H. R. 1385—143
SEC. 243. NATIONAL LEADERSHIP ACTIVITIES.
The Secretary shall establish and carry out a program of
national leadership activities to enhance the quality of adult edu-
cation and literacy programs nationwide. Such activities may
include the following:
(1) Technical assistance, including—
(A) assistance provided to eligible providers in develop-
ing and using performance measures for the improvement
of adult education and literacy activities, including family
literacy services;
(B) assistance related to professional development
activities, and assistance for the purposes of developing,
improving, identifying, and disseminating the most success-
ful methods and techniques for providing adult education
and literacy activities, including family literacy services,
based on scientific evidence where available; and
(C) assistance in distance learning and promoting and
improving the use of technology in the classroom.
(2) Funding national leadership activities that are not
described in paragraph (1), either directly or through grants,
contracts, or cooperative agreements awarded on a competitive
basis to or with postsecondary educational institutions, public
or private organizations or agencies, or consortia of such institu-
tions, organizations, or agencies, such as—
(A) developing, improving, and identifying the most
successful methods and techniques for addressing the edu-
cation needs of adults, including instructional practices
using phonemic awareness, systematic phonics, fluency,
and reading comprehension, based on the work of the
National Institute of Child Health and Human Develop-
ment;
(B) increasing the effectiveness of, and improving the
qualify of, adult education and literacy activities, including
family literacy services;
(C) carrying out research, such as estimating the num-
ber of adults functioning at the lowest levels of literacy
proficiency;
(D)(i) carrying out demonstration programs;
(ii) developing and replicating model and innovative
programs, such as the development of models for basic
skill certificates, identification of effective strategies for
working with adults with learning disabilities and with
individuals with limited English proficiency who are adults,
and workplace literacy programs; and
(iii) disseminating best practices information, including
information regarding promising practices resulting from
federally funded demonstration programs;
(E) providing for the conduct of an independent evalua-
tion and assessment of adult education and literacy activi-
ties through studies and analyses conducted independently
through grants and contracts awarded on a competitive
basis, which evaluation and assessment shall include
descriptions of—
(i) the effect of performance measures and other
measures of accountability on the delivery of adult
education and literacy activities, including family lit-
eracy services;
H. R. 1385—144
(ii) the extent to which the adult education and
literacy activities, including family literacy services,
increase the literacy skills of adults (and of children,
in the case of family literacy services), lead the partici-
pants in such activities to involvement in further edu-
cation and training, enhance the employment and earn-
ings of such participants, and, if applicable, lead to
other positive outcomes, such as reductions in recidi-
vism in the case of prison-based adult education and
literacy activities;
(iii) the extent to which the provision of support
services to adults enrolled in adult education and fam-
ily literacy programs increase the rate of enrollment
in, and successful completion of, such programs; and
(iv) the extent to which eligible agencies have
distributed funds under section 231 to meet the needs
of adults through community-based organizations;
(F) supporting efforts aimed at capacity building at
the State and local levels, such as technical assistance
in program planning, assessment, evaluation, and monitor-
ing of activities carried out under this subtitle;
(G) collecting data, such as data regarding the improve-
ment of both local and State data systems, through tech-
nical assistance and development of model performance
data collection systems; and
(H) other activities designed to enhance the quality
of adult education and literacy activities nationwide.
Subtitle B—Repeals
SEC. 251. REPEALS.
(a) REPEALS.—
(1) ADULT EDUCATION ACT.—The Adult Education Act (20
U.S.C. 1201 et seq.) is repealed.
(2) NATIONAL LITERACY ACT OF 1991.—The National Literacy
Act of 1991 (20 U.S.C. 1201 note) is repealed.
(b) CONFORMING AMENDMENTS.—
(1) REFUGEE EDUCATION ASSISTANCE ACT.—Subsection (b)
of section 402 of the Refugee Education Assistance Act of 1980
(8 U.S.C. 1522 note) is repealed.
(2) ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.—
(A) SECTION 1202 OF ESEA.—Section 1202(c)(1) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6362(c)(1)) is amended by striking ‘‘Adult Education
Act’’ and inserting ‘‘Adult Education and Family Literacy
Act’’.
(B) SECTION 1205 OF ESEA.—Section 1205(8)(B) of such
Act (20 U.S.C. 6365(8)(B)) is amended by striking ‘‘Adult
Education Act’’ and inserting ‘‘Adult Education and Family
Literacy Act’’.
(C) SECTION
1206
OF
ESEA.—Section 1206(a)(1)(A) of
such Act (20 U.S.C. 6366(a)(1)(A)) is amended by striking
‘‘an adult basic education program under the Adult Edu-
cation Act’’ and inserting ‘‘adult education and literacy
activities under the Adult Education and Family Literacy
Act’’.
H. R. 1385—145
(D) SECTION 3113 OF ESEA.—Section 3113(1) of such
Act (20 U.S.C. 6813(1)) is amended by striking ‘‘section
312 of the Adult Education Act’’ and inserting ‘‘section
203 of the Adult Education and Family Literacy Act’’.
(E) SECTION 9161 OF ESEA.—Section 9161(2) of such
Act (20 U.S.C. 7881(2)) is amended by striking ‘‘section
312(2) of the Adult Education Act’’ and inserting ‘‘section
203 of the Adult Education and Family Literacy Act’’.
(3) OLDER AMERICANS ACT OF 1965.—Section 203(b)(8) of
the Older Americans Act of 1965 (42 U.S.C. 3013(b)(8)) is
amended by striking ‘‘Adult Education Act’’ and inserting ‘‘Adult
Education and Family Literacy Act’’.
TITLE III—WORKFORCE INVESTMENT-
RELATED ACTIVITIES
Subtitle A—Wagner-Peyser Act
SEC. 301. DEFINITIONS.
