IIB 
109TH CONGRESS 
1ST SESSION 
H. R. 27 
IN THE SENATE OF THE UNITED STATES 
MARCH 3, 2005 
Received; read twice and referred to the Committee on Health, Education, 
Labor, and Pensions 
AN ACT 
To enhance the workforce investment system of the Nation 
by strengthening one-stop career centers, providing for 
more effective governance arrangements, promoting ac-
cess to a more comprehensive array of employment, 
training, and related services, establishing a targeted ap-
proach to serving youth, and improving performance ac-
countability, and for other purposes.
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Job Training Improve-
ment Act of 2005’’. 
SEC. 2. TABLE OF CONTENTS. 
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 
Sec. 101. Definitions. 
Sec. 102. Purpose. 
Sec. 103. State workforce investment boards. 
Sec. 104. State plan. 
Sec. 105. Local workforce investment areas. 
Sec. 106. Local workforce investment boards. 
Sec. 107. Local plan. 
Sec. 108. Establishment of one-stop delivery systems. 
Sec. 109. Eligible providers of training services. 
Sec. 110. Eligible providers of youth activities. 
Sec. 111. Youth Activities. 
Sec. 112. Comprehensive programs for adults. 
Sec. 113. Performance accountability system. 
Sec. 114. Authorization of appropriations. 
Sec. 115. Job corps. 
Sec. 116. Native American programs. 
Sec. 117. Migrant and seasonal farmworker programs. 
Sec. 118. Veterans’ workforce investment programs. 
Sec. 119. Youth challenge grants. 
Sec. 120. Technical assistance. 
Sec. 121. Demonstration, pilot, multiservice, research and multi-State projects. 
Sec. 122. Community-based job training. 
Sec. 123. Personal Reemployment Accounts. 
Sec. 124. Training for realtime writers. 
Sec. 125. Business partnership grants. 
Sec. 126. National dislocated worker grants. 
Sec. 127. Authorization of appropriations for national activities. 
Sec. 128. Requirements and restrictions. 
Sec. 129. Nondiscrimination. 
Sec. 130. Administrative provisions. 
Sec. 131. General program requirements. 
TITLE II—ADULT EDUCATION, BASIC SKILLS, AND FAMILY 
LITERACY EDUCATION 
Sec. 201. Table of contents.
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Sec. 202. Amendment. 
TITLE III—AMENDMENTS TO THE WAGNER-PEYSER ACT 
Sec. 301. Amendments to the Wagner-Peyser Act. 
TITLE IV—AMENDMENTS TO THE REHABILITATION ACT OF 1973 
Sec. 401. Findings. 
Sec. 402. Rehabilitation Services Administration. 
Sec. 403. Director. 
Sec. 404. Definitions. 
Sec. 405. State plan. 
Sec. 406. Scope of services. 
Sec. 407. Standards and indicators. 
Sec. 408. Reservation for expanded transition services. 
Sec. 409. Client assistance program. 
Sec. 410. Protection and advocacy of individual rights. 
Sec. 411. Chairperson. 
Sec. 412. Authorizations of appropriations. 
Sec. 413. Conforming amendment. 
Sec. 414. Helen Keller National Center Act. 
TITLE V—TRANSITION AND EFFECTIVE DATE 
Sec. 501. Transition provisions. 
Sec. 502. Effective date. 
SEC. 3. REFERENCES. 
Except as otherwise expressly provided, wherever in 
this Act an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the amendment or repeal shall be considered to be 
made to a section or other provision of the Workforce In-
vestment Act of 1998 (20 U.S.C. 9201 et seq.). 
TITLE 
I—AMENDMENTS 
TO 
TITLE I OF THE WORKFORCE 
INVESTMENT ACT OF 1998 
SEC. 101. DEFINITIONS. 
Section 101 (29 U.S.C. 2801) is amended—
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(1) by striking paragraphs (13) and (24) and 
redesignating paragraphs (1) through (12) as para-
graphs (3) through (14), and paragraphs (14) 
through (23) as paragraphs (15) through (24), re-
spectively; 
(2) by inserting after ‘‘In this title:’’ the fol-
lowing new paragraphs: 
‘‘(1) ACCRUED EXPENDITURES.—The term ‘ac-
crued expenditures’ means charges incurred by re-
cipients of funds under this title for a given period 
requiring the provision of funds for goods or other 
tangible property received; services performed by 
employees, contractors, subgrantees, and other pay-
ees; and other amounts becoming owed under pro-
grams assisted under this title for which no current 
services or performance is required, such as annu-
ities, insurance claims, and other benefit payments. 
