IB 
Union Calendar No. 4
109TH CONGRESS 
1ST SESSION 
H. R. 27
[Report No. 109–9] 
To enhance the workforce investment system of the Nation by strengthening 
one-stop career centers, providing for more effective governance arrange-
ments, promoting access to a more comprehensive array of employment, 
training, and related services, establishing a targeted approach to serving 
youth, and improving performance accountability, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 4, 2005
Mr. MCKEON (for himself, Mr. BOEHNER, Mr. TIBERI, Mr. PORTER, and Mr. 
KLINE) introduced the following bill; which was referred to the Com-
mittee on Education and the Workforce 
FEBRUARY 25, 2005
Additional sponsors: Mr. NORWOOD, Mrs. MILLER of Michigan, Mr. HALL, 
Mrs. CAPITO, Mrs. DRAKE, Mr. ENGLISH
of Pennsylvania, Mr. 
FORTUN˜O, Mr. RADANOVICH, Mr. SESSIONS, Mr. BOUSTANY, and Mr. 
LATHAM
FEBRUARY 25, 2005
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on January 4, 2005] 
A BILL 
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.
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. 
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 provision, 
the amendment or repeal shall be considered to be made 
to a section or other provision of the Workforce Investment 
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—
(1) by striking paragraphs (13) and (24) and re-
designating paragraphs (1) through (12) as para-
graphs (3) through (14), and paragraphs (14) through 
(23) as paragraphs (15) through (24), respectively; 
(2) by inserting after ‘‘In this title:’’ the fol-
lowing new paragraphs: 
‘‘(1) ACCRUED EXPENDITURES.—The term ‘ac-
crued expenditures’ means charges incurred by recipi-
ents of funds under this title for a given period re-
quiring the provision of funds for goods or other tan-
gible property received; services performed by employ-
ees, contractors, subgrantees, and other payees; and 
other amounts becoming owed under programs as-
sisted under this title for which no current services or 
performance is required, such as annuities, insurance 
claims, and other benefit payments. 
‘‘(2) ADMINISTRATIVE COSTS.—The term ‘admin-
istrative costs’ means expenditures incurred by State 
and local workforce investment boards, direct recipi-
ents (including State grant recipients under subtitle
B and recipients of awards under subtitle D), local 
grant recipients, local fiscal agents or local grant sub-
recipients, and one-stop operators in the performance 
of administrative functions and in carrying out ac-
tivities under this title which are not related to the 
direct provision of workforce investment services (in-
cluding services to participants and employers). Such 
costs include both personnel and non-personnel and 
both direct and indirect.’’; 
(3) in paragraph (6) (as so redesignated), by in-
serting ‘‘(or such other level as the Governor may es-
tablish)’’ 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 insert-
ing ‘‘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 deter-
mined by the Governor.’’; 
(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 ‘‘section 
122’’; 
(7) in paragraph (25)—
(A) in subparagraph (B), by striking ‘‘high-
er of—’’ and all that follows through clause (ii) 
and inserting ‘‘poverty line for an equivalent pe-
riod;’’; 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. 
SEC. 102. PURPOSE. 
Section 106 (29 U.S.C. 2811) is amended by inserting 
at the end the following: ‘‘It is also the purpose of this sub-
title to provide workforce investment activities in a manner 
that promotes the informed choice of participants and ac-
tively involves participants in decisions affecting their par-
ticipation 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 ac-
tivities that are described in section 121(b) 
and carried out by one-stop partners;
‘‘(II) in any case in which no lead 
State agency official has responsibility for 
such a program or activity, a representative 
in the State with expertise relating to such 
program or activity; and 
‘‘(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 des-
ignated State units to administer the voca-
tional 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 busi-
nesses, and other business executives or 
employers with optimum policy mak-
ing or hiring authority, including
members of local boards described in 
section 117(b)(2)(A)(i); 
‘‘(II) represent businesses with 
employment opportunities that reflect 
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 ap-
propriate); 
‘‘(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 ‘‘sub-
section 
(b)(1)(C)(i)’’ 
and 
inserting 
‘‘subsection 
(b)(1)(C)(iii)’’. 
(b) FUNCTIONS.—Section 111(d) (29 U.S.C. 2811(d)) 
is amended—
(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 policies 
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 centers; 
‘‘(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’’; 
(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 PRO-
VISION 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’’; 
(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.