In the Senate of the United States,
June 29, 2006.
Resolved, That the bill from the House of Representatives (H.R.
27) entitled `An Act to enhance the workforce investment system of the Nation
by strengthening one-stop career centers, providing for more effective governance
arrangements, 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.',
do pass with the following
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'.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 2. Table of contents.
TITLE I--AMENDMENTS TO TITLE I OF THE WORKFORCE INVESTMENT ACT OF
1998
Subtitle A--Definitions
Subtitle B--Statewide and Local Workforce Investment Systems
Sec. 112. State workforce investment boards.
Sec. 114. Local workforce investment areas.
Sec. 115. Local workforce investment boards.
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
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. 153. Administrative provisions.
Sec. 154. Use of certain real property.
Sec. 155. General program requirements.
Subtitle F--Incentive Grants
Sec. 161. Incentive grants.
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. 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. 211. Programs for corrections education and other institutionalized
individuals.
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.
TITLE III--AMENDMENTS TO OTHER PROVISIONS OF LAW
Sec. 301. Wagner-Peyser Act.
TITLE IV--REHABILITATION ACT AMENDMENTS
Sec. 402. Technical amendments to table of contents.
Sec. 404. Rehabilitation Services Administration
Sec. 406. Administration of the Act.
Subtitle A--Vocational Rehabilitation Services
Sec. 411. Declaration of policy; authorization of appropriations.
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.
Sec. 422. Vocational rehabilitation services grants.
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.
Subtitle C--Professional Development and Special Projects and Demonstrations
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. 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 funding 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 authorization of appropriations.
Subtitle H--Miscellaneous
Sec. 495. 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 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 redesignated by paragraph
(1)) the following:
`(1) ACCRUED EXPENDITURES- The term `accrued expenditures' means
charges incurred by recipients of funds under this title for a given period
requiring the provision of funds for--
`(A) goods or other tangible property received;
`(B) services performed by employees, contractors, 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 paragraph (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 computing skills at or below
the 8th grade level on a generally accepted standardized test or a comparable
score on a criterion-referenced test; or
`(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 redesignated by paragraph
(1)) the following:
`(6) BUSINESS INTERMEDIARY- The term `business intermediary' means
an entity that brings together various stakeholders with an expertise
in an industry or business sector.';
(6) in paragraph (9) (as redesignated by paragraph (1)), by inserting
`, including a faith-based organization,' after `nonprofit organization';
(7) in paragraph (10) (as redesignated by paragraph (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 determines 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 the State,
a significant portion of the cost of the training, as determined by
the Governor, taking into account the size of the employer and such
other factors as the Governor determines to be appropriate.';
(8) in paragraph (11) (as redesignated by paragraph (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 criteria described in paragraph (12)(B).';
(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 referred
to in section 101(a)(13)(B) of title 10, United States Code, a permanent
change of station, or the service-connected (as defined in section 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';
(11) by inserting after paragraph (18) (as redesignated by paragraph
(1)) the following:
`(19) HARD-TO-SERVE POPULATIONS- The term `hard-to-serve populations'
means populations of individuals who are hard to serve, including displaced
homemakers, low-income individuals, Native Americans, 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, individuals 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.), single 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 redesignated 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 meaning given the term in section 101(a), and subparagraphs
(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:
`(38) OUT-OF-SCHOOL YOUTH- The term `out-of-school youth' means an
out-of-school youth as defined in section 129(a)(1)(B).';
(17) by inserting after paragraph (46) (as redesignated by paragraph
(1)) the following:
`(47) SELF-SUFFICIENCY- The term `self-sufficiency' 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 section 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 section 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)'.
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 investment activities, through
statewide and local workforce investment systems, that increase the employment,
retention, self-sufficiency, and earnings of participants, and increase
occupational skill attainment by participants.
`(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, providing for more effective governance
arrangements, promoting access to a more comprehensive array of employment
and training and related services, establishing a targeted approach to
serving youth, improving performance accountability, and promoting State
and local flexibility.
`(3) To provide workforce investment activities in a manner that
promotes the informed choice of participants and actively involves participants
in decisions 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, regional, and individual
workforce investment needs.
`(7) To recognize and reinforce the vital link between economic development
and workforce investment activities.
`(8) To provide for accurate data collection, reporting, and performance
measures that are not unduly burdensome.
`(9) To address the ongoing shortage of essential skills in the United
States workforce related to both manufacturing and knowledge-based economies
to ensure that the United States remains competitive in the global economy.
`(10) To equip workers with higher skills and contribute to lifelong
education.
`(11) To eliminate training disincentives for hard-to-serve populations
and minority workers, including effectively utilizing community programs,
services, and agencies.
`(12) To educate limited English proficient individuals 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.
(1) IN GENERAL- Section 111(b) (29 U.S.C. 2821(b)) is amended--
(A) in paragraph (1), by striking subparagraph (C) and inserting
the following:
`(C) representatives appointed by the Governor, who--
`(i) are the lead State agency officials with responsibility
for the programs and activities that are described in section 121(b)
and carried out by one-stop partners, except that--
`(I) in any case in which no lead State agency official has
responsibility for such a program or activity, the 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 Rehabilitation 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 Rehabilitation Act of 1973 (29 U.S.C. 705);
`(ii) are the State agency officials responsible 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 businesses, 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
business organizations, business trade associations, and local boards;
`(iv) are chief elected officials (representing cities and counties,
where appropriate);
`(v) are representatives of labor organizations, who have been
nominated by State labor federations; and
`(vi) are such other State agency officials and other representatives
as the Governor may designate.'; and
(B) in paragraph (3), by striking `paragraph (1)(C)(i)' and inserting
`paragraph (1)(C)(iii)'.
(2) CONFORMING AMENDMENT- Section 111(c) (29 U.S.C. 2821(c)) is amended
by striking `subsection (b)(1)(C)(i)' and inserting `subsection (b)(1)(C)(iii)'.
(b) FUNCTIONS- Section 111(d) (29 U.S.C. 2821(d)) is amended--
(1) in paragraph (1), by striking `development' and inserting `development,
implementation, and revision';
(A) by striking `section 134(c)' and inserting `section 121(e)';
and
(B) in subparagraph (A), by inserting after `section 121(b)' the
following: `, including granting the authority for the State employment
service under the Wagner-Peyser Act (29 U.S.C. 49 et seq.) to plan and
coordinate employment and training activities with local boards';
(3) by striking paragraph (3) and inserting the following:
`(3) reviewing and providing comment on the State plans of all one-stop
partner programs, where applicable, in order to provide effective strategic
leadership in the development of a high quality, comprehensive statewide
workforce investment system, including commenting at least once annually
on the measures taken pursuant to section 113(b)(3) of the Carl D. Perkins
Vocational and Technical Education Act of 1998 (20 U.S.C. 2323(b)(3))
and title II of this Act;';
(4) by redesignating paragraphs (4) through (9) as paragraphs (5)
through (10), respectively;
(5) by inserting after paragraph (3) the following:
`(4) development and review of statewide policies affecting the coordinated
provision of services through the one-stop delivery system described in
section 121(e) within the State, including--
`(A) the development of objective criteria and procedures for use
by local boards in assessing the effectiveness and continuous improvement
of one-stop centers under section 121(g);
`(B) the development of guidance for the allocation of one-stop
center infrastructure funds under section 121(h)(1)(B);
`(C) the development of--
`(i) statewide policies relating to the appropriate roles and
contributions of one-stop partner programs within the one-stop delivery
system, including approaches to facilitating equitable and efficient
cost allocation in the one-stop delivery system;
`(ii) statewide strategies for providing effective outreach to
individuals, including hard-to-serve populations, and employers who
could benefit from services provided through the one-stop delivery
system;
`(iii) strategies for technology improvements to facilitate access
to services provided through the one-stop delivery system, in remote
areas, and for individuals with disabilities, which may be utilized
throughout the State; and
`(iv) strategies for the effective coordination of activities
between the one-stop delivery system of the State and the State employment
service under the Wagner-Peyser Act (29 U.S.C. 49 et seq.);
`(D) identification and dissemination of information on best practices
for effective operation of one-stop centers, including use of innovative
business outreach, partnerships, and service delivery strategies, including
for hard-to-serve populations; and
`(E) conduct of such other matters as may promote statewide objectives
for, and enhance the performance of, the one-stop delivery system;';
(6) in paragraph (5) (as redesignated by paragraph (4)), by inserting
`and the development of statewide criteria to be used by chief elected
officials for the appointment of local boards consistent with section
117' after `section 116';
(7) in paragraph (6) (as redesignated by paragraph (4)), by striking
`sections 128(b)(3)(B) and 133(b)(3)(B)' and inserting `sections 128(b)(3)
and 133(b)(3)(B)';
(8) in paragraph (9) (as redesignated by paragraph (4))--
(A) by striking `employment statistics system' and inserting `workforce
and labor market information system'; and
(B) by striking `and' after the semicolon;
(9) in paragraph (10) (as redesignated by paragraph (4))--
(A) by inserting `section 136(i) and' before `section 503'; and
(B) by striking the period and inserting `; and'; and
(10) by adding at the end the following:
`(11) increasing the availability of skills training, employment
opportunities, and career advancement, for hard-to-serve populations.'.
(c) ALTERNATIVE ENTITY- Section 111(e) (29 U.S.C. 2821(e)) is amended--
(1) in paragraph (1), by striking `For' and inserting `Subject to
paragraph (3), for'; and
(2) by adding at the end the following:
`(3) FAILURE TO MEET PERFORMANCE MEASURES- If a State fails to have
performed successfully, as defined in section 116(a)(2), the Secretary
may require the State to establish a State board in accordance with subsections
(a), (b), and (c) in lieu of the alternative entity established under
paragraph (1).'.
(d) CONFLICT OF INTEREST- Section 111(f)(1) (29 U.S.C. 2821(f)(1))
is amended by inserting `or participate in action taken' after `vote'.
(e) SUNSHINE PROVISION- Section 111(g) (29 U.S.C. 2821(g)) is amended--
(1) by inserting `, and modifications to the State plan,' before
`prior'; and
(2) by inserting `, and modifications to the State plan' after `the
plan'.
(f) AUTHORITY TO HIRE STAFF- Section 111 (29 U.S.C. 2821) is amended
by adding at the end the following:
`(h) AUTHORITY TO HIRE STAFF-
`(1) IN GENERAL- The State board may hire staff to assist in carrying
out the functions described in subsection (d) using funds allocated under
sections 127(b)(1)(C) and 132(b).
`(2) LIMITATION ON RATE- Funds appropriated under this title shall
not be used to pay staff employed by the State board, either as a direct
cost or through any proration as an indirect cost, at a rate in excess
of the maximum rate payable for a position at GS-15 of the General Schedule
as in effect on the date of enactment of the Workforce Investment Act
Amendments of 2005.'.
SEC. 113. STATE PLAN.
(a) PLANNING CYCLE- Section 112(a) (29 U.S.C. 2822(a)) is amended--
(1) by inserting `, or a State unified plan as described in section
501,' before `that outlines';
(2) by striking `5-year strategy' and inserting `4-year strategy';
and
(3) by adding at the end the following: `At the end of the first
2-year period of the 4-year State plan, the State board shall review and,
as needed, amend the 4-year State plan to reflect labor market and economic
conditions. In addition, the State shall submit a modification to the
State plan at the end of the first 2-year period of the State plan, which
may include redesignation of local areas pursuant to section 116(a) and
specification of the levels of performance under sections 136 for the
third and fourth years of the plan.'.
(b) CONTENTS- Section 112(b) (29 U.S.C. 2822(b)) is amended--
(1) in paragraph (8)(A)--
(A) in clause (ix), by striking `and' after the semicolon; and
(B) by adding at the end the following:
`(xi) programs authorized under title II of the Social Security
Act (42 U.S.C. 401 et seq.) (relating to Federal old-age, survivors,
and disability insurance benefits), title XVI of such Act (42 U.S.C.
1381 et seq.) (relating to supplemental security income), title XIX
of such Act (42 U.S.C. 1396 et seq.) (relating to medicaid), and title
XX of such Act (42 U.S.C. 1397 et seq.) (relating to block grants to
States for social services), programs authorized under title VII of
the Rehabilitation Act of 1973 (29 U.S.C. 796 et seq.), and programs
carried out by State agencies relating to mental retardation and developmental
disabilities; and';
(2) by striking paragraph (10) and inserting the following:
`(10) a description of how the State will use funds the State received
under this subtitle to leverage other Federal, State, local, and private
resources, in order to maximize the effectiveness of such resources, expand
resources for the provision of education and training services, and expand
the participation of businesses, employees, and individuals in the statewide
workforce investment system, including a description of incentives and
technical assistance the State will provide to local areas for such purposes;';
(3) in paragraph (12)(A), by striking `sections 128(b)(3)(B) and
133(b)(3)(B)' and inserting `sections 128(b)(3) and 133(b)(3)(B)';
(4) in paragraph (14), by striking `section 134(c)' and inserting
`section 121(e)';
(5) in paragraph (15), by striking `section 116(a)(5)' and inserting
`section 116(a)(4)';
(A) in subparagraph (A)--
(I) by inserting `local' before `customized training'; and
(II) by striking `and' at the end;
(ii) in clause (iv), by striking `(including displaced homemakers),'
and all that follows through `disabilities)' and inserting `, hard-to-serve
populations, and individuals training for nontraditional employment';
and
(iii) by adding after clause (iv) the following:
`(v) how the State will serve the employment and training needs
of individuals with disabilities, consistent with section 188 and
Executive Order 13217 (42 U.S.C. 12131 note; relating to community-based
alternatives for individuals with disabilities), including the provision
of outreach, intake, the conduct of assessments, service delivery,
the development of adjustments to performance measures established
under section 136, and the training of staff; and'; and
(B) in subparagraph (B), by striking `and' at the end;
(7) in paragraph (18)(D)--
(A) by striking `youth opportunity grants under section 169' and
inserting `youth challenge grants authorized under section 169 and other
federally funded youth programs'; and
(B) by striking the period and inserting a semicolon; and
(8) by adding at the end the following:
`(19) a description of how the State will utilize technology to facilitate
access to services in remote areas, which may be utilized throughout the
State;
`(20) a description of the State strategy for coordinating workforce
investment activities and economic development activities, and promoting
entrepreneurial skills training and microenterprise services;
`(21) a description of the State strategy and assistance to be provided
for ensuring regional cooperation within the State and across State borders
as appropriate;
`(22) a description of how the State will use funds the State receives
under this subtitle to--
`(A) implement innovative programs and strategies designed to meet
the needs of all businesses in the State, including small businesses,
which may include incumbent worker training programs, sectoral and industry
cluster strategies, regional skills alliances, career ladder programs,
utilization of effective business intermediaries, and other business
services and strategies that better engage employers in workforce investment
activities and make the statewide workforce investment system more relevant
to the needs of State and local businesses, consistent with the objectives
of this title; and
`(B) provide incentives and technical assistance to assist local
areas in more fully engaging all employers, including small employers,
in local workforce investment activities, to make the workforce investment
system more relevant to the needs of area businesses, and to better
coordinate workforce investment and economic development efforts to
contribute to the economic well-being of the local area, as determined
appropriate by the local board;
`(23) a description of the State strategy--
`(A) for ensuring cooperation between transportation providers,
including public transportation providers, and providers of workforce
investment activities; and
`(B) for ensuring coordination among appropriate State agencies
and programs to make available skills training, employment services
and opportunities, and career advancement activities, that will assist
ex-offenders in reentering the workforce;
`(24) a description of how the State will assist local areas in assuring
physical and programmatic accessibility for individuals with disabilities
at one-stop centers;
`(25) a description of the process and methodology that will be used
by the State board to--
`(A) review statewide policies and provide guidance on the coordinated
provision of services through the one-stop delivery system described
in section 121(e);
`(B) establish, in consultation with chief elected officials and
local boards, objective criteria and procedures for use by local boards
in periodically assessing the effectiveness, physical and programmatic
accessibility, and continuous improvement of one-stop centers and the
one-stop delivery system as described in section 121(g); and
`(i) one-stop partner program contributions for the costs of
the infrastructure of one-stop centers under section 121(h)(2); and
`(ii) the formula for allocating the funds described in section
121(h)(2) to local areas;
`(26) a description of the State strategy for ensuring that activities
carried out under this title are placing men and women in jobs, education,
or training that lead to comparable pay; and
`(27) a description of the technical assistance available to one-stop
operators and providers of training services for strategies to serve hard-to-serve
populations and promote placement in nontraditional employment.'.
(c) MODIFICATIONS TO PLAN- Section 112(d) (29 U.S.C. 2822(d)) is amended--
(1) by striking `5-year period' and inserting `4-year period'; and
(2) by adding at the end the following: `In addition, the State shall
submit the modifications to the State plan required under subsection (a),
under circumstances prescribed by the Secretary that are due to changes
in Federal law that significantly affect elements of the State plan.'.
SEC. 114. LOCAL WORKFORCE INVESTMENT AREAS.
(a) DESIGNATION OF AREAS-
(1) CONSIDERATIONS- Section 116(a)(1) (29 U.S.C. 2831(a)(1)) is amended--
(A) in subparagraph (A), by striking `paragraphs (2), (3), and
(4)' and inserting `paragraphs (2) and (3)'; and
(B) in subparagraph (B), by adding at the end the following:
`(vi) The extent to which such local areas will promote maximum
effectiveness in the administration and provision of services.'.
(2) AUTOMATIC DESIGNATION- Section 116(a)(2) (29 U.S.C. 2831(a)(2))
is amended to read as follows:
`(2) AUTOMATIC DESIGNATION-
`(A) IN GENERAL- The Governor shall approve a request for designation
as a local area that is submitted prior to the submission of the State
plan, or of a modification to the State plan relating to area designation,
from any area that--
`(i) is a unit of general local government with a population
of 500,000 or more, except that after the initial 2-year period following
such designation pursuant to this clause that occurs after the date
of enactment of the Workforce Investment Act Amendments of 2005, the
Governor shall only be required to approve a request for designation
from such area if such area--
`(I) performed successfully; and
`(II) sustained fiscal integrity;
`(ii) was a local area under this title for the preceding 2-year
period (prior to the date of approval), if such local area--
`(I) performed successfully; and
`(II) sustained fiscal integrity;
`(iii) is served by a rural concentrated employment program grant
recipient, except that after the initial 2-year period following any
such designation under the initial State plan submitted after the
date of enactment of the Workforce Investment Act Amendments of 2005,
the Governor shall only be required to approve a request for designation
under this clause for such area if such area--
`(I) performed successfully; and
`(II) sustained fiscal integrity; or
`(iv) was a local area under section 116(a)(2)(C) (as in effect
on the day before the date of enactment of the Workforce Investment
Act Amendments of 2005), except that after the initial 2-year period
following such designation pursuant to this clause that occurs after
that date of enactment, the Governor shall only be required to approve
a request for designation under this clause for such area if such
area--
`(I) performed successfully; and
`(II) sustained fiscal integrity.
`(B) DEFINITIONS- For purposes of this paragraph:
`(i) PERFORMED SUCCESSFULLY- The term `performed successfully',
when used with respect to a local area, means the local area performed
at 80 percent or more of the adjusted level of performance for core
indicators of performance described in section 136(b)(2)(A) for 2
consecutive years.
`(ii) SUSTAINED FISCAL INTEGRITY- The term `sustained fiscal
integrity', used with respect to an area, means that the Secretary
has not made a formal determination during the preceding 2-year period
that either the grant recipient or the administrative entity of the
area misexpended funds provided under this title due to willful disregard
of the requirements of the Act involved, gross negligence, or failure
to comply with accepted standards of administration.'.
(3) CONFORMING AMENDMENTS- Section 116(a) (29 U.S.C. 2831(a)) is
amended--
(A) by striking paragraph (3);
(B) by redesignating paragraphs (4) and (5) as paragraph (3) and
(4), respectively;
(C) in paragraph (3) (as redesignated by subparagraph (B))--
(i) by striking `(including temporary designation)'; and
(ii) by striking `(v)' and inserting `(vi)'; and
(D) in paragraph (4) (as redesignated by subparagraph (B))--
(i) by striking `under paragraph (2) or (3)' and inserting `under
paragraph (2)'; and
(ii) by striking the second sentence.
(b) SINGLE LOCAL AREA STATES- Section 116(b) (29 U.S.C. 2831(b)) is
amended to read as follows:
`(b) SINGLE LOCAL AREA STATES-
`(1) CONTINUATION OF PREVIOUS DESIGNATION- Notwithstanding subsection
(a)(2), the Governor of any State that was a single local area for purposes
of this title as of July 1, 2004, may continue to designate the State
as a single local area for purposes of this title if the Governor identifies
the State as a local area in the State plan under section 112(b)(5).
`(2) REDESIGNATION- The Governor of a State not described in paragraph
(1) may designate the State as a single local area if, prior to the submission
of the State plan or modification to such plan so designating the State,
no local area meeting the requirements for automatic designation under
subsection (a)(2) requests such designation as a separate local area.
`(3) EFFECT ON LOCAL PLAN- In any case in which a State is designated
as a local area pursuant to this subsection, the local plan prepared under
section 118 for the area shall be submitted to the Secretary for approval
as part of the State plan under section 112.'.
(c) REGIONAL PLANNING- Section 116(c) (29 U.S.C. 2831(c)) is amended--
(1) by striking paragraph (1) and inserting the following:
`(A) IN GENERAL- As part of the process for developing the State
plan, a State may require regional planning by local boards for a designated
region in the State. The State may require the local boards for a designated
region to participate in a regional planning process that results in
the establishment of regional performance measures for workforce investment
activities authorized under this subtitle. The State, after consultation
with local boards and chief elected officials, may require the local
boards for the designated region to prepare, submit, and obtain approval
of a single regional plan that incorporates local plans for each of
the local areas in the region, as required under section 118. The State
may award regional incentive grants to the designated regions that meet
or exceed the regional performance measures pursuant to section 134(a)(2)(B)(iii).
`(B) TECHNICAL ASSISTANCE- If the State requires regional planning
as provided in subparagraph (A), the State shall provide technical assistance
and labor market information to such local areas in the designated regions
to assist with such regional planning and subsequent service delivery
efforts.';
(2) in paragraph (2), by inserting `information about the skill requirements
of existing and emerging industries and industry clusters,' after `information
about employment opportunities and trends,'; and
(3) in paragraph (3), by adding at the end the following: `Such services
may be required to be coordinated with regional economic development services
and strategies.'.
SEC. 115. LOCAL WORKFORCE INVESTMENT BOARDS.
(a) COMPOSITION- Section 117(b) (29 U.S.C. 2832(b)) is amended--
(1) in paragraph (2)(A)--
(A) in clause (i), by striking subclause (II) and inserting the
following:
`(II) collectively, represent businesses with employment opportunities
that reflect the employment opportunities of the local area, and
include representatives of businesses that are in high-growth and
emerging industries, and representatives of businesses, including
small businesses, in the local area; and';
(B) by striking clause (ii) and inserting the following:
`(ii)(I) a superintendent representing the local school districts
involved or another high-level official from such districts;
`(II) the president or highest ranking official of an institution
of higher education participating in the workforce investment activities
in the local area; and
`(III) an administrator of local entities providing adult education
and literacy activities in the local area;';
(C) in clause (iv), by inserting `, hard-to-serve populations,'
after `disabilities';
(D) in clause (v), by striking `and' at the end; and
(E) by striking clause (vi) and inserting the following:
`(vi) a representative from the State employment service under
the Wagner-Peyser Act (29 U.S.C. 49 et seq.) who is serving the local
area; and
`(vii) if the local board does not establish or continue a youth
council, representatives with experience serving out-of-school youth,
particularly out-of-school youth facing barriers to employment; and';
and
(2) by adding at the end the following:
`(6) SPECIAL RULE- In the case that there are multiple school districts
or institutions of higher education serving a local area, the representatives
described in subclause (I) or (II) of paragraph (2)(A)(ii), respectively,
shall be appointed from among individuals nominated by regional or local
educational agencies, institutions, or organizations representing such
agencies or institutions.'.
(b) AUTHORITY OF BOARD MEMBERS- Section 117(b)(3) (29 U.S.C. 2832(b)(3))
is amended--
(1) in the heading, by inserting `AND REPRESENTATION' after `AUTHORITY';
and
(2) by adding at the end the following: `The members of the board
shall represent diverse geographic sections within the local area.'.
(c) CONFORMING AMENDMENT- Section 117(c)(1)(C) (29 U.S.C. 2832(c)(1)(C))
is amended by striking `section 116(a)(2)(B)' and inserting `section 116(a)(2)(A)(iii)'.
(d) FUNCTIONS- Section 117(d) (29 U.S.C. 2832(d)) is amended--
(1) in paragraph (1), insert after `Governor' the following: `, and
shall develop jointly with the head of the State employment service under
the Wagner-Peyser Act (29 U.S.C. 49 et seq.) appropriate components of
such plan to maximize coordination, improve service delivery, and avoid
duplication of services';
(A) in subparagraph (B)--
(i) by inserting `(except as provided in section 123(b))' after
`basis'; and
(ii) by inserting `(where appropriate)' after `youth council';
and
(B) by adding at the end the following:
`(E) CONSUMER CHOICE REQUIREMENTS- Consistent with sections 122
and paragraphs (3) and (4) of 134(d), the local board shall work to
ensure there are sufficient providers of intensive services and training
services serving the local area in a manner that maximizes consumer
choice, including providers with expertise in assisting individuals
with disabilities.';
(3) in paragraph (3)(B), by striking clause (ii) and inserting the
following:
`(I) IN GENERAL- The local board may hire staff.
`(II) LIMITATION ON RATE- Funds appropriated under this title
shall not be used to pay staff employed by the local board, either
as a direct cost or through any proration as an indirect cost, at
a rate in excess of the maximum rate payable for a position at GS-15
of the General Schedule, as in effect on the date of enactment of
the Workforce Investment Act Amendments of 2005.';
(4) in paragraph (4), by inserting `, and shall ensure the appropriate
use and management of the funds provided under this subtitle for such
programs, activities, and system' after `area';
(A) by striking `EMPLOYMENT STATISTICS SYSTEM' and inserting `WORKFORCE
AND LABOR MARKET INFORMATION SYSTEM'; and
(B) by striking `employment statistics system' and inserting `workforce
and labor market information system';
(A) by inserting `, including small employers,' after `private
sector employers'; and
(B) by striking the period and inserting `, taking into account
the unique needs of small businesses.'; and
(7) by adding at the end the following:
`(9) TECHNOLOGY IMPROVEMENTS- The local board shall develop strategies
for technology improvements to facilitate access to services, in remote
areas, for services authorized under this subtitle and carried out in
the local area.'.
(e) CONFORMING AMENDMENT- Section 117(f)(2) (29 U.S.C. 2832(f)(2))
is amended by striking `described in section 134(c)'.
(f) CONFLICT OF INTEREST- Section 117(g)(1) (29 U.S.C. 2832(g)(1))
is amended by inserting `or participate in action taken' after `vote'.
(g) AUTHORITY TO ESTABLISH COUNCILS AND ELIMINATION OF REQUIREMENT
FOR YOUTH COUNCILS- Section 117(h) (29 U.S.C. 2832(h)) is amended to read
as follows:
`(h) COUNCILS- The local board may establish or continue councils to
provide information and advice to assist the local board in carrying out
activities under this title. Such councils may include--
`(1) a council composed of one-stop partners to advise the local
board on the operation of the one-stop delivery system involved;
`(2) a youth council composed of experts and stakeholders in youth
programs to advise the local board on youth activities; and
`(3) such other councils as the local board determines are appropriate.'.
(h) ALTERNATIVE ENTITY PROVISION- Section 117(i)(1) (29 U.S.C. 2832(i)(1))
is amended--
(1) in the matter preceding subparagraph (A), by striking `and paragraphs
(1) and (2) of subsection (h),';
(2) by striking subparagraph (B) and inserting the following:
`(B) was in existence on August 7, 1998, pursuant to State law;
and';
(3) by striking subparagraph (C); and
(4) by redesignating subparagraph (D) as subparagraph (C).
SEC. 116. LOCAL PLAN.
(a) PLANNING CYCLE- Section 118(a) (29 U.S.C. 2833(a)) is amended--
(1) by striking `5-year' and inserting `4-year'; and
(2) by adding at the end the following: `At the end of the first
2-year period of the 4-year plan, the local board shall review and, as
needed, amend the 4-year plan to reflect labor market and economic conditions.'.
(b) CONTENTS- Section 118(b) (29 U.S.C. 2833(b)) is amended--
(A) in subparagraph (A), by striking `and' after the semicolon;
(B) by striking subparagraph (B) and inserting the following:
`(B) a description of how the local board will facilitate access
to services provided through the one-stop delivery system involved,
in remote areas, including facilitating access through the use of technology;
and'; and
(C) by adding at the end the following:
`(C) a description of how the local board will ensure physical
and programmatic accessibility for individuals with disabilities at
one-stop centers;';
(2) in paragraph (9), by striking `; and' and inserting a semicolon;
(3) by redesignating paragraph (10) as paragraph (16); and
(4) by inserting after paragraph (9) the following:
`(10) a description of how the local board will coordinate workforce
investment activities carried out in the local area with economic development
activities carried out in the local area, and promote entrepreneurial
skills training and microenterprise services;
`(11) a description of the strategies and services that will be initiated
in the local area to more fully engage all employers, including small
employers, in workforce investment activities, to make the workforce investment
system more relevant to the needs of area businesses, and to better coordinate
workforce investment and economic development efforts, which may include
the implementation of innovative initiatives such as incumbent worker
training programs, sectoral and industry cluster strategies, regional
skills alliance initiatives, career ladder programs, utilization of effective
business intermediaries, and other business services and strategies designed
to meet the needs of area employers and contribute to the economic well-being
of the local area, as determined appropriate by the local board, consistent
with the objectives of this title;
`(12) a description of how the local board will expand access to
education and training services for eligible individuals who are in need
of such services through--
`(A) the utilization of programs funded under this title; and
`(B) the increased leveraging of resources other than those provided
under this title, including tax credits, private sector-provided training,
and other Federal, State, local, and private funds that are brokered
through the one-stop centers for training services;
`(13) a description of how the local board will coordinate workforce
investment activities carried out in the local area with the provision
of transportation, including public transportation, in the local area;
`(14) a description of plans for, assurances concerning, and strategies
for maximizing coordination of services provided by the State employment
service under the Wagner-Peyser Act (29 U.S.C. 49 et seq.) and services
provided in the local area through the one-stop delivery system described
in section 121(e), to improve service delivery and avoid duplication of
services;
`(15) a description of how the local board will coordinate workforce
investment activities carried out in the local area with other Federal,
State, and local area education, job training, and economic development
programs and activities; and'.
SEC. 117. ESTABLISHMENT OF ONE-STOP DELIVERY SYSTEMS.
(1) REQUIRED PARTNERS- Section 121(b)(1) (29 U.S.C. 2841(b)(1)) is
amended--
(A) by striking subparagraph (A) and inserting the following:
`(A) ROLES AND RESPONSIBILITIES OF ONE-STOP PARTNERS- Each entity
that carries out a program or activities described in subparagraph (B)
shall--
`(i) provide access through the one-stop delivery system to the
programs and activities carried out by the entity, including making
the core services described in section 134(d)(2) that are applicable
to the program of the entity available at the one-stop centers (in
addition to any other appropriate locations);
`(ii) use a portion of the funds available to the program of
the entity to maintain the one-stop delivery system, including payment
of the infrastructure costs of one-stop centers in accordance with
subsection (h);
`(iii) enter into a local memorandum of understanding with the
local board relating to the operation of the one-stop system that
meets the requirements of subsection (c);
`(iv) participate in the operation of the one-stop system consistent
with the terms of the memorandum of understanding, the requirements
of this title, and the requirements of the Federal laws authorizing
the programs carried out by the entity; and
`(v) provide representation on the State board to the extent
provided under section 111.';
(B) in subparagraph (B)--
(i) by striking clause (v);
(ii) by redesignating clauses (vi) through (xii) as clauses (v)
through (xi), respectively;
(iii) in clause (x) (as redesignated by clause (ii)), by striking
`and' at the end;
(iv) in clause (xi) (as redesignated by clause (ii)), by striking
the period and inserting `; and'; and
(v) by adding at the end the following:
`(xii) programs authorized under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.), subject to subparagraph (C).';
and
(C) by adding at the end the following:
`(C) DETERMINATION BY THE GOVERNOR-
`(i) IN GENERAL- An entity that carries out programs referred
to in subparagraph (B)(xii) shall be included in the one-stop partners
for the local area, as a required partner, for purposes of this title
unless the Governor of the State provides the notification described
in clause (ii).
`(ii) NOTIFICATION- The notification referred to in clause (i)
is a notification that--
`(I) is made in writing of a determination by the Governor
not to include such entity in the one-stop partners described in
clause (i); and
`(II) is provided to the Secretary and the Secretary of Health
and Human Services.'.
(A) IN GENERAL- Section 121(b)(2)(A) (29 U.S.C. 2841(b)(2)(A))
is amended to read as follows:
`(A) IN GENERAL- With the approval of the local board and chief
elected official, in addition to the entities described in paragraph
(1), other entities that carry out human resource programs described
in subparagraph (B) may be one-stop partners and carry out the responsibilities
described in paragraph (1)(A).'.
(B) ADDITIONAL PARTNERS- Section 121(b)(2)(B) (29 U.S.C. 2841(b)(2)(B))
is amended by striking clauses (i) through (iii) and inserting the following:
`(i) employment and training programs administered by the Social
Security Administration, including the Ticket to Work and Self-Sufficiency
program established under section 1148 of the Social Security Act
(42 U.S.C. 1320b-19);
`(ii) employment and training programs carried out by the Small
Business Administration;
`(iii) programs authorized under section 6(d)(4) of the Food
Stamp Act of 1977 (7 U.S.C. 2015(d)(4));'.
(b) LOCAL MEMORANDUM OF UNDERSTANDING- Section 121(c)(2)(A) (29 U.S.C.
2841(c)(2)(A)) is amended to read as follows:
`(A) provisions describing--
`(i) the services to be provided through the one-stop delivery
system consistent with the requirements of this section, including
the manner in which the services will be coordinated through such
system;
`(ii) how the costs of such services and the operating costs
of such system will be funded, through cash and in-kind contributions,
to provide a stable and equitable funding stream for ongoing one-stop
system operations, including the funding of the infrastructure costs
of one-stop centers in accordance with subsection (h);
`(iii) methods of referral of individuals between the one-stop
operator and the one-stop partners for appropriate services and activities;
`(iv) methods to ensure the needs of hard-to-serve populations
are addressed in providing access to services through the one-stop
system; and
`(v) the duration of the memorandum of understanding and the
procedures for amending the memorandum during the term of the memorandum,
and assurances that such memorandum shall be reviewed not less than
once every 2-year period to ensure appropriate funding and delivery
of services; and'.
(c) CONFORMING AMENDMENT- Section 121(d)(2) (29 U.S.C. 2841(d)(2))
is amended by striking `section 134(c)' and inserting `section 121(e)'.
(d) PROVISION OF SERVICES-
(1) ELIMINATION OF PROVISIONS CONCERNING ESTABLISHED SYSTEMS- Section
121 (29 U.S.C. 2841) is amended by striking subsection (e).
(2) REDESIGNATION- Subtitle B of title I is amended--
(A) in section 134 (29 U.S.C. 2864), by redesignating subsection
(c) as subsection (e); and
(B) by transferring that subsection (e) so that the subsection
appears after subsection (d) of section 121.
(3) ONE-STOP DELIVERY SYSTEMS- Paragraph (1) of section 121(e) (29
U.S.C. 2841(e)) (as redesignated by paragraph (2)) is amended--
(A) in subparagraph (A), by striking `subsection (d)(2)' and inserting
`section 134(d)(2)';
(B) in subparagraph (B)--
(i) by striking `subsection (d)' and inserting `section 134(d)';
(ii) by striking `individual training accounts' and inserting
`career scholarship accounts'; and
(iii) by striking `subsection (d)(4)(G)' and inserting `section
134(d)(4)(G)';
(C) in subparagraph (C), by striking `subsection (e)' and inserting
`section 134(e)';
(D) in subparagraph (D), by striking `section 121(b)' and inserting
`subsection (b)'; and
(E) in subparagraph (E), by striking `information described in
section 15' and inserting `data, information, and analysis described
in section 15(a)'.
(e) CONTINUOUS IMPROVEMENT OF ONE-STOP CENTERS- Section 121 (29 U.S.C.
2841) is amended by adding at the end the following:
`(g) CONTINUOUS IMPROVEMENT OF ONE-STOP CENTERS-
`(1) IN GENERAL- The State board, in consultation with chief local
elected officials and local boards, shall establish objective criteria
and procedures for use by local boards in periodically assessing the effectiveness,
physical and programmatic accessibility, and continuous improvement of
one-stop centers and the one-stop delivery system.
`(2) CRITERIA- The procedures and criteria developed under this subsection
shall include minimum standards relating to the scope and degree of service
coordination achieved by the one-stop delivery system with respect to
the programs administered by the one-stop partners at the one-stop centers,
consistent with the guidelines and guidance provided by the Governor and
by the State board, in consultation with the chief elected official and
local boards, for such partners' participation under subsections (h)(1)(B)
and subsection (i), respectively, and such other factors relating to the
quality, accessibility, and effectiveness of the one-stop delivery system
as the State board determines to be appropriate.
`(3) LOCAL BOARDS- Consistent with the criteria developed by the
State, the local board may develop additional criteria of higher standards
to respond to local labor market and demographic conditions and trends.
`(h) FUNDING OF ONE-STOP INFRASTRUCTURE-
`(A) OPTIONS FOR INFRASTRUCTURE FUNDING-
`(i) LOCAL OPTIONS- The local board, chief elected officials,
and one-stop partners in a local area may choose to fund the costs
of the infrastructure of one-stop centers through--
`(I) methods described in the local memorandum of understanding,
if, the local board, chief elected officials, and one-stop partners
agree to such methods; or
`(II) the State infrastructure funding mechanism described
in paragraph (2).
`(ii) FAILURE TO REACH AGREEMENT ON FUNDING METHODS- If, as of
July 1, 2006, the local board, chief elected officials, and one-stop
partners in a local area fail to reach agreement on methods of sufficient
funding of the infrastructure costs of one-stop centers, as determined
by the local area, the State infrastructure funding mechanism described
in paragraph (2) shall be applicable to such local area.
`(B) GUIDANCE FOR INFRASTRUCTURE FUNDING- In addition to carrying
out the requirements relating to the State mechanism for one-stop center
infrastructure funding described in paragraph (2), the Governor, after
consultation with chief local elected officials, local boards, and the
State board, and consistent with the guidelines provided by the State
board under subsection (i), shall provide--
`(i) guidelines for State administered one-stop partner programs
in determining such programs' contributions to and participation in
the one-stop delivery system, including funding for the costs of infrastructure
as defined in paragraph (2)(D), negotiated pursuant to the local memorandum
of understanding under subsection (c); and
`(ii) guidance to assist local areas in identifying equitable
and stable alternative methods of funding of the costs of the infrastructure
of one-stop centers in local areas.
`(2) STATE ONE-STOP INFRASTRUCTURE FUNDING-
`(A) PARTNER CONTRIBUTIONS-
`(i) IN GENERAL- Subject to clause (iii), a portion determined
under clause (ii) of the Federal funds provided to the State and areas
within the State under the Federal laws authorizing the programs described
in subsection (b)(1) and administered by one-stop partners for a fiscal
year shall be provided to the Governor from such programs to assist
in paying the costs of infrastructure of one-stop centers in those
local areas of the State not funded under the option described in
paragraph (1)(A)(i)(I).
