‘‘(ff) the use of credentials by 

7 businesses to achieve goals for 

8 workforce skill upgrading and 

9 greater operating efficiency. 

10 ‘‘(II) REPORT TO CONGRESS.— 

11 The Secretary shall prepare and sub12 mit to Congress a report containing 

13 the results of the study conducted pur14 suant to subclause (I). Such report 

15 may include any recommendations 

16 that the Secretary determines are ap17 propriate to include in such report re18 lating to promoting the acquisition of 

19 industry-based certification and cre20 dentials, and the appropriate role of 

21 the Department of Labor and the work22 force investment system in supporting 

23 the needs of business and individuals 

24 with respect to such certification and 

25 credentials. 
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1 ‘‘(iv) STUDY OF EFFECTIVENESS OF

2 WORKFORCE INVESTMENT SYSTEM IN MEET3 ING BUSINESS NEEDS.— 

4 ‘‘(I) IN GENERAL.—Using funds 

5 available to carry out this section 

6 jointly with funds available to the Sec7 retary of Commerce and Administrator 

8 of the Small Business Administration, 

9 the Secretary, in coordination with the 

10 Secretary of Commerce and the Ad11 ministrator of the Small Business Ad12 ministration, may conduct a study of 

13 the effectiveness of the workforce invest14 ment system in meeting the needs of 

15 business, with particular attention to 

16 the needs of small business, including 

17 in assisting workers to obtain the skills 

18 needed to utilize emerging technologies. 

19 In conducting the study, the Secretary, 

20 in coordination with the Secretary of 

21 Commerce and the Administrator of 

22 the Small Business Administration, 

23 may examine issues such as— 

24 ‘‘(aa) methods for identifying 

25 the workforce needs of businesses 
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1 and how the requirements of small 

2 businesses may differ from larger 

3 establishments; 

4 ‘‘(bb) business satisfaction 

5 with the workforce investment sys6 tem, with particular emphasis on 

7 the satisfaction of small busi8 nesses; 

9 ‘‘(cc) the extent to which 

10 business is engaged as a collabo11 rative partner in the workforce 

12 investment system, including the 

13 extent of business involvement as 

14 members of State boards and local 

15 boards, and the extent to which 

16 such boards and one-stop centers 

17 effectively collaborate with busi18 ness and industry leaders in de19 veloping workforce investment 

20 strategies, including strategies to 

21 identify high growth opportuni22 ties; 

23 ‘‘(dd) ways in which the 

24 workforce investment system ad25 dresses changing skill needs of 
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1 business that result from changes 

2 in technology and work processes; 

3 ‘‘(ee) promising practices for 

4 serving small businesses; 

5 ‘‘(ff) the extent and manner 

6 in which the workforce investment 

7 system uses technology to serve 

8 business and individual needs, 

9 and how uses of technology could 

10 enhance efficiency and effective11 ness in providing services; and 

12 ‘‘(gg) the extent to which var13 ious segments of the labor force 

14 have access to and utilize tech15 nology to locate job openings and 

16 apply for jobs, and characteristics 

17 of individuals utilizing such tech18 nology (such as age, gender, race 

19 or ethnicity, industry sector, and 

20 occupational groups). 

21 ‘‘(II) REPORT TO CONGRESS.— 

22 The Secretary shall prepare and sub23 mit to Congress a report containing 

24 the results of the study described in 

25 subclause (I). Such report may include 
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1 any recommendations the Secretary de2 termines are appropriate to include in 

3 such report, including ways to enhance 

4 the effectiveness of the workforce invest5 ment system in meeting the needs of 

6 business for skilled workers.’’. 

7 (c) ADMINISTRATION.—Section 171(d) (29 U.S.C. 

8 2916(d)) is amended by striking the last sentence and in9 serting the following: ‘‘Such projects shall be administered 

10 by the Employment and Training Administration.’’. 

11 (d) NEXT GENERATION TECHNOLOGIES.—Section 171 

12 (29 U.S.C. 2916) is amended by adding at the end the fol13 lowing: 

14 ‘‘(e) SKILL CERTIFICATION PILOT PROJECTS.— 

15 ‘‘(1) PILOT PROJECTS.—In accordance with sub16 section (b) and from funds appropriated pursuant to 

17 paragraph (10), the Secretary shall establish and 

18 carry out not more than 10 pilot projects to establish 

19 a system of industry-validated national certifications 

20 of skills, including— 

21 ‘‘(A) not more than 8 national certifications 

22 of skills in high-technology industries, including 

23 biotechnology, telecommunications, highly auto24 mated manufacturing (including semiconduc-
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1 tors), nanotechnology, and energy technology; 

2 and 

3 ‘‘(B) not more than 2 cross-disciplinary na4 tional certifications of skills in homeland secu5 rity technology. 

6 ‘‘(2) GRANTS TO ELIGIBLE ENTITIES.—In car7 rying out the pilot projects, the Secretary shall make 

8 grants to eligible entities, for periods of not less than 

9 36 months and not more than 48 months, to carry out 

10 the authorized activities described in paragraph (7) 

11 with respect to the certifications described in para12 graph (1). In awarding grants under this subsection 

13 the Secretary shall take into consideration awarding 

14 grants to eligible entities from diverse geographic 

15 areas, including rural areas. 

16 ‘‘(3) ELIGIBLE ENTITIES.— 

17 ‘‘(A) DEFINITION OF ELIGIBLE ENTITY.—In 

18 this subsection the term ‘eligible entity’ means 

19 an entity that shall work in conjunction with a 

20 local board and shall include as a principal par21 ticipant 1 or more of the following: 

22 ‘‘(i) An educational institution, in23 cluding a 2- or 4-year college, or a technical 

24 or vocational school. 
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1 ‘‘(ii) An advanced technology edu2 cation center. 

3 ‘‘(iii) A local board. 

4 ‘‘(iv) A representative of a business in 

5 a target industry for the certification in6 volved. 

7 ‘‘(v) A representative of an industry 

8 association, labor organization, or commu9 nity development organization. 

10 ‘‘(B) HISTORY OF DEMONSTRATED CAPA11 BILITY REQUIRED.—To be eligible to receive a 

12 grant under this subsection, an eligible entity 

13 shall have a history of demonstrated capability 

14 for effective collaboration with industry on work15 force investment activities that is consistent with 

16 the objectives of this title. 

17 ‘‘(4) APPLICATIONS.—To be eligible to receive a 

18 grant under this subsection, an eligible entity shall 

19 submit an application to the Secretary at such time, 

20 in such manner, and containing such information as 

21 the Secretary may require. 

22 ‘‘(5) CRITERIA.—The Secretary shall establish 

23 criteria, consistent with paragraph (6), for awarding 

24 grants under this subsection. 
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1 ‘‘(6) PRIORITY.—In selecting eligible entities to 

2 receive grants under this subsection, the Secretary 

3 shall give priority to eligible entities that demonstrate 

4 the availability of and ability to provide matching 

5 funds from industry or nonprofit sources. Such 

6 matching funds may be provided in cash or in kind. 

7 ‘‘(7) AUTHORIZED ACTIVITIES.— 

8 ‘‘(A) IN GENERAL.—An eligible entity that 

9 receives a grant under this subsection shall use 

10 the funds made available through the grant— 

11 ‘‘(i) to facilitate the establishment of 

12 certification requirements for a certification 

13 described in paragraph (1) for an industry; 

14 ‘‘(ii) to develop and initiate a certifi15 cation program that includes preparatory 

16 courses, course materials, procedures, and 

17 examinations, for the certification; and 

18 ‘‘(iii) to collect and analyze data re19 lated to the program at the program’s com20 pletion, and to identify best practices (con21 sistent with paragraph (8)) that may be 

22 used by State and local workforce invest23 ment boards in the future. 

24 ‘‘(B) BASIS FOR REQUIREMENTS.—The cer25 tification requirements established under the 
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1 grant shall be based on applicable skill standards 

2 for the industry involved that have been devel3 oped by or linked to national centers of excellence 

4 under the National Science Foundation’s Ad5 vanced Technological Education Program. The 

6 requirements shall require an individual to dem7 onstrate an identifiable set of competencies rel8 evant to the industry in order to receive certifi9 cation. The requirements shall be designed to 

10 provide evidence of a transferable skill set that 

11 allows flexibility and mobility of workers within 

12 a high technology industry. 

13 ‘‘(C) RELATIONSHIP TO TRAINING AND EDU14 CATION PROGRAMS.—The eligible entity shall en15 sure that— 

16 ‘‘(i) a training and education program 

17 related to competencies for the industry in18 volved, that is flexible in mode and time19 frame for delivery and that meets the needs 

20 of those seeking the certification, is offered; 

21 and 

22 ‘‘(ii) the certification program is of23 fered at the completion of the training and 

24 education program. 
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1 ‘‘(D) RELATIONSHIP TO THE ASSOCIATE

2 DEGREE.—The eligible entity shall ensure that 

3 the certification program is consistent with the 

4 requirements for a 2-year associate degree. 

5 ‘‘(E) AVAILABILITY.—The eligible entity 

6 shall ensure that the certification program is 

7 open to students pursuing associate degrees, em8 ployed workers, and displaced workers. 

9 ‘‘(8) CONSULTATION.—The Secretary shall con10 sult with the Director of the National Science Foun11 dation to ensure that the pilot projects build on the 

12 expertise and information about best practices gained 

13 through the implementation of the National Science 

14 Foundation’s Advanced Technological Education Pro15 gram. 

16 ‘‘(9) CORE COMPONENTS; GUIDELINES; RE17 PORTS.—After collecting and analyzing the data ob18 tained from the pilot programs, the Secretary shall— 

19 ‘‘(A) establish the core components of a 

20 model high-technology certification program; 

21 ‘‘(B) establish guidelines to assure develop22 ment of a uniform set of standards and policies 

23 for such programs; 

24 ‘‘(C) prepare and submit a report on the 

25 pilot projects to the Committee on Health, Edu-
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1 cation, Labor, and Pensions of the Senate and 

2 the Committee on Education and the Workforce 

3 of the House of Representatives; and 

4 ‘‘(D) make available to the public both the 

5 data and the report. 

6 ‘‘(10) AUTHORIZATION OF APPROPRIATIONS.—In 

7 addition to amounts authorized to be appropriated 

8 under section 174(b), there is authorized to be appro9 priated $30,000,000 for fiscal year 2006 to carry out 

10 this subsection.’’. 

11 (e) INTEGRATED WORKFORCE TRAINING PROGRAMS

12 FOR ADULTS WITH LIMITED ENGLISH PROFICIENCY.—Sec13 tion 171 (29 U.S.C. 2916), as amended by subsection (d), 

14 is further amended by adding at the end the following: 

15 ‘‘(f) INTEGRATED WORKFORCE TRAINING PROGRAMS

16 FOR ADULTS WITH LIMITED ENGLISH PROFICIENCY.— 

17 ‘‘(1) DEFINITIONS.—In this subsection: 

18 ‘‘(A) INTEGRATED WORKFORCE TRAINING.— 

19 The term ‘integrated workforce training’ means 

20 training that integrates occupational skills 

21 training with language acquisition. 

22 ‘‘(B) SECRETARY.—The term ‘Secretary’ 

23 means the Secretary of Labor in consultation 

24 with the Secretary of Education. 
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1 ‘‘(2) DEMONSTRATION PROJECT.—In accordance 

2 with subsection (b) and from funds appropriated pur3 suant to paragraph (11), the Secretary shall establish 

4 and implement a national demonstration project de5 signed to both analyze and provide data on workforce 

6 training programs that integrate English language 

7 acquisition and occupational training. 

8 ‘‘(3) GRANTS.— 

9 ‘‘(A) IN GENERAL.—In carrying out the 

10 demonstration project, the Secretary shall make 

11 not less than 10 grants, on a competitive basis, 

12 to eligible entities to provide the integrated work13 force training programs. In awarding grants 

14 under this subsection the Secretary shall take 

15 into consideration awarding grants to eligible 

16 entities from diverse geographic areas, including 

17 rural areas. 

18 ‘‘(B) PERIODS.—The Secretary shall make 

19 the grants for periods of not less than 24 months 

20 and not more than 48 months. 

21 ‘‘(4) ELIGIBLE ENTITIES.— 

22 ‘‘(A) IN GENERAL.—To be eligible to receive 

23 a grant under this subsection, an eligible entity 

24 shall work in conjunction with a local board and 
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1 shall include as a principal participant 1 or 

2 more of the following: 

3 ‘‘(i) An employer or employer associa4 tion. 

5 ‘‘(ii) A nonprofit provider of English 

6 language instruction. 

7 ‘‘(iii) A provider of occupational or 

8 skills training. 

9 ‘‘(iv) A community-based organization. 

10 ‘‘(v) An educational institution, in11 cluding a 2- or 4-year college, or a technical 

12 or vocational school. 

13 ‘‘(vi) A labor organization. 

14 ‘‘(vii) A local board. 

15 ‘‘(B) EXPERTISE.—To be eligible to receive 

16 a grant under this subsection, an eligible entity 

17 shall have proven expertise in— 

18 ‘‘(i) serving individuals with limited 

19 English proficiency, including individuals 

20 with lower levels of oral and written 

21 English; and 

22 ‘‘(ii) providing workforce programs 

23 with training and English language in24 struction. 

25 ‘‘(5) APPLICATIONS.— 
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1 ‘‘(A) IN GENERAL.—To be eligible to receive 

2 a grant under this subsection, an eligible entity 

3 shall submit an application to the Secretary at 

4 such time, in such manner, and containing such 

5 information as the Secretary may require. 

6 ‘‘(B) CONTENTS.—Each application sub7 mitted under subparagraph (A) shall— 

8 ‘‘(i) contain information, including ca9 pability statements, that demonstrates that 

10 the eligible entity has the expertise described 

11 in paragraph (4)(B); and 

12 ‘‘(ii) include an assurance that the 

13 program to be assisted shall— 

14 ‘‘(I) establish a generalized adult 

15 bilingual workforce training and edu16 cation model that integrates English 

17 language acquisition and occupational 

18 training, and incorporates the unique 

19 linguistic and cultural factors of the 

20 participants; 

21 ‘‘(II) establish a framework by 

22 which the employer, employee, and 

23 other relevant members of the eligible 

24 entity can create a career development 

25 and training plan that assists both the 
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1 employer and the employee to meet 

2 their long-term needs; 

3 ‘‘(III) ensure that the framework 

4 established under subclause (II) takes 

5 into consideration the knowledge, skills, 

6 and abilities of the employee with re7 spect to both the current and economic 

8 conditions of the employer and future 

9 labor market conditions relevant to the 

10 local area; and 

11 ‘‘(IV) establish identifiable meas12 ures so that the progress of the em13 ployee and employer and the relative 

14 efficacy of the program can be evalu15 ated and best practices identified. 

16 ‘‘(6) CRITERIA.—The Secretary shall establish 

17 criteria for awarding grants under this subsection. 

18 ‘‘(7) INTEGRATED WORKFORCE TRAINING PRO19 GRAMS.— 

20 ‘‘(A) PROGRAM COMPONENTS.— 

21 ‘‘(i) REQUIRED COMPONENTS.—Each 

22 program that receives funding under this 

23 subsection shall— 

24 ‘‘(I) test an individual’s English 

25 language proficiency levels to assess 
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1 oral and literacy gains from the begin2 ning and throughout program enroll3 ment; 

4 ‘‘(II) combine training specific to 

5 a particular occupation or occupa6 tional cluster, with— 

7 ‘‘(aa) English language in8 struction, such as instruction 

9 through an English as a Second 

10 Language program, or an English 

11 for Speakers of Other Languages 

12 program; 

13 ‘‘(bb) basic skills instruction; 

14 and 

15 ‘‘(cc) supportive services; 

16 ‘‘(III) effectively integrate public 

17 and private sector entities, including 

18 the local workforce investment system 

19 and its functions, to achieve the goals 

20 of the program; and 

21 ‘‘(IV) require matching or in-kind 

22 resources from private and nonprofit 

23 entities. 

24 ‘‘(ii) PERMISSIBLE COMPONENTS.—The 

25 program may offer other services, as nec-
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1 essary to promote successful participation 

2 and completion, including work-based 

3 learning, substance abuse treatment, and 

4 mental health services. 

5 ‘‘(B) GOAL.—Each program that receives 

6 funding under this subsection shall be designed 

7 to prepare limited English proficient adults for, 

8 and place such adults in employment in, grow9 ing industries with identifiable career ladder 

10 paths. 

11 ‘‘(C) PROGRAM TYPES.—In selecting pro12 grams to receive funding under this subsection, 

13 the Secretary shall select programs that meet 1 

14 or more of the following criteria: 

15 ‘‘(i) A program that— 

16 ‘‘(I) serves unemployed, limited 

17 English proficient individuals with 

18 significant work experience or substan19 tial education but persistently low 

20 wages; and 

21 ‘‘(II) aims to prepare such indi22 viduals for, and place such individuals 

23 in, higher paying employment, defined 

24 for purposes of this subparagraph as 

25 employment that provides at least 75 
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1 percent of the median wage in the local 

2 area. 

3 ‘‘(ii) A program that— 

4 ‘‘(I) serves limited English pro5 ficient individuals with lower levels of 

6 oral and written fluency, who are 

7 working but at persistently low wages; 

8 and 

9 ‘‘(II) aims to prepare such indi10 viduals for, and place such individuals 

11 in, higher paying employment, through 

12 services provided at the worksite, or at 

13 a location central to several work sites, 

14 during work hours. 

15 ‘‘(iii) A program that— 

16 ‘‘(I) serves unemployed, limited 

17 English proficient individuals with 

18 lower levels of oral and written flu19 ency, who have little or no work expe20 rience; and 

21 ‘‘(II) aims to prepare such indi22 viduals for, and place such individuals 

23 in, employment through services that 

24 include subsidized employment, in ad-
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1 dition to the components required in 

2 subparagraph (A)(i). 

3 ‘‘(iv) A program that includes funds 

4 from private and nonprofit entities. 

5 ‘‘(D) PROGRAM APPROACHES.—In selecting 

6 programs to receive funding under this sub7 section, the Secretary shall select programs with 

8 different approaches to integrated workforce 

9 training, in different contexts, in order to obtain 

10 comparative data on multiple approaches to in11 tegrated workforce training and English lan12 guage instruction, to ensure programs are tai13 lored to characteristics of individuals with vary14 ing skill levels, and to assess how different cur15 ricula work for limited English proficient popu16 lations. Such approaches may include— 

17 ‘‘(i) bilingual programs in which the 

18 workplace language component and the 

19 training are conducted in a combination of 

20 an individual’s native language and 

21 English; 

22 ‘‘(ii) integrated workforce training 

23 programs that combine basic skills, lan24 guage instruction, and job specific skills 

25 training; or 
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1 ‘‘(iii) sequential programs that provide 

2 a progression of skills, language, and train3 ing to ensure success upon an individual’s 

4 completion of the program. 

5 ‘‘(8) EVALUATION BY ELIGIBLE ENTITY.—Each 

6 eligible entity that receives a grant under this sub7 section for a program shall carry out a continuous 

8 program evaluation and an evaluation specific to the 

9 last phase of the program operations. 

10 ‘‘(9) EVALUATION BY SECRETARY.— 

11 ‘‘(A) IN GENERAL.—The Secretary shall 

12 conduct an evaluation of program impacts of the 

13 programs funded under the demonstration 

14 project, with a random assignment, experimental 

15 design impact study done at each worksite at 

16 which such a program is carried out. 

17 ‘‘(B) DATA COLLECTION AND ANALYSIS.— 

18 The Secretary shall collect and analyze the data 

19 from the demonstration project to determine pro20 gram effectiveness, including gains in language 

21 proficiency, acquisition of skills, and job ad22 vancement for program participants. 

23 ‘‘(C) REPORT.—The Secretary shall prepare 

24 and submit to the Committee on Health, Edu25 cation, Labor, and Pensions of the Senate and 
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1 the Committee on Education and the Workforce 

2 of the House of Representatives, and make avail3 able to the public, a report on the demonstration 

4 project, including the results of the evaluation. 

5 ‘‘(10) TECHNICAL ASSISTANCE.—The Secretary 

6 shall provide technical assistance to recipients of 

7 grants under this subsection throughout the grant pe8 riods. 

9 ‘‘(11) AUTHORIZATION OF APPROPRIATIONS.—In 

10 addition to amounts authorized to be appropriated 

11 under section 174(b), there is authorized to be appro12 priated $10,000,000 for fiscal year 2006 to carry out 

13 this subsection.’’. 

14 (f) COMMUNITY-BASED JOB TRAINING.—Section 171 

15 (29 U.S.C. 2916), as amended by subsection (e), is further 

16 amended by adding at the end the following: 

17 ‘‘(g) COMMUNITY-BASED JOB TRAINING.— 

18 ‘‘(1) DEFINITIONS.—In this subsection: 

19 ‘‘(A) COMMUNITY COLLEGE.—The term 

20 ‘community college’ means— 

21 ‘‘(i) an institution of higher education, 

22 as defined in section 101 of the Higher 

23 Education Act of 1965 (20 U.S.C. 1001), 

24 that provides a 2-year degree that is accept-
621 

•S 1021 RS 

1 able for full credit toward a bachelor’s de2 gree; or 

3 ‘‘(ii) a tribally controlled college or 

4 university, as defined in section 2 of the 

5 Tribally Controlled College or University 

6 Assistance Act of 1978 (25 U.S.C. 1801). 

7 ‘‘(B) ELIGIBLE ENTITY.—The term ‘eligible 

8 entity’ means a community college, a consortium 

9 of community colleges, or a consortium composed 

10 of a community college and 1 or more institu11 tions of higher education, that shall work with— 

12 ‘‘(i) a local board; 

13 ‘‘(ii) a business in the qualified indus14 try or an industry association in the quali15 fied industry, as identified in the applica16 tion of the entity; and 

17 ‘‘(iii) an economic development entity. 

18 ‘‘(C) INSTITUTION OF HIGHER EDU19 CATION.—Except as otherwise provided in sub20 paragraph (A)(i), the term ‘institution of higher 

21 education’ has the meaning given the term in 

22 section 101 of the Higher Education Act of 1965 

23 (20 U.S.C. 1001) and the meaning given the 

24 term ‘postsecondary vocational institution’ in 
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1 section 102(a)(1)(B) of such Act (20 U.S.C. 

2 1002(a)(1)(B)). 

3 ‘‘(D) QUALIFIED INDUSTRY.—The term 

4 ‘qualified industry’ means an industry or eco5 nomic sector that is projected to experience sig6 nificant growth, such as an industry or economic 

7 sector that— 

8 ‘‘(i) is projected to add substantial 

9 numbers of new jobs to the regional econ10 omy; 

11 ‘‘(ii) has or is projected to have signifi12 cant impact on the regional economy; 

13 ‘‘(iii) impacts or is projected to impact 

14 the growth of other industries or economic 

15 sectors in the regional economy; 

16 ‘‘(iv) is being transformed by tech17 nology and innovation requiring new 

18 knowledge or skill sets for workers; 

19 ‘‘(v) is a new or emerging industry or 

20 economic sector that is projected to grow; or 

21 ‘‘(vi) requires high skills and has sig22 nificant labor shortages in the regional 

23 economy. 

24 ‘‘(2) DEMONSTRATION PROJECT.—In addition to 

25 the demonstration projects authorized under sub-
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1 section (b), the Secretary may establish and imple2 ment a national demonstration project designed— 

3 ‘‘(A) to develop local innovative solutions to 

4 the workforce challenges facing high-growth, 

5 high-skill industries with labor shortages; and 

6 ‘‘(B) to increase employment opportunities 

7 for workers in high-growth, high-demand occupa8 tions by establishing partnerships among edu9 cation entities, the State workforce investment 

10 systems, and businesses in high-growth, high-skill 

11 industries or sectors. 

12 ‘‘(3) GRANTS.—In carrying out the national 

13 demonstration project authorized under this sub14 section, the Secretary shall award grants, on a com15 petitive basis, for 2, 3, or 4 years, in accordance with 

16 generally applicable Federal requirements, to eligible 

17 entities to enable the eligible entities to carry out ac18 tivities authorized under this subsection. 

19 ‘‘(4) APPLICATIONS.—To be eligible to receive a 

20 grant under this subsection, an eligible entity shall 

21 submit an application to the Secretary at such time, 

22 in such manner, and containing such information as 

23 the Secretary may require, including— 

24 ‘‘(A) a description of the eligible entity that 

25 will offer training under the grant; 
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•S 1021 RS 

1 ‘‘(B) a justification of the need for discre2 tionary funding under the grant, including the 

3 need for external funds to create a program to 

4 carry out the activities described in paragraph 

5 (6); 

6 ‘‘(C) an economic analysis of the local labor 

7 market to identify— 

8 ‘‘(i) high-growth, high-demand indus9 tries; 

10 ‘‘(ii) the workforce issues faced by such 

11 industries; and 

12 ‘‘(iii) potential participants in pro13 grams funded under this subsection; 

14 ‘‘(D) a description of the qualified industry 

15 for which the training will occur, the avail16 ability of competencies on which the training 

17 will be based, and how the grant will help work18 ers acquire the competencies and skills necessary 

19 for employment; 

20 ‘‘(E) a description of the involvement of the 

21 local board and businesses, including small busi22 nesses, in the geographic area where the proposed 

23 grant will be implemented; 

24 ‘‘(F) performance measures for the grant, 

25 including performance measures for the expected 
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•S 1021 RS 

1 number of individuals to be trained in a quali2 fied industry, the employment and retention 

3 rates for such individuals in a qualified indus4 try, and initial earnings and earnings increases 

5 for such individuals; 

6 ‘‘(G) a description of how the activities 

7 funded by the grant will be coordinated with ac8 tivities provided through the one-stop center in 

9 the local area; and 

10 ‘‘(H) a description of the local or private 

11 resources that will— 

12 ‘‘(i) support the activities carried out 

13 under this subsection; and 

14 ‘‘(ii) enable the entity to carry out and 

15 expand such activities after the expiration 

16 of the grant. 

17 ‘‘(5) FACTORS FOR AWARD OF GRANT.— 

18 ‘‘(A) IN GENERAL.—In awarding grants 

19 under this subsection, the Secretary shall con20 sider— 

21 ‘‘(i) the extent of public and private 

22 collaboration, including existing partner23 ships among qualified industries, the eligi24 ble entity, and the public workforce invest25 ment system; 
626 

•S 1021 RS 

1 ‘‘(ii) the extent to which the grant will 

2 provide job seekers with high-quality train3 ing for employment in high-growth, high-de4 mand occupations; 

5 ‘‘(iii) the extent to which the grant will 

6 expand the eligible entity and local one-stop 

7 center’s capacity to be demand-driven and 

8 responsive to local economic needs; 

9 ‘‘(iv) the extent to which local busi10 nesses commit to hire, retain, or advance 

11 individuals who receive training through 

12 the grant; and 

13 ‘‘(v) the extent to which the eligible en14 tity commits to make any newly developed 

15 products, such as skill standards, assess16 ments, or industry-recognized training cur17 ricula, available for dissemination nation18 ally. 

