217
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 workforce and labor
market information system described in subsection
(a) shall be planned, administered, overseen, and
evaluated through a cooperative governance struc-
ture 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 De-
partment of Labor for elements of the work-
force and labor market information system de-
scribed in subsection (a) to ensure that all sta-
tistical and administrative data collected is con-
sistent with appropriate Bureau of Labor Sta-
tistics standards and definitions.
‘‘(B) Actively seek the cooperation of other
Federal agencies to establish and maintain
mechanisms for ensuring complementarity and
218
nonduplication in the development and oper-
ation of statistical and administrative data col-
lection 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 Statistics and States, develop and main-
tain the elements of the workforce and labor
market information system described in sub-
section (a), including the development of con-
sistent procedures and definitions for use by the
States in collecting the data and information
described in subparagraphs (A) and (B) of sub-
section (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 in-
volved in the development and continuous
improvement of the system at all levels, in-
cluding ensuring the provision, to such
219
States and localities, of budget information
necessary for carrying out their respon-
sibilities under subsection (e).
‘‘(c) NATIONAL ELECTRONIC TOOLS
TO PROVIDE
SERVICES.—The Secretary is authorized to assist in the
development of national electronic tools that may be used
to facilitate the delivery of core services described in sec-
tion 134 and to provide workforce information to individ-
uals through the one-stop delivery systems described in
section 121 and through other appropriate delivery sys-
tems.
‘‘(d) COORDINATION WITH THE STATES.—
‘‘(1) IN
GENERAL.—The Secretary, working
through the Bureau of Labor Statistics and the Em-
ployment and Training Administration, shall regu-
larly consult with representatives of State agencies
carrying out workforce information activities regard-
ing strategies for improving the workforce and labor
market information system.
‘‘(2) FORMAL CONSULTATIONS.—At least twice
each year, the Secretary, working through the Bu-
reau of Labor Statistics, shall conduct formal con-
sultations regarding programs carried out by the
Bureau of Labor Statistics with representatives of
each of the 10 Federal regions of the Department of
220
Labor, elected from the State directors affiliated
with State agencies that perform the duties de-
scribed in subsection (e)(2).
‘‘(e) STATE RESPONSIBILITIES.—
‘‘(1) IN GENERAL.—In order to receive Federal
financial assistance under this section, the Governor
of a State shall—
‘‘(A) be responsible for the management of
the portions of the workforce and labor market
information system described in subsection (a)
that comprise a statewide workforce and labor
market information system and for the State’s
participation in the development of the annual
plan;
‘‘(B) establish a process for the oversight
of such system;
‘‘(C) consult with State and local employ-
ers, participants, and local workforce invest-
ment boards about the labor market relevance
of the data to be collected and disseminated
through the statewide workforce and labor mar-
ket information system;
‘‘(D) consult with State educational agen-
cies and local educational agencies concerning
the provision of employment statistics in order
221
to meet the needs of secondary school and post-
secondary school students who seek such infor-
mation;
‘‘(E) collect and disseminate for the sys-
tem, on behalf of the State and localities in the
State, the information and data described in
subparagraphs (A) and (B) of subsection
(a)(1);
‘‘(F) maintain and continuously improve
the statewide workforce and labor market infor-
mation system in accordance with this section;
‘‘(G) perform contract and grant respon-
sibilities for data collection, analysis, and dis-
semination for such system;
‘‘(H) conduct such other data collection,
analysis, and dissemination activities as will en-
sure an effective statewide workforce and labor
market information system;
‘‘(I) actively seek the participation of other
State and local agencies in data collection, anal-
ysis, and dissemination activities in order to en-
sure complementarity, compatibility, and useful-
ness of data;
‘‘(J) participate in the development of the
annual plan described in subsection (c); and
222
‘‘(K) utilize the quarterly records described
in section 136(f)(2) of the Workforce Invest-
ment Act of 1998 to assist the State and other
States in measuring State progress on State
performance measures.
‘‘(2) RULE
OF
CONSTRUCTION.—Nothing in
this section shall be construed as limiting the ability
of a Governor 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 sec-
tion shall duplicate the functions and activities carried out
under the Carl D. Perkins Vocational and Applied Tech-
nology 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
2006 through 2011.
‘‘(h) DEFINITION.—In this section, the term ‘local
area’ means the smallest geographical area for which data
can be produced with statistical reliability.’’.
223
TITLE IV—AMENDMENTS TO THE
REHABILITATION ACT OF 1973
SEC. 401. FINDINGS.