Section 2 of the Wagner-Peyser Act (29 U.S.C. 49a) is
amended—
(1) in paragraph (1)—
(A) by striking ‘‘or officials’’; and
(B) by striking ‘‘Job Training Partnership Act’’ and
inserting ‘‘Workforce Investment Act of 1998’’;
(2) by striking paragraphs (2) and (4);
(3) by redesignating paragraph (3) as paragraph (4);
(4) by inserting after paragraph (1) the following:
‘‘(2) the term ‘local workforce investment board’ means
a local workforce investment board established under section
117 of the Workforce Investment Act of 1998;
‘‘(3) the term ‘one-stop delivery system’ means a one-stop
delivery system described in section 134(c) of the Workforce
Investment Act of 1998;’’; and
(5) in paragraph (4) (as redesignated in paragraph (3)),
by striking the semicolon and inserting ‘‘; and’’.
SEC. 302. FUNCTIONS.
(a) IN GENERAL.—Section 3 of the Wagner-Peyser Act (29 U.S.C.
49b) is amended—
(1) in subsection (a), by striking ‘‘United States Employ-
ment Service’’ and inserting ‘‘Secretary’’; and
(2) by adding at the end the following:
‘‘(c) The Secretary shall—
‘‘(1) assist in the coordination and development of a nation-
wide system of public labor exchange services, provided as
part of the one-stop customer service systems of the States;
‘‘(2) assist in the development of continuous improvement
models for such nationwide system that ensure private sector
satisfaction with the system and meet the demands of job-
seekers relating to the system; and
‘‘(3) ensure, for individuals otherwise eligible to receive
unemployment compensation, the provision of reemployment
services and other activities in which the individuals are
required to participate to receive the compensation.’’.
H. R. 1385—146
(b) CONFORMING
AMENDMENTS.—Section 508(b)(1) of the
Unemployment Compensation Amendments of 1976 (42 U.S.C.
603a(b)(1)) is amended—
(1) by striking ‘‘the third sentence of section 3(a)’’ and
inserting ‘‘section 3(b)’’; and
(2) by striking ‘‘49b(a)’’ and inserting ‘‘49b(b)’’.
SEC. 303. DESIGNATION OF STATE AGENCIES.
Section 4 of the Wagner-Peyser Act (29 U.S.C. 49c) is
amended—
(1) by striking ‘‘, through its legislature,’’ and inserting
‘‘, pursuant to State statute,’’;
(2) by inserting after ‘‘the provisions of this Act and’’ the
following: ‘‘, in accordance with such State statute, the Governor
shall’’; and
(3) by striking ‘‘United States Employment Service’’ and
inserting ‘‘Secretary’’.
SEC. 304. APPROPRIATIONS.
Section 5(c) of the Wagner-Peyser Act (29 U.S.C. 49d(c)) is
amended by striking paragraph (3).
SEC. 305. DISPOSITION OF ALLOTTED FUNDS.
Section 7 of the Wagner-Peyser Act (29 U.S.C. 49f) is
amended—
(1) in subsection (b)(2), by striking ‘‘private industry coun-
cil’’ and inserting ‘‘local workforce investment board’’;
(2) in subsection (c)(2), by striking ‘‘any program under’’
and all that follows and inserting ‘‘any workforce investment
activity carried out under the Workforce Investment Act of
1998.’’;
(3) in subsection (d)—
(A) by striking ‘‘United States Employment Service’’
and inserting ‘‘Secretary’’; and
(B) by striking ‘‘Job Training Partnership Act’’ and
inserting ‘‘Workforce Investment Act of 1998’’; and
(4) by adding at the end the following:
‘‘(e) All job search, placement, recruitment, labor employment
statistics, and other labor exchange services authorized under sub-
section (a) shall be provided, consistent with the other requirements
of this Act, as part of the one-stop delivery system established
by the State.’’.
SEC. 306. STATE PLANS.
Section 8 of the Wagner-Peyser Act (29 U.S.C. 49g) is
amended—
(1) in subsection (a) to read as follows:
‘‘(a) Any State desiring to receive assistance under this Act
shall submit to the Secretary, as part of the State plan submitted
under section 112 of the Workforce Investment Act of 1998, detailed
plans for carrying out the provisions of this Act within such State.’’;
(2) by striking subsections (b) and (c);
(3) by redesignating subsection (d) as subsection (b);
(4) by inserting after subsection (b) (as redesignated by
paragraph (3)) the following:
‘‘(c) The part of the State plan described in subsection (a)
shall include the information described in paragraphs (8) and (14)
of section 112(b) of the Workforce Investment Act of 1998.’’;
H. R. 1385—147
(5) by redesignating subsection (e) as subsection (d); and
(6) in subsection (d) (as redesignated in paragraph (5)),
by striking ‘‘such plans’’ and inserting ‘‘such detailed plans’’.
SEC. 307. REPEAL OF FEDERAL ADVISORY COUNCIL.
Section 11 of the Wagner-Peyser Act (29 U.S.C. 49j) is
amended—
(1) by striking ‘‘11.’’ and all that follows through ‘‘(b) In’’
and inserting ‘‘11. In’’; and
(2) by striking ‘‘Director’’ and inserting ‘‘Secretary’’.
SEC. 308. REGULATIONS.
Section 12 of the Wagner-Peyser Act (29 U.S.C. 49k) is amended
by striking ‘‘The Director, with the approval of the Secretary of
Labor,’’ and inserting ‘‘The Secretary’’.
SEC. 309. EMPLOYMENT STATISTICS.
The Wagner-Peyser Act is amended—
(1) by redesignating section 15 (29 U.S.C. 49 note) as
section 16; and
(2) by inserting after section 14 (29 U.S.C. 49l–1) the
following:
‘‘SEC. 15. EMPLOYMENT STATISTICS.