`(ii) DETERMINATION OF GOVERNOR-
`(I) IN GENERAL- Subject to subclause (II) and clause (iii),
the Governor, after consultation with chief local elected officials,
local boards, and the State board, shall determine the portion of
funds to be provided under clause (i) by each one-stop partner from
each program described in clause (i). In making such determination,
the Governor shall calculate the proportionate use of the one-stop
centers for the purpose of determining funding contributions pursuant
to clause (i)(II) or (ii) of paragraph (1)(A) by each partner, and
the costs of administration for purposes not related to one-stop
centers for each partner. The Governor shall exclude from such determination
the portion of funds and use of one-stop centers attributable to
the programs of one-stop partners for those local areas of the State
where the infrastructure of one-stop centers is funded under the
option described in paragraph (1)(A)(i)(I).
`(II) SPECIAL RULE- In a State in which the State constitution
places policymaking authority that is independent of the authority
of the Governor in an entity or official with respect to the funds
provided for adult education and literacy activities authorized
under title II and for postsecondary vocational and technical education
activities authorized under the Carl D. Perkins Vocational and Technical
Education Act of 1998 (20 U.S.C. 2301 et seq.), or vocational rehabilitation
services offered under the Rehabilitation Act of 1973 (29 U.S.C.
701 et seq.), the determination described in subclause (I) with
respect to the programs authorized under that title and those Acts
shall be made by the chief officer of the entity with such authority
in consultation with the Governor.
`(III) APPEAL BY ONE-STOP PARTNERS- The Governor shall establish
a procedure for the one-stop partner administering a program described
in subsection (b) to appeal a determination regarding the portion
of funds to be contributed under this paragraph on the basis that
such determination is inconsistent with the criteria described in
the State plan or with the requirements of this paragraph. Such
procedure shall ensure prompt resolution of the appeal.
`(I) PROVISION FROM ADMINISTRATIVE FUNDS- The funds provided
under this paragraph by each one-stop partner shall be provided
only from funds available for the costs of administration under
the program administered by such partner, and shall be subject to
the program limitations with respect to the portion of funds under
such program that may be used for administration.
`(II) CAP ON REQUIRED CONTRIBUTIONS-
`(aa) WIA FORMULA PROGRAMS AND EMPLOYMENT SERVICE- The portion
of funds required to be contributed under clause (i)(II) or (ii) of paragraph
(1)(A) by the programs authorized under chapters 4 and 5 and under the Wagner-Peyser
Act (29 U.S.C. 49 et seq.) shall not be in excess of 3 percent of the amount
of Federal funds provided to carry out each such program in the State for
a fiscal year.
`(bb) OTHER ONE-STOP PARTNERS- The portion of funds required
to be contributed under clause (i)(II) or (ii) of paragraph (1)(A) by a
one-stop partner from a program described in subsection (b)(1) other than
the programs described under item (aa) shall not be in excess of 1 1/2 percent
of the amount of Federal funds provided to carry out such program in the
State for a fiscal year.
`(cc) SPECIAL RULE- Notwithstanding items (aa) and (bb), an
agreement, including a local memorandum of understanding, entered into prior
to the date of enactment of the Workforce Investment Act Amendments of 2005
by an entity regarding contributions under this title that permits the percentages
described in such items to be exceeded, may continue to be in effect until
terminated by the parties.
`(dd) VOCATIONAL REHABILITATION- Notwithstanding items (aa)
and (bb), an entity administering a program under title I of the Rehabilitation
Act of 1973 (29 U.S.C. 720 et seq.) shall not be required to provide, for
the purposes of this paragraph, an amount in excess of--
`(AA) 0.75 percent of the amount provided for such program in the
State for the second program year that begins after the date of enactment
of the Workforce Investment Act Amendments of 2005;
`(BB) 1.0 percent of the amount provided for such program in the State
for the third program year that begins after such date;
`(CC) 1.25 percent of the amount provided for such program in the
State for the fourth program year that begins after such date; and
`(DD) 1.5 percent of the amount provided for such program in the State
for the fifth and each succeeding program year that begins after such date.
`(III) FEDERAL DIRECT SPENDING PROGRAMS- An entity administering
a program funded with direct spending as defined in section 250(c)(8)
of the Balanced Budget and Emergency Deficit Control Act of 1985
(2 U.S.C. 900(c)(8)) shall not be required to provide, for purposes
of this paragraph, an amount in excess of the amount determined
to be equivalent to the cost of the proportionate use of the one-stop
centers for such program in the State.
`(IV) NATIVE AMERICAN PROGRAMS- Native American programs established
under section 166 shall not be subject to the provisions of this
subsection or subsection (i). The method for determining the appropriate
portion of funds to be provided by such Native American programs
to pay for the costs of infrastructure of a one-stop center shall
be determined as part of the development of the memorandum of understanding
under subsection (c) for the one-stop center and shall be stated
in the memorandum.
`(B) ALLOCATION BY GOVERNOR- From the funds provided under subparagraph
(A), the Governor shall allocate the funds to local areas in accordance
with the formula established under subparagraph (C) for the purposes
of assisting in paying the costs of infrastructure of one-stop centers.
`(C) ALLOCATION FORMULA- The State board shall develop a formula
to be used by the Governor to allocate the funds provided under subparagraph
(A) to local areas not funding infrastructure costs under the option
described in paragraph (1)(A)(i)(I). The formula shall be based on factors
including the number of one-stop centers in a local area, the population
served by such centers, the services provided by such centers, and other
factors relating to the performance of such centers that the State board
determines are appropriate.
`(D) COSTS OF INFRASTRUCTURE- In this subsection, the term `costs
of infrastructure', used with respect to a one-stop center, means the
nonpersonnel costs that are necessary for the general operation of the
one-stop center, including the rental costs of the facilities, the costs
of utilities and maintenance, equipment (including assessment-related
products and adaptive technology for individuals with disabilities),
and technology to facilitate remote access to the one-stop center's
strategic planning activities, and common outreach activities.
`(1) IN GENERAL- Subject to the memorandum of understanding described
in subsection (c) for the one-stop delivery system involved, in addition
to the funds provided to carry out subsection (h), a portion of funds
made available under Federal law authorizing the programs described in
subsection (b) and administered by one-stop partners, or the noncash resources
available under such programs, shall be used to pay the additional costs
relating to the operation of the one-stop delivery system that are not
paid from the funds provided under subsection (h), as determined in accordance
with paragraph (2), to the extent not inconsistent with the Federal law
involved. Such costs shall include the costs of the provision of core
services described in section 134(d)(2) applicable to each program and
may include common costs that are not paid from the funds provided under
subsection (h).
`(2) DETERMINATION AND GUIDANCE- The method for determining the appropriate
portion of funds and noncash resources to be provided by each program
under paragraph (1) for a one-stop center shall be determined as part
of the development of the memorandum of understanding under subsection
(c) for the one-stop center and shall be stated in the memorandum. The
State board shall provide guidance to facilitate the determination of
an appropriate allocation of the funds and noncash resources in local
areas.'.
SEC. 118. ELIGIBLE PROVIDERS OF TRAINING SERVICES.
Section 122 (29 U.S.C. 2842) is amended to read as follows:
`SEC. 122. IDENTIFICATION OF ELIGIBLE PROVIDERS OF TRAINING SERVICES.
`(1) IN GENERAL- The Governor, after consultation with the State
board, shall establish criteria and procedures regarding the eligibility
of providers of training services described in section 134(d)(4) (referred
to in this section as `training services') to receive funds provided under
section 133(b) for the provision of training services.
`(2) PROVIDERS- Subject to the provisions of this section, to be
eligible to receive the funds provided under section 133(b) for the provision
of training services, the provider shall be--
`(A) a postsecondary educational institution that--
`(i) is eligible to receive Federal funds under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and
`(ii) provides a program that leads to an associate degree, baccalaureate
degree, or industry-recognized certification;
`(B) an entity that carries out programs under the Act of August
16, 1937 (commonly known as the `National Apprenticeship Act'; 50 Stat.
664, chapter 663; 29 U.S.C. 50 et seq.); or
`(C) another public or private provider of a program of training
services.
`(3) INCLUSION IN LIST OF ELIGIBLE PROVIDERS- A provider described
in subparagraph (A) or (C) of paragraph (2) shall comply with the criteria
and procedures established under this section to be included on the list
of eligible providers of training services described in subsection (d).
A provider described in paragraph (2)(B) shall be included on the list
of eligible providers of training services described in subsection (d)
for so long as the provider remains certified by the Department of Labor
to carry out the programs described in paragraph (2)(B).
`(1) IN GENERAL- The criteria established by the Governor pursuant
to subsection (a) shall take into account--
`(A) the performance of providers of training services with respect
to the performance measures and other matters for which information
is required under paragraph (2) and other appropriate measures of performance
outcomes for those participants receiving training services under this
subtitle (taking into consideration the characteristics of the population
served and relevant economic conditions);
`(B) the need to ensure access to training services throughout
the State, including any rural areas;
`(C) the information such providers are required to report to State
agencies with respect to Federal and State programs (other than the
program carried out under this subtitle), including one-stop partner
programs;
`(D) the requirements for State licensing of providers of training
services, and the licensing status of each provider of training services
if applicable;
`(E) to the extent practicable, encouraging the use of industry-recognized
standards and certification;
`(F) the ability of the providers to offer programs that lead to
a degree or an industry-recognized certification;
`(G) the ability to provide training services to hard-to-serve
populations, including individuals with disabilities; and
`(H) such other factors as the Governor determines are appropriate
to ensure--
`(i) the quality of services provided;
`(ii) the accountability of the providers;
`(iii) that the one-stop centers in the State will ensure that
such providers meet the needs of local employers and participants;
`(iv) the informed choice of participants under chapter 5; and
`(v) that the collection of information required is not unduly
burdensome or costly to providers.
`(2) INFORMATION- The criteria established by the Governor shall
require that a provider of training services submit appropriate, accurate,
and timely information to the State for purposes of carrying out subsection
(d), with respect to participants receiving training services under this
subtitle in the applicable program, including--
`(A) information on degrees and industry-recognized certifications
received by such participants;
`(B) information on costs of attendance for such participants;
`(C) information on the program completion rate for such participants;
and
`(D) information on the performance of the provider with respect
to the performance measures described in section 136 for such participants
(taking into consideration the characteristics of the population served
and relevant economic conditions), which may include information specifying
the percentage of such participants who entered unsubsidized employment
in an occupation related to the program.
`(3) RENEWAL- The criteria established by the Governor shall also
provide for biennial review and renewal of eligibility under this section
for providers of training services.
`(4) LOCAL CRITERIA- A local board in the State may establish criteria
in addition to the criteria established by the Governor, or may require
higher levels of performance than required under the criteria established
by the Governor, for purposes of determining the eligibility of providers
of training services to receive funds described in subsection (a) to provide
the services in the local area involved.
`(5) INFORMATION TO ESTABLISH INITIAL ELIGIBILITY-
`(A) IN GENERAL- In an effort to provide the highest-quality training
services and responsiveness to new and emerging industries, providers
may seek initial eligibility under this section as providers of training
services. The criteria established by the Governor shall require that
a provider who has not previously been an eligible provider of training
services under this section provide the information described in subparagraph
(B).
`(B) INFORMATION- The provider shall provide verifiable program-specific
performance information supporting the provider's ability to serve participants
under this subtitle. The information provided under this subparagraph
may include information on outcome measures such as job placement and
wage increases for individuals participating in the program, information
on business partnerships and other factors that indicate high-quality
training services, and information on alignment with industries targeted
for potential employment opportunities.
`(C) PROVISION- The provider shall provide the information described
in subparagraph (B) to the Governor and the local boards in a manner
that will permit the Governor and the local boards to make a decision
on inclusion of the provider on the list of eligible providers described
in subsection (d).
`(c) PROCEDURES- The procedures established under subsection (a) shall
identify the application process for a provider of training services to
become eligible to receive funds provided under section 133(b) for the provision
of training services, and identify the respective roles of the State and
local areas in receiving and reviewing the applications and in making determinations
of such eligibility based on the criteria established under this section.
The procedures shall also establish a process for a provider of training
services to appeal a denial or termination of eligibility under this section,
that includes an opportunity for a hearing and prescribes appropriate time
limits to ensure prompt resolution of the appeal.
`(d) INFORMATION TO ASSIST PARTICIPANTS IN CHOOSING PROVIDERS- In order
to facilitate and assist participants in choosing employment and training
activities under chapter 5 and in choosing providers of training services,
the Governor shall ensure that an appropriate list of providers determined
to be eligible under this section in the State, accompanied by appropriate
information, is provided to the one-stop delivery system in the State. The
accompanying information shall consist of information provided by providers
described in subparagraphs (A) and (C) of subsection (a)(2) in accordance
with subsection (b) (including information on receipt of degrees and industry-recognized
certifications, and costs of attendance, for participants receiving training
services under this subtitle in applicable programs) and such other information
as the Secretary determines is appropriate. The list and the accompanying
information shall be made available to such participants and to members
of the public through the one-stop delivery system in the State.
`(1) IN GENERAL- The criteria and procedures established under this
section shall provide the following:
`(A) INTENTIONALLY SUPPLYING INACCURATE INFORMATION- Upon a determination,
by an individual or entity specified in the criteria or procedures,
that a provider of training services, or individual providing information
on behalf of the provider, intentionally supplied inaccurate information
under this section, the eligibility of such provider to receive funds
under chapter 5 shall be terminated for a period of time that is not
less than 2 years.
`(B) SUBSTANTIAL VIOLATIONS- Upon a determination, by an individual
or entity specified in the criteria or procedures, that a provider of
training services substantially violated any requirement under this
title, the eligibility of such provider to receive funds under the program
involved may be terminated, or other appropriate action may be taken.
`(C) REPAYMENT- A provider of training services whose eligibility
is terminated under subparagraph (A) or (B) shall be liable for the
repayment of funds received under chapter 5 during a period of noncompliance
described in such subparagraph.
`(2) CONSTRUCTION- Paragraph (1) shall be construed to provide remedies
and penalties that supplement, but do not supplant, other civil and criminal
remedies and penalties.
`(f) AGREEMENTS WITH OTHER STATES- States may enter into agreements,
on a reciprocal basis, to permit eligible providers of training services
to accept career scholarship accounts provided in another State.
`(g) OPPORTUNITY TO SUBMIT COMMENTS- In establishing criteria, procedures,
requirements for information, and the list of eligible providers described
in subsection (d), the Governor shall provide an opportunity for interested
members of the public to make recommendations and submit comments regarding
such criteria, procedures, requirements for information, and list.
`(h) TRANSITION PERIOD FOR IMPLEMENTATION- The requirements of this
section shall be implemented not later than December 31, 2006. In order
to facilitate early implementation of this section, the Governor may establish
transition procedures under which providers eligible to provide training
services under chapter 5 as such chapter was in effect on the day before
the date of enactment of the Workforce Investment Act Amendments of 2005
may continue to be eligible to provide such services until December 31,
2006, or until such earlier date as the Governor determines to be appropriate.
`(i) ON-THE-JOB TRAINING, CUSTOMIZED TRAINING, OR INCUMBENT WORKER
TRAINING EXCEPTION-
`(1) IN GENERAL- Providers of on-the-job training, customized training,
or incumbent worker training shall not be subject to the requirements
of subsections (a) through (h).
`(2) COLLECTION AND DISSEMINATION OF INFORMATION- A one-stop operator
in a local area shall collect such performance information from providers
of on-the-job training, customized training, and incumbent worker training
as the Governor may require, determine whether the providers meet such
performance criteria as the Governor may require, and disseminate information
identifying providers that meet the criteria as eligible providers, and
the performance information, through the one-stop delivery system. Providers
determined to meet the criteria shall be considered to be identified as
eligible providers of training services.'.
SEC. 119. ELIGIBLE PROVIDERS OF YOUTH ACTIVITIES.
Section 123 (29 U.S.C. 2843) is amended to read as follows:
`SEC. 123. ELIGIBLE PROVIDERS OF YOUTH ACTIVITIES.
`(a) IN GENERAL- From the funds allocated under section 128(b) to a
local area, the local board for such area shall award grants or contracts
on a competitive basis to providers of youth activities identified based
on the criteria in the State plan described in section 112 and shall conduct
oversight with respect to such providers.
`(b) EXCEPTIONS- A local board may award grants or contracts on a sole-source
basis if such board determines there is an insufficient number of eligible
providers of youth activities in the local area involved (such as a rural
area) for grants and contracts to be awarded on a competitive basis under
subsection (a).'.
SEC. 120. YOUTH ACTIVITIES.
(a) STATE ALLOTMENTS- Section 127 (29 U.S.C. 2852) is amended--
(A) in paragraph (1), by striking `opportunity' and inserting `challenge';
and
(B) in paragraph (2), by striking `make allotments' and all that
follows and inserting `make allotments and grants, and enter into contracts
and cooperative agreements, in accordance with subparagraphs (A)(iv),
(B), and (C) of subsection (b)(1).'; and
(2) by striking subsection (b) and inserting the following:
`(b) ALLOTMENT AMONG STATES-
`(A) YOUTH CHALLENGE GRANTS AND YOUTH ACTIVITIES FOR FARMWORKERS
AND NATIVE AMERICANS-
`(i) IN GENERAL- For each fiscal year in which the amount appropriated
under section 137(a) exceeds $1,000,000,000, the Secretary shall reserve
a portion of the amount to provide youth activities under section
167 (relating to migrant and seasonal farmworker programs) and provide
youth challenge grants and other activities under section 169 (relating
to youth challenge grants).
`(ii) PORTION- The portion referred to in clause (i) shall equal,
for a fiscal year--
`(I) except as provided in subclause (II), the difference obtained
by subtracting $1,000,000,000 from the amount appropriated under
section 137(a) for the fiscal year; or
`(II) for any fiscal year in which the amount is $1,250,000,000
or greater, $250,000,000.
`(iii) YOUTH ACTIVITIES FOR FARMWORKERS- For a fiscal year described
in clause (i), the Secretary shall reserve the greater of $10,000,000
or 4 percent of the portion described in clause (i) for a fiscal year
to provide youth activities under section 167. For a fiscal year not
described in clause (i), the Secretary shall reserve $10,000,000 of
the amount appropriated under section 137(a) to provide youth activities
under section 167.
`(iv) YOUTH ACTIVITIES FOR NATIVE AMERICANS- From the amount
appropriated under section 137(a) for each fiscal year that is not
reserved under clause (i) or (iii), the Secretary shall reserve not
more than 1 1/2 percent of such appropriated amount to provide youth
activities under section 166 (relating to Native Americans).
`(i) IN GENERAL- From the amount appropriated under section 137(a)
for each fiscal year that is not reserved under subparagraph (A),
the Secretary shall reserve not more than 1/4 of 1 percent of the
appropriated amount to provide assistance to the outlying areas to
carry out youth activities and statewide workforce investment activities.
`(ii) LIMITATION FOR FREELY ASSOCIATED STATES-
`(I) COMPETITIVE GRANTS- The Secretary shall use funds described
in clause (i) to award grants to Guam, American Samoa, the Commonwealth
of the Northern Mariana Islands, and the Freely Associated States
to carry out youth activities and statewide workforce investment
activities.
`(II) AWARD BASIS- The Secretary shall award grants pursuant
to subclause (I) on a competitive basis and pursuant to the recommendations
of experts in the field of employment and training, working through
the Pacific Region Educational Laboratory in Honolulu, Hawaii.
`(III) ASSISTANCE REQUIREMENTS- Any Freely Associated State
that desires to receive assistance under this subparagraph shall
submit an application to the Secretary and shall include in the
application for assistance--
`(aa) information demonstrating that the Freely Associated
State will meet all conditions that apply to States under this title;
`(bb) an assurance that, notwithstanding any other provision
of this title, the Freely Associated State will use such assistance only
for the direct provision of services; and
`(cc) such other information and assurances as the Secretary
may require.
`(IV) ADMINISTRATIVE COSTS- The Secretary may provide not more
than 5 percent of the funds made available for grants under subclause
(I) to pay the administrative costs of the Pacific Region Educational
Laboratory in Honolulu, Hawaii, regarding activities assisted under
this clause.
`(iii) ADDITIONAL REQUIREMENT- The provisions of Public Law 95-134,
permitting the consolidation of grants by the outlying areas, shall
not apply to assistance provided to those areas, including the Freely
Associated States, under this subparagraph.
`(i) IN GENERAL- From the remainder of the amount appropriated
under section 137(a) for a fiscal year that exists after the Secretary
determines the amounts to be reserved under subparagraphs (A) and
(B), the Secretary shall allot to the States--
`(I) an amount of the remainder that is less than or equal
to the total amount that was allotted to States for fiscal year
2005 under section 127(b)(1)(C) of this Act (as in effect on the
day before the date of enactment of the Workforce Investment Act
Amendments of 2005), in accordance with the requirements of clause
(ii) of such section 127(b)(1)(C); and
`(II) the amount of the remainder, if any, in excess of the
amount referred to in subclause (I), in accordance with clause (ii).
`(ii) FORMULA- Of the amount described in clause (i)(II)--
`(I) 33 1/3 percent shall be allotted on the basis of the relative
number of individuals in the civilian labor force who are ages 16
through 21 in each State, compared to the total number of individuals
in the civilian labor force who are ages 16 through 21 in all States;
`(II) 33 1/3 percent shall be allotted on the basis of the
relative number of unemployed individuals in each State, compared
to the total number of unemployed individuals in all States; and
`(III) 33 1/3 percent shall be allotted on the basis of the
relative number of disadvantaged youth who are ages 16 through 21
in each State, compared to the total number of disadvantaged youth
who are ages 16 through 21 in all States.
`(iii) MINIMUM AND MAXIMUM PERCENTAGES-
`(I) MINIMUM PERCENTAGE- The Secretary shall ensure that no
State shall receive an allotment percentage under this subparagraph
for a fiscal year that is less than 90 percent of the allotment
percentage of the State for the preceding fiscal year.
`(II) MAXIMUM PERCENTAGE- Subject to subclause (I), the Secretary
shall ensure that no State shall receive an allotment percentage
under this subparagraph for a fiscal year that is more than 130
percent of the allotment percentage of the State for the preceding
fiscal year.
`(iv) SMALL STATE MINIMUM ALLOTMENT- Subject to clause (iii),
the Secretary shall ensure that no State shall receive an allotment
under this subparagraph that is less than the total of--
`(I) 3/10 of 1 percent of $1,000,000,000 of the remainder described
in clause (i) for the fiscal year; and
`(II) if the remainder described in clause (i) for the fiscal
year exceeds $1,000,000,000, 2/5 of 1 percent of the excess.
`(2) DEFINITIONS- For the purposes of paragraph (1):
`(A) ALLOTMENT PERCENTAGE- The term `allotment percentage', used
with respect to fiscal year 2006 or a subsequent fiscal year, means
a percentage of the remainder described in paragraph (1)(C)(i) that
is received by the State involved through an allotment made under this
subsection for the fiscal year. The term, used with respect to fiscal
year 2005, means the percentage of the amounts allotted to States under
this chapter (as in effect on the day before the date of enactment of
the Workforce Investment Act Amendments of 2005) that is received by
the State involved for fiscal year 2005.
`(B) DISADVANTAGED YOUTH- Subject to paragraph (3), the term `disadvantaged
youth' means an individual who is age 16 through 21 who received an
income, or is a member of a family that received a total family income,
that, in relation to family size, does not exceed the higher of--
`(i) the poverty line; or
`(ii) 70 percent of the lower living standard income level.
`(C) FREELY ASSOCIATED STATE- The term `Freely Associated State'
means the Republic of the Marshall Islands, the Federated States of
Micronesia, and the Republic of Palau.
`(3) SPECIAL RULE- For purposes of the formula specified in paragraph
(1)(C), the Secretary shall, as appropriate and to the extent practicable,
exclude college students and members of the Armed Forces from the determination
of the number of disadvantaged youth.'.
(1) AMENDMENT- Section 127(c) (29 U.S.C. 2852(c)) is amended--
(A) by striking paragraph (2) and inserting the following:
`(2) AMOUNT- The amount available for reallotment for a program year
is equal to the amount by which the unexpended balance at the end of the
program year prior to the program year for which the determination is
made exceeds 30 percent of the total amount of funds available to the
State under this section during such prior program year (including amounts
allotted to the State in all prior program years that remained available).
For purposes of this paragraph, the unexpended balance is the amount that
is the difference between--
`(A) the total amount of funds available to the State under this
section during the program year prior to the program year for which
the determination is made (including amounts allotted to the State in
all prior program years that remained available); and
`(B) the accrued expenditures during such prior program year.';
(i) by striking `for the prior program year' and inserting `for
the program year for which the determination is made'; and
(ii) by striking `such prior program year' and inserting `such
program year';
(C) by striking paragraph (4) and inserting the following:
`(4) ELIGIBILITY- For purposes of this subsection, an eligible State
means a State that does not have an amount available for reallotment under
paragraph (2) for the program year for which the determination under paragraph
(2) is made.'; and
(D) in paragraph (5), by striking `obligation' and inserting `accrued
expenditure'.
(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall take
effect for the program year that begins after the date of enactment of
this Act.
(c) WITHIN STATE ALLOCATIONS-
(1) RESERVATION FOR STATEWIDE ACTIVITIES- Section 128(a) (29 U.S.C.
2853(a)) is amended to read as follows:
`(a) RESERVATIONS FOR STATEWIDE ACTIVITIES-
`(1) IN GENERAL- The Governor of a State shall reserve not more than
15 percent of each of the amounts allotted to the State under section
127(b)(1)(C) and paragraphs (1)(B) and (2)(B) of section 132(b) for a
fiscal year for statewide workforce investment activities.
`(2) USE OF FUNDS- Regardless of whether the reserved amounts were
allotted under section 127(b)(1)(C), or under paragraph (1)(B) or (2)(B)
of section 132(b), the Governor may use the reserved amounts to carry
out statewide activities under section 129(b) or statewide employment
and training activities, for adults or dislocated workers, under section
134(a).'.
(2) WITHIN STATE ALLOCATION- Section 128(b) (29 U.S.C. 2853(b)) is
amended to read as follows:
`(b) WITHIN STATE ALLOCATIONS-
`(1) IN GENERAL- Of the amount allotted to the State under section
127(b)(1)(C) and not reserved under subsection (a)(1)--
`(A) a portion equal to not less than 80 percent of such amount
shall be allocated by the Governor to local areas in accordance with
paragraph (2); and
`(B) a portion equal to not more than 20 percent of such amount
may be allocated by the Governor to local areas in accordance with paragraph
(3).
`(2) ESTABLISHED FORMULA-
`(A) IN GENERAL- Of the portion described in paragraph (1)(A),
the Governor shall allocate--
`(i) 33 1/3 percent on the basis of the relative number of individuals
in the civilian labor force who are ages 16 through 21 in each local
area, compared to the total number of individuals in the civilian
labor force who are ages 16 through 21 in all local areas in the State;
`(ii) 33 1/3 percent on the basis of the relative number of unemployed
individuals in each local area, compared to the total number of unemployed
individuals in all local areas in the State; and
`(iii) 33 1/3 percent on the basis of the relative number of
disadvantaged youth who are ages 16 through 21 in each local area,
compared to the total number of disadvantaged youth who are ages 16
through 21 in all local areas in the State.
`(B) MINIMUM AND MAXIMUM PERCENTAGES-
`(i) MINIMUM PERCENTAGE- The Governor shall ensure that no local
area shall receive an allocation percentage under this paragraph for
a fiscal year that is less than 90 percent of the allocation percentage
of the local area for the preceding fiscal year.
`(ii) MAXIMUM PERCENTAGE- Subject to clause (i), the Governor
shall ensure that no local area shall receive an allocation percentage
under this paragraph for a fiscal year that is more than 130 percent
of the allocation percentage of the local area for the preceding fiscal
year.
`(C) DEFINITIONS- In this paragraph:
`(i) ALLOCATION PERCENTAGE- The term `allocation percentage',
used with respect to fiscal year 2006 or a subsequent fiscal year,
means a percentage of the portion described in paragraph (1)(A) that
is received by the local area involved through an allocation made
under this paragraph for the fiscal year. The term, used with respect
to fiscal year 2005, means the percentage of the amounts allocated
to local areas under this chapter (as in effect on the day before
the date of enactment of the Workforce Investment Act Amendments of
2005) that is received by the local area involved for fiscal year
2005.
`(ii) DISADVANTAGED YOUTH- The term `disadvantaged youth' means
an individual who--
`(I) is age 16 through 21;
`(II) is not a college student or member of the Armed Forces;
and
`(III) received an income, or is a member of a family that
received a total family income, that, in relation to family size,
does not exceed the higher of--
`(aa) the poverty line; or
`(bb) 70 percent of the lower living standard income level.
`(3) YOUTH DISCRETIONARY ALLOCATION- The Governor may allocate the
portion described in paragraph (1)(B) to local areas where there are a
significant number of eligible youth, after consultation with the State
board and local boards.
`(4) LOCAL ADMINISTRATIVE COST LIMIT-
`(A) IN GENERAL- Of the amount allocated to a local area under
this subsection and section 133(b) for a fiscal year, not more than
10 percent of the amount may be used by the local board involved for
the administrative costs of carrying out local workforce investment
activities under this chapter or chapter 5.
`(B) USE OF FUNDS- Funds made available for administrative costs
under subparagraph (A) may be used for the administrative costs of any
of the local workforce investment activities described in this chapter
or chapter 5, regardless of whether the funds were allocated under this
subsection or section 133(b).'.
(A) AMENDMENT- Section 128(c) (29 U.S.C. 2853(c)) is amended--
(i) in paragraph (1), by striking `paragraph (2)(A) or (3) of';
(ii) by striking paragraph (2) and inserting the following:
`(2) AMOUNT- The amount available for reallocation for a program
year is equal to the amount by which the unexpended balance at the end
of the program year prior to the program year for which the determination
is made exceeds 30 percent of the total amount of funds available to the
local area under this section during such prior program year (including
amounts allocated to the local area in all prior program years that remained
available). For purposes of this paragraph, the unexpended balance is
the amount that is the difference between--
`(A) the total amount of funds available to the local area under
this section during the program year prior to the program year for which
the determination is made (including amounts allocated to the local
area in all prior program years that remained available); and
`(B) the accrued expenditures during such prior program year.';
(iii) by amending paragraph (3)--
(I) by striking `subsection (b)(3)' each place it appears and
inserting `subsection (b)';
(II) by striking `for the prior program year' the first place
it appears and inserting `for the program year for which the determination
is made';
(III) by striking `such prior program year' and inserting `such
program year'; and
(IV) by striking the last sentence; and
(iv) by striking paragraph (4) and inserting the following:
`(4) ELIGIBILITY- For purposes of this subsection, an eligible local
area means a local area that does not have an amount available for reallocation
under paragraph (2) for the program year for which the determination under
paragraph (2) is made.'.
(B) EFFECTIVE DATE- The amendments made by subparagraph (A) shall
take effect for the later of--
(i) the program year that begins after the date of enactment
of this Act; or
(d) YOUTH PARTICIPANT ELIGIBILITY- Section 129(a) (29 U.S.C. 2854(a))
is amended to read as follows:
`(a) YOUTH PARTICIPANT ELIGIBILITY-
`(A) IN GENERAL- To be eligible to participate in activities carried
out under this chapter during any program year an individual shall,
at the time the eligibility determination is made, be an out-of-school
youth or an in-school youth.
`(B) OUT-OF-SCHOOL YOUTH- In this title the term `out-of-school
youth' means an individual who is--
`(i) not younger than age 16 nor older than age 21; and
`(ii) one of the following:
`(II) A youth who is within the age for compulsory school attendance,
but has not attended school for at least 1 school year calendar
quarter.
`(III) A recipient of a secondary school diploma or its equivalent
who is--
`(aa) deficient in basic skills, including limited English
proficiency;
`(bb) a low-income individual; and
`(cc) not attending any school.
`(IV) Subject to the juvenile or adult justice system or ordered
by a court to an alternative school.
`(V) A low-income individual who is pregnant or parenting and
not attending any school.
`(VI) A youth who is not attending school or a youth attending
an alternative school, who is homeless, a runaway, a foster child,
a child eligible for assistance under section 477 of the Social
Security Act (42 U.S.C. 677), or in an out-of-home placement.
`(VII) A low-income individual who is not attending school
and requires additional assistance to enter or complete an educational
program or to secure or hold employment.
`(C) IN-SCHOOL YOUTH- In this section the term `in-school youth'
means an individual who is--
`(i) not younger than age 14 nor older than age 21;
`(ii) a low-income individual; and
`(iii) one or more of the following:
`(I) Deficient in basic literacy skills, including limited
English proficiency.
`(II) Homeless, a runaway, a foster child, a child eligible
for assistance under section 477 of the Social Security Act (42
U.S.C. 677), or in an out-of-home placement.
`(III) Pregnant or parenting.
`(IV) An offender (other than an individual described in subparagraph
(B)(ii)(IV)).
`(V) An individual who requires additional assistance to complete
an educational program or to secure or hold employment.
`(2) EXCEPTION- Not more than 5 percent of the individuals assisted
under this section in each local area, in the case of individuals for
whom low income is a requirement for eligibility under this section, may
be individuals who are not low income.
`(3) LIMITATIONS ON ACTIVITIES FOR IN-SCHOOL YOUTH-
`(A) IN GENERAL- For any program year, not more than 60 percent
of the funds available for statewide activities under subsection (b),
and not more than 60 percent of funds available to local areas under
subsection (c), may be used to provide activities for in-school youth
meeting the requirements of paragraph (1)(B).
`(B) EXCEPTION- A State that receives a minimum allotment under
section 127(b)(1) in accordance with section 127(b)(1)(C)(iv) or under
section 132(b)(1) in accordance with section 132(b)(1)(B)(iv)(II) may
increase the percentage described in subparagraph (A) for a local area
in the State, if--
`(i) after an analysis of the eligible youth population in the
local area, the State determines that the local area will be unable
to use at least 40 percent of the funds available for activities under
subsection (b) or (c) to serve out-of-school youth due to a low number
of out-of-school youth; and
`(ii)(I) the State submits to the Secretary, for the local area,
a request including a proposed increased percentage for purposes of
subparagraph (A), and the summary of the eligible youth population
analysis; and
`(II) the request is approved by the Secretary.
`(4) CONSISTENCY WITH COMPULSORY SCHOOL ATTENDANCE LAWS- In providing
assistance under this section to an individual who is required to attend
school under applicable State compulsory school attendance laws, the priority
in providing such assistance shall be for the individual to attend school
regularly.'.
(e) STATEWIDE ACTIVITIES- Section 129(b) (29 U.S.C. 2854(b)) is amended
to read as follows:
`(b) STATEWIDE ACTIVITIES-
`(1) IN GENERAL- Funds reserved by a Governor for a State as described
in sections 128(a) and 133(a)(1) shall be used, regardless of whether
the funds were allotted to the State under section 127(b)(1)(C) or under
paragraph (1)(B) or (2)(B) of section 132(b) for statewide activities,
which may include--
`(i) evaluations under section 136(e) of activities authorized
under this chapter and chapter 5 in coordination with evaluations
carried out by the Secretary under section 172;
`(iii) demonstration projects;
`(B) providing incentive grants to local areas for regional cooperation
among local boards (including local boards in a designated region as
described in section 116(c)), for local coordination of activities carried
out under this title, and for performance by local areas as described
in section 136(i)(2);
`(C) providing technical assistance and capacity building activities
to local areas, one-stop operators, one-stop partners, and eligible
providers, including the development and training of staff, the development
of exemplary program activities, the provision of technical assistance
to local areas that fail to meet local performance measures described
in section 136(c), and the provision of technology to facilitate remote
access to services provided through the one-stop delivery system in
the State;
`(D) operating a fiscal and management accountability information
system under section 136(f);
`(E) carrying out monitoring and oversight of activities carried
out under this chapter and chapter 5, which may include a review comparing
the services provided to male and female youth;
`(F) providing additional assistance to local areas that have high
concentrations of eligible youth;
`(G) supporting the development of alternative programs and other
activities that enhance the choices available to eligible youth and
encourage such youth to reenter secondary education, enroll in postsecondary
education and advanced training, and obtain career path employment;
`(H) supporting the provision of core services described in section
134(d)(2) in the one-stop delivery system in the State; and
`(I) supporting financial literacy, including--
`(i) supporting the ability to create household budgets, initiate
savings plans, and make strategic investment decisions for education,
retirement, home ownership, wealth building, or other savings goals;
`(ii) supporting the ability to manage spending, credit, and
debt, including credit card debt, effectively;
`(iii) increasing awareness of the availability and significance
of credit reports and credit scores in obtaining credit, the importance
of their accuracy (and how to correct inaccuracies), their effect
on credit terms, and the effect common financial decisions may have
on credit scores;
`(iv) supporting the ability to ascertain fair and favorable
credit terms;
`(v) supporting the ability to avoid abusive, predatory, or deceptive
credit offers and financial products;
`(vi) supporting the ability to understand, evaluate, and compare
financial products, services, and opportunities;
`(vii) supporting the ability to understand resources that are
easily accessible and affordable, and that inform and educate an investor
as to the investor's rights and avenues of recourse when the investor
believes the investor's rights have been violated by unprofessional
conduct of market intermediaries;
`(viii) increasing awareness of the particular financial needs
and financial transactions (such as the sending of remittances) of
consumers who are targeted in multilingual financial literacy and
education programs and improving the development and distribution
of multilingual financial literacy and education materials;
`(ix) promoting bringing individuals who lack basic banking services
into the financial mainstream by opening and maintaining accounts
with financial institutions; and
`(x) improving financial literacy and education through all other
related skills, including personal finance and related economic education,
with the primary goal of programs not simply to improve knowledge,
but rather to improve consumers' financial choices and outcomes.
`(2) LIMITATION- Not more than 5 percent of the funds allotted to
a State under section 127(b)(1)(C) shall be used by the State for administrative
activities carried out under this subsection or section 134(a).
`(3) PROHIBITION- No funds described in this subsection may be used
to develop or implement education curricula for school systems in the
State.'.
(f) LOCAL ELEMENTS AND REQUIREMENTS-
(1) PROGRAM DESIGN- Section 129(c)(1) (29 U.S.C. 2854(c)(1)) is amended--
(A) in the matter that precedes subparagraph (A), by striking `paragraph
(2)(A) or (3), as appropriate, of';
(B) in subparagraph (B), by inserting `are directly linked to 1
or more of the performance measures relating to this chapter under section
136, and that' after `for each participant that'; and
(C) in subparagraph (C)--
(i) by redesignating clauses (i) through (iv) as clauses (ii)
through (v), respectively;
(ii) by inserting before clause (ii) (as redesignated by clause
(i)) the following:
`(i) activities leading to the attainment of a secondary school
diploma or its equivalent, or another recognized credential;';
(iii) in clause (ii) (as redesignated by clause (i)), by inserting
`and advanced training' after `opportunities';
(iv) in clause (iii) (as redesignated by clause (i))--
(I) by inserting `instruction based on State academic content
and student academic achievement standards established under section
1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311)' after `academic'; and
(II) by inserting `that lead to the attainment of recognized
credentials' after `learning'; and
(v) by striking clause (v) (as redesignated by clause (i)) and
inserting the following:
`(v) effective connections to all employers, including small
employers, in sectors of the local and regional labor markets that
are experiencing high growth in employment opportunities.'.