Section 2(a) of the Rehabilitation Act of 1973 (29
U.S.C. 701(a)) is amended—
(1) in paragraph (5), by striking ‘‘and’’ at the
end;
(2) in paragraph (6), by striking the period and
inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(7) there is a substantial need to improve and
expand services for students with disabilities under
this Act.’’.
SEC. 402. REHABILITATION SERVICES ADMINISTRATION.
Section 3(a) of the Rehabilitation Act of 1973 (29
U.S.C. 702(a)) is amended—
(1) by striking ‘‘Office of the Secretary’’ and
inserting ‘‘Department of Education’’;
(2) by striking ‘‘President by and with the ad-
vice and consent of the Senate’’ and inserting ‘‘Sec-
retary, except that the Commissioner appointed
under the authority existing on the day prior to the
date of enactment of the Job Training Improvement
Act of 2005 may continue to serve in the former ca-
pacity’’; and
224
(3) by striking ‘‘, and the Commissioner shall
be the principal officer,’’.
SEC. 403. DIRECTOR.
(a) IN GENERAL.—The Rehabilitation Act of 1973
(29 U.S.C. 701 et seq.) is amended—
(1) by striking ‘‘Commissioner’’ each place it
appears, except in sections 3(a) (as amended by sec-
tion 402) and 21, and inserting ‘‘Director’’;
(2) 
in 
section 
100(d)(2)(B), 
by 
striking
‘‘COMMISIONER’’ and inserting ‘‘DIRECTOR’’;
(3) 
in 
section 
706, 
by 
striking
‘‘COMMISIONER’’ and inserting ‘‘DIRECTOR’’; and
(4) 
in 
section 
723(a)(3), 
by 
striking
‘‘COMMISIONER’’ and inserting ‘‘DIRECTOR’’.
(b) EXCEPTION.—Section 21 of the Rehabilitation
Act of 1973 (29 U.S.C. 718) is amended—
(1) in subsection (b)(1)—
(A) by striking ‘‘Commissioner’’ the first
place it appears and inserting ‘‘Director of the
Rehabilitation Services Administration’’; and
(B) by striking ‘‘(referred to in this sub-
section as the ‘Director’)’’; and
(2) by striking ‘‘Commissioner and the Direc-
tor’’ each place it appears and inserting ‘‘both such
Directors’’.
225
SEC. 404. DEFINITIONS.
Section 7 of the Rehabilitation Act of 1973 (29
U.S.C. 705) is amended—
(1) by redesignating paragraphs (35) through
(39) as paragraphs (36), (37), (38), (40), and (41),
respectively;
(2) in subparagraph (A)(ii) of paragraph (36)
(as redesignated in paragraph (1)), by striking
‘‘paragraph (36)(C)’’ and inserting ‘‘paragraph
(37)(C)’’;
(3) by inserting after paragraph (34) the fol-
lowing:
‘‘(35)(A) The term ‘student with a disability’
means an individual with a disability who—
‘‘(i) is not younger than 16 and not older
than 21;
‘‘(ii) has been determined to be eligible
under section 102(a) for assistance under this
title; and
‘‘(iii)(I) is eligible for, and is receiving,
special education under part B of the Individ-
uals with Disabilities Education Act (20 U.S.C.
1411 et seq.); or
‘‘(II) is an individual with a disability, for
purposes of section 504.
226
‘‘(B) The term ‘students with disabilities’
means more than 1 student with a disability.’’; and
(4) by inserting after paragraph (38) (as redes-
ignated by paragraph (1)) the following:
‘‘(39) The term ‘transition services expansion
year’ means—
‘‘(A) the first fiscal year for which the
amount appropriated under section 100(b) ex-
ceeds the amount appropriated under section
100(b) for fiscal year 2004 by not less than
$100,000,000; and
‘‘(B) each fiscal year subsequent to that
first fiscal year.’’.
SEC. 405. STATE PLAN.
(a) COORDINATION WITH EDUCATION OFFICIALS
AND
ASSISTIVE
TECHNOLOGY
PROGRAMS.—Section
101(a)(11) of the Rehabilitation Act of 1973 (29 U.S.C.
721(a)(11)) is amended—
(1) in subparagraph (D)(i) by inserting ‘‘,
which may be provided using alternative means of
meeting participation (such as video conferences and
conference calls)’’ before the semicolon; and
(2) by adding at the end the following:
‘‘(G) 
COORDINATION
WITH
ASSISTIVE
TECHNOLOGY PROGRAMS.—The State plan shall
227
include an assurance that the designated State
unit and the lead agency responsible for car-
rying out duties under the Assistive Technology
Act of 1998 (29 U.S.C. 3001), as amended,
have developed working relationships and co-
ordinate their activities.’’.
