Capuano

Foley

Gillmor

Carson Cleaver

Davis (FL) Ferguson

Yeas

[Roll No. 43]

YEAS-416

116.14

Abercrombie

Boucher

Baldwin Barrett (SC) Barrow

Brown (SC) Brown, Corrine

Brown-Waite,

Cubin Cuellar Culberson

Davis (AL)

Cummings Cunningham

Ginny

Burgess

Davis (CA)

Burton (IN)

Davis (IL)

Bartlett (MD)

Butterfield

Davis (KY)

Buyer

Calvert

Camp

Cannon

Barton (TX)

Biggert

Cantor

Carter

Bilirakis

Bishop (GA)

Bishop (NY)

Case

Bass

Bean

Beauprez

Becerra

Berkley

Capito

DeLauro

Cardoza

DeLay

Carnahan

Dent

Diaz-Balart, L.

Diaz-Balart, M.

Dicks

Bishop (UT)

Blackburn

Blumenauer

Boswell

Castle

Chocola Clay Clyburn

Cooper

The SPEAKER pro tempore, Mr. SIMPSON, pursuant to House Resolution 126 and rule XVIII, declared the House resolved into the Committee of the Whole House on the state of the Union for the consideration of the bill (H.R. 27) to enhance the workforce investment system of the Nation by strengthening one-step 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.

The SPEAKER pro tempore, Mr. SIMPSON, by unanimous consent, designated Mr. TERRY as Chairman of the Committee of the Whole; and after some time spent therein,

The Committee rose informally to receive messages from the President.

The SPEAKER pro tempore, Mr. MCKEON, assumed the Chair.

116.16 MESSAGES FROM THE PRESIDENT

Messages in writing from the President of the United States were communicated to the House by Ms. Wanda Evans, one of his secretaries.

The Committee resumed its sitting; and after some further time spent therein,

¶16.17

RECORDED VOTE

A recorded vote by electronic device was ordered in the Committee of the Whole on the following amendment numbered 1 submitted by Mr. KILDEE: Strike sections 111 and 119.

In section 101(1), strike "paragraphs (13) and" and all that follows through "through (24)" and insert "paragraph (24) and redesignating paragraphs (1) through (23) as paragraphs (3) through (25)".

In section 101(8), strike "; and" and insert a period.

Strike paragraph (9) of section 101.

In the table of contents in section 2 of the bill, strike the items related to section 111 and redesignate succeeding items accordingly.

In the table of contents in section 2 of the bill, strike the item related to section 119

Sec. 121. Demonstration, pilot, multiservice, research and multi-State projects.

Sec. 122. Community-based job training.
Sec. 123. Personal Reemployment Accounts.
Sec. 124. Training for realtime writers.
Sec. 125. Business partnership grants.
Sec. 126. National dislocated worker grants.
Sec. 127. Authorization of appropriations for
national activities.

Sec. 128. Requirements and restrictions.
Sec. 129. Nondiscrimination.

Sec. 130. Administrative provisions.
Sec. 131. General program requirements.
TITLE II-ADULT EDUCATION, BASIC
SKILLS, AND FAMILY LITERACY EDU-
CATION

Sec. 201. Table of contents.

Sec. 202. Amendment.

NOT VOTING 8

Meeks (NY)

Millender

McDonald

Napolitano

Reynolds

So the amendment was not agreed to. After some further time,

The SPEAKER pro tempore, Mr. HASTINGS of Washington, assumed the Chair.

When Mr. BASS Acting Chairman, pursuant to House Resolution 126, reported the bill back to the House with an amendment adopted by the Committee.

The previous question having been ordered by said resolution.

The following amendment, reported from the Committee of the Whole House on the state of the Union, was agreed to:

Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

This Act may be cited as the "Job Training Improvement Act of 2005".

SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. References.

TITLE I-AMENDMENTS TO TITLE I OF THE WORKFORCE INVESTMENT ACT OF 1998

Sec. 101. Definitions.

Sec. 102. Purpose.

Sec. 103. State workforce investment boards. Sec. 104. State plan.

Sec. 105. Local workforce investment areas. Sec. 106. Local workforce investment

boards.

Sec. 107. Local plan.

Sec. 108. Establishment of one-stop delivery systems.

Sec. 109. Eligible providers of training services.