‘‘(a) SYSTEM CONTENT.—
‘‘(1) IN GENERAL.—The Secretary, in accordance with the
provisions of this section, shall oversee the development,
maintenance, and continuous improvement of a nationwide
employment statistics system of employment statistics that
includes—
‘‘(A) statistical data from cooperative statistical survey
and projection programs and data from administrative
reporting systems that, taken together, enumerate, esti-
mate, and project employment opportunities and conditions
at national, State, and local levels in a timely manner,
including statistics on—
‘‘(i) employment and unemployment status of
national, State, and local populations, including self-
employed, part-time, and seasonal workers;
‘‘(ii) industrial distribution of occupations, as well
as current and projected employment opportunities,
wages, benefits (where data is available), and skill
trends by occupation and industry, with particular
attention paid to State and local conditions;
‘‘(iii) the incidence of, industrial and geographical
location of, and number of workers displaced by,
permanent layoffs and plant closings; and
‘‘(iv) employment and earnings information main-
tained in a longitudinal manner to be used for research
and program evaluation;
‘‘(B) information on State and local employment
opportunities, and other appropriate statistical data related
to labor market dynamics, which—
‘‘(i) shall be current and comprehensive;
‘‘(ii) shall meet the needs identified through the
consultations described in subparagraphs (A) and (B)
of subsection (e)(2); and
H. R. 1385—148
‘‘(iii) shall meet the needs for the information
identified in section 134(d);
‘‘(C) technical standards (which the Secretary shall
publish annually) for data and information described in
subparagraphs (A) and (B) that, at a minimum, meet the
criteria of chapter 35 of title 44, United States Code;
‘‘(D) procedures to ensure compatibility and additivity
of the data and information described in subparagraphs
(A) and (B) from national, State, and local levels;
‘‘(E) 
procedures 
to 
support 
standardization 
and
aggregation of data from administrative reporting systems
described in subparagraph (A) of employment-related pro-
grams;
‘‘(F) analysis of data and information described in sub-
paragraphs (A) and (B) for uses such as—
‘‘(i) national, State, and local policymaking;
‘‘(ii) implementation of Federal policies (including
allocation formulas);
‘‘(iii) program planning and evaluation; and
‘‘(iv) researching labor market dynamics;
‘‘(G) wide dissemination of such data, information, and
analysis in a user-friendly manner and voluntary technical
standards for dissemination mechanisms; and
‘‘(H) programs of—
‘‘(i) training for effective data dissemination;
‘‘(ii) research and demonstration; and
‘‘(iii) programs and technical assistance.
‘‘(2) INFORMATION TO BE CONFIDENTIAL.—
‘‘(A) IN GENERAL.—No officer or employee of the Federal
Government or agent of the Federal Government may—
‘‘(i) use any submission that is furnished for exclu-
sively statistical purposes under the provisions of this
section for any purpose other than the statistical pur-
poses of this section for which the submission is fur-
nished;
‘‘(ii) make any publication or media transmittal
of the data contained in the submission described in
clause (i) that permits information concerning individ-
ual subjects to be reasonably inferred by either direct
or indirect means; or
‘‘(iii) permit anyone other than a sworn officer,
employee, or agent of any Federal department or
agency, or a contractor (including an employee of a
contractor) of such department or agency, to examine
an individual submission described in clause (i);
without the consent of the individual, agency, or other
person who is the subject of the submission or provides
that submission.
‘‘(B) IMMUNITY FROM LEGAL PROCESS.—Any submission
(including any data derived from the submission) that is
collected and retained by a Federal department or agency,
or an officer, employee, agent, or contractor of such a
department or agency, for exclusively statistical purposes
under this section shall be immune from the legal process
and shall not, without the consent of the individual, agency,
or other person who is the subject of the submission or
provides that submission, be admitted as evidence or used
H. R. 1385—149
for any purpose in any action, suit, or other judicial or
administrative proceeding.
‘‘(C) RULE OF CONSTRUCTION.—Nothing in this section
shall be construed to provide immunity from the legal
process for such submission (including any data derived
from the submission) if the submission is in the possession
of any person, agency, or entity other than the Federal
Government or an officer, employee, agent, or contractor
of the Federal Government, or if the submission is
independently collected, retained, or produced for purposes
other than the purposes of this Act.
‘‘(b) SYSTEM RESPONSIBILITIES.—
‘‘(1) IN
GENERAL.—The employment statistics system
described in subsection (a) shall be planned, administered, over-
seen, and evaluated through a cooperative governance structure
involving the Federal Government and States.
‘‘(2) DUTIES.—The Secretary, with respect to data collection,
analysis, and dissemination of labor employment statistics for
the system, shall carry out the following duties:
‘‘(A) Assign responsibilities within the Department of
Labor for elements of the employment statistics system
described in subsection (a) to ensure that all statistical
and administrative data collected is consistent with appro-
priate Bureau of Labor Statistics standards and definitions.
‘‘(B) Actively seek the cooperation of other Federal
agencies to establish and maintain mechanisms for ensur-
ing complementarity and nonduplication in the develop-
ment and operation of statistical and administrative data
collection activities.
‘‘(C) Eliminate gaps and duplication in statistical
undertakings, with the systemization of wage surveys as
an early priority.
‘‘(D) In collaboration with the Bureau of Labor Statis-
tics and States, develop and maintain the elements of
the employment statistics system described in subsection
(a), including the development of consistent procedures and
definitions for use by the States in collecting the data
and information described in subparagraphs (A) and (B)
of subsection (a)(1).
‘‘(E) Establish procedures for the system to ensure
that—
‘‘(i) such data and information are timely;
‘‘(ii) paperwork and reporting for the system are
reduced to a minimum; and
‘‘(iii) States and localities are fully involved in
the development and continuous improvement of the
system at all levels, including ensuring the provision,
to such States and localities, of budget information
necessary for carrying out their responsibilities under
subsection (e).
‘‘(c) ANNUAL
PLAN.—The Secretary, working through the
Bureau of Labor Statistics, and in cooperation with the States,
and with the assistance of other appropriate Federal agencies,
shall prepare an annual plan which shall be the mechanism for
achieving cooperative management of the nationwide employment
statistics system described in subsection (a) and the statewide
H. R. 1385—150
employment statistics systems that comprise the nationwide system.
The plan shall—
‘‘(1) describe the steps the Secretary has taken in the
preceding year and will take in the following 5 years to carry
out the duties described in subsection (b)(2);
‘‘(2) include a report on the results of an annual consumer
satisfaction review concerning the performance of the system,
including the performance of the system in addressing the
needs of Congress, States, localities, employers, jobseekers, and
other consumers;
‘‘(3) evaluate the performance of the system and recommend
needed improvements, taking into consideration the results
of the consumer satisfaction review, with particular attention
to the improvements needed at the State and local levels;
‘‘(4) justify the budget request for annual appropriations
by describing priorities for the fiscal year succeeding the fiscal
year in which the plan is developed and priorities for the
5 subsequent fiscal years for the system;
‘‘(5) describe current (as of the date of the submission
of the plan) spending and spending needs to carry out activities
under this section, including the costs to States and localities
of meeting the requirements of subsection (e)(2); and
‘‘(6) describe the involvement of States in the development
of the plan, through formal consultations conducted by the
Secretary in cooperation with representatives of the Governors
of every State, and with representatives of local workforce
investment boards, pursuant to a process established by the
Secretary in cooperation with the States.
‘‘(d) COORDINATION WITH THE STATES.—The Secretary, working
through the Bureau of Labor Statistics, and in cooperation with
the States, shall—
‘‘(1) develop the annual plan described in subsection (c)
and address other employment statistics issues by holding for-
mal consultations, at least once each quarter (beginning with
the calendar quarter in which the Workforce Investment Act
of 1998 is enacted) on the products and administration of the
nationwide employment statistics system; and
‘‘(2) hold the consultations with representatives from each
of the 10 Federal regions of the Department of Labor, elected
(pursuant to a process established by the Secretary) by and
from the State employment statistics directors affiliated with
the State agencies that perform the duties described in sub-
section (e)(2).
‘‘(e) STATE RESPONSIBILITIES.—
‘‘(1) DESIGNATION OF STATE AGENCY.—In order to receive
Federal financial assistance under this section, the Governor
of a State shall—
‘‘(A) designate a single State agency to be responsible
for the management of the portions of the employment
statistics system described in subsection (a) that comprise
a statewide employment statistics system and for the
State’s participation in the development of the annual plan;
and
‘‘(B) establish a process for the oversight of such sys-
tem.
‘‘(2) DUTIES.—In order to receive Federal financial assist-
ance under this section, the State agency shall—
H. R. 1385—151
‘‘(A) consult with State and local employers, partici-
pants, and local workforce investment boards about the
labor market relevance of the data to be collected and
disseminated through the statewide employment statistics
system;
‘‘(B) consult with State educational agencies and local
educational agencies concerning the provision of employ-
ment statistics in order to meet the needs of secondary
school and postsecondary school students who seek such
information;
‘‘(C) collect and disseminate for the system, on behalf
of the State and localities in the State, the information
and data described in subparagraphs (A) and (B) of sub-
section (a)(1);
‘‘(D) maintain and continuously improve the statewide
employment statistics system in accordance with this sec-
tion;
‘‘(E) perform contract and grant responsibilities for
data collection, analysis, and dissemination for such sys-
tem;
‘‘(F) conduct such other data collection, analysis, and
dissemination activities as will ensure an effective state-
wide employment statistics system;
‘‘(G) actively seek the participation of other State and
local agencies in data collection, analysis, and dissemina-
tion activities in order to ensure complementary, compat-
ibility, and usefulness of data;
‘‘(H) participate in the development of the annual plan
described in subsection (c); and
‘‘(I) utilize the quarterly records described in section
136(f )(2) of the Workforce Investment Act of 1998 to assist
the State and other States in measuring State progress
on State performance measures.
‘‘(3) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed as limiting the ability of a State agency to conduct
additional data collection, analysis, and dissemination activities
with State funds or with Federal funds from sources other
than this section.
‘‘(f ) NONDUPLICATION REQUIREMENT.—None of the functions
and activities carried out pursuant to this section shall duplicate
the functions and activities carried out under the Carl D. Perkins
Vocational and Applied Technology Education Act (20 U.S.C. 2301
et seq.).
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section such sums as may
be necessary for each of the fiscal years 1999 through 2004.
‘‘(h) DEFINITION.—In this section, the term ‘local area’ means
the smallest geographical area for which data can be produced
with statistical reliability.’’.
SEC. 310. TECHNICAL AMENDMENTS.
Sections 3(b), 6(b)(1), and 7(d) of the Wagner-Peyser Act (29
U.S.C. 49b(b), 49e(b)(1), and 49f(d)) are amended by striking ‘‘Sec-
retary of Labor’’ and inserting ‘‘Secretary’’.
SEC. 311. EFFECTIVE DATE.
The amendments made by this subtitle shall take effect on
July 1, 1999.
H. R. 1385—152
Subtitle B—Linkages With Other Programs
SEC. 321. TRADE ACT OF 1974.
Section 239 of the Trade Act of 1974 (19 U.S.C. 2311) is
amended by adding at the end the following:
‘‘(g) In order to promote the coordination of workforce invest-
ment activities in each State with activities carried out under
this chapter, any agreement entered into under this section shall
provide that the State shall submit to the Secretary, in such form
as the Secretary may require, the description and information
described in paragraphs (8) and (14) of section 112(b) of the
Workforce Investment Act of 1998.’’.