19 ‘‘(B) LEVERAGING OF RESOURCES.—In 

20 awarding grants under this subsection, the Sec21 retary shall also consider— 

22 ‘‘(i) the extent to which local or private 

23 resources will be made available to support 

24 the activities carried out under this sub25 section, taking into account the resources of 
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1 the eligible entity and the entity’s partners; 

2 and 

3 ‘‘(ii) the ability of an eligible entity to 

4 continue to carry out and expand such ac5 tivities after the expiration of the grant. 

6 ‘‘(C) DISTRIBUTION OF GRANTS.—In 

7 awarding grants under this subsection, the Sec8 retary shall ensure an equitable distribution of 

9 such grants across diverse industries and geo10 graphic areas. 

11 ‘‘(6) USE OF FUNDS.—An eligible entity that re12 ceives a grant under this subsection— 

13 ‘‘(A) shall use the grant funds for— 

14 ‘‘(i) the development by the community 

15 college that is a part of the eligible entity 

16 in collaboration with other partners identi17 fied in the application, and, if applicable, 

18 other representatives of qualified industries, 

19 of rigorous training and education pro20 grams leading to an industry-recognized 

21 credential or degree and employment in the 

22 qualified industry; and 

23 ‘‘(ii) training of adults, incumbent 

24 workers, dislocated workers, or out-of-school 

25 youth in the skills and competencies needed 
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•S 1021 RS 

1 to obtain or upgrade employment in a 

2 qualified industry identified in the eligible 

3 entity’s application; and 

4 ‘‘(B) may use the grant funds for— 

5 ‘‘(i) disseminating information on 

6 training available for high-growth, high-de7 mand occupations in qualified industries 

8 through the one-stop delivery system to pro9 spective participants, businesses, business 

10 intermediaries, and community-based orga11 nizations in the region, including training 

12 available through the grant; 

13 ‘‘(ii) referring individuals trained 

14 under the grant for employment in qualified 

15 industries; 

16 ‘‘(iii) enhancing integration of commu17 nity colleges, training and education with 

18 businesses, and the one-stop system to meet 

19 the training needs of qualified industries for 

20 new and incumbent workers; 

21 ‘‘(iv) providing training and relevant 

22 job skills to small business owners or opera23 tors to facilitate small business development 

24 in high-growth, high-skill industries; or 
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•S 1021 RS 

1 ‘‘(v) expanding or creating programs 

2 for distance, evening, weekend, modular, or 

3 compressed learning opportunities that pro4 vide training and relevant job skills for 

5 high-growth, high-demand occupations. 

6 ‘‘(7) AUTHORITY TO REQUIRE NON-FEDERAL

7 SHARE.—The Secretary may require that recipients of 

8 grants under this subsection provide a non-Federal 

9 share, from either cash or noncash resources, of the 

10 costs of activities carried out under a grant awarded 

11 under this subsection. 

12 ‘‘(8) PERFORMANCE ACCOUNTABILITY AND EVAL13 UATION.— 

14 ‘‘(A) PERFORMANCE ACCOUNTABILITY.—The 

15 Secretary shall require an eligible entity that re16 ceives a grant under this subsection to submit an 

17 interim and final report to the Secretary on the 

18 impact on business partners and employment 

19 outcomes obtained by individuals receiving 

20 training under this subsection using the perform21 ance measures identified in the eligible entity’s 

22 grant application. 

23 ‘‘(B) EVALUATION.—The Secretary shall re24 quire that an eligible entity that receives a grant 

25 under this subsection participate in an evalua-
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•S 1021 RS 

1 tion of activities carried out under this sub2 section, including an evaluation using the tech3 niques described in section 172(c).’’. 

4 SEC. 147. NATIONAL DISLOCATED WORKER GRANTS. 

5 (a) IN GENERAL.—Section 173 (29 U.S.C. 2918) is 

6 amended— 

7 (1) by striking the heading and inserting the fol8 lowing: 

9 ‘‘SEC. 173. NATIONAL DISLOCATED WORKER GRANTS.’’; 

10 and 

11 (2) in subsection (a)— 

12 (A) by striking the matter preceding para13 graph (1) and inserting the following: 

14 ‘‘(a) IN GENERAL.—The Secretary is authorized to 

15 award national dislocated worker grants—’’; 

16 (B) in paragraph (1), by striking ‘‘sub17 section (c)’’ and inserting ‘‘subsection (b)’’; 

18 (C) in paragraph (3), by striking ‘‘and’’ 

19 after the semicolon; and 

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

22 ‘‘(4) to a State or entity (as defined in sub23 section (b)(1)(B)) to carry out subsection (e), includ24 ing providing assistance to eligible individuals; 
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•S 1021 RS 

1 ‘‘(5) to a State or entity (as defined in sub2 section (b)(1)(B)) to carry out subsection (f), includ3 ing providing assistance to eligible individuals; 

4 ‘‘(6) to provide additional assistance to a State 

5 board or local board where a higher than average de6 mand for employment and training activities for dis7 located members of the Armed Forces, or spouses, as 

8 described in section 101(11)(E), of members of the 

9 Armed Forces, described in subsection (b)(2)(A)(iv), 

10 exceeds State and local resources for providing such 

11 services, and where such programs are to be carried 

12 out in partnership with the Department of Defense 

13 and Department of Veterans Affairs transition assist14 ance programs; and 

15 ‘‘(7) to provide assistance to a State for state16 wide or local use in order to— 

17 ‘‘(A) address cases in which there have been 

18 worker dislocations across multiple sectors, 

19 across multiple businesses within a sector, or 

20 across multiple local areas, and such workers re21 main dislocated; 

22 ‘‘(B) meet emerging economic development 

23 needs; and 

24 ‘‘(C) train eligible individuals who are dis25 located workers described in subparagraph (A). 
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•S 1021 RS 

1 The Secretary shall issue a final decision on an application 

2 for a national dislocated worker grant under this subsection 

3 not later than 45 calendar days after receipt of the applica4 tion. The Secretary shall issue a notice of obligation for 

5 such a grant not later than 10 days after the award of the 

6 grant.’’. 

7 (b) ADMINISTRATION AND ADDITIONAL ASSISTANCE.— 

8 Section 173 (29 U.S.C. 2918) is amended— 

9 (1) by striking subsection (b); 

10 (2) by redesignating subsections (c) through (g) 

11 as subsections (b) through (f), respectively; 

12 (3) in paragraph (2) of subsection (b) (as redes13 ignated by paragraph (2))— 

14 (A) in subparagraph (A), in the matter pre15 ceding clause (i), by striking ‘‘national emer16 gency grant’’ and inserting ‘‘national dislocated 

17 worker grant’’; and 

18 (B) in subparagraph (C), by striking ‘‘na19 tional emergency grants’’ and inserting ‘‘na20 tional dislocated worker grants’’; 

21 (4) by striking subsection (d) (as redesignated by 

22 paragraph (2)) and inserting the following: 

23 ‘‘(d) ADDITIONAL ASSISTANCE.— 

24 ‘‘(1) IN GENERAL.—From the amount appro25 priated and made available to carry out this section 
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•S 1021 RS 

1 for any program year, the Secretary shall use not 

2 more than $20,000,000 to make grants to States to 

3 provide employment and training activities under 

4 section 134, in accordance with subtitle B. 

5 ‘‘(2) ELIGIBLE STATES.—The Secretary shall 

6 make a grant under paragraph (1) to a State for a 

7 program year if— 

8 ‘‘(A) the amount of the allotment that was 

9 made to the State for the program year 2003 

10 under the formula specified in section 

11 132(b)(1)(B) as such section was in effect on 

12 July 1, 2003, is greater than 

13 ‘‘(B) the amount of the allotment that 

14 would be made to the State for the program year 

15 under the formula specified in section 

16 132(b)(1)(B). 

17 ‘‘(3) AMOUNT OF GRANTS.—Subject to paragraph 

18 (1), the amount of the grant made under paragraph 

19 (1) to a State for a program year shall be based on 

20 the difference between— 

21 ‘‘(A) the amount of the allotment that was 

22 made to the State for the program year 2003 

23 under the formula specified in section 

24 132(b)(1)(B) as such section was in effect on 

25 July 1, 2003; and 
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•S 1021 RS 

1 ‘‘(B) the amount of the allotment that 

2 would be made to the State for the program year 

3 under the formula specified in section 

4 132(b)(1)(B).’’; 

5 (5) in subsection (e) (as redesignated by para6 graph (2))— 

7 (A) in paragraph (1), by striking ‘‘para8 graph (4)(A)’’ and inserting ‘‘paragraph (4)’’; 

9 (B) in paragraph (2), by striking ‘‘sub10 section (g)’’ and inserting ‘‘subsection (f)’’; 

11 (C) in paragraph (3)(B), by striking ‘‘sub12 section (a)(4)(A)’’ and inserting ‘‘subsection 

13 (a)(4)’’; 

14 (D) in paragraph (4), by striking ‘‘sub15 section (g)’’ and inserting ‘‘subsection (f)’’; 

16 (E) in paragraph (5), by striking ‘‘sub17 section (g)’’ and inserting ‘‘subsection (f)’’; and 

18 (F) in paragraph (6)— 

19 (i) by striking ‘‘subsection (g)’’ and in20 serting ‘‘subsection (f)’’; and 

21 (ii) by striking ‘‘subsection (c)(1)(B)’’ 

22 and inserting ‘‘subsection (b)(1)(B)’’; and 

23 (6) in subsection (f) (as redesignated by para24 graph (2))— 

25 (A) in paragraph (1)— 
635 

•S 1021 RS 

1 (i) by striking ‘‘paragraph (4)(B)’’ 

2 and inserting ‘‘paragraph (5)’’; and 

3 (ii) by striking ‘‘subsection (f)(1)(A)’’ 

4 and inserting ‘‘subsection (e)(1)(A)’’; and 

5 (B) in paragraph (4)(B), by striking ‘‘sub6 section (a)(4)(B)’’ and inserting ‘‘subsection 

7 (a)(5)’’. 

8 SEC. 148. AUTHORIZATION OF APPROPRIATIONS FOR NA9 TIONAL ACTIVITIES. 

10 (a) IN GENERAL.—Section 174(a)(1) (29 U.S.C. 

11 2919(a)(1)) is amended by striking ‘‘1999 through 2003’’ 

12 and inserting ‘‘2006 through 2011’’. 

13 (b) RESERVATIONS.—Section 174(b) (29 U.S.C. 

14 2919(b)) is amended to read as follows: 

15 ‘‘(b) TECHNICAL ASSISTANCE; DEMONSTRATION AND

16 PILOT PROJECTS, EVALUATIONS, INCENTIVE GRANTS.— 

17 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

18 there are authorized to be appropriated to carry out 

19 sections 170 through 172 and section 503 such sums 

20 as may be necessary for each of fiscal years 2006 

21 through 2011. 

22 ‘‘(2) RESERVATION.—Of the amount appro23 priated pursuant to the authorization of appropria24 tions under paragraph (1) for a fiscal year, the Sec25 retary shall, for each of the fiscal years 2006 through 
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•S 1021 RS 

1 2011, reserve not less than 25 percent for carrying out 

2 section 503.’’. 

3 (c) ASSISTANCE FOR ELIGIBLE WORKERS.—Section 

4 174(c) (29 U.S.C. 2919(c)) is amended— 

5 (1) in paragraphs (1)(A) and (2)(A), by striking 

6 ‘‘subsection (a)(4)(A)’’ and inserting ‘‘subsection 

7 (a)(4)’’; and 

8 (2) in paragraphs (1)(B) and (2)(B), by striking 

9 ‘‘subsection (a)(4)(B)’’ and inserting ‘‘subsection 

10 (a)(5)’’. 

11 Subtitle E—Administration 

12 SEC. 151. REQUIREMENTS AND RESTRICTIONS. 

13 Section 181(e) (29 U.S.C. 2931(e)) is amended by 

14 striking ‘‘economic development activities,’’. 

15 SEC. 152. REPORTS. 

16 Section 185(c) (29 U.S.C. 2935(c)) is amended— 

17 (1) in paragraph (2), by striking ‘‘and’’ after the 

18 semicolon; 

19 (2) in paragraph (3), by striking the period and 

20 inserting ‘‘; and’’; and 

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

22 ‘‘(4) shall have the option to submit or dissemi23 nate electronically any reports, records, plans, or any 

24 other data that are required to be collected or dissemi25 nated under this title.’’. 
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1 SEC. 153. ADMINISTRATIVE PROVISIONS. 

2 (a) ANNUAL REPORT.—Section 189(d) (29 U.S.C. 

3 2939(d)) is amended— 

4 (1) in paragraph (3), by striking ‘‘and’’ after the 

5 semicolon; 

6 (2) by redesignating paragraph (4) as para7 graph (5); and 

8 (3) by inserting after paragraph (3) the fol9 lowing: 

10 ‘‘(4) the negotiated levels of performance of the 

11 States, the States’ requests for adjustments of such 

12 levels, and the adjustments of such levels that are 

13 made; and’’. 

14 (b) AVAILABILITY.—Section 189(g)(2) (29 U.S.C. 

15 2939(g)(2)) is amended, in the first sentence— 

16 (1) by striking ‘‘Funds’’ and inserting ‘‘Except 

17 as otherwise provided in this paragraph, funds’’; and 

18 (2) by striking ‘‘each State receiving’’ and in19 serting ‘‘each recipient of’’. 

20 (c) GENERAL WAIVERS.—Section 189(i)(4) (29 U.S.C. 

21 2939(i)(4)) is amended— 

22 (1) in subparagraph (A)(i), by inserting ‘‘the 

23 funding of infrastructure costs for one-stop centers,’’ 

24 after ‘‘local boards,’’; 

25 (2) in subparagraph (C), by striking ‘‘90’’ and 

26 inserting ‘‘60’’; and 
638 

•S 1021 RS 

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

2 ‘‘(D) EXPEDITED REQUESTS.—The Sec3 retary shall expedite requests for waivers of stat4 utory or regulatory requirements that have been 

5 approved for a State pursuant to subparagraph 

6 (B), if the requirements of this paragraph have 

7 been satisfied. 

8 ‘‘(E) SPECIAL RULE.—With respect to any 

9 State that has a waiver under this paragraph re10 lating to the transfer authority under section 

11 133(b)(4), and has the waiver in effect on the 

12 date of enactment of the Workforce Investment 

13 Act Amendments of 2005 or subsequently receives 

14 such a waiver, the waiver shall continue to 

15 apply for so long as the State meets or exceeds 

16 State performance measures relating to the indi17 cators described in section 136(b)(2)(A)(i).’’. 

18 SEC. 154. USE OF CERTAIN REAL PROPERTY. 

19 Section 193 (29 U.S.C. 2943) is amended to read as 

20 follows: 

21 ‘‘SEC. 193. TRANSFER OF FEDERAL EQUITY IN STATE EM22 PLOYMENT SECURITY AGENCY REAL PROP23 ERTY TO THE STATES. 

24 ‘‘(a) TRANSFER OF FEDERAL EQUITY.—Notwith25 standing any other provision of law, any Federal equity 
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•S 1021 RS 

1 acquired in real property through grants to States awarded 

2 under title III of the Social Security Act (42 U.S.C. 501 

3 et seq.) or under the Wagner-Peyser Act (29 U.S.C. 49 et 

4 seq.) is transferred to the States that used the grants for 

5 the acquisition of such equity. The portion of any real prop6 erty that is attributable to the Federal equity transferred 

7 under this section shall be used to carry out activities au8 thorized under title III of the Social Security Act or the 

9 Wagner-Peyser Act. Any disposition of such real property 

10 shall be carried out in accordance with the procedures pre11 scribed by the Secretary and the portion of the proceeds 

12 from the disposition of such real property that is attrib13 utable to the Federal equity transferred under this section 

14 shall be used to carry out activities authorized under title 

15 III of the Social Security Act or the Wagner-Peyser Act. 

16 ‘‘(b) LIMITATION ON USE.—A State shall not use funds 

17 awarded under title III of the Social Security Act or the 

18 Wagner-Peyser Act to amortize the costs of real property 

19 that is purchased by any State on or after the effective date 

20 of this provision.’’. 

21 SEC. 155. GENERAL PROGRAM REQUIREMENTS. 

22 Section 195 (29 U.S.C. 2945) is amended by adding 

23 at the end the following: 

24 ‘‘(14) Funds provided under this title shall not 

25 be used to establish or operate stand-alone fee-for-serv-
640 

•S 1021 RS 

1 ice enterprises that compete with private sector em2 ployment agencies (as defined in section 701(c) of the 

3 Civil Rights Act of 1964 (42 U.S.C. 2000e(c))). For 

4 purposes of this paragraph, such an enterprise does 

5 not include a one-stop service delivery system de6 scribed in section 121(e).’’. 

7 Subtitle F—Incentive Grants 

8 SEC. 161. INCENTIVE GRANTS. 

9 Section 503 (20 U.S.C. 9273) is amended— 

10 (1) by striking subsection (a) and inserting the 

11 following: 

12 ‘‘(a) IN GENERAL.— 

13 ‘‘(1) TIMELINE.— 

14 ‘‘(A) PRIOR TO JULY 1, 2006.—Prior to July 

15 1, 2006, the Secretary shall award a grant to 

16 each State in accordance with the provisions of 

17 this section as this section was in effect on July 

18 1, 2003. 

19 ‘‘(B) BEGINNING JULY 1, 2006.—Beginning 

20 on July 1, 2006, the Secretary shall award in21 centive grants to States for performance de22 scribed in paragraph (2), to implement or en23 hance innovative and coordinated programs as 

24 described in paragraph (3), consistent with the 
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1 statewide economic, workforce, and educational 

2 interests of the State. 

3 ‘‘(2) BASIS.—The Secretary shall award the 

4 grants on the basis that the States— 

5 ‘‘(A) have exceeded the State performance 

6 measures established under section 136(b), the 

7 performance measures established under section 

8 212(b) of the Adult Education and Family Lit9 eracy Act (20 U.S.C. 9212(b)), and the State 

10 performance measures established under section 

11 113(b) of the Carl D. Perkins Vocational and 

12 Technical Education Act of 1998 (20 U.S.C. 

13 2323(b)); or 

14 ‘‘(B) have— 

15 ‘‘(i) met the State performance meas16 ures established under section 136(b), the 

17 performance measures established under sec18 tion 212(b) of the Adult Education and 

19 Family Literacy Act, and the State per20 formance measures established under section 

21 113(b) of the Carl D. Perkins Vocational 

22 and Technical Education Act of 1998; and 

23 ‘‘(ii) demonstrated— 

24 ‘‘(I) exemplary coordination of 

25 one-stop partner programs described in 
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•S 1021 RS 

1 section 121 with statewide economic 

2 development or business needs; 

3 ‘‘(II) exemplary performance in 

4 the one-stop partner programs in the 

5 State in serving hard-to-serve popu6 lations; or 

7 ‘‘(III) effective— 

8 ‘‘(aa) coordination of mul9 tiple systems for the one-stop 

10 partner programs into a com11 prehensive workforce investment 

12 system, including coordination of 

13 employment activities under the 

14 Wagner-Peyser Act (29 U.S.C. 49 

15 et seq.) and core services under 

16 section 134(d)(2); 

17 ‘‘(bb) expansion of access to 

18 training through the one-stop 

19 partner programs, including ex20 pansion of access through in21 creased leveraging of resources 

22 other than those provided through 

23 programs under title I; 

24 ‘‘(cc) implementation of 

25 statewide coordination activities 
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•S 1021 RS 

1 relating to the one-stop partner 

2 programs, through agreements 

3 with relevant State agencies and 

4 offices, including those responsible 

5 for programs under the Adult 

6 Education and Family Literacy 

7 Act (20 U.S.C. 9201 et seq.) and 

8 the Rehabilitation Act of 1973 (29 

9 U.S.C. 701 et seq.); 

10 ‘‘(dd) statewide coordination 

11 relating to the one-stop partner 

12 programs, through arrangements 

13 with local boards or local areas; 

14 ‘‘(ee) alignment of manage15 ment information systems to inte16 grate participant information 

17 across the one-stop partner pro18 grams; or 

19 ‘‘(ff) integration of perform20 ance information systems and 

21 common measures for account22 ability across the one-stop partner 

23 programs. 

24 ‘‘(3) USE OF FUNDS.—The funds awarded to a 

25 State under this section may be used to carry out ac-
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•S 1021 RS 

1 tivities authorized for States in programs carried out 

2 under title I, the Adult Education and Family Lit3 eracy Act, and the Carl D. Perkins Vocational and 

4 Technical Education Act of 1998 (20 U.S.C. 2301 et 

5 seq.) (referred to in this subsection as ‘workforce and 

6 education programs’), including demonstration 

7 projects, and innovative projects or programs that in8 crease coordination and enhance service to partici9 pants in such programs, particularly hard-to-serve 

10 populations, including— 

11 ‘‘(A) activities that support business needs, 

12 especially for incumbent workers and enhancing 

13 opportunities for retention and advancement; 

14 ‘‘(B) activities that support linkages be15 tween the workforce and education programs, 

16 and secondary, postsecondary, or career and 

17 technical education programs, including activi18 ties under the Carl D. Perkins Vocational and 

19 Technical Education Act of 1998 (20 U.S.C. 

20 2301 et seq.), the Adult Education and Family 

21 Literacy Act (20 U.S.C. 9201 et seq.), and the 

22 Rehabilitation Act of 1973 (29 U.S.C. 701 et 

23 seq.); 

24 ‘‘(C) activities that support statewide eco25 nomic development plans that support high- 
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•S 1021 RS 

1 wage, high-skill, or high-demand occupations 

2 leading to self-sufficiency; 

3 ‘‘(D) activities that coordinate the workforce 

4 and education programs with other Federal and 

5 State programs related to the workforce and edu6 cation programs; 

7 ‘‘(E) activities that support the development 

8 of a statewide integrated performance informa9 tion system that includes common measures for 

10 one-stop partner programs described in section 

11 121; 

12 ‘‘(F) activities that align management in13 formation systems with integrated performance 

14 information across the one-stop partner pro15 grams; or 

16 ‘‘(G) activities that support local workforce 

17 investment boards or areas in improving per18 formance in workforce and education programs 

19 and program coordination of workforce and edu20 cation programs. 

21 ‘‘(4) WAIVER.—For States that have developed 

22 and implemented a statewide integrated performance 

23 information system with common measures, as de24 scribed in paragraph (3)(E), for the one-stop partner 

25 programs, the Secretary may waive for the State such 
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•S 1021 RS 

1 reporting requirements for the one-stop partner pro2 grams as the Secretary has authority or agreement to 

3 waive. 

4 ‘‘(5) TECHNICAL ASSISTANCE.—The Secretary 

5 shall reserve 4 percent of the funds available for 

6 grants under this section to provide technical assist7 ance to States— 

8 ‘‘(A) to replicate best practices for workforce 

9 and education programs; 

10 ‘‘(B) to develop integrated performance in11 formation systems for the one-stop partner pro12 grams; 

13 ‘‘(C) to strengthen coordination between 

14 workforce and education programs and other 

15 education programs; or 

16 ‘‘(D) to strengthen economic development. 

17 ‘‘(6) DEFINITION.—As used in this subsection, 

18 the term ‘hard-to-serve populations’ has the meaning 

19 given the term in section 101.’’; 

20 (2) in subsection (b)(2)— 

21 (A) in the matter preceding subparagraph 

22 (A), by striking ‘‘only’’ and all that follows 

23 through ‘‘assurances:’’ and inserting ‘‘to ensure 

24 that the application contains, and to determine 

25 the accuracy of, the following assurances:’’; and 
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•S 1021 RS 

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

3 ‘‘(C) the State meets the requirements of 

4 subparagraph (A) or (B) of subsection (a)(2).’’; 

5 and 

6 (3) by striking subsection (d). 

7 Subtitle G—Conforming 

8 Amendments 

9 SEC. 171. TABLE OF CONTENTS. 

10 Section 1(b) (29 U.S.C. 9201 note) is amended— 

11 (1) by striking the item relating to section 106 

12 and inserting the following: 

‘‘Sec. 106. Purposes.’’; 

13 (2) by striking the item relating to section 123 

14 and inserting the following: 

‘‘Sec. 123. Eligible providers of youth activities.’’; 

15 (3) by striking the item relating to section 169 

16 and inserting the following: 

‘‘Sec. 169. Youth challenge grants.’’; 

17 (4) by striking the item relating to section 173 

18 and inserting the following: 

‘‘Sec. 173. National dislocated worker grants.’’; 

19 (5) by striking the item relating to section 193 

20 and inserting the following: 

‘‘Sec. 193. Transfer of Federal equity in State employment security agency real 

property to the States.’’; 
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•S 1021 RS 

1 (6) by inserting after the item relating to section 

2 243 the following: 

‘‘Sec. 244. Integrated English literacy and civics education.’’; 

3 and 

4 (7) by striking the item relating to section 502. 

5 SEC. 172. CONFORMING AMENDMENTS. 

6 (a) TRADE ACT OF 1974.—Section 235 of the Trade 

7 Act of 1974 (19 U.S.C. 2295) is amended by striking ‘‘sec8 tion 134(c) of the Workforce Investment Act of 1998 (29 

9 U.S.C. 2864(c))’’ and inserting ‘‘section 121(e) of the Work10 force Investment Act of 1998 (29 U.S.C. 2841(e))’’. 

11 (b) ADULT EDUCATION AND FAMILY LITERACY ACT.— 

12 Section 212(b)(3)(A)(vi) of the Adult Education and Fam13 ily Literacy Act (20 U.S.C. 9212(b)(3)(A)(vi)) is amended 

14 by striking ‘‘the representatives described in section 

15 136(i)(1)’’ and inserting ‘‘representatives of appropriate 

16 Federal agencies, and representatives of States and political 

17 subdivisions, business and industry, employees, eligible pro18 viders of employment and training activities (as defined in 

19 section 101), educators, and participants (as defined in sec20 tion 101), with expertise regarding workforce investment 

21 policies and workforce investment activities (as defined in 

22 section 101)’’. 

23 (c) OLDER AMERICANS ACT OF 1965.— 

24 (1) Subparagraphs (H) and (O) of section 

25 502(b)(1) of the Older Americans Act of 1965 (42 
649 

•S 1021 RS 

1 U.S.C. 3056(b)(1)) are amended by striking ‘‘section 

2 134(c) of the Workforce Investment Act of 1998 (29 

3 U.S.C. 2864(c))’’ and inserting ‘‘section 121(e) of the 

4 Workforce Investment Act of 1998 (29 U.S.C. 

5 2841(e))’’. 

6 (2) Section 505(c)(1) of the Older Americans Act 

7 of 1965 (42 U.S.C. 3056c(c)(1)) is amended by strik8 ing ‘‘section 134(c) of such Act (29 U.S.C. 2864(c))’’ 

9 and inserting ‘‘section 121(e) of such Act (29 U.S.C. 

10 2841(e))’’. 

11 (3) Section 512(a) of the Older Americans Act of 

12 1965 (42 U.S.C. 3056j(a)) is amended— 

13 (A) by striking ‘‘(B)(vi)’’ and inserting 

14 ‘‘(B)(v)’’; and 

15 (B) by striking ‘‘section 134(c) of such Act 

16 (29 U.S.C. 2864(c))’’ and inserting ‘‘section 

17 121(e) of such Act (29 U.S.C. 2841(e))’’. 

18 TITLE II—AMENDMENTS TO THE 

19 ADULT EDUCATION AND FAM20 ILY LITERACY ACT 

21 SEC. 201. SHORT TITLE; PURPOSE. 

22 (a) SHORT TITLE.—This title may be cited as the 

23 ‘‘Adult Education and Family Literacy Act Amendments 

24 of 2005’’. 
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1 (b) PURPOSE.—Section 202 of the Adult Education 

2 and Family Literacy Act (20 U.S.C. 9201) is amended— 

3 (1) in paragraph (2), by striking ‘‘and’’ after the 

4 semicolon; 

5 (2) in paragraph (3), by striking ‘‘education.’’ 

6 and inserting ‘‘education and in the transition to 

7 postsecondary education; and’’; and 

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

9 ‘‘(4) assist immigrants and other individuals 

10 with limited English proficiency in improving their 

11 reading, writing, speaking, and mathematics skills 

12 and acquiring an understanding of the American free 

13 enterprise system, individual freedom, and the re14 sponsibilities of citizenship.’’. 

15 SEC. 202. DEFINITIONS. 

16 Section 203 of the Adult Education and Family Lit17 eracy Act (20 U.S.C. 9202) is amended— 

18 (1) in paragraph (1)— 

19 (A) in the matter preceding subparagraph 

20 (A), by striking ‘‘services or instruction below 

21 the postsecondary level’’ and inserting ‘‘academic 

22 instruction and education services below the 

23 postsecondary level that increase an individual’s 

24 ability to read, write, and speak in English and 

25 perform mathematics’’; and 
651 

•S 1021 RS 

1 (B) by striking subparagraph (C)(i) and in2 serting the following: 

3 ‘‘(i) are basic skills deficient as defined 

4 in section 101;’’; 

5 (2) in paragraph (2), by striking ‘‘activities de6 scribed in section 231(b)’’ and inserting ‘‘programs 

7 and services which include reading, writing, speaking, 

8 or mathematics skills, workplace literacy activities, 

9 family literacy activities, English language acquisi10 tion activities, or other activities necessary for the at11 tainment of a secondary school diploma or its State 

12 recognized equivalent’’; 

13 (3) in paragraph (5)— 

14 (A) by inserting ‘‘an organization that has 

15 demonstrated effectiveness in providing adult 

16 education, that may include’’ after ‘‘means’’; 

17 (B) in subparagraph (B), by striking ‘‘of 

18 demonstrated effectiveness’’; 

19 (C) in subparagraph (C), by striking ‘‘of 

20 demonstrated effectiveness’’; and 

21 (D) in subparagraph (I), by inserting ‘‘or 

22 coalition’’ after ‘‘consortium’’; 

23 (4) in paragraph (6)— 

24 (A) by striking ‘‘LITERACY PROGRAM’’ and 

25 inserting ‘‘LANGUAGE ACQUISITION PROGRAM’’; 
652 

•S 1021 RS 

1 (B) by striking ‘‘literacy program’’ and in2 serting ‘‘language acquisition program’’; and 

3 (C) by inserting ‘‘reading, writing, and 

4 speaking’’ after ‘‘competence in’’; 

5 (5) by striking paragraph (10); 

6 (6) by redesignating paragraphs (7) through (9) 

7 and (12) through (18) as paragraphs (8) through (10) 

8 and (13) through (19), respectively; 

9 (7) by inserting after paragraph (6) the fol10 lowing: 

11 ‘‘(7) ESSENTIAL COMPONENTS OF READING IN12 STRUCTION.—The term ‘essential components of read13 ing instruction’ has the meaning given the term in 

14 section 1208 of the Elementary and Secondary Edu15 cation Act of 1965 (20 U.S.C. 6368).’’; 

16 (8) by inserting after paragraph (11) the fol17 lowing: 

18 ‘‘(12) LIMITED ENGLISH PROFICIENCY.—The 

19 term ‘limited English proficiency’, when used with re20 spect to an individual, means an adult or out-of21 school youth who has limited ability in speaking, 

22 reading, writing, or understanding the English lan23 guage, and— 

24 ‘‘(A) whose native language is a language 

25 other than English; or 
653 

•S 1021 RS 

1 ‘‘(B) who lives in a family or community 

2 environment where a language other than 

3 English is the dominant language.’’; 

4 (9) by striking paragraph (15), as redesignated 

5 by paragraph (6), and inserting the following: 

6 ‘‘(15) OUTLYING AREA.—The term ‘outlying 

7 area’ means the United States Virgin Islands, Guam, 

8 American Samoa, and the Commonwealth of the 

9 Northern Mariana Islands.’’; and 

10 (10) by striking paragraph (19), as redesignated 

11 by paragraph (6), and inserting the following: 

12 ‘‘(19) WORKPLACE LITERACY PROGRAM.—The 

13 term ‘workplace literacy program’ means an edu14 cational program designed to improve the produc15 tivity of the workforce through the improvement of lit16 eracy skills that is offered by an eligible provider in 

17 collaboration with an employer or an employee orga18 nization at a workplace, at an off-site location, or in 

19 a simulated workplace environment.’’. 

20 SEC. 203. HOME SCHOOLS. 

21 Section 204 of the Adult Education and Family Lit22 eracy Act (20 U.S.C. 9203) is amended to read as follows: 

23 ‘‘SEC. 204. HOME SCHOOLS. 

24 ‘‘Nothing in this title shall be construed to affect home 

25 schools, whether a home school is treated as a home school 
654 

•S 1021 RS 

1 or a private school under State law, or to compel a parent 

2 engaged in home schooling to participate in an English lan3 guage acquisition program, family literacy services, or 

4 adult education.’’. 

5 SEC. 204. AUTHORIZATION OF APPROPRIATIONS. 

6 Section 205 of the Adult Education and Family Lit7 eracy Act (20 U.S.C. 9204) is amended— 

8 (1) by striking ‘‘1999’’ and inserting ‘‘2006’’; 

9 and 

10 (2) by striking ‘‘2003’’ and inserting ‘‘2011’’. 

11 SEC. 205. RESERVATION OF FUNDS; GRANTS TO ELIGIBLE 

12 AGENCIES; ALLOTMENTS. 

13 Section 211 of the Adult Education and Family Lit14 eracy Act (20 U.S.C. 9211) is amended— 

15 (1) by striking subsection (a) and inserting the 

16 following: 

17 ‘‘(a) RESERVATION OF FUNDS.—From the sum appro18 priated under section 205 for a fiscal year, the Secretary— 

19 ‘‘(1) shall reserve 1.5 percent to carry out section 

20 242, except that the amount so reserved shall not ex21 ceed $10,000,000; 

22 ‘‘(2) shall reserve 1.5 percent to carry out section 

23 243 and subsection (f)(4), except that the amount so 

24 reserved shall not exceed $8,000,000; 
655 

•S 1021 RS 

1 ‘‘(3) shall make available, to the Secretary of 

2 Labor, 1.72 percent for incentive grants under section 

3 136(i); and 

4 ‘‘(4) shall reserve 12 percent of the amount that 

5 remains after reserving funds under paragraphs (1), 

6 (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 areas’’ 

17 and inserting ‘‘States, outlying areas, and the 

18 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 
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•S 1021 RS 

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’’; 

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 2005 

15 and each succeeding fiscal year, no eligible agency 

16 shall receive an allotment under this section that is 

17 less than 90 percent of the allotment the eligible agen18 cy received for the preceding fiscal year under this 

19 section. 

20 ‘‘(2) 100 PERCENT ALLOTMENT.—Notwith21 standing paragraphs (1) and (2) of subsection (e), an 

22 eligible agency that receives only an initial allotment 

23 under subsection (c)(1) (and no additional allotment 

24 under subsection (c)(2)) shall receive an allotment 
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•S 1021 RS 

1 under this section that is equal to 100 percent of the 

2 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 reserved 

11 under subsection (a)(2), the Secretary shall make 

12 grants to eligible agencies described in subpara13 graph (B) to enable such agencies to provide ac14 tivities 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 on 

22 September 30, 2003, were in effect for such year. 

23 ‘‘(C) AMOUNT OF GRANT.—The amount of a 

24 grant made to an eligible agency under this 
658 

•S 1021 RS 

1 paragraph for a fiscal year shall be the difference 

2 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 sec6 tion 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.’’; and 

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

12 ‘‘(h) STUDY AND REPORT.— 

13 ‘‘(1) STUDY.—The Comptroller General of the 

14 United States shall conduct a study concerning the 

15 formula described in this section and, in conducting 

16 the study, shall at a minimum— 

17 ‘‘(A) examine whether the formula results in 

18 a distribution of funds that sufficiently serves the 

19 entire population of individuals eligible for adult 

20 education and literacy activities under this sub21 title; 

22 ‘‘(B) examine whether the data used to 

23 count qualified adults, for purposes of the for24 mula, accurately measure the population of indi25 viduals eligible for the activities; and 
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•S 1021 RS 

1 ‘‘(C) develop recommendations for improv2 ing the formula so that the formula results in a 

3 distribution of funds that better serves that popu4 lation and the data used to count qualified 

5 adults accurately measure that population. 

6 ‘‘(2) REPORT.—Not later than 3 years after the 

7 date of enactment of the Workforce Investment Act 

8 Amendments of 2005, the Comptroller General shall 

9 submit to Congress a report containing the results of 

10 the study described in paragraph (1).’’. 

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 inserting 

20 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-
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•S 1021 RS 

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 school 

12 diploma, its recognized equivalent, or a rec13 ognized alternative standard for individuals 

14 with disabilities. 

15 ‘‘(B) EMPLOYMENT PERFORMANCE INDICA16 TORS.— 

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. 
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•S 1021 RS 

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 measurable 

23 form’’; 
662 

•S 1021 RS 

1 (II) in clause (ii), by striking ‘‘3 

2 program years’’ and inserting ‘‘2 pro3 gram years’’; 

4 (III) in clause (iii), by striking 

5 ‘‘FIRST 3 YEARS’’ and inserting ‘‘FIRST

6 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 ‘‘4TH

11 AND 5TH’’ and inserting ‘‘3RD AND

12 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 ‘‘third 

18 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’’; 
663 

•S 1021 RS 

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 of 

10 assessment systems that are not commercially 

11 available standardized systems if such systems 

12 meet the Standards for Educational and Psycho13 logical Testing issued by the Joint Committee on 

14 Standards for Educational and Psychological 

15 Testing of the American Educational Research 

16 Association, the American Psychological Associa17 tion, and the National Council on Measurement 

18 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 
664 

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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 respect 

6 to the core indicators of performance, and em7 ployment performance indicators. 

8 ‘‘(B) Information on the number or percent9 age of qualifying adults (as defined in section 

10 211(d)) who are participants in adult education 

11 programs under this subtitle and making satis12 factory progress toward 1 or more of each of the 

13 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 grant. 

20 ‘‘(D) The number of enrollees 16 to 18 years 

21 of age who enrolled in adult education not later 

22 than 1 year after participating in secondary 

23 school education.’’; 

24 (B) in paragraph (2)(A), by inserting ‘‘eli25 gible providers and’’ after ‘‘available to’’; and 
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1 (C) by adding at the end the following: 

2 ‘‘(3) DATA ACCESS.—The report made available 

3 under paragraph (2) shall indicate which eligible 

4 agencies did not have access to State unemployment 

5 insurance wage data in measuring employment per6 formance indicators.’’; and 

7 (3) by adding at the end the following: 

8 ‘‘(d) PROGRAM IMPROVEMENT.— 

9 ‘‘(1) IN GENERAL.—If the Secretary determines 

10 that an eligible agency did not meet its adjusted levels 

11 of performance for the core indicators of performance 

12 described in subsection (b)(2)(A) for any program 

13 year, the eligible agency shall— 

14 ‘‘(A) work with the Secretary to develop and 

15 implement a program improvement plan for the 

16 2 program years succeeding the program year in 

17 which the eligible agency did not meet its ad18 justed levels of performance; and 

19 ‘‘(B) revise its State plan under section 

20 224, if necessary, to reflect the changes agreed to 

21 in the program improvement plan. 

22 ‘‘(2) FURTHER ASSISTANCE.—If, after the period 

23 described in paragraph (1)(A), the Secretary has pro24 vided technical assistance to the eligible agency but 

25 determines that the eligible agency did not meet its 
666 

•S 1021 RS 

1 adjusted levels of performance for the core indicators 

2 of performance described in subsection (b)(2)(A), the 

3 Secretary may require the eligible agency to make 

4 further revisions to the program improvement plan 

5 described in paragraph (1). Such further revisions 

6 shall be accompanied by further technical assistance 

7 from the Secretary.’’. 

8 SEC. 207. STATE ADMINISTRATION. 

9 Section 221(1) of the Adult Education and Family 

10 Literacy Act (20 U.S.C. 9221(1)) is amended by striking 

11 ‘‘and implementation’’ and inserting ‘‘implementation, and 

12 monitoring’’. 

13 SEC. 208. STATE DISTRIBUTION OF FUNDS; MATCHING RE14 QUIREMENT. 

15 Section 222 of the Adult Education and Family Lit16 eracy Act (20 U.S.C. 9222) is amended— 

17 (1) in subsection (a)— 

18 (A) in paragraph (1)— 

19 (i) by striking ‘‘82.5’’ the first place 

20 such term appears and inserting ‘‘80’’; and 

21 (ii) by striking ‘‘the 82.5 percent’’ and 

22 inserting ‘‘such amount’’; 

23 (B) in paragraph (2), by striking ‘‘not more 

24 than 12.5 percent’’ and inserting ‘‘not more than 

25 15 percent’’; and 
667 

•S 1021 RS 

1 (C) in paragraph (3), by striking ‘‘$65,000’’ 

2 and inserting ‘‘$75,000’’; and 

3 (2) in subsection (b)(1), by striking ‘‘equal to’’ 

4 and inserting ‘‘that is not less than’’. 

5 SEC. 209. STATE LEADERSHIP ACTIVITIES. 

6 Section 223 of the Adult Education and Family Lit7 eracy Act (20 U.S.C. 9223) is amended— 

8 (1) in subsection (a)— 

9 (A) in the matter preceding paragraph (1), 

10 by inserting ‘‘to develop or enhance the adult 

11 education system of the State or outlying area’’ 

12 after ‘‘activities’’; 

13 (B) in paragraph (1), by striking ‘‘instruc14 tion incorporating’’ and all that follows through 

15 the period and inserting ‘‘instruction incor16 porating the essential components of reading in17 struction and instruction provided by volunteers 

18 or by personnel of a State or outlying area.’’; 

19 (C) in paragraph (2), by inserting ‘‘, in20 cluding development and dissemination of in21 structional and programmatic practices based on 

22 the most rigorous research available and appro23 priate, including scientifically based research 

24 that is available and appropriate, in reading, 

25 writing, speaking, mathematics, English lan-
668 

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1 guage acquisition programs, distance learning, 

2 and staff training’’ after ‘‘activities’’; 

3 (D) in paragraph (5), by striking ‘‘moni4 toring and’’; 

5 (E) by striking paragraph (6) and inserting 

6 the following: 

7 ‘‘(6) The development and implementation of 

8 technology applications, translation technology, or 

9 distance learning, including professional development 

10 to support the use of instructional technology.’’; and 

11 (F) by striking paragraph (7) through 

12 paragraph (11) and inserting the following: 

13 ‘‘(7) Coordination with— 

14 ‘‘(A) other partners carrying out activities 

15 authorized under this Act; and 

16 ‘‘(B) existing support services, such as 

17 transportation, child care, mental health services, 

18 and other assistance designed to increase rates of 

19 enrollment in, and successful completion of, 

20 adult education and literacy activities, for adults 

21 enrolled in such activities. 

22 ‘‘(8) Developing and disseminating curricula, in23 cluding curricula incorporating the essential compo24 nents of reading instruction as such components re25 late to adults. 
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1 ‘‘(9) The provision of assistance to eligible pro2 viders in developing, implementing, and reporting 

3 measurable progress in achieving the objectives of this 

4 subtitle. 

5 ‘‘(10) The development and implementation of a 

6 system to assist in the transition from adult basic 

7 education to postsecondary education, including link8 ages with postsecondary educational institutions. 

9 ‘‘(11) Integration of literacy and English lan10 guage instruction with occupational skill training, 

11 and promoting linkages with employers. 

12 ‘‘(12) Activities to promote workplace literacy 

13 programs. 

14 ‘‘(13) Activities to promote and complement local 

15 outreach initiatives described in section 243(b)(3)(F). 

16 ‘‘(14) In cooperation with efforts funded under 

17 sections 242 and 243, the development of curriculum 

18 frameworks and rigorous content standards that— 

19 ‘‘(A) specify what adult learners should 

20 know and be able to do in the areas of reading 

21 and language arts, mathematics, and English 

22 language acquisition; and 

23 ‘‘(B) take into consideration the following: 
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•S 1021 RS 

1 ‘‘(i) State academic standards estab2 lished under section 1111(b) of the Elemen3 tary and Secondary Education Act of 1965. 

4 ‘‘(ii) The current adult skills and lit5 eracy assessments used in the State or out6 lying area. 

7 ‘‘(iii) The core indicators of perform8 ance established under section 212(b)(2)(A). 

9 ‘‘(iv) Standards and academic require10 ments for enrollment in non-remedial, for11 credit, courses in postsecondary education 

12 institutions supported by the State or out13 lying area. 

14 ‘‘(v) Where appropriate, the basic and 

15 literacy skill content of occupational and 

16 industry skill standards widely used by 

17 business and industry in the State or out18 lying area. 

19 ‘‘(15) In cooperation with efforts funded under 

20 sections 242 and 243, development and piloting of— 

21 ‘‘(A) new assessment tools and strategies 

22 that— 

23 ‘‘(i) are based on scientifically based 

24 research, where available and appropriate; 

25 and 
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1 ‘‘(ii) identify the needs and capture the 

2 gains of students at all levels, with par3 ticular emphasis on— 

4 ‘‘(I) students at the lowest 

5 achievement level; 

6 ‘‘(II) students who have limited 

7 English proficiency; and 

8 ‘‘(III) adults with learning dis9 abilities; 

10 ‘‘(B) options for improving teacher quality 

11 and retention; and 

12 ‘‘(C) assistance in converting research into 

13 practice. 

14 ‘‘(16) The development and implementation of 

15 programs and services to meet the needs of adult 

16 learners with learning disabilities or limited English 

17 proficiency. 

18 ‘‘(17) Other activities of statewide significance 

19 that promote the purpose of this title.’’; and 

20 (2) in subsection (c), by striking ‘‘being State- or 

21 outlying area-imposed’’ and inserting ‘‘being imposed 

22 by the State or outlying area’’. 

23 SEC. 210. STATE PLAN. 

24 Section 224 of the Adult Education and Family Lit25 eracy Act (20 U.S.C. 9224) is amended— 
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•S 1021 RS 

1 (1) in subsection (a)— 

2 (A) by striking the heading and inserting 

3 ‘‘4-YEAR PLANS’’; and 

4 (B) in paragraph (1), by striking ‘‘5’’ and 

5 inserting ‘‘4’’; 

6 (2) in subsection (b)— 

7 (A) in paragraph (1), by inserting ‘‘and the 

8 role of provider and cooperating agencies in pre9 paring the assessment’’ after ‘‘serve’’; 

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

11 the following: 

12 ‘‘(2) a description of how the eligible agency will 

13 address the adult education and literacy needs identi14 fied under paragraph (1) in each workforce develop15 ment area of the State, using funds received under 

16 this subtitle, as well as other Federal, State, or local 

17 funds received in partnership with other agencies for 

18 the purpose of adult literacy as applicable;’’; 

19 (C) in paragraph (3)— 

20 (i) by inserting ‘‘and measure’’ after 

21 ‘‘evaluate’’; 

22 (ii) by inserting ‘‘and improvement’’ 

23 after ‘‘effectiveness’’; and 

24 (iii) by striking ‘‘212’’ and inserting 

25 ‘‘212, including— 
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1 ‘‘(A) how the eligible agency will evaluate 

2 and measure annually such effectiveness on a 

3 grant-by-grant basis; and 

4 ‘‘(B) how the eligible agency— 

5 ‘‘(i) will hold eligible providers ac6 countable regarding the progress of such 

7 providers in improving the academic 

8 achievement of participants in adult edu9 cation programs under this subtitle and re10 garding the core indicators of performance 

11 described in section 212(b)(2)(A); and 

12 ‘‘(ii) will use technical assistance, 

13 sanctions, and rewards (including alloca14 tion of grant funds based on performance 

15 and termination of grant funds based on 

16 performance)’’; 

17 (D) by redesignating paragraphs (5) 

18 through (12) as paragraphs (6) through (13), re19 spectively; 

20 (E) by inserting after paragraph (4) the fol21 lowing: 

22 ‘‘(5) a description of how the eligible agency will 

23 improve teacher quality, the professional development 

24 of eligible providers, and instruction;’’; 
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•S 1021 RS 

1 (F) in paragraph (6) (as redesignated by 

2 subparagraph (D)), by striking ‘‘who’’ and all 

3 that follows through the semicolon and inserting 

4 ‘‘that— 

5 ‘‘(A) offers flexible schedules and coordinates 

6 with necessary Federal, State, and local support 

7 services (such as child care, transportation, men8 tal health services, and case management) to en9 able individuals, including individuals with dis10 abilities or individuals with other special needs, 

11 to participate in adult education and literacy 

12 activities; and 

13 ‘‘(B) attempts to coordinate with support 

14 services that are not provided under this subtitle 

15 prior to using funds for adult education and lit16 eracy activities provided under this subtitle for 

17 support services;’’; 

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

19 subparagraph (D)), by striking ‘‘plan;’’ and in20 serting ‘‘plan, which process— 

21 ‘‘(A) shall include the State workforce in22 vestment board, the Governor, State officials rep23 resenting public schools, community colleges, wel24 fare agencies, agencies that provide services to 

25 individuals with disabilities, other State agencies 
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•S 1021 RS 

1 that promote or operate adult education and lit2 eracy activities, and direct providers of such 

3 adult literacy services; and 

4 ‘‘(B) may include consultation with the 

5 State agency for higher education, institutions 

6 responsible for professional development of adult 

7 education and literacy education program in8 structors, institutions of higher education, rep9 resentatives of business and industry, refugee as10 sistance programs, and community-based organi11 zations (as such term is defined in section 

12 101);’’; 

13 (H) in paragraph (11) (as redesignated by 

14 subparagraph (D))— 

15 (i) by inserting ‘‘assess potential popu16 lation needs and’’ after ‘‘will’’; 

17 (ii) in subparagraph (A), by striking 

18 ‘‘students’’ and inserting ‘‘individuals’’; 

19 (iii) in subparagraph (C), by striking 

20 ‘‘and’’ after the semicolon; and 

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

22 ‘‘(E) the unemployed; and 

23 ‘‘(F) those individuals who are employed, 

24 but at levels below self-sufficiency, as defined in 

25 section 101;’’; 
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1 (I) in paragraph (12) (as redesignated by 

2 subparagraph (D))— 

3 (i) by inserting ‘‘and how the plan 

4 submitted under this subtitle is coordinated 

5 with the plan submitted by the State under 

6 title I’’ after ‘‘eligible agency’’; and 

7 (ii) by striking ‘‘and’’ after the semi8 colon; 

9 (J) in paragraph (13) (as redesignated by 

10 subparagraph (D)), by striking ‘‘231(c)(1).’’ and 

11 inserting ‘‘231(c)(1), including— 

12 ‘‘(A) how the State will build the capacity 

13 of organizations that provide adult education 

14 and literacy activities; and 

15 ‘‘(B) how the State will increase the partici16 pation of business and industry in adult edu17 cation and literacy activities;’’; and 

18 (K) by adding at the end the following: 

19 ‘‘(14) a description of how the eligible agency 

20 will consult with any State agency responsible for 

21 postsecondary education to develop adult education 

22 programs and services (including academic skill de23 velopment and support services) that prepare students 

24 to enter postsecondary education upon the attainment 
677 

•S 1021 RS 

1 of a secondary school diploma or its recognized equiv2 alent; 

3 ‘‘(15) a description of how the eligible agency 

4 will consult with the State agency responsible for 

5 workforce development to develop adult education pro6 grams and services that are designed to prepare stu7 dents to enter the workforce; and 

8 ‘‘(16) a description of how the eligible agency 

9 will improve the professional development of eligible 

10 providers of adult education and literacy activities.’’; 

11 (3) in subsection (c), by adding at the end the 

12 following: ‘‘At the end of the first 2-year period of the 

13 4-year State plan, the eligible agency shall review 

14 and, as needed, revise the 4-year State plan.’’; and 

15 (4) in subsection (d)— 

16 (A) in paragraph (1), by inserting ‘‘, the 

17 chief State school officer, the State officer respon18 sible for administering community and technical 

19 colleges, and the State workforce investment 

20 board’’ after ‘‘Governor’’; and 

21 (B) in paragraph (2), by striking ‘‘com22 ments’’ and all that follows through the period 

23 and inserting ‘‘comments regarding the State 

24 plan by the Governor, the chief State school offi25 cer, the State officer responsible for admin-
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•S 1021 RS 

1 istering community and technical colleges, and 

2 the State workforce investment board, and any 

3 revision to the State plan, are submitted to the 

4 Secretary.’’. 

5 SEC. 211. PROGRAMS FOR CORRECTIONS EDUCATION AND 

6 OTHER INSTITUTIONALIZED INDIVIDUALS. 

7 Section 225 of the Adult Education and Family Lit8 eracy Act (20 U.S.C. 9225) is amended— 

9 (1) in subsection (b)— 

10 (A) in paragraph (1), by striking ‘‘basic 

11 education’’ and inserting ‘‘adult education and 

12 literacy activities’’; 

13 (B) in paragraph (2), by inserting ‘‘and’’ 

14 after the semicolon; 

15 (C) by striking paragraph (3); and 

16 (D) by redesignating paragraph (4) as 

17 paragraph (3); and 

18 (2) in subsection (d), by striking ‘‘DEFINITION

19 OF CRIMINAL OFFENDER.—’’ and inserting ‘‘DEFINI20 TIONS.—In this section:’’. 

21 SEC. 212. GRANTS AND CONTRACTS FOR ELIGIBLE PRO22 VIDERS. 

23 Section 231 of the Adult Education and Family Lit24 eracy Act (20 U.S.C. 9241) is amended— 

25 (1) in subsection (b)— 
679 

•S 1021 RS 

1 (A) in paragraph (1), by striking ‘‘work2 place literacy services’’ and inserting ‘‘workplace 

3 literacy programs’’; and 

4 (B) in paragraph (3), by striking ‘‘literacy’’ 

5 and inserting ‘‘language acquisition’’; and 

6 (2) in subsection (e)— 

7 (A) in paragraph (1), by inserting ‘‘to be 

8 achieved annually on the core indicators of per9 formance and employment performance indica10 tors described in section 212(b)(2)’’ after ‘‘out11 comes’’; 

12 (B) by striking paragraph (3) and inserting 

13 the following: 

14 ‘‘(3) the commitment of the eligible provider to 

15 be responsive to local needs and to serve individuals 

16 in the community who were identified by the assess17 ment as most in need of adult literacy services, in18 cluding individuals who are low-income, have mini19 mal literacy skills, have learning disabilities, or have 

20 limited English proficiency;’’; 

21 (C) in paragraph (4)(B), by striking ‘‘, 

22 such as’’ and all that follows through the semi23 colon and inserting ‘‘that include the essential 

24 components of reading instruction;’’; 
680 

•S 1021 RS 

1 (D) in paragraph (5), by striking ‘‘re2 search’’ and inserting ‘‘the most rigorous re3 search available, including scientifically based 

4 research,’’; 

5 (E) in paragraph (9), by inserting ‘‘edu6 cation, job training, and social service’’ after 

7 ‘‘other available’’; 

8 (F) in paragraph (10)— 

9 (i) by inserting ‘‘coordination with 

10 Federal, State, and local’’ after ‘‘schedules 

11 and’’; and 

12 (ii) by striking ‘‘and transportation’’ 

13 and inserting ‘‘, transportation, mental 

14 health services, and case management’’; 

15 (G) in paragraph (11)— 

16 (i) by inserting ‘‘measurable’’ after 

17 ‘‘report’’; 

18 (ii) by striking ‘‘eligible agency’’; 

19 (iii) by inserting ‘‘established by the el20 igible agency’’ after ‘‘performance meas21 ures’’; and 

22 (iv) by striking ‘‘and’’ after the semi23 colon; 

24 (H) in paragraph (12), by striking ‘‘lit25 eracy programs.’’ and inserting ‘‘language acqui-
681 

•S 1021 RS 

1 sition programs and civics education pro2 grams;’’; and 

3 (I) by adding at the end the following: 

4 ‘‘(13) the capacity of the eligible provider to 

5 produce information on performance results, includ6 ing enrollments and measurable participant out7 comes; 

8 ‘‘(14) whether reading, writing, speaking, mathe9 matics, and English language acquisition instruction 

10 provided by the eligible provider are based on the best 

11 practices derived from the most rigorous research 

12 available and appropriate, including scientifically 

13 based research that is available and appropriate; 

14 ‘‘(15) whether the eligible provider’s applications 

15 of technology and services to be provided are sufficient 

16 to increase the amount and quality of learning and 

17 lead to measurable learning gains within specified 

18 time periods; and 

19 ‘‘(16) the capacity of the eligible provider to 

20 serve adult learners with learning disabilities.’’. 