(2) PROGRAM ELEMENTS- Section 129(c)(2) (29 U.S.C. 2854(c)(2)) is
amended--
(A) in subparagraph (A), by striking `secondary school, including
dropout prevention strategies' and inserting `the requirements for a
secondary school diploma or its recognized equivalent (including recognized
alternative standards for individuals with disabilities) or for another
recognized credential, including dropout prevention strategies';
(B) in subparagraph (B), by inserting `, with a priority on exposing
youth to technology and nontraditional jobs' before the semicolon;
(C) in subparagraph (F), by striking `during nonschool hours';
(D) in subparagraph (I), by striking `and' at the end;
(E) in subparagraph (J), by striking the period at the end and
inserting a semicolon; and
(F) by adding at the end the following:
`(K) on-the-job training opportunities;
`(L) opportunities to acquire financial literacy skills;
`(M) entrepreneurial skills training and microenterprise services;
and
`(N) information about average wages for a range of jobs available
in the local area, including technology jobs.'.
(3) ADDITIONAL REQUIREMENTS- Section 129(c)(3)(A) (29 U.S.C. 2854(c)(3)(A))
is amended in the matter preceding clause (i) by striking `or applicant
who meets the minimum income criteria to be considered an eligible youth'.
(4) PRIORITY AND EXCEPTIONS- Section 129(c) (29 U.S.C. 2854(c)) is
amended by striking paragraphs (4) and (5).
(5) PROHIBITIONS AND LINKAGES- Section 129(c) (29 U.S.C. 2854(c)),
as amended by paragraph (4), is further amended--
(A) by redesignating paragraphs (6), (7), and (8) as paragraphs
(4), (5), and (6), respectively;
(B) in paragraph (4) (as redesignated by subparagraph (A))--
(i) by striking subparagraph (B); and
(ii) by redesignating subparagraph (C) as subparagraph (B); and
(C) in paragraph (5) (as redesignated by subparagraph (A)), by
striking `youth councils' and inserting `local boards'.
SEC. 121. ADULT AND DISLOCATED WORKER EMPLOYMENT AND TRAINING ACTIVITIES.
(1) RESERVATIONS- Section 132(a)(2)(A) (29 U.S.C. 2862 (a)(2)(A))
is amended by striking `national emergency grants, other than under subsection
(a)(4), (f), and (g)' and inserting `national dislocated worker grants,
other than under subparagraph (D) or (E) of subsection (a)(1), subsection
(e), and subsection (f)'.
(2) ALLOTMENT AMONG STATES- Section 132(b) (29 U.S.C. 2862(b)) is
amended--
(A) in paragraph (1)(A)(ii), by striking `section 127(b)(1)(B),'
and all that follows and inserting `section 127(b)(1)(B).';
(B) by striking paragraph (1)(B)(ii) and inserting the following:
`(ii) FORMULA- Subject to clauses (iii) and (iv), of the remainder--
`(I) 40 percent shall be allotted on the basis of the relative
number of unemployed individuals in areas of substantial unemployment
in each State, compared to the total number of unemployed individuals
in areas of substantial unemployment in all States;
`(II) 25 percent shall be allotted on the basis of the relative
number of individuals in the civilian labor force in each State,
compared to the total number of such individuals in all States;
and
`(III) 35 percent shall be allotted on the basis of the relative
number of disadvantaged adults in each State, compared to the total
number of disadvantaged adults in all States, except as described
in clause (iii).';
(C) in paragraph (1)(B)--
(i) in clause (iii), by striking `section 116(a)(2)(B)' and inserting
`section 116(a)(2)(A)(iii)';
(aa) by striking `Subject to subclause (IV), the' and inserting
`The'; and
(bb) by striking `than the greater of' and all that follows
and inserting `than an amount based on 90 percent of the allotment percentage
of the State for the preceding fiscal year.';
(II) in subclause (II), by striking `subclauses (I), (III),
and (IV)' and inserting `subclauses (I) and (III)'; and
(III) by striking subclause (IV); and
(iii) in clause (v), by striking subclause (VI); and
(D) in paragraph (2)(A)(ii), by striking `section 127(b)(1)(B)'
and all that follows and inserting `section 127(b)(1)(B).'.
(3) REALLOTMENT- Section 132(c) (29 U.S.C. 2862(c)) is amended--
(A) by striking paragraph (2) and inserting the following:
`(2) AMOUNT- The amount available for reallotment for a program year
for programs funded under subsection (b)(1)(B) (relating to adult employment
and training) and subsection (b)(2)(B) (relating to dislocated worker
employment and training), respectively, is equal to the amount by which
the unexpended balance at the end of the program year prior to the program
year for which the determination is made exceeds 30 percent of the total
amount of funds available to the State under subsection (b)(1)(B) or (b)(2)(B),
respectively, during such prior program year (including amounts allotted
to the State in all prior program years under such provisions that remained
available). For purposes of this paragraph, the unexpended balance is
the amount that is the difference between--
`(A) the total amount of funds available to the State under subsection
(b)(1)(B) or (b)(2)(B), respectively, during the program year prior
to the program year for which the determination is made (including amounts
allotted to the State in all prior program years under such provisions
that remained available); and
`(B) the accrued expenditures from such total amount of funds available
under subsection (b)(1)(B) or (b)(2)(B), respectively, during such prior
program year.';
(i) by striking `under this section for such activities for the
prior program year' and inserting `under subsection (b)(1)(B) or (b)(2)(B),
as appropriate, for the program year for which the determination is
made'; and
(ii) by striking `under this section for such activities for
such prior program year' and inserting `under subsection (b)(1)(B)
or (b)(2)(B), as appropriate, for such program year';
(C) by striking paragraph (4) and inserting the following:
`(4) ELIGIBILITY- For purposes of this subsection, an eligible State
means--
`(A) with respect to funds allotted under subsection (b)(1)(B),
a State that does not have an amount of such funds available for reallotment
under paragraph (2) for the program year for which the determination
under paragraph (2) is made; and
`(B) with respect to funds allotted under subsection (b)(2)(B),
a State that does not have an amount of such funds available for reallotment
under paragraph (2) for the program year for which the determination
under paragraph (2) is made.'; and
(D) in paragraph (5), by striking `obligation' and inserting `accrued
expenditure'.
(4) EFFECTIVE DATE- The amendments made by paragraph (3) shall take
effect for the later of--
(A) the program year that begins after the date of enactment of
this Act; or
(b) WITHIN STATE ALLOCATIONS-
(1) ALLOCATION- Section 133(b)(2)(A)(i) (29 U.S.C. 2863(b)(2)(A)(i))
is amended--
(A) in subclause (I), by striking `33 1/3 percent' and inserting
`40 percent';
(B) in subclause (II), by striking `33 1/3 percent' and inserting
`25 percent'; and
(C) in subclause (III), by striking `33 1/3 percent' and inserting
`35 percent'.
(2) TRANSFER AUTHORITY- Section 133(b)(4) (29 U.S.C. 2863(b)(4))
is amended by striking `20 percent' each place it appears and inserting
`100 percent'.
(3) REQUIREMENTS- Clauses (i) and (ii) of section 133(b)(5)(B) (29
U.S.C. 2863(b)(5)(B)) are amended by striking `section 134(c)' and inserting
`section 121(e)'.
(4) REALLOCATION- Section 133(c) (29 U.S.C. 2863(c)) is amended--
(A) in paragraph (1), by inserting `, and under subsection (b)(2)(B)
for dislocated worker employment and training activities,' after `activities';
(B) by striking paragraph (2) and inserting the following:
`(2) AMOUNT- The amount available for reallocation for a program
year for programs funded under paragraphs (2)(A) and (3) of subsection
(b) (relating to adult employment and training) and subsection (b)(2)(B)
(relating to dislocated worker employment and training), respectively,
is equal to the amount by which the unexpended balance at the end of the
program year prior to the program year for which the determination is
made exceeds 30 percent of the total amount of funds available to the
local area under paragraphs (2)(A) and (3) of subsection (b), or subsection
(b)(2)(B), respectively, during such prior program year (including amounts
allocated to the local area in all prior program years under such provisions
that remained available). For purposes of this paragraph, the unexpended
balance is the amount that is the difference between--
`(A) the total amount of funds available to the local area under
paragraphs (2)(A) and (3) of subsection (b), or subsection (b)(2)(B),
respectively, during the program year prior to the program year for
which the determination is made (including amounts allotted to the local
area in all prior program years under such provisions that remained
available); and
`(B) the accrued expenditures from such total amount of funds available
under paragraphs (2)(A) and (3) of subsection (b), or subsection (b)(2)(B),
respectively, during such prior program year.';
(C) by striking paragraph (3) and inserting the following:
`(3) REALLOCATION- In making reallocations to eligible local areas
of amounts available pursuant to paragraph (2) for a program year, the
Governor shall allocate to each eligible local area within the State--
`(A) with respect to amounts that are available for reallocation
under paragraph (2) that were allocated under paragraphs (2)(A) or (3)
of subsection (b), an amount based on the relative amount allocated
to such local area under paragraphs (2)(A) or (3) of subsection (b),
as appropriate, for the program year for which the determination is
made, as compared to the total amount allocated to all eligible local
areas under paragraphs (2)(A) or (3) of subsection (b), as appropriate,
for such program year; and
`(B) with respect to amounts that are available for reallocation
under paragraph (2) that were allocated under subsection (b)(2)(B),
an amount based on the relative amount allocated to such local area
under subsection (b)(2)(B) for the program year for which the determination
is made, as compared to the total amount allocated to all eligible local
areas under subsection (b)(2)(B) for such program year.'; and
(D) by striking paragraph (4) and inserting the following:
`(4) ELIGIBILITY- For purposes of this subsection, an eligible local
area means--
`(A) with respect to funds allocated under paragraphs (2)(A) or
(3) of subsection (b), a local area that does not have an amount of
such funds available for reallocation under paragraph (2) for the program
year for which the determination under paragraph (2) is made; and
`(B) with respect to funds allocated under subsection (b)(2)(B),
a local area that does not have an amount of such funds available for
reallocation under paragraph (2) for the program year for which the
determination under paragraph (2) is made.'.
(5) EFFECTIVE DATE- The amendments made by paragraph (3) shall take
effect for the later of--
(A) the program year that begins after the date of enactment of
this Act; or
(c) USE OF FUNDS FOR EMPLOYMENT AND TRAINING ACTIVITIES-
(1) STATEWIDE EMPLOYMENT AND TRAINING ACTIVITIES-
(A) STATEWIDE RAPID RESPONSE ACTIVITIES- Section 134(a)(2)(A) (29
U.S.C. 2864(a)(2)(A)) is amended to read as follows:
`(A) STATEWIDE RAPID RESPONSE ACTIVITIES-
`(i) IN GENERAL- A State shall carry out statewide rapid response
activities using funds reserved by a Governor for a State under section
133(a)(2). Such activities shall include--
`(I) provision of rapid response activities, carried out in
local areas by the State or by an entity designated by the State,
working in conjunction with the local boards and the chief elected
officials for the local areas; and
`(II) provision of additional assistance to local areas that
experience disasters, mass layoffs, or plant closings, or other
events that precipitate substantial increases in the number of unemployed
individuals, carried out in local areas by the State, working in
conjunction with the local boards and the chief elected officials
for the local areas.
`(ii) USE OF UNEXPENDED FUNDS- Funds reserved under section 133(a)(2)
to carry out this subparagraph that remain unexpended after the first
program year for which such funds were allotted may be used by the
Governor to carry out statewide activities authorized under subparagraph
(B) and paragraph (3)(A) in addition to activities under this subparagraph.'.
(B) STATEWIDE EMPLOYMENT AND TRAINING ACTIVITIES- Section 134(a)(2)
(29 U.S.C. 2864(a)(2)) is amended by striking subparagraph (B) and inserting
the following:
`(B) STATEWIDE EMPLOYMENT AND TRAINING ACTIVITIES- Funds reserved
by a Governor for a State under sections 128(a)(1) and 133(a)(1) and
not used under paragraph (1)(A) (regardless of whether the funds were
allotted to the States under section 127(b)(1)(C) or paragraphs (1)(B)
or (2)(B) of section 132(b)) shall be used for statewide employment
and training activities, including--
`(I) the State list of eligible providers of training services,
including eligible providers of nontraditional training services
and eligible providers of apprenticeship programs described in section
122(a)(2)(B);
`(II) information identifying eligible providers of on-the-job
training, customized training, and incumbent worker training;
`(III) information on effective business outreach, partnerships,
and services;
`(IV) performance information and information on costs of attendance,
as described in subsections (d) and (i) of section 122; and
`(V) information on physical and programmatic accessibility
for individuals with disabilities;
`(ii) conducting evaluations under section 136(e) of activities
authorized under this chapter and chapter 5 in coordination with evaluations
carried out by the Secretary under section 172;
`(iii) providing incentive grants to local areas, in accordance
with section 136(i);
`(iv) developing strategies for ensuring that activities carried
out under this section are placing men and women in jobs, education,
and training that lead to comparable pay;
`(v) providing technical assistance and capacity building to
local areas, one-stop operators, one-stop partners, and eligible providers,
including the development and training of staff, the development of
exemplary program activities, and the provision of technical assistance
to local areas that fail to meet local performance measures described
in section 136(c), which may include the development and training
of staff to provide opportunities for hard-to-serve populations to
enter high-wage, high-skilled, and nontraditional occupations;
`(vi) operating a fiscal and management accountability system
under section 136(f); and
`(vii) carrying out monitoring and oversight of activities carried
out under this chapter and chapter 4.'.
(C) ALLOWABLE STATEWIDE EMPLOYMENT AND TRAINING ACTIVITIES- Section
134(a)(3)(A) (29 U.S.C. 2864(a)(3)(A)) is amended to read as follows:
`(A) IN GENERAL- Funds reserved by a Governor for a State under
sections 128(a)(1) and 133(a)(1) and not used under paragraph (1)(A)
or (2)(B) (regardless of whether the funds were allotted to the State
under section 127(b)(1)(C) or paragraph (1)(B) or (2)(B) of section
132(b)) may be used to carry out additional statewide employment and
training activities, which may include--
`(i) implementing innovative programs and strategies designed
to meet the needs of all businesses in the State, including small
businesses, which may include incumbent worker training programs,
sectoral and industry cluster strategies and partnerships, including
regional skills alliances, sectoral skills partnerships (in which
representatives of multiple employers for a specific industry sector
or group of related occupations, economic development agencies, providers
of training services described in subsection (d)(4), labor federations,
and other entities that can provide needed supportive services tailored
to the needs of workers in that sector or group, for a local area
or region, identify gaps between the current and expected demand and
supply of labor and skills in that sector or group for that area or
region and develop a strategic skills gap action plan), career ladder
programs, micro-enterprise and entrepreneurial training and support
programs, utilization of effective business intermediaries, activities
to improve linkages between the one-stop delivery system in the State
and all employers (including small employers) in the State, and other
business services and strategies that better engage employers in workforce
investment activities and make the workforce investment system more
relevant to the needs of State and local businesses, consistent with
the objectives of this title;
`(ii) developing strategies for effectively serving hard-to-serve
populations and for coordinating programs and services among one-stop
partners;
`(iii) implementing innovative programs for displaced homemakers,
which for purposes of this clause may include an individual who is
receiving public assistance and is 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.);
`(iv) implementing programs to increase the number of individuals
training for and placed in nontraditional employment;
`(v) carrying out activities to facilitate remote access to services,
including training services described in subsection (d)(4), provided
through a one-stop delivery system, including facilitating access
through the use of technology;
`(vi) supporting the provision of core services described in
subsection (d)(2) in the one-stop delivery system in the State;
`(vii) coordinating with the child welfare system to facilitate
services for children in foster care and those who are eligible for
assistance under section 477 of the Social Security Act (42 U.S.C.
677);
`(I) to improve coordination between workforce investment activities
carried out within the State involved and economic development activities,
and to promote entrepreneurial skills training and microenterprise
services;
`(II) to improve coordination between employment and training
assistance, child support services, and assistance provided by State
and local agencies carrying out part D of title IV of the Social
Security Act (42 U.S.C. 651 et seq.);
`(III) to improve coordination between employment and training
assistance and cooperative extension programs carried out by the
Department of Agriculture;
`(IV) to improve coordination between employment and training
assistance and programs carried out in the local area for individuals
with disabilities, including programs carried out by State agencies
relating to mental retardation and developmental disabilities, Statewide
Independent Living Councils established under section 705 of the
Rehabilitation Act of 1973 (29 U.S.C. 796d), and centers for independent
living defined in section 702 of the Rehabilitation Act of 1973
(29 U.S.C. 796a);
`(V) to develop and disseminate workforce and labor market
information;
`(VI) to improve coordination with the corrections system to
facilitate provision of training services and employment opportunities
that will assist ex-offenders in reentering the workforce; and
`(VII) to promote financial literacy, including carrying out
activities described in section 129(b)(1)(I);
`(II) demonstration projects; and
`(x) adopting, calculating, or commissioning a minimum self-sufficiency
standard that specifies the income needs of families, by family size,
the number and ages of children in the family, and sub-State geographical
considerations.'.
(2) REQUIRED LOCAL EMPLOYMENT AND TRAINING ACTIVITIES-
(A) ALLOCATED FUNDS- Section 134(d)(1)(A) (29 U.S.C. 2864(d)(1)(A))
is amended--
(i) in clause (i), by striking `described in subsection (c)';
(ii) in clause (iii), by striking `and' at the end;
(iii) in clause (iv), by striking the period and inserting a
semicolon; and
(iv) by adding at the end the following:
`(v) to designate a dedicated business liaison in the local area
who may be funded with funds provided under this title or from other
sources to establish and develop relationships and networks with large
and small employers and their intermediaries; and
`(vi) in order to improve service delivery to avoid duplication
of services and enhance coordination of services, to require the colocation
of employment services provided under the Wagner-Peyser Act (29 U.S.C.
49 et seq.) at the one-stop centers.'.
(B) CORE SERVICES- Section 134(d)(2) (29 U.S.C. 2864(d)(2)) is
amended--
(i) in the matter preceding subparagraph (A), by striking `paragraph
(1)(A)' and inserting `paragraph (1)';
(ii) in subparagraph (C), by inserting `(including literacy,
numeracy, and English language proficiency)' after `skill levels';
(iii) by striking subparagraph (D) and inserting the following:
`(D) labor exchange services, including--
`(i) job search and placement assistance and, in appropriate
cases, career counseling, including--
`(I) exposure to high wage, high skill jobs; and
`(II) nontraditional employment; and
`(ii) appropriate recruitment and other business services for
all employers, including small employers, in the local area, which
may include services described in this subsection, including information
and referral to specialized business services not traditionally offered
through the one-stop delivery system;';
(iv) in subparagraph (E)(iii)--
(I) by inserting `, career ladders,' after `earnings'; and
(II) by striking `and' at the end;
(v) in subparagraph (F)--
(I) by striking `and program cost information'; and
(II) by striking `described in section 123';
(vi) by striking subparagraph (H) and inserting the following:
`(H) provision of accurate information, in formats that are usable
and understandable to all one-stop center customers, relating to the
availability of supportive services or assistance, including child care,
child support, medical or child health assistance under title XIX or
XXI of the Social Security Act (42 U.S.C. 1396 et seq. and 1397aa et
seq.), benefits under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.),
the earned income tax credit under section 32 of the Internal Revenue
Code of 1986, and assistance under a State program funded under part
A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) and
other supportive services and transportation provided through funds
made available under such part, available in the local area, and referral
to such services or assistance as appropriate;'; and
(vii) in subparagraph (J), by striking `for--' and all that follows
through `(ii) programs' and inserting `for programs'.
(C) INTENSIVE SERVICES- Section 134(d)(3) (29 U.S.C. 2864(d)(3))
is amended--
(i) by striking subparagraph (A) and inserting the following:
`(i) ELIGIBILITY- Except as provided in clause (ii), funds allocated
to a local area for adults under paragraph (2)(A) or (3), as appropriate,
of section 133(b), and funds allocated to the local area for dislocated
workers under section 133(b)(2)(B), shall be used to provide intensive
services to adults and dislocated workers, respectively--
`(I) who are unemployed and who, after an interview, evaluation,
or assessment, have been determined by a one-stop operator or one-stop
partner to be--
`(aa) unlikely or unable to obtain employment, that leads
to self-sufficiency or wages comparable to or higher than previous employment,
through core services described in paragraph (2); and
`(bb) in need of intensive services to obtain employment that
leads to self-sufficiency or wages comparable to or higher than previous
employment; or
`(II) who are employed, but who, after an interview, evaluation,
or assessment are determined by a one-stop operator or one-stop
partner to be in need of intensive services to obtain or retain
employment that leads to self-sufficiency.
`(ii) SPECIAL RULE- A new interview, evaluation, or assessment
of a participant is not required under clause (i) if the one-stop
operator or one-stop partner determines that it is appropriate to
use a recent assessment of the participant conducted pursuant to another
education or training program.'; and
(ii) in subparagraph (C)--
(I) in clause (v), by striking `for participants seeking training
services under paragraph (4)'; and
(II) by adding at the end the following:
`(vii) Internships and work experience.
`(viii) Literacy activities relating to basic work readiness.
`(ix) Financial literacy services, such as activities described
in section 129(b)(1)(I).
`(x) Out-of-area job search assistance and relocation assistance.
`(xi) English language acquisition and integrated training programs.'.
(D) TRAINING SERVICES- Section 134(d)(4) (29 U.S.C. 2864(d)(4))
is amended--
(i) by striking subparagraph (A) and inserting the following:
`(i) ELIGIBILITY- Except as provided in clause (ii), funds allocated
to a local area for adults under paragraph (2)(A) or (3), as appropriate,
of section 133(b), and funds allocated to the local area for dislocated
workers under section 133(b)(2)(B), shall be used to provide training
services to adults and dislocated workers, respectively--
`(I) who, after an interview, evaluation, or assessment, and
case management, have been determined by a one-stop operator or
one-stop partner, as appropriate, to--
`(aa) be unlikely or unable to obtain or retain employment,
that leads to self-sufficiency or wages comparable to or higher than previous
employment, through the intensive services described in paragraph (3);
`(bb) be in need of training services to obtain or retain
employment that leads to self-sufficiency or wages comparable to or higher
than previous employment; and
`(cc) have the skills and qualifications to successfully participate
in the selected program of training services;
`(II) who select programs of training services that are directly
linked to the employment opportunities in the local area or region
involved or in another area to which the adults or dislocated workers
are willing to commute or relocate;
`(III) who meet the requirements of subparagraph (B); and
`(IV) who are determined to be eligible in accordance with
the priority system in effect under subparagraph (E).
`(ii) SPECIAL RULE- A new interview, evaluation, or assessment
of a participant is not required under clause (i) if the one-stop
operator or one-stop partner determines that it is appropriate to
use a recent assessment of the participant conducted pursuant to another
education or training program.';
(ii) in subparagraph (B)(i), by striking `Except' and inserting
`Notwithstanding section 479B of the Higher Education Act of 1965
(20 U.S.C. 1087uu) and except';
(iii) in subparagraph (D)--
(I) in clause (viii), by striking `and' after the semicolon;
(II) in clause (ix), by striking the period and inserting `;
and'; and
(III) by adding at the end the following:
`(x) English language acquisition and integrated training programs.';
(iv) in subparagraph (F)--
(I) in clause (ii), by striking `referred to in subsection
(c), shall make available--' and all that follows and inserting
`shall make available a list of eligible providers of training services,
and accompanying information, in accordance with section 122(d).';
(II) in the heading of clause (iii), by striking `INDIVIDUAL
TRAINING ACCOUNTS' and inserting `CAREER SCHOLARSHIP ACCOUNTS';
(aa) by striking `identifying information' and inserting `accompanying
information';
(bb) by striking `clause (ii)(I)' and inserting `clause (ii)';
and
(cc) by striking `an individual training account' and inserting
`a career scholarship account'; and
(IV) by adding at the end the following:
`(iv) COORDINATION- Each local board may, through one-stop centers,
coordinate career scholarship accounts with other Federal, State,
local, or private job training programs or sources to assist the individual
in obtaining training services.'; and
(v) in subparagraph (G)--
(I) in the subparagraph heading, by striking `INDIVIDUAL TRAINING
ACCOUNTS' and inserting `CAREER SCHOLARSHIP ACCOUNTS';
(II) in clause (i), by striking `individual training accounts'
and inserting `career scholarship accounts';
(aa) by striking `an individual training account' and inserting
`a career scholarship account';
(bb) in subclause (II), by striking `individual training accounts'
and inserting `career scholarship accounts';
(cc) in subclause (II) by striking `or' after the semicolon;
(dd) in subclause (III), by striking `special participant
populations that face multiple barriers to employment' and inserting `hard-to-serve
populations';
(ee) in subclause (III), by striking the period and inserting
'`; or'; and
(ff) by adding at the end the following:
`(IV) the local board determines that it would be most appropriate
to award a contract to an institution of higher education in order
to facilitate the training of multiple individuals in high-demand
occupations, if such contract does not limit customer choice.';
and
(IV) by striking clause (iv).
(3) PERMISSIBLE ACTIVITIES- Section 134(e) (29 U.S.C. 2864(e)) is
amended--
(A) by striking the matter preceding paragraph (2) and inserting
the following:
`(e) PERMISSIBLE LOCAL EMPLOYMENT AND TRAINING ACTIVITIES-
`(A) ACTIVITIES- Funds allocated to a local area for adults under
paragraph (2)(A) or (3), as appropriate, of section 133(b), and funds
allocated to the local area for dislocated workers under section 133(b)(2)(B),
may be used to provide, through the one-stop delivery system involved--
`(i) customized screening and referral of qualified participants
in training services described in subsection (d)(4) to employers;
`(ii) customized employment-related services to employers on
a fee-for-service basis;
`(iii) customer support to enable members of hard-to-serve populations,
including individuals with disabilities, to navigate among multiple
services and activities for such populations;
`(iv) technical assistance and capacity building for serving
individuals with disabilities in local areas, for one-stop operators,
one-stop partners, and eligible providers, including the development
and training of staff, the provision of outreach, intake, assessments,
and service delivery, and the development of performance measures;
`(v) employment and training assistance provided in coordination
with child support enforcement activities of the State and local agencies
carrying out part D of title IV of the Social Security Act (42 U.S.C.
651 et seq.);
`(vi) activities to improve coordination among employment and
training assistance, child support services, and assistance provided
by State and local agencies carrying out part D of title IV of the
Social Security Act (42 U.S.C. 651 et seq.);
`(vii) activities to improve coordination between employment
and training assistance and cooperative extension programs carried
out by the Department of Agriculture;
`(viii) activities to facilitate remote access to services provided
through a one-stop delivery system, including facilitating access
through the use of technology;
`(I) to improve coordination between workforce investment activities
carried out within the local area involved and economic development
activities, and to promote entrepreneurial skills training and microenterprise
services; and
`(II) to improve services and linkages between the local workforce
investment system including the local one-stop delivery system,
and all employers, including small employers in the local area,
through services described in this section, including subparagraph
(B);
`(x) training programs for displaced homemakers and for individuals
training for nontraditional occupations, in conjunction with programs
operated in the local area;
`(xi) using a portion of the funds allocated under section 133(b),
activities to carry out business services and strategies that meet
the workforce investment needs of local area employers, as determined
by the local board, consistent with the local plan under section 118,
which services--
`(I) may be provided through effective business intermediaries
working in conjunction with the local board, and may also be provided
on a fee-for-service basis or through the leveraging of economic
development and other resources as determined appropriate by the
local board; and
`(aa) identifying and disseminating to business, educators,
and job seekers, information related to the workforce, economic and community
development needs, and opportunities of the local economy;
`(bb) development and delivery of innovative workforce investment
services and strategies for area businesses, which may include sectoral,
industry cluster, regional skills alliances, career ladder, skills upgrading,
skill standard development and certification, apprenticeship, and other
effective initiatives for meeting the workforce investment needs of area
employers and workers;
`(cc) participation in seminars and classes offered in partnership
with relevant organizations focusing on the workforce-related needs of area
employers and job seekers;
`(dd) training consulting, needs analysis, and brokering services
for area businesses, including the organization and aggregation of training
(which may be paid for with funds other than those provided under this title),
for individual employers and coalitions of employers with similar interests,
products, or workforce needs;
`(ee) assistance to area employers in the aversion of layoffs
and in managing reductions in force in coordination with rapid response
activities;
`(ff) the marketing of business services offered under this
title, to appropriate area employers, including small and mid-sized employers;
`(gg) information referral on concerns affecting local employers;
and
`(hh) other business services and strategies designed to better
engage employers in workforce investment activities and to make the workforce
investment system more relevant to the workforce investment needs of area
businesses, as determined by the local board to be consistent with the objectives
of this title;
`(xii) activities to adjust the self-sufficiency standards for
local factors, or activities to adopt, calculate, or commission a
self-sufficiency standard that specifies the income needs of families,
by family size, the number and ages of children in the family, and
sub-State geographical considerations; and
`(xiii) improved coordination between employment and training
assistance and programs carried out in the local area for individuals
with disabilities, including programs carried out by State agencies
relating to mental retardation and developmental disabilities, Statewide
Independent Living Councils established under section 705 of the Rehabilitation
Act of 1973 (29 U.S.C. 796d), and centers for independent living defined
in section 702 of the Rehabilitation Act of 1973 (29 U.S.C. 796a).
`(B) WORK SUPPORT ACTIVITIES FOR LOW-WAGE WORKERS-
`(i) IN GENERAL- Funds allocated to a local area for adults under
paragraph (2)(A) or (3), as appropriate, of section 133(b), and funds
allocated to the local area for dislocated workers under section 133(b)(2)(B),
may be used to provide, through the one-stop delivery system involved,
work support activities designed to assist low-wage workers in retaining
and enhancing employment. The one-stop partners shall coordinate the
appropriate programs and resources of the partners with the activities
and resources provided under this subparagraph.
`(ii) ACTIVITIES- The activities described in clause (i) may
include the provision of activities described in this section through
the one-stop delivery system in a manner that enhances the opportunities
of such workers to participate in the activities, such as the provision
of activities described in this section during nontraditional hours
and the provision of onsite child care while such activities are being
provided.'; and
(B) by adding at the end the following:
`(4) INCUMBENT WORKER TRAINING PROGRAMS-
`(A) IN GENERAL- The local board may use up to 10 percent of the
funds allocated to the local area involved under section 133(b) to pay
for the Federal share of the cost of providing training through an incumbent
worker training program carried out in accordance with this paragraph.
The Governor or State board may make recommendations to the local board
regarding incumbent worker training with statewide impact.
`(B) TRAINING ACTIVITIES- The training program for incumbent workers
carried out under this paragraph shall be carried out by the local board
in conjunction with the employers or groups of employers of such workers
for the purpose of assisting such workers in obtaining the skills necessary
to retain employment or avert layoffs.
`(C) EMPLOYER SHARE REQUIRED-
`(i) IN GENERAL- Employers participating in the program carried
out under this paragraph shall be required to pay the non-Federal
share of the costs of providing the training to incumbent workers
of the employers. The local board shall establish the non-Federal
share of such costs, which may include in-kind contributions. The
non-Federal share shall not be less than--
`(I) 10 percent of the costs, for employers with 50 or fewer
employees;
`(II) 25 percent of the costs, for employers with more than
50 employees but fewer than 100 employees; and
`(III) 50 percent of the costs, for employers with 100 or more
employees.
`(ii) CALCULATION OF EMPLOYER SHARE- The non-Federal share paid
by such an employer may include the amount of the wages paid by the
employer to a worker while the worker is attending a training program
under this paragraph.'.
SEC. 122. PERFORMANCE ACCOUNTABILITY SYSTEM.
(a) STATE PERFORMANCE MEASURES-
(1) INDICATORS OF PERFORMANCE- Section 136(b)(2)(A) (29 U.S.C. 2871(b)(2)(A))
is amended--
(i) in the matter preceding subclause (I), by striking `and (for
participants who are eligible youth age 19 through 21) for youth activities
authorized under section 129';
(ii) by striking subclause (III) and inserting the following:
`(III) increases in earnings from unsubsidized employment;
and'; and
(iii) in subclause (IV), by striking `, or by participants' and
all that follows through `unsubsidized employment'; and
(B) by striking clause (ii) and inserting the following:
`(ii) CORE INDICATORS FOR ELIGIBLE YOUTH- The core indicators
of performance for youth activities authorized under section 129 shall
consist of--
`(I) entry into employment, education or advanced training,
or military service;
`(II) school retention, and attainment of secondary school
diplomas or their recognized equivalents and of postsecondary certificates;
and
`(III) literacy or numeracy gains.'.
(2) ADDITIONAL INDICATORS- Section 136(b)(2)(C) (29 U.S.C. 2871(b)(2)(C))
is amended to read as follows:
`(C) ADDITIONAL INDICATORS- A State may identify in the State plan
additional indicators for workforce investment activities under this
subtitle, including indicators identified in collaboration with State
business and industry associations, with employee representatives where
applicable, and with local boards, to measure the performance of the
workforce investment system in serving the workforce needs of business
and industry in the State.'.
(3) LEVELS OF PERFORMANCE- Section 136(b)(3)(A) (29 U.S.C. 2871(b)(3)(A))
is amended--
(i) in the heading, by striking `FOR FIRST 3 YEARS';
(ii) by striking `and the customer satisfaction indicator of
performance, for the first 3' and inserting `described in clauses
(i) and (ii) of paragraph (2)(A) and the customer satisfaction indicator
of performance, for the first 2'; and
(iii) by inserting at the end the following: `Agreements on levels
of performance for each of the core indicators of performance for
the third and fourth program years covered by the State plan shall
be reached prior to the beginning of the third program year covered
by the State plan, and incorporated as a modification to the State
plan.';
(i) in the matter preceding subclause (I), by striking `or (v)';
(I) by striking `taking into account' and inserting `and shall
ensure that the levels involved are adjusted, using objective statistical
methods, based on';
(II) by inserting `(such as differences in unemployment rates
and job losses or gains in particular industries)' after `economic
conditions';
(III) by inserting `(such as indicators of poor work history,
lack of work experience, lack of educational or occupational skills
attainment, dislocation from high-wage and benefit employment, low
levels of literacy or English proficiency, disability status, homelessness,
ex-offender status, and welfare dependency)' after `program'; and
(IV) by striking `and' at the end;
(iii) in subclause (III), by striking the period and inserting
`; and'; and
(iv) by adding at the end the following:
`(IV) the extent to which the levels involved will assist the
State in meeting the national goals described in clause (v).';
(C) by striking clause (v) and inserting the following:
`(v) ESTABLISHMENT OF NATIONAL GOALS- In order to promote enhanced
performance outcomes on the performance measures and to facilitate
the process of reaching agreements with the States under clause (iii)
and to measure systemwide performance for the one-stop delivery systems
of the States, the Secretary shall establish long-term national goals
for the adjusted levels of performance for that systemwide performance
to be achieved by the programs assisted under chapters 4 and 5 on
the core indicators of performance described in subparagraphs (A)
and (B) of subsection (b)(2). Such goals shall be established in accordance
with the Government Performance and Results Act of 1993 in consultation
with the States and other appropriate parties.'; and
(i) by striking `or (v)'; and
(ii) by striking `with the representatives described in subsection
(i)' and inserting `with the States and other interested parties'.
(b) LOCAL PERFORMANCE MEASURES- Section 136(c)(3) (29 U.S.C. 2871(c)(3))
is amended--
(1) by striking `shall take into account' and inserting `shall ensure
that the levels involved are adjusted, using objective statistical methods,
based on';
(2) by inserting `characteristics (such as unemployment rates and
job losses or gains in particular industries)' after `economic'; and
(3) by inserting `characteristics (such as indicators of poor work
history, lack of work experience, lack of educational and occupational
skills attainment, dislocation from high-wage and benefit employment,
low levels of literacy or English proficiency, disability status, homelessness,
ex-offender status, and welfare dependency)' after `demographic'.
(c) REPORT- Section 136(d) (29 U.S.C. 2871(d)) is amended--
(1) in paragraph (1), by adding at the end the following: `In the
case of a State or local area that chooses to expend funds for activities
under subsection (a)(3)(A)(i) or (e)(1)(A)(xi), respectively, of section
134, the report also shall include the amount of such funds so expended
and the percentage that such funds are of the funds available for activities
under section 134.';
(A) in subparagraph (E)--
(i) by striking `(excluding participants who received only self-service
and informational activities)'; and
(ii) by striking `and' after the semicolon;
(B) in subparagraph (F)--
(i) by inserting `noncustodial parents with child support obligations,
homeless individuals,' after `displaced homemakers,'; and
(ii) by striking the period and inserting a semicolon; and
(C) by adding at the end the following:
`(G) the number of participants who have received services, other
than followup services, authorized under this title;
`(H) the number of participants who have received services, other
than followup services, authorized under this title, in the form of
core services described in section 134(d)(2), intensive services described
in section 134(d)(3), and training services described in section 134(d)(4),
respectively;
`(I) the number of participants who have received followup services
authorized under this title;
`(J) the cost per participant for services authorized under this
title; and
`(K) the amount of adult and dislocated worker funds spent on--
`(i) core, intensive, and training services, respectively; and
`(ii) services provided under subsection (a)(3)(A)(i) or (e)(1)(A)(xi)
of section 134, if applicable.'; and
(3) by adding at the end the following:
`(4) DATA VALIDATION- In preparing the reports described in this
subsection, the States shall establish procedures, consistent with guidelines
issued by the Secretary, to ensure that the information contained in the
reports is valid and reliable.'.
(d) EVALUATION OF STATE PROGRAMS- Section 136(e)(3) (29 U.S.C. 2871(e)(3))
is amended by inserting `, including information on promoting self-sufficiency
and comparable pay between men and women' after `employers'.
(e) SANCTIONS FOR STATE- Section 136(g)(1)(B) (29 U.S.C. 2871(g)(1)(B))
is amended by striking `If such failure continues for a second consecutive
year' and inserting `If a State performs at less than 80 percent of the
adjusted level of performance for core indicators of performance described
in subsection (b)(2)(A) for 2 consecutive years'.
(f) SANCTIONS FOR LOCAL AREA- Section 136(h)(2)(A) (29 U.S.C. 2871(h)(2)(A))
is amended--
(1) in the matter preceding clause (i), by striking `If such failure
continues for a second consecutive year' and inserting `If a local area
performs at less than 80 percent of the adjusted level of performance
for core indicators of performance described in subsection (b)(2)(A) for
2 consecutive years';
(2) in clause (ii), by striking `or' after the semicolon;
(3) by redesignating clause (iii) as clause (iv); and
(4) by inserting after clause (ii) the following:
`(iii) redesignate the local area in accordance with section
116(b)(2); or'.
(g) INCENTIVE GRANTS- Section 136(i) (29 U.S.C. 2871(i)) is amended
to read as follows:
`(i) INCENTIVE GRANTS FOR LOCAL AREAS-
`(1) IN GENERAL- From funds reserved under sections 128(a) and 133(a)(1),
the Governor involved shall award incentive grants to local areas for
performance described in paragraph (2).
`(2) BASIS- The Governor shall award the grants on the basis that
the local areas--
`(A) have exceeded the performance measures established under subsection
(c)(2) relating to indicators described in subsection (b)(3)(A)(iii);
or
`(i) met the performance measures established under subsection
(c)(2) relating to indicators described in subsection (b)(3)(A)(iii);
and
`(I) exemplary coordination of one-stop partner programs described
in section 121 with statewide economic development or business needs;
`(II) exemplary performance in the one-stop partner programs
in the State in serving hard-to-serve populations; or
`(aa) coordination of multiple systems for the one-stop partner
programs into a comprehensive workforce investment system, including coordination
of employment services under the Wagner-Peyser Act (29 U.S.C. 49 et seq.)
and core services under section 134(d)(2);
`(bb) expansion of access to training through the one-stop
partner programs, including expansion of access through increased leveraging
of resources other than those provided through programs under this title;
`(cc) implementation of coordination activities relating to
the one-stop partner programs, through agreements with relevant regional
or local agencies and offices, including those responsible for programs
under the Adult Education and Family Literacy Act (20 U.S.C. 9201 et seq.)
and the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.);
`(dd) regional coordination relating to the one-stop partner
programs, with other local boards or local areas;
`(ee) alignment of management information systems to integrate
participant information across the one-stop partner programs; or
`(ff) integration of performance information systems and common
measures for accountability across the one-stop partner programs.