SEC. 322. VETERANS’ EMPLOYMENT PROGRAMS.
Chapter 41 of title 38, United States Code, is amended by
adding at the end the following:
‘‘§ 4110B. Coordination and nonduplication
‘‘In carrying out this chapter, the Secretary shall require that
an appropriate administrative entity in each State enter into an
agreement with the Secretary regarding the implementation of this
Act that includes the description and information described in para-
graphs (8) and (14) of section 112(b) of the Workforce Investment
Act of 1998.’’.
SEC. 323. OLDER AMERICANS ACT OF 1965.
Section 502(b)(1) of the Older Americans Act of 1965 (42 U.S.C.
3056(b)(1)) is amended—
(1) in subparagraph (O), by striking ‘‘; and’’ and inserting
a semicolon;
(2) in subparagraph (P), by striking the period and inserting
‘‘; and’’; and
(3) by adding at the end the following subparagraph:
‘‘(Q) will provide to the Secretary the description and
information described in paragraphs (8) and (14) of section
112(b) of the Workforce Investment Act of 1998.’’.
Subtitle C—Twenty-First Century
Workforce Commission
SEC. 331. SHORT TITLE.
This subtitle may be cited as the ‘‘Twenty-First Century
Workforce Commission Act’’.
SEC. 332. FINDINGS.
Congress finds that—
(1) information technology is one of the fastest growing
areas in the United States economy;
(2) the United States is a world leader in the information
technology industry;
(3) the continued growth and prosperity of the information
technology industry is important to the continued prosperity
of the United States economy;
H. R. 1385—153
(4) highly skilled employees are essential for the success
of business entities in the information technology industry and
other business entities that use information technology;
(5) employees in information technology jobs are highly
paid;
(6) as of the date of enactment of this Act, these employees
are in high demand in all industries and all regions of the
United States; and
(7) through a concerted effort by business entities, the
Federal Government, the governments of States and political
subdivisions of States, and educational institutions, more
individuals will gain the skills necessary to enter into a tech-
nology-based job market, ensuring that the United States
remains the world leader in the information technology indus-
try.
SEC. 333. DEFINITIONS.
In this subtitle:
(1) BUSINESS ENTITY.—The term ‘‘business entity’’ means
a firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) COMMISSION.—The term ‘‘Commission’’ means the
Twenty-First Century Workforce Commission established under
section 334.
(3) INFORMATION
TECHNOLOGY.—The term ‘‘information
technology’’ has the meaning given that term in section 5002
of the Information Technology Management Reform Act of 1996
(110 Stat. 679).
(4) STATE.—The term ‘‘State’’ means each of the several
States of the United States and the District of Columbia.
SEC. 334. ESTABLISHMENT OF TWENTY-FIRST CENTURY WORKFORCE
COMMISSION.
(a) ESTABLISHMENT.—There is established a commission to be
known as the Twenty-First Century Workforce Commission.
(b) MEMBERSHIP.—
(1) COMPOSITION.—
(A) IN GENERAL.—The Commission shall be composed
of 15 voting members, of which—
(i) five members shall be appointed by the
President;
(ii) five members shall be appointed by the
Majority Leader of the Senate; and
(iii) five members shall be appointed by the
Speaker of the House of Representatives.
(B) GOVERNMENTAL REPRESENTATIVES.—Of the mem-
bers appointed under this subsection, three members shall
be representatives of the governments of States and politi-
cal subdivisions of States, one of whom shall be appointed
by the President, one of whom shall be appointed by the
Majority Leader of the Senate, and one of whom shall
be appointed by the Speaker of the House of Representa-
tives.
(C) EDUCATORS.—Of the members appointed under this
subsection, three shall be educators who are selected from
among elementary, secondary, vocational, and postsecond-
ary educators—
H. R. 1385—154
(i) one of whom shall be appointed by the
President;
(ii) one of whom shall be appointed by the Majority
Leader of the Senate; and
(iii) one of whom shall be appointed by the Speaker
of the House of Representatives.
(D) BUSINESS REPRESENTATIVES.—
(i) IN GENERAL.—Of the members appointed under
this subsection, eight shall be representatives of busi-
ness entities (at least three of which shall be individ-
uals who are employed by noninformation technology
business entities), two of whom shall be appointed
by the President, three of whom shall be appointed
by the Majority Leader of the Senate, and three of
whom shall be appointed by the Speaker of the House
of Representatives.
(ii) SIZE.—Members appointed under this sub-
section in accordance with clause (i) shall, to the extent
practicable, include individuals from business entities
of a size that is small or average.
(E) 
LABOR
REPRESENTATIVE.—Of 
the 
members
appointed under this subsection, one shall be a representa-
tive of a labor organization who has been nominated by
a national labor federation and who shall be appointed
by the President.
(F) EX
OFFICIO
MEMBERS.—The Commission shall
include two nonvoting members, of which—
(i) one member shall be an officer or employee
of the Department of Labor, who shall be appointed
by the President; and
(ii) one member shall be an officer or employee
of the Department of Education, who shall be appointed
by the President.
(2) DATE.—The appointments of the members of the
Commission shall be made by the later of—
(A) October 31, 1998; or
(B) the date that is 45 days after the date of enactment
of this Act.
(c) PERIOD OF APPOINTMENT; VACANCIES.—Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall not affect its powers, but shall be filled in the
same manner as the original appointment.
(d) INITIAL MEETING.—No later than 30 days after the date
on which all members of the Commission have been appointed,
the Commission shall hold its first meeting.
(e) MEETINGS.—The Commission shall meet at the call of the
Chairperson.
(f ) QUORUM.—A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(g) CHAIRPERSON
AND VICE CHAIRPERSON.—The Commission
shall select by vote a chairperson and vice chairperson from among
its voting members.
SEC. 335. DUTIES OF THE COMMISSION.
(a) STUDY.—
H. R. 1385—155
(1) IN GENERAL.—The Commission shall conduct a thorough
study of all matters relating to the information technology
workforce in the United States.
(2) MATTERS
STUDIED.—The matters studied by the
Commission shall include an examination of—
(A) the skills necessary to enter the information tech-
nology workforce;
(B) ways to expand the number of skilled information
technology workers; and
(C) the relative efficacy of programs in the United
States and foreign countries to train information technology
workers, with special emphasis on programs that provide
for secondary education or postsecondary education in a
program other than a 4-year baccalaureate program
(including associate degree programs and graduate degree
programs).
(3) PUBLIC
HEARINGS.—As part of the study conducted
under this subsection, the Commission shall hold public hear-
ings in each region of the United States concerning the issues
referred to in subparagraphs (A) and (B) of paragraph (2).
(4) EXISTING INFORMATION.—To the extent practicable, in
carrying out the study under this subsection, the Commission
shall identify and use existing information related to the issues
referred to in subparagraphs (A) and (B) of paragraph (2).
(5) CONSULTATION
WITH
CHIEF
INFORMATION
OFFICERS
COUNCIL.—In carrying out the study under this subsection,
the Commission shall consult with the Chief Information Offi-
cers Council established under Executive Order No. 13011.
(b) REPORT.—Not later than 6 months after the first meeting
of the Commission, the Commission shall submit a report to the
President and the Congress that shall contain a detailed statement
of the findings and conclusions of the Commission resulting from
the study, together with its recommendations for such legislation
and administrative actions as the Commission considers to be appro-
priate.
(c) FACILITATION OF EXCHANGE OF INFORMATION.—In carrying
out the study under subsection (a), the Commission shall, to the
extent practicable, facilitate the exchange of information concerning
the issues that are the subject of the study among—
(1) officials of the Federal Government and the govern-
ments of States and political subdivisions of States; and
(2) educators from Federal, State, and local institutions
of higher education and secondary schools.
SEC. 336. POWERS OF THE COMMISSION.
(a) HEARINGS.—The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and receive
such evidence as the Commission considers advisable to carry out
the purposes of this subtitle.
(b) INFORMATION FROM FEDERAL AGENCIES.—The Commission
may secure directly from any Federal department or agency such
information as the Commission considers necessary to carry out
the provisions of this subtitle. Upon request of the Chairperson
of the Commission, the head of such department or agency shall
furnish such information to the Commission.
H. R. 1385—156
(c) POSTAL SERVICES.—The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(d) GIFTS.—The Commission may accept, use, and dispose of
gifts or donations of services or property.
SEC. 337. COMMISSION PERSONNEL MATTERS.
(a) COMPENSATION OF MEMBERS.—Except as provided in sub-
section (b), each member of the Commission who is not an officer
or employee of the Federal Government shall serve without com-
pensation. All members of the Commission who are officers or
employees of the United States shall serve without compensation
in addition to that received for their services as officers or employees
of the United States.
(b) TRAVEL EXPENSES.—The members of the Commission shall
be allowed travel expenses, including per diem in lieu of subsistence,
at rates authorized for employees of agencies under subchapter
I of chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance of
services for the Commission.
(c) STAFF.—
(1) IN GENERAL.—The Chairperson of the Commission may,
without regard to the civil service laws and regulations, appoint
and terminate an executive director and such other additional
personnel as may be necessary to enable the Commission to
perform its duties. The employment of an executive director
shall be subject to confirmation by the Commission.
(2) COMPENSATION.—The Chairperson of the Commission
may fix the compensation of the executive director and other
personnel without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States Code,
relating to classification of positions and General Schedule pay
rates, except that the rate of pay for the executive director
and other personnel may not exceed the rate payable for level
V of the Executive Schedule under section 5316 of such title.
(d) DETAIL OF GOVERNMENT EMPLOYEES.—Any Federal Govern-
ment employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege.
(e) PROCUREMENT
OF TEMPORARY
AND INTERMITTENT SERV-
ICES.—The Chairperson of the Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals that do not exceed the daily
equivalent of the annual rate of basic pay prescribed for level
V of the Executive Schedule under section 5316 of such title.
SEC. 338. TERMINATION OF THE COMMISSION.
The Commission shall terminate on the date that is 90 days
after the date on which the Commission submits its report under
section 335(b).
SEC. 339. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appropriated such
sums as may be necessary for fiscal year 1999 to the Commission
to carry out the purposes of this subtitle.
(b) AVAILABILITY.—Any sums appropriated under the authoriza-
tion contained in this section shall remain available, without fiscal
year limitation, until expended.
H. R. 1385—157
Subtitle D—Application of Civil Rights and
Labor-Management Laws to the Smithso-
nian Institution
SEC. 341. APPLICATION OF CIVIL RIGHTS AND LABOR-MANAGEMENT
LAWS TO THE SMITHSONIAN INSTITUTION.
(a) PROHIBITION ON EMPLOYMENT DISCRIMINATION ON BASIS
OF RACE, COLOR, RELIGION, SEX, AND NATIONAL ORIGIN.—Section
717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16(a))
is amended by inserting ‘‘in the Smithsonian Institution,’’ before
‘‘and in the Government Printing Office,’’.
(b) PROHIBITION ON EMPLOYMENT DISCRIMINATION ON BASIS
OF AGE.—Section 15(a) of the Age Discrimination in Employment
Act of 1967 (29 U.S.C. 633a(a)) is amended by inserting ‘‘in the
Smithsonian Institution,’’ before ‘‘and in the Government Printing
Office,’’.
(c) PROHIBITION
ON EMPLOYMENT DISCRIMINATION
ON BASIS
OF DISABILITY.—Section 501 of the Rehabilitation Act of 1973 (29
U.S.C. 791) is amended—
(1) in the fourth sentence of subsection (a), in paragraph
(1), by inserting ‘‘and the Smithsonian Institution’’ after
‘‘Government’’;
(2) in the first sentence of subsection (b)—
(A) by inserting ‘‘and the Smithsonian Institution’’ after
‘‘in the executive branch’’; and
(B) 
by 
striking 
‘‘such 
department, 
agency, 
or
instrumentality’’ and inserting ‘‘such department, agency,
instrumentality, or Institution’’; and
(3) in subsection (d), by inserting ‘‘and the Smithsonian
Institution’’ after ‘‘instrumentality’’.
(d) APPLICATION.—The amendments made by subsections (a),
(b), and (c) shall take effect on the date of enactment of this
Act and shall apply to and may be raised in any administrative
or judicial claim or action brought before such date of enactment
but pending on such date, and any administrative or judicial claim
or action brought after such date regardless of whether the claim
or action arose prior to such date, if the claim or action was
brought within the applicable statute of limitations.
(e) LABOR-MANAGEMENT LAWS.—Section 7103(a)(3) of title 5,
United States Code, is amended—
(1) by striking ‘‘and’’ after ‘‘Library of Congress,’’; and
(2) by inserting ‘‘and the Smithsonian Institution’’ after
‘‘Government Printing Office,’’.
TITLE IV—REHABILITATION ACT
AMENDMENTS OF 1998
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘Rehabilitation Act Amendments
of 1998’’.
SEC. 402. TITLE.
The title of the Rehabilitation Act of 1973 is amended by
striking ‘‘to establish special responsibilities’’ and all that follows
H. R. 1385—160
‘‘Sec. 713. Authorized uses of funds.
‘‘Sec. 714. Authorization of appropriations.
‘‘PART C—CENTERS FOR INDEPENDENT LIVING
‘‘Sec. 721. Program authorization.
‘‘Sec. 722. Grants to centers for independent living in States in which Federal fund-
ing exceeds State funding.
‘‘Sec. 723. Grants to centers for independent living in States in which State funding
equals or exceeds Federal funding.
‘‘Sec. 724. Centers operated by State agencies.
‘‘Sec. 725. Standards and assurances for centers for independent living.
‘‘Sec. 726. Definitions.
‘‘Sec. 727. Authorization of appropriations.
‘‘CHAPTER 2—INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE
BLIND
‘‘Sec. 751. Definition.
‘‘Sec. 752. Program of grants.
‘‘Sec. 753. Authorization of appropriations.
‘‘FINDINGS; PURPOSE; POLICY
‘‘SEC. 2. (a) FINDINGS.—Congress finds that—
‘‘(1) millions of Americans have one or more physical or
mental disabilities and the number of Americans with such
disabilities is increasing;
‘‘(2) individuals with disabilities constitute one of the most
disadvantaged groups in society;
‘‘(3) disability is a natural part of the human experience
and in no way diminishes the right of individuals to—
‘‘(A) live independently;
‘‘(B) enjoy self-determination;
‘‘(C) make choices;
‘‘(D) contribute to society;
‘‘(E) pursue meaningful careers; and
‘‘(F) enjoy full inclusion and integration in the eco-
nomic, political, social, cultural, and educational main-
stream of American society;
‘‘(4) increased employment of individuals with disabilities
can be achieved through implementation of statewide workforce
investment systems under title I of the Workforce Investment
Act of 1998 that provide meaningful and effective participation
for individuals with disabilities in workforce investment activi-
ties and activities carried out under the vocational rehabilita-
tion program established under title I, and through the provi-
sion of independent living services, support services, and mean-
ingful opportunities for employment in integrated work settings
through the provision of reasonable accommodations;
‘‘(5) individuals with disabilities continually encounter var-
ious forms of discrimination in such critical areas as employ-
ment, housing, public accommodations, education, transpor-
tation, communication, recreation, institutionalization, health
services, voting, and public services; and
‘‘(6) the goals of the Nation properly include the goal of
providing individuals with disabilities with the tools necessary
to—
‘‘(A) make informed choices and decisions; and
‘‘(B) achieve equality of opportunity, full inclusion and
integration in society, employment, independent living, and
economic and social self-sufficiency, for such individuals.
‘‘(b) PURPOSE.—The purposes of this Act are—
H. R. 1385—161
‘‘(1) to empower individuals with disabilities to maximize
employment, economic self-sufficiency, independence, and inclu-
sion and integration into society, through—
‘‘(A) statewide workforce investment systems imple-
mented in accordance with title I of the Workforce Invest-
ment Act of 1998 that include, as integral components,
comprehensive and coordinated state-of-the-art programs
of vocational rehabilitation;
‘‘(B) independent living centers and services;
‘‘(C) research;
‘‘(D) training;
‘‘(E) demonstration projects; and
‘‘(F) the guarantee of equal opportunity; and
‘‘(2) to ensure that the Federal Government plays a leader-
ship role in promoting the employment of individuals with
disabilities, especially individuals with significant disabilities,
and in assisting States and providers of services in fulfilling
the aspirations of such individuals with disabilities for mean-
ingful and gainful employment and independent living.
‘‘(c) POLICY.—It is the policy of the United States that all
programs, projects, and activities receiving assistance under this
Act shall be carried out in a manner consistent with the principles
of—
‘‘(1) respect for individual dignity, personal responsibility,
self-determination, and pursuit of meaningful careers, based
on informed choice, of individuals with disabilities;
‘‘(2) respect for the privacy, rights, and equal access (includ-
ing the use of accessible formats), of the individuals;
‘‘(3) inclusion, integration, and full participation of the
individuals;
‘‘(4) support for the involvement of an individual’s rep-
resentative if an individual with a disability requests, desires,
or needs such support; and
‘‘(5) support for individual and systemic advocacy and
community involvement.
‘‘REHABILITATION SERVICES ADMINISTRATION
‘‘SEC. 3. (a) There is established in the Office of the Secretary
a Rehabilitation Services Administration which shall be headed
by a Commissioner (hereinafter in this Act referred to as the
‘Commissioner’) appointed by the President by and with the advice
and consent of the Senate. Except for titles IV and V and as
otherwise specifically provided in this Act, such Administration
shall be the principal agency, and the Commissioner shall be the
principal officer, of such Department for carrying out this Act.
The Commissioner shall be an individual with substantial experi-
ence in rehabilitation and in rehabilitation program management.
In the performance of the functions of the office, the Commissioner
shall be directly responsible to the Secretary or to the Under Sec-
retary or an appropriate Assistant Secretary of such Department,
as designated by the Secretary. The functions of the Commissioner
shall not be delegated to any officer not directly responsible, both
with respect to program operation and administration, to the
Commissioner. Any reference in this Act to duties to be carried
out by the Commissioner shall be considered to be a reference
to duties to be carried out by the Secretary acting through the
Commissioner. In carrying out any of the functions of the office
H. R. 1385—162
under this Act, the Commissioner shall be guided by general policies
of the National Council on Disability established under title IV
of this Act.
‘‘(b) The Secretary shall take whatever action is necessary
to ensure that funds appropriated pursuant to this Act are expended
only for the programs, personnel, and administration of programs
carried out under this Act.
‘‘ADVANCE FUNDING
‘‘SEC. 4. (a) For the purpose of affording adequate notice of
funding available under this Act, appropriations under this Act
are authorized to be included in the appropriation Act for the
fiscal year preceding the fiscal year for which they are available
for obligation.
‘‘(b) In order to effect a transition to the advance funding
method of timing appropriation action, the authority provided by
subsection (a) of this section shall apply notwithstanding that its
initial application will result in the enactment in the same year
(whether in the same appropriation Act or otherwise) of two sepa-
rate appropriations, one for the then current fiscal year and one
for the succeeding fiscal year.
‘‘JOINT FUNDING
‘‘SEC. 5. Pursuant to regulations prescribed by the President,
and to the extent consistent with the other provisions of this Act,
where funds are provided for a single project by more than one
Federal agency to an agency or organization assisted under this
Act, the Federal agency principally involved may be designated
to act for all in administering the funds provided, and, in such
cases, a single non-Federal share requirement may be established
according to the proportion of funds advanced by each agency.
When the principal agency involved is the Rehabilitation Services
Administration, it may waive any grant or contract requirement
(as defined by such regulations) under or pursuant to any law
other than this Act, which requirement is inconsistent with the
similar requirements of the administering agency under or pursuant
to this Act.
‘‘DEFINITIONS
‘‘SEC. 6. For the purposes of this Act:
‘‘(1) The term ‘administrative costs’ means expenditures
incurred in the performance of administrative functions under
the vocational rehabilitation program carried out under title
I, including expenses related to program planning, development,
monitoring, and evaluation, including expenses for—
‘‘(A) quality assurance;
‘‘(B) budgeting, accounting, financial management,
information systems, and related data processing;
‘‘(C) providing information about the program to the
public;
‘‘(D) technical assistance and support services to other
State agencies, private nonprofit organizations, and
businesses and industries, except for technical assistance
and support services described in section 103(b)(5);
H. R. 1385—163
‘‘(E) the State Rehabilitation Council and other
advisory committees;
‘‘(F) professional organization membership dues for
designated State unit employees;
‘‘(G) the removal of architectural barriers in State voca-
tional rehabilitation agency offices and State operated
rehabilitation facilities;
‘‘(H) operating and maintaining designated State unit
facilities, equipment, and grounds;
‘‘(I) supplies;
‘‘(J) administration of the comprehensive system of
personnel development described in section 101(a)(7),
including personnel administration, administration of
affirmative action plans, and training and staff develop-
ment;
‘‘(K) administrative salaries, including clerical and
other support staff salaries, in support of these administra-
tive functions;
‘‘(L) travel costs related to carrying out the program,
other than travel costs related to the provision of services;
‘‘(M) costs incurred in conducting reviews of rehabilita-
tion counselor or coordinator determinations under section
102(c); and
‘‘(N) legal expenses required in the administration of
the program.
‘‘(2) ASSESSMENT FOR DETERMINING ELIGIBILITY AND VOCA-
TIONAL
REHABILITATION
NEEDS.—The term ‘assessment for
determining eligibility and vocational rehabilitation needs’
means, as appropriate in each case—
‘‘(A)(i) a review of existing data—
‘‘(I) to determine whether an individual is eligible
for vocational rehabilitation services; and
‘‘(II) to assign priority for an order of selection
described in section 101(a)(5)(A) in the States that
use an order of selection pursuant to section
101(a)(5)(A); and
‘‘(ii) to the extent necessary, the provision of appro-
priate assessment activities to obtain necessary additional
data to make such determination and assignment;
‘‘(B) to the extent additional data is necessary to make
a determination of the employment outcomes, and the
objectives, nature, and scope of vocational rehabilitation
services, to be included in the individualized plan for
employment of an eligible individual, a comprehensive
assessment to determine the unique strengths, resources,
priorities, concerns, abilities, capabilities, interests, and
informed choice, including the need for supported employ-
ment, of the eligible individual, which comprehensive
assessment—
‘‘(i) is limited to information that is necessary to
identify the rehabilitation needs of the individual and
to develop the individualized plan for employment of
the eligible individual;
‘‘(ii) uses, as a primary source of such information,
to the maximum extent possible and appropriate and
in accordance with confidentiality requirements—