‘‘(2) ADMINISTRATIVE COSTS.—The term ‘ad-
ministrative costs’ means expenditures incurred by 
State and local workforce investment boards, direct 
recipients (including State grant recipients under 
subtitle B and recipients of awards under subtitle 
D), local grant recipients, local fiscal agents or local 
grant subrecipients, and one-stop operators in the 
performance of administrative functions and in car-
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rying out activities under this title which are not re-
lated to the direct provision of workforce investment 
services (including services to participants and em-
ployers). Such costs include both personnel and non- 
personnel and both direct and indirect.’’; 
(3) in paragraph (6) (as so redesignated), by 
inserting ‘‘(or such other level as the Governor may 
establish)’’ after ‘‘8th grade level’’; 
(4) in paragraph (10) (as so redesignated)— 
(A) in subparagraph (B), by striking 
‘‘and’’ after the semicolon; 
(B) in subparagraph (C)— 
(i) by striking ‘‘not less than 50 per-
cent of the cost of the training’’ and in-
serting ‘‘a significant portion of the cost of 
training, as determined by the local 
board’’; and 
(ii) by striking the period and insert-
ing ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(D) in the case of customized training 
with an employer in multiple local areas in the 
State, for which such employer pays a signifi-
cant portion of the cost of the training, as de-
termined by the Governor.’’;
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(5) in paragraph (11)(A)(ii)(II) (as so redesig-
nated) by striking ‘‘section 134(c)’’ and inserting 
‘‘section 121(e)’’; 
(6) in paragraph (14)(A) (as so redesignated) 
by striking ‘‘section 122(e)(3)’’ and inserting ‘‘sec-
tion 122’’; 
(7) in paragraph (25)— 
(A) in subparagraph (B), by striking 
‘‘higher of—’’ and all that follows through 
clause (ii) and inserting ‘‘poverty line for an 
equivalent period;’’; and 
(B) by redesignating subparagraphs (D) 
through (F) as subparagraphs (E) through (G), 
respectively, and inserting after subparagraph 
(C) the following: 
‘‘(D) receives or is eligible to receive free 
or reduced price lunch under the Richard B. 
Russell National School Lunch Act (42 U.S.C. 
1751 et seq.);’’; 
(8) in paragraph (32) by striking ‘‘the Republic 
of the Marshall Islands, the Federated States of Mi-
cronesia,’’; and 
(9) by striking paragraph (33) and redesig-
nating paragraphs (34) through (53) as paragraphs 
(33) through (52), respectively.
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SEC. 102. PURPOSE. 
Section 106 (29 U.S.C. 2811) is amended by insert-
ing at the end the following: ‘‘It is also the purpose of 
this subtitle to provide workforce investment activities in 
a manner that promotes the informed choice of partici-
pants and actively involves participants in decisions affect-
ing their participation in such activities.’’. 
SEC. 103. STATE WORKFORCE INVESTMENT BOARDS. 
(a) MEMBERSHIP.— 
(1) IN GENERAL.—Section 111(b) (29 U.S.C. 
2821(b)) is amended— 
(A) by amending paragraph (1)(C) to read 
as follows: 
‘‘(C) representatives appointed by the Gov-
ernor, who are— 
‘‘(i)(I) the lead State agency officials 
with responsibility for the programs and 
activities that are described in section 
121(b) and carried out by one-stop part-
ners; 
‘‘(II) in any case in which no lead 
State agency official has responsibility for 
such a program or activity, a representa-
tive in the State with expertise relating to 
such program or activity; and
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‘‘(III) if not included under subclause 
(I), the director of the State unit, defined 
in section 7(8)(B) of the Rehabilitation 
Act of 1973 (29 U.S.C. 705(8)(B)) except 
that in a State that has established 2 or 
more designated State units to administer 
the vocational rehabilitation program, the 
board representative shall be the director 
of the designated State unit that serves the 
most individuals with disabilities in the 
State; 
‘‘(ii) the State agency officials respon-
sible for economic development; 
‘‘(iii) representatives of business in 
the State who— 
‘‘(I) are owners of businesses, 
chief executive or operating officers of 
businesses, and other business execu-
tives or employers with optimum pol-
icy making or hiring authority, includ-
ing members of local boards described 
in section 117(b)(2)(A)(i); 
‘‘(II) represent businesses with 
employment opportunities that reflect
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employment 
opportunities 
in 
the 
State; and 
‘‘(III) are appointed from among 
individuals nominated by State busi-
ness organizations and business trade 
associations; 
‘‘(iv) chief elected officials (rep-
resenting both cities and counties, where 
appropriate); 
‘‘(v) representatives of labor organiza-
tions, who have been nominated by State 
labor federations; and 
‘‘(vi) such other representatives and 
State agency officials as the Governor may 
designate.’’; and 
(B) in paragraph (3), by striking ‘‘para-
graph (1)(C)(i)’’ and inserting ‘‘paragraph 
(1)(C)(iii)’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
111(c) (29 U.S.C 2811(c)) is amended by striking 
‘‘subsection (b)(1)(C)(i)’’ and inserting ‘‘subsection 
(b)(1)(C)(iii)’’. 