(b) 
ASSESSMENT
AND
STRATEGIES.—Section
101(a)(15) of the Rehabilitation Act of 1973 (29 U.S.C.
721(a)(15)) is amended—
(1) in subparagraph (A)
(A) in clause (i)—
(i) in subclause (II), by striking
‘‘and’’ at the end;
(ii) in subclause (III), by adding
‘‘and’’ at the end; and
(iii) by adding at the end the fol-
lowing:
‘‘(IV) in a transition services ex-
pansion year, students with disabil-
ities, including their need for transi-
tion services;’’; and
(B) by redesignating clauses (ii) and (iii)
as clauses (iii) and (iv), respectively, and insert-
ing after clause (i) the following:
228
‘‘(ii) include an assessment of the
transition services provided under this Act,
and coordinated with transition services
under the Individuals with Disabilities
Education Act, as to those services meet-
ing the needs of individuals with disabil-
ities;’’; and
(2) in subparagraph (D)—
(A) by redesignating clauses (iii), (iv), and
(v) as clauses (iv), (v), and (vi), respectively;
and
(B) by inserting after clause (ii) the fol-
lowing:
‘‘(iii) in a transition services expan-
sion year, the methods to be used to im-
prove and expand vocational rehabilitation
services for students with disabilities, in-
cluding the coordination of services de-
signed to facilitate the transition of such
students from the receipt of educational
services in school to the receipt of voca-
tional rehabilitation services under this
title or to postsecondary education or em-
ployment;’’.
229
(c) SERVICES FOR STUDENTS WITH DISABILITIES.—
Section 101(a) of the Rehabilitation Act of 1973 (29
U.S.C. 721(a)) is further amended by adding at the end
the following:
‘‘(25) SERVICES FOR STUDENTS WITH DISABIL-
ITIES.—The State plan for a transition services ex-
pansion year shall provide an assurance satisfactory
to the Secretary that the State—
‘‘(A) has developed and implemented strat-
egies to address the needs identified in the as-
sessment described in paragraph (15), and
achieve the goals and priorities identified by the
State, to improve and expand vocational reha-
bilitation services for students with disabilities
on a statewide basis in accordance with para-
graph (15); and
‘‘(B) from funds reserved under section
110A, shall carry out programs or activities de-
signed to improve and expand vocational reha-
bilitation services for students with disabilities
that—
‘‘(i) facilitate the transition of the stu-
dents with disabilities from the receipt of
educational services in school, to the re-
ceipt of vocational rehabilitation services
230
under this title, including, at a minimum,
those services specified in the interagency
agreement required in paragraph (11)(D);
‘‘(ii) improve the achievement of post-
school goals of students with disabilities,
including 
improving 
the 
achievement
through participation (as appropriate when
vocational goals are discussed) in meetings
regarding individualized education pro-
grams developed under section 614 of the
Individuals with Disabilities Education Act
(20 U.S.C. 1414);
‘‘(iii) provide vocational guidance, ca-
reer exploration services, and job search
skills and strategies and technical assist-
ance to students with disabilities;
‘‘(iv) support the provision of training
and technical assistance to State and local
educational agency and designated State
agency personnel responsible for the plan-
ning and provision of services to students
with disabilities; and
‘‘(v) support outreach activities to stu-
dents with disabilities who are eligible for,
and need, services under this title.’’.
231
SEC. 406. SCOPE OF SERVICES.
Section 103 of the Rehabilitation Act of 1973 (29
U.S.C. 723) is amended—
(1) in subsection (a), by striking paragraph
(15) and inserting the following:
‘‘(15) transition services for students with dis-
abilities, that facilitate the achievement of the em-
ployment outcome identified in the individualized
plan for employment, including, in a transition serv-
ices expansion year, services described in clauses (i)
through (iii) of section 101(a)(25)(B);’’;
(2) in subsection (b), by striking paragraph (6)
and inserting the following:
‘‘(6)(A)(i) Consultation and technical assistance
services to assist State and local educational agen-
cies in planning for the transition of students with
disabilities from school to post-school activities, in-
cluding employment.
‘‘(ii) In a transition services expansion year,
training and technical assistance described in section
101(a)(25)(B)(iv).
‘‘(B) In a transition services expansion year,
services for groups of individuals with disabilities
who meet the requirements of clauses (i) and (iii) of
section 7(35)(A), including services described in
clauses 
(i), 
(ii), 
(iii), 
and 
(v) 
of 
section
232
101(a)(25)(B), to assist in the transition from
school to post-school activities.’’; and
(3) in subsection (b) by inserting at the end,
the following:
‘‘(7) The establishment, development, or im-
provement of assistive technology demonstration,
loan, reutilization, or financing programs in coordi-
nation with activities authorized under the Assistive
Technology Act of 1998 (29. U.S.C. 3001), as
amended, to promote access to assistive technology
for individuals with disabilities and employers.’’.