`(3) USE OF FUNDS- The funds awarded to a local area under this subsection
may be used to carry out activities authorized for local areas in programs
carried out under this title, the Adult Education and Family Literacy
Act, and the Rehabilitation Act of 1973 (referred to in this subsection
as `workforce and education programs'), and such innovative projects or
programs that increase coordination and enhance service to participants
in such programs, particularly hard-to-serve populations, as may be approved
by the Governor, including--
`(A) activities that support business needs, especially for incumbent
workers and enhancing opportunities for retention and advancement;
`(B) activities that support linkages between the workforce and
education programs, and secondary, postsecondary, or career and technical
education programs, including activities under the Carl D. Perkins Vocational
and Technical Education Act of 1998 (20 U.S.C. 2301 et seq.), the Adult
Education and Family Literacy Act (20 U.S.C. 9201 et seq.), and the
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.);
`(C) activities that support regional economic development plans
that support high-wage, high-skill, or high-demand occupations leading
to self-sufficiency;
`(D) activities that coordinate the workforce and education programs
with other Federal and State programs related to the workforce and education
programs;
`(E) activities that support the development of an integrated performance
information system that includes common measures for one-stop partner
programs described in section 121;
`(F) activities that align management information systems with
integrated performance information across the one-stop partner programs;
`(G) activities that support activities to improve performance
in workforce and education programs and program coordination of workforce
and education programs; or
`(H) activities that leverage additional training resources, other
than those provided through workforce and education programs, for adults
and youth.
`(4) TECHNICAL ASSISTANCE- The Governor shall reserve 4 percent of
the funds available for grants under this subsection to provide technical
assistance to local areas--
`(A) to replicate best practices for workforce and education programs;
`(B) to develop integrated performance information systems for
the one-stop partner programs;
`(C) to strengthen coordination between workforce and education
programs, and other education programs; or
`(D) to strengthen regional economic development.'.
(h) USE OF CORE MEASURES IN OTHER DEPARTMENT OF LABOR PROGRAMS- Section
136 (29 U.S.C. 2871) is amended by adding at the end the following:
`(j) USE OF CORE INDICATORS FOR OTHER PROGRAMS- In addition to the
programs carried out under chapters 4 and 5, and consistent with the requirements
of the applicable authorizing laws, the Secretary shall use the indicators
of performance described in subparagraphs (A) and (B) of subsection (b)(2)
to assess the effectiveness of the programs described in clauses (i), (ii),
and (vi) of section 121(b)(1)(B) that are carried out by the Secretary.'.
(i) PREVIOUS DEFINITIONS OF CORE INDICATORS- Section 502 (29 U.S.C.
9272) is repealed.
SEC. 123. AUTHORIZATION OF APPROPRIATIONS.
(a) YOUTH ACTIVITIES- Section 137(a) (29 U.S.C. 2872(a)) is amended
by striking `such sums as may be necessary for each of fiscal years 1999
through 2003' and inserting `such sums as may be necessary for each of fiscal
years 2006 through 2011'.
(b) ADULT EMPLOYMENT AND TRAINING ACTIVITIES- Section 137(b) (29 U.S.C.
2872(b)) is amended by striking `such sums as may be necessary for each
of fiscal years 1999 through 2003' and inserting `such sums as may be necessary
for each of fiscal years 2006 through 2011'.
(c) DISLOCATED WORKER EMPLOYMENT AND TRAINING ACTIVITIES- Section 137(c)
(29 U.S.C. 2872(c)) is amended by striking `such sums as may be necessary
for each of fiscal years 1999 through 2003' and inserting `such sums as
may be necessary for each of fiscal years 2006 through 2011'.
Subtitle C--Job Corps
SEC. 131. JOB CORPS.
(a) ELIGIBILITY- Section 144(3) (29 U.S.C. 2884(3)) is amended by adding
at the end the following:
`(F) A child eligible for assistance under section 477 of the Social
Security Act (42 U.S.C. 677).'.
(b) IMPLEMENTATION OF STANDARDS AND PROCEDURES- Section 145(a)(3) (29
U.S.C. 2885(a)(3)) is amended--
(1) in subparagraph (B), by striking `and' after the semicolon;
(2) in subparagraph (C), by striking the period and inserting `;
and'; and
(3) by adding at the end the following:
`(D) child welfare agencies that are responsible for children in
foster care and children eligible for assistance under section 477 of
the Social Security Act (42 U.S.C. 677).'.
(c) INDUSTRY COUNCILS- Section 154(b) (29 U.S.C. 2894(b)) is amended--
(1) in paragraph (1)(A), by striking `local and distant'; and
(2) by adding at the end the following:
`(3) EMPLOYERS OUTSIDE OF LOCAL AREA- The industry council may include,
or otherwise provide for consultation with, employers from outside the
local area who are likely to hire a significant number of enrollees from
the Job Corps center.
`(4) SPECIAL RULE FOR SINGLE LOCAL AREA STATES- In the case of a
single local area State designated under section 116(b), the industry
council shall include a representative of the State Board.'.
(d) INDICATORS OF PERFORMANCE- Section 159 (29 U.S.C. 2899) is amended--
(A) by striking paragraph (1) and inserting the following:
`(1) PERFORMANCE INDICATORS- The Secretary shall annually establish
expected levels of performance for Job Corps centers and the Job Corps
program relating to each of the core indicators of performance for youth
activities identified in section 136(b)(2)(A)(ii).';
(B) in paragraph (2), by striking `measures' each place it appears
and inserting `indicators'; and
(i) in the first sentence, by striking `core performance measures,
as compared to the expected performance level for each performance
measure' and inserting `performance indicators described in paragraph
(1), as compared to the expected level of performance established
under paragraph (1) for each performance measure'; and
(ii) in the second sentence, by striking `measures' each place
it appears and inserting `indicators'; and
(2) in subsection (f)(2), in the first sentence, by striking `core
performance measures' and inserting `indicators of performance'.
(e) AUTHORIZATION OF APPROPRIATIONS- Section 161 (29 U.S.C. 2901) is
amended by striking `1999 through 2003' and inserting `2006 through 2011'.
Subtitle D--National Programs
SEC. 141. NATIVE AMERICAN PROGRAMS.
(a) ADVISORY COUNCIL- Section 166(h)(4)(C) (29 U.S.C. 2911(h)(4)(C))
is amended to read as follows:
`(C) DUTIES- The Council shall advise the Secretary on the operation
and administration of the programs assisted under this section, including
the selection of the individual appointed as head of the unit established
under paragraph (1).'.
(b) ASSISTANCE TO UNIQUE POPULATIONS IN ALASKA AND HAWAII- Section
166(j) (29 U.S.C. 2911(j)) is amended to read as follows:
`(j) ASSISTANCE TO UNIQUE POPULATIONS IN ALASKA AND HAWAII-
`(1) IN GENERAL- Notwithstanding any other provision of law, the
Secretary is authorized to provide assistance to the Cook Inlet Tribal
Council, Incorporated, and the University of Hawaii at Maui, for the unique
populations who reside in Alaska or Hawaii, to improve job training and
workforce investment activities.
`(2) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to carry out this subsection such sums as may be necessary
for each of fiscal years 2006 through 2011.'.
(c) PERFORMANCE INDICATORS- Section 166 (29 U.S.C. 2911) is amended
by adding at the end the following:
`(k) PERFORMANCE INDICATORS-
`(1) DEVELOPMENT OF INDICATORS- The Secretary, in consultation with
the Native American Employment and Training Council, shall develop a set
of performance indicators and standards which shall be applicable to programs
under this section.
`(2) SPECIAL CONSIDERATIONS- Such performance indicators and standards
shall take into account--
`(A) the purpose of this section as described in subsection (a)(1);
`(B) the needs of the groups served by this section, including
the differences in needs among such groups in various geographic service
areas; and
`(C) the economic circumstances of the communities served, including
differences in circumstances among various geographic service areas.'.
SEC. 142. MIGRANT AND SEASONAL FARMWORKER PROGRAMS.
Section 167 (29 U.S.C. 2912) is amended--
(1) in subsection (a), by striking `2' and inserting `2 to 4';
(2) in subsection (b), by inserting `and deliver' after `administer';
(A) in paragraph (1), by striking `2-year' and inserting `4-year';
(i) in subparagraph (A)--
(I) by inserting `describe the population to be served and'
before `identify'; and
(II) by inserting `, including upgraded employment in agriculture'
before the semicolon;
(ii) in subparagraph (B), by striking `and' at the end;
(iii) in subparagraph (C), by striking the period and inserting
a semicolon; and
(iv) by adding at the end the following:
`(D) describe the availability and accessibility of local resources
such as supportive services, services provided through one-stop delivery
systems, and education and training services, and how the resources
can be made available to the population to be served; and
`(E) describe the plan for providing services under this section,
including strategies and systems for outreach, case management, assessment,
and delivery through one-stop delivery systems.'; and
(C) by striking paragraph (4) and inserting the following:
`(4) COMPETITION- The competition for grants made and contracts entered
into under this section shall be conducted every 2 to 4 years.';
(4) in subsection (d), by striking `include' and all that follows
and inserting `include outreach, employment, training, educational assistance,
literary assistance, English language and literacy instruction, pesticide
and worker safety training, housing (including permanent housing), supportive
services, school dropout prevention activities, followup services for
those individuals placed in employment, self-employment and related business
or micro-enterprise development or education as needed by eligible individuals
and as identified pursuant to the plan required by subsection (c), customized
career and technical education in occupations that will lead to higher
wages, enhanced benefits, and long-term employment in agriculture or another
area, and technical assistance to improve coordination of services and
implement best practices relating to service delivery through one-stop
delivery systems.';
(5) in subsection (f), by striking `take into account the economic
circumstances and demographics of eligible migrant and seasonal farmworkers.'
and inserting `are adjusted based on the economic and demographic barriers
to employment of eligible migrant and seasonal farmworkers.';
(6) in subsection (g), by striking `(enacted by the Single Audit
Act of 1984)';
(A) by striking paragraph (1) and inserting the following:
`(1) DEPENDENT- The term `dependent', used with respect to an eligible
migrant or seasonal farmworker, means an individual who--
`(A) was claimed as a dependent on the farmworker's Federal income
tax return for the previous year;
`(B) is the spouse of the farmworker; or
`(C) is able to establish--
`(i) a relationship as the farmworker's--
`(I) biological or legally adopted child, grandchild, or great-grandchild;
`(IV) brother, sister, half-brother, half-sister, stepbrother,
or stepsister;
`(V) parent, grandparent, or other direct ancestor (but not
foster parent);
`(VI) stepfather or stepmother;
`(VIII) niece or nephew; or
`(IX) father-in-law, mother-in-law, son-in-law, daughter-in-law,
brother-in-law, or sister-in-law; and
`(ii) the receipt of over half of the individual's total support
from the farmworker's family during the eligibility determination
period for the farmworker.'; and
(B) in paragraph (4)(A)--
(i) by striking `disadvantaged person' and inserting `low-income
individual'; and
(ii) by inserting `and who faces multiple barriers to self-sufficiency'
before the semicolon;
(8) by redesignating subsection (h) as subsection (i); and
(9) by inserting before subsection (i) the following:
`(h) FUNDING ALLOCATION- From the funds appropriated and made available
to carry out this section, the Secretary shall reserve not more than 1 percent
for discretionary purposes, such as providing technical assistance to eligible
entities.'
SEC. 143. VETERANS' WORKFORCE INVESTMENT PROGRAMS.
Section 168(a)(3) (29 U.S.C. 2913(a)(3)) is amended--
(1) in subparagraph (A), by inserting `, including services provided
by one-stop operators and one-stop partners' before the semicolon; and
(2) in subparagraph (C), by striking `section 134(c)' and inserting
`section 121(e)'.
SEC. 144. YOUTH CHALLENGE GRANTS.
Section 169 (29 U.S.C. 2914) is amended to read as follows:
`SEC. 169. YOUTH CHALLENGE GRANTS.
`(a) IN GENERAL- Of the amounts reserved by the Secretary under section
127(b)(1)(A) for a fiscal year--
`(1) the Secretary shall use not less than 80 percent to award competitive
grants under subsection (b); and
`(2) the Secretary may use not more than 20 percent to award competitive
grants under subsection (c).
`(b) COMPETITIVE GRANTS TO STATES AND LOCAL AREAS-
`(1) ESTABLISHMENT- From the funds described in subsection (a)(1),
the Secretary shall award competitive grants to eligible entities to carry
out activities authorized under this subsection to assist eligible youth
in acquiring the skills, credentials, and employment experience necessary
to achieve the performance outcomes for youth described in section 136.
`(2) ELIGIBLE ENTITY- In this subsection, the term `eligible entity'
means--
`(A) a State or consortium of States;
`(B) a local board or consortium of local boards;
`(C) a recipient of a grant under section 166 (relating to Native
American programs); or
`(D) a public or private entity (including a consortium of such
entities) with expertise in the provision of youth activities, applying
in partnership with a local board or consortium of local boards.
`(3) APPLICATIONS- To be eligible to receive a grant under this subsection,
an eligible entity shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require, including--
`(A) a description of the activities the eligible entity will provide
to eligible youth under this subsection, and how the eligible entity
will collaborate with State and local workforce investment systems established
under this title in the provision of such activities;
`(B) a description of the programs of demonstrated effectiveness
on which the provision of the activities under subparagraph (A) are
based, and a description of how such activities will expand the base
of knowledge relating to the provision of activities for youth;
`(C) a description of the State, local, and private resources that
will be leveraged to provide the activities described under subparagraph
(A) in addition to funds provided under this subsection, and a description
of the extent of the involvement of employers in the activities;
`(D) the levels of performance the eligible entity expects to achieve
with respect to the indicators of performance for youth specified in
section 136(b)(2)(A)(ii); and
`(E) except in the case of an application submitted by an eligible
entity described in paragraph (2)(C)--
`(i) an assurance that the State board of each State in which
the proposed activities are to be carried out had the opportunity
to review the application; and
`(ii) the comments, if any, of the affected State boards on the
application.
`(A) IN GENERAL- In awarding grants under this subsection the Secretary
shall consider--
`(i) the quality of the proposed activities;
`(ii) the goals to be achieved;
`(iii) the likelihood of successful implementation;
`(iv) the extent to which the proposed activities are based on
proven strategies or the extent to which the proposed activities will
expand the base of knowledge relating to the provision of activities
for eligible youth;
`(v) the extent of collaboration with the State and local workforce
investment systems in carrying out the proposed activities;
`(vi) the extent of employer involvement in the proposed activities;
`(vii) whether there are other Federal and non-Federal funds
available for similar activities to the proposed activities, and the
additional State, local, and private resources that will be provided
to carry out the proposed activities;
`(viii) the quality of the proposed activities in meeting the
needs of the eligible youth to be served; and
`(ix) the extent to which the proposed activities will expand
on services provided under section 129.
`(B) EQUITABLE GEOGRAPHIC DISTRIBUTION- In awarding grants under
this subsection the Secretary shall ensure an equitable distribution
of such grants across geographically diverse areas.
`(A) IN GENERAL- An eligible entity that receives a grant under
this subsection shall use the grant funds to carry out activities that
are designed to assist eligible youth in acquiring the skills, credentials,
and employment experience that are necessary to succeed in the labor
market, including the activities identified in section 129.
`(B) ACTIVITIES- The activities carried out pursuant to subparagraph
(A) may include the following:
`(i) Training and internships for out-of-school youth in sectors
of the economy experiencing, or projected to experience, high growth.
`(ii) Dropout prevention activities for in-school youth.
`(iii) Activities designed to assist special youth populations,
such as court-involved youth and youth with disabilities.
`(iv) Activities combining remediation of academic skills, work
readiness training, and work experience, and including linkages to
postsecondary education, apprenticeships, and career-ladder employment.
`(v) Activities, including work experience, paid internships,
and entrepreneurial training, in areas where there is a migration
of youth out of the areas.
`(C) PARTICIPANT ELIGIBILITY- Youth who are 14 years of age through
21 years of age, as of the time the eligibility determination is made,
may be eligible to participate in activities carried out under this
subsection.
`(6) GRANT PERIOD- The Secretary shall make a grant under this subsection
for a period of 2 years and may renew the grant, if the eligible entity
has performed successfully, for a period of not more than 3 succeeding
years.
`(7) MATCHING FUNDS REQUIRED- The Secretary shall require that an
eligible entity that receives a grant under this subsection provide non-Federal
matching funds in an amount to be determined by the Secretary that is
not less than 10 percent of the cost of activities carried out under the
grant. The Secretary may require that such non-Federal matching funds
be provided in cash resources, noncash resources, or a combination of
cash and noncash resources.
`(8) EVALUATION- The Secretary shall reserve not more than 3 percent
of the funds described in subsection (a)(1) to provide technical assistance
to, and conduct evaluations of (using appropriate techniques as described
in section 172(c)), the projects funded under this subsection.
`(c) COMPETITIVE FIRST JOBS FOR YOUTH-
`(1) ELIGIBLE ENTITY- In this subsection, the term `eligible entity'
means a consortium that--
`(i)(I) a State board; or
`(ii) a consortium of businesses, including small businesses;
`(B) may include 1 or more--
`(i) local educational agencies;
`(ii) institutions of higher education;
`(iii) business intermediaries;
`(iv) community-based organizations; or
`(v) entities carrying out programs under the Act of August 16,
1937 (commonly known as the `National Apprenticeship Act'; 50 Stat.
664, chapter 663; 29 U.S.C. 50 et seq.); and
`(C) submits an application under paragraph (3).
`(2) AUTHORIZATION- From the funds described in subsection (a)(2),
the Secretary may award grants to eligible entities to provide activities
that will assist youth in preparing for, entering, and retaining employment.
`(3) APPLICATIONS- To be eligible to receive a grant under this subsection,
an entity shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may require,
including--
`(A) a description of the area to be served, including information
demonstrating that the area has--
`(i) high unemployment among individuals ages 16 through 21;
`(ii) high unemployment among youth who are individuals with
disabilities; or
`(B) a description of the proposed program, including activities,
compensation, and expected outcomes;
`(C) an assurance that the participating employers in the proposed
program are located in the area to be served, and a demonstration of
the commitment of the participating employers to hire individuals who--
`(i) have successfully completed the program; or
`(ii) continue to work in the program;
`(D) demographic information about the targeted populations to
be served by the proposed program, including information on gender,
age, and race;
`(E) a description of how the proposed program will address the
barriers to employment of the targeted populations;
`(F) a description of the manner in which the eligible entity will
evaluate the program; and
`(G) a description of the ability of the eligible entity to carry
out and expand the program after the expiration of the grant period.
`(4) EQUITABLE DISTRIBUTION TO RURAL AREAS- In awarding grants under
this subsection, the Secretary shall ensure an equitable distribution
of such grants to rural areas.
`(A) IN GENERAL- An eligible entity that receives a grant under
this subsection shall use the grant funds to carry out--
`(i) activities that will assist youth in preparing for, entering,
and retaining employment, including the activities described in section
129 for out-of-school youth (as defined in section 129(a));
`(ii) activities designed to strengthen academic skills that
would assist--
`(I) in-school youth (as so defined) to be successful in secondary
school and continue such participants' education; and
`(II) out-of-school youth (as so defined) to earn a high school
diploma or its recognized equivalent, or prepare for postsecondary
programs;
`(iii) activities designed to assist youth in economically distressed
areas;
`(iv) subsidized employment for not more than 9 months that provides
direct experience in a sector that has opportunities for full-time
employment;
`(v) career and academic advisement, activities to promote financial
literacy and the attainment of entrepreneurial skills, and provision
of labor market information on high-skill, high-wage, and nontraditional
occupations; and
`(vi) such other activities as the Secretary determines are appropriate
to ensure that youth entering the workforce have the skills needed
by employers.
`(B) PARTICIPANT ELIGIBILITY- An individual who is not younger
than 16 years of age and not older than 21 years of age, as of the time
the eligibility determination is made, who faces barriers to employment,
including an individual who is an individual with a disability, may
be eligible to participate in activities under this subsection.
`(6) SPECIAL RULE- An eligible entity that receives a grant under
this subsection shall coordinate activities with the designated State
agency (as defined in section 7 of the Rehabilitation Act of 1973 (29
U.S.C. 705)) and other appropriate State agencies in the State to be served.
`(7) MATCHING FUNDS REQUIRED- The Secretary shall require that an
eligible entity that receives a grant under this subsection provide non-Federal
matching funds in an amount to be determined by the Secretary that is
not less than 10 percent of the cost of activities carried out with assistance
provided under the grant. The Secretary may require that such non-Federal
matching funds be provided in cash resources, noncash resources, or a
combination of cash and noncash resources.
`(8) EVALUATIONS- The Secretary may require that an eligible entity
that receives a grant under this subsection participate in an evaluation
of activities carried out under this subsection, including an evaluation
using the techniques described in section 172(c).'.
SEC. 145. TECHNICAL ASSISTANCE.
Section 170 (29 U.S.C. 2915) is amended--
(1) in subsection (a)(1), by--
(A) inserting `the training of staff providing rapid response services,
the training of other staff of recipients of funds under this title,
the training of members of State boards and local boards, peer review
activities under this title,' after `localities,'; and
(B) striking `from carrying out activities' and all that follows
through the period and inserting `to implement the amendments made by
the Workforce Investment Act Amendments of 2005.';
(2) in subsection (a)(2), by adding at the end the following: `The
Secretary shall also hire staff qualified to provide the assistance described
in paragraph (1).';
(3) in subsection (b)(2), by striking the last sentence and inserting
`Such projects shall be administered by the Employment and Training Administration.';
and
(4) by adding at the end the following:
`(c) BEST PRACTICES COORDINATION- The Secretary shall--
`(1) establish a system through which States may share information
regarding best practices with regard to the operation of workforce investment
activities under this Act;
`(2) evaluate and disseminate information regarding best practices
and identify knowledge gaps; and
`(3) commission research under section 171(c) to address knowledge
gaps identified under paragraph (2).'.
SEC. 146. DEMONSTRATION, PILOT, MULTISERVICE, RESEARCH, AND MULTISTATE
PROJECTS.
(a) DEMONSTRATION AND PILOT PROJECTS- Section 171(b) (29 U.S.C. 2916(b))
is amended--
(A) by striking `Under a' and inserting `Consistent with the priorities
specified in the';
(B) by redesignating subparagraphs (F) through (H) as subparagraphs
(H) through (J), respectively;
(C) by striking subparagraphs (A) through (E) and inserting the
following:
`(A) projects that assist national employers in connecting with
the workforce investment system established under this title in order
to facilitate the recruitment and employment of needed workers for career
ladder jobs and to provide information to such system on skills and
occupations in demand;
`(B) projects that promote the development of systems that will
improve the maximum effectiveness of programs carried out under this
title;
`(C) projects that focus on opportunities for employment in industries
and sectors of industries that are experiencing, or are likely to experience,
high rates of growth and jobs with wages leading to self-sufficiency;
`(D) projects that focus on collaborations among local boards,
institutions of higher education, medical facilities, and other community
stakeholders, to promote opportunities for dislocated workers to receive
training and related services for employment in the high-demand health
care sector;
`(E) projects that focus on career ladder advancement for nursing
care providers, including faculty education and distance learning programs;
`(F) computerized, individualized, self-paced training projects
targeted to dislocated, disadvantaged, or incumbent workers utilizing
equipment and curriculum designed in partnership with industries for
employment in the operations, repair, and maintenance of high-tech equipment
that is used in integrated systems technology;
`(G) projects carried out by States and local areas to test innovative
approaches to delivering employment-related services;';
(D) in subparagraph (I) (as redesignated by subparagraph (B)),
by striking `and' after the semicolon; and
(E) by striking subparagraph (J) (as redesignated by subparagraph
(B)), and inserting the following:
`(J) projects that provide retention grants, which shall--
`(i) be made to qualified job training programs offering instruction,
assessment, or professional coaching, upon placement of a low-income
individual trained by the program involved in employment with an employer
and retention of the low-income individual in that employment with
that employer for a period of 1 year, if that employment provides
the low-income individual with an annual salary--
`(I) that is at least $10,000 more than the individual's federally
adjusted income for the previous year; and
`(II) that is not less than twice the poverty line applicable
to the individual; and
`(ii) be made taking into account the economic benefit received
by the Federal Government from the employment and retention of the
individual, including the economic benefit from tax revenue and decreased
public subsidies;
`(K) targeted innovation projects that improve access to and delivery
of employment and training services, with emphasis given to projects
that incorporate advanced technologies to facilitate the connection
of individuals to the information and tools the individuals need to
upgrade skills;
`(L) projects that promote the use of distance learning, enabling
students to take courses through the use of media technology such as
videos, teleconferencing computers, and the Internet; and
`(M) projects that provide comprehensive education and training
services, and support services, in coordination with local boards, for
populations in targeted high poverty areas where the greatest barriers
to employment exist, including ex-offenders, out-of-school youth, and
public assistance recipient populations.'; and
(A) by striking subparagraph (B); and
(B) by redesignating subparagraph (C) as subparagraph (B).
(b) MULTISERVICE PROJECTS- Section 171(c)(2)(B) (29 U.S.C. 2916(c)(2)(B))
is amended to read as follows:
`(B) STUDIES AND REPORTS-
`(i) NET IMPACT STUDIES AND REPORTS-
`(I) IN GENERAL- The Secretary, in coordination with the Secretary
of Education, shall conduct studies to determine the net impacts
of, including best practices of, programs, services, and activities
carried out under this title.
`(II) REPORTS- The Secretary shall prepare and disseminate
to the public reports containing the results of the studies conducted
under subclause (I).
`(ii) STUDY ON RESOURCES AVAILABLE TO ASSIST OUT-OF-SCHOOL YOUTH-
The Secretary, in coordination with the Secretary of Education, may
conduct a study examining the resources available at the Federal,
State, and local levels to assist out-of-school youth in obtaining
the skills, credentials, and work experience necessary to become successfully
employed, including the availability of funds provided through average
daily attendance and other methodologies used by States and local
areas to distribute funds.
`(iii) STUDY OF INDUSTRY-BASED CERTIFICATION AND CREDENTIALS-
`(I) IN GENERAL- The Secretary shall conduct a study concerning
the role and benefits of credentialing and certification to businesses
and workers in the economy and the implications of certification
to the services provided through the workforce investment system.
The study may examine issues such as--
`(aa) the characteristics of successful credentialing and
certification systems that serve business and individual needs;
`(bb) the relative proportions of certificates and credentials
attained with assistance from the public sector, with private-sector training
of new hires or incumbent workers, and by individuals on their own initiative
without other assistance, respectively;
`(cc) the return on human capital investments from occupational
credentials and industry-based skill certifications, including the extent
to which acquisition of such credentials or certificates enhances outcomes
such as entry into employment, retention, earnings (including the number
and amount of wage increases), career advancement, and layoff aversion;
`(dd) the implications of the effects of skill certifications
and credentials to the types and delivery of services provided through the
workforce investment system;
`(ee) the role that Federal and State governments play in
fostering the development of and disseminating credentials and skill standards;
and
`(ff) the use of credentials by businesses to achieve goals
for workforce skill upgrading and greater operating efficiency.
`(II) REPORT TO CONGRESS- The Secretary shall prepare and submit
to Congress a report containing the results of the study conducted
pursuant to subclause (I). Such report may include any recommendations
that the Secretary determines are appropriate to include in such
report relating to promoting the acquisition of industry-based certification
and credentials, and the appropriate role of the Department of Labor
and the workforce investment system in supporting the needs of business
and individuals with respect to such certification and credentials.
`(iv) STUDY OF EFFECTIVENESS OF WORKFORCE INVESTMENT SYSTEM IN
MEETING BUSINESS NEEDS-
`(I) IN GENERAL- Using funds available to carry out this section
jointly with funds available to the Secretary of Commerce and Administrator
of the Small Business Administration, the Secretary, in coordination
with the Secretary of Commerce and the Administrator of the Small
Business Administration, may conduct a study of the effectiveness
of the workforce investment system in meeting the needs of business,
with particular attention to the needs of small business, including
in assisting workers to obtain the skills needed to utilize emerging
technologies. In conducting the study, the Secretary, in coordination
with the Secretary of Commerce and the Administrator of the Small
Business Administration, may examine issues such as--
`(aa) methods for identifying the workforce needs of businesses
and how the requirements of small businesses may differ from larger establishments;
`(bb) business satisfaction with the workforce investment
system, with particular emphasis on the satisfaction of small businesses;
`(cc) the extent to which business is engaged as a collaborative
partner in the workforce investment system, including the extent of business
involvement as members of State boards and local boards, and the extent
to which such boards and one-stop centers effectively collaborate with business
and industry leaders in developing workforce investment strategies, including
strategies to identify high growth opportunities;
`(dd) ways in which the workforce investment system addresses
changing skill needs of business that result from changes in technology
and work processes;
`(ee) promising practices for serving small businesses;
`(ff) the extent and manner in which the workforce investment
system uses technology to serve business and individual needs, and how uses
of technology could enhance efficiency and effectiveness in providing services;
and
`(gg) the extent to which various segments of the labor force
have access to and utilize technology to locate job openings and apply for
jobs, and characteristics of individuals utilizing such technology (such
as age, gender, race or ethnicity, industry sector, and occupational groups).
`(II) REPORT TO CONGRESS- The Secretary shall prepare and submit
to Congress a report containing the results of the study described
in subclause (I). Such report may include any recommendations the
Secretary determines are appropriate to include in such report,
including ways to enhance the effectiveness of the workforce investment
system in meeting the needs of business for skilled workers.'.
(c) ADMINISTRATION- Section 171(d) (29 U.S.C. 2916(d)) is amended by
striking the last sentence and inserting the following: `Such projects shall
be administered by the Employment and Training Administration.'.
(d) NEXT GENERATION TECHNOLOGIES- Section 171 (29 U.S.C. 2916) is amended
by adding at the end the following:
`(e) SKILL CERTIFICATION PILOT PROJECTS-
`(1) PILOT PROJECTS- In accordance with subsection (b) and from funds
appropriated pursuant to paragraph (10), the Secretary shall establish
and carry out not more than 10 pilot projects to establish a system of
industry-validated national certifications of skills, including--
`(A) not more than 8 national certifications of skills in high-technology
and high-growth industries, including biotechnology, telecommunications,
highly automated manufacturing (including semiconductors), nanotechnology,
energy technology, and nursing; and
`(B) not more than 2 cross-disciplinary national certifications
of skills in homeland security technology.
`(2) GRANTS TO ELIGIBLE ENTITIES- In carrying out the pilot projects,
the Secretary shall make grants to eligible entities, for periods of not
less than 36 months and not more than 48 months, to carry out the authorized
activities described in paragraph (7) with respect to the certifications
described in paragraph (1). In awarding grants under this subsection the
Secretary shall take into consideration awarding grants to eligible entities
from diverse geographic areas, including rural areas.
`(A) DEFINITION OF ELIGIBLE ENTITY- In this subsection the term
`eligible entity' means an entity that shall work in conjunction with
a local board and shall include as a principal participant 1 or more
of the following:
`(i) An educational institution, including a 2- or 4-year college,
or a technical or vocational school.
`(ii) An advanced technology education center.
`(iv) A representative of a business in a target industry for
the certification involved.
`(v) A representative of an industry association, labor organization,
or community development organization.
`(B) HISTORY OF DEMONSTRATED CAPABILITY REQUIRED- To be eligible
to receive a grant under this subsection, an eligible entity shall have
a history of demonstrated capability for effective collaboration with
industry on workforce investment activities that is consistent with
the objectives of this title.
`(4) APPLICATIONS- To be eligible to receive a grant under this subsection,
an eligible entity shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require.
`(5) CRITERIA- The Secretary shall establish criteria, consistent
with paragraph (6), for awarding grants under this subsection.
`(6) PRIORITY- In selecting eligible entities to receive grants under
this subsection, the Secretary shall give priority to eligible entities
that demonstrate the availability of and ability to provide matching funds
from industry or nonprofit sources. Such matching funds may be provided
in cash or in kind.
`(7) AUTHORIZED ACTIVITIES-
`(A) IN GENERAL- An eligible entity that receives a grant under
this subsection shall use the funds made available through the grant--
`(i) to facilitate the establishment of certification requirements
for a certification described in paragraph (1) for an industry;
`(ii) to develop and initiate a certification program that includes
preparatory courses, course materials, procedures, and examinations,
for the certification; and
`(iii) to collect and analyze data related to the program at
the program's completion, and to identify best practices (consistent
with paragraph (8)) that may be used by State and local workforce
investment boards in the future.
`(B) BASIS FOR REQUIREMENTS- The certification requirements established
under the grant shall be based on applicable skill standards for the
industry involved that have been developed by or linked to national
centers of excellence under the National Science Foundation's Advanced
Technological Education Program. The requirements shall require an individual
to demonstrate an identifiable set of competencies relevant to the industry
in order to receive certification. The requirements shall be designed
to provide evidence of a transferable skill set that allows flexibility
and mobility of workers within a high technology industry.
`(C) RELATIONSHIP TO TRAINING AND EDUCATION PROGRAMS- The eligible
entity shall ensure that--
`(i) a training and education program related to competencies
for the industry involved, that is flexible in mode and timeframe
for delivery and that meets the needs of those seeking the certification,
is offered; and
`(ii) the certification program is offered at the completion
of the training and education program.
`(D) RELATIONSHIP TO THE ASSOCIATE DEGREE- The eligible entity
shall ensure that the certification program is consistent with the requirements
for a 2-year associate degree.
`(E) AVAILABILITY- The eligible entity shall ensure that the certification
program is open to students pursuing associate degrees, employed workers,
and displaced workers.
`(8) CONSULTATION- The Secretary shall consult with the Director
of the National Science Foundation to ensure that the pilot projects build
on the expertise and information about best practices gained through the
implementation of the National Science Foundation's Advanced Technological
Education Program.
`(9) CORE COMPONENTS; GUIDELINES; REPORTS- After collecting and analyzing
the data obtained from the pilot programs, the Secretary shall--
`(A) establish the core components of a model high-technology certification
program;
`(B) establish guidelines to assure development of a uniform set
of standards and policies for such programs;
`(C) prepare and submit a report on the pilot projects to the Committee
on Health, Education, Labor, and Pensions of the Senate and the Committee
on Education and the Workforce of the House of Representatives; and
`(D) make available to the public both the data and the report.
`(10) AUTHORIZATION OF APPROPRIATIONS- In addition to amounts authorized
to be appropriated under section 174(b), there is authorized to be appropriated
$30,000,000 for fiscal year 2006 to carry out this subsection.'.
(e) INTEGRATED WORKFORCE TRAINING PROGRAMS FOR ADULTS WITH LIMITED
ENGLISH PROFICIENCY- Section 171 (29 U.S.C. 2916), as amended by subsection
(d), is further amended by adding at the end the following:
`(f) INTEGRATED WORKFORCE TRAINING PROGRAMS FOR ADULTS WITH LIMITED
ENGLISH PROFICIENCY-
`(1) DEFINITIONS- In this subsection:
`(A) INTEGRATED WORKFORCE TRAINING- The term `integrated workforce
training' means training that integrates occupational skills training
with language acquisition.
`(B) SECRETARY- The term `Secretary' means the Secretary of Labor
in consultation with the Secretary of Education.
`(2) DEMONSTRATION PROJECT- In accordance with subsection (b) and
from funds appropriated pursuant to paragraph (11), the Secretary shall
establish and implement a national demonstration project designed to both
analyze and provide data on workforce training programs that integrate
English language acquisition and occupational training.
`(A) IN GENERAL- In carrying out the demonstration project, the
Secretary shall make not less than 10 grants, on a competitive basis,
to eligible entities to provide the integrated workforce training programs.
In awarding grants under this subsection the Secretary shall take into
consideration awarding grants to eligible entities from diverse geographic
areas, including rural areas.
`(B) PERIODS- The Secretary shall make the grants for periods of
not less than 24 months and not more than 48 months.
`(A) IN GENERAL- To be eligible to receive a grant under this subsection,
an eligible entity shall work in conjunction with a local board and
shall include as a principal participant 1 or more of the following:
`(i) An employer or employer association.
`(ii) A nonprofit provider of English language instruction.
`(iii) A provider of occupational or skills training.
`(iv) A community-based organization.
`(v) An educational institution, including a 2- or 4-year college,
or a technical or vocational school.
`(vi) A labor organization.
`(B) EXPERTISE- To be eligible to receive a grant under this subsection,
an eligible entity shall have proven expertise in--
`(i) serving individuals with limited English proficiency, including
individuals with lower levels of oral and written English; and
`(ii) providing workforce programs with training and English
language instruction.
`(A) IN GENERAL- To be eligible to receive a grant under this subsection,
an eligible entity shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require.
`(B) CONTENTS- Each application submitted under subparagraph (A)
shall--
`(i) contain information, including capability statements, that
demonstrates that the eligible entity has the expertise described
in paragraph (4)(B); and
`(ii) include an assurance that the program to be assisted shall--
`(I) establish a generalized adult bilingual workforce training
and education model that integrates English language acquisition
and occupational training, and incorporates the unique linguistic
and cultural factors of the participants;
`(II) establish a framework by which the employer, employee,
and other relevant members of the eligible entity can create a career
development and training plan that assists both the employer and
the employee to meet their long-term needs;
`(III) ensure that the framework established under subclause
(II) takes into consideration the knowledge, skills, and abilities
of the employee with respect to both the current and economic conditions
of the employer and future labor market conditions relevant to the
local area; and
`(IV) establish identifiable measures so that the progress
of the employee and employer and the relative efficacy of the program
can be evaluated and best practices identified.
`(6) CRITERIA- The Secretary shall establish criteria for awarding
grants under this subsection.
`(7) INTEGRATED WORKFORCE TRAINING PROGRAMS-
`(i) REQUIRED COMPONENTS- Each program that receives funding
under this subsection shall--
`(I) test an individual's English language proficiency levels
to assess oral and literacy gains from the beginning and throughout
program enrollment;
`(II) combine training specific to a particular occupation
or occupational cluster, with--
`(aa) English language instruction, such as instruction through
an English as a Second Language program, or an English for Speakers of Other
Languages program;
`(bb) basic skills instruction; and
`(cc) supportive services;
`(III) effectively integrate public and private sector entities,
including the local workforce investment system and its functions,
to achieve the goals of the program; and
`(IV) require matching or in-kind resources from private and
nonprofit entities.
`(ii) PERMISSIBLE COMPONENTS- The program may offer other services,
as necessary to promote successful participation and completion, including
work-based learning, substance abuse treatment, and mental health
services.
`(B) GOAL- Each program that receives funding under this subsection
shall be designed to prepare limited English proficient adults for,
and place such adults in employment in, growing industries with identifiable
career ladder paths.
`(C) PROGRAM TYPES- In selecting programs to receive funding under
this subsection, the Secretary shall select programs that meet 1 or
more of the following criteria:
`(I) that serves unemployed, limited English proficient individuals
with significant work experience or substantial education but persistently
low wages;
`(II) that aims to prepare such individuals for, and place
such individuals in, higher paying employment, defined for purposes
of this subparagraph as employment that provides at least 75 percent
of the median wage in the local area; and
`(III) with funding that includes funds from private and nonprofit
entities.
`(I) that serves limited English proficient individuals with
lower levels of oral and written fluency, who are working but at
persistently low wages;
`(II) that aims to prepare such individuals for, and place
such individuals in, higher paying employment, through services
provided at the worksite, or at a location central to several work
sites, during work hours; and
`(III) with funding that includes funds from private and nonprofit
entities.