21 SEC. 213. LOCAL APPLICATION. 

22 Section 232 of the Adult Education and Family Lit23 eracy Act (20 U.S.C. 9242) is amended— 

24 (1) in paragraph (1)— 
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•S 1021 RS 

1 (A) by inserting ‘‘consistent with the re2 quirements of this subtitle’’ after ‘‘spent’’; and 

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

4 (2) in paragraph (2), by striking the period at 

5 the end and inserting ‘‘; and’’; and 

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

7 ‘‘(3) information that addresses each of the con8 siderations required under section 231(e).’’. 

9 SEC. 214. LOCAL ADMINISTRATIVE COST LIMITS. 

10 Section 233 of the Adult Education and Family Lit11 eracy Act (20 U.S.C. 9243) is amended— 

12 (1) in subsection (a)(2)— 

13 (A) by inserting ‘‘and professional’’ after 

14 ‘‘personnel’’; and 

15 (B) by inserting ‘‘development of measur16 able goals in reading, writing, and speaking the 

17 English language, and in mathematical com18 putation,’’ after ‘‘development,’’; and 

19 (2) in subsection (b)— 

20 (A) by inserting ‘‘and professional’’ after 

21 ‘‘personnel’’; and 

22 (B) by inserting ‘‘development of measur23 able goals in reading, writing, and speaking the 

24 English language, and in mathematical com25 putation,’’ after ‘‘development,’’. 
683 

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1 SEC. 215. ADMINISTRATIVE PROVISIONS. 

2 Section 241(b) of the Adult Education and Family 

3 Literacy Act (20 U.S.C. 9251(b)) is amended— 

4 (1) in paragraph (1)(A)— 

5 (A) by striking ‘‘adult education and lit6 eracy activities’’ each place the term appears 

7 and inserting ‘‘activities under this subtitle’’; 

8 and 

9 (B) by striking ‘‘was’’ and inserting 

10 ‘‘were’’; and 

11 (2) in paragraph (4)— 

12 (A) by inserting ‘‘not more than’’ after 

13 ‘‘this subsection for’’; and 

14 (B) by striking ‘‘only’’. 

15 SEC. 216. NATIONAL INSTITUTE FOR LITERACY. 

16 Section 242 of the Adult Education and Family Lit17 eracy Act (20 U.S.C. 9252) is amended— 

18 (1) in subsection (a)— 

19 (A) in paragraph (1), by striking ‘‘literacy’’ 

20 and inserting ‘‘effective literacy programs for 

21 children, youth, adults, and families’’; 

22 (B) in paragraph (2), by inserting ‘‘and 

23 disseminates information on’’ after ‘‘coordi24 nates’’; and 

25 (C) by striking paragraph (3)(A) and in26 serting the following: 
684 

•S 1021 RS 

1 ‘‘(A) coordinating and participating in the 

2 Federal effort to identify and disseminate infor3 mation on literacy that is derived from scientif4 ically based research, or the most rigorous re5 search available, and effective programs that 

6 serve children, youth, adults, and families; and’’; 

7 (2) by striking subsection (b)(3) and inserting 

8 the following: 

9 ‘‘(3) RECOMMENDATIONS.—The Interagency 

10 Group, in consultation with the National Institute for 

11 Literacy Advisory Board (in this section referred to 

12 as the ‘Board’) established under subsection (e), shall 

13 plan the goals of the Institute and the implementation 

14 of any programs to achieve the goals. The Board may 

15 also request a meeting of the Interagency Group to 

16 discuss any recommendations the Board may make.’’; 

17 (3) in subsection (c)— 

18 (A) in paragraph (1)— 

19 (i) in subparagraph (A)— 

20 (I) by striking ‘‘to establish’’ and 

21 inserting ‘‘to maintain’’; 

22 (II) in clause (i), by striking 

23 ‘‘phonemic awareness, systematic 

24 phonics, fluency, and reading com25 prehension’’ and inserting ‘‘the essen-
685 

•S 1021 RS 

1 tial components of reading instruc2 tion’’; 

3 (III) in clause (iii), by striking 

4 ‘‘and’’ after the semicolon; 

5 (IV) in clause (iv), by inserting 

6 ‘‘and’’ after the semicolon; and 

7 (V) by adding at the end the fol8 lowing: 

9 ‘‘(v) a list of local adult education and 

10 literacy programs;’’; 

11 (ii) in subparagraph (C)— 

12 (I) by striking ‘‘reliable and 

13 replicable research’’ and inserting ‘‘re14 liable and replicable research as de15 fined by the Institute of Education 

16 Sciences’’; and 

17 (II) by striking ‘‘especially with 

18 the Office of Educational Research and 

19 Improvement in the Department of 

20 Education,’’; 

21 (iii) in subparagraph (D), by striking 

22 ‘‘phonemic awareness, systematic phonics, 

23 fluency, and reading comprehension based 

24 on’’ and inserting ‘‘the essential components 

25 of reading instruction and’’; 
686 

•S 1021 RS 

1 (iv) in subparagraph (H), by striking 

2 ‘‘and’’ after the semicolon; 

3 (v) in subparagraph (I), by striking 

4 the period at the end and inserting a semi5 colon; and 

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

7 ‘‘(J) to work cooperatively with the Depart8 ment of Education to assist States that are pur9 suing the implementation of standards-based 

10 educational improvements for adults through the 

11 dissemination of training, technical assistance, 

12 and related support and through the development 

13 and dissemination of related standards-based as14 sessment instruments; and 

15 ‘‘(K) to identify scientifically based research 

16 where available and appropriate, or the most 

17 rigorous research available and appropriate, on 

18 the effectiveness of instructional practices and or19 ganizational strategies relating to literacy pro20 grams on the acquisition of skills in reading, 

21 writing, English acquisition, and mathematics.’’; 

22 and 

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

24 ‘‘(3) COORDINATION.—In identifying the reliable 

25 and replicable research the Institute will support, the 
687 

•S 1021 RS 

1 Institute shall use standards for research quality that 

2 are consistent with those of the Institute of Education 

3 Sciences.’’; 

4 (4) in subsection (e)— 

5 (A) in paragraph (1)(B)— 

6 (i) in clause (i), by striking ‘‘literacy 

7 programs’’ and inserting ‘‘language acquisi8 tion programs’’; 

9 (ii) in clause (ii), by striking ‘‘literacy 

10 programs’’ and inserting ‘‘or have partici11 pated in or partnered with workplace lit12 eracy programs’’; 

13 (iii) in clause (iv), by inserting ‘‘, in14 cluding adult literacy research’’ after ‘‘re15 search’’; 

16 (iv) in clause (vi), by striking ‘‘and’’ 

17 after the semicolon; 

18 (v) in clause (vii), by striking the pe19 riod at the end and inserting ‘‘; and’’; and 

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

21 ‘‘(viii) institutions of higher edu22 cation.’’; 

23 (B) in paragraph (2)— 

24 (i) in subparagraph (B), by striking 

25 ‘‘and’’ after the semicolon; 
688 

•S 1021 RS 

1 (ii) in subparagraph (C), by striking 

2 the period at the end and inserting ‘‘; and’’; 

3 and 

4 (iii) by adding at the end the fol5 lowing: 

6 ‘‘(D) review the biennial report submitted to 

7 Congress pursuant to subsection (k).’’; and 

8 (C) in paragraph (5), by striking the second 

9 sentence and inserting the following: ‘‘A rec10 ommendation of the Board may be passed only 

11 by a majority of the Board’s members present at 

12 a meeting for which there is a quorum.’’; and 

13 (5) in subsection (k)— 

14 (A) by striking ‘‘Labor and Human Re15 sources’’ and inserting ‘‘Health, Education, 

16 Labor, and Pensions’’; and 

17 (B) by striking ‘‘The Institute shall submit 

18 a report biennially to’’ and inserting ‘‘Not later 

19 than 1 year after the date of enactment of the 

20 Adult Education and Family Literacy Act 

21 Amendments of 2005, and biennially thereafter, 

22 the Institute shall submit a report to’’. 

23 SEC. 217. NATIONAL LEADERSHIP ACTIVITIES. 

24 Section 243 of the Adult Education and Family Lit25 eracy Act (20 U.S.C. 9253) is amended to read as follows: 
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•S 1021 RS 

1 ‘‘SEC. 243. NATIONAL LEADERSHIP ACTIVITIES. 

2 ‘‘(a) IN GENERAL.—The Secretary shall establish and 

3 carry out a program of national leadership activities to en4 hance the quality of adult education and literacy programs 

5 nationwide. 

6 ‘‘(b) PERMISSIVE ACTIVITIES.—The national leader7 ship activities described in subsection (a) may include the 

8 following: 

9 ‘‘(1) Technical assistance, including— 

10 ‘‘(A) assistance provided to eligible pro11 viders in developing and using performance 

12 measures for the improvement of adult education 

13 and literacy activities, including family literacy 

14 services; 

15 ‘‘(B) assistance related to professional devel16 opment activities, and assistance for the pur17 poses of developing, improving, identifying, and 

18 disseminating the most successful methods and 

19 techniques for providing adult education and lit20 eracy activities, including family literacy serv21 ices, based on scientific evidence where available; 

22 ‘‘(C) assistance in distance learning and 

23 promoting and improving the use of technology 

24 in the classroom; 

25 ‘‘(D) assistance in developing valid, meas26 urable, and reliable performance data, including 
690 

•S 1021 RS 

1 data about employment and employment out2 come, and using performance information for the 

3 improvement of adult education and literacy 

4 programs; and 

5 ‘‘(E) assistance to help States, particularly 

6 low-performing States, meet the requirements of 

7 section 212. 

8 ‘‘(2) A program of grants, contracts, or coopera9 tive agreements awarded on a competitive basis to na10 tional, regional, or local networks of private nonprofit 

11 organizations, public libraries, or institutions of high12 er education to build the capacity of such networks’ 

13 members to meet the performance requirements of eli14 gible providers under this title and involve adult 

15 learners in program improvement. 

16 ‘‘(3) Funding national leadership activities that 

17 are not described in paragraph (1), either directly or 

18 through grants, contracts, or cooperative agreements 

19 awarded on a competitive basis to or with postsec20 ondary educational institutions, public or private or21 ganizations or agencies, or consortia of such institu22 tions, organizations, or agencies, such as— 

23 ‘‘(A) developing, improving, and identifying 

24 the most successful methods and techniques for 

25 addressing the education needs of adults, includ-
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•S 1021 RS 

1 ing instructional practices using the essential 

2 components of reading instruction based on the 

3 work of the National Institute of Child Health 

4 and Human Development; 

5 ‘‘(B) increasing the effectiveness of, and im6 proving the quality of, adult education and lit7 eracy activities, including family literacy serv8 ices; 

9 ‘‘(C) carrying out rigorous research, includ10 ing scientifically based research where appro11 priate, on national literacy basic skill acquisi12 tion for adult learning, including estimating the 

13 number of adults functioning at the lowest levels 

14 of literacy proficiency; 

15 ‘‘(D)(i) carrying out demonstration pro16 grams; 

17 ‘‘(ii) disseminating best practices informa18 tion, including information regarding promising 

19 practices resulting from federally funded dem20 onstration programs; and 

21 ‘‘(iii) developing and replicating best prac22 tices and innovative programs, including— 

23 ‘‘(I) the development of models for 

24 basic skill certificates; 
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1 ‘‘(II) the identification of effective 

2 strategies for working with adults with 

3 learning disabilities and with adults with 

4 limited English proficiency; 

5 ‘‘(III) integrated basic and workplace 

6 skills education programs; 

7 ‘‘(IV) coordinated literacy and employ8 ment services; and 

9 ‘‘(V) postsecondary education transi10 tion programs; 

11 ‘‘(E) providing for the conduct of an inde12 pendent evaluation and assessment of adult edu13 cation and literacy activities through studies 

14 and analyses conducted independently through 

15 grants and contracts awarded on a competitive 

16 basis, which evaluation and assessment shall in17 clude descriptions of— 

18 ‘‘(i) the effect of performance measures 

19 and other measures of accountability on the 

20 delivery of adult education and literacy ac21 tivities, including family literacy services; 

22 ‘‘(ii) the extent to which the adult edu23 cation and literacy activities, including 

24 family literacy services, increase the lit25 eracy skills of adults (and of children, in 
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1 the case of family literacy services), lead the 

2 participants in such activities to involve3 ment in further education and training, en4 hance the employment and earnings of such 

5 participants, and, if applicable, lead to 

6 other positive outcomes, such as reductions 

7 in recidivism in the case of prison-based 

8 adult education and literacy activities; 

9 ‘‘(iii) the extent to which the provision 

10 of support services to adults enrolled in 

11 adult education and family literacy pro12 grams increase the rate of enrollment in, 

13 and successful completion of, such pro14 grams; and 

15 ‘‘(iv) the extent to which different types 

16 of providers measurably improve the skills 

17 of participants in adult education and lit18 eracy programs; 

19 ‘‘(F) supporting efforts aimed at capacity 

20 building of programs at the State and local levels 

21 such as technical assistance in program plan22 ning, assessment, evaluation, and monitoring of 

23 activities carried out under this subtitle; 

24 ‘‘(G) collecting data, such as data regarding 

25 the improvement of both local and State data 
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1 systems, through technical assistance and devel2 opment of model performance data collection sys3 tems; 

4 ‘‘(H) supporting the development of an enti5 ty that would produce and distribute technology6 based programs and materials for adult edu7 cation and literacy programs using an inter8 connection system (as defined in section 397 of 

9 the Communications Act of 1934 (47 U.S.C. 

10 397)) and expand the effective outreach and use 

11 of such programs and materials to adult edu12 cation eligible providers; 

13 ‘‘(I) determining how participation in 

14 adult education and literacy activities prepares 

15 individuals for entry into postsecondary edu16 cation and employment and, in the case of pris17 on-based services, has an effect on recidivism; 

18 and 

19 ‘‘(J) other activities designed to enhance the 

20 quality of adult education and literacy activities 

21 nationwide.’’. 

22 SEC. 218. INTEGRATED ENGLISH LITERACY AND CIVICS 

23 EDUCATION. 

24 Chapter 4 of subtitle A of title II (29 U.S.C. 9251 et 

25 seq.) is amended by adding at the end the following: 
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1 ‘‘SEC. 244. INTEGRATED ENGLISH LITERACY AND CIVICS 

2 EDUCATION. 

3 ‘‘(a) IN GENERAL.—From funds made available under 

4 section 211(a)(4) for each fiscal year, the Secretary shall 

5 award grants to States, from allotments under subsection 

6 (b), for integrated English literacy and civics education. 

7 ‘‘(b) ALLOTMENT.— 

8 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

9 from amounts made available under section 211(a)(4) 

10 for a fiscal year, the Secretary shall allocate— 

11 ‘‘(A) 65 percent to the States on the basis 

12 of a State’s need for integrated English literacy 

13 and civics education as determined by calcu14 lating each State’s share of a 10-year average of 

15 the Immigration and Naturalization Service 

16 data for immigrants admitted for legal perma17 nent residence for the 10 most recent years; and 

18 ‘‘(B) 35 percent to the States on the basis 

19 of whether the State experienced growth as meas20 ured by the average of the 3 most recent years 

21 for which Immigration and Naturalization Serv22 ice data for immigrants admitted for legal per23 manent residence are available. 

24 ‘‘(2) MINIMUM.—No State shall receive an allot25 ment under paragraph (1) in an amount that is less 

26 than $60,000.’’. 
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1 SEC. 219. TRANSITION. 

2 The Secretary shall take such steps as the Secretary 

3 determines to be appropriate to provide for the orderly tran4 sition to the authority of the Adult Education and Family 

5 Literacy Act (as amended by this title) from any authority 

6 under provisions of the Adult Education and Family Lit7 eracy Act (as such Act was in effect on the day before the 

8 date of enactment of the Adult Education and Family Lit9 eracy 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 strik15 ing ‘‘section 134(c)’’ and inserting ‘‘section 121(e)’’. 

16 (b) COLOCATION.—Section 3 of the Wagner-Peyser Act 

17 (29 U.S.C. 49b) is amended by adding at the end the fol18 lowing: 

19 ‘‘(d) In order to avoid duplication of services and en20 hance integration of services, employment services offices in 

21 each State shall be colocated with one-stop centers estab22 lished under title I of the Workforce Investment Act of 1998 

23 (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 
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1 tools that may be used to improve access to workforce infor2 mation for individuals through— 

3 ‘‘(1) the one-stop delivery systems established 

4 under section 121(e) of the Workforce Investment Act 

5 of 1998 (29 U.S.C. 2841(e)); and 

6 ‘‘(2) such other delivery systems as the Secretary 

7 determines to be appropriate.’’. 

8 (c) COOPERATIVE STATISTICAL PROGRAM.—Section 

9 14 of the Wagner-Peyser Act (29 U.S.C. 49l–1) is amended 

10 by striking the section heading and all that follows through 

11 ‘‘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 U.S.C. 

16 49l–2) is amended— 

17 (1) by striking the section heading and inserting 

18 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’’; 
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1 (4) in subsection (b)— 

2 (A) in paragraph (1)— 

3 (i) by striking ‘‘The’’ and inserting the 

4 following: 

5 ‘‘(A) STRUCTURE.—The’’; and 

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

7 ‘‘(B) GRANTS OR COOPERATIVE AGREE8 MENTS.— 

9 ‘‘(i) IN GENERAL.—The Secretary shall 

10 carry out the provisions of this section in a 

11 timely manner through grants or coopera12 tive agreements with States. 

13 ‘‘(ii) DISTRIBUTION OF FUNDS.—With 

14 regard to distributing funds appropriated 

15 under subsection (g) (relating to workforce 

16 and labor market information funding) for 

17 fiscal years 2006 through 2011, the Sec18 retary shall continue to distribute the funds 

19 to States in the manner in which the Sec20 retary distributed funds to the States under 

21 this section for fiscal years 1999 through 

22 2003.’’; and 

23 (B) in paragraph (2)(E)— 

24 (i) in clause (i), by adding ‘‘and’’ at 

25 the end; 
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1 (ii) in clause (ii), by striking ‘‘; and’’ 

2 and inserting a period; and 

3 (iii) by striking clause (iii); 

4 (5) by striking subsections (c) and (d) and in5 serting the following: 

6 ‘‘(c) TWO-YEAR PLAN.—The Secretary, working 

7 through the Commissioner of Labor Statistics, and in co8 operation with the States and with the assistance of the As9 sistant Secretary for Employment and Training and heads 

10 of other appropriate Federal agencies, shall prepare a 2- 

11 year plan which shall be the mechanism for achieving coop12 erative management of the nationwide workforce and labor 

13 market information system described in subsection (a) and 

14 the statewide workforce and labor market information sys15 tems that comprise the nationwide system. The plan shall— 

16 ‘‘(1) describe the steps the to be taken in the fol17 lowing 2 years to carry out the duties described in 

18 subsection (b)(2); 

19 ‘‘(2) evaluate the performance of the system and 

20 recommend needed improvements, with particular at21 tention to the improvements needed at the State and 

22 local levels; and 

23 ‘‘(3) describe the involvement of States in the de24 velopment of the plan, through consultation between 
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1 the Secretary and representatives from State agencies 

2 in accordance with subsection (d). 

3 ‘‘(d) COORDINATION WITH THE STATES.—The Sec4 retary, working though the Commissioner of Labor Statis5 tics and in coordination with the Assistant Secretary for 

6 Employment and Training, shall formally consult at least 

7 twice annually with representatives of each of the Federal 

8 regions of the Department of Labor, elected (pursuant to 

9 a process established by the Secretary) by and from the 

10 State workforce and labor market information directors af11 filiated with the State agencies that perform the duties de12 scribed in subsection (e)(2).’’; 

13 (6) in subsection (e)— 

14 (A) in paragraph (1)(A), by striking ‘‘an15 nual plan’’ and inserting ‘‘plan described in sub16 section (c)’’; and 

17 (B) in paragraph (2)— 

18 (i) in subparagraph (G), by adding 

19 ‘‘and’’ at the end; 

20 (ii) by striking subparagraph (H); and 

21 (iii) by redesignating subparagraph (I) 

22 as subparagraph (H); and 

23 (7) in subsection (g), by striking ‘‘1999 through 

24 2004’’ and inserting ‘‘2006 through 2011’’. 
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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 1(b) 

9 of the Rehabilitation Act of 1973 is amended by inserting 

10 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 Rehabili12 tation Act of 1973 is amended by inserting after the item 

13 relating to section 112 the following: 

‘‘Sec. 113. Incentive grants.’’. 

14 (c) INDEPENDENT LIVING SERVICES FOR OLDER INDI15 VIDUALS WHO ARE BLIND.—Section 1(b) of the Rehabilita16 tion Act of 1973 is amended by striking the items relating 

17 to sections 752 and 753 and inserting the following: 

‘‘Sec. 752. Training and technical assistance. 

‘‘Sec. 753. Program of grants. 

‘‘Sec. 754. Authorization of appropriations.’’. 

18 SEC. 403. PURPOSE. 

19 Section 2 of the Rehabilitation Act of 1973 (29 U.S.C. 

20 701) is amended— 

21 (1) in subsection (a)— 
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1 (A) in paragraph (5), by striking ‘‘and’’ 

2 after the semicolon; 

3 (B) in paragraph (6), by striking the period 

4 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 indi7 viduals 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 those 

11 youth as the youth transition from school to postsec12 ondary 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 period 

17 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 ensure 

22 successful employment of individuals with disabil23 ities.’’. 
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1 SEC. 404. REHABILITATION SERVICES ADMINISTRATION. 

2 Section 3 of the Rehabilitation Act of 1973 (29 U.S.C. 

3 702) is amended— 

4 (1) by redesignating subsection (b) as subsection 

5 (c); and 

6 (2) by inserting after subsection (a) the fol7 lowing: 

8 ‘‘(b) The Secretary shall ensure that— 

9 ‘‘(1) the Rehabilitation Services Administration 

10 has sufficient staff to provide oversight of, conduct au11 diting of, and provide technical assistance to, the des12 ignated State agencies funded under this Act; and 

13 ‘‘(2) such staff include individuals who have 

14 training in and experience with the provision of voca15 tional rehabilitation services.’’. 

16 SEC. 405. DEFINITIONS. 

17 Section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 

18 705) is amended— 

19 (1) in paragraph (2)(B)— 

20 (A) in the matter preceding clause (i), by 

21 inserting ‘‘and literacy services’’ after ‘‘sup22 ported employment’’; and 

23 (B) in clause (iii), by inserting ‘‘and lit24 eracy skills’’ after ‘‘educational achievements’’; 

25 (2) by striking paragraphs (3) and (4) and in26 serting the following: 
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1 ‘‘(3) ASSISTIVE TECHNOLOGY DEFINITIONS.— 

2 ‘‘(A) ASSISTIVE TECHNOLOGY.—The term 

3 ‘assistive technology’ has the meaning given such 

4 term in section 3 of the Assistive Technology Act 

5 of 1998 (29 U.S.C. 3002). 

6 ‘‘(B) ASSISTIVE TECHNOLOGY DEVICE.—The 

7 term ‘assistive technology device’ has the mean8 ing given such term in section 3 of the Assistive 

9 Technology Act of 1998, except that the reference 

10 in such section to the term ‘individuals with dis11 abilities’ shall be deemed to mean more than one 

12 individual with a disability as defined in para13 graph (20)(A). 