(b) 
FUNCTIONS.—Section 
111(d) 
(29 
U.S.C. 
2811(d)) is amended—
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(1) in paragraph (2), by striking ‘‘section 
134(c)’’ and inserting ‘‘section 121(e)’’; 
(2) by amending paragraph (3) to read as fol-
lows: 
‘‘(3) development and review of statewide poli-
cies affecting the integrated provision of services 
through the one-stop delivery system described in 
section 121, including— 
‘‘(A) the development of criteria for, and 
the issuance of, certifications of one-stop cen-
ters; 
‘‘(B) the criteria for the allocation of one- 
stop center infrastructure funding under section 
121(h), and oversight of the use of such funds; 
‘‘(C) approaches to facilitating equitable 
and efficient cost allocation in one-stop delivery 
systems; and 
‘‘(D) such other matters that may promote 
statewide objectives for, and enhance the per-
formance of, one-stop delivery systems within 
the State;’’; 
(3) in paragraph (4), by inserting ‘‘and the de-
velopment of State criteria relating to the appoint-
ment and certification of local boards under section 
117’’ after ‘‘section 116’’;
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(4) in paragraph (5), by striking ‘‘sections 
128(b)(3)(B) and 133(b)(3)(B)’’ and inserting ‘‘sec-
tions 128(b)(3) and 133(b)(3)’’; and 
(5) in paragraph (9), by striking ‘‘section 503’’ 
and inserting ‘‘section 136(i)’’. 
(c) ELIMINATION
OF ALTERNATIVE ENTITY
AND 
PROVISION
OF AUTHORITY
TO HIRE STAFF.—Section 
111(e) (29 U.S.C. 2821(e)) is amended to read as follows: 
‘‘(e) AUTHORITY TO HIRE STAFF.—The State board 
may hire staff to assist in carrying out the functions de-
scribed in subsection (d).’’. 
SEC. 104. STATE PLAN. 
(a) PLANNING CYCLE.—Section 112(a) (29 U.S.C. 
2822(a)) is amended by striking ‘‘5-year strategy’’ and in-
serting ‘‘2-year strategy’’. 
(b) CONTENTS.—Section 112(b) (29 U.S.C. 2822(b)) 
is amended— 
(1) in paragraph (12)(A), by striking ‘‘sections 
128(b)(3)(B) and 133(b)(3)(B)’’ and inserting ‘‘sec-
tions 128(b)(3) and 133(b)(3)’’; 
(2) in paragraph (14), by striking ‘‘section 
134(c)’’ and inserting ‘‘section 121(e)’’; 
(3) in paragraph (17)(A)— 
(A) in clause (iii) by striking ‘‘and’’;
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(B) by amending clause (iv) to read as fol-
lows: 
‘‘(iv) how the State will serve the em-
ployment and training needs of dislocated 
workers (including displaced homemakers 
and 
formerly 
self-employed 
and 
transitioning farmers, ranchers, and fisher-
man) low income individuals (including re-
cipients of public assistance), individuals 
with limited English proficiency, homeless 
individuals, ex-offenders, individuals train-
ing for nontraditional employment, and 
other individuals with multiple barriers to 
employment (including older individuals); 
and’’; and 
(C) by inserting after clause (iv) the fol-
lowing: 
‘‘(v) how the State will serve the em-
ployment and training needs of individuals 
with disabilities, consistent with section 
188 and Executive Order 13217 (42 
U.S.C. 12131 note; relating to community- 
based alternatives for individuals with dis-
abilities) including the provision of out-
reach, intake, assessments, and service de-