`(I) that serves unemployed, limited English proficient individuals
with lower levels of oral and written fluency, who have little or
no work experience;
`(II) that aims to prepare such individuals for, and place
such individuals in, employment through services that include subsidized
employment, in addition to the components required in subparagraph
(A)(i); and
`(III) with funding that includes funds from private and nonprofit
entities.
`(D) PROGRAM APPROACHES- In selecting programs to receive funding
under this subsection, the Secretary shall select programs with different
approaches to integrated workforce training, in different contexts,
in order to obtain comparative data on multiple approaches to integrated
workforce training and English language instruction, to ensure programs
are tailored to characteristics of individuals with varying skill levels,
and to assess how different curricula work for limited English proficient
populations. Such approaches may include--
`(i) bilingual programs in which the workplace language component
and the training are conducted in a combination of an individual's
native language and English;
`(ii) integrated workforce training programs that combine basic
skills, language instruction, and job specific skills training; or
`(iii) sequential programs that provide a progression of skills,
language, and training to ensure success upon an individual's completion
of the program.
`(8) EVALUATION BY ELIGIBLE ENTITY- Each eligible entity that receives
a grant under this subsection for a program shall carry out a continuous
program evaluation and an evaluation specific to the last phase of the
program operations.
`(9) EVALUATION BY SECRETARY-
`(A) IN GENERAL- The Secretary shall conduct an evaluation of program
impacts of the programs funded under the demonstration project, using
an impact study with a random assignment experimental design at each
worksite at which such a program is carried out.
`(B) DATA COLLECTION AND ANALYSIS- The Secretary shall collect
and analyze the data from the demonstration project to determine program
effectiveness, including gains in language proficiency, acquisition
of skills, and job advancement for program participants.
`(C) REPORT- The Secretary shall prepare and submit to the Committee
on Health, Education, Labor, and Pensions of the Senate and the Committee
on Education and the Workforce of the House of Representatives, and
make available to the public, a report on the demonstration project,
including the results of the evaluation.
`(10) TECHNICAL ASSISTANCE- The Secretary shall provide technical
assistance to recipients of grants under this subsection throughout the
grant periods.
`(11) AUTHORIZATION OF APPROPRIATIONS- In addition to amounts authorized
to be appropriated under section 174(b), there is authorized to be appropriated
$10,000,000 for fiscal year 2006 to carry out this subsection.'.
(f) COMMUNITY-BASED JOB TRAINING- Section 171 (29 U.S.C. 2916), as
amended by subsection (e), is further amended by adding at the end the following:
`(g) Community-Based Job Training-
`(1) DEFINITIONS- In this subsection:
`(A) COMMUNITY COLLEGE- The term `community college' means--
`(i) an institution of higher education, as defined in section
101 of the Higher Education Act of 1965 (20 U.S.C. 1001), that provides
a 2-year degree that is acceptable for full credit toward a bachelor's
degree; or
`(ii) a tribally controlled college or university, as defined
in section 2 of the Tribally Controlled College or University Assistance
Act of 1978 (25 U.S.C. 1801).
`(B) ELIGIBLE ENTITY- The term `eligible entity' means a community
college, a consortium of community colleges, or a consortium composed
of a community college and 1 or more institutions of higher education,
that shall work with--
`(ii) a business in the qualified industry or an industry association
in the qualified industry, as identified in the application of the
entity; and
`(iii) an economic development entity.
`(C) INSTITUTION OF HIGHER EDUCATION- Except as otherwise provided
in subparagraph (A)(i), the term `institution of higher education' has
the meaning given the term in section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001) and the meaning given the term `postsecondary
vocational institution' in section 102(a)(1)(B) of such Act (20 U.S.C.
1002(a)(1)(B)).
`(D) QUALIFIED INDUSTRY- The term `qualified industry' means an
industry or economic sector that is projected to experience significant
growth, such as an industry or economic sector that--
`(i) is projected to add substantial numbers of new jobs to the
regional economy;
`(ii) has or is projected to have significant impact on the regional
economy;
`(iii) impacts or is projected to impact the growth of other
industries or economic sectors in the regional economy;
`(iv) is being transformed by technology and innovation requiring
new knowledge or skill sets for workers;
`(v) is a new or emerging industry or economic sector that is
projected to grow; or
`(vi) requires high skills and has significant labor shortages
in the regional economy.
`(2) DEMONSTRATION PROJECT- In addition to the demonstration projects
authorized under subsection (b), the Secretary may establish and implement
a national demonstration project designed--
`(A) to develop local innovative solutions to the workforce challenges
facing high-growth, high-skill industries with labor shortages; and
`(B) to increase employment opportunities for workers in high-growth,
high-demand occupations by establishing partnerships among education
entities, the State workforce investment systems, and businesses in
high-growth, high-skill industries or sectors.
`(3) GRANTS- In carrying out the national demonstration project authorized
under this subsection, the Secretary shall award grants, on a competitive
basis, for 2, 3, or 4 years, in accordance with generally applicable Federal
requirements, to eligible entities to enable the eligible entities to
carry out activities authorized under this subsection.
`(4) APPLICATIONS- To be eligible to receive a grant under this subsection,
an eligible entity shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require, including--
`(A) a description of the eligible entity that will offer training
under the grant;
`(B) a justification of the need for discretionary funding under
the grant, including the need for external funds to create a program
to carry out the activities described in paragraph (6);
`(C) an economic analysis of the local labor market to identify--
`(i) high-growth, high-demand industries;
`(ii) the workforce issues faced by such industries; and
`(iii) potential participants in programs funded under this subsection;
`(D) a description of the qualified industry for which the training
will occur, the availability of competencies on which the training will
be based, and how the grant will help workers acquire the competencies
and skills necessary for employment;
`(E) a description of the involvement of the local board and businesses,
including small businesses, in the geographic area where the proposed
grant will be implemented;
`(F) performance measures for the grant, including performance
measures for the expected number of individuals to be trained in a qualified
industry, the employment and retention rates for such individuals in
a qualified industry, and initial earnings and earnings increases for
such individuals;
`(G) a description of how the activities funded by the grant will
be coordinated with activities provided through the one-stop center
in the local area; and
`(H) a description of the local or private resources that will--
`(i) support the activities carried out under this subsection;
and
`(ii) enable the entity to carry out and expand such activities
after the expiration of the grant.
`(5) FACTORS FOR AWARD OF GRANT-
`(A) IN GENERAL- In awarding grants under this subsection, the
Secretary shall consider--
`(i) the extent of public and private collaboration, including
existing partnerships among qualified industries, the eligible entity,
and the public workforce investment system;
`(ii) the extent to which the grant will provide job seekers
with high-quality training for employment in high-growth, high-demand
occupations;
`(iii) the extent to which the grant will expand the eligible
entity and local one-stop center's capacity to be demand-driven and
responsive to local economic needs;
`(iv) the extent to which local businesses commit to hire, retain,
or advance individuals who receive training through the grant; and
`(v) the extent to which the eligible entity commits to make
any newly developed products, such as skill standards, assessments,
or industry-recognized training curricula, available for dissemination
nationally.
`(B) LEVERAGING OF RESOURCES- In awarding grants under this subsection,
the Secretary shall also consider--
`(i) the extent to which local or private resources will be made
available to support the activities carried out under this subsection,
taking into account the resources of the eligible entity and the entity's
partners; and
`(ii) the ability of an eligible entity to continue to carry
out and expand such activities after the expiration of the grant.
`(C) DISTRIBUTION OF GRANTS- In awarding grants under this subsection,
the Secretary shall ensure an equitable distribution of such grants
across diverse industries and geographic areas.
`(6) USE OF FUNDS- An eligible entity that receives a grant under
this subsection--
`(A) shall use the grant funds for--
`(i) the development by the community college that is a part
of the eligible entity in collaboration with other partners identified
in the application, and, if applicable, other representatives of qualified
industries, of rigorous training and education programs leading to
an industry-recognized credential or degree and employment in the
qualified industry; and
`(ii) training of adults, incumbent workers, dislocated workers,
or out-of-school youth in the skills and competencies needed to obtain
or upgrade employment in a qualified industry identified in the eligible
entity's application; and
`(B) may use the grant funds for--
`(i) disseminating information on training available for high-growth,
high-demand occupations in qualified industries through the one-stop
delivery system to prospective participants, businesses, business
intermediaries, and community-based organizations in the region, including
training available through the grant;
`(ii) referring individuals trained under the grant for employment
in qualified industries;
`(iii) enhancing integration of community colleges, training
and education with businesses, and the one-stop system to meet the
training needs of qualified industries for new and incumbent workers;
`(iv) providing training and relevant job skills to small business
owners or operators to facilitate small business development in high-growth,
high-skill industries; or
`(v) expanding or creating programs for distance, evening, weekend,
modular, or compressed learning opportunities that provide training
and relevant job skills for high-growth, high-demand occupations.
`(7) AUTHORITY TO REQUIRE NON-FEDERAL SHARE- The Secretary may require
that recipients of grants under this subsection provide a non-Federal
share, from either cash or noncash resources, of the costs of activities
carried out under a grant awarded under this subsection.
`(8) PERFORMANCE ACCOUNTABILITY AND EVALUATION-
`(A) PERFORMANCE ACCOUNTABILITY- The Secretary shall require an
eligible entity that receives a grant under this subsection to submit
an interim and final report to the Secretary on the impact on business
partners and employment outcomes obtained by individuals receiving training
under this subsection using the performance measures identified in the
eligible entity's grant application.
`(B) EVALUATION- The Secretary shall require that an eligible entity
that receives a grant under this subsection participate in an evaluation
of activities carried out under this subsection, including an evaluation
using the techniques described in section 172(c).'.
SEC. 147. NATIONAL DISLOCATED WORKER GRANTS.
(a) IN GENERAL- Section 173 (29 U.S.C. 2918) is amended--
(1) by striking the heading and inserting the following:
`SEC. 173. NATIONAL DISLOCATED WORKER GRANTS.';
(A) by redesignating paragraphs (1) through (3) as subparagraphs
(A) through (C), respectively, and aligning the margins of the subparagraphs
with the margins of subparagraph (A) of paragraph (4);
(B) by striking paragraph (4);
(C) by striking the matter preceding paragraph (1) and inserting
the following:
`(1) GRANTS- The Secretary is authorized to award national dislocated
worker grants--';
(D) in paragraph (1)(A), by striking `subsection (c)' and inserting
`subsection (b)';
(E) in paragraph (1)(C), by striking `and' after the semicolon;
and
(F) by adding at the end the following:
`(D) to a State or entity (as defined in subsection (b)(1)(B))
to carry out subsection (e), including providing assistance to eligible
individuals;
`(E) to a State or entity (as defined in subsection (b)(1)(B))
to carry out subsection (f), including providing assistance to eligible
individuals;
`(F) to provide additional assistance to a State board or local
board where a higher than average demand for employment and training
activities for dislocated members of the Armed Forces, or spouses, as
described in section 101(11)(E), of members of the Armed Forces, described
in subsection (b)(2)(A)(iv), exceeds State and local resources for providing
such services, and where such programs are to be carried out in partnership
with the Department of Defense and Department of Veterans Affairs transition
assistance programs; and
`(G) to provide assistance to a State for statewide or local use
in order to--
`(i) address cases in which there have been worker dislocations
across multiple sectors, across multiple businesses within a sector,
or across multiple local areas, and such workers remain dislocated;
`(ii) meet emerging economic development needs; and
`(iii) train eligible individuals who are dislocated workers
described in clause (i).
`(2) DECISIONS AND OBLIGATIONS- The Secretary shall issue a final
decision on an application for a national dislocated worker grant under
this subsection not later than 45 calendar days after receipt of the application.
The Secretary shall issue a notice of obligation for such a grant not
later than 10 days after the award of the grant.'.
(b) ADMINISTRATION AND ADDITIONAL ASSISTANCE- Section 173 (29 U.S.C.
2918) is amended--
(1) by striking subsection (b);
(2) by redesignating subsections (c) through (g) as subsections (b)
through (f), respectively;
(3) in subsection (b) (as redesignated by paragraph (2))--
(A) in paragraph (1)(A), by striking `subsection (a)(1)' and inserting
`subsection (a)(1)(A)'; and
(i) in subparagraph (A), in the matter preceding clause (i),
by striking `national emergency grant awarded pursuant to subsection
(a)(1)' and inserting `national dislocated worker grant awarded pursuant
to subsection (a)(1)(A)'; and
(ii) in subparagraph (C), by striking `national emergency grants'
and inserting `national dislocated worker grants';
(4) in paragraphs (1), (2), and (3) of subsection (c) (as redesignated
by paragraph (3)), by striking `subsection (a)(2)' and inserting `subsection
(a)(1)(B)';
(5) by striking subsection (d) (as redesignated by paragraph (2))
and inserting the following:
`(d) ADDITIONAL ASSISTANCE-
`(1) IN GENERAL- From the amount appropriated and made available
to carry out this section for any program year, the Secretary shall use
not more than $20,000,000 to make grants to States to provide employment
and training activities under section 134, in accordance with subtitle
B.
`(2) ELIGIBLE STATES- The Secretary shall make a grant under paragraph
(1) to a State for a program year if--
`(A) the amount of the allotment that was made to the State for
the program year 2003 under the formula specified in section 132(b)(1)(B)
as such section was in effect on July 1, 2003, is greater than
`(B) the amount of the allotment that would be made to the State
for the program year under the formula specified in section 132(b)(1)(B).
`(3) AMOUNT OF GRANTS- Subject to paragraph (1), the amount of the
grant made under paragraph (1) to a State for a program year shall be
based on the difference between--
`(A) the amount of the allotment that was made to the State for
the program year 2003 under the formula specified in section 132(b)(1)(B)
as such section was in effect on July 1, 2003; and
`(B) the amount of the allotment that would be made to the State
for the program year under the formula specified in section 132(b)(1)(B).';
(5) in subsection (e) (as redesignated by paragraph (2))--
(A) in paragraph (1), by striking `paragraph (4)(A)' and inserting
`paragraph (1)(D)';
(B) in paragraph (2), by striking `subsection (g)' and inserting
`subsection (f)';
(C) in paragraph (3)(B), by striking `subsection (a)(4)(A)' and
inserting `subsection (a)(1)(D)';
(D) in paragraph (4), by striking `subsection (g)' and inserting
`subsection (f)';
(E) in paragraph (5), by striking `subsection (g)' and inserting
`subsection (f)'; and
(i) by striking `subsection (g)' and inserting `subsection (f)';
and
(ii) by striking `subsection (c)(1)(B)' and inserting `subsection
(b)(1)(B)'; and
(6) in subsection (f) (as redesignated by paragraph (2))--
(i) by striking `paragraph (4)(B)' and inserting `paragraph (1)(E)';
and
(ii) by striking `subsection (f)(1)(A)' and inserting `subsection
(e)(1)(A)'; and
(B) in paragraph (4)(B), by striking `subsection (a)(4)(B)' and
inserting `subsection (a)(1)(E)'.
SEC. 148. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL ACTIVITIES.
(a) IN GENERAL- Section 174(a)(1) (29 U.S.C. 2919(a)(1)) is amended
by striking `1999 through 2003' and inserting `2006 through 2011'.
(b) RESERVATIONS- Section 174(b) (29 U.S.C. 2919(b)) is amended to
read as follows:
`(b) TECHNICAL ASSISTANCE; DEMONSTRATION AND PILOT PROJECTS, EVALUATIONS,
INCENTIVE GRANTS-
`(1) IN GENERAL- Subject to paragraph (2), there are authorized to
be appropriated to carry out sections 170 through 172 and section 503
such sums as may be necessary for each of fiscal years 2006 through 2011.
`(2) RESERVATION- Of the amount appropriated pursuant to the authorization
of appropriations under paragraph (1) for a fiscal year, the Secretary
shall, for each of the fiscal years 2006 through 2011, reserve not less
than 25 percent for carrying out section 503.'.
(c) ASSISTANCE FOR ELIGIBLE WORKERS- Section 174(c) (29 U.S.C. 2919(c))
is amended--
(1) in paragraphs (1)(A) and (2)(A), by striking `subsection (a)(4)(A)'
and inserting `subsection (a)(1)(D)'; and
(2) in paragraphs (1)(B) and (2)(B), by striking `subsection (a)(4)(B)'
and inserting `subsection (a)(1)(E)'.
Subtitle E--Administration
SEC. 151. REQUIREMENTS AND RESTRICTIONS.
Section 181(e) (29 U.S.C. 2931(e)) is amended by striking `economic
development activities,'.
SEC. 152. REPORTS.
Section 185(c) (29 U.S.C. 2935(c)) is amended--
(1) in paragraph (2), by striking `and' after the semicolon;
(2) in paragraph (3), by striking the period and inserting `; and';
and
(3) by adding at the end the following:
`(4) shall have the option to submit or disseminate electronically
any reports, records, plans, or any other data that are required to be
collected or disseminated under this title.'.
SEC. 153. ADMINISTRATIVE PROVISIONS.
(a) ANNUAL REPORT- Section 189(d) (29 U.S.C. 2939(d)) is amended--
(1) in paragraph (3), by striking `and' after the semicolon;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
`(4) the negotiated levels of performance of the States, the States'
requests for adjustments of such levels, and the adjustments of such levels
that are made; and'.
(b) AVAILABILITY- Section 189(g)(2) (29 U.S.C. 2939(g)(2)) is amended,
in the first sentence--
(1) by striking `Funds' and inserting `Except as otherwise provided
in this paragraph, funds'; and
(2) by striking `each State receiving' and inserting `each recipient
of'.
(c) GENERAL WAIVERS- Section 189(i)(4) (29 U.S.C. 2939(i)(4)) is amended--
(1) in subparagraph (A)(i), by inserting `the funding of infrastructure
costs for one-stop centers,' after `local boards,';
(2) in subparagraph (C), by striking `90' and inserting `60'; and
(3) by adding at the end the following:
`(D) EXPEDITED REQUESTS- The Secretary shall expedite requests
for waivers of statutory or regulatory requirements that have been approved
for a State pursuant to subparagraph (B), if the requirements of this
paragraph have been satisfied.
`(E) SPECIAL RULE- With respect to any State that has a waiver
under this paragraph relating to the transfer authority under section
133(b)(4), and has the waiver in effect on the date of enactment of
the Workforce Investment Act Amendments of 2005 or subsequently receives
such a waiver, the waiver shall continue to apply for so long as the
State meets or exceeds State performance measures relating to the indicators
described in section 136(b)(2)(A)(i).'.
SEC. 154. USE OF CERTAIN REAL PROPERTY.
Section 193 (29 U.S.C. 2943) is amended to read as follows:
`SEC. 193. TRANSFER OF FEDERAL EQUITY IN STATE EMPLOYMENT SECURITY
AGENCY REAL PROPERTY TO THE STATES.
`(a) TRANSFER OF FEDERAL EQUITY- Notwithstanding any other provision
of law, any Federal equity acquired in real property through grants to States
awarded under title III of the Social Security Act (42 U.S.C. 501 et seq.)
or under the Wagner-Peyser Act (29 U.S.C. 49 et seq.) is transferred to
the States that used the grants for the acquisition of such equity. The
portion of any real property that is attributable to the Federal equity
transferred under this section shall be used to carry out activities authorized
under title III of the Social Security Act or the Wagner-Peyser Act. Any
disposition of such real property shall be carried out in accordance with
the procedures prescribed by the Secretary and the portion of the proceeds
from the disposition of such real property that is attributable to the Federal
equity transferred under this section shall be used to carry out activities
authorized under title III of the Social Security Act or the Wagner-Peyser
Act.
`(b) LIMITATION ON USE- A State shall not use funds awarded under title
III of the Social Security Act or the Wagner-Peyser Act to amortize the
costs of real property that is purchased by any State on or after the effective
date of this provision.'.
SEC. 155. GENERAL PROGRAM REQUIREMENTS.
Section 195 (29 U.S.C. 2945) is amended by adding at the end the following:
`(14) Funds provided under this title shall not be used to establish
or operate stand-alone fee-for-service enterprises that compete with private
sector employment agencies (as defined in section 701(c) of the Civil
Rights Act of 1964 (42 U.S.C. 2000e(c))). For purposes of this paragraph,
such an enterprise does not include a one-stop service delivery system
described in section 121(e).'.
Subtitle F--Incentive Grants
SEC. 161. INCENTIVE GRANTS.
Section 503 (20 U.S.C. 9273) is amended--
(1) by striking subsection (a) and inserting the following:
`(A) PRIOR TO JULY 1, 2006- Prior to July 1, 2006, the Secretary
shall award a grant to each State in accordance with the provisions
of this section as this section was in effect on July 1, 2003.
`(B) BEGINNING JULY 1, 2006- Beginning on July 1, 2006, the Secretary
shall award incentive grants to States for performance described in
paragraph (2), to implement or enhance innovative and coordinated programs
as described in paragraph (3), consistent with the statewide economic,
workforce, and educational interests of the State.
`(2) BASIS- The Secretary shall award the grants on the basis that
the States--
`(A) have exceeded the State performance measures established under
section 136(b), the performance measures established under section 212(b)
of the Adult Education and Family Literacy Act (20 U.S.C. 9212(b)),
and the State performance measures established under section 113(b)
of the Carl D. Perkins Vocational and Technical Education Act of 1998
(20 U.S.C. 2323(b)); or
`(i) met the State performance measures established under section
136(b), the performance measures established under section 212(b)
of the Adult Education and Family Literacy Act, and the State performance
measures established under section 113(b) of the Carl D. Perkins Vocational
and Technical Education Act of 1998; and
`(I) exemplary coordination of one-stop partner programs described
in section 121 with statewide economic development or business needs;
`(II) exemplary performance in the one-stop partner programs
in the State in serving hard-to-serve populations; or
`(aa) coordination of multiple systems for the one-stop partner
programs into a comprehensive workforce investment system, including coordination
of employment activities under the Wagner-Peyser Act (29 U.S.C. 49 et seq.)
and core services under section 134(d)(2);
`(bb) expansion of access to training through the one-stop
partner programs, including expansion of access through increased leveraging
of resources other than those provided through programs under title I;
`(cc) implementation of statewide coordination activities
relating to the one-stop partner programs, through agreements with relevant
State agencies and offices, including those responsible for programs under
the Adult Education and Family Literacy Act (20 U.S.C. 9201 et seq.) and
the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.);
`(dd) statewide coordination relating to the one-stop partner
programs, through arrangements with local boards or local areas;
`(ee) alignment of management information systems to integrate
participant information across the one-stop partner programs; or
`(ff) integration of performance information systems and common
measures for accountability across the one-stop partner programs.
`(3) USE OF FUNDS- The funds awarded to a State under this section
may be used to carry out activities authorized for States in programs
carried out under title I, the Adult Education and Family Literacy Act,
and the Carl D. Perkins Vocational and Technical Education Act of 1998
(20 U.S.C. 2301 et seq.) (referred to in this subsection as `workforce
and education programs'), including demonstration projects, and innovative
projects or programs that increase coordination and enhance service to
participants in such programs, particularly hard-to-serve populations,
including--
`(A) activities that support business needs, especially for incumbent
workers and enhancing opportunities for retention and advancement;
`(B) activities that support linkages between the workforce and
education programs, and secondary, postsecondary, or career and technical
education programs, including activities under the Carl D. Perkins Vocational
and Technical Education Act of 1998 (20 U.S.C. 2301 et seq.), the Adult
Education and Family Literacy Act (20 U.S.C. 9201 et seq.), and the
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.);
`(C) activities that support statewide economic development plans
that support high-wage, high-skill, or high-demand occupations leading
to self-sufficiency;
`(D) activities that coordinate the workforce and education programs
with other Federal and State programs related to the workforce and education
programs;
`(E) activities that support the development of a statewide integrated
performance information system that includes common measures for one-stop
partner programs described in section 121;
`(F) activities that align management information systems with
integrated performance information across the one-stop partner programs;
or
`(G) activities that support local workforce investment boards
or areas in improving performance in workforce and education programs
and program coordination of workforce and education programs.
`(4) WAIVER- For States that have developed and implemented a statewide
integrated performance information system with common measures, as described
in paragraph (3)(E), for the one-stop partner programs, the Secretary
may waive for the State such reporting requirements for the one-stop partner
programs as the Secretary has authority or agreement to waive.
`(5) TECHNICAL ASSISTANCE- The Secretary shall reserve 4 percent
of the funds available for grants under this section to provide technical
assistance to States--
`(A) to replicate best practices for workforce and education programs;
`(B) to develop integrated performance information systems for
the one-stop partner programs;
`(C) to strengthen coordination between workforce and education
programs and other education programs; or
`(D) to strengthen economic development.
`(6) DEFINITION- As used in this subsection, the term `hard-to-serve
populations' has the meaning given the term in section 101.';
(2) in subsection (b)(2)--
(A) in the matter preceding subparagraph (A), by striking `only'
and all that follows through `assurances:' and inserting `to ensure
that the application contains, and to determine the accuracy of, the
following assurances:'; and
(B) by striking subparagraph (C) and inserting the following:
`(C) the State meets the requirements of subparagraph (A) or (B)
of subsection (a)(2).'; and
(3) by striking subsection (d).
Subtitle G--Conforming Amendments
SEC. 171. TABLE OF CONTENTS.
Section 1(b) (29 U.S.C. 9201 note) is amended--
(1) by striking the item relating to section 106 and inserting the
following:
(2) by striking the item relating to section 123 and inserting the
following:
`Sec. 123. Eligible providers of youth activities.';
(3) by striking the item relating to section 169 and inserting the
following:
`Sec. 169. Youth challenge grants.';
(4) by striking the item relating to section 173 and inserting the
following:
`Sec. 173. National dislocated worker grants.';
(5) by striking the item relating to section 193 and inserting the
following:
`Sec. 193. Transfer of Federal equity in State employment security
agency real property to the States.';
(6) by inserting after the item relating to section 243 the following:
`Sec. 244. Integrated English literacy and civics education.';
(7) by striking the item relating to section 502.
SEC. 172. CONFORMING AMENDMENTS.
(a) TRADE ACT OF 1974- Section 235 of the Trade Act of 1974 (19 U.S.C.
2295) is amended by striking `section 134(c) of the Workforce Investment
Act of 1998 (29 U.S.C. 2864(c))' and inserting `section 121(e) of the Workforce
Investment Act of 1998 (29 U.S.C. 2841(e))'.
(b) ADULT EDUCATION AND FAMILY LITERACY ACT- Section 212(b)(3)(A)(vi)
of the Adult Education and Family Literacy Act (20 U.S.C. 9212(b)(3)(A)(vi))
is amended by striking `the representatives described in section 136(i)(1)'
and inserting `representatives of appropriate Federal agencies, and representatives
of States and political subdivisions, business and industry, employees,
eligible providers of employment and training activities (as defined in
section 101), educators, and participants (as defined in section 101), with
expertise regarding workforce investment policies and workforce investment
activities (as defined in section 101)'.
(c) OLDER AMERICANS ACT OF 1965-
(1) Subparagraphs (H) and (O) of section 502(b)(1) of the Older Americans
Act of 1965 (42 U.S.C. 3056(b)(1)) are amended by striking `section 134(c)
of the Workforce Investment Act of 1998 (29 U.S.C. 2864(c))' and inserting
`section 121(e) of the Workforce Investment Act of 1998 (29 U.S.C. 2841(e))'.
(2) Section 505(c)(1) of the Older Americans Act of 1965 (42 U.S.C.
3056c(c)(1)) is amended by striking `section 134(c) of such Act (29 U.S.C.
2864(c))' and inserting `section 121(e) of such Act (29 U.S.C. 2841(e))'.
(3) Section 512(a) of the Older Americans Act of 1965 (42 U.S.C.
3056j(a)) is amended--
(A) by striking `(B)(vi)' and inserting `(B)(v)'; and
(B) by striking `section 134(c) of such Act (29 U.S.C. 2864(c))'
and inserting `section 121(e) of such Act (29 U.S.C. 2841(e))'.
TITLE II--AMENDMENTS TO THE ADULT EDUCATION AND FAMILY LITERACY ACT
SEC. 201. SHORT TITLE; PURPOSE.
(a) SHORT TITLE- This title may be cited as the `Adult Education and
Family Literacy Act Amendments of 2005'.
(b) PURPOSE- Section 202 of the Adult Education and Family Literacy
Act (20 U.S.C. 9201) is amended--
(1) in paragraph (2), by striking `and' after the semicolon;
(2) in paragraph (3), by striking `education.' and inserting `education
and in the transition to postsecondary education; and'; and
(3) by adding at the end the following:
`(4) assist immigrants and other individuals with limited English
proficiency in improving their reading, writing, speaking, and mathematics
skills and acquiring an understanding of the American free enterprise
system, individual freedom, and the responsibilities of citizenship.'.
SEC. 202. DEFINITIONS.
Section 203 of the Adult Education and Family Literacy Act (20 U.S.C.
9202) is amended--
(A) in the matter preceding subparagraph (A), by striking `services
or instruction below the postsecondary level' and inserting `academic
instruction and education services below the postsecondary level that
increase an individual's ability to read, write, and speak in English
and perform mathematics'; and
(B) by striking subparagraph (C)(i) and inserting the following:
`(i) are basic skills deficient as defined in section 101;';
(2) in paragraph (2), by striking `activities described in section
231(b)' and inserting `programs and services which include reading, writing,
speaking, or mathematics skills, workplace literacy activities, family
literacy activities, English language acquisition activities, or other
activities necessary for the attainment of a secondary school diploma
or its State recognized equivalent';
(A) by inserting `an organization that has demonstrated effectiveness
in providing adult education, that may include' after `means';
(B) in subparagraph (B), by striking `of demonstrated effectiveness';
(C) in subparagraph (C), by striking `of demonstrated effectiveness';
and
(D) in subparagraph (I), by inserting `or coalition' after `consortium';
(A) by striking `LITERACY PROGRAM' and inserting `LANGUAGE ACQUISITION
PROGRAM';
(B) by striking `literacy program' and inserting `language acquisition
program'; and
(C) by inserting `reading, writing, and speaking' after `competence
in';
(5) by striking paragraph (10);
(6) by redesignating paragraphs (7) through (9) and (12) through
(18) as paragraphs (8) through (10) and (13) through (19), respectively;
(7) by inserting after paragraph (6) the following:
`(7) ESSENTIAL COMPONENTS OF READING INSTRUCTION- The term `essential
components of reading instruction' has the meaning given the term in section
1208 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6368).';
(8) by inserting after paragraph (11) the following:
`(12) LIMITED ENGLISH PROFICIENCY- The term `limited English proficiency',
when used with respect to an individual, means an adult or out-of-school
youth who has limited ability in speaking, reading, writing, or understanding
the English language, and--
`(A) whose native language is a language other than English; or
`(B) who lives in a family or community environment where a language
other than English is the dominant language.';
(9) by striking paragraph (15), as redesignated by paragraph (6),
and inserting the following:
`(15) OUTLYING AREA- The term `outlying area' means the United States
Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.'; and
(10) by striking paragraph (19), as redesignated by paragraph (6),
and inserting the following:
`(19) WORKPLACE LITERACY PROGRAM- The term `workplace literacy program'
means an educational program designed to improve the productivity of the
workforce through the improvement of literacy skills that is offered by
an eligible provider in collaboration with an employer or an employee
organization at a workplace, at an off-site location, or in a simulated
workplace environment.'.
SEC. 203. HOME SCHOOLS.
Section 204 of the Adult Education and Family Literacy Act (20 U.S.C.
9203) is amended to read as follows:
`SEC. 204. HOME SCHOOLS.
`Nothing in this title shall be construed to affect home schools, whether
a home school is treated as a home school or a private school under State
law, or to compel a parent engaged in home schooling to participate in an
English language acquisition program, family literacy services, or adult
education.'.
SEC. 204. AUTHORIZATION OF APPROPRIATIONS.
Section 205 of the Adult Education and Family Literacy Act (20 U.S.C.
9204) is amended--
(1) by striking `1999' and inserting `2006'; and
(2) by striking `2003' and inserting `2011'.
SEC. 205. RESERVATION OF FUNDS; GRANTS TO ELIGIBLE AGENCIES; ALLOTMENTS.
Section 211 of the Adult Education and Family Literacy Act (20 U.S.C.
9211) is amended--
(1) by striking subsection (a) and inserting the following:
`(a) RESERVATION OF FUNDS- From the sum appropriated under section
205 for a fiscal year, the Secretary--
`(1) shall reserve 1.5 percent to carry out section 242, except that
the amount so reserved shall not exceed $10,000,000;
`(2) shall reserve 1.5 percent to carry out section 243 and subsection
(f)(4), except that the amount so reserved shall not exceed $8,000,000;
`(3) shall make available, to the Secretary of Labor, 1.72 percent
for incentive grants under section 503; and
`(4) shall reserve 12 percent of the amount that remains after reserving
funds under paragraphs (1), (2) and (3) to carry out section 244.';
(2) in subsection (c)(2)--
(A) by inserting `and the sole agency responsible for administering
or supervising policy for adult education and literacy in the Republic
of Palau' after `an initial allotment under paragraph (1)';
(B) by inserting `or served by the agency for the Republic of Palau'
after `by the eligible agency'; and
(C) by striking `States and outlying areas' and inserting `States,
outlying areas, and the Republic of Palau';
(i) by striking `the Republic of the Marshall Islands, the Federated
States of Micronesia, and'; and
(ii) by striking `the Republic of the Marshall Islands, the Federated
States of Micronesia, or' and inserting `or'; and
(i) by striking `the Republic of the Marshall Islands, the Federated
States of Micronesia, and'; and
(ii) by striking `2001' and inserting `2007';
(4) by striking subsection (f) and inserting the following:
`(f) HOLD-HARMLESS PROVISIONS-
`(1) IN GENERAL- Notwithstanding subsection (c) and subject to paragraph
(2), for fiscal year 2005 and each succeeding fiscal year, no eligible
agency shall receive an allotment under this section that is less than
90 percent of the allotment the eligible agency received for the preceding
fiscal year under this section.
`(2) 100 PERCENT ALLOTMENT- Notwithstanding paragraphs (1) and (2)
of subsection (e), an eligible agency that receives only an initial allotment
under subsection (c)(1) (and no additional allotment under subsection
(c)(2)) shall receive an allotment under this section that is equal to
100 percent of the initial allotment under subsection (c)(1).
`(3) RATABLE REDUCTION- If for any fiscal year the amount available
for allotment under this subtitle is insufficient to satisfy the provisions
of paragraphs (1) and (2), the Secretary shall ratably reduce the payments
to all eligible agencies, as necessary.
`(4) ADDITIONAL ASSISTANCE-
`(A) IN GENERAL- From amounts reserved under subsection (a)(2),
the Secretary shall make grants to eligible agencies described in subparagraph
(B) to enable such agencies to provide activities authorized under chapter
2.
`(B) ELIGIBILITY- An eligible agency is eligible to receive a grant
under this paragraph for a fiscal year if the amount of the allotment
such agency receives under this section for the fiscal year is less
than the amount such agency would have received for the fiscal year
if the allotment formula under this section as in effect on September
30, 2003, were in effect for such year.
`(C) AMOUNT OF GRANT- The amount of a grant made to an eligible
agency under this paragraph for a fiscal year shall be the difference
between--
`(i) the amount of the allotment such agency would have received
for the fiscal year if the allotment formula under this section as
in effect on September 30, 2003, were in effect for such year; and
`(ii) the amount of the allotment such agency receives under
this section for the fiscal year.'; and
(5) by adding at the end the following:
`(1) STUDY- The Comptroller General of the United States shall conduct
a study concerning the formula described in this section and, in conducting
the study, shall at a minimum--
`(A) examine whether the formula results in a distribution of funds
that sufficiently serves the entire population of individuals eligible
for adult education and literacy activities under this subtitle;
`(B) examine whether the data used to count qualified adults, for
purposes of the formula, accurately measure the population of individuals
eligible for the activities; and
`(C) develop recommendations for improving the formula so that
the formula results in a distribution of funds that better serves that
population and the data used to count qualified adults accurately measure
that population.
`(2) REPORT- Not later than 3 years after the date of enactment of
the Workforce Investment Act Amendments of 2005, the Comptroller General
shall submit to Congress a report containing the results of the study
described in paragraph (1).'.
SEC. 206. PERFORMANCE ACCOUNTABILITY SYSTEM.
Section 212 of the Adult Education and Family Literacy Act (20 U.S.C.
9212) is amended--
(A) in paragraph (1)(A)(ii), by striking `additional indicators
of performance (if any)' and inserting `the employment performance indicators';
(B) by striking paragraph (2) and inserting the following:
`(2) INDICATORS OF PERFORMANCE-
`(A) CORE INDICATORS OF PERFORMANCE- An eligible agency shall identify
in the State plan individual academic performance indicators that include,
at a minimum, the following:
`(i) Measurable improvements in literacy skill levels in reading,
writing, and speaking the English language, numeracy, problem solving,
English language acquisition, and other literacy skills.
`(ii) Placement in, retention in, or completion of, postsecondary
education or other training programs.
`(iii) Completion of a secondary school diploma, its recognized
equivalent, or a recognized alternative standard for individuals with
disabilities.
`(B) EMPLOYMENT PERFORMANCE INDICATORS-
`(i) IN GENERAL- An eligible agency shall identify in the State
plan individual participant employment performance indicators that
include, at a minimum, the following:
`(I) Entry into unsubsidized employment.
`(II) Retention in unsubsidized employment 6 months after entry
into the employment.
`(III) Increases in earnings from unsubsidized employment.
`(ii) DATA COLLECTION- The State workforce investment board shall
assist the eligible agency in obtaining and using quarterly wage records
to collect data for each of the indicators described in clause (i),
consistent with applicable Federal and State privacy laws.
`(C) INDICATORS FOR WORKPLACE LITERACY PROGRAMS- Special accountability
measures may be negotiated for workplace literacy programs.'; and
(i) in subparagraph (A)--
(I) in clause (i)(II), by striking `in performance' and inserting
`the agency's performance outcomes in an objective, quantifiable,
and measurable form';
(II) in clause (ii), by striking `3 program years' and inserting
`2 program years';
(III) in clause (iii), by striking `FIRST 3 YEARS' and inserting
`FIRST 2 YEARS';
(IV) in clause (iii), by striking `first 3 program years' and
inserting `first 2 program years';
(V) in clause (v), by striking `4TH AND 5TH' and inserting
`3RD AND 4TH';
(VI) in clause (v), by striking `to the fourth' and inserting
`to the third';
(VII) in clause (v), by striking `fourth and fifth' and inserting
`third and fourth'; and
(VIII) in clause (vi), by striking `(II)' and inserting `(I)';
(ii) in subparagraph (B)--
(I) by striking the heading and inserting `LEVELS OF EMPLOYMENT
PERFORMANCE';
(II) by striking `may' and inserting `shall'; and
(III) by striking `additional' and inserting `employment performance';
and
(iii) by adding at the end the following:
`(C) ALTERNATIVE ASSESSMENT SYSTEMS- Eligible agencies may approve
the use of assessment systems that are not commercially available standardized
systems if such systems meet the Standards for Educational and Psychological
Testing issued by the Joint Committee on Standards for Educational and
Psychological Testing of the American Educational Research Association,
the American Psychological Association, and the National Council on
Measurement in Education.';
(i) by inserting `, the Governor, the State legislature, and
the State workforce investment board' after `Secretary'; and
(ii) by striking `including' and all that follows through the
period and inserting `including the following:
`(A) Information on the levels of performance achieved by the eligible
agency with respect to the core indicators of performance, and employment
performance indicators.
`(B) Information on the number or percentage of qualifying adults
(as defined in section 211(d)) who are participants in adult education
programs under this subtitle and making satisfactory progress toward
1 or more of each of the following:
`(i) Core indicators of performance.
`(ii) Employment performance indicators.
`(iii) Other long-term objectives.
`(C) The number and type of each eligible provider that receives
funding under such grant.