14 ‘‘(C) ASSISTIVE TECHNOLOGY SERVICE.— 

15 The term ‘assistive technology service’ has the 

16 meaning given such term in section 3 of the As17 sistive Technology Act of 1998, except that the 

18 reference in such section— 

19 ‘‘(i) to the term ‘individual with a dis20 ability’ shall be deemed to mean an indi21 vidual with a disability, as defined in 

22 paragraph (20)(A); and 

23 ‘‘(ii) to the term ‘individuals with dis24 abilities’ shall be deemed to mean more than 

25 one such individual.’’; 
705 

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1 (3) by inserting after paragraph (6) the fol2 lowing: 

3 ‘‘(7) CONSUMER ORGANIZATION.—The term ‘con4 sumer organization’ means a membership organiza5 tion, or disability advocacy group, for which a major6 ity of the members of the board of directors of the or7 ganization or group are individuals with disabilities 

8 or family members of individuals with disabilities.’’; 

9 (4) in paragraph (17)— 

10 (A) in subparagraph (C), by striking ‘‘and’’ 

11 after the semicolon; 

12 (B) in subparagraph (D), by striking the 

13 period at the end and inserting ‘‘; and’’; and 

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

15 ‘‘(E)(i) facilitating transitions of— 

16 ‘‘(I) youth who are individuals with 

17 significant disabilities and have completed 

18 individualized education programs under 

19 section 614(d) of the Individuals with Dis20 abilities Education Act (20 U.S.C. 1414(d)) 

21 to postsecondary life, including employ22 ment; and 

23 ‘‘(II) individuals with significant dis24 abilities from nursing homes and other in25 stitutions, including institutions serving in-
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1 dividuals with cognitive disabilities, to com2 munity-based residences; and 

3 ‘‘(ii) assisting individuals with significant 

4 disabilities at risk of entering institutions to re5 main in the community.’’; 

6 (5) by redesignating paragraphs (24) through 

7 (28), (29) through (34), (35) through (37), and (38) 

8 through (39), as paragraphs (25) through (29), (31) 

9 through (36), (38) through (40), and (42) through 

10 (43), respectively; 

11 (6) by inserting after paragraph (23) the fol12 lowing: 

13 ‘‘(24) LITERACY.—The term ‘literacy’ has the 

14 meaning given the term in section 203 of the Adult 

15 Education and Family Literacy Act (20 U.S.C. 

16 9202).’’; 

17 (7) by inserting after paragraph (29), as redesig18 nated by paragraph (5), the following: 

19 ‘‘(30) POST-EMPLOYMENT SERVICE.—The term 

20 ‘post-employment’ service means a service identified 

21 in section 103(a) that is— 

22 ‘‘(A) provided subsequent to the achievement 

23 of an employment outcome; and 

24 ‘‘(B) necessary for an individual to main25 tain, regain, or advance in employment, con-
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•S 1021 RS 

1 sistent with the individual’s strengths, resources, 

2 priorities, concerns, abilities, capabilities, inter3 ests, and informed choice.’’; 

4 (8) by inserting after paragraph (36), as redesig5 nated by paragraph (5), the following: 

6 ‘‘(37) STUDENT WITH A DISABILITY.— 

7 ‘‘(A) IN GENERAL.—The term ‘student with 

8 a disability’ means an individual with a dis9 ability who attends an elementary school or sec10 ondary school and who— 

11 ‘‘(i) is not younger than 16 years of 

12 age; 

13 ‘‘(ii) is not older than 22 years of age; 

14 ‘‘(iii) has been determined to be eligible 

15 under section 102(a) for assistance under 

16 title I; and 

17 ‘‘(iv)(I) is eligible for, and receiving, 

18 special education or related services under 

19 part B of the Individuals with Disabilities 

20 Education Act (20 U.S.C. 1411 et seq.); or 

21 ‘‘(II) is an individual with a dis22 ability, for purposes of section 504. 

23 ‘‘(B) STUDENTS WITH DISABILITIES.—The 

24 term ‘students with disabilities’ means more 

25 than 1 student with a disability.’’; 
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1 (9) in paragraph (38)(A)(ii), as redesignated by 

2 paragraph (5), by striking ‘‘paragraph (36)(C)’’ and 

3 inserting ‘‘paragraph (39)(C)’’; and 

4 (10) by inserting after paragraph (40), as redes5 ignated by paragraph (5), the following: 

6 ‘‘(41) TRANSITION SERVICES EXPANSION YEAR.— 

7 The term ‘transition services expansion year’ 

8 means— 

9 ‘‘(A) the first fiscal year for which the 

10 amount appropriated under section 100(b) ex11 ceeds the amount appropriated under section 

12 100(b) for fiscal year 2006 by not less than 

13 $100,000,000; and 

14 ‘‘(B) each fiscal year subsequent to that first 

15 fiscal year.’’. 

16 SEC. 406. ADMINISTRATION OF THE ACT. 

17 Section 12(a)(1) of the Rehabilitation Act of 1973 (29 

18 U.S.C. 709(a)(1)) is amended— 

19 (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and 

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

21 ‘‘(B) provide technical assistance to the des22 ignated State units on developing successful partner23 ships with local and multi-State businesses in an ef24 fort to employ individuals with disabilities; and 
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1 ‘‘(C) provide technical assistance on developing 

2 self-employment opportunities and outcomes for indi3 viduals with disabilities;’’. 

4 SEC. 407. REPORTS. 

5 Section 13 of the Rehabilitation Act of 1973 (29 U.S.C. 

6 710) is amended by adding at the end the following: 

7 ‘‘(d)(1)(A) The Commissioner shall ensure that the re8 ports, information, and data described in subparagraph (B) 

9 will be posted in a timely manner on the website of the 

10 Department of Education, in order to inform the public 

11 about the administration and performance of programs in 

12 each State under this Act. 

13 ‘‘(B) The reports, information, and data referred to in 

14 subparagraph (A) shall consist of— 

15 ‘‘(i) reports submitted by a designated State unit 

16 under this Act; 

17 ‘‘(ii) accountability information (including State 

18 performance information relating to evaluation 

19 standards and performance indicators under section 

20 106 and State performance information relating to 

21 State performance measures under section 136 of the 

22 Workforce Investment Act of 1998 (29 U.S.C. 2871)) 

23 submitted by a designated State unit under this Act 

24 or submitted by a State to the Secretary of Labor 

25 under subsection (d) of such section 136; 
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1 ‘‘(iii) data collected from each designated State 

2 unit under this Act with the approval of the Office of 

3 Management and Budget; and 

4 ‘‘(iv) monitoring reports conducted under this 

5 Act. 

6 ‘‘(C) The Commissioner shall maintain, and post on 

7 the website, a listing of the reports, information, and data 

8 required to be submitted by designated State units under 

9 this Act. 

10 ‘‘(D) The Commissioner shall post on the website, or 

11 establish links on the website to, evaluations, studies, and 

12 audits, including evaluations, studies, and audits conducted 

13 by agencies of the Federal Government, concerning pro14 grams carried out under this Act. 

15 ‘‘(E) The Commissioner shall maintain on the website 

16 a list of the designated State units and shall establish links 

17 on the website to websites maintained by those units. 

18 ‘‘(2) The Commissioner shall maintain public use 

19 read-only access to the State and aggregated reports and 

20 analyzed data filed and maintained on the Rehabilitation 

21 Services Administration management information system 

22 or a similar system maintained by the Department of Edu23 cation.’’. 
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1 SEC. 408. CARRYOVER. 

2 Section 19 of the Rehabilitation Act of 1973 (29 U.S.C. 

3 716) is amended— 

4 (1) in subsection (a)(1)— 

5 (A) by inserting ‘‘(except for the client as6 sistance program funded under section 112)’’ 

7 after ‘‘any grant program under part B of title 

8 I’’; 

9 (B) by striking ‘‘, section 509 (except as 

10 provided in section 509(b))’’; 

11 (C) by striking ‘‘or C’’; and 

12 (D) by striking ‘‘752(b)’’ and inserting 

13 ‘‘753(b)’’; and 

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

15 ‘‘(c) CLIENT ASSISTANCE PROGRAM; PROTECTION AND

16 ADVOCACY OF INDIVIDUAL RIGHTS.— 

17 ‘‘(1) APPROPRIATED AMOUNTS.—Notwith18 standing any other provision of law, any funds ap19 propriated for a fiscal year to carry out a grant pro20 gram under section 112 or 509 (except as provided in 

21 section 509(b)), including any funds reallotted under 

22 such grant program, that are not obligated and ex23 pended by recipients prior to the beginning of the suc24 ceeding fiscal year shall remain available for obliga25 tion and expenditure by such recipients during such 

26 succeeding fiscal year. 
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•S 1021 RS 

1 ‘‘(2) PROGRAM INCOME.—Notwithstanding any 

2 other provision of law, any amounts of program in3 come received by recipients under a grant program 

4 under section 112 or 509 in a fiscal year that are not 

5 obligated and expended by recipients prior to the be6 ginning of the succeeding fiscal year, shall remain 

7 available until expended.’’. 

8 Subtitle A—Vocational 

9 Rehabilitation Services 

10 SEC. 411. DECLARATION OF POLICY; AUTHORIZATION OF 

11 APPROPRIATIONS. 

12 Section 100(b)(1) of the Rehabilitation Act of 1973 (29 

13 U.S.C. 720(b)(1)) is amended by striking ‘‘fiscal years 1999 

14 through 2003’’ and inserting ‘‘fiscal years 2006 through 

15 2011’’. 

16 SEC. 412. STATE PLANS. 

17 (a) IN GENERAL.—Section 101(a) of the Rehabilita18 tion Act of 1973 (29 U.S.C. 721(a)) is amended— 

19 (1) in paragraph (2), by adding at the end the 

20 following: 

21 ‘‘(D) STATE AGENCY FOR REIMBURSEMENT

22 PURPOSES.—A governing body of an Indian 

23 tribe that receives a grant under section 121 

24 shall be considered, for purposes of the cost reim25 bursement provisions— 
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1 ‘‘(i) in section 222(d)(1) of the Social 

2 Security Act (42 U.S.C. 422(d)(1)), to be a 

3 State; and 

4 ‘‘(ii) in subsections (d) and (e) of sec5 tion 1615 of the Social Security Act (42 

6 U.S.C. 1382d), to be a State agency de7 scribed in subsection (d) of that section.’’; 

8 (2) in paragraph (6)(B), by striking ‘‘to employ 

9 and advance in employment’’ and inserting ‘‘to re10 cruit, employ, and advance in employment’’; 

11 (3) in paragraph (7)(A)(v), by striking subclause 

12 (I) and inserting the following: 

13 ‘‘(I) a system for the continuing 

14 education of rehabilitation profes15 sionals and paraprofessionals within 

16 the designated State unit, particularly 

17 with respect to rehabilitation tech18 nology, including training imple19 mented in coordination with State pro20 grams carried out under section 4 of 

21 the Assistive Technology Act of 1998 

22 (29 U.S.C. 3003); and’’; 

23 (4) in paragraph (10)— 

24 (A) in subparagraph (B), by striking ‘‘an25 nual reporting on the eligible individuals receiv-
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1 ing the services, on those specific data elements 

2 described in section 136(d)(2) of the Workforce 

3 Investment Act of 1998’’ and inserting ‘‘annual 

4 reporting of information on eligible individuals 

5 receiving the services that is needed to assess per6 formance on the core indicators of performance 

7 described in section 136(b)(2)(A)(i) of the Work8 force Investment Act of 1998 (29 U.S.C. 

9 2871(b)(2)(A)(i))’’; 

10 (B) in subparagraph (C), by striking 

11 clauses (iii) and (iv) and inserting the following: 

12 ‘‘(iii) the number of applicants and el13 igible recipients, including the number of 

14 individuals with significant disabilities, 

15 who exited the program carried out under 

16 this title and the number of such individ17 uals who achieved employment outcomes 

18 after receiving vocational rehabilitation 

19 services; and 

20 ‘‘(iv) the number of individuals who 

21 received vocational rehabilitation services 

22 who entered and retained employment and 

23 the earnings of such individuals, as such 

24 entry, retention, and earnings are defined 

25 for purposes of the core indicators of per-
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1 formance described in section 

2 136(b)(2)(A)(i) of the Workforce Investment 

3 Act of 1998 (29 U.S.C. 2871(b)(2)(A)(i)).’’; 

4 and 

5 (C) in subparagraph (E)(ii), by striking 

6 ‘‘in meeting’’ and all that follows through the pe7 riod and inserting ‘‘in meeting the standards 

8 and indicators established pursuant to section 

9 106.’’; 

10 (5) in paragraph (11)— 

11 (A) by striking subparagraph (C) and in12 serting the following: 

13 ‘‘(C) INTERAGENCY COOPERATION WITH

14 OTHER AGENCIES.—The State plan shall include 

15 descriptions of interagency cooperation with, and 

16 utilization of the services and facilities of, Fed17 eral, State, and local agencies and programs, in18 cluding the State programs carried out under 

19 section 4 of the Assistive Technology Act of 1998 

20 (29 U.S.C. 3003), programs carried out by the 

21 Under Secretary for Rural Development of the 

22 Department of Agriculture, and State use con23 tracting programs, to the extent that such agen24 cies and programs are not carrying out activities 
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1 through the statewide workforce investment sys2 tem.’’; 

3 (B) by striking subparagraph (D)(ii) and 

4 inserting the following: 

5 ‘‘(ii) transition planning by personnel 

6 of the designated State agency and the State 

7 educational agency that will facilitate the 

8 development and completion of the individ9 ualized education programs under section 

10 614(d) of the Individuals with Disabilities 

11 Education Act (20 U.S.C. 1414(d)) and, as 

12 appropriate, the development and comple13 tion of the individualized plan for employ14 ment, in order to achieve post-school em15 ployment outcomes of students with disabil16 ities;’’; and 

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

18 ‘‘(G) COORDINATION WITH ASSISTIVE TECH19 NOLOGY PROGRAMS.—The State plan shall in20 clude an assurance that the designated State 

21 unit, and the lead agency and implementing 

22 agency (if any) designated by the Governor of 

23 the State under section 4 of the Assistive Tech24 nology Act of 1998 (29 U.S.C. 3003), have devel25 oped working relationships and will enter into 
717 

•S 1021 RS 

1 agreements for the coordination of their activi2 ties, including the referral of individuals with 

3 disabilities to programs and activities described 

4 in that section. 

5 ‘‘(H) COORDINATION WITH TICKET TO

6 WORK AND SELF-SUFFICIENCY PROGRAM.—The 

7 State plan shall include an assurance that the 

8 designated State unit will coordinate activities 

9 with any other State agency that is functioning 

10 as an employment network under the Ticket to 

11 Work and Self-Sufficiency Program established 

12 under section 1148 of the Social Security Act (42 

13 U.S.C. 1320b–19).’’; 

14 (6) in paragraph (15)— 

15 (A) in subparagraph (A)— 

16 (i) in clause (i)— 

17 (I) in subclause (II), by striking 

18 ‘‘and’’ after the semicolon; 

19 (II) in subclause (III), by insert20 ing ‘‘and’’ after the semicolon; and 

21 (III) by adding at the end the fol22 lowing: 

23 ‘‘(IV) for purposes of addressing 

24 needs in a transition services expan25 sion year, students with disabilities, 
718 

•S 1021 RS 

1 including their need for transition 

2 services;’’; 

3 (ii) by redesignating clauses (ii) and 

4 (iii) as clauses (iii) and (iv), respectively; 

5 and 

6 (iii) by inserting after clause (i) the 

7 following: 

8 ‘‘(ii) include an assessment of the needs 

9 of individuals with disabilities for transi10 tion services provided under this Act, and 

11 coordinated with transition services pro12 vided under the Individuals with Disabil13 ities Education Act (20 U.S.C. 1400 et 

14 seq.), and an assessment as to whether the 

15 transition services provided under those 

16 Acts meet the needs of individuals with dis17 abilities;’’; and 

18 (B) in subparagraph (D)— 

19 (i) by redesignating clauses (iii), (iv), 

20 and (v) as clauses (iv), (v), and (vi), respec21 tively; and 

22 (ii) by inserting after clause (ii) the 

23 following: 

24 ‘‘(iii) for use in a transition services 

25 expansion year, the methods to be used to 
719 

•S 1021 RS 

1 improve and expand vocational rehabilita2 tion services for students with disabilities, 

3 including the coordination of services de4 signed to facilitate the transition of such 

5 students from the receipt of educational 

6 services in school to postsecondary life, in7 cluding the receipt of vocational rehabilita8 tion services under this title, postsecondary 

9 education, or employment;’’; 

10 (7) in paragraph (20)— 

11 (A) by redesignating subparagraph (B) as 

12 subparagraph (C); 

13 (B) by inserting after subparagraph (A) the 

14 following: 

15 ‘‘(B) INFORMATION ON ASSISTANCE FOR

16 BENEFICIARIES OF ASSISTANCE UNDER TITLE II

17 OR XVI OF THE SOCIAL SECURITY ACT.—The 

18 State plan shall include an assurance that the 

19 designated State agency will make available to 

20 individuals entitled to benefits under title II or 

21 XVI of the Social Security Act (42 U.S.C. 401 

22 et seq., 1381 et seq.) on the basis of a disability 

23 or blindness— 

24 ‘‘(i) information on the availability of 

25 benefits and medical assistance authorized 
720 

•S 1021 RS 

1 under the State medicaid program under 

2 title XIX of the Social Security Act (42 

3 U.S.C. 1396 et seq.) or under the medicare 

4 program under title XVIII of the Social Se5 curity Act (42 U.S.C. 1395 et seq.), and 

6 medical assistance authorized under other 

7 federally funded programs; 

8 ‘‘(ii) information on the availability of 

9 assistance through benefits planning and 

10 assistance programs authorized under sec11 tion 1149 of the Social Security Act (42 

12 U.S.C. 1320b–20) and services provided by 

13 the State protection and advocacy system 

14 and authorized under section 1150 of the 

15 Social Security Act (42 U.S.C. 1320b–21); 

16 and 

17 ‘‘(iii) in the case of individuals who 

18 are also eligible for a ticket under the Ticket 

19 to Work and Self-Sufficiency Program es20 tablished under section 1148 of the Social 

21 Security Act (42 U.S.C. 1320b–19), general 

22 information regarding the options for using 

23 the ticket and information on how to con24 tact a program manager of the Ticket to 

25 Work and Self-Sufficiency Program to ob-
721 

•S 1021 RS 

1 tain information on approved employment 

2 networks, on providers for the benefits plan3 ning and assistance programs described in 

4 subparagraph (B) in the State, and on the 

5 services provided by the State protection 

6 and advocacy system and described in sub7 paragraph (B).’’; and 

8 (C) in subparagraph (C)(ii), as redesig9 nated by subparagraph (A)— 

10 (i) in subclause (II), by inserting ‘‘, to 

11 the maximum extent possible,’’ after ‘‘point 

12 of contact’’; and 

13 (ii) in subclause (III), by striking ‘‘or 

14 regain’’ and inserting ‘‘regain, or advance 

15 in’’; and 

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

17 ‘‘(25) SERVICES FOR STUDENTS WITH DISABIL18 ITIES.—The State plan for a transition services ex19 pansion year shall provide an assurance satisfactory 

20 to the Secretary that the State— 

21 ‘‘(A) has developed and shall implement, in 

22 each transition services expansion year, strate23 gies to address the needs identified in the assess24 ment described in paragraph (15), and achieve 

25 the goals and priorities identified by the State, 
722 

•S 1021 RS 

1 to improve and expand vocational rehabilitation 

2 services for students with disabilities on a state3 wide basis in accordance with paragraph (15); 

4 and 

5 ‘‘(B) in each transition services expansion 

6 year— 

7 ‘‘(i) shall not use more than 5 percent 

8 of the funds reserved under section 110A 

9 and available for this subparagraph, to pay 

10 for administrative costs; and 

11 ‘‘(ii) shall use the remaining funds to 

12 carry out programs or activities designed to 

13 improve and expand vocational rehabilita14 tion services for students with disabilities, 

15 through partnerships described in subpara16 graph (C), that— 

17 ‘‘(I) facilitate the transition of the 

18 students with disabilities from the re19 ceipt of educational services in school, 

20 to the receipt of vocational rehabilita21 tion services under this title, including, 

22 at a minimum, those services specified 

23 in the interagency agreement required 

24 in paragraph (11)(D); 
723 

•S 1021 RS 

1 ‘‘(II) improve the achievement of 

2 post-school goals of students with dis3 abilities through the provision of tran4 sition services, including improving 

5 the achievement through participation 

6 (as appropriate when vocational goals 

7 are discussed) in meetings regarding 

8 individualized education programs de9 veloped under section 614 of the Indi10 viduals with Disabilities Education 

11 Act (20 U.S.C. 1414); 

12 ‘‘(III) provide vocational guid13 ance, career exploration services, and 

14 job search skills and strategies and 

15 technical assistance to students with 

16 disabilities; 

17 ‘‘(IV) support the provision of 

18 training and technical assistance to 

19 local educational agency personnel re20 sponsible for the planning and provi21 sion of services to students with dis22 abilities; and 

23 ‘‘(V) support outreach activities to 

24 students with disabilities who are eligi-
724 

•S 1021 RS 

1 ble for, and need, services under this 

2 title; and 

3 ‘‘(C) in each transition services expansion 

4 year, shall ensure that the funds described in 

5 subparagraph (B)(ii) are awarded only to part6 nerships that— 

7 ‘‘(i) shall include local vocational reha8 bilitation services providers and local edu9 cational agencies; and 

10 ‘‘(ii) may include (or may have link11 ages with)— 

12 ‘‘(I) other agencies such as em13 ployment, social service, and health or14 ganizations, that contribute funds for 

15 the provision of vocational rehabilita16 tion services described in subparagraph 

17 (B)(ii) for eligible students with dis18 abilities; and 

19 ‘‘(II) businesses and business-led 

20 intermediaries.’’. 

21 (b) CONSTRUCTION.—Section 101 of the Rehabilitation 

22 Act of 1973 (29 U.S.C. 721) is amended by adding at the 

23 end the following: 

24 ‘‘(c) CONSTRUCTION.— 
725 

•S 1021 RS 

1 ‘‘(1) DEFINITIONS.—In this subsection, the terms 

2 ‘child with a disability’, ‘free appropriate public edu3 cation’, ‘related services’, and ‘special education’ have 

4 the meanings given the terms in section 602 of the In5 dividuals with Disabilities Education Act (20 U.S.C. 

6 1401). 

7 ‘‘(2) OBLIGATION TO PROVIDE OR PAY FOR TRAN8 SITION SERVICES.—Nothing in this part shall be con9 strued to reduce the obligation of a local educational 

10 agency or any other agency to provide or pay for any 

11 transition services that are also considered special 

12 education or related services and that are necessary 

13 for ensuring a free appropriate public education to 

14 children with disabilities within the State involved.’’. 

15 SEC. 413. ELIGIBILITY AND INDIVIDUALIZED PLAN FOR EM16 PLOYMENT. 

17 Section 102 of the Rehabilitation Act of 1973 (29 

18 U.S.C. 722) is amended— 

19 (1) in subsection (b)— 

20 (A) in paragraph (1)— 

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

22 the semicolon at the end and inserting ‘‘, 

23 including a listing of all the community re24 sources (including resources from consumer 

25 organizations (including advocacy organi-
726 

•S 1021 RS 

1 zations)), to the maximum extent possible, 

2 to assist in the development of such individ3 ual’s individualized plan for employment to 

4 enable the individual to make informed and 

5 effective choices in developing the individ6 ualized plan for employment;’’; and 

7 (ii) in subparagraph (D)— 

8 (I) in clause (i), by striking 

9 ‘‘and’’ after the semicolon; 

10 (II) in clause (ii), by striking the 

11 period at the end and inserting a semi12 colon; and 

13 (III) by adding at the end the fol14 lowing: 

15 ‘‘(iii) for individuals entitled to benefits 

16 under title II or XVI of the Social Security Act 

17 (42 U.S.C. 401 et seq., 1381 et seq.) on the basis 

18 of a disability or blindness— 

19 ‘‘(I) information on the availability of 

20 benefits and medical assistance authorized 

21 under the State medicaid program under 

22 title XIX of the Social Security Act (42 

23 U.S.C. 1396 et seq.) or under the medicare 

24 program under title XVIII of the Social Se25 curity Act (42 U.S.C. 1395 et seq.), and 
727 

•S 1021 RS 

1 medical assistance authorized under other 

2 federally funded programs; 

3 ‘‘(II) information on the availability of 

4 assistance through benefits planning and 

5 assistance programs authorized under sec6 tion 1149 of the Social Security Act (42 

7 U.S.C. 1320b–20) and services provided by 

8 the State protection and advocacy system 

9 and authorized under section 1150 of the 

10 Social Security Act (42 U.S.C. 1320b–21); 

11 and 

12 ‘‘(III) in the case of individuals who 

13 are also eligible for a ticket under the Ticket 

14 to Work and Self-Sufficiency Program es15 tablished under section 1148 of the Social 

16 Security Act (42 U.S.C. 1320b–19), general 

17 information regarding the options for using 

18 the ticket and information on how to con19 tact a program manager of the Ticket to 

20 Work and Self-Sufficiency Program to ob21 tain information on approved employment 

22 networks, on providers for the benefits plan23 ning and assistance programs described in 

24 subparagraph (B) in the State, and on the 

25 services provided by the State protection 
728 

•S 1021 RS 

1 and advocacy system and described in sub2 paragraph (B).’’; 

3 (B) in paragraph (2)(E)— 

4 (i) in clause (i)(II), by striking ‘‘and’’ 

5 after the semicolon; 

6 (ii) in clause (ii), by striking the pe7 riod at the end and inserting ‘‘; and’’; and 

8 (iii) by adding at the end the fol9 lowing: 

10 ‘‘(iii) amended, as necessary, to in11 clude the post-employment services and 

12 service providers that are necessary for the 

13 individual to maintain, regain, or advance 

14 in employment, consistent with the individ15 ual’s strengths, resources, priorities, con16 cerns, abilities, capabilities, interests, and 

17 informed choice.’’; and 

18 (C) in paragraph (3)— 

19 (i) in subparagraph (B)(i)(I), by strik20 ing ‘‘and personal assistance services’’ and 

21 all that follows and inserting ‘‘mentoring 

22 services, and personal assistance services, 

23 including training in the management of 

24 such services, and referrals described in sec25 tion 103(a)(3) to the device reutilization 
729 

•S 1021 RS 

1 programs and device demonstrations de2 scribed in subparagraphs (B) and (D) of 

3 section 4(e)(2) of the Assistive Technology 

4 Act of 1998 (42 U.S.C. 3003(e)(2)) through 

5 agreements developed under section 

6 101(a)(11)(G); and’’; 

7 (ii) in subparagraph (F)(ii), by strik8 ing ‘‘and’’ after the semicolon; 

9 (iii) in subparagraph (G), by striking 

10 the period at the end and inserting ‘‘; and’’; 

11 and 

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

13 ‘‘(H) for an individual who is receiving as14 sistance from an employment network under the 

15 Ticket to Work and Self-Sufficiency Program es16 tablished under section 1148 of the Social Secu17 rity Act (42 U.S.C. 1320b–19), a list of the serv18 ices that are listed in the individual work plan 

19 that the individual developed with the employ20 ment network under subsection (g) of that sec21 tion.’’; and 

22 (2) in subsection (c)(7), by inserting ‘‘that take 

23 into consideration the informed choice of the indi24 vidual’’ after ‘‘plan development’’. 
730 

•S 1021 RS 

1 SEC. 414. VOCATIONAL REHABILITATION SERVICES. 

2 Section 103 of the Rehabilitation Act of 1973 (29 

3 U.S.C. 723) is amended— 

4 (1) in subsection (a)— 

5 (A) in paragraph (5), by inserting ‘‘literacy 

6 services,’’ after ‘‘vocational adjustment services,’’; 

7 (B) by striking paragraph (15) and insert8 ing the following: 

9 ‘‘(15) transition services for students with dis10 abilities, that facilitate the transition from school to 

11 postsecondary life (including employment through the 

12 achievement of the employment outcome identified in 

13 the individualized plan for employment), including, 

14 in a transition services expansion year, services de15 scribed in subclauses (I) through (III) of section 

16 101(a)(25)(B)(ii);’’; 

17 (C) in paragraph (17), by striking ‘‘and’’ 

18 after the semicolon; 

19 (D) in paragraph (18), by striking the pe20 riod at the end and inserting ‘‘; and’’; and 

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

22 ‘‘(19) mentoring services.’’; and 

23 (2) in subsection (b), by striking paragraph (6) 

24 and inserting the following: 

25 ‘‘(6)(A)(i) Consultation and technical assistance 

26 services to assist State and local educational agencies 
731 

•S 1021 RS 

1 in planning for the transition of students with dis2 abilities from school to postsecondary life, including 

3 employment. 