Sec. 110. Eligible providers of youth activi

programs

for

ties.

Sec. 111. Youth Activities.

Sec. 112. Comprehensive

adults.

programs.

TITLE III-AMENDMENTS TO THE

WAGNER-PEYSER ACT

Sec. 301. Amendments to the Wagner-Peyser

Act.

TITLE IV-AMENDMENTS TO THE

REHABILITATION ACT OF 1973

Sec. 401. Findings.

Sec. 402. Rehabilitation Services Adminis-

tration.

Sec. 403. Director.

Sec. 404. Definitions.

Sec. 405. State plan.

Sec. 406. Scope of services.

Sec. 407. Standards and indicators.

Sec. 408. Reservation for expanded transi-

tion services.

Sec. 409. Client assistance program.

Sec. 410. Protection and advocacy of indi-

vidual rights.

Sec. 411. Chairperson.

Sec. 412. Authorizations of appropriations.

Sec. 413. Conforming amendment.

Sec. 414. Helen Keller National Center Act.

TITLE V-TRANSITION AND EFFECTIVE

DATE

Sec. 501. Transition provisions.

Sec. 502. Effective date.

SEC. 3. REFERENCES.

Except as otherwise expressly provided,

wherever in this Act an amendment or repeal

is expressed in terms of an amendment to, or

repeal of, a section or other provision, the

amendment or repeal shall be considered to

be made to a section or other provision of

the Workforce Investment Act of 1998 (20

U.S.C. 9201 et seq.).

TITLE I-AMENDMENTS TO TITLE I OF

THE WORKFORCE INVESTMENT ACT OF

1998

SEC. 101. DEFINITIONS.

Section 101 (29 U.S.C. 2801) is amended-

(1) by striking paragraphs (13) and (24)

and redesignating paragraphs (1) through (12)

as paragraphs (3) through (14), and para-

graphs (14) through (23) as paragraphs (15)

through (24), respectively;

(2) by inserting after "In this title:" the

following new paragraphs:

"(1) ACCRUED EXPENDITURES.-The term

'accrued expenditures' means charges in-

curred by recipients of funds under this title

for a given period requiring the provision of

funds for goods or other tangible property re-

ceived; services performed by employees,

contractors, subgrantees, and other payees;

and other amounts becoming owed under

programs assisted under this title for which

no current services or performance is re-

quired, such as annuities, insurance claims,

and other benefit payments.

"(2) ADMINISTRATIVE COSTS.-The term

'administrative costs' means expenditures

incurred by State and local workforce in-

vestment boards, direct recipients (including

State grant recipients under subtitle B and

recipients of awards under subtitle D), local

grant recipients, local fiscal agents or local

grant subrecipients, and one-stop operators

in the performance of administrative func-

tions and in carrying out activities under

this title which are not related to the direct

provision of workforce investment services

(including services to participants and em-

ployers). Such costs include both personnel

and non-personnel and both direct and indi-

rect.";

(3) in paragraph (6) (as so redesignated),

by inserting "(or such other level as the Gov-

ernor may establish)" after "8th grade

level":

(4) in paragraph (10) (as so redesig-

nated)—

(A) in subparagraph (B), by striking

"and" after the semicolon;

(B) in subparagraph (C)—

(i) by striking "not less than 50 percent

of the cost of the training" and inserting “a

significant portion of the cost of training, as

determined by the local board"; and

(ii) by striking the period and inserting

"; and"; and

(C) by adding at the end the following:

"(D) in the case of customized training
with an employer in multiple local areas in
the State, for which such employer pays a
significant portion of the cost of the train-
ing, as determined by the Governor.";

(5) in paragraph (11)(A)(ii)(II) (as so re-
designated) by striking "section 134(c)" and
inserting "section 121(e)";

(6) in paragraph (14)(A) (as so redesig-

nated) by striking "section 122(e)(3)" and in-

serting "section 122";

(7) in paragraph (25)—

(A) in subparagraph (B), by striking

"higher of " and all that follows through

clause (ii) and inserting "poverty line for an

equivalent period;"; and

(B) by redesignating subparagraphs (D)

through (F) as subparagraphs (E) through

(G), respectively, and inserting after sub-

paragraph (C) the following:

"(D) receives or is eligible to receive free

or reduced price lunch under the Richard B.

Russell National School Lunