In the Senate of the United States,
June 29, 2006.
Resolved, That the bill from the House of Representa-
tives (H.R. 27) entitled ‘‘An Act to enhance the workforce in-
vestment system of the Nation by strengthening one-stop ca-
reer centers, providing for more effective governance arrange-
ments, promoting access to a more comprehensive array of
employment, training, and related services, establishing a tar-
geted approach to serving youth, and improving performance
accountability, and for other purposes.’’, do pass with the fol-
lowing
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Workforce Investment
Act Amendments of 2005’’.
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SEC. 2. TABLE OF CONTENTS.
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.
Subtitle F—Incentive Grants
Sec. 161. Incentive grants.
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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. Home schools.
Sec. 204. Authorization of appropriations.
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 individ-
uals.
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. 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.
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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.
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 fund-
ing 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 author-
ization of appropriations.
Subtitle H—Miscellaneous
Sec. 495. Helen Keller National Center Act.
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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 reference shall be considered to be made to a section or
other provision of the Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.).
TITLE 
I—AMENDMENTS 
TO
TITLE I OF THE WORKFORCE
INVESTMENT ACT OF 1998
Subtitle A—Definitions
SEC. 101. DEFINITIONS.
Section 101 (29 U.S.C. 2801) is amended—
(1) by redesignating paragraphs (1) through (4),
(5) through (16), (17), (18) through (41), and (42)
through (53) as paragraphs (2) through (5), (7)
through (18), (20), (23) through (46), and (48)
through (59), respectively;
(2) by inserting before paragraph (2) (as redesig-
nated by paragraph (1)) the following:
‘‘(1) ACCRUED EXPENDITURES.—The term ‘ac-
crued expenditures’ means charges incurred by recipi-
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ents of funds under this title for a given period re-
quiring the provision of funds for—
‘‘(A) goods or other tangible property re-
ceived;
‘‘(B) services performed by employees, con-
tractors, subgrantees, subcontractors, and other
payees; and
‘‘(C) other amounts becoming owed under
programs assisted under this title for which no
current services or performance is required, such
as annuities, insurance claims, and other benefit
payments.’’;
(3) in paragraph (2) (as redesignated by para-
graph (1)), by striking ‘‘Except in sections 127 and
132,’’ and inserting ‘‘Except in section 132,’’;
(4) by striking paragraph (5) (as redesignated
by paragraph (1)) and inserting the following:
‘‘(5) BASIC SKILLS DEFICIENT.—The term ‘basic
skills deficient’ means, with respect to an individual,
that the individual—
‘‘(A) has English reading, writing, or com-
puting skills at or below the 8th grade level on
a generally accepted standardized test or a com-
parable score on a criterion-referenced test; or
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‘‘(B) is unable to compute or solve problems,
read, write, or speak English at a level necessary
to function on the job, in the individual’s family,
or in society.’’;
(5) by inserting after paragraph (5) (as redesig-
nated by paragraph (1)) the following:
‘‘(6) BUSINESS INTERMEDIARY.—The term ‘busi-
ness intermediary’ means an entity that brings to-
gether various stakeholders with an expertise in an
industry or business sector.’’;
(6) in paragraph (9) (as redesignated by para-
graph (1)), by inserting ‘‘, including a faith-based or-
ganization,’’ after ‘‘nonprofit organization’’;
(7) in paragraph (10) (as redesignated by para-
graph (1)), in subparagraph (C), by striking ‘‘for not
less than 50 percent of the cost of the training.’’ and
inserting ‘‘for—
‘‘(i) a significant portion of the cost of
training as determined by the local board,
taking into account the size of the employer
and such other factors as the local board de-
termines to be appropriate; and
‘‘(ii) in the case of customized training
(as defined in subparagraphs (A) and (B))
with an employer in multiple local areas in
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the State, a significant portion of the cost
of the training, as determined by the Gov-
ernor, taking into account the size of the
employer and such other factors as the Gov-
ernor determines to be appropriate.’’;
(8) in paragraph (11) (as redesignated by para-
graph (1))—
(A) in subparagraph (A)(ii)(II), by striking
‘‘section 134(c)’’ and inserting ‘‘section 121(e)’’;
(B) in subparagraph (C), by striking ‘‘or’’
after the semicolon;
(C) in subparagraph (D), by striking the
period and inserting ‘‘; or’’; and
(D) by adding at the end the following:
‘‘(E)(i) is the spouse of a member of the
Armed Forces on active duty for a period of
more than 30 days (as defined in section
101(d)(2) of title 10, United States Code) who
has experienced a loss of employment as a direct
result of relocation to accommodate a permanent
change in duty station of such member; or
‘‘(ii) is the spouse of a member of the
Armed Forces on active duty who meets the cri-
teria described in paragraph (12)(B).’’;
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(9) in paragraph (12)(A) (as redesignated by
paragraph (1))—
(A) by striking ‘‘and’’ after the semicolon
and inserting ‘‘or’’;
(B) by striking ‘‘(A)’’ and inserting
‘‘(A)(i)’’; and
(C) by adding at the end the following:
‘‘(ii) is the dependent spouse of a member of
the Armed Forces on active duty for a period of
more than 30 days (as defined in section
101(d)(2) of title 10, United States Code) whose
family income is significantly reduced because of
a deployment (as defined in section 991(b) of
title 10, United States Code, or pursuant to
paragraph (4) of such section), a call or order to
active duty pursuant to a provision of law re-
ferred to in section 101(a)(13)(B) of title 10,
United States Code, a permanent change of sta-
tion, or the service-connected (as defined in sec-
tion 101(16) of title 38, United States Code)
death or disability of the member; and’’;
(10) in paragraph (14)(A) (as redesignated by
paragraph (1)), by striking ‘‘section 122(e)(3)’’ and
inserting ‘‘section 122’’;
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(11) by inserting after paragraph (18) (as redes-
ignated by paragraph (1)) the following:
‘‘(19) HARD-TO-SERVE POPULATIONS.—The term
‘hard-to-serve populations’ means populations of indi-
viduals who are hard to serve, including displaced
homemakers, low-income individuals, Native Ameri-
cans, individuals with disabilities, older individuals,
ex-offenders, homeless individuals, individuals with
limited English proficiency, individuals who do not
meet the definition of literacy in section 203, individ-
uals facing substantial cultural barriers, migrant and
seasonal farmworkers, individuals within 2 years of
exhausting lifetime eligibility under part A of title IV
of the Social Security Act (42 U.S.C. 601 et seq.), sin-
gle parents (including single pregnant women), and
such other groups as the Governor determines to be
hard to serve.’’;
(12) by inserting after paragraph (20) (as redes-
ignated by paragraph (1)) the following:
‘‘(21) INTEGRATED
TRAINING
PROGRAM.—The
term ‘integrated training program’ means a program
that combines occupational skills training with
English language acquisition.
‘‘(22) INSTITUTION
OF
HIGHER
EDUCATION.—
The term ‘institution of higher education’ has the
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meaning given the term in section 101(a), and sub-
paragraphs (A) and (B) of section 102(a)(1), of the
Higher Education Act of 1965 (20 U.S.C. 1001(a),
1002(a)(1)).’’;
(13) in paragraph (30) (as redesignated by
paragraph (1))—
(A) by redesignating subparagraphs (D)
through (F) as subparagraphs (E) through (G),
respectively; and
(B) by inserting after subparagraph (C) the
following:
‘‘(D) receives or is eligible to receive a free
or reduced price lunch under the Richard B.
Russell National School Lunch Act (42 U.S.C.
1751 et seq.);’’;
(14) in paragraph (31) (as redesignated by
paragraph (1)), by inserting after ‘‘fields of work’’ the
following: ‘‘, including occupations in computer
science and technology and other emerging high-skill
occupations,’’;
(15) in paragraph (35) (as redesignated by
paragraph (1)), by inserting ‘‘, subject to section
121(b)(1)(C)’’ after ‘‘121(b)(1)’’;
(16) by striking paragraph (38) (as redesignated
by paragraph (1)) and inserting the following:
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‘‘(38) OUT-OF-SCHOOL YOUTH.—The term ‘out-
of-school youth’ means an out-of-school youth as de-
fined in section 129(a)(1)(B).’’;
(17) by inserting after paragraph (46) (as redes-
ignated by paragraph (1)) the following:
‘‘(47) SELF-SUFFICIENCY.—The term ‘self-suffi-
ciency’ means self-sufficiency within the meaning of
subsections (a)(3)(A)(x) and (e)(1)(A)(xii) of section
134.’’;
(18) in paragraph (49) (as redesignated by
paragraph (1)), by striking ‘‘clause (iii) or (v) of sec-
tion 
136(b)(3)(A)’’ 
and 
inserting 
‘‘section
136(b)(3)(A)(iii)’’;
(19) in paragraph (58) (as redesignated by
paragraph (1)), by striking ‘‘(or as described in sec-
tion 129(c)(5))’’ and inserting ‘‘(or as described in
section 129(a)(2))’’; and
(20) in paragraph (59) (as redesignated by
paragraph (1)), by striking ‘‘established under section
117(h)’’ and inserting ‘‘that may be established under
section 117(h)(2)’’.
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Subtitle B—Statewide and Local
Workforce Investment Systems
SEC. 111. PURPOSE.
Section 106 (29 U.S.C. 2811) is amended to read as
follows:
‘‘SEC. 106. PURPOSES.
‘‘The purposes of this subtitle are the following:
‘‘(1)(A) Primarily, to provide workforce invest-
ment activities, through statewide and local workforce
investment systems, that increase the employment, re-
tention, self-sufficiency, and earnings of participants,
and increase occupational skill attainment by partici-
pants.
‘‘(B) As a result of the provision of the activities,
to improve the quality of the workforce, reduce welfare
dependency, increase self-sufficiency, and enhance the
productivity and competitiveness of the Nation.
‘‘(2) To enhance the workforce investment system
of the Nation by strengthening one-stop centers, pro-
viding for more effective governance arrangements,
promoting access to a more comprehensive array of
employment and training and related services, estab-
lishing a targeted approach to serving youth, improv-
ing performance accountability, and promoting State
and local flexibility.
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‘‘(3) To provide workforce investment activities
in a manner that promotes the informed choice of
participants and actively involves participants in de-
cisions affecting their participation in such activities.
‘‘(4) To provide workforce investment systems
that are demand-driven and responsive to the needs
of all employers, including small employers.
‘‘(5) To provide workforce investment systems
that work in all areas of the Nation, including urban
and rural areas.
‘‘(6) To allow flexibility to meet State, local, re-
gional, and individual workforce investment needs.
‘‘(7) To recognize and reinforce the vital link be-
tween economic development and workforce invest-
ment activities.
‘‘(8) To provide for accurate data collection, re-
porting, and performance measures that are not un-
duly burdensome.
‘‘(9) To address the ongoing shortage of essential
skills in the United States workforce related to both
manufacturing and knowledge-based economies to en-
sure that the United States remains competitive in
the global economy.
‘‘(10) To equip workers with higher skills and
contribute to lifelong education.
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‘‘(11) To eliminate training disincentives for
hard-to-serve populations and minority workers, in-
cluding effectively utilizing community programs,
services, and agencies.
‘‘(12) To educate limited English proficient indi-
viduals about skills and language so the individuals
are employable.
‘‘(13) To increase the employment, retention and
earnings of individuals with disabilities.’’.
SEC. 112. STATE WORKFORCE INVESTMENT BOARDS.
(a) MEMBERSHIP.—
(1) IN
GENERAL.—Section 111(b) (29 U.S.C.
2821(b)) is amended—
(A) in paragraph (1), by striking subpara-
graph (C) and inserting the following:
‘‘(C) representatives appointed by the Gov-
ernor, who—
‘‘(i) are 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, except
that—
‘‘(I) in any case in which no lead
State agency official has responsibility
for such a program or activity, the
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representative shall be a representative
in the State with expertise relating to
such program or activity; and
‘‘(II) in the case of the programs
authorized under title I of the Reha-
bilitation Act of 1973 (29 U.S.C. 720
et seq.), the representative shall be the
director of the designated State unit,
as defined in section 7 of the Rehabili-
tation Act of 1973 (29 U.S.C. 705);
‘‘(ii) are the State agency officials re-
sponsible for economic development;
‘‘(iii) are representatives of business in
the State, including small businesses, who—
‘‘(I) are owners of businesses, chief
executive or operating officers of busi-
nesses, or other business executives or
employers with optimum policymaking
or hiring authority;
‘‘(II) represent businesses with
employment opportunities that reflect
employment opportunities in the State;
and
‘‘(III) are appointed from among
individuals nominated by State busi-