4 ‘‘(ii) In a transition services expansion year, 

5 training and technical assistance described in section 

6 101(a)(25)(B)(ii)(IV). 

7 ‘‘(B) In a transition services expansion year, 

8 services for groups of individuals with disabilities 

9 who meet the requirements of clauses (i), (ii), and (iv) 

10 of section 7(37)(A), including services described in 

11 subclauses (I), (II), (III), and (V) of section 

12 101(a)(25)(B)(ii), to assist in the transition from 

13 school to postsecondary life, including employment.’’. 

14 SEC. 415. STATE REHABILITATION COUNCIL. 

15 Section 105 of the Rehabilitation Act of 1973 (29 

16 U.S.C. 725) is amended— 

17 (1) in subsection (b)— 

18 (A) in paragraph (1)(A)— 

19 (i) by striking clause (ix) and insert20 ing the following: 

21 ‘‘(ix) in a State in which one or more 

22 projects provide services under section 121, 

23 at least one representative of the directors of 

24 the projects;’’; 
732 

•S 1021 RS 

1 (ii) in clause (x), by striking the 

2 ‘‘and’’ after the semicolon; 

3 (iii) in clause (xi), by striking the pe4 riod at the end and inserting ‘‘; and’’; and 

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

6 ‘‘(xii) the director of the State’s com7 prehensive statewide program of technology8 related assistance funded under section 4 of 

9 the Assistive Technology Act of 1998 (29 

10 U.S.C. 3003).’’; and 

11 (B) by striking paragraph (5) and inserting 

12 the following: 

13 ‘‘(5) CHAIRPERSON.—The Council shall select a 

14 chairperson from among the voting membership of the 

15 Council.’’; and 

16 (2) in subsection (c)(6), by inserting before the 

17 semicolon the following: ‘‘and with the activities of 

18 entities carrying out programs under the Assistive 

19 Technology Act of 1998 (29 U.S.C. 3001 et seq.)’’. 

20 SEC. 416. EVALUATION STANDARDS AND PERFORMANCE IN21 DICATORS. 

22 Section 106 of the Rehabilitation Act of 1973 (29 

23 U.S.C. 726) is amended— 
733 

•S 1021 RS 

1 (1) in subsection (a), by striking paragraph 

2 (1)(C) and all that follows through paragraph (2) and 

3 inserting the following: 

4 ‘‘(2) MEASURES.—The standards and indicators 

5 shall include outcome and related measures of pro6 gram performance that include measures of the pro7 gram’s performance with respect to the transition 

8 from school to postsecondary life, including employ9 ment, and achievement of the postsecondary voca10 tional goals, of students with disabilities served under 

11 the program.’’; and 

12 (2) in subsection (b)(2)(B)(i), by striking ‘‘, if 

13 necessary’’ and all that follows through the semicolon 

14 and inserting ‘‘, if the State has not improved its per15 formance to acceptable levels, as determined by the 

16 Commissioner, direct the State to make further revi17 sions to the plan to improve performance, which may 

18 include revising the plan to allocate a higher propor19 tion of the State’s resources for services to individuals 

20 with disabilities if the State agency’s spending on 

21 such services is low in comparison to spending on 

22 such services by comparable agencies in other 

23 States;’’. 
734 

•S 1021 RS 

1 SEC. 417. MONITORING AND REVIEW. 

2 Section 107(b)(1) of the Rehabilitation Act of 1973 (29 

3 U.S.C. 727(b)(1)) is amended by inserting before the semi4 colon the following: ‘‘, including— 

5 ‘‘(A) consulting with the Department of 

6 Labor, the Small Business Administration, other 

7 appropriate Federal agencies, and businesses or 

8 business-led intermediaries; and 

9 ‘‘(B) based on information obtained through 

10 the consultations, providing technical assistance 

11 that improves that quality by enabling des12 ignated State units to develop successful partner13 ships with local and multi-State businesses in an 

14 effort to employ individuals with disabilities, 

15 and technical assistance on developing self-em16 ployment opportunities and improving employ17 ment outcomes for individuals with disabilities’’. 

18 SEC. 418. STATE ALLOTMENTS. 

19 Section 110 of the Rehabilitation Act of 1973 (29 

20 U.S.C. 730) is amended— 

21 (1) by striking subsection (b) and inserting the 

22 following: 

23 ‘‘(b)(1) Not later than 45 days prior to the end of the 

24 fiscal year, the Commissioner shall determine, after reason25 able opportunity for the submission to the Commissioner 

26 of comments by the State agency administering or super-
735 

•S 1021 RS 

1 vising the program established under this title, that any 

2 amount from the payment of an allotment to a State under 

3 section 111(a) for any fiscal year will not be utilized by 

4 such State in carrying out the purposes of this title. 

5 ‘‘(2)(A) As soon as practicable but not later than the 

6 end of the fiscal year, the Commissioner shall reallot the 

7 amount available under paragraph (1) to other States, con8 sistent with subparagraphs (B) and (C), for carrying out 

9 the purposes of this title to the extent the Commissioner de10 termines such other State will be able to use such additional 

11 amount during that fiscal year or the subsequent fiscal year 

12 for carrying out such purposes. 

13 ‘‘(B)(i) The Commissioner shall reallot a portion of the 

14 amount available under paragraph (1) for a fiscal year to 

15 each State whose allotment under subsection (a) for such 

16 fiscal year is less than such State’s allotment under sub17 section (a) for the immediately preceding fiscal year ad18 justed by the percentage change in the funds available for 

19 subsection (a) from the immediately preceding fiscal year. 

20 ‘‘(ii)(I) A State that is eligible to receive a reallotment 

21 under clause (i) shall receive a portion for a fiscal year 

22 from the amount available for reallotment under paragraph 

23 (1) that is equal to the difference between— 

24 ‘‘(aa) the amount such State was allotted under 

25 subsection (a) for such fiscal year; and 
736 

•S 1021 RS 

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 pre5 ceding 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 shall 

10 be determined by the Commissioner. 

11 ‘‘(C) If there are funds remaining after each State eli12 gible to receive a reallotment under subparagraph (B)(i) re13 ceives 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 reha20 bilitation services under the State plan for the fiscal year 

21 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 
737 

•S 1021 RS 

1 allotment (as determined under the preceding provisions of 

2 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, 2005; 

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 appropriated 

18 amount for the preceding fiscal year. 

19 ‘‘(B) For each covered year, the sum referred to in 

20 paragraph (1) shall be, as determined by the Secretary— 

21 ‘‘(i) not more than 1.5 percent of the appro22 priated amount for the covered year; and 

23 ‘‘(ii) not less than the total of the sum reserved 

24 under this subsection for the preceding fiscal year and 
738 

•S 1021 RS 

1 0.1 percent of the appropriated amount for the cov2 ered year, subject to clause (i). 

3 ‘‘(C) For each fiscal year that is not a covered year, 

4 the sum referred to in paragraph (1) shall be, as determined 

5 by the Secretary— 

6 ‘‘(i) not more than 1.5 percent of the appro7 priated amount for the fiscal year; and 

8 ‘‘(ii) not less than the sum reserved under this 

9 subsection for the preceding fiscal year, subject to 

10 clause (i).’’. 

11 SEC. 419. RESERVATION FOR EXPANDED TRANSITION SERV12 ICES. 

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 under 

18 section 110 in a transition services expansion year, each 

19 State shall reserve an amount calculated by the Commis20 sioner under subsection (b) to carry out programs and ac21 tivities under sections 101(a)(25)(B) and 103(b)(6). 

22 ‘‘(b) CALCULATION.—The Commissioner shall calculate 

23 the amount to be reserved for such programs and activities 

24 for a fiscal year by each State by multiplying $50,000,000 

25 by the percentage determined by dividing— 
739 

•S 1021 RS 

1 ‘‘(1) the amount allotted to that State under sec2 tion 110 for the prior fiscal year; by 

3 ‘‘(2) the total amount allotted to all States under 

4 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 has 

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 shall 
740 

•S 1021 RS 

1 allot the remainder of the sums appro2 priated for each fiscal year under this sec3 tion among the agencies designated under 

4 subsection (c) within the States (referred to 

5 individually in this subsection as a ‘des6 ignated agency’) on the basis of relative 

7 population of each State, except that no 

8 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 following: 

21 ‘‘(E)(i) For any fiscal year for which the amount ap22 propriated to carry out this section equals or exceeds 

23 $13,000,000, the Secretary shall reserve funds appropriated 

24 under this section to make a grant to the protection and 

25 advocacy system serving the American Indian Consortium 
741 

•S 1021 RS 

1 to provide client assistance services in accordance with this 

2 section. The amount of such a grant shall be the same 

3 amount as is provided to a territory under subparagraph 

4 (B), as increased under clauses (i) and (ii) of subparagraph 

5 (D). 

6 ‘‘(ii) In this subparagraph: 

7 ‘‘(I) The term ‘American Indian Consortium’ 

8 has the meaning given the term in section 102 of the 

9 Developmental Disabilities Assistance and Bill of 

10 Rights Act of 2000 (42 U.S.C. 15002). 

11 ‘‘(II) The term ‘protection and advocacy system’ 

12 means a protection and advocacy system established 

13 under subtitle C of title I of the Developmental Dis14 abilities Assistance and Bill of Rights Act of 2000 (42 

15 U.S.C. 15041 et seq.). 

16 ‘‘(F) For any fiscal year for which the amount appro17 priated to carry out this section equals or exceeds 

18 $14,000,000, the Secretary shall reserve not less than 1.8 

19 percent and not more than 2.2 percent of such amount to 

20 provide a grant for training and technical assistance for 

21 the programs established under this section. Such training 

22 and technical assistance shall be coordinated with activities 

23 provided under section 509(c)(1)(A).’’; and 

24 (B) in paragraph (2)— 
742 

•S 1021 RS 

1 (i) by striking ‘‘State’’ each place such 

2 term appears and inserting ‘‘designated 

3 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 in8 serting ‘‘agency designated under subsection (c)’’; 

9 (5) in subsection (g)(1), by striking ‘‘State’’ and 

10 inserting ‘‘State in which the program is located’’; 

11 and 

12 (6) in subsection (h), by striking ‘‘fiscal years 

13 1999 through 2003’’ and inserting ‘‘fiscal years 2006 

14 through 2011’’. 

15 SEC. 421. INCENTIVE GRANTS. 

16 Part B of title I of the Rehabilitation Act of 1973 (29 

17 U.S.C. 730 et seq.) is amended by adding at the end the 

18 following: 

19 ‘‘SEC. 113. INCENTIVE GRANTS. 

20 ‘‘(a) AUTHORITY.—The Commissioner is authorized to 

21 make incentive grants to States that, based on the criteria 

22 established under subsection (b)(1), demonstrate— 

23 ‘‘(1) a high level of performance; or 
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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 days 

6 after the date of enactment of this section, the Com7 missioner shall establish, and publish in the Federal 

8 Register, criteria for making grant awards under sub9 section (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 reha15 bilitation stakeholders, including vocational re16 habilitation consumers and consumer organiza17 tions (including advocacy organizations); and 

18 ‘‘(B) be based upon the evaluation stand19 ards and performance indicators established 

20 under section 106 and other performance-related 

21 measures that the Commissioner determines to be 

22 appropriate. 

23 ‘‘(c) USE OF FUNDS.—A State that receives a grant 

24 under subsection (a) shall use the grant funds for any ap-
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1 proved activities in the State’s State plan submitted under 

2 section 101. 

3 ‘‘(d) NO NON-FEDERAL SHARE REQUIREMENT.—The 

4 provisions of sections 101(a)(3) and 111(a)(2) shall not 

5 apply to this section. 

6 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are 

7 authorized to be appropriated to carry out this section such 

8 sums as may be necessary for each of fiscal years 2006 

9 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 in15 serting ‘‘, consistent with such individuals’ strengths, 

16 resources, priorities, concerns, abilities, capabilities, 

17 interests, and informed choice, so that such individ18 uals may prepare for, and engage in, gainful employ19 ment’’ before the period at the end; and 

20 (2) in subsection (b)— 

21 (A) in paragraph (1)— 

22 (i) in subparagraph (B), by striking 

23 ‘‘and’’ after the semicolon; 
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1 (ii) in subparagraph (C), by striking 

2 the period at the end and inserting ‘‘; and’’; 

3 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 of 

11 the tribal vocational rehabilitation program; and 

12 ‘‘(ii) such decisions will not be delegated to 

13 another agency or individual.’’; 

14 (B) in paragraph (3), by striking the first 

15 sentence and inserting the following: ‘‘An appli16 cation approved under this part that complies 

17 with the program requirements set forth in the 

18 regulations promulgated to carry out this part 

19 shall be effective for 5 years and shall be renewed 

20 for additional 5-year periods if the Commis21 sioner determines that the grant recipient dem22 onstrated acceptable past performance and the 

23 grant recipient submits a plan, including a pro24 posed budget, to the Commissioner that the Com-
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1 missioner approves that identifies future per2 formance criteria, goals, and objectives.’’; and 

3 (C) by striking paragraph (4) and inserting 

4 the following: 

5 ‘‘(4) In allocating funds under this part, the Secretary 

6 shall give priority to paying the continuation costs of 

7 projects in existence on the date of the allocation and may 

8 provide for increases in funding for such projects that the 

9 Secretary determines to be necessary.’’. 

10 SEC. 423. GAO STUDIES. 

11 (a) STUDY ON TITLE I AND TICKET TO WORK.— 

12 (1) IN GENERAL.—The Comptroller General of 

13 the United States shall conduct a study on the inter14 action of programs carried out under title I of the Re15 habilitation Act of 1973 (29 U.S.C. 720 et seq.) with 

16 the Ticket to Work and Self-Sufficiency Program es17 tablished under section 1148 of the Social Security 

18 Act (42 U.S.C. 1320b–19), including the impact of 

19 the interaction on beneficiaries, community rehabili20 tation programs (as defined in section 7 of the Reha21 bilitation Act of 1973 (29 U.S.C. 705)), and State vo22 cational rehabilitation agencies. 

23 (2) CONDUCT OF STUDY.—In conducting the 

24 study under paragraph (1), the Comptroller General 

25 of the United States shall consult with all types of 
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1 participants in the Ticket to Work and Self-Suffi2 ciency Program, including the Social Security Ad3 ministration, the Rehabilitation Services Administra4 tion, ticketholders, designated State agencies, entities 

5 carrying out such community rehabilitation programs 

6 (including employment networks and nonemployment 

7 networks), protection and advocacy agencies, 

8 MAXIMUS, and organizations representing the inter9 ests of ticketholders. 

10 (3) REPORT TO CONGRESS.—Not later than 18 

11 months after the date of enactment of this Act, the 

12 Comptroller General of the United States shall submit 

13 the study conducted pursuant to this subsection to the 

14 appropriate committees of Congress. 

15 (b) STUDY ON THE ALLOTMENT FORMULA.— 

16 (1) IN GENERAL.—The Comptroller General of 

17 the United States shall conduct a study on the rela18 tionship between the State allotment formula under 

19 section 110 of the Rehabilitation Act of 1973 (29 

20 U.S.C. 730) and the ability of States to provide voca21 tional rehabilitation services in accordance with the 

22 States’ State plans under section 101 of such Act (29 

23 U.S.C. 721). 

24 (2) CONDUCT OF STUDY.—In conducting the 

25 study under paragraph (1), the Comptroller General 
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1 of the United States shall consult with appropriate 

2 entities. 

3 (3) REPORT TO CONGRESS.—Not later than 12 

4 months after the date of enactment of this Act, the 

5 Comptroller General of the United States shall submit 

6 the study conducted pursuant to this subsection to the 

7 appropriate committees of Congress. 

8 Subtitle B—Research and Training 

9 SEC. 431. DECLARATION OF PURPOSE. 

10 Section 200(3) of the Rehabilitation Act of 1973 (29 

11 U.S.C. 760(3)) is amended by inserting ‘‘, in a timely and 

12 efficient manner,’’ before ‘‘through’’. 

13 SEC. 432. AUTHORIZATION OF APPROPRIATIONS. 

14 Section 201 of the Rehabilitation Act of 1973 (29 

15 U.S.C. 761) is amended— 

16 (1) in subsection (a)— 

17 (A) in paragraph (1), by striking ‘‘fiscal 

18 years 1999 through 2003’’ and inserting ‘‘fiscal 

19 years 2006 through 2011’’; and 

20 (B) in paragraph (2), by striking ‘‘fiscal 

21 years 1999 through 2003’’ and inserting ‘‘fiscal 

22 years 2006 through 2011’’; and 

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

24 ‘‘(c) Of the sums appropriated under subsection (a)(1) 

25 for a fiscal year, the Secretary may reserve not more than 
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1 $200,000 for activities related to convening a national as2 sistive technology summit under section 202(b)(6).’’. 

3 SEC. 433. NATIONAL INSTITUTE ON DISABILITY AND REHA4 BILITATION RESEARCH. 

5 Section 202 of the Rehabilitation Act of 1973 (29 

6 U.S.C. 762) is amended— 

7 (1) in subsection (b)— 

8 (A) in paragraph (6), by inserting before 

9 the semicolon the following: ‘‘, including con10 vening a national assistive technology summit, 

11 to be held at or in conjunction with a national 

12 conference relating to assistive technology with 

13 respect to all categories of disabilities’’; and 

14 (B) in paragraph (10), by striking ‘‘and 

15 telecommuting’’ and inserting ‘‘, supported em16 ployment, and telecommuting’’; 

17 (2) in subsection (f)(1)— 

18 (A) by striking ‘‘Federal employees’’ and in19 serting ‘‘Department of Education employees’’; 

20 and 

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

22 ‘‘The peer review panel shall include a director 

23 of a designated State unit. Such panel shall in24 clude a member of the covered school community 

25 (for an activity resulting in educational mate-
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•S 1021 RS 

1 rials or a product to be used in a covered school), 

2 a member of the business community (for an ac3 tivity resulting in a product to be used in an 

4 employment activity), an assistive technology de5 veloper or manufacturer (for an activity relating 

6 to assistive technology), or an accessible elec7 tronic and information technology vendor or 

8 manufacturer (for an activity relating to acces9 sible electronic and information technology).’’; 

10 (3) by redesignating subsections (i), (j), and (k) 

11 as subsections (j), (k), and (l), respectively; 

12 (4) by inserting after subsection (h) the fol13 lowing: 

14 ‘‘(i)(1) The Director, with the assistance of the Reha15 bilitation Research Advisory Council established under sec16 tion 205, shall determine if entities that receive financial 

17 assistance under this title are complying with the applica18 ble requirements of this Act and achieving measurable goals, 

19 described in section 204(d)(2), that are consistent with the 

20 requirements of the programs under which the entities re21 ceived the financial assistance. 

22 ‘‘(2) To assist the Director in carrying out the respon23 sibilities described in paragraph (1), the Director shall re24 quire recipients of financial assistance under this title to 

25 submit relevant information to evaluate program outcomes 
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1 with respect to the measurable goals described in section 

2 204(d)(2).’’; and 

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

4 ‘‘(m)(1) Not later than December 31 of each year, the 

5 Director shall prepare, and submit to the Secretary, the 

6 Committee on Education and the Workforce of the House 

7 of Representatives, and the Committee on Health, Edu8 cation, Labor, and Pensions of the Senate, a report on the 

9 activities funded under this title. 

10 ‘‘(2) Such report shall include— 

11 ‘‘(A) a compilation and summary of the infor12 mation provided by recipients of financial assistance 

13 for such activities under this title; and 

14 ‘‘(B) a summary of the applications for finan15 cial assistance received under this title and the 

16 progress of the recipients of financial assistance in 

17 achieving the measurable goals described in section 

18 204(d)(2). 

19 ‘‘(n)(1) If the Director determines that an entity that 

20 receives financial assistance under this title fails to comply 

21 with the applicable requirements of this Act, or to make 

22 progress toward achieving the measurable goals described 

23 in section 204(d)(2), with respect to the covered activities 

24 involved, the Director shall assist the entity through tech-
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•S 1021 RS 

1 nical assistance or other means, within 90 days after such 

2 determination, to develop a corrective action plan. 

3 ‘‘(2) If the entity fails to develop and comply with a 

4 corrective action plan described in paragraph (1) during 

5 a fiscal year, the entity shall be subject to 1 of the following 

6 corrective actions selected by the Director: 

7 ‘‘(A) Partial or complete termination of finan8 cial assistance for the covered activities, until the en9 tity develops and complies with such a plan. 

10 ‘‘(B) Ineligibility to receive financial assistance 

11 for such covered activities for the following year. 

12 ‘‘(3) The Secretary shall establish appeals procedures 

13 for entities described in paragraph (1) that the Secretary 

14 determines fail to comply with the applicable requirements 

15 of this Act, or to make progress toward achieving the meas16 urable goals. 

17 ‘‘(4) As part of the annual report required under sub18 section (m), the Secretary shall describe each action taken 

19 by the Secretary under paragraph (1) or (2) and the out20 comes of such action.’’. 

21 SEC. 434. INTERAGENCY COMMITTEE. 

22 Section 203 of the Rehabilitation Act of 1973 (29 

23 U.S.C. 763) is amended— 

24 (1) in subsection (a)(1), by striking ‘‘and the Di25 rector of the National Science Foundation’’ and in-
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•S 1021 RS 

1 serting ‘‘the Director of the National Science Founda2 tion, the Secretary of Commerce, and the Adminis3 trator of the Small Business Administration’’; and 

4 (2) in subsection (b)(2)— 

5 (A) in subparagraph (D), by striking ‘‘and’’ 

6 after the semicolon; 

7 (B) in subparagraph (E), by striking the 

8 period at the end and inserting ‘‘; and’’; and 

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

10 ‘‘(F) conduct a study, on the assistive technology 

11 industry, for which the Committee shall— 

12 ‘‘(i) determine the number of individuals 

13 who use assistive technology and the scope of the 

14 technologies they use; 

15 ‘‘(ii) separately identify categories of assist16 ive technology companies by the disability group 

17 served, and the type of product or service pro18 vided, categorized by— 

19 ‘‘(I) size (small, medium, and large) of 

20 the companies; 

21 ‘‘(II) capitalization of the companies; 

22 ‘‘(III) region in which the companies 

23 are located; and 

24 ‘‘(IV) products or services produced by 

25 the companies; 
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•S 1021 RS 

1 ‘‘(iii) compile aggregate data on revenues 

2 and unit sales of such companies, including in3 formation on international sales, for a recent re4 porting period, categorized by institution or user 

5 type acquiring the products or services, dis6 ability for which the products or services are 

7 used, and industry segment for the companies; 

8 ‘‘(iv) identify platform availability and 

9 usage, for those products and services that are 

10 electronic and information technology-related; 

11 ‘‘(v) identify the types of clients of the com12 panies, such as Government, school, business, 

13 private payor, and charitable clients, and fund14 ing sources for the clients; and 

15 ‘‘(vi) specify geographic segments for the 

16 companies, to determine whether there are sig17 nificant distinctions in industry opportunities 

18 on the basis of geography, other than distinctions 

19 related to population.’’. 

20 SEC. 435. RESEARCH AND OTHER COVERED ACTIVITIES. 

21 Section 204 of the Rehabilitation Act of 1973 (29 

22 U.S.C. 764) is amended— 

23 (1) in subsection (a)— 

24 (A) in paragraph (2)(B)— 
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•S 1021 RS 

1 (i) in clause (vi), by striking ‘‘and’’ 

2 after the semicolon; 

3 (ii) in clause (vii), by striking the pe4 riod at the end and inserting ‘‘; and’’; and 

5 (iii) by adding at the end the fol6 lowing: 

7 ‘‘(viii) studies, analyses, and other activities af8 fecting employment outcomes, including self-employ9 ment and telecommuting, of individuals with disabil10 ities.’’; and 

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

12 ‘‘(3) In carrying out this section, the Director shall 

13 emphasize covered activities that are collaborations be14 tween— 

15 ‘‘(A) for-profit companies working in the assist16 ive technology, rehabilitative engineering, or informa17 tion technology fields; and 

18 ‘‘(B) States or public or private agencies and or19 ganizations. 

20 ‘‘(4) In carrying out this section, the Director shall 

21 emphasize covered activities that include plans for— 

22 ‘‘(A) dissemination of educational materials, re23 search results, or findings, conclusions, and rec24 ommendations resulting from covered activities; or 
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•S 1021 RS 

1 ‘‘(B) the commercialization of marketable prod2 ucts resulting from the covered activities.’’; 

3 (2) in subsection (b)— 

4 (A) in paragraph (1), by striking ‘‘(18)’’ 

5 each place it appears and inserting ‘‘(19)’’; 

6 (B) in paragraph (2)— 

7 (i) in subparagraph (A)(i), by striking 

8 ‘‘rehabilitation services or’’ and inserting 

9 ‘‘rehabilitation services, developers or pro10 viders of assistive technology devices, assist11 ive technology services, or information tech12 nology devices or services, or providers of’’; 

13 (ii) in subparagraph (B)— 

14 (I) in clause (i), by inserting ‘‘im15 prove the evaluation process for deter16 mining the assistive technology needs 

17 of individuals with disabilities,’’after 

18 ‘‘conditions,’’; 

19 (II) in clause (ii), by inserting 

20 ‘‘and assistive technology services’’ be21 fore the semicolon; and 

22 (III) in clause (iii), by inserting 

23 ‘‘, assistive technology services per24 sonnel,’’ before ‘‘and other’’; 

25 (iii) in subparagraph (C)— 
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•S 1021 RS 

1 (I) in clause (i), by inserting ‘‘, 

2 including research on assistive tech3 nology devices, assistive technology 

4 services, and accessible electronic and 

5 information technology devices’’ before 

6 the semicolon; and 

7 (II) in clause (iii), by inserting ‘‘, 

8 including the use of assistive tech9 nology devices and accessible electronic 

10 and information technology devices in 

11 employment’’ before the semicolon; 

12 (iv) in subparagraph (D), by inserting 

13 ‘‘, including training to provide knowledge 

14 about assistive technology devices, assistive 

15 technology services, and accessible electronic 

16 and information technology devices and 

17 services,’’ after ‘‘personnel’’; and 

18 (v) in subparagraph (G)(i), by insert19 ing ‘‘, assistive technology-related, and ac20 cessible electronic and information tech21 nology-related’’ before ‘‘courses’’; 

22 (C) in paragraph (3)— 

23 (i) in subparagraph (D)(ii), by adding 

24 at the end the following: ‘‘Each such Center 

25 conducting an activity relating to assistive 
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1 technology or relating to accessible elec2 tronic and information technology shall in3 clude in the committee an assistive tech4 nology developer or manufacturer, or an ac5 cessible electronic and information tech6 nology vendor or manufacturer, respectively. 

7 Each such Center conducting an activity re8 sulting in educational materials or a prod9 uct to be used in a covered school, or result10 ing in a product to be used in an employ11 ment activity, shall include in the com12 mittee a member of the covered school com13 munity, or a member of the business com14 munity, respectively.’’; and 

15 (ii) in subparagraph (G)(ii) by insert16 ing ‘‘the success of any commercialized 

17 product researched or developed through the 

18 Center,’’ after ‘‘disabilities,’’; 

19 (D) in paragraph (8), by inserting ‘‘the De20 partment of Commerce, the Small Business Ad21 ministration, the Department of Labor,’’ before 

22 ‘‘other Federal agencies,’’; 

23 (E) in paragraph (13), in the matter pre24 ceding subparagraph (A), by striking ‘‘employ25 ment needs of individuals with disabilities’’ and 
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•S 1021 RS 

1 inserting ‘‘employment needs, opportunities, and 

2 outcomes, including needs, opportunities, and 

3 outcomes relating to self-employment, supported 

4 employment, and telecommuting, of individuals 

5 with disabilities, including older individuals 

6 with disabilities, and students with disabilities 

7 who are transitioning from school to postsec8 ondary life, including employment’’; and 

9 (F) by adding at the end the following: 

10 ‘‘(19) Research grants may be used to provide for re11 search and demonstration projects that— 

12 ‘‘(A) explore methods and practices for pro13 moting access to electronic commerce activities for in14 dividuals with disabilities; and 

15 ‘‘(B) will— 

16 ‘‘(i) ensure dissemination of research find17 ings; 

18 ‘‘(ii) provide encouragement and support 

19 for initiatives and new approaches by companies 

20 engaged in electronic commerce activities; and 

21 ‘‘(iii) result in the establishment and main22 tenance of close working relationships between 

23 the disability, research, and business commu24 nities.’’; 
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1 (3) in subsection (c)(2), by striking ‘‘$500,000’’ 

2 and inserting ‘‘$750,000’’; and 

3 (4) by adding at the end the following: 

4 ‘‘(d)(1) In awarding grants, contracts, or other finan5 cial assistance under this title, the Director shall award the 

6 financial assistance on a competitive basis. 

7 ‘‘(2)(A) To be eligible to receive financial assistance 

8 described in paragraph (1) for a covered activity, an entity 

9 shall submit an application to the Director at such time, 

10 in such manner, and containing such information as the 

11 Director may require. 

12 ‘‘(B) The application shall include information de13 scribing— 

14 ‘‘(i) measurable goals, and a timeline and spe15 cific plan for meeting the goals, that the applicant 

16 has set for addressing priorities related to— 

17 ‘‘(I) commercialization of a marketable 

18 product (including a marketable curriculum or 

19 research) resulting from the covered activity; 

20 ‘‘(II) in the case of a covered activity relat21 ing to technology, technology transfer; 

22 ‘‘(III) in the case of research, dissemination 

23 of research results to, as applicable, Government 

24 entities, individuals with disabilities, covered 

25 schools, the business community, the assistive 
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•S 1021 RS 

1 technology community, and the accessible elec2 tronic and information technology community; 

3 and 

4 ‘‘(IV) other matters as required by the Di5 rector; and 

6 ‘‘(ii) information describing how the applicant 

7 will quantifiably measure the goals to determine 

8 whether the goals have been accomplished. 

9 ‘‘(3)(A) In the case of an application for financial as10 sistance under this title to carry out a covered activity that 

11 results in the development of a marketable product, the ap12 plication shall also include a commercialization and dis13 semination plan, containing commercialization and mar14 keting strategies for the product involved, and strategies for 

15 disseminating information about the product. The financial 

16 assistance shall not be used to carry out the commercializa17 tion and marketing strategies. 

18 ‘‘(B) In the case of any other application for financial 

19 assistance to carry out a covered activity under this title, 

20 the application shall also include a dissemination plan, 

21 containing strategies for disseminating educational mate22 rials, research results, or findings, conclusions, and rec23 ommendations, resulting from the covered activity.’’. 
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1 SEC. 436. REHABILITATION RESEARCH ADVISORY COUNCIL. 

2 Section 205 of the Rehabilitation Act of 1973 (29 

3 U.S.C. 765) is amended— 

4 (1) in subsection (a), by inserting ‘‘at least’’ be5 fore ‘‘12’’; and 

6 (2) in subsection (c), by inserting after ‘‘rehabili7 tation researchers,’’ the following: ‘‘the directors of 

8 community rehabilitation programs, the business 

9 community (and shall include a representative of the 

10 small business community) that has experience with 

11 the system of vocational rehabilitation services carried 

12 out under this Act and with hiring individuals with 

13 disabilities, the community of assistive technology de14 velopers and manufacturers, the community of infor15 mation technology vendors and manufacturers, the 

16 community of entities carrying out programs under 

17 the Assistive Technology Act of 1998 (29 U.S.C. 3001 

18 et seq.), the community of covered school profes19 sionals,’’. 

20 SEC. 437. DEFINITION. 

21 Title II of the Rehabilitation Act of 1973 (29 U.S.C. 

22 760 et seq.) is amended by adding at the end the following: 

23 ‘‘SEC. 206. DEFINITION. 

24 ‘‘In this title, the term ‘covered school’ means an ele25 mentary school or secondary school (as such terms are de26 fined in section 9101 of the Elementary and Secondary 
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•S 1021 RS 

1 Education Act of 1965 (20 U.S.C. 7801)) or an institution 

2 of higher education.’’. 

3 Subtitle C—Professional Develop4 ment and Special Projects and 

5 Demonstrations 

6 SEC. 441. TRAINING. 

7 Section 302 of the Rehabilitation Act of 1973 (29 

8 U.S.C. 772) is amended— 

9 (1) in subsection (a)— 

10 (A) in paragraph (1)— 

11 (i) in subparagraph (F), by striking 

12 the ‘‘and’’ after the semicolon; 

13 (ii) in subparagraph (G), by striking 

14 the period at the end and inserting ‘‘; and’’; 

15 and 

16 (iii) by adding at the end the fol17 lowing: 

18 ‘‘(H) personnel trained in providing assist19 ive technology services.’’; and 

20 (B) in paragraph (4)(B), by striking ‘‘sec21 tion 134(c)’’ and inserting ‘‘section 121(e)’’; 

22 (2) in subsection (b)(1)(B)(i), by striking ‘‘or 

23 prosthetics and orthotics’’ and inserting ‘‘prosthetics 

24 and orthotics, rehabilitation teaching for the blind, or 

25 orientation and mobility instruction’’; and 
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•S 1021 RS 

1 (3) in subsection (i), by striking ‘‘fiscal years 

2 1999 through 2003’’ and inserting ‘‘fiscal years 2006 

3 through 2011’’. 

4 SEC. 442. DEMONSTRATION AND TRAINING PROGRAMS. 

5 Section 303 of the Rehabilitation Act of 1973 (29 

6 U.S.C. 773) is amended— 

7 (1) in subsection (b)(5)(A)(i), by striking ‘‘spe8 cial projects’’ and inserting ‘‘not less than 2 special 

9 projects’’; 

10 (2) by redesignating subsections (c), (d), and (e) 

11 as subsections (h), (i), and (j), respectively; 

12 (3) by inserting after subsection (b) the fol13 lowing: 

14 ‘‘(c) DEMONSTRATION PROJECTS FOR EMPLOYMENT

15 OF STUDENTS WITH INTELLECTUAL DISABILITIES OR

16 MENTAL ILLNESS.— 

17 ‘‘(1) PURPOSE.—The purpose of this subsection 

18 is to support model demonstration projects to provide 

19 supported and competitive employment experiences 

20 for students with intellectual disabilities or students 

21 with mental illness, and training for personnel that 

22 work with students described in this paragraph, to 

23 enable the students to gain employment skills and ex24 perience that will promote effective transitions from 

25 school to postsecondary life, including employment. 
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1 ‘‘(2) AWARDS AUTHORIZED.— 

2 ‘‘(A) COMPETITIVE AWARDS AUTHORIZED.— 

3 The Secretary may award grants, contracts, and 

4 cooperative agreements, on a competitive basis, 

5 to eligible organizations described in paragraph 

6 (3), to enable the organizations to carry out 

7 demonstration projects described in paragraph 

8 (1). 

9 ‘‘(B) DURATION.—The Secretary shall 

10 award grants, contracts, and cooperative agree11 ments under this subsection for periods of 3 to 

12 5 years. 

13 ‘‘(3) ELIGIBLE ORGANIZATIONS.—To be eligible 

14 to receive a grant, contract, or cooperative agreement 

15 under this subsection, an organization shall— 

16 ‘‘(A) have expertise in providing employ17 ment and support services for individuals with 

18 intellectual disabilities or individuals with men19 tal illness; 

20 ‘‘(B) have a proven track record in success21 fully running supported employment programs; 

22 ‘‘(C) provide employment services that are 

23 exclusively integrated community-based sup24 ported employment services; 
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1 ‘‘(D) have expertise in creating natural sup2 ports for employment; 

3 ‘‘(E) have expertise in providing computer 

4 training for the targeted population for the 

5 project involved; and 

6 ‘‘(F) have experience operating mentoring 

7 programs for the target population in middle 

8 and high schools for at least a decade in diverse 

9 communities throughout the Nation. 

10 ‘‘(4) APPLICATIONS.—Each organization desir11 ing to receive a grant, contract, or cooperative agree12 ment under this subsection shall submit an applica13 tion to the Secretary at such time, in such manner, 

14 and including such information as the Secretary may 

15 require. Each application shall include— 

16 ‘‘(A) a description of how the organization 

17 plans to carry out the activities authorized in 

18 this subsection through a demonstration project; 

19 ‘‘(B) a description of how the organization 

20 will evaluate the project; 

21 ‘‘(C) a description of how the organization 

22 will disseminate information about the activities 

23 and the impact of the activities on the lives of 

24 students served by the project; and 
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1 ‘‘(D) a description of how the organization 

2 will coordinate activities with any other relevant 

3 service providers in the locality where the orga4 nization is based, including federally supported 

5 independent living centers. 

6 ‘‘(5) AUTHORIZED ACTIVITIES.—An organization 

7 that receives a grant, contract, or cooperative agree8 ment under this subsection shall use the funds made 

9 available through the grant, contract, or cooperative 

10 agreement to carry out 1 or more of the following ac11 tivities for individuals, ages 14 through 21, who are 

12 students with intellectual disabilities or students with 

13 mental illness: 

14 ‘‘(A) PROVIDING SUPPORTED AND COMPETI15 TIVE EMPLOYMENT EXPERIENCES.—The develop16 ment of innovative and effective supported and 

17 competitive employment experiences after school, 

18 on weekends, and in the summer, utilizing nat19 ural supports that lead to competitive high-pay20 ing jobs. 

21 ‘‘(B) PROVIDING TRAINING TO SCHOOL AND

22 TRANSITION PERSONNEL.—The development and 

23 deployment of experts to work with transition 

24 programs (including personnel working with stu25 dents on transition) so that personnel from the 
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1 programs develop skills needed to train students 

2 with intellectual disabilities or students with 

3 mental illness to be successful in competitive em4 ployment in a range of settings, including office 

5 settings. The training shall include training for 

6 the personnel in providing instruction to stu7 dents in computer skills, office skills, interview 

8 etiquette, and appropriate social behavior re9 quired for successful long-term employment in 

10 professional environments. 

11 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 

12 There are authorized to be appropriated to carry out 

13 this subsection $5,000,000 for fiscal year 2006 and 

14 such sums as may be necessary for fiscal years 2007 

15 through 2011. 

16 ‘‘(d) DEMONSTRATION PROJECT FOR EMPLOYMENT OF

17 INDIVIDUALS WHO ARE DEAF AND LOW FUNCTIONING.— 

18 ‘‘(1) PURPOSE.—The purpose of this subsection 

19 is to support a model demonstration project to pro20 vide training and employment and support services 

21 for individuals who are deaf and low functioning to 

22 enable them to gain employment skills that will allow 

23 them to become employed and economically self-suffi24 cient. 

25 ‘‘(2) DEFINITION.— 
769 

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1 ‘‘(A) IN GENERAL.—In this subsection, the 

2 term ‘individual who is deaf and low func3 tioning’ means an individual who has been deaf 

4 from birth or very early childhood, reads at or 

5 below the second grade level, has little or no in6 telligible speech, and lacks a secondary school di7 ploma or its recognized equivalent. 

8 ‘‘(B) SECONDARY DISABILITIES.—Such 

9 term may include an individual with a sec10 ondary disability. 

11 ‘‘(3) GRANTS AUTHORIZED.— 

12 ‘‘(A) COMPETITIVE GRANTS AUTHORIZED.— 

13 The Secretary may award grants to State agen14 cies, other public agencies or organizations, or 

15 not-for-profit organizations with expertise in 

16 providing training and employment and support 

17 services for individuals who are deaf and low 

18 functioning to support model demonstration 

19 projects. 

20 ‘‘(B) DURATION.—Grants under this sub21 section shall be awarded for a period not to ex22 ceed 5 years. 

23 ‘‘(4) AUTHORIZED ACTIVITIES.— 

24 ‘‘(A) DEVELOPING A COMPREHENSIVE

25 TRAINING PROGRAM.—Each grant recipient 
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1 under this subsection shall develop an innova2 tive, comprehensive training program for indi3 viduals who are deaf and low functioning that 

4 can be implemented at multiple training loca5 tions through such means as distance learning 

6 and use of advanced technology, as appropriate. 

7 Such training program shall be developed to 

8 maximize the potential for replication of the pro9 gram by other training providers. 

10 ‘‘(B) IMPLEMENTATION.—Each grant re11 cipient under this subsection shall implement the 

12 comprehensive training program developed under 

13 subparagraph (A) as soon as feasible. Such 

14 training shall provide instruction on the job and 

15 the social skills necessary for successful long-term 

16 employment of individuals who are deaf and low 

17 functioning. 

18 ‘‘(C) ESTABLISHING A POST-TRAINING PRO19 GRAM OF EMPLOYMENT AND SUPPORT SERV20 ICES.—Each grant recipient under this sub21 section shall implement employment and support 

22 services to assist individuals who complete the 

23 training program under subparagraph (A) in se24 curing employment and transitioning to the 
771 

•S 1021 RS 

1 workplace, for a period of not less than 90 days 

2 subsequent to placement in the employment. 

3 ‘‘(5) APPLICATIONS.—Each entity desiring to re4 ceive a grant under this subsection for a model dem5 onstration project shall submit an application to the 

6 Secretary at such time, in such manner, and accom7 panied by such information as the Secretary may re8 quire including— 

9 ‘‘(A) a description of how the applicant 

10 plans to address the activities authorized under 

11 this subsection; 

12 ‘‘(B) a description of the evaluation plan to 

13 be used in the model demonstration project; 

14 ‘‘(C) a description of how the applicant will 

15 disseminate information about the training pro16 gram developed and the results of the project; 

17 and 

18 ‘‘(D) a description of how the entity will co19 ordinate activities with any other relevant serv20 ice providers or entities providing training and 

21 employment and support services for individuals 

22 who are deaf and low functioning. 

23 ‘‘(6) MANDATED EVALUATION AND DISSEMINA24 TION ACTIVITIES.— 
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•S 1021 RS 

1 ‘‘(A) ANNUAL REPORT.—Not later than 2 

2 years after the date on which a grant under this 

3 subsection is awarded and annually thereafter, 

4 the grant recipient shall submit to the Commis5 sioner a report containing information on— 

6 ‘‘(i) the number of individuals who are 

7 participating in the demonstration project 

8 funded under this subsection; 

9 ‘‘(ii) the employment and other skills 

10 being taught in the project; 

11 ‘‘(iii) the number of individuals par12 ticipating in the project that are placed in 

13 employment; 

14 ‘‘(iv) the job sites in which those indi15 viduals are placed and the type of jobs the 

16 individuals are placed in; and 

17 ‘‘(v) the number of individuals who 

18 have dropped out of the project and the rea19 sons for their terminating participation in 

20 the project. 

21 ‘‘(B) EVALUATION OF THE PROJECT.—Each 

22 grant recipient under this subsection shall imple23 ment the evaluation plan approved in its appli24 cation for determining the results of the project 
773 

•S 1021 RS 

1 within the timeframe specified in, and following 

2 the provisions of, the approved application. 

3 ‘‘(C) PARTICIPANT EVALUATION PROCESS; 

4 FINAL EVALUATION.—In the final year of the 

5 project, the grant recipient will prepare and sub6 mit to the Commissioner a final evaluation re7 port of the results of the model demonstration 

8 project containing— 

9 ‘‘(i) information on— 

10 ‘‘(I) the number of individuals 

11 who participated in the demonstration 

12 project; 

13 ‘‘(II) the number of those individ14 uals that are placed in employment; 

15 ‘‘(III) the job sites in which those 

16 individuals were placed and the type 

17 of jobs the individuals were placed in; 

18 ‘‘(IV) the number of those individ19 uals who have dropped out of the 

20 project and the reasons for their termi21 nating participation in the project; 

22 and 

23 ‘‘(V) the number of those individ24 uals who participated in the project 

25 and who remain employed as of 2 
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•S 1021 RS 

1 months prior to the date on which the 

2 final report is submitted to the Sec3 retary; 

4 ‘‘(ii) a written analysis of the project, 

5 including both the strengths and weaknesses 

6 of the project, to assist other entities in rep7 licating the training program developed 

8 through the project; and 

9 ‘‘(iii) such other information as the 

10 Secretary determines appropriate. 

11 ‘‘(D) DISSEMINATION.—Not later than 5 

12 years after the date on which a grant is awarded 

13 under this subsection, the evaluation report con14 taining results of activities funded by such grant 

15 shall be disseminated to designated State agen16 cies, school systems providing instruction to stu17 dents who are individuals who are deaf and low 

18 functioning, supported employment providers, 

19 postsecondary vocational training programs, em20 ployers, the Social Security Administration, and 

21 other interested parties. 

22 ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— 

23 There are authorized to be appropriated to carry out 

24 this subsection, $5,000,000 for fiscal year 2006 and 
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•S 1021 RS 

1 such sums as may be necessary for each of fiscal years 

2 2007 through 2011. 

3 ‘‘(e) TRAINING AND TECHNICAL ASSISTANCE CENTER

4 TO PROMOTE HIGH-QUALITY EMPLOYMENT OUTCOMES

5 FOR INDIVIDUALS RECEIVING SERVICES FROM DESIGNATED

6 STATE AGENCIES.— 

7 ‘‘(1) IN GENERAL.—The Commissioner shall 

8 award a grant, contract, or cooperative agreement to 

9 an entity to support a training and technical assist10 ance program that— 

11 ‘‘(A) responds to State-specific information 

12 requests concerning high-quality employment 

13 outcomes, from designated State agencies funded 

14 under title I, including— 

15 ‘‘(i) requests for information on the ex16 pansion of self-employment, business owner17 ship, and business development opportuni18 ties, and other types of entrepreneurial em19 ployment opportunities for individuals with 

20 disabilities; 

21 ‘‘(ii) requests for information on the 

22 expansion and improvement of transition 

23 services to facilitate the transition of stu24 dents with disabilities from school to post25 secondary life, including employment; 
776 

•S 1021 RS 

1 ‘‘(iii) requests for examples of policies, 

2 practices, procedures, or regulations, that 

3 have enhanced or may enhance access to 

4 funding for assistive technology devices and 

5 assistive technology services for individuals 

6 with disabilities; 

7 ‘‘(iv) requests for information on effec8 tive approaches to enhance informed choice 

9 and a consumer-directed State vocational 

10 rehabilitation system; 

11 ‘‘(v) requests for assistance developing 

12 corrective action plans; 

13 ‘‘(vi) requests for assistance in devel14 oping and implementing effective data col15 lection and reporting systems that measure 

16 the outcomes of the vocational rehabilitation 

17 services, and preparing reports for the Com18 missioner as described in section 106(b)(1); 

19 and 

20 ‘‘(vii) requests for information on effec21 tive approaches that enhance employment 

22 outcomes for individuals with disabilities, 

23 including conducting outreach and forming 

24 partnerships with business and industry; 

25 and 
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1 ‘‘(B) provides State-specific, regional, and 

2 national training and technical assistance con3 cerning vocational rehabilitation services and re4 lated information to designated State agencies, 

5 including— 

6 ‘‘(i) facilitating onsite and electronic 

7 information sharing using state-of-the-art 

8 Internet technologies such as real-time on9 line discussions, multipoint video confer10 encing, and web-based audio/video broad11 casts, on emerging topics that affect voca12 tional rehabilitation programs authorized 

13 under title I; 

14 ‘‘(ii) enabling the designated State 

15 agencies to coordinate training and data 

16 collection efforts with one-stop centers estab17 lished under section 121(e) of the Workforce 

18 Investment Act of 1998 (29 U.S.C. 2841(e)); 

19 ‘‘(iii) enabling the designated State 

20 agencies to provide information on how the 

21 vocational rehabilitation programs author22 ized under title I can provide technical as23 sistance to the one-stop centers on making 

24 programs offered through the centers phys-
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•S 1021 RS 

1 ically and programmatically accessible to 

2 individuals with disabilities; 

3 ‘‘(iv) sharing evidence-based and prom4 ising practices among the vocational reha5 bilitation programs; 

6 ‘‘(v) maintaining an accessible website 

7 that includes links to— 

8 ‘‘(I) the vocational rehabilitation 

9 programs; 

10 ‘‘(II) appropriate Federal depart11 ments and agencies, and private asso12 ciations; 

13 ‘‘(III) State assistive technology 

14 device and assistive technology service 

15 demonstration programs, device loan 

16 programs, device reutilization pro17 grams, alternative financing systems, 

18 or State financing activities, operated 

19 through, or independently of, com20 prehensive statewide programs of tech21 nology-related assistance carried out 

22 under section 4 of the Assistive Tech23 nology Act of 1998 (29 U.S.C. 3003), 

24 telework programs, and other programs 
779 

•S 1021 RS 

1 that provide sources of funding for as2 sistive technology devices; and 

3 ‘‘(IV) various programs, including 

4 programs with tax credits, available to 

5 employers for hiring or accommodating 

6 employees who are individuals with 

7 disabilities; 

8 ‘‘(vi) enhancing employment outcomes 

9 for individuals with mental illness and in10 dividuals with cognitive disabilities; 

11 ‘‘(vii) convening experts from the voca12 tional rehabilitation programs to discuss 

13 and make recommendations with regard to 

14 the employment of individuals with disabil15 ities and national emerging issues of impor16 tance to individuals with vocational reha17 bilitation needs; 

18 ‘‘(viii) enabling the designated State 

19 agencies to provide practical information 

20 on effective approaches for business and in21 dustry to use in employing individuals with 

22 disabilities, including provision of reason23 able accommodations; 

24 ‘‘(ix) providing information on other 

25 emerging issues concerning the delivery of 
780 

•S 1021 RS 

1 publicly funded employment and training 

2 services and supports to assist individuals 

3 with disabilities to enter the workforce, 

4 achieve improved employment outcomes, 

5 and become economically self-sufficient; and 

6 ‘‘(x) carrying out such other activities 

7 as the Secretary may require. 

8 ‘‘(2) ELIGIBLE ENTITIES.—To be eligible to re9 ceive a grant, contract, or cooperative agreement 

10 under this subsection, an entity shall have (or agree 

11 to award a grant or contract to an entity that has)— 

12 ‘‘(A) experience and expertise in admin13 istering vocational rehabilitation services; 

14 ‘‘(B) documented experience with and 

15 knowledge about self-employment, business own16 ership, business development, and other types of 

17 entrepreneurial employment opportunities and 

18 outcomes for individuals with disabilities, pro19 viding transition services for students with dis20 abilities, and assistive technology; and 

21 ‘‘(C) the expertise necessary to identify the 

22 additional data elements needed to provide com23 prehensive reporting of activities and outcomes 

24 of the vocational rehabilitation programs author-
781 

•S 1021 RS 

1 ized under title I, and experience in utilizing 

2 data to provide annual reports. 

3 ‘‘(3) COLLABORATION.—In developing and pro4 viding training and technical assistance under this 

5 subsection, a recipient of a grant, contract, or cooper6 ative agreement under this subsection shall collaborate 

7 with other organizations, in particular— 

8 ‘‘(A) agencies carrying out vocational reha9 bilitation programs under title I and national 

10 organizations representing such programs; 

11 ‘‘(B) organizations representing individuals 

12 with disabilities; 

13 ‘‘(C) organizations representing State offi14 cials and agencies engaged in the delivery of as15 sistive technology; 

16 ‘‘(D) relevant employees from Federal de17 partments and agencies, other than the Depart18 ment of Education; 

19 ‘‘(E) representatives of businesses; 

20 ‘‘(F) individuals with disabilities who use 

21 assistive technology and understand the barriers 

22 to the acquisition of such technology and assist23 ive technology services; and 
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•S 1021 RS 

1 ‘‘(G) family members, guardians, advocates, 

2 and authorized representatives of such individ3 uals. 

4 ‘‘(f) ACCESS TO TELEWORK.— 

5 ‘‘(1) DEFINITION OF TELEWORK.—In this sub6 section, the term ‘telework’ means work from home 

7 and other telework sites with the assistance of a com8 puter and with reasonable accommodations, including 

9 the necessary equipment to facilitate successful work 

10 from home and other telework sites. 

11 ‘‘(2) AUTHORIZATION OF PROGRAM.—The Com12 missioner is authorized to make grants to States and 

13 governing bodies of Indian tribes located on Federal 

14 and State reservations (and consortia of such gov15 erning bodies) to pay for the Federal share of the cost 

16 of establishing or expanding a telework program. 

17 ‘‘(3) APPLICATION.—A State or Indian tribe that 

18 desires to receive a grant under this subsection shall 

19 submit an application to the Commissioner at such 

20 time, in such manner, and containing such informa21 tion as the Commissioner may require. 

22 ‘‘(4) USE OF FUNDS.— 

23 ‘‘(A) IN GENERAL.—A State or Indian tribe 

24 that receives a grant under this subsection shall 

25 establish or expand a telework program that 
783 

•S 1021 RS 

1 shall provide assistance through loans or other 

2 alternative financing mechanisms to individuals 

3 with disabilities. The State or Indian tribe shall 

4 provide the assistance through the program to 

5 enable such individuals to purchase computers or 

6 other equipment, including adaptive equipment, 

7 to facilitate access to employment and enhance 

8 employment outcomes by providing the indi9 vidual 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 full14 time or part-time basis from home or other 

15 telework sites. 

16 ‘‘(B) DEVELOPMENT OF TELEWORK OPPOR17 TUNITIES AND BUSINESS PLANS.—A State or In18 dian tribe that receives a grant under this sub19 section may use not more than 10 percent of the 

20 grant award to develop telework opportunities 

21 with employers and assist in the development of 

22 business plans for individuals with disabilities 

23 interested in self-employment, before such indi24 viduals apply for assistance through the telework 

25 program. 
784 

•S 1021 RS 

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, before 

13 such individuals apply for assistance through the 

14 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, Code 

20 of Federal Regulations (or any cor21 responding similar regulation or ruling). 

22 ‘‘(ii) SMALL BUSINESS DEVELOPMENT

23 CENTER.—The term ‘small business develop24 ment center’ means a center established 
785 

•S 1021 RS 

1 under section 21 of the Small Business Act 

2 (15 U.S.C. 648). 

3 ‘‘(5) FEDERAL SHARE.—The Federal share of the 

4 cost of establishing or expanding a telework program 

5 under this section shall be 90 percent of the cost. 

6 ‘‘(6) EXISTING GRANT RECIPIENTS.—An entity 

7 that receives a grant under the Access to Telework 

8 Fund Program under subsection (b) for a fiscal year 

9 may use the funds made available through that grant 

10 for that fiscal year in accordance with this subsection 

11 rather than subsection (b). 

12 ‘‘(7) ANNUAL REPORT.— 

13 ‘‘(A) IN GENERAL.—A State or Indian tribe 

14 that receives a grant under this subsection shall 

15 prepare and submit an annual report to the 

16 Commissioner. 

17 ‘‘(B) CONTENTS.—The report under sub18 paragraph (A) shall include the following: 

19 ‘‘(i) Information on the characteristics 

20 of each individual with a disability that re21 ceives assistance through a loan or other al22 ternative financing mechanism under the 

23 program, including information about the 

24 individual such as the following: 

25 ‘‘(I) Age. 
786 

•S 1021 RS 

1 ‘‘(II) Employment status at the 

2 time of application for assistance 

3 through a loan or other alternative fi4 nancing mechanism under this sub5 section. 

6 ‘‘(III) Whether the individual at7 tempted to secure financial support 

8 from other sources to enable the indi9 vidual to telework and, if so, a descrip10 tion of such sources. 

11 ‘‘(IV) Whether the individual is 

12 working and, if so, whether the indi13 vidual teleworks, the occupation in 

14 which the individual is working, the 

15 hourly salary the individual receives, 

16 and the hourly salary of the individual 

17 prior to receiving assistance through a 

18 loan or other alternative financing 

19 mechanism under the program. 

20 ‘‘(V) Whether the individual has 

21 repaid assistance from the loan or 

22 other alternative financing mechanism 

23 received under the program, is in re24 payment status, is delinquent on re25 payments, or has defaulted on the as-
787 

•S 1021 RS 

1 sistance from the loan or other alter2 native financing mechanism. 

3 ‘‘(ii) An analysis of the individuals 

4 with disabilities that have benefited from 

5 the program. 

6 ‘‘(iii) Any other information that the 

7 Commissioner may require. 

8 ‘‘(g) GRANTS FOR DISABILITY CAREER PATHWAYS

9 PROGRAM.— 

10 ‘‘(1) DEFINITIONS.—In this subsection: 

11 ‘‘(A) CENTER FOR INDEPENDENT LIVING.— 

12 The term ‘center for independent living’ means a 

13 center for independent living funded under sub14 title C of title VII. 

15 ‘‘(B) COVERED INSTITUTION.—The term 

16 ‘covered institution’ means— 

17 ‘‘(i) a secondary school; and 

18 ‘‘(ii) in the discretion of the eligible 

19 consortium involved, an institution of high20 er education. 

21 ‘‘(C) ELIGIBLE CONSORTIUM.—The term ‘el22 igible consortium’ means a consortium described 

23 in paragraph (3)(A). 

24 ‘‘(D) SECONDARY SCHOOL.—The term ‘sec25 ondary school’ has the meaning given the term 
788 

•S 1021 RS 

1 in section 9101 of the Elementary and Sec2 ondary Education Act of 1965 (20 U.S.C. 7801). 

3 ‘‘(2) PURPOSE OF PROGRAM.—The Commissioner 

4 may establish a Disability Career Pathways program, 

5 through which the Commissioner may make grants, 

6 for periods of not more than 5 years, to institutions 

7 of higher education that establish eligible consortia, to 

8 enable the consortia to develop and carry out training 

9 and education related to disability studies and leader10 ship development. The consortia shall provide the 

11 training and education for the purpose of providing 

12 career pathways for students at a covered institution, 

13 in fields pertinent to individuals with disabilities, 

14 and particularly pertinent to the employment of indi15 viduals with disabilities. 

16 ‘‘(3) APPLICATION.—To be eligible to receive a 

17 grant under this subsection on behalf of a consortium, 

18 an institution of higher education shall submit an ap19 plication to the Commissioner at such time, in such 

20 manner, and containing such information as the 

21 Commissioner may require, including information 

22 demonstrating— 

23 ‘‘(A) that the institution of higher education 

24 has established a consortium of members that 

25 represent— 
789 

•S 1021 RS 

1 ‘‘(i) the institution of higher education; 

2 ‘‘(ii) a community college; 

3 ‘‘(iii) a secondary school; 

4 ‘‘(iv) a center for independent living; 

5 ‘‘(v) a designated State agency; 

6 ‘‘(vi) a one-stop center established 

7 under section 121(e) of the Workforce In8 vestment Act of 1998 (29 U.S.C. 2841(e)); 

9 and 

10 ‘‘(vii) the local business community; 

11 ‘‘(B) the collaborative working relationships 

12 between the institution of higher education and 

13 the other members of the consortium, and de14 scribing the activities that each member shall 

15 undertake; and 

16 ‘‘(C) the capacity and expertise of the insti17 tution of higher education— 

18 ‘‘(i) to coordinate training and edu19 cation related to disability studies and lead20 ership development with educational insti21 tutions and disability-related organizations; 

22 and 

23 ‘‘(ii) to conduct such training and edu24 cation effectively. 
790 

•S 1021 RS 

1 ‘‘(4) DISTRIBUTION OF GRANTS.—In making 

2 grants under this subsection, the Commissioner shall 

3 ensure that the grants shall be distributed for a geo4 graphically diverse set of eligible consortia throughout 

5 all regions. 

6 ‘‘(5) MANDATORY USES OF FUNDS.—An institu7 tion of higher education that receives a grant under 

8 this subsection on behalf of a consortium shall ensure 

9 that the consortium shall use the grant funds to— 

10 ‘‘(A) encourage interest in, enhance aware11 ness and understanding of, and provide edu12 cational opportunities in, disability-related 

13 fields, and encourage leadership development 

14 among students served by a covered institution, 

15 including such students who are individuals 

16 with disabilities; 

17 ‘‘(B) enable the students at a covered insti18 tution to gain practical skills and identify work 

19 experience opportunities, including opportunities 

20 developed by the consortium in conjunction with 

21 the private sector, that benefit individuals with 

22 disabilities; 

23 ‘‘(C) develop postsecondary school career 

24 pathways leading to gainful employment, the at25 tainment of an associate or baccalaureate degree, 
791 

•S 1021 RS 

1 or the completion of further coursework or a fur2 ther degree, in a disability-related field; 

3 ‘‘(D) offer credit-bearing, college-level 

4 coursework in a disability-related field to quali5 fied students served by a covered institution; and 

6 ‘‘(E) ensure faculty and staff employed by 

7 the members of the consortium are available to— 

8 ‘‘(i) students at a covered institution 

9 for educational and career advising; and 

10 ‘‘(ii) teachers and staff of a covered in11 stitution for disability-related training. 

12 ‘‘(6) PERMISSIBLE USES OF FUNDS.—An institu13 tion of higher education that receives a grant under 

14 this subsection on behalf of a consortium may permit 

15 the consortium to use the grant funds to develop or 

16 adapt disabilities studies curricula, including cur17 ricula with distance learning opportunities, for use at 

18 covered institutions, to encourage students served by 

19 such covered institutions to enter careers in dis20 ability-related fields. 

21 ‘‘(7) CONSULTATION.—The consortium shall con22 sult with appropriate agencies that serve or assist in23 dividuals with disabilities, and the parents, family 

24 members, guardians, advocates, or authorized rep25 resentatives of the individuals, located in the jurisdic-
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•S 1021 RS 

1 tion served by the consortium, concerning the pro2 gram of education and training carried out by the 

3 consortium. 

4 ‘‘(8) REVIEWS.— 

5 ‘‘(A) ADVISORY COMMITTEE.—For an insti6 tution of higher education to be eligible to receive 

7 a grant under this subsection on behalf of a con8 sortium, the consortium shall have an advisory 

9 committee that consists of members that rep10 resent the interests of individuals with disabil11 ities, including— 

12 ‘‘(i) a professional in the field of voca13 tional rehabilitation; 

14 ‘‘(ii) an individual with a disability 

15 or a family member of such an individual; 

16 and 

17 ‘‘(iii) a representative of each type of 

18 entity or community represented on the con19 sortium. 

20 ‘‘(B) QUARTERLY REVIEWS.—The advisory 

21 committee shall meet at least once during each 

22 calendar quarter to conduct a review of the pro23 gram of education and training carried out by 

24 the consortium. The committee shall directly ad25 vise the governing board of the institution of 
793 

•S 1021 RS 

1 higher education in the consortium about the 

2 views and recommendations of the advisory com3 mittee resulting from the review. 

4 ‘‘(9) ACCOUNTABILITY.—Every 2 years, the Com5 missioner shall— 

6 ‘‘(A) using information collected from the 

7 reviews required in paragraph (8), assess the ef8 fectiveness of the Disability Career Pathways 

9 program carried out under this subsection, in10 cluding assessing how many individuals were 

11 served by each eligible consortium and how 

12 many of those individuals received postsecondary 

13 education, or entered into employment, in a dis14 ability-related field; and 

15 ‘‘(B) prepare and submit to Congress a re16 port containing the results of the assessments de17 scribed in subparagraph (A).’’; and 

18 (4) in subsection (j), as redesignated by para19 graph (2)— 

20 (A) by striking ‘‘There’’ and inserting the 

21 following: 

22 ‘‘(1) IN GENERAL.—There’’; 

23 (B) in paragraph (1), as designated by sub24 paragraph (A)— 
794 

•S 1021 RS 

1 (i) by striking ‘‘this section’’ and in2 serting ‘‘this section (other than subsections 

3 (c) and (d))’’; and 

4 (ii) by striking ‘‘fiscal years 1999 

5 through 2003’’ and inserting ‘‘fiscal years 

6 2006 through 2011’’; and 

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

8 ‘‘(2) RESERVATIONS.—Of the sums appropriated 

9 under paragraph (1) for a fiscal year, the Secretary 

10 may reserve— 

11 ‘‘(A) not more than $500,000 to carry out 

12 subsection (e); 

13 ‘‘(B) not more than $5,000,000 to carry out 

14 subsection (f); and 

15 ‘‘(C) not more than $5,000,000 to carry out 

16 subsection (g).’’. 

17 SEC. 443. 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. 444. RECREATIONAL PROGRAMS. 

23 Section 305 of the Rehabilitation Act of 1973 (29 

24 U.S.C. 775) is amended— 
795 

•S 1021 RS 

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 2006 

6 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— 
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•S 1021 RS 

1 (1) in subsection (c)(1)(A), by inserting ‘‘a grant 

2 for’’ after ‘‘to provide’’; 

3 (2) in subsection (g)(2), by striking ‘‘was paid’’ 

4 and inserting ‘‘was paid, except that program income 

5 generated from the amount paid to an eligible system 

6 shall remain available to such system until ex7 pended’’; 

8 (3) in subsection (l), by striking ‘‘fiscal years 

9 1999 through 2003’’ and inserting ‘‘fiscal years 2006 

10 through 2011’’; 

11 (4) by redesignating subsections (l) and (m) as 

12 subsections (m) and (n), respectively; and 

13 (5) by inserting after subsection (k) the fol14 lowing: 

15 ‘‘(l) SYSTEM AUTHORITY.—For purposes of serving 

16 persons eligible for services under this section, an eligible 

17 system shall have the same general authorities, including 

18 access to records, as the system is afforded under subtitle 

19 C of title I of the Developmental Disabilities Assistance and 

20 Bill of Rights Act of 2000 (29 U.S.C. 796c et seq.), as deter21 mined by the Secretary.’’. 
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1 Subtitle F—Employment Opportuni2 ties for Individuals With Dis3 abilities 

4 SEC. 471. PROJECTS WITH INDUSTRY. 

5 Section 611(a) of the Rehabilitation Act of 1973 (29 

6 U.S.C. 795(a)) is amended— 

7 (1) in paragraph (1), by inserting ‘‘, locally and 

8 nationally’’ before the period at the end; and 

9 (2) in paragraph (2)— 

10 (A) in the matter preceding subparagraph 

11 (A), by inserting ‘‘local and national’’ before 

12 ‘‘Projects With Industry’’; and 

13 (B) in subparagraph (A)— 

14 (i) in clause (iii), by striking ‘‘and’’ 

15 after the semicolon; 

16 (ii) in clause (iv), by inserting ‘‘and’’ 

17 after the semicolon; and 

18 (iii) by adding at the end the fol19 lowing: 

20 ‘‘(v) coordinate activities with the Job 

21 Corps center industry councils established under 

22 section 154 of the Workforce Investment Act of 

23 1998 (29 U.S.C. 2894);’’. 
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1 SEC. 472. PROJECTS WITH INDUSTRY AUTHORIZATION OF 

2 APPROPRIATIONS. 

3 Section 612 of the Rehabilitation Act of 1973 (29 

4 U.S.C. 795a) is amended by striking ‘‘fiscal years 1999 

5 through 2003’’ and inserting ‘‘fiscal years 2006 through 

6 2011’’. 

7 SEC. 473. SERVICES FOR INDIVIDUALS WITH SIGNIFICANT 

8 DISABILITIES AUTHORIZATION OF APPRO9 PRIATIONS. 

10 Section 628 of the Rehabilitation Act of 1973 (29 

11 U.S.C. 795n) is amended by striking ‘‘fiscal years 1999 

12 through 2003’’ and inserting ‘‘fiscal years 2006 through 

13 2011’’. 

14 Subtitle G—Independent Living 

15 Services and Centers for Inde16 pendent Living 

17 SEC. 481. STATE PLAN. 

18 Section 704 of the Rehabilitation Act of 1973 (29 

19 U.S.C. 796c) is amended by adding at the end the following: 

20 ‘‘(o) PROMOTING FULL ACCESS TO COMMUNITY

21 LIFE.— 

22 ‘‘(1) IN GENERAL.—The plan shall describe how 

23 the State will provide independent living services that 

24 promote full access to community life for individuals 

25 with significant disabilities. 
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1 ‘‘(2) SERVICES.—The services shall include, as 

2 appropriate— 

3 ‘‘(A) facilitating transitions of— 

4 ‘‘(i) youth who are individuals with 

5 significant disabilities and have completed 

6 individualized education programs under 

7 section 614(d) of the Individuals with Dis8 abilities Education Act (20 U.S.C. 1414(d)) 

9 to postsecondary life, including employ10 ment; and 

11 ‘‘(ii) individuals with significant dis12 abilities from nursing homes and other in13 stitutions, including institutions serving in14 dividuals with cognitive disabilities, to com15 munity-based residences; 

16 ‘‘(B) assisting individuals with significant 

17 disabilities at risk of entering institutions to re18 main in the community; and 

19 ‘‘(C) promoting home ownership among in20 dividuals with significant disabilities.’’. 

21 SEC. 482. STATEWIDE INDEPENDENT LIVING COUNCIL. 

22 (a) ESTABLISHMENT.—Section 705(a) of the Rehabili23 tation Act of 1973 (29 U.S.C. 796d(a)) is amended by strik24 ing the second sentence and inserting the following: ‘‘The 

25 Council shall not be established as an entity within a State 
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1 agency, and shall not provide independent living services 

2 directly to individuals with significant disabilities or man3 age such services.’’. 

4 (b) COMPOSITION.—Section 705(b) of the Rehabilita5 tion Act of 1973 (29 U.S.C. 796d(b)) is amended— 

6 (1) in paragraph (2), by striking subparagraph 

7 (C) and inserting the following: 

8 ‘‘(C) in a State in which 1 or more projects 

9 provide services under section 121, not less than 

10 1 representative of the directors of the projects.’’; 

11 and 

12 (2) by striking paragraph (5) and inserting the 

13 following: 

14 ‘‘(5) CHAIRPERSON.—The Council shall select a 

15 chairperson from among the voting membership of the 

16 Council.’’. 

17 (c) DUTIES.—Section 705(c) of the Rehabilitation Act 

18 of 1973 (29 U.S.C. 796d(c)) is amended— 

19 (1) by redesignating paragraphs (1) through (5) 

20 as subparagraphs (A) through (E), respectively, and 

21 aligning the margins of those subparagraphs with the 

22 margins of subparagraph (E) of subsection (b)(3); 

23 (2) by striking ‘‘(c)’’ and all that follows through 

24 ‘‘shall—’’ and inserting the following: 

25 ‘‘(c) FUNCTIONS.— 
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1 ‘‘(1) DUTIES.—The Council shall—’’; and 

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

3 ‘‘(2) AUTHORITIES.—The Council may, con4 sistent with the State plan described in section 704, 

5 unless prohibited by State law— 

6 ‘‘(A) provide advice and assistance to the 

7 designated State unit regarding the performance 

8 of its responsibilities under this title; 

9 ‘‘(B) facilitate the improvement and coordi10 nation of services provided to individuals with 

11 disabilities by centers for independent living, the 

12 designated State unit, other Government agen13 cies, and community organizations; 

14 ‘‘(C) conduct resource development activities 

15 to obtain funding from public and private re16 sources to support the activities described in this 

17 subsection or to support the provision of inde18 pendent living services by centers for inde19 pendent living; and 

20 ‘‘(D) perform such other functions, con21 sistent with the purpose of this chapter and com22 parable to other functions described in this sub23 section, as the Council determines to be appro24 priate.’’. 
802 

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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 (29 

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 2005. 

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 ap-
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•S 1021 RS 

1 propriation for a fiscal year that is equal to the 

2 lesser of— 

3 ‘‘(i) an amount equal to 100 percent of 

4 the appropriation, minus the amount re5 served under subsection (b) for that fiscal 

6 year; or 

7 ‘‘(ii) the appropriation for fiscal year 

8 2005. 

9 ‘‘(2) ALLOTMENTS TO STATES FROM BASE AP10 PROPRIATION.—After the reservation required by sub11 section (b) has been made, the Commissioner shall 

12 allot to each State whose State plan has been ap13 proved under section 706 an amount that bears the 

14 same ratio to the base appropriation as the amount 

15 the State received under this subsection for fiscal year 

16 2005 bears to the total amount that all States received 

17 under this subsection for fiscal year 2005. 

18 ‘‘(3) ALLOTMENTS TO STATES OF ADDITIONAL

19 APPROPRIATION.—From any additional appropria20 tion for each fiscal year, the Commissioner shall allot 

21 to each State whose State plan has been approved 

22 under section 706 an amount equal to the sum of— 

23 ‘‘(A) an amount that bears the same ratio 

24 to 50 percent of the additional appropriation as 
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•S 1021 RS 

1 the population of the State bears to the popu2 lation of all States; and 

‘‘(B) 1 3 ⁄56 of 50 percent of the additional ap4 propriation.’’; and 

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

6 ‘‘(e) CARRYOVER AUTHORITY.—Notwithstanding any 

7 other provision of law— 

8 ‘‘(1) any funds appropriated for a fiscal year to 

9 carry out a grant program under section 722 or 723, 

10 that are not obligated and expended by recipients 

11 prior to the beginning of the succeeding fiscal year 

12 shall remain available for obligation and expenditure 

13 by such recipients during that succeeding fiscal year 

14 and the subsequent fiscal year; and 

15 ‘‘(2) any amounts of program income received by 

16 recipients under a grant program under section 722 

17 or 723 in a fiscal year, that are not obligated and ex18 pended by recipients prior to the beginning of the suc19 ceeding fiscal year, shall remain available for obliga20 tion and expenditure by such recipients during that 

21 succeeding fiscal year and the subsequent fiscal 

22 year.’’. 
805 

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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 in9 serting ‘‘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 in18 serting ‘‘for the preceding fiscal year’’. 

19 SEC. 487. STANDARDS AND ASSURANCES FOR CENTERS FOR 

20 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 fol23 lowing: 

24 ‘‘(8) PROMOTING FULL ACCESS TO COMMUNITY

25 LIFE.— 
806 

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1 ‘‘(A) IN GENERAL.—The center shall pro2 vide independent living services that promote full 

3 access to community life for individuals with 

4 significant disabilities. 

5 ‘‘(B) SERVICES.—The services shall include, 

6 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 post14 secondary life, including employment; 

15 and 

16 ‘‘(II) individuals with significant 

17 disabilities from nursing homes and 

18 other institutions, including institu19 tions serving individuals with cog20 nitive disabilities, to community-based 

21 residences; 

22 ‘‘(ii) assisting individuals with signifi23 cant disabilities at risk of entering institu24 tions to remain in the community; and 
807 

•S 1021 RS 

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 1973 

13 (29 U.S.C. 796j et seq.) is amended— 

14 (1) by redesignating sections 752 and 753 as sec15 tions 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 ARRANGEMENTS.— 

19 For any fiscal year for which the funds appropriated to 

20 carry out this chapter exceed the funds appropriated to 

21 carry out this chapter for fiscal year 2005, the Commis22 sioner shall first reserve from such excess, to provide train23 ing and technical assistance to designated State agencies 

24 for such fiscal year, not less than 1.8 percent, and not more 
808 

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1 than 2 percent, of the funds appropriated to carry out this 

2 chapter for the fiscal year involved. 

3 ‘‘(b) ALLOCATION.—From the funds reserved under 

4 subsection (a), the Commissioner shall make grants to, and 

5 enter into contracts and other arrangements with, entities 

6 that demonstrate expertise in the provision of services to 

7 older individuals who are blind to provide training and 

8 technical assistance with respect to planning, developing, 

9 conducting, administering, and evaluating independent liv10 ing programs for older individuals who are blind. 

11 ‘‘(c) FUNDING PRIORITIES.—The Commissioner shall 

12 conduct a survey of designated State agencies that receive 

13 grants under section 753 regarding training and technical 

14 assistance needs in order to determine funding priorities 

15 for grants, contracts, and other arrangements under this 

16 section. 

17 ‘‘(d) REVIEW.—To be eligible to receive a grant or 

18 enter into a contract or other arrangement under this sec19 tion, an entity shall submit an application to the Commis20 sioner at such time, in such manner, containing a proposal 

21 to provide such training and technical assistance, and con22 taining such additional information as the Commissioner 

23 may require. 

24 ‘‘(e) PROHIBITION ON COMBINED FUNDS.—No funds 

25 reserved by the Commissioner under this section may be 
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1 combined with funds appropriated under any other Act or 

2 part of this Act if the purpose of combining funds is to 

3 make a single discretionary grant or a single discretionary 

4 payment, unless such reserved funds are separately identi5 fied in the agreement for such grant or payment and are 

6 used for the purposes of this chapter.’’. 

7 SEC. 490. PROGRAM OF GRANTS. 

8 Section 753 of the Rehabilitation Act of 1973, as redes9 ignated by section 489, is amended— 

10 (1) by striking subsection (h); 

11 (2) by redesignating subsections (i) and (j) as 

12 subsections (h) and (i), respectively; 

13 (3) in subsection (b), by striking ‘‘section 753’’ 

14 and inserting ‘‘section 754’’; 

15 (4) in subsection (c)— 

16 (A) in paragraph (1), by striking ‘‘section 

17 753’’ and inserting ‘‘section 754’’; and 

18 (B) in paragraph (2)— 

19 (i) by striking ‘‘subsection (j)’’ and in20 serting ‘‘subsection (i)’’; and 

21 (ii) by striking ‘‘subsection (i)’’ and 

22 inserting ‘‘subsection (h)’’; 

23 (5) in subsection (g), by inserting ‘‘, or contracts 

24 with,’’ after ‘‘grants to’’; 
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1 (6) in subsection (h), as redesignated by para2 graph (2)— 

3 (A) in paragraph (1), by striking ‘‘sub4 section (j)(4)’’ and inserting ‘‘subsection (i)(4)’’; 

5 and 

6 (B) in paragraph (2)— 

7 (i) in subparagraph (A)(vi), by adding 

8 ‘‘and’’ after the semicolon; 

9 (ii) in subparagraph (B)(ii)(III), by 

10 striking ‘‘; and’’ and inserting a period; 

11 and 

12 (iii) by striking subparagraph (C); 

13 and 

14 (7) in subsection (i), as redesignated by para15 graph (2)— 

16 (A) by striking paragraph (2) and inserting 

17 the following: 

18 ‘‘(2) MINIMUM ALLOTMENT.— 

19 ‘‘(A) STATES.—In the case of any of the 

20 several States, the District of Columbia, or the 

21 Commonwealth of Puerto Rico, the amount re22 ferred to in paragraph (1)(A) for a fiscal year 

23 is the greater of— 

24 ‘‘(i) $350,000; 
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1 ‘‘(ii) an amount equal to the amount 

2 the State, the District of Columbia, or the 

3 Commonwealth of Puerto Rico received to 

4 carry out this chapter for fiscal year 2005; 

5 or 

‘‘(iii) an amount equal to 1 6 ⁄3 of 1 per7 cent of the amount appropriated under sec8 tion 754, and not reserved under section 

9 752, for the fiscal year and available for al10 lotments under subsection (a). 

11 ‘‘(B) CERTAIN TERRITORIES.—In the case 

12 of Guam, American Samoa, the United States 

13 Virgin Islands, or the Commonwealth of the 

14 Northern Mariana Islands, the amount referred 

15 to in paragraph (1)(A) for a fiscal year is 

16 $60,000.’’; 

17 (B) in paragraph (3)(A), by striking ‘‘sec18 tion 753’’ and inserting ‘‘section 754, and not 

19 reserved under section 752,’’; and 

20 (C) in paragraph (4)(B)(i), by striking 

21 ‘‘subsection (i)’’ and inserting ‘‘subsection (h)’’. 
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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 redes5 ignated by section 489, is amended by striking ‘‘fiscal years 

6 1999 through 2003’’ and inserting ‘‘fiscal years 2006 

7 through 2011’’. 

8 Subtitle H—Miscellaneous 

9 SEC. 495. HELEN KELLER NATIONAL CENTER ACT. 

10 (a) GENERAL AUTHORIZATION OF APPROPRIATIONS.— 

11 The first sentence of section 205(a) of the Helen Keller Na12 tional Center Act (29 U.S.C. 1904(a)) is amended by strik13 ing ‘‘1999 through 2003’’ and inserting ‘‘2006 through 

14 2011’’. 

15 (b) HELEN KELLER NATIONAL CENTER FEDERAL EN16 DOWMENT FUND.—The first sentence of section 208(h) of 

17 the Helen Keller National Center Act (29 U.S.C. 1907(h)) 

18 is amended by striking ‘‘1999 through 2003’’ and inserting 

19 ‘‘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 to 

25 be appropriate to provide for the orderly implementation 

26 of titles I and III of this Act. The Secretary of Education 
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1 shall, at the discretion of the Secretary, take such actions 

2 as the Secretary determines to be appropriate to provide 

3 for the orderly implementation of titles II and IV of this 

4 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. 
Calendar No. 203 

109TH CONGRESS 

1ST SESSION S. 1021 

[Report No. 109–134] 

A BILL 

To reauthorize the Workforce Investment Act of 

1998, and for other purposes. 

SEPTEMBER 7, 2005 

Reported with an amendment