`(D) The number of enrollees 16 to 18 years of age who enrolled
in adult education not later than 1 year after participating in secondary
school education.';
(B) in paragraph (2)(A), by inserting `eligible providers and'
after `available to'; and
(C) by adding at the end the following:
`(3) DATA ACCESS- The report made available under paragraph (2) shall
indicate which eligible agencies did not have access to State unemployment
insurance wage data in measuring employment performance indicators.';
and
(3) by adding at the end the following:
`(d) PROGRAM IMPROVEMENT-
`(1) IN GENERAL- If the Secretary determines that an eligible agency
did not meet its adjusted levels of performance for the core indicators
of performance described in subsection (b)(2)(A) for any program year,
the eligible agency shall--
`(A) work with the Secretary to develop and implement a program
improvement plan for the 2 program years succeeding the program year
in which the eligible agency did not meet its adjusted levels of performance;
and
`(B) revise its State plan under section 224, if necessary, to
reflect the changes agreed to in the program improvement plan.
`(2) FURTHER ASSISTANCE- If, after the period described in paragraph
(1)(A), the Secretary has provided technical assistance to the eligible
agency but determines that the eligible agency did not meet its adjusted
levels of performance for the core indicators of performance described
in subsection (b)(2)(A), the Secretary may require the eligible agency
to make further revisions to the program improvement plan described in
paragraph (1). Such further revisions shall be accompanied by further
technical assistance from the Secretary.'.
SEC. 207. STATE ADMINISTRATION.
Section 221(1) of the Adult Education and Family Literacy Act (20 U.S.C.
9221(1)) is amended by striking `and implementation' and inserting `implementation,
and monitoring'.
SEC. 208. STATE DISTRIBUTION OF FUNDS; MATCHING REQUIREMENT.
Section 222 of the Adult Education and Family Literacy Act (20 U.S.C.
9222) is amended--
(i) by striking `82.5' the first place such term appears and
inserting `80'; and
(ii) by striking `the 82.5 percent' and inserting `such amount';
(B) in paragraph (2), by striking `not more than 12.5 percent'
and inserting `not more than 15 percent'; and
(C) in paragraph (3), by striking `$65,000' and inserting `$75,000';
and
(2) in subsection (b)(1), by striking `equal to' and inserting `that
is not less than'.
SEC. 209. STATE LEADERSHIP ACTIVITIES.
Section 223 of the Adult Education and Family Literacy Act (20 U.S.C.
9223) is amended--
(A) in the matter preceding paragraph (1), by inserting `to develop
or enhance the adult education system of the State or outlying area'
after `activities';
(B) in paragraph (1), by striking `instruction incorporating' and
all that follows through the period and inserting `instruction incorporating
the essential components of reading instruction and instruction provided
by volunteers or by personnel of a State or outlying area.';
(C) in paragraph (2), by inserting `, including development and
dissemination of instructional and programmatic practices based on the
most rigorous research available and appropriate, including scientifically
based research that is available and appropriate, in reading, writing,
speaking, mathematics, English language acquisition programs, distance
learning, and staff training' after `activities';
(D) in paragraph (5), by striking `monitoring and';
(E) by striking paragraph (6) and inserting the following:
`(6) The development and implementation of technology applications,
translation technology, or distance learning, including professional development
to support the use of instructional technology.'; and
(F) by striking paragraph (7) through paragraph (11) and inserting
the following:
`(A) other partners carrying out activities authorized under this
Act; and
`(B) existing support services, such as transportation, child care,
mental health services, and other assistance designed to increase rates
of enrollment in, and successful completion of, adult education and
literacy activities, for adults enrolled in such activities.
`(8) Developing and disseminating curricula, including curricula
incorporating the essential components of reading instruction as such
components relate to adults.
`(9) The provision of assistance to eligible providers in developing,
implementing, and reporting measurable progress in achieving the objectives
of this subtitle.
`(10) The development and implementation of a system to assist in
the transition from adult basic education to postsecondary education,
including linkages with postsecondary educational institutions.
`(11) Integration of literacy and English language instruction with
occupational skill training, and promoting linkages with employers.
`(12) Activities to promote workplace literacy programs.
`(13) Activities to promote and complement local outreach initiatives
described in section 243(b)(3)(F).
`(14) In cooperation with efforts funded under sections 242 and 243,
the development of curriculum frameworks and rigorous content standards
that--
`(A) specify what adult learners should know and be able to do
in the areas of reading and language arts, mathematics, and English
language acquisition; and
`(B) take into consideration the following:
`(i) State academic standards established under section 1111(b)
of the Elementary and Secondary Education Act of 1965.
`(ii) The current adult skills and literacy assessments used
in the State or outlying area.
`(iii) The core indicators of performance established under section
212(b)(2)(A).
`(iv) Standards and academic requirements for enrollment in non-remedial,
for-credit, courses in postsecondary education institutions supported
by the State or outlying area.
`(v) Where appropriate, the basic and literacy skill content
of occupational and industry skill standards widely used by business
and industry in the State or outlying area.
`(15) In cooperation with efforts funded under sections 242 and 243,
development and piloting of--
`(A) new assessment tools and strategies that--
`(i) are based on scientifically based research, where available
and appropriate; and
`(ii) identify the needs and capture the gains of students at
all levels, with particular emphasis on--
`(I) students at the lowest achievement level;
`(II) students who have limited English proficiency; and
`(III) adults with learning disabilities;
`(B) options for improving teacher quality and retention; and
`(C) assistance in converting research into practice.
`(16) The development and implementation of programs and services
to meet the needs of adult learners with learning disabilities or limited
English proficiency.
`(17) Other activities of statewide significance that promote the
purpose of this title.'; and
(2) in subsection (c), by striking `being State- or outlying area-imposed'
and inserting `being imposed by the State or outlying area'.
SEC. 210. STATE PLAN.
Section 224 of the Adult Education and Family Literacy Act (20 U.S.C.
9224) is amended--
(A) by striking the heading and inserting `4-YEAR PLANS'; and
(B) in paragraph (1), by striking `5' and inserting `4';
(A) in paragraph (1), by inserting `and the role of provider and
cooperating agencies in preparing the assessment' after `serve';
(B) by striking paragraph (2) and inserting the following:
`(2) a description of how the eligible agency will address the adult
education and literacy needs identified under paragraph (1) in each workforce
development area of the State, using funds received under this subtitle,
as well as other Federal, State, or local funds received in partnership
with other agencies for the purpose of adult literacy as applicable;';
(i) by inserting `and measure' after `evaluate';
(ii) by inserting `and improvement' after `effectiveness'; and
(iii) by striking `212' and inserting `212, including--
`(A) how the eligible agency will evaluate and measure annually
such effectiveness on a grant-by-grant basis; and
`(B) how the eligible agency--
`(i) will hold eligible providers accountable regarding the progress
of such providers in improving the academic achievement of participants
in adult education programs under this subtitle and regarding the
core indicators of performance described in section 212(b)(2)(A);
and
`(ii) will use technical assistance, sanctions, and rewards (including
allocation of grant funds based on performance and termination of
grant funds based on performance)';
(D) by redesignating paragraphs (5) through (12) as paragraphs
(6) through (13), respectively;
(E) by inserting after paragraph (4) the following:
`(5) a description of how the eligible agency will improve teacher
quality, the professional development of eligible providers, and instruction;';
(F) in paragraph (6) (as redesignated by subparagraph (D)), by
striking `who' and all that follows through the semicolon and inserting
`that--
`(A) offers flexible schedules and coordinates with necessary Federal,
State, and local support services (such as child care, transportation,
mental health services, and case management) to enable individuals,
including individuals with disabilities or individuals with other special
needs, to participate in adult education and literacy activities; and
`(B) attempts to coordinate with support services that are not
provided under this subtitle prior to using funds for adult education
and literacy activities provided under this subtitle for support services;';
(G) in paragraph (10) (as redesignated by subparagraph (D)), by
striking `plan;' and inserting `plan, which process--
`(A) shall include the State workforce investment board, the Governor,
State officials representing public schools, community colleges, welfare
agencies, agencies that provide services to individuals with disabilities,
other State agencies that promote or operate adult education and literacy
activities, and direct providers of such adult literacy services; and
`(B) may include consultation with the State agency for higher
education, institutions responsible for professional development of
adult education and literacy education program instructors, institutions
of higher education, representatives of business and industry, refugee
assistance programs, and community-based organizations (as such term
is defined in section 101);';
(H) in paragraph (11) (as redesignated by subparagraph (D))--
(i) by inserting `assess potential population needs and' after
`will';
(ii) in subparagraph (A), by striking `students' and inserting
`individuals';
(iii) in subparagraph (C), by striking `and' after the semicolon;
and
(iv) by adding at the end the following:
`(F) those individuals who are employed, but at levels below self-sufficiency,
as defined in section 101;';
(I) in paragraph (12) (as redesignated by subparagraph (D))--
(i) by inserting `and how the plan submitted under this subtitle
is coordinated with the plan submitted by the State under title I'
after `eligible agency'; and
(ii) by striking `and' after the semicolon;
(J) in paragraph (13) (as redesignated by subparagraph (D)), by
striking `231(c)(1).' and inserting `231(c)(1), including--
`(A) how the State will build the capacity of organizations that
provide adult education and literacy activities; and
`(B) how the State will increase the participation of business
and industry in adult education and literacy activities;'; and
(K) by adding at the end the following:
`(14) a description of how the eligible agency will consult with
any State agency responsible for postsecondary education to develop adult
education programs and services (including academic skill development
and support services) that prepare students to enter postsecondary education
upon the attainment of a secondary school diploma or its recognized equivalent;
`(15) a description of how the eligible agency will consult with
the State agency responsible for workforce development to develop adult
education programs and services that are designed to prepare students
to enter the workforce; and
`(16) a description of how the eligible agency will improve the professional
development of eligible providers of adult education and literacy activities.';
(3) in subsection (c), by adding at the end the following: `At the
end of the first 2-year period of the 4-year State plan, the eligible
agency shall review and, as needed, revise the 4-year State plan.'; and
(A) in paragraph (1), by inserting `, the chief State school officer,
the State officer responsible for administering community and technical
colleges, and the State workforce investment board' after `Governor';
and
(B) in paragraph (2), by striking `comments' and all that follows
through the period and inserting `comments regarding the State plan
by the Governor, the chief State school officer, the State officer responsible
for administering community and technical colleges, and the State workforce
investment board, and any revision to the State plan, are submitted
to the Secretary.'.
SEC. 211. PROGRAMS FOR CORRECTIONS EDUCATION AND OTHER INSTITUTIONALIZED
INDIVIDUALS.
Section 225 of the Adult Education and Family Literacy Act (20 U.S.C.
9225) is amended--
(A) in paragraph (1), by striking `basic education' and inserting
`adult education and literacy activities';
(B) in paragraph (2), by inserting `and' after the semicolon;
(C) by striking paragraph (3); and
(D) by redesignating paragraph (4) as paragraph (3); and
(2) in subsection (d), by striking `DEFINITION OF CRIMINAL OFFENDER-
' and inserting `DEFINITIONS- In this section:'.
SEC. 212. GRANTS AND CONTRACTS FOR ELIGIBLE PROVIDERS.
Section 231 of the Adult Education and Family Literacy Act (20 U.S.C.
9241) is amended--
(A) in paragraph (1), by striking `workplace literacy services'
and inserting `workplace literacy programs'; and
(B) in paragraph (3), by striking `literacy' and inserting `language
acquisition'; and
(A) in paragraph (1), by inserting `to be achieved annually on
the core indicators of performance and employment performance indicators
described in section 212(b)(2)' after `outcomes';
(B) by striking paragraph (3) and inserting the following:
`(3) the commitment of the eligible provider to be responsive to
local needs and to serve individuals in the community who were identified
by the assessment as most in need of adult literacy services, including
individuals who are low-income, have minimal literacy skills, have learning
disabilities, or have limited English proficiency;';
(C) in paragraph (4)(B), by striking `, such as' and all that follows
through the semicolon and inserting `that include the essential components
of reading instruction;';
(D) in paragraph (5), by striking `research' and inserting `the
most rigorous research available, including scientifically based research,';
(E) in paragraph (9), by inserting `education, job training, and
social service' after `other available';
(i) by inserting `coordination with Federal, State, and local'
after `schedules and'; and
(ii) by striking `and transportation' and inserting `, transportation,
mental health services, and case management';
(i) by inserting `measurable' after `report';
(ii) by striking `eligible agency';
(iii) by inserting `established by the eligible agency' after
`performance measures'; and
(iv) by striking `and' after the semicolon;
(H) in paragraph (12), by striking `literacy programs.' and inserting
`language acquisition programs and civics education programs;'; and
(I) by adding at the end the following:
`(13) the capacity of the eligible provider to produce information
on performance results, including enrollments and measurable participant
outcomes;
`(14) whether reading, writing, speaking, mathematics, and English
language acquisition instruction provided by the eligible provider are
based on the best practices derived from the most rigorous research available
and appropriate, including scientifically based research that is available
and appropriate;
`(15) whether the eligible provider's applications of technology
and services to be provided are sufficient to increase the amount and
quality of learning and lead to measurable learning gains within specified
time periods; and
`(16) the capacity of the eligible provider to serve adult learners
with learning disabilities.'.
SEC. 213. LOCAL APPLICATION.
Section 232 of the Adult Education and Family Literacy Act (20 U.S.C.
9242) is amended--
(A) by inserting `consistent with the requirements of this subtitle'
after `spent'; and
(B) by striking `and' after the semicolon;
(2) in paragraph (2), by striking the period at the end and inserting
`; and'; and
(3) by adding at the end the following:
`(3) information that addresses each of the considerations required
under section 231(e).'.
SEC. 214. LOCAL ADMINISTRATIVE COST LIMITS.
Section 233 of the Adult Education and Family Literacy Act (20 U.S.C.
9243) is amended--
(1) in subsection (a)(2)--
(A) by inserting `and professional' after `personnel'; and
(B) by inserting `development of measurable goals in reading, writing,
and speaking the English language, and in mathematical computation,'
after `development,'; and
(A) by inserting `and professional' after `personnel'; and
(B) by inserting `development of measurable goals in reading, writing,
and speaking the English language, and in mathematical computation,'
after `development,'.
SEC. 215. ADMINISTRATIVE PROVISIONS.
Section 241(b) of the Adult Education and Family Literacy Act (20 U.S.C.
9251(b)) is amended--
(1) in paragraph (1)(A)--
(A) by striking `adult education and literacy activities' each
place the term appears and inserting `activities under this subtitle';
and
(B) by striking `was' and inserting `were'; and
(A) by inserting `not more than' after `this subsection for'; and
SEC. 216. NATIONAL INSTITUTE FOR LITERACY.
Section 242 of the Adult Education and Family Literacy Act (20 U.S.C.
9252) is amended--
(A) in paragraph (1), by striking `literacy' and inserting `effective
literacy programs for children, youth, adults, and families';
(B) in paragraph (2), by inserting `and disseminates information
on' after `coordinates'; and
(C) by striking paragraph (3)(A) and inserting the following:
`(A) coordinating and participating in the Federal effort to identify
and disseminate information on literacy that is derived from scientifically
based research, or the most rigorous research available, and effective
programs that serve children, youth, adults, and families; and';
(2) by striking subsection (b)(3) and inserting the following:
`(3) RECOMMENDATIONS- The Interagency Group, in consultation with
the National Institute for Literacy Advisory Board (in this section referred
to as the `Board') established under subsection (e), shall plan the goals
of the Institute and the implementation of any programs to achieve the
goals. The Board may also request a meeting of the Interagency Group to
discuss any recommendations the Board may make.';
(i) in subparagraph (A)--
(I) by striking `to establish' and inserting `to maintain';
(II) in clause (i), by striking `phonemic awareness, systematic
phonics, fluency, and reading comprehension' and inserting `the
essential components of reading instruction';
(III) in clause (iii), by striking `and' after the semicolon;
(IV) in clause (iv), by inserting `and' after the semicolon;
and
(V) by adding at the end the following:
`(v) a list of local adult education and literacy programs;';
(ii) in subparagraph (C)--
(I) by striking `reliable and replicable research' and inserting
`reliable and replicable research as defined by the Institute of
Education Sciences'; and
(II) by striking `especially with the Office of Educational
Research and Improvement in the Department of Education,';
(iii) in subparagraph (D), by striking `phonemic awareness, systematic
phonics, fluency, and reading comprehension based on' and inserting
`the essential components of reading instruction and';
(iv) in subparagraph (H), by striking `and' after the semicolon;
(v) in subparagraph (I), by striking the period at the end and
inserting a semicolon; and
(vi) by adding at the end the following:
`(J) to work cooperatively with the Department of Education to
assist States that are pursuing the implementation of standards-based
educational improvements for adults through the dissemination of training,
technical assistance, and related support and through the development
and dissemination of related standards-based assessment instruments;
and
`(K) to identify scientifically based research where available
and appropriate, or the most rigorous research available and appropriate,
on the effectiveness of instructional practices and organizational strategies
relating to literacy programs on the acquisition of skills in reading,
writing, English acquisition, and mathematics.'; and
(B) by adding at the end the following:
`(3) COORDINATION- In identifying the reliable and replicable research
the Institute will support, the Institute shall use standards for research
quality that are consistent with those of the Institute of Education Sciences.';
(A) in paragraph (1)(B)--
(i) in clause (i), by striking `literacy programs' and inserting
`language acquisition programs';
(ii) in clause (ii), by striking `literacy programs' and inserting
`or have participated in or partnered with workplace literacy programs';
(iii) in clause (iv), by inserting `, including adult literacy
research' after `research';
(iv) in clause (vi), by striking `and' after the semicolon;
(v) in clause (vii), by striking the period at the end and inserting
`; and'; and
(vi) by adding at the end the following:
`(viii) institutions of higher education.';
(i) in subparagraph (B), by striking `and' after the semicolon;
(ii) in subparagraph (C), by striking the period at the end and
inserting `; and'; and
(iii) by adding at the end the following:
`(D) review the biennial report submitted to Congress pursuant
to subsection (k).'; and
(C) in paragraph (5), by striking the second sentence and inserting
the following: `A recommendation of the Board may be passed only by
a majority of the Board's members present at a meeting for which there
is a quorum.'; and
(A) by striking `Labor and Human Resources' and inserting `Health,
Education, Labor, and Pensions'; and
(B) by striking `The Institute shall submit a report biennially
to' and inserting `Not later than 1 year after the date of enactment
of the Adult Education and Family Literacy Act Amendments of 2005, and
biennially thereafter, the Institute shall submit a report to'.
SEC. 217. NATIONAL LEADERSHIP ACTIVITIES.
Section 243 of the Adult Education and Family Literacy Act (20 U.S.C.
9253) is amended to read as follows:
`SEC. 243. NATIONAL LEADERSHIP ACTIVITIES.
`(a) IN GENERAL- The Secretary shall establish and carry out a program
of national leadership activities to enhance the quality of adult education
and literacy programs nationwide.
`(b) PERMISSIVE ACTIVITIES- The national leadership activities described
in subsection (a) may include the following:
`(1) Technical assistance, including--
`(A) assistance provided to eligible providers in developing 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 successful methods and techniques for providing
adult education and literacy activities, including family literacy services,
based on scientific evidence where available;
`(C) assistance in distance learning and promoting and improving
the use of technology in the classroom;
`(D) assistance in developing valid, measurable, and reliable performance
data, including data about employment and employment outcome, and using
performance information for the improvement of adult education and literacy
programs; and
`(E) assistance to help States, particularly low-performing States,
meet the requirements of section 212.
`(2) A program of grants, contracts, or cooperative agreements awarded
on a competitive basis to national, regional, or local networks of private
nonprofit organizations, public libraries, or institutions of higher education
to build the capacity of such networks' members to meet the performance
requirements of eligible providers under this title and involve adult
learners in program improvement.
`(3) 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 institutions, organizations, or agencies, such as--
`(A) developing, improving, and identifying the most successful
methods and techniques for addressing the education needs of adults,
including instructional practices using the essential components of
reading instruction based on the work of the National Institute of Child
Health and Human Development;
`(B) increasing the effectiveness of, and improving the quality
of, adult education and literacy activities, including family literacy
services;
`(C) carrying out rigorous research, including scientifically based
research where appropriate, on national literacy basic skill acquisition
for adult learning, including estimating the number of adults functioning
at the lowest levels of literacy proficiency;
`(D)(i) carrying out demonstration programs;
`(ii) disseminating best practices information, including information
regarding promising practices resulting from federally funded demonstration
programs; and
`(iii) developing and replicating best practices and innovative
programs, including--
`(I) the development of models for basic skill certificates;
`(II) the identification of effective strategies for working
with adults with learning disabilities and with adults with limited
English proficiency;
`(III) integrated basic and workplace skills education programs;
`(IV) coordinated literacy and employment services; and
`(V) postsecondary education transition programs;
`(E) providing for the conduct of an independent evaluation and
assessment of adult education and literacy activities 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 literacy services;
`(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 participants in such activities to involvement in further
education and training, enhance the employment and earnings of such
participants, and, if applicable, lead to other positive outcomes,
such as reductions in recidivism 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 family literacy programs
increase the rate of enrollment in, and successful completion of,
such programs; and
`(iv) the extent to which different types of providers measurably
improve the skills of participants in adult education and literacy
programs;
`(F) supporting efforts aimed at capacity building of programs
at the State and local levels such as technical assistance in program
planning, assessment, evaluation, and monitoring of activities carried
out under this subtitle;
`(G) collecting data, such as data regarding the improvement of
both local and State data systems, through technical assistance and
development of model performance data collection systems;
`(H) supporting the development of an entity that would produce
and distribute technology-based programs and materials for adult education
and literacy programs using an interconnection system (as defined in
section 397 of the Communications Act of 1934 (47 U.S.C. 397)) and expand
the effective outreach and use of such programs and materials to adult
education eligible providers;
`(I) determining how participation in adult education and literacy
activities prepares individuals for entry into postsecondary education
and employment and, in the case of prison-based services, has an effect
on recidivism; and
`(J) other activities designed to enhance the quality of adult
education and literacy activities nationwide.'.
SEC. 218. INTEGRATED ENGLISH LITERACY AND CIVICS EDUCATION.
Chapter 4 of subtitle A of title II (29 U.S.C. 9251 et seq.) is amended
by adding at the end the following:
`SEC. 244. INTEGRATED ENGLISH LITERACY AND CIVICS EDUCATION.
`(a) IN GENERAL- From funds made available under section 211(a)(4)
for each fiscal year, the Secretary shall award grants to States, from allotments
under subsection (b), for integrated English literacy and civics education.
`(1) IN GENERAL- Subject to paragraph (2), from amounts made available
under section 211(a)(4) for a fiscal year, the Secretary shall allocate--
`(A) 65 percent to the States on the basis of a State's need for
integrated English literacy and civics education, as determined by calculating
each State's share of a 10-year average of the data of the Office of
Immigration Statistics of the Department of Homeland Security for immigrants
admitted for legal permanent residence for the 10 most recent years;
and
`(B) 35 percent to the States on the basis of whether the State
experienced growth, as measured by the average of the 3 most recent
years for which the data of the Office of Immigration Statistics of
the Department of Homeland Security for immigrants admitted for legal
permanent residence are available.
`(2) MINIMUM- No State shall receive an allotment under paragraph
(1) in an amount that is less than $60,000.'.
SEC. 219. TRANSITION.
The Secretary shall take such steps as the Secretary determines to
be appropriate to provide for the orderly transition to the authority of
the Adult Education and Family Literacy Act (as amended by this title) from
any authority under provisions of the Adult Education and Family Literacy
Act (as such Act was in effect on the day before the date of enactment of
the Adult Education and Family Literacy Act Amendments of 2005).
TITLE III--AMENDMENTS TO OTHER PROVISIONS OF LAW
SEC. 301. WAGNER-PEYSER ACT.
(a) CONFORMING AMENDMENT- Section 2(3) of the Wagner-Peyser Act (29
U.S.C. 49a(3)) is amended by striking `section 134(c)' and inserting `section
121(e)'.
(b) COLOCATION- Section 3 of the Wagner-Peyser Act (29 U.S.C. 49b)
is amended by adding at the end the following:
`(d) In order to avoid duplication of services and enhance integration
of services, employment services offices in each State shall be colocated
with one-stop centers established under title I of the Workforce Investment
Act of 1998 (29 U.S.C. 2801 et seq.).
`(e) The Secretary, in consultation with States, is authorized to assist
in the development of national electronic tools that may be used to improve
access to workforce information for individuals through--
`(1) the one-stop delivery systems established under section 121(e)
of the Workforce Investment Act of 1998 (29 U.S.C. 2841(e)); and
`(2) such other delivery systems as the Secretary determines to be
appropriate.'.
(c) WORKFORCE AND LABOR MARKET INFORMATION SYSTEM- Section 15 of the
Wagner-Peyser Act (29 U.S.C. 49l-2) is amended--
(1) by striking the section heading and inserting the following:
`SEC. 15. WORKFORCE AND LABOR MARKET INFORMATION SYSTEM.';
(2) by striking `employment statistics system' each place it appears
and inserting `workforce and labor market information system';
(3) in subsection (a)(1), by striking `of employment statistics';
(i) by striking `The' and inserting the following:
`(A) STRUCTURE- The'; and
(ii) by adding at the end the following:
`(B) GRANTS OR COOPERATIVE AGREEMENTS-
`(i) IN GENERAL- The Secretary shall carry out the provisions
of this section in a timely manner through grants or cooperative agreements
with States.
`(ii) DISTRIBUTION OF FUNDS- With regard to distributing funds
appropriated under subsection (g) (relating to workforce and labor
market information funding) for fiscal years 2006 through 2011, the
Secretary shall continue to distribute the funds to States in the
manner in which the Secretary distributed funds to the States under
this section for fiscal years 1999 through 2003.'; and
(B) in paragraph (2)(E)--
(i) in clause (i), by adding `and' at the end;
(ii) in clause (ii), by striking `; and' and inserting a period;
and
(iii) by striking clause (iii);
(5) by striking subsections (c) and (d) and inserting the following:
`(c) TWO-YEAR PLAN- The Secretary, working through the Commissioner
of Labor Statistics, and in cooperation with the States and with the assistance
of the Assistant Secretary for Employment and Training and heads of other
appropriate Federal agencies, shall prepare a 2-year plan which shall be
the mechanism for achieving cooperative management of the nationwide workforce
and labor market information system described in subsection (a) and the
statewide workforce and labor market information systems that comprise the
nationwide system. The plan shall--
`(1) describe the steps the to be taken in the following 2 years
to carry out the duties described in subsection (b)(2);
`(2) evaluate the performance of the system and recommend needed
improvements, with particular attention to the improvements needed at
the State and local levels; and
`(3) describe the involvement of States in the development of the
plan, through consultation between the Secretary and representatives from
State agencies in accordance with subsection (d).
`(d) COORDINATION WITH THE STATES- The Secretary, working though the
Commissioner of Labor Statistics and in coordination with the Assistant
Secretary for Employment and Training, shall formally consult at least twice
annually with representatives of each of the Federal regions of the Department
of Labor, elected (pursuant to a process established by the Secretary) by
and from the State workforce and labor market information directors affiliated
with the State agencies that perform the duties described in subsection
(e)(2).';
(A) in paragraph (1)(A), by striking `annual plan' and inserting
`plan described in subsection (c)'; and
(i) in subparagraph (G), by adding `and' at the end;
(ii) by striking subparagraph (H); and
(iii) by redesignating subparagraph (I) as subparagraph (H);
and
(7) in subsection (g), by striking `1999 through 2004' and inserting
`2006 through 2011'.
TITLE IV--REHABILITATION ACT AMENDMENTS
SEC. 401. SHORT TITLE.
This title may be cited as the `Rehabilitation Act Amendments of 2005'.
SEC. 402. TECHNICAL AMENDMENTS TO TABLE OF CONTENTS.
(a) EXPANDED TRANSITION SERVICES- Section 1(b) of the Rehabilitation
Act of 1973 is amended by inserting after the item relating to section 110
the following:
`Sec. 110A. Reservation for expanded transition services.'.
(b) INCENTIVE GRANTS- Section 1(b) of the Rehabilitation Act of 1973
is amended by inserting after the item relating to section 112 the following:
`Sec. 113. Incentive grants.'.
(c) INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND-
Section 1(b) of the Rehabilitation Act of 1973 is amended by striking the
items relating to sections 752 and 753 and inserting the following:
`Sec. 752. Training and technical assistance.
`Sec. 753. Program of grants.
`Sec. 754. Authorization of appropriations.'.
SEC. 403. PURPOSE.
Section 2 of the Rehabilitation Act of 1973 (29 U.S.C. 701) is amended--
(A) in paragraph (5), by striking `and' after the semicolon;
(B) in paragraph (6), by striking the period at the end and inserting
`; and'; and
(C) by adding at the end the following:
`(7)(A) a high proportion of youth who are individuals with disabilities
is leaving special education without being employed or being enrolled
in continuing education; and
`(B) there is a substantial need to support those youth as the youth
transition from school to postsecondary life.'; and
(A) in paragraph (1)(F), by striking `and' after the semicolon;
(B) in paragraph (2), by striking the period at the end and inserting
`; and'; and
(C) by adding at the end the following:
`(3) to provide opportunities for employers and vocational rehabilitation
service providers to provide meaningful input at all levels of government
to ensure successful employment of individuals with disabilities.'.
SEC. 404. REHABILITATION SERVICES ADMINISTRATION.
Section 3 of the Rehabilitation Act of 1973 (29 U.S.C. 702) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
`(b) The Secretary shall ensure that--
`(1) the Rehabilitation Services Administration has sufficient staff
to provide oversight of, conduct auditing of, and provide technical assistance
to, the designated State agencies funded under this Act; and
`(2) such staff include individuals who have training in and experience
with the provision of vocational rehabilitation services.'.
SEC. 405. DEFINITIONS.
Section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705) is amended--
(1) in paragraph (2)(B)--
(A) in the matter preceding clause (i), by inserting `and literacy
services' after `supported employment'; and
(B) in clause (iii), by inserting `and literacy skills' after `educational
achievements';
(2) by striking paragraphs (3) and (4) and inserting the following:
`(3) ASSISTIVE TECHNOLOGY DEFINITIONS-
`(A) ASSISTIVE TECHNOLOGY- The term `assistive technology' has
the meaning given such term in section 3 of the Assistive Technology
Act of 1998 (29 U.S.C. 3002).
`(B) ASSISTIVE TECHNOLOGY DEVICE- The term `assistive technology
device' has the meaning given such term in section 3 of the Assistive
Technology Act of 1998, except that the reference in such section to
the term `individuals with disabilities' shall be deemed to mean more
than one individual with a disability as defined in paragraph (20)(A).
`(C) ASSISTIVE TECHNOLOGY SERVICE- The term `assistive technology
service' has the meaning given such term in section 3 of the Assistive
Technology Act of 1998, except that the reference in such section--
`(i) to the term `individual with a disability' shall be deemed
to mean an individual with a disability, as defined in paragraph (20)(A);
and
`(ii) to the term `individuals with disabilities' shall be deemed
to mean more than one such individual.';
(3) by inserting after paragraph (6) the following:
`(7) CONSUMER ORGANIZATION- The term `consumer organization' means
a membership organization, or disability advocacy group, for which a majority
of the members of the board of directors of the organization or group
are individuals with disabilities or family members of individuals with
disabilities.';
(A) in subparagraph (C), by striking `and' after the semicolon;
(B) in subparagraph (D), by striking the period at the end and
inserting `; and'; and
(C) by adding at the end the following:
`(E)(i) facilitating transitions of--
`(I) youth who are individuals with significant disabilities
and have completed individualized education programs under section
614(d) of the Individuals with Disabilities Education Act (20 U.S.C.
1414(d)) to postsecondary life, including employment; and
`(II) individuals with significant disabilities from nursing
homes and other institutions, including institutions serving individuals
with cognitive disabilities, to community-based residences; and
`(ii) assisting individuals with significant disabilities at risk
of entering institutions to remain in the community.';
(5) by redesignating paragraphs (24) through (28), (29) through (34),
(35) through (37), and (38) through (39), as paragraphs (25) through (29),
(31) through (36), (38) through (40), and (42) through (43), respectively;
(6) by inserting after paragraph (23) the following:
`(24) LITERACY- The term `literacy' has the meaning given the term
in section 203 of the Adult Education and Family Literacy Act (20 U.S.C.
9202).';
(7) by inserting after paragraph (29), as redesignated by paragraph
(5), the following:
`(30) POST-EMPLOYMENT SERVICE- The term `post-employment' service
means a service identified in section 103(a) that is--
`(A) provided subsequent to the achievement of an employment outcome;
and
`(B) necessary for an individual to maintain, regain, or advance
in employment, consistent with the individual's strengths, resources,
priorities, concerns, abilities, capabilities, interests, and informed
choice.';
(8) by inserting after paragraph (36), as redesignated by paragraph
(5), the following:
`(37) STUDENT WITH A DISABILITY-
`(A) IN GENERAL- The term `student with a disability' means an
individual with a disability who attends an elementary school or secondary
school and who--
`(i) is not younger than 16 years of age;
`(ii) is not older than 22 years of age;
`(iii) has been determined to be eligible under section 102(a)
for assistance under title I; and
`(iv)(I) is eligible for, and receiving, special education or
related services under part B of the Individuals with Disabilities
Education Act (20 U.S.C. 1411 et seq.); or
`(II) is an individual with a disability, for purposes of section
504.
`(B) STUDENTS WITH DISABILITIES- The term `students with disabilities'
means more than 1 student with a disability.';
(9) in paragraph (38)(A)(ii), as redesignated by paragraph (5), by
striking `paragraph (36)(C)' and inserting `paragraph (39)(C)'; and
(10) by inserting after paragraph (40), as redesignated by paragraph
(5), the following:
`(41) TRANSITION SERVICES EXPANSION YEAR- The term `transition services
expansion year' means--
`(A) the first fiscal year for which the amount appropriated under
section 100(b) exceeds the amount appropriated under section 100(b)
for fiscal year 2006 by not less than $100,000,000; and
`(B) each fiscal year subsequent to that first fiscal year.'.
SEC. 406. ADMINISTRATION OF THE ACT.
Section 12(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 709(a)(1))
is amended--
(1) by inserting `(A)' after `(1)'; and
(2) by adding at the end the following:
`(B) provide technical assistance to the designated State units on
developing successful partnerships with local and multi-State businesses
in an effort to employ individuals with disabilities; and
`(C) provide technical assistance on developing self-employment opportunities
and outcomes for individuals with disabilities;'.
SEC. 407. REPORTS.
Section 13 of the Rehabilitation Act of 1973 (29 U.S.C. 710) is amended
by adding at the end the following:
`(d)(1)(A) The Commissioner shall ensure that the reports, information,
and data described in subparagraph (B) will be posted in a timely manner
on the website of the Department of Education, in order to inform the public
about the administration and performance of programs in each State under
this Act.
`(B) The reports, information, and data referred to in subparagraph
(A) shall consist of--
`(i) reports submitted by a designated State unit under this Act;
`(ii) accountability information (including State performance information
relating to evaluation standards and performance indicators under section
106 and State performance information relating to State performance measures
under section 136 of the Workforce Investment Act of 1998 (29 U.S.C. 2871))
submitted by a designated State unit under this Act or submitted by a
State to the Secretary of Labor under subsection (d) of such section 136;
`(iii) data collected from each designated State unit under this
Act with the approval of the Office of Management and Budget; and
`(iv) monitoring reports conducted under this Act.
`(C) The Commissioner shall maintain, and post on the website, a listing
of the reports, information, and data required to be submitted by designated
State units under this Act.
`(D) The Commissioner shall post on the website, or establish links
on the website to, evaluations, studies, and audits, including evaluations,
studies, and audits conducted by agencies of the Federal Government, concerning
programs carried out under this Act.
`(E) The Commissioner shall maintain on the website a list of the designated
State units and shall establish links on the website to websites maintained
by those units.
`(2) The Commissioner shall maintain public use read-only access to
the State and aggregated reports and analyzed data filed and maintained
on the Rehabilitation Services Administration management information system
or a similar system maintained by the Department of Education.'.
SEC. 408. CARRYOVER.
Section 19 of the Rehabilitation Act of 1973 (29 U.S.C. 716) is amended--
(1) in subsection (a)(1)--
(A) by inserting `(except for the client assistance program funded
under section 112)' after `any grant program under part B of title I';
(B) by striking `, section 509 (except as provided in section 509(b))';
(C) by striking `or C'; and
(D) by striking `752(b)' and inserting `753(b)'; and
(2) by adding at the end the following:
`(c) CLIENT ASSISTANCE PROGRAM; PROTECTION AND ADVOCACY OF INDIVIDUAL
RIGHTS-
`(1) APPROPRIATED AMOUNTS- Notwithstanding any other provision of
law, any funds appropriated for a fiscal year to carry out a grant program
under section 112 or 509 (except as provided in section 509(b)), including
any funds reallotted under such grant program, that are not obligated
and expended by recipients prior to the beginning of the succeeding fiscal
year shall remain available for obligation and expenditure by such recipients
during such succeeding fiscal year.
`(2) PROGRAM INCOME- Notwithstanding any other provision of law,
any amounts of program income received by recipients under a grant program
under section 112 or 509 in a fiscal year that are not obligated and expended
by recipients prior to the beginning of the succeeding fiscal year, shall
remain available until expended.'.
Subtitle A--Vocational Rehabilitation Services
SEC. 411. DECLARATION OF POLICY; AUTHORIZATION OF APPROPRIATIONS.
Section 100(b)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 720(b)(1))
is amended by striking `fiscal years 1999 through 2003' and inserting `fiscal
years 2006 through 2011'.
SEC. 412. STATE PLANS.
(a) IN GENERAL- Section 101(a) of the Rehabilitation Act of 1973 (29
U.S.C. 721(a)) is amended--
(1) in paragraph (2), by adding at the end the following:
`(D) STATE AGENCY FOR REIMBURSEMENT PURPOSES- A governing body
of an Indian tribe that receives a grant under section 121 shall be
considered, for purposes of the cost reimbursement provisions--
`(i) in section 222(d)(1) of the Social Security Act (42 U.S.C.
422(d)(1)), to be a State; and
`(ii) in subsections (d) and (e) of section 1615 of the Social
Security Act (42 U.S.C. 1382d), to be a State agency described in
subsection (d) of that section.';
(2) in paragraph (6)(B), by striking `to employ and advance in employment'
and inserting `to recruit, employ, and advance in employment';
(3) in paragraph (7)(A)(v), by striking subclause (I) and inserting
the following:
`(I) a system for the continuing education of rehabilitation
professionals and paraprofessionals within the designated State
unit, particularly with respect to rehabilitation technology, including
training implemented in coordination with State programs carried
out under section 4 of the Assistive Technology Act of 1998 (29
U.S.C. 3003); and';
(A) in subparagraph (B), by striking `annual reporting on the eligible
individuals receiving the services, on those specific data elements
described in section 136(d)(2) of the Workforce Investment Act of 1998'
and inserting `annual reporting of information on eligible individuals
receiving the services that is needed to assess performance on the core
indicators of performance described in section 136(b)(2)(A)(i) of the
Workforce Investment Act of 1998 (29 U.S.C. 2871(b)(2)(A)(i))';
(B) in subparagraph (C), by striking clauses (iii) and (iv) and
inserting the following:
`(iii) the number of applicants and eligible recipients, including
the number of individuals with significant disabilities, who exited
the program carried out under this title and the number of such individuals
who achieved employment outcomes after receiving vocational rehabilitation
services; and
`(iv) the number of individuals who received vocational rehabilitation
services who entered and retained employment and the earnings of such
individuals, as such entry, retention, and earnings are defined for
purposes of the core indicators of performance described in section
136(b)(2)(A)(i) of the Workforce Investment Act of 1998 (29 U.S.C.
2871(b)(2)(A)(i)).'; and
(C) in subparagraph (E)(ii), by striking `in meeting' and all that
follows through the period and inserting `in meeting the standards and
indicators established pursuant to section 106.';
(A) by striking subparagraph (C) and inserting the following:
`(C) INTERAGENCY COOPERATION WITH OTHER AGENCIES- The State plan
shall include descriptions of interagency cooperation with, and utilization
of the services and facilities of, Federal, State, and local agencies
and programs, including the State programs carried out under section
4 of the Assistive Technology Act of 1998 (29 U.S.C. 3003), programs
carried out by the Under Secretary for Rural Development of the Department
of Agriculture, and State use contracting programs, to the extent that
such agencies and programs are not carrying out activities through the
statewide workforce investment system.';
(B) by striking subparagraph (D)(ii) and inserting the following:
`(ii) transition planning by personnel of the designated State
agency and the State educational agency that will facilitate the development
and completion of the individualized education programs under section
614(d) of the Individuals with Disabilities Education Act (20 U.S.C.
1414(d)) and, as appropriate, the development and completion of the
individualized plan for employment, in order to achieve post-school
employment outcomes of students with disabilities;'; and
(C) by adding at the end the following:
`(G) COORDINATION WITH ASSISTIVE TECHNOLOGY PROGRAMS- The State
plan shall include an assurance that the designated State unit, and
the lead agency and implementing agency (if any) designated by the Governor
of the State under section 4 of the Assistive Technology Act of 1998
(29 U.S.C. 3003), have developed working relationships and will enter
into agreements for the coordination of their activities, including
the referral of individuals with disabilities to programs and activities
described in that section.
`(H) COORDINATION WITH TICKET TO WORK AND SELF-SUFFICIENCY PROGRAM-
The State plan shall include an assurance that the designated State
unit will coordinate activities with any other State agency that is
functioning as an employment network under the Ticket to Work and Self-Sufficiency
Program established under section 1148 of the Social Security Act (42
U.S.C. 1320b-19).';
(A) in subparagraph (A)--
(I) in subclause (II), by striking `and' after the semicolon;
(II) in subclause (III), by inserting `and' after the semicolon;
and
(III) by adding at the end the following:
`(IV) for purposes of addressing needs in a transition services
expansion year, students with disabilities, including their need
for transition services;';
(ii) by redesignating clauses (ii) and (iii) as clauses (iii)
and (iv), respectively; and
(iii) by inserting after clause (i) the following:
`(ii) include an assessment of the needs of individuals with
disabilities for transition services provided under this Act, and
coordinated with transition services provided under the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.), and an assessment
as to whether the transition services provided under those Acts meet
the needs of individuals with disabilities;'; and
(B) in subparagraph (D)--
(i) by redesignating clauses (iii), (iv), and (v) as clauses
(iv), (v), and (vi), respectively; and
(ii) by inserting after clause (ii) the following:
`(iii) for use in a transition services expansion year, the methods
to be used to improve and expand vocational rehabilitation services
for students with disabilities, including the coordination of services
designed to facilitate the transition of such students from the receipt
of educational services in school to postsecondary life, including
the receipt of vocational rehabilitation services under this title,
postsecondary education, or employment;';
(A) by redesignating subparagraph (B) as subparagraph (C);
(B) by inserting after subparagraph (A) the following:
`(B) INFORMATION ON ASSISTANCE FOR BENEFICIARIES OF ASSISTANCE
UNDER TITLE II OR XVI OF THE SOCIAL SECURITY ACT- The State plan shall
include an assurance that the designated State agency will make available
to individuals entitled to benefits under title II or XVI of the Social
Security Act (42 U.S.C. 401 et seq., 1381 et seq.) on the basis of a
disability or blindness--
`(i) information on the availability of benefits and medical
assistance authorized under the State medicaid program under title
XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or under the
medicare program under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.), and medical assistance authorized under other
federally funded programs;
`(ii) information on the availability of assistance through benefits
planning and assistance programs authorized under section 1149 of
the Social Security Act (42 U.S.C. 1320b-20) and services provided
by the State protection and advocacy system and authorized under section
1150 of the Social Security Act (42 U.S.C. 1320b-21); and
`(iii) in the case of individuals who are also eligible for a
ticket under the Ticket to Work and Self-Sufficiency Program established
under section 1148 of the Social Security Act (42 U.S.C. 1320b-19),
general information regarding the options for using the ticket and
information on how to contact a program manager of the Ticket to Work
and Self-Sufficiency Program to obtain information on approved employment
networks, on providers for the benefits planning and assistance programs
described in subparagraph (B) in the State, and on the services provided
by the State protection and advocacy system and described in subparagraph
(B).'; and
(C) in subparagraph (C)(ii), as redesignated by subparagraph (A)--
(i) in subclause (II), by inserting `, to the maximum extent
possible,' after `point of contact'; and
(ii) in subclause (III), by striking `or regain' and inserting
`regain, or advance in'; and
(8) by adding at the end the following:
`(25) SERVICES FOR STUDENTS WITH DISABILITIES- The State plan for
a transition services expansion year shall provide an assurance satisfactory
to the Commissioner that the State--
`(A) has developed and shall implement, in each transition services
expansion year, strategies to address the needs identified in the assessment
described in paragraph (15), and achieve the goals and priorities identified
by the State, to improve and expand vocational rehabilitation services
for students with disabilities on a statewide basis in accordance with
paragraph (15); and
`(B) in each transition services expansion year--
`(i) shall not use more than 5 percent of the funds reserved
under section 110A and available for this subparagraph, to pay for
administrative costs; and
`(ii) shall use the remaining funds to carry out programs or
activities designed to improve and expand vocational rehabilitation
services for students with disabilities, through partnerships described
in subparagraph (C), that--
`(I) facilitate the transition of the students with disabilities
from the receipt of educational services in school, to the receipt
of vocational rehabilitation services 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 through the provision of transition services,
including improving the achievement through participation (as appropriate
when vocational goals are discussed) in meetings regarding individualized
education programs developed under section 614 of the Individuals
with Disabilities Education Act (20 U.S.C. 1414);
`(III) provide vocational guidance, career exploration services,
and job search skills and strategies and technical assistance to
students with disabilities;
`(IV) support the provision of training and technical assistance
to local educational agency personnel responsible for the planning
and provision of services to students with disabilities; and
`(V) support outreach activities to students with disabilities
who are eligible for, and need, services under this title; and
`(C) in each transition services expansion year, shall ensure that
the funds described in subparagraph (B)(ii) are awarded only to partnerships
that--
`(i) shall include local vocational rehabilitation services providers
and local educational agencies; and
`(ii) may include (or may have linkages with)--
`(I) other agencies such as employment, social service, and
health organizations, that contribute funds for the provision of
vocational rehabilitation services described in subparagraph (B)(ii)
for eligible students with disabilities; and
`(II) businesses and business-led intermediaries.'.
(b) CONSTRUCTION- Section 101 of the Rehabilitation Act of 1973 (29
U.S.C. 721) is amended by adding at the end the following:
`(1) DEFINITIONS- In this subsection, the terms `child with a disability',
`free appropriate public education', `related services', and `special
education' have the meanings given the terms in section 602 of the Individuals
with Disabilities Education Act (20 U.S.C. 1401).
`(2) OBLIGATION TO PROVIDE OR PAY FOR TRANSITION SERVICES- Nothing
in this part shall be construed to reduce the obligation of a local educational
agency or any other agency to provide or pay for any transition services
that are also considered special education or related services and that
are necessary for ensuring a free appropriate public education to children
with disabilities within the State involved.'.
SEC. 413. ELIGIBILITY AND INDIVIDUALIZED PLAN FOR EMPLOYMENT.
Section 102 of the Rehabilitation Act of 1973 (29 U.S.C. 722) is amended--
(i) in subparagraph (A), by striking the semicolon at the end
and inserting `, including a listing of all the community resources
(including resources from consumer organizations (including advocacy
organizations)), to the maximum extent possible, to assist in the
development of such individual's individualized plan for employment
to enable the individual to make informed and effective choices in
developing the individualized plan for employment;'; and
(ii) in subparagraph (D)--
(I) in clause (i), by striking `and' after the semicolon;
(II) in clause (ii), by striking the period at the end and
inserting a semicolon; and
(III) by adding at the end the following:
`(iii) for individuals entitled to benefits under title II or XVI
of the Social Security Act (42 U.S.C. 401 et seq., 1381 et seq.) on
the basis of a disability or blindness--
`(I) information on the availability of benefits and medical
assistance authorized under the State medicaid program under title
XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or under the
medicare program under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.), and medical assistance authorized under other
federally funded programs;
`(II) information on the availability of assistance through benefits
planning and assistance programs authorized under section 1149 of
the Social Security Act (42 U.S.C. 1320b-20) and services provided
by the State protection and advocacy system and authorized under section
1150 of the Social Security Act (42 U.S.C. 1320b-21); and
`(III) in the case of individuals who are also eligible for a
ticket under the Ticket to Work and Self-Sufficiency Program established
under section 1148 of the Social Security Act (42 U.S.C. 1320b-19),
general information regarding the options for using the ticket and
information on how to contact a program manager of the Ticket to Work
and Self-Sufficiency Program to obtain information on approved employment
networks, on providers for the benefits planning and assistance programs
described in subparagraph (B) in the State, and on the services provided
by the State protection and advocacy system and described in subparagraph
(B).';
(B) in paragraph (2)(E)--
(i) in clause (i)(II), by striking `and' after the semicolon;
(ii) in clause (ii), by striking the period at the end and inserting
`; and'; and
(iii) by adding at the end the following:
`(iii) amended, as necessary, to include the post-employment
services and service providers that are necessary for the individual
to maintain, regain, or advance in employment, consistent with the
individual's strengths, resources, priorities, concerns, abilities,
capabilities, interests, and informed choice.'; and
(i) in subparagraph (B)(i)(I), by striking `and personal assistance
services' and all that follows and inserting `mentoring services,
and personal assistance services, including training in the management
of such services, and referrals described in section 103(a)(3) to
the device reutilization programs and device demonstrations described
in subparagraphs (B) and (D) of section 4(e)(2) of the Assistive Technology
Act of 1998 (42 U.S.C. 3003(e)(2)) through agreements developed under
section 101(a)(11)(G); and';
(ii) in subparagraph (F)(ii), by striking `and' after the semicolon;
(iii) in subparagraph (G), by striking the period at the end
and inserting a semicolon; and
(iv) by adding at the end the following:
`(H) for a student with a disability, the description specified--
`(i) in subparagraph (A), which may be a description of the student's
projected post-school employment outcome; and
`(ii) in subparagraph (B)(i), which shall include the specific
transition services (including, as appropriate, work experience and
mentoring activities) needed to achieve the student's employment outcome
or projected employment outcome; and
`(I) for an individual who is receiving assistance from an employment
network under the Ticket to Work and Self-Sufficiency Program established
under section 1148 of the Social Security Act (42 U.S.C. 1320b-19),
a list of the services that are listed in the individual work plan that
the individual developed with the employment network under subsection
(g) of that section.'; and
(2) in subsection (c)(7), by inserting `that take into consideration
the informed choice of the individual' after `plan development'.
SEC. 414. VOCATIONAL REHABILITATION SERVICES.
Section 103 of the Rehabilitation Act of 1973 (29 U.S.C. 723) is amended--
(A) in paragraph (5), by inserting `literacy services,' after `vocational
adjustment services,';
(B) by striking paragraph (15) and inserting the following:
`(15) transition services for students with disabilities, that facilitate
the transition from school to postsecondary life (including employment
through the achievement of the employment outcome identified in the individualized
plan for employment), including, in a transition services expansion year,
services described in subclauses (I) through (III) of section 101(a)(25)(B)(ii);';
(C) in paragraph (17), by striking `and' after the semicolon;
(D) in paragraph (18), by striking the period at the end and inserting
`; and'; and
(E) by adding at the end the following:
`(19) mentoring services.'; and
(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 agencies in planning for the transition of
students with disabilities from school to postsecondary life, including
employment.
`(ii) In a transition services expansion year, training and technical
assistance described in section 101(a)(25)(B)(ii)(IV).
`(B) In a transition services expansion year, services for groups
of individuals with disabilities who meet the requirements of clauses
(i), (ii), and (iv) of section 7(37)(A), including services described
in subclauses (I), (II), (III), and (V) of section 101(a)(25)(B)(ii),
to assist in the transition from school to postsecondary life, including
employment.'.
SEC. 415. STATE REHABILITATION COUNCIL.
Section 105 of the Rehabilitation Act of 1973 (29 U.S.C. 725) is amended--
(A) in paragraph (1)(A)--
(i) by striking clause (ix) and inserting the following:
`(ix) in a State in which one or more projects provide services
under section 121, at least one representative of the directors of
the projects;';
(ii) in clause (x), by striking the `and' after the semicolon;
(iii) in clause (xi), by striking the period at the end and inserting
`; and'; and
(iv) by adding at the end the following:
`(xii) the director of the State's comprehensive statewide program
of technology-related assistance funded under section 4 of the Assistive
Technology Act of 1998 (29 U.S.C. 3003).'; and
(B) by striking paragraph (5) and inserting the following:
`(5) CHAIRPERSON- The Council shall select a chairperson from among
the voting membership of the Council.'; and
(2) in subsection (c)(6), by inserting before the semicolon the following:
`and with the activities of entities carrying out programs under the Assistive
Technology Act of 1998 (29 U.S.C. 3001 et seq.)'.
SEC. 416. EVALUATION STANDARDS AND PERFORMANCE INDICATORS.
Section 106 of the Rehabilitation Act of 1973 (29 U.S.C. 726) is amended--
(1) in subsection (a), by striking paragraph (1)(C) and all that
follows through paragraph (2) and inserting the following:
`(2) MEASURES- The standards and indicators shall include outcome
and related measures of program performance that include measures of the
program's performance with respect to the transition from school to postsecondary
life, including employment, and achievement of the postsecondary vocational
goals, of students with disabilities served under the program.'; and
(2) in subsection (b)(2)(B)(i), by striking `, if necessary' and
all that follows through the semicolon and inserting `, if the State has
not improved its performance to acceptable levels, as determined by the
Commissioner, direct the State to make further revisions to the plan to
improve performance, which may include revising the plan to allocate a
higher proportion of the State's resources (from allotments made under
section 110) for services to individuals with disabilities if the State
agency's spending on such services is low in comparison to spending on
such services by comparable agencies in other States;'.
SEC. 417. MONITORING AND REVIEW.
Section 107(b)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 727(b)(1))
is amended by inserting before the semicolon the following: `, including--
`(A) consulting with the Department of Labor, the Small Business
Administration, other appropriate Federal agencies, and businesses or
business-led intermediaries; and
`(B) based on information obtained through the consultations, providing
technical assistance that improves that quality by enabling designated
State units to develop successful partnerships with local and multi-State
businesses in an effort to employ individuals with disabilities, and
technical assistance on developing self-employment opportunities and
improving employment outcomes for individuals with disabilities'.
SEC. 418. STATE ALLOTMENTS.
Section 110 of the Rehabilitation Act of 1973 (29 U.S.C. 730) is amended--
(1) by striking subsection (b) and inserting the following:
`(b)(1) Not later than 45 days prior to the end of the fiscal year,
the Commissioner shall determine, after reasonable opportunity for the submission
to the Commissioner of comments by the State agency administering or supervising
the program established under this title, that any amount from the payment
of an allotment to a State under section 111(a) for any fiscal year will
not be utilized by such State in carrying out the purposes of this title.
`(2)(A) As soon as practicable but not later than the end of the fiscal
year, the Commissioner shall reallot the amount available under paragraph
(1) to other States, consistent with subparagraphs (B) and (C), for carrying
out the purposes of this title to the extent the Commissioner determines
such other State will be able to use such additional amount during that
fiscal year or the subsequent fiscal year for carrying out such purposes.
`(B)(i) The Commissioner shall reallot a portion of the amount available
under paragraph (1) for a fiscal year to each State whose allotment under
subsection (a) for such fiscal year is less than such State's allotment
under subsection (a) for the immediately preceding fiscal year adjusted
by the percentage change in the funds available for subsection (a) from
the immediately preceding fiscal year.
`(ii)(I) A State that is eligible to receive a reallotment under clause
(i) shall receive a portion for a fiscal year from the amount available
for reallotment under paragraph (1) that is equal to the difference between--
`(aa) the amount such State was allotted under subsection (a) for
such fiscal year; and
`(bb) the amount such State was allotted under subsection (a) for
the immediately preceding fiscal year adjusted by the percentage change
in the funds available for subsection (a) from the immediately preceding
fiscal year.
`(II) If the amount available for reallotment under paragraph (1) is
insufficient to provide each State eligible to receive a reallotment with
the portion described in subclause (I), the amount reallotted to each eligible
State shall be determined by the Commissioner.
`(C) If there are funds remaining after each State eligible to receive
a reallotment under subparagraph (B)(i) receives the portion described in
subparagraph (B)(ii), the Commissioner shall reallot the remaining funds
among the States requesting a reallotment.
`(3) The Commissioner shall reallot an amount to a State under this
subsection only if the State will be able to make sufficient payments from
non-Federal sources to pay for the non-Federal share of the cost of vocational
rehabilitation services under the State plan for the fiscal year for which
the amount was appropriated.
`(4) For the purposes of this part, any amount made available to a
State for any fiscal year pursuant to this subsection shall be regarded
as an increase of such State's allotment (as determined under the preceding
provisions of this section) for such year.'; and
(2) by striking subsection (c)(2) and inserting the following:
`(2)(A) In this paragraph:
`(i) The term `appropriated amount' means the amount appropriated
under section 100(b)(1) for allotment under this section.
`(ii) The term `covered year' means a fiscal year--
`(I) that begins after September 30, 2005; and
`(II) for which the appropriated amount exceeds the total of--
`(aa) the appropriated amount for the preceding fiscal year;
and
`(bb) 0.075 percent of the appropriated amount for the preceding
fiscal year.
`(B) For each covered year, the sum referred to in paragraph (1) shall
be, as determined by the Secretary--
`(i) not more than 1.5 percent of the appropriated amount for the
covered year; and
`(ii) not less than the total of the sum reserved under this subsection
for the preceding fiscal year and 0.1 percent of the appropriated amount
for the covered year, subject to clause (i).
`(C) For each fiscal year that is not a covered year, the sum referred
to in paragraph (1) shall be, as determined by the Secretary--
`(i) not more than 1.5 percent of the appropriated amount for the
fiscal year; and
`(ii) not less than the sum reserved under this subsection for the
preceding fiscal year, subject to clause (i).'.
SEC. 419. RESERVATION FOR EXPANDED TRANSITION SERVICES.
The Rehabilitation Act of 1973 is amended by inserting 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 Commissioner under subsection (b) to carry out programs and activities
under sections 101(a)(25)(B) and 103(b)(6).
`(b) CALCULATION- The Commissioner 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
`(2) the total amount allotted to all States under section 110 for
that prior fiscal year.'.
SEC. 420. CLIENT ASSISTANCE PROGRAM.
Section 112 of the Rehabilitation Act of 1973 (29 U.S.C. 732) is amended--
(A) in the first sentence, by striking `States' and inserting `agencies
designated under subsection (c)'; and
(B) in the second sentence, by striking `State' and inserting `State
in which the program is located';
(2) in subsection (b), by striking `the State has in effect not later
than October 1, 1984, a client assistance program which' and inserting
`the State has designated under subsection (c) an agency that';
(i) in subparagraph (A), by striking `The Secretary' and all
that follows through the period and inserting the following: `After
reserving funds under subparagraphs (E) and (F), the Secretary shall
allot the remainder of the sums appropriated for each fiscal year
under this section among the agencies designated under subsection
(c) within the States (referred to individually in this subsection
as a `designated agency') on the basis of relative population of each
State, except that no such agency shall receive less than $50,000.';
(ii) in subparagraph (B), by inserting `the designated agencies
located in' after `each to';
(iii) in subparagraph (D)(i)--
(I) by inserting `the designated agencies located in' after
`$100,000 for'; and
(II) by inserting `the designated agencies located in' after
`$45,000 for'; and
(iv) by adding at the end the following:
`(E)(i) For any fiscal year for which the amount appropriated to carry
out this section equals or exceeds $13,000,000, the Secretary shall reserve
funds appropriated under this section to make a grant to the protection
and advocacy system serving the American Indian Consortium to provide client
assistance services in accordance with this section. The amount of such
a grant shall be the same amount as is provided to a territory under subparagraph
(B), as increased under clauses (i) and (ii) of subparagraph (D).
`(ii) In this subparagraph:
`(I) The term `American Indian Consortium' has the meaning given
the term in section 102 of the Developmental Disabilities Assistance and
Bill of Rights Act of 2000 (42 U.S.C. 15002).
`(II) The term `protection and advocacy system' means a protection
and advocacy system established under subtitle C of title I of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041
et seq.).
`(F) For any fiscal year for which the amount appropriated to carry
out this section equals or exceeds $14,000,000, the Secretary shall reserve
not less than 1.8 percent and not more than 2.2 percent of such amount to
provide a grant for training and technical assistance for the programs established
under this section. Such training and technical assistance shall be coordinated
with activities provided under section 509(c)(1)(A).'; and
(i) by striking `State' each place such term appears and inserting
`designated agency'; and
(ii) by striking `States' each place such term appears and inserting
`designated agencies';
(4) in subsection (f), by striking `State' and inserting `agency
designated under subsection (c)';
(5) in subsection (g)(1), by striking `State' and inserting `State
in which the program is located'; and
(6) in subsection (h), by striking `fiscal years 1999 through 2003'
and inserting `fiscal years 2006 through 2011'.
SEC. 421. INCENTIVE GRANTS.
Part B of title I of the Rehabilitation Act of 1973 (29 U.S.C. 730
et seq.) is amended by adding at the end the following:
`SEC. 113. INCENTIVE GRANTS.
`(a) AUTHORITY- The Commissioner is authorized to make incentive grants
to States that, based on the criteria established under subsection (b)(1),
demonstrate--
`(1) a high level of performance; or
`(2) a significantly improved level of performance in a reporting
period as compared to the previous reporting period or periods.
`(1) ESTABLISHMENT- Not later than 180 days after the date of enactment
of this section, the Commissioner shall establish, and publish in the
Federal Register, criteria for making grant awards under subsection (a).
`(2) DEVELOPMENT AND EVALUATION STANDARDS- The criteria established
under paragraph (1) shall--
`(A) be developed with input from designated State agencies and
other vocational rehabilitation stakeholders, including vocational rehabilitation
consumers and consumer organizations (including advocacy organizations);
and
`(B) be based upon the evaluation standards and performance indicators
established under section 106 and other performance-related measures
that the Commissioner determines to be appropriate.
`(c) USE OF FUNDS- A State that receives a grant under subsection (a)
shall use the grant funds for any approved activities in the State's State
plan submitted under section 101.
`(d) NO NON-FEDERAL SHARE REQUIREMENT- The provisions of sections 101(a)(3)
and 111(a)(2) shall not apply to this section.
`(e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
to carry out this section such sums as may be necessary for each of fiscal
years 2006 through 2011.'.
SEC. 422. VOCATIONAL REHABILITATION SERVICES GRANTS.
Section 121 of the Rehabilitation Act of 1973 (29 U.S.C. 741) is amended--
(1) in subsection (a), in the first sentence, by inserting `, consistent
with such individuals' strengths, resources, priorities, concerns, abilities,
capabilities, interests, and informed choice, so that such individuals
may prepare for, and engage in, gainful employment' before the period
at the end; and
(i) in subparagraph (B), by striking `and' after the semicolon;
(ii) in subparagraph (C), by striking the period at the end and
inserting `; and'; and
(iii) by adding at the end the following:
`(D) contains assurances that--
`(i) all decisions affecting eligibility for vocational rehabilitation
services, the nature and scope of available services, and the provision
of such services, will be made by a representative of the tribal vocational
rehabilitation program; and
`(ii) such decisions will not be delegated to another agency or
individual.';
(B) in paragraph (3), by striking the first sentence and inserting
the following: `An application approved under this part that complies
with the program requirements set forth in the regulations promulgated
to carry out this part shall be effective for 5 years and shall be renewed
for additional 5-year periods if the Commissioner determines that the
grant recipient demonstrated acceptable past performance and the grant
recipient submits a plan, including a proposed budget, to the Commissioner
that the Commissioner approves that identifies future performance criteria,
goals, and objectives.'; and
(C) by striking paragraph (4) and inserting the following:
`(4) In allocating funds under this part, the Commissioner shall give
priority to paying the continuation costs of projects in existence on the
date of the allocation and may provide for increases in funding for such
projects that the Commissioner determines to be necessary.'.
SEC. 423. GAO STUDIES.
(a) STUDY ON TITLE I AND TICKET TO WORK-
(1) IN GENERAL- The Comptroller General of the United States shall
conduct a study on the interaction of programs carried out under title
I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.) with the Ticket
to Work and Self-Sufficiency Program established under section 1148 of
the Social Security Act (42 U.S.C. 1320b-19), including the impact of
the interaction on beneficiaries, community rehabilitation programs (as
defined in section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705)),
and State vocational rehabilitation agencies.
(2) CONDUCT OF STUDY- In conducting the study under paragraph (1),
the Comptroller General of the United States shall consult with all types
of participants in the Ticket to Work and Self-Sufficiency Program, including
the Social Security Administration, the Rehabilitation Services Administration,
ticketholders, designated State agencies, entities carrying out such community
rehabilitation programs (including employment networks and nonemployment
networks), protection and advocacy agencies, MAXIMUS, and organizations
representing the interests of ticketholders.
(3) REPORT TO CONGRESS- Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United States shall
submit the study conducted pursuant to this subsection to the appropriate
committees of Congress.
(b) STUDY ON THE ALLOTMENT FORMULA-
(1) IN GENERAL- The Comptroller General of the United States shall
conduct a study on the relationship between the State allotment formula
under section 110 of the Rehabilitation Act of 1973 (29 U.S.C. 730) and
the ability of States to provide vocational rehabilitation services in
accordance with the States' State plans under section 101 of such Act
(29 U.S.C. 721).
(2) CONDUCT OF STUDY- In conducting the study under paragraph (1),
the Comptroller General of the United States shall consult with appropriate
entities.
(3) REPORT TO CONGRESS- Not later than 12 months after the date of
enactment of this Act, the Comptroller General of the United States shall
submit the study conducted pursuant to this subsection to the appropriate
committees of Congress.
Subtitle B--Research and Training
SEC. 431. DECLARATION OF PURPOSE.
Section 200(3) of the Rehabilitation Act of 1973 (29 U.S.C. 760(3))
is amended by inserting `, in a timely and efficient manner,' before `through'.
SEC. 432. AUTHORIZATION OF APPROPRIATIONS.
Section 201 of the Rehabilitation Act of 1973 (29 U.S.C. 761) is amended--
(A) in paragraph (1), by striking `fiscal years 1999 through 2003'
and inserting `fiscal years 2006 through 2011'; and
(B) in paragraph (2), by striking `fiscal years 1999 through 2003'
and inserting `fiscal years 2006 through 2011'; and
(2) by adding at the end the following:
`(c) Of the sums appropriated under subsection (a)(1) for a fiscal
year, the Secretary may reserve not more than $200,000 for activities related
to convening a national assistive technology summit under section 202(b)(6).'.
SEC. 433. NATIONAL INSTITUTE ON DISABILITY AND REHABILITATION RESEARCH.
Section 202 of the Rehabilitation Act of 1973 (29 U.S.C. 762) is amended--
(A) in paragraph (6), by inserting before the semicolon the following:
`, including convening a national assistive technology summit, to be
held at or in conjunction with a national conference relating to assistive
technology with respect to all categories of disabilities'; and
(B) in paragraph (10), by striking `and telecommuting' and inserting
`, supported employment, and telecommuting';
(2) in subsection (f)(1)--
(A) by striking `Federal employees' and inserting `Department of
Education employees'; and
(B) by adding at the end the following: `The peer review panel
shall include a director of a designated State unit. Such panel shall
include a member of the covered school community (for an activity resulting
in educational materials or a product to be used in a covered school),
a member of the business community (for an activity resulting in a product
to be used in an employment activity), an assistive technology developer
or manufacturer (for an activity relating to assistive technology),
or an accessible electronic and information technology vendor or manufacturer
(for an activity relating to accessible electronic and information technology).';
(3) by redesignating subsections (i), (j), and (k) as subsections
(j), (k), and (l), respectively;
(4) by inserting after subsection (h) the following:
`(i)(1) The Director, with the assistance of the Rehabilitation Research
Advisory Council established under section 205, shall determine if entities
that receive financial assistance under this title are complying with the
applicable requirements of this Act and achieving measurable goals, described
in section 204(d)(2), that are consistent with the requirements of the programs
under which the entities received the financial assistance.
`(2) To assist the Director in carrying out the responsibilities described
in paragraph (1), the Director shall require recipients of financial assistance
under this title to submit relevant information to evaluate program outcomes
with respect to the measurable goals described in section 204(d)(2).'; and
(5) by adding at the end the following:
`(m)(1) Not later than December 31 of each year, the Director shall
prepare, and submit to the Secretary, the Committee on Education and the
Workforce of the House of Representatives, and the Committee on Health,
Education, Labor, and Pensions of the Senate, a report on the activities
funded under this title.
`(2) Such report shall include--
`(A) a compilation and summary of the information provided by recipients
of financial assistance for such activities under this title; and
`(B) a summary of the applications for financial assistance received
under this title and the progress of the recipients of financial assistance
in achieving the measurable goals described in section 204(d)(2).
`(n)(1) If the Director determines that an entity that receives financial
assistance under this title fails to comply with the applicable requirements
of this Act, or to make progress toward achieving the measurable goals described
in section 204(d)(2), with respect to the covered activities involved, the
Director shall assist the entity through technical assistance or other means,
within 90 days after such determination, to develop a corrective action
plan.
`(2) If the entity fails to develop and comply with a corrective action
plan described in paragraph (1) during a fiscal year, the entity shall be
subject to 1 of the following corrective actions selected by the Director:
`(A) Partial or complete termination of financial assistance for
the covered activities, until the entity develops and complies with such
a plan.
`(B) Ineligibility to receive financial assistance for such covered
activities for the following year.
`(3) The Secretary shall establish appeals procedures for entities
described in paragraph (1) that the Secretary determines fail to comply
with the applicable requirements of this Act, or to make progress toward
achieving the measurable goals.
`(4) As part of the annual report required under subsection (m), the
Director shall describe each action taken by the Director under paragraph
(1) or (2) and the outcomes of such action.'.
SEC. 434. INTERAGENCY COMMITTEE.
Section 203 of the Rehabilitation Act of 1973 (29 U.S.C. 763) is amended--
(1) in subsection (a)(1), by striking `and the Director of the National
Science Foundation' and inserting `the Director of the National Science
Foundation, the Secretary of Commerce, and the Administrator of the Small
Business Administration'; and
(2) in subsection (b)(2)--
(A) in subparagraph (D), by striking `and' after the semicolon;
(B) in subparagraph (E), by striking the period at the end and
inserting `; and'; and
(C) by adding at the end the following:
`(F) conduct a study, on the assistive technology industry, for which
the Committee shall--
`(i) determine the number of individuals who use assistive technology
and the scope of the technologies they use;
`(ii) separately identify categories of assistive technology companies
by the disability group served, and the type of product or service provided,
categorized by--
`(I) size (small, medium, and large) of the companies;
`(II) capitalization of the companies;
`(III) region in which the companies are located; and
`(IV) products or services produced by the companies;
`(iii) compile aggregate data on revenues and unit sales of such
companies, including information on international sales, for a recent
reporting period, categorized by institution or user type acquiring
the products or services, disability for which the products or services
are used, and industry segment for the companies;
`(iv) identify platform availability and usage, for those products
and services that are electronic and information technology-related;
`(v) identify the types of clients of the companies, such as Government,
school, business, private payor, and charitable clients, and funding
sources for the clients; and
`(vi) specify geographic segments for the companies, to determine
whether there are significant distinctions in industry opportunities
on the basis of geography, other than distinctions related to population.'.
SEC. 435. RESEARCH AND OTHER COVERED ACTIVITIES.
Section 204 of the Rehabilitation Act of 1973 (29 U.S.C. 764) is amended--
(A) in paragraph (2)(B)--
(i) in clause (vi), by striking `and' after the semicolon;
(ii) in clause (vii), by striking the period at the end and inserting
`; and'; and
(iii) by adding at the end the following:
`(viii) studies, analyses, and other activities affecting employment
outcomes, including self-employment and telecommuting, of individuals
with disabilities.'; and
(B) by adding at the end the following:
`(3) In carrying out this section, the Director shall emphasize covered
activities that are collaborations between--
`(A) for-profit companies working in the assistive technology, rehabilitative
engineering, or information technology fields; and
`(B) States or public or private agencies and organizations.
`(4) In carrying out this section, the Director shall emphasize covered
activities that include plans for--
`(A) dissemination of educational materials, research results, or
findings, conclusions, and recommendations resulting from covered activities;
or
`(B) the commercialization of marketable products resulting from
the covered activities.';
(A) in paragraph (1), by striking `(18)' each place it appears
and inserting `(19)';
(i) in subparagraph (A)(i), by striking `rehabilitation services
or' and inserting `rehabilitation services, developers or providers
of assistive technology devices, assistive technology services, or
information technology devices or services, or providers of';
(ii) in subparagraph (B)--
(I) in clause (i), by inserting `improve the evaluation process
for determining the assistive technology needs of individuals with
disabilities,'after `conditions,';
(II) in clause (ii), by inserting `and assistive technology
services' before the semicolon; and
(III) in clause (iii), by inserting `, assistive technology
services personnel,' before `and other';
(iii) in subparagraph (C)--
(I) in clause (i), by inserting `, including research on assistive
technology devices, assistive technology services, and accessible
electronic and information technology devices' before the semicolon;
and
(II) in clause (iii), by inserting `, including the use of
assistive technology devices and accessible electronic and information
technology devices in employment' before the semicolon;
(iv) in subparagraph (D), by inserting `, including training
to provide knowledge about assistive technology devices, assistive
technology services, and accessible electronic and information technology
devices and services,' after `personnel'; and
(v) in subparagraph (G)(i), by inserting `, assistive technology-related,
and accessible electronic and information technology-related' before
`courses';
(i) in subparagraph (D)(ii), by adding at the end the following:
`Each such Center conducting an activity relating to assistive technology
or relating to accessible electronic and information technology shall
include in the committee an assistive technology developer or manufacturer,
or an accessible electronic and information technology vendor or manufacturer,
respectively. Each such Center conducting an activity resulting in
educational materials or a product to be used in a covered school,
or resulting in a product to be used in an employment activity, shall
include in the committee a member of the covered school community,
or a member of the business community, respectively.'; and
(ii) in subparagraph (G)(ii) by inserting `the success of any
commercialized product researched or developed through the Center,'
after `disabilities,';
(D) in paragraph (8), by inserting `the Department of Commerce,
the Small Business Administration, the Department of Labor,' before
`other Federal agencies,';
(E) in paragraph (13), in the matter preceding subparagraph (A),
by striking `employment needs of individuals with disabilities' and
inserting `employment needs, opportunities, and outcomes, including
needs, opportunities, and outcomes relating to self-employment, supported
employment, and telecommuting, of individuals with disabilities, including
older individuals with disabilities, and students with disabilities
who are transitioning from school to postsecondary life, including employment';
and
(F) by adding at the end the following:
`(19) Research grants may be used to provide for research and demonstration
projects that--
`(A) explore methods and practices for promoting access to electronic
commerce activities for individuals with disabilities; and
`(i) ensure dissemination of research findings;
`(ii) provide encouragement and support for initiatives and new
approaches by companies engaged in electronic commerce activities; and
`(iii) result in the establishment and maintenance of close working
relationships between the disability, research, and business communities.';
(3) in subsection (c)(2), by striking `$500,000' and inserting `$750,000';
and
(4) by adding at the end the following:
`(d)(1) In awarding grants, contracts, or other financial assistance
under this title, the Director shall award the financial assistance on a
competitive basis.
`(2)(A) To be eligible to receive financial assistance described in
paragraph (1) for a covered activity, an entity shall submit an application
to the Director at such time, in such manner, and containing such information
as the Director may require.
`(B) The application shall include information describing--
`(i) measurable goals, and a timeline and specific plan for meeting
the goals, that the applicant has set for addressing priorities related
to--
`(I) commercialization of a marketable product (including a marketable
curriculum or research) resulting from the covered activity;
`(II) in the case of a covered activity relating to technology,
technology transfer;
`(III) in the case of research, dissemination of research results
to, as applicable, Government entities, individuals with disabilities,
covered schools, the business community, the assistive technology community,
and the accessible electronic and information technology community;
and
`(IV) other matters as required by the Director; and
`(ii) information describing how the applicant will quantifiably
measure the goals to determine whether the goals have been accomplished.
`(3)(A) In the case of an application for financial assistance under
this title to carry out a covered activity that results in the development
of a marketable product, the application shall also include a commercialization
and dissemination plan, containing commercialization and marketing strategies
for the product involved, and strategies for disseminating information about
the product. The financial assistance shall not be used to carry out the
commercialization and marketing strategies.
`(B) In the case of any other application for financial assistance
to carry out a covered activity under this title, the application shall
also include a dissemination plan, containing strategies for disseminating
educational materials, research results, or findings, conclusions, and recommendations,
resulting from the covered activity.'.
SEC. 436. REHABILITATION RESEARCH ADVISORY COUNCIL.
Section 205 of the Rehabilitation Act of 1973 (29 U.S.C. 765) is amended--
(1) in subsection (a), by inserting `at least' before `12'; and
(2) in subsection (c), by inserting after `rehabilitation researchers,'
the following: `the directors of community rehabilitation programs, the
business community (and shall include a representative of the small business
community) that has experience with the system of vocational rehabilitation
services carried out under this Act and with hiring individuals with disabilities,
the community of assistive technology developers and manufacturers, the
community of information technology vendors and manufacturers, the community
of entities carrying out programs under the Assistive Technology Act of
1998 (29 U.S.C. 3001 et seq.), the community of covered school professionals,'.
SEC. 437. DEFINITION.
Title II of the Rehabilitation Act of 1973 (29 U.S.C. 760 et seq.)
is amended by adding at the end the following:
`SEC. 206. DEFINITION.
`In this title, the term `covered school' means an elementary school
or secondary school (as such terms are defined in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801)) or an institution
of higher education.'.
Subtitle C--Professional Development and Special Projects and Demonstrations
SEC. 441. TRAINING.
Section 302 of the Rehabilitation Act of 1973 (29 U.S.C. 772) is amended--
(i) in subparagraph (F), by striking the `and' after the semicolon;
(ii) in subparagraph (G), by striking the period at the end and
inserting `; and'; and
(iii) by adding at the end the following:
`(H) personnel trained in providing assistive technology services.';
and
(B) in paragraph (4)(B), by striking `section 134(c)' and inserting
`section 121(e)';
(2) in subsection (b)(1)(B)(i), by striking `or prosthetics and orthotics'
and inserting `prosthetics and orthotics, rehabilitation teaching for
the blind, or orientation and mobility instruction'; and
(3) in subsection (i), by striking `fiscal years 1999 through 2003'
and inserting `fiscal years 2006 through 2011'.
SEC. 442. DEMONSTRATION AND TRAINING PROGRAMS.
Section 303 of the Rehabilitation Act of 1973 (29 U.S.C. 773) is amended--
(1) in subsection (b)(5)(A)(i), by striking `special projects' and
inserting `not less than 2 special projects';
(2) by redesignating subsections (c), (d), and (e) as subsections
(h), (i), and (j), respectively;
(3) by inserting after subsection (b) the following:
`(c) DEMONSTRATION PROJECTS FOR EMPLOYMENT OF STUDENTS WITH INTELLECTUAL
DISABILITIES OR MENTAL ILLNESS-
`(1) PURPOSE- The purpose of this subsection is to support model
demonstration projects to provide supported and competitive employment
experiences for students with intellectual disabilities or students with
mental illness, and training for personnel that work with students described
in this paragraph, to enable the students to gain employment skills and
experience that will promote effective transitions from school to postsecondary
life, including employment.
`(A) COMPETITIVE AWARDS AUTHORIZED- The Commissioner may award
grants, contracts, and cooperative agreements, on a competitive basis,
to eligible organizations described in paragraph (3), to enable the
organizations to carry out demonstration projects described in paragraph
(1).
`(B) DURATION- The Commissioner shall award grants, contracts,
and cooperative agreements under this subsection for periods of 3 to
5 years.
`(3) ELIGIBLE ORGANIZATIONS- To be eligible to receive a grant, contract,
or cooperative agreement under this subsection, an organization shall--
`(A) have expertise in providing employment and support services
for individuals with intellectual disabilities or individuals with mental
illness;
`(B) have a proven track record in successfully running supported
employment programs;
`(C) provide employment services that are exclusively integrated
community-based supported employment services;
`(D) have expertise in creating natural supports for employment;
`(E) have expertise in providing computer training for the targeted
population for the project involved; and
`(F) have experience operating mentoring programs for the target
population in middle and high schools for at least a decade in diverse
communities throughout the Nation.
`(4) APPLICATIONS- Each organization desiring to receive a grant,
contract, or cooperative agreement under this subsection shall submit
an application to the Commissioner at such time, in such manner, and including
such information as the Commissioner may require. Each application shall
include--
`(A) a description of how the organization plans to carry out the
activities authorized in this subsection through a demonstration project;
`(B) a description of how the organization will evaluate the project;
`(C) a description of how the organization will disseminate information
about the activities and the impact of the activities on the lives of
students served by the project; and
`(D) a description of how the organization will coordinate activities
with any other relevant service providers in the locality where the
organization is based, including federally supported independent living
centers.
`(5) AUTHORIZED ACTIVITIES- An organization that receives a grant,
contract, or cooperative agreement under this subsection shall use the
funds made available through the grant, contract, or cooperative agreement
to carry out 1 or more of the following activities for individuals, ages
14 through 21, who are students with intellectual disabilities or students
with mental illness:
`(A) PROVIDING SUPPORTED AND COMPETITIVE EMPLOYMENT EXPERIENCES-
The development of innovative and effective supported and competitive
employment experiences after school, on weekends, and in the summer,
utilizing natural supports that lead to competitive high-paying jobs.
`(B) PROVIDING TRAINING TO SCHOOL AND TRANSITION PERSONNEL- The
development and deployment of experts to work with transition programs
(including personnel working with students on transition) so that personnel
from the programs develop skills needed to train students with intellectual
disabilities or students with mental illness to be successful in competitive
employment in a range of settings, including office settings. The training
shall include training for the personnel in providing instruction to
students in computer skills, office skills, interview etiquette, and
appropriate social behavior required for successful long-term employment
in professional environments.
`(6) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to carry out this subsection $5,000,000 for fiscal year 2006
and such sums as may be necessary for fiscal years 2007 through 2011.
`(d) DEMONSTRATION PROJECT FOR EMPLOYMENT OF INDIVIDUALS WHO ARE DEAF
AND LOW FUNCTIONING-
`(1) PURPOSE- The purpose of this subsection is to support a model
demonstration project to provide training and employment and support services
for individuals who are deaf and low functioning to enable them to gain
employment skills that will allow them to become employed and economically
self-sufficient.
`(A) IN GENERAL- In this subsection, the term `individual who is
deaf and low functioning' means an individual who has been deaf from
birth or very early childhood, reads at or below the second grade level,
has little or no intelligible speech, and lacks a secondary school diploma
or its recognized equivalent.
`(B) SECONDARY DISABILITIES- Such term may include an individual
with a secondary disability.
`(A) COMPETITIVE GRANTS AUTHORIZED- The Commissioner may award
grants to State agencies, other public agencies or organizations, or
not-for-profit organizations with expertise in providing training and
employment and support services for individuals who are deaf and low
functioning to support model demonstration projects.
`(B) DURATION- Grants under this subsection shall be awarded for
a period not to exceed 5 years.
`(4) AUTHORIZED ACTIVITIES-
`(A) DEVELOPING A COMPREHENSIVE TRAINING PROGRAM- Each grant recipient
under this subsection shall develop an innovative, comprehensive training
program for individuals who are deaf and low functioning that can be
implemented at multiple training locations through such means as distance
learning and use of advanced technology, as appropriate. Such training
program shall be developed to maximize the potential for replication
of the program by other training providers.
`(B) IMPLEMENTATION- Each grant recipient under this subsection
shall implement the comprehensive training program developed under subparagraph
(A) as soon as feasible. Such training shall provide instruction on
the job and the social skills necessary for successful long-term employment
of individuals who are deaf and low functioning.
`(C) ESTABLISHING A POST-TRAINING PROGRAM OF EMPLOYMENT AND SUPPORT
SERVICES- Each grant recipient under this subsection shall implement
employment and support services to assist individuals who complete the
training program under subparagraph (A) in securing employment and transitioning
to the workplace, for a period of not less than 90 days subsequent to
placement in the employment.
`(5) APPLICATIONS- Each entity desiring to receive a grant under
this subsection for a model demonstration project shall submit an application
to the Commissioner at such time, in such manner, and accompanied by such
information as the Commissioner may require including--4 `(A) a description
of how the applicant plans to address the activities authorized under
this subsection;
`(B) a description of the evaluation plan to be used in the model
demonstration project;
`(C) a description of how the applicant will disseminate information
about the training program developed and the results of the project;
and
`(D) a description of how the entity will coordinate activities
with any other relevant service providers or entities providing training
and employment and support services for individuals who are deaf and
low functioning.
`(6) MANDATED EVALUATION AND DISSEMINATION ACTIVITIES-
`(A) ANNUAL REPORT- Not later than 2 years after the date on which
a grant under this subsection is awarded and annually thereafter, the
grant recipient shall submit to the Commissioner a report containing
information on--
`(i) the number of individuals who are participating in the demonstration
project funded under this subsection;
`(ii) the employment and other skills being taught in the project;
`(iii) the number of individuals participating in the project
that are placed in employment;
`(iv) the job sites in which those individuals are placed and
the type of jobs the individuals are placed in; and
`(v) the number of individuals who have dropped out of the project
and the reasons for their terminating participation in the project.
`(B) EVALUATION OF THE PROJECT- Each grant recipient under this
subsection shall implement the evaluation plan approved in its application
for determining the results of the project within the timeframe specified
in, and following the provisions of, the approved application.
`(C) PARTICIPANT EVALUATION PROCESS; FINAL EVALUATION- In the final
year of the project, the grant recipient will prepare and submit to
the Commissioner a final evaluation report of the results of the model
demonstration project containing--
`(I) the number of individuals who participated in the demonstration
project;
`(II) the number of those individuals that are placed in employment;
`(III) the job sites in which those individuals were placed
and the type of jobs the individuals were placed in;
`(IV) the number of those individuals who have dropped out
of the project and the reasons for their terminating participation
in the project; and
`(V) the number of those individuals who participated in the
project and who remain employed as of 2 months prior to the date
on which the final report is submitted to the Commissioner;
`(ii) a written analysis of the project, including both the strengths
and weaknesses of the project, to assist other entities in replicating
the training program developed through the project; and
`(iii) such other information as the Commissioner determines
appropriate.
`(D) DISSEMINATION- Not later than 5 years after the date on which
a grant is awarded under this subsection, the evaluation report containing
results of activities funded by such grant shall be disseminated to
designated State agencies, school systems providing instruction to students
who are individuals who are deaf and low functioning, supported employment
providers, postsecondary vocational training programs, employers, the
Social Security Administration, and other interested parties.
`(7) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to carry out this subsection, $5,000,000 for fiscal year
2006 and such sums as may be necessary for each of fiscal years 2007 through
2011.
`(e) TRAINING AND TECHNICAL ASSISTANCE CENTER TO PROMOTE HIGH-QUALITY
EMPLOYMENT OUTCOMES FOR INDIVIDUALS RECEIVING SERVICES FROM DESIGNATED STATE
AGENCIES-
`(1) IN GENERAL- The Commissioner shall award a grant, contract,
or cooperative agreement to an entity to support a training and technical
assistance program that--
`(A) responds to State-specific information requests concerning
high-quality employment outcomes, from designated State agencies funded
under title I, including--
`(i) requests for information on the expansion of self-employment,
business ownership, and business development opportunities, and other
types of entrepreneurial employment opportunities for individuals
with disabilities;
`(ii) requests for information on the expansion and improvement
of transition services to facilitate the transition of students with
disabilities from school to postsecondary life, including employment;
`(iii) requests for examples of policies, practices, procedures,
or regulations, that have enhanced or may enhance access to funding
for assistive technology devices and assistive technology services
for individuals with disabilities;
`(iv) requests for information on effective approaches to enhance
informed choice and a consumer-directed State vocational rehabilitation
system;
`(v) requests for assistance developing corrective action plans;
`(vi) requests for assistance in developing and implementing
effective data collection and reporting systems that measure the outcomes
of the vocational rehabilitation services, and preparing reports for
the Commissioner as described in section 106(b)(1); and
`(vii) requests for information on effective approaches that
enhance employment outcomes for individuals with disabilities, including
conducting outreach and forming partnerships with business and industry;
and
`(B) provides State-specific, regional, and national training and
technical assistance concerning vocational rehabilitation services and
related information to designated State agencies, including--
`(i) facilitating onsite and electronic information sharing using
state-of-the-art Internet technologies such as real-time online discussions,
multipoint video conferencing, and web-based audio/video broadcasts,
on emerging topics that affect vocational rehabilitation programs
authorized under title I;
`(ii) enabling the designated State agencies to coordinate training
and data collection efforts with one-stop centers established under
section 121(e) of the Workforce Investment Act of 1998 (29 U.S.C.
2841(e));
`(iii) enabling the designated State agencies to provide information
on how the vocational rehabilitation programs authorized under title
I can provide technical assistance to the one-stop centers on making
programs offered through the centers physically and programmatically
accessible to individuals with disabilities;
`(iv) sharing evidence-based and promising practices among the
vocational rehabilitation programs;
`(v) maintaining an accessible website that includes links to--
`(I) the vocational rehabilitation programs;
`(II) appropriate Federal departments and agencies, and private
associations;
`(III) State assistive technology device and assistive technology
service demonstration programs, device loan programs, device reutilization
programs, alternative financing systems, or State financing activities,
operated through, or independently of, comprehensive statewide programs
of technology-related assistance carried out under section 4 of
the Assistive Technology Act of 1998 (29 U.S.C. 3003), telework
programs, and other programs that provide sources of funding for
assistive technology devices; and
`(IV) various programs, including programs with tax credits,
available to employers for hiring or accommodating employees who
are individuals with disabilities;
`(vi) enhancing employment outcomes for individuals with mental
illness and individuals with cognitive disabilities;
`(vii) convening experts from the vocational rehabilitation programs
to discuss and make recommendations with regard to the employment
of individuals with disabilities and national emerging issues of importance
to individuals with vocational rehabilitation needs;
`(viii) enabling the designated State agencies to provide practical
information on effective approaches for business and industry to use
in employing individuals with disabilities, including provision of
reasonable accommodations;
`(ix) providing information on other emerging issues concerning
the delivery of publicly funded employment and training services and
supports to assist individuals with disabilities to enter the workforce,
achieve improved employment outcomes, and become economically self-sufficient;
and
`(x) carrying out such other activities as the Commissioner may
require.
`(2) ELIGIBLE ENTITIES- To be eligible to receive a grant, contract,
or cooperative agreement under this subsection, an entity shall have (or
agree to award a grant or contract to an entity that has)--
`(A) experience and expertise in administering vocational rehabilitation
services;
`(B) documented experience with and knowledge about self-employment,
business ownership, business development, and other types of entrepreneurial
employment opportunities and outcomes for individuals with disabilities,
providing transition services for students with disabilities, and assistive
technology; and
`(C) the expertise necessary to identify the additional data elements
needed to provide comprehensive reporting of activities and outcomes
of the vocational rehabilitation programs authorized under title I,
and experience in utilizing data to provide annual reports.
`(3) COLLABORATION- In developing and providing training and technical
assistance under this subsection, a recipient of a grant, contract, or
cooperative agreement under this subsection shall collaborate with other
organizations, in particular--
`(A) agencies carrying out vocational rehabilitation programs under
title I and national organizations representing such programs;
`(B) organizations representing individuals with disabilities;
`(C) organizations representing State officials and agencies engaged
in the delivery of assistive technology;
`(D) relevant employees from Federal departments and agencies,
other than the Department of Education;
`(E) representatives of businesses;
`(F) individuals with disabilities who use assistive technology
and understand the barriers to the acquisition of such technology and
assistive technology services; and
`(G) family members, guardians, advocates, and authorized representatives
of such individuals.
`(1) DEFINITION OF TELEWORK- In this subsection, the term `telework'
means work from home and other telework sites with the assistance of a
computer and with reasonable accommodations, including the necessary equipment
to facilitate successful work from home and other telework sites.
`(2) AUTHORIZATION OF PROGRAM- The Commissioner is authorized to
make grants to States and governing bodies of Indian tribes located on
Federal and State reservations (and consortia of such governing bodies)
to pay for the Federal share of the cost of establishing or expanding
a telework program.
`(3) APPLICATION- A State or Indian tribe that desires to receive
a grant under this subsection shall submit an application to the Commissioner
at such time, in such manner, and containing such information as the Commissioner
may require.
`(A) IN GENERAL- A State or Indian tribe that receives a grant
under this subsection shall establish or expand a telework program that
shall provide assistance through loans or other alternative financing
mechanisms to individuals with disabilities. The State or Indian tribe
shall provide the assistance through the program to enable such individuals
to purchase computers or other equipment, including adaptive equipment,
to facilitate access to employment and enhance employment outcomes by
providing the individual with the opportunity--
`(i) to work from home or other telework sites so that such individuals
are able to telework; or
`(ii) to become self-employed on a full-time or part-time basis
from home or other telework sites.
`(B) DEVELOPMENT OF TELEWORK OPPORTUNITIES AND BUSINESS PLANS-
A State or Indian tribe that receives a grant under this subsection
may use not more than 10 percent of the grant award to develop telework
opportunities with employers and assist in the development of business
plans for individuals with disabilities interested in self-employment,
before such individuals apply for assistance through the telework program.
`(C) SELF EMPLOYMENT- A State or Indian tribe that receives a grant
under this subsection shall enter into cooperative agreements with small
business development centers for the development of business plans as
described in section 103(a)(13) for individuals described in subparagraph
(B), and provide assurances that the State or Indian tribe will, through
plans to achieve self-support, vocational rehabilitation services, or
other means, identify ways for the individuals described in subparagraph
(B) to pay for the development of business plans, before such individuals
apply for assistance through the telework program.
`(D) DEFINITIONS- In this paragraph:
`(i) PLAN TO ACHIEVE SELF-SUPPORT- The term `plan to achieve
self-support' means a plan described in sections 416.1180 through
416.1182 of title 20, Code of Federal Regulations (or any corresponding
similar regulation or ruling).
`(ii) SMALL BUSINESS DEVELOPMENT CENTER- The term `small business
development center' means a center established under section 21 of
the Small Business Act (15 U.S.C. 648).
`(5) FEDERAL SHARE- The Federal share of the cost of establishing
or expanding a telework program under this section shall be 90 percent
of the cost.
`(6) EXISTING GRANT RECIPIENTS- An entity that receives a grant under
the Access to Telework Fund Program under subsection (b) for a fiscal
year may use the funds made available through that grant for that fiscal
year in accordance with this subsection rather than subsection (b).
`(A) IN GENERAL- A State or Indian tribe that receives a grant
under this subsection shall prepare and submit an annual report to the
Commissioner.
`(B) CONTENTS- The report under subparagraph (A) shall include
the following:
`(i) Information on the characteristics of each individual with
a disability that receives assistance through a loan or other alternative
financing mechanism under the program, including information about
the individual such as the following:
`(II) Employment status at the time of application for assistance
through a loan or other alternative financing mechanism under this
subsection.
`(III) Whether the individual attempted to secure financial
support from other sources to enable the individual to telework
and, if so, a description of such sources.
`(IV) Whether the individual is working and, if so, whether
the individual teleworks, the occupation in which the individual
is working, the hourly salary the individual receives, and the hourly
salary of the individual prior to receiving assistance through a
loan or other alternative financing mechanism under the program.
`(V) Whether the individual has repaid assistance from the
loan or other alternative financing mechanism received under the
program, is in repayment status, is delinquent on repayments, or
has defaulted on the assistance from the loan or other alternative
financing mechanism.
`(ii) An analysis of the individuals with disabilities that have
benefited from the program.
`(iii) Any other information that the Commissioner may require.
`(g) GRANTS FOR DISABILITY CAREER PATHWAYS PROGRAM-
`(1) DEFINITIONS- In this subsection:
`(A) CENTER FOR INDEPENDENT LIVING- The term `center for independent
living' means a center for independent living funded under subtitle
C of title VII.
`(B) COVERED INSTITUTION- The term `covered institution' means--
`(i) a secondary school; and
`(ii) in the discretion of the eligible consortium involved,
an institution of higher education.
`(C) ELIGIBLE CONSORTIUM- The term `eligible consortium' means
a consortium described in paragraph (3)(A).
`(D) SECONDARY SCHOOL- The term `secondary school' has the meaning
given the term in section 9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
`(2) PURPOSE OF PROGRAM- The Commissioner may establish a Disability
Career Pathways program, through which the Commissioner may make grants,
for periods of not more than 5 years, to institutions of higher education
that establish eligible consortia, to enable the consortia to develop
and carry out training and education related to disability studies and
leadership development. The consortia shall provide the training and education
for the purpose of providing career pathways for students at a covered
institution, in fields pertinent to individuals with disabilities, and
particularly pertinent to the employment of individuals with disabilities.
`(3) APPLICATION- To be eligible to receive a grant under this subsection
on behalf of a consortium, an institution of higher education shall submit
an application to the Commissioner at such time, in such manner, and containing
such information as the Commissioner may require, including information
demonstrating--
`(A) that the institution of higher education has established a
consortium of members that represent--
`(i) the institution of higher education;
`(ii) a community college;
`(iii) a secondary school;
`(iv) a center for independent living;
`(v) a designated State agency;
`(vi) a one-stop center established under section 121(e) of the
Workforce Investment Act of 1998 (29 U.S.C. 2841(e)); and
`(vii) the local business community;
`(B) the collaborative working relationships between the institution
of higher education and the other members of the consortium, and describing
the activities that each member shall undertake; and
`(C) the capacity and expertise of the institution of higher education--
`(i) to coordinate training and education related to disability
studies and leadership development with educational institutions and
disability-related organizations; and
`(ii) to conduct such training and education effectively.
`(4) DISTRIBUTION OF GRANTS- In making grants under this subsection,
the Commissioner shall ensure that the grants shall be distributed for
a geographically diverse set of eligible consortia throughout all regions.
`(5) MANDATORY USES OF FUNDS- An institution of higher education
that receives a grant under this subsection on behalf of a consortium
shall ensure that the consortium shall use the grant funds to--
`(A) encourage interest in, enhance awareness and understanding
of, and provide educational opportunities in, disability-related fields,
and encourage leadership development among students served by a covered
institution, including such students who are individuals with disabilities;
`(B) enable the students at a covered institution to gain practical
skills and identify work experience opportunities, including opportunities
developed by the consortium in conjunction with the private sector,
that benefit individuals with disabilities;
`(C) develop postsecondary school career pathways leading to gainful
employment, the attainment of an associate or baccalaureate degree,
or the completion of further coursework or a further degree, in a disability-related
field;
`(D) offer credit-bearing, college-level coursework in a disability-related
field to qualified students served by a covered institution; and
`(E) ensure faculty and staff employed by the members of the consortium
are available to--
`(i) students at a covered institution for educational and career
advising; and
`(ii) teachers and staff of a covered institution for disability-related
training.
`(6) PERMISSIBLE USES OF FUNDS- An institution of higher education
that receives a grant under this subsection on behalf of a consortium
may permit the consortium to use the grant funds to develop or adapt disabilities
studies curricula, including curricula with distance learning opportunities,
for use at covered institutions, to encourage students served by such
covered institutions to enter careers in disability-related fields.
`(7) CONSULTATION- The consortium shall consult with appropriate
agencies that serve or assist individuals with disabilities, and the parents,
family members, guardians, advocates, or authorized representatives of
the individuals, located in the jurisdiction served by the consortium,
concerning the program of education and training carried out by the consortium.
`(A) ADVISORY COMMITTEE- For an institution of higher education
to be eligible to receive a grant under this subsection on behalf of
a consortium, the consortium shall have an advisory committee that consists
of members that represent the interests of individuals with disabilities,
including--
`(i) a professional in the field of vocational rehabilitation;
`(ii) an individual with a disability or a family member of such
an individual; and
`(iii) a representative of each type of entity or community represented
on the consortium.
`(B) QUARTERLY REVIEWS- The advisory committee shall meet at least
once during each calendar quarter to conduct a review of the program
of education and training carried out by the consortium. The committee
shall directly advise the governing board of the institution of higher
education in the consortium about the views and recommendations of the
advisory committee resulting from the review.
`(9) ACCOUNTABILITY- Every 2 years, the Commissioner shall--
`(A) using information collected from the reviews required in paragraph
(8), assess the effectiveness of the Disability Career Pathways program
carried out under this subsection, including assessing how many individuals
were served by each eligible consortium and how many of those individuals
received postsecondary education, or entered into employment, in a disability-related
field; and
`(B) prepare and submit to Congress a report containing the results
of the assessments described in subparagraph (A).'; and
(4) in subsection (j), as redesignated by paragraph (2)--
(A) by striking `There' and inserting the following:
(B) in paragraph (1), as designated by subparagraph (A)--
(i) by striking `this section' and inserting `this section (other
than subsections (c) and (d))'; and
(ii) by striking `fiscal years 1999 through 2003' and inserting
`fiscal years 2006 through 2011'; and
(C) by adding at the end the following:
`(2) RESERVATIONS- Of the sums appropriated under paragraph (1) for
a fiscal year, the Secretary may reserve--
`(A) not more than $500,000 to carry out subsection (e);
`(B) not more than $5,000,000 to carry out subsection (f); and
`(C) not more than $5,000,000 to carry out subsection (g).'.
SEC. 443. MIGRANT AND SEASONAL FARMWORKERS.
Section 304(b) of the Rehabilitation Act of 1973 (29 U.S.C. 774(b))
is amended by striking `fiscal years 1999 through 2003' and inserting `fiscal
years 2006 through 2011'.
SEC. 444. RECREATIONAL PROGRAMS.
Section 305 of the Rehabilitation Act of 1973 (29 U.S.C. 775) is amended--
(1) in subsection (a)(1)(B), by striking `construction of facilities
for aquatic rehabilitation therapy,'; and
(2) in subsection (b), by striking `fiscal years 1999 through 2003'
and inserting `fiscal years 2006 through 2011'.
Subtitle D--National Council on Disability
SEC. 451. AUTHORIZATION OF APPROPRIATIONS.
Section 405 of the Rehabilitation Act of 1973 (29 U.S.C. 785) is amended
by striking `fiscal years 1999 through 2003' and inserting `fiscal years
2006 through 2011'.
Subtitle E--Rights and Advocacy
SEC. 461. ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD.
Section 502(j) of the Rehabilitation Act of 1973 (29 U.S.C. 792(j))
is amended by striking `fiscal years 1999 through 2003' and inserting `fiscal
years 2006 through 2011'.
SEC. 462. PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS.
Section 509 of the Rehabilitation Act of 1973 (29 U.S.C. 794e) is amended--
(1) in subsection (c)(1)(A), by inserting `a grant for' after `to
provide';
(2) in subsection (g)(2), by striking `was paid' and inserting `was
paid, except that program income generated from the amount paid to an
eligible system shall remain available to such system until expended';
(3) in subsection (l), by striking `fiscal years 1999 through
2003' and inserting `fiscal years 2006 through 2011';
(4) by redesignating subsections (l) and (m) as subsections
(m) and (n), respectively; and
(5) by inserting after subsection (k) the following:
`(l) SYSTEM AUTHORITY- For purposes of serving persons eligible
for services under this section, an eligible system shall have the same
general authorities, including access to records, as the system is afforded
under subtitle C of title I of the Developmental Disabilities Assistance
and Bill of Rights Act of 2000 (29 U.S.C. 796c et seq.), as determined by
the Commissioner.'.
Subtitle F--Employment Opportunities for Individuals With Disabilities
SEC. 471. PROJECTS WITH INDUSTRY.
Section 611(a) of the Rehabilitation Act of 1973 (29 U.S.C. 795(a))
is amended--
(1) in paragraph (1), by inserting `, locally and nationally' before
the period at the end; and
(A) in the matter preceding subparagraph (A), by inserting `local
and national' before `Projects With Industry'; and
(B) in subparagraph (A)--
(i) in clause (iii), by striking `and' after the semicolon;
(ii) in clause (iv), by inserting `and' after the semicolon;
and
(iii) by adding at the end the following:
`(v) coordinate activities with the Job Corps center industry councils
established under section 154 of the Workforce Investment Act of 1998
(29 U.S.C. 2894);'.
SEC. 472. PROJECTS WITH INDUSTRY AUTHORIZATION OF APPROPRIATIONS.
Section 612 of the Rehabilitation Act of 1973 (29 U.S.C. 795a) is amended
by striking `fiscal years 1999 through 2003' and inserting `fiscal years
2006 through 2011'.
SEC. 473. SERVICES FOR INDIVIDUALS WITH SIGNIFICANT DISABILITIES AUTHORIZATION
OF APPROPRIATIONS.
Section 628 of the Rehabilitation Act of 1973 (29 U.S.C. 795n) is amended
by striking `fiscal years 1999 through 2003' and inserting `fiscal years
2006 through 2011'.
Subtitle G--Independent Living Services and Centers for Independent
Living
SEC. 481. STATE PLAN.
Section 704 of the Rehabilitation Act of 1973 (29 U.S.C. 796c) is amended
by adding at the end the following:
`(o) PROMOTING FULL ACCESS TO COMMUNITY LIFE-
`(1) IN GENERAL- The plan shall describe how the State will provide
independent living services that promote full access to community life
for individuals with significant disabilities.
`(2) SERVICES- The services shall include, as appropriate--
`(A) facilitating transitions of--
`(i) youth who are individuals with significant disabilities
and have completed individualized education programs under section
614(d) of the Individuals with Disabilities Education Act (20 U.S.C.
1414(d)) to postsecondary life, including employment; and
`(ii) individuals with significant disabilities from nursing
homes and other institutions, including institutions serving individuals
with cognitive disabilities, to community-based residences;
`(B) assisting individuals with significant disabilities at risk
of entering institutions to remain in the community; and
`(C) promoting home ownership among individuals with significant
disabilities.'.
SEC. 482. STATEWIDE INDEPENDENT LIVING COUNCIL.
(a) ESTABLISHMENT- Section 705(a) of the Rehabilitation Act of 1973
(29 U.S.C. 796d(a)) is amended by striking the second sentence and inserting
the following: `The Council shall not be established as an entity within
a State agency, and shall not provide independent living services directly
to individuals with significant disabilities or manage such services.'.
(b) COMPOSITION- Section 705(b) of the Rehabilitation Act of 1973 (29
U.S.C. 796d(b)) is amended--
(1) in paragraph (2), by striking subparagraph (C) and inserting
the following:
`(C) in a State in which 1 or more projects provide services under
section 121, not less than 1 representative of the directors of the
projects.'; and
(2) by striking paragraph (5) and inserting the following:
`(5) CHAIRPERSON- The Council shall select a chairperson from among
the voting membership of the Council.'.
(c) DUTIES- Section 705(c) of the Rehabilitation Act of 1973 (29 U.S.C.
796d(c)) is amended--
(1) by redesignating paragraphs (1) through (5) as subparagraphs
(A) through (E), respectively, and aligning the margins of those subparagraphs
with the margins of subparagraph (E) of subsection (b)(3);
(2) by striking `(c)' and all that follows through `shall--' and
inserting the following:
`(1) DUTIES- The Council shall--'; and
(3) by adding at the end the following:
`(2) AUTHORITIES- The Council may, consistent with the State plan
described in section 704, unless prohibited by State law--
`(A) provide advice and assistance to the designated State unit
regarding the performance of its responsibilities under this title;
`(B) facilitate the improvement and coordination of services provided
to individuals with disabilities by centers for independent living,
the designated State unit, other Government agencies, and community
organizations;
`(C) conduct resource development activities to obtain funding
from public and private resources to support the activities described
in this subsection or to support the provision of independent living
services by centers for independent living; and
`(D) perform such other functions, consistent with the purpose
of this chapter and comparable to other functions described in this
subsection, as the Council determines to be appropriate.'.
SEC. 483. INDEPENDENT LIVING SERVICES AUTHORIZATION OF APPROPRIATIONS.
Section 714 of the Rehabilitation Act of 1973 (29 U.S.C. 796e-3) is
amended by striking `fiscal years 1999 through 2003' and inserting `fiscal
years 2006 through 2011'.
SEC. 484. PROGRAM AUTHORIZATION.
Section 721 of the Rehabilitation Act of 1973 (29 U.S.C. 796f) is amended--
(1) by striking subsection (c) and inserting the following:
`(c) ALLOTMENTS TO STATES-
`(1) DEFINITIONS- In this subsection:
`(A) ADDITIONAL APPROPRIATION- The term `additional appropriation'
means the amount (if any) by which the appropriation for a fiscal year
exceeds the total of--
`(i) the amount reserved under subsection (b) for that fiscal
year; and
`(ii) the appropriation for fiscal year 2005.
`(B) APPROPRIATION- The term `appropriation' means the amount appropriated
to carry out this part.
`(C) BASE APPROPRIATION- The term `base appropriation' means the
portion of the appropriation for a fiscal year that is equal to the
lesser of--
`(i) an amount equal to 100 percent of the appropriation, minus
the amount reserved under subsection (b) for that fiscal year; or
`(ii) the appropriation for fiscal year 2005.
`(2) ALLOTMENTS TO STATES FROM BASE APPROPRIATION- After the reservation
required by subsection (b) has been made, the Commissioner shall allot
to each State whose State plan has been approved under section 706 an
amount that bears the same ratio to the base appropriation as the amount
the State received under this subsection for fiscal year 2005 bears to
the total amount that all States received under this subsection for fiscal
year 2005.
`(3) ALLOTMENTS TO STATES OF ADDITIONAL APPROPRIATION- From any additional
appropriation for each fiscal year, the Commissioner shall allot to each
State whose State plan has been approved under section 706 an amount equal
to the sum of--
`(A) an amount that bears the same ratio to 50 percent of the additional
appropriation as the population of the State bears to the population
of all States; and
`(B) 1/56 of 50 percent of the additional appropriation.'; and
(2) by adding at the end the following:
`(e) CARRYOVER AUTHORITY- Notwithstanding any other provision of law--
`(1) any funds appropriated for a fiscal year to carry out a grant
program under section 722 or 723, that are not obligated and expended
by recipients prior to the beginning of the succeeding fiscal year shall
remain available for obligation and expenditure by such recipients during
that succeeding fiscal year and the subsequent fiscal year; and
`(2) any amounts of program income received by recipients under a
grant program under section 722 or 723 in a fiscal year, that are not
obligated and expended by recipients prior to the beginning of the succeeding
fiscal year, shall remain available for obligation and expenditure by
such recipients during that succeeding fiscal year and the subsequent
fiscal year.'.
SEC. 485. GRANTS TO CENTERS FOR INDEPENDENT LIVING IN STATES IN WHICH
FEDERAL FUNDING EXCEEDS STATE FUNDING.
Section 722(c) of the Rehabilitation Act of 1973 (29 U.S.C. 796f-1(c))
is amended--
(1) by striking `grants' and inserting `grants for a fiscal year';
and
(2) by striking `by September 30, 1997' and inserting `for the preceding
fiscal year'.
SEC. 486. GRANTS TO CENTERS FOR INDEPENDENT LIVING IN STATES IN WHICH
STATE FUNDING EQUALS OR EXCEEDS FEDERAL FUNDING.
Section 723(c) of the Rehabilitation Act of 1973 (29 U.S.C. 796f-2(c))
is amended--
(1) by striking `grants' and inserting `grants for a fiscal year';
and
(2) by striking `by September 30, 1997' and inserting `for the preceding
fiscal year'.
SEC. 487. STANDARDS AND ASSURANCES FOR CENTERS FOR INDEPENDENT LIVING.
Section 725(b) of the Rehabilitation Act of 1973 (29 U.S.C. 796f-4(b))
is amended by adding at the end the following:
`(8) PROMOTING FULL ACCESS TO COMMUNITY LIFE-
`(A) IN GENERAL- The center shall provide independent living services
that promote full access to community life for individuals with significant
disabilities.
`(B) SERVICES- The services shall include, as appropriate--
`(i) facilitating transitions of--
`(I) youth who are individuals with significant disabilities
and have completed individualized education programs under section
614(d) of the Individuals with Disabilities Education Act (20 U.S.C.
1414(d)) to postsecondary life, including employment; and
`(II) individuals with significant disabilities from nursing
homes and other institutions, including institutions serving individuals
with cognitive disabilities, to community-based residences;
`(ii) assisting individuals with significant disabilities at
risk of entering institutions to remain in the community; and
`(iii) promoting home ownership among individuals with significant
disabilities.'.
SEC. 488. CENTERS FOR INDEPENDENT LIVING AUTHORIZATION OF APPROPRIATIONS.
Section 727 of the Rehabilitation Act of 1973 (29 U.S.C. 796f-6) is
amended by striking `fiscal years 1999 through 2003' and inserting `fiscal
years 2006 through 2011'.
SEC. 489. INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE
BLIND.
Chapter 2 of title VII of the Rehabilitation Act of 1973 (29 U.S.C.
796j et seq.) is amended--
(1) by redesignating sections 752 and 753 as sections 753 and 754,
respectively; and
(2) by inserting after section 751 the following:
`SEC. 752. TRAINING AND TECHNICAL ASSISTANCE.
`(a) GRANTS; CONTRACTS; OTHER ARRANGEMENTS- For any fiscal year for
which the funds appropriated to carry out this chapter exceed the funds
appropriated to carry out this chapter for fiscal year 2005, the Commissioner
shall first reserve from such excess, to provide training and technical
assistance to designated State agencies for such fiscal year, not less than
1.8 percent, and not more than 2 percent, of the funds appropriated to carry
out this chapter for the fiscal year involved.
`(b) ALLOCATION- From the funds reserved under subsection (a), the
Commissioner shall make grants to, and enter into contracts and other arrangements
with, entities that demonstrate expertise in the provision of services to
older individuals who are blind to provide training and technical assistance
with respect to planning, developing, conducting, administering, and evaluating
independent living programs for older individuals who are blind.
`(c) FUNDING PRIORITIES- The Commissioner shall conduct a survey of
designated State agencies that receive grants under section 753 regarding
training and technical assistance needs in order to determine funding priorities
for grants, contracts, and other arrangements under this section.
`(d) REVIEW- To be eligible to receive a grant or enter into a contract
or other arrangement under this section, an entity shall submit an application
to the Commissioner at such time, in such manner, containing a proposal
to provide such training and technical assistance, and containing such additional
information as the Commissioner may require.
`(e) PROHIBITION ON COMBINED FUNDS- No funds reserved by the Commissioner
under this section may be combined with funds appropriated under any other
Act or part of this Act if the purpose of combining funds is to make a single
discretionary grant or a single discretionary payment, unless such reserved
funds are separately identified in the agreement for such grant or payment
and are used for the purposes of this chapter.'.
SEC. 490. PROGRAM OF GRANTS.
Section 753 of the Rehabilitation Act of 1973, as redesignated by section
489, is amended--
(1) by striking subsection (h);
(2) by redesignating subsections (i) and (j) as subsections (h) and
(i), respectively;
(3) in subsection (b), by striking `section 753' and inserting `section
754';
(A) in paragraph (1), by striking `section 753' and inserting `section
754'; and
(i) by striking `subsection (j)' and inserting `subsection (i)';
and
(ii) by striking `subsection (i)' and inserting `subsection (h)';
(5) in subsection (g), by inserting `, or contracts with,' after
`grants to';
(6) in subsection (h), as redesignated by paragraph (2)--
(A) in paragraph (1), by striking `subsection (j)(4)' and inserting
`subsection (i)(4)'; and
(i) in subparagraph (A)(vi), by adding `and' after the semicolon;
(ii) in subparagraph (B)(ii)(III), by striking `; and' and inserting
a period; and
(iii) by striking subparagraph (C); and
(7) in subsection (i), as redesignated by paragraph (2)--
(A) by striking paragraph (2) and inserting the following:
`(A) STATES- In the case of any of the several States, the District
of Columbia, or the Commonwealth of Puerto Rico, the amount referred
to in paragraph (1)(A) for a fiscal year is the greater of--
`(ii) an amount equal to the amount the State, the District of
Columbia, or the Commonwealth of Puerto Rico received to carry out
this chapter for fiscal year 2005; or
`(iii) an amount equal to 1/3 of 1 percent of the amount appropriated
under section 754, and not reserved under section 752, for the fiscal
year and available for allotments under subsection (a).
`(B) CERTAIN TERRITORIES- In the case of Guam, American Samoa,
the United States Virgin Islands, or the Commonwealth of the Northern
Mariana Islands, the amount referred to in paragraph (1)(A) for a fiscal
year is $60,000.';
(B) in paragraph (3)(A), by striking `section 753' and inserting
`section 754, and not reserved under section 752,'; and
(C) in paragraph (4)(B)(i), by striking `subsection (i)' and inserting
`subsection (h)'.
SEC. 491. INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE
BLIND AUTHORIZATION OF APPROPRIATIONS.
Section 754 of the Rehabilitation Act of 1973, as redesignated by section
489, is amended by striking `fiscal years 1999 through 2003' and inserting
`fiscal years 2006 through 2011'.
Subtitle H--Miscellaneous
SEC. 495. HELEN KELLER NATIONAL CENTER ACT.
(a) GENERAL AUTHORIZATION OF APPROPRIATIONS- The first sentence of
section 205(a) of the Helen Keller National Center Act (29 U.S.C. 1904(a))
is amended by striking `1999 through 2003' and inserting `2006 through 2011'.
(b) HELEN KELLER NATIONAL CENTER FEDERAL ENDOWMENT FUND- The first
sentence of section 208(h) of the Helen Keller National Center Act (29 U.S.C.
1907(h)) is amended by striking `1999 through 2003' and inserting `2006
through 2011'.
TITLE V--TRANSITION AND EFFECTIVE DATE
SEC. 501. TRANSITION PROVISIONS.
The Secretary of Labor shall, at the discretion of the Secretary, take
such actions as the Secretary determines to be appropriate to provide for
the orderly implementation of titles I and III of this Act. The Secretary
of Education shall, at the discretion of the Secretary, take such actions
as the Secretary determines to be appropriate to provide for the orderly
implementation of titles II and IV of this Act.
SEC. 502. EFFECTIVE DATE.
Except as otherwise provided in this Act, this Act and the amendments
made by this Act shall take effect on the date of enactment of this Act.
Attest:
Secretary.
109th CONGRESS
2d Session
H. R. 27
AMENDMENT
END