SEC. 407. STANDARDS AND INDICATORS.
Section 106(a) of the Rehabilitation Act of 1973 (29
U.S.C. 726(a)) is amended by striking paragraph (1)(C)
and all that follows through paragraph (2) and inserting
the following:
‘‘(2) MEASURES.—The standards and indica-
tors shall include outcome and related measures of
program performance that—
‘‘(A) facilitate the accomplishment of the
purpose and policy of this title;
‘‘(B) to the maximum extent practicable,
are consistent with the core indicators of per-
formance, and corresponding State adjusted lev-
els of performance, established under section
233
136(b) of the Workforce Investment Act of
1998 (29 U.S.C. 2871(b)); and
‘‘(C) include measures of the program’s
performance with respect to the transition to
post-school vocational activities, and achieve-
ment of the post-school vocational goals, of stu-
dents with disabilities served under the pro-
gram.’’.
SEC. 408. RESERVATION FOR EXPANDED TRANSITION
SERVICES.
The Rehabilitation Act of 1973 is amended by insert-
ing after section 110 (29 U.S.C. 730) the following:
‘‘SEC. 110A. RESERVATION FOR EXPANDED TRANSITION
SERVICES.
‘‘(a) RESERVATION.—From the State allotment
under section 110 in a transition services expansion year,
each State shall reserve an amount calculated by the Di-
rector under subsection (b) to carry out programs and ac-
tivities under sections 101(a)(25)(B) and 103(b)(6).
‘‘(b) CALCULATION.—The Director shall calculate the
amount to be reserved for such programs and activities
for a fiscal year by each State by multiplying $50,000,000
by the percentage determined by dividing—
‘‘(1) the amount allotted to that State under
section 110 for the prior fiscal year, by
234
‘‘(2) the total amount allotted to all States
under section 110 for that prior fiscal year.’’.
SEC. 409. CLIENT ASSISTANCE PROGRAM.
Section 112(e)(1) of the Rehabilitation Act of 1973
(29 U.S.C. 732(e)(1)) is amended by redesignating sub-
paragraph (D) as subparagraph (E) and inserting after
subparagraph (C) the following:
‘‘(D) The Secretary shall make grants to the protec-
tion and advocacy system serving the American Indian
Consortium to provide services in accordance with this sec-
tion. The amount of such grants shall be the same as pro-
vided to territories under this subsection. ’’.
SEC. 410. PROTECTION AND ADVOCACY OF INDIVIDUAL
RIGHTS.
Section 509(g)(2) of the Rehabilitation Act of 1973
(29 U.S.C. 794e(g)(2)) is amended by striking ‘‘was paid’’
and inserting ‘‘was paid, except that program income gen-
erated from such amount shall remain available to such
system for one additional fiscal year’’.
SEC. 411. CHAIRPERSON.
Section 705(b)(5) of the Rehabilitation Act of 1973
(29 U.S.C. 796d(b)(5)) is amended to read as follows:
‘‘(5) CHAIRPERSON.—The Council shall select a
chairperson from among the voting membership of
the Council.’’.
235
SEC. 412. AUTHORIZATIONS OF APPROPRIATIONS.
The Rehabilitation Act of 1973 is further amended—
(1) in section 100(b)(1) by striking ‘‘fiscal
years 1999 through 2003’’ and inserting ‘‘fiscal
years 2006 through 2011’’;
(2) in section 100(d)(1)(B) by striking ‘‘fiscal
year 2003’’ and inserting ‘‘fiscal year 2011’’;
(3) in section 110(c) by amending paragraph
(2) to read as follows:
‘‘(2) The sum referred to in paragraph (1) shall
be, as determined by the Secretary, not less than 1
percent and not more than 1.5 percent of the
amount referred to in paragraph (1) for each of fis-
cal years 2003 through 2011.’’;
(4) in section 112(h) by striking ‘‘fiscal years
1999 through 2003’’ and inserting ‘‘fiscal years
2006 through 2011’’;
(5) in section 201(a) by striking ‘‘fiscal years
1999 through 2003’’ each place it appears and in-
serting ‘‘fiscal years 2006 through 2011’’;
(6) in section 302(i) by striking ‘‘fiscal years
1999 through 2003’’ and inserting ‘‘fiscal years
2006 through 2011’’;
(7) in section 303(e) by striking ‘‘fiscal years
1999 through 2003’’ and inserting ‘‘fiscal years
2006 through 2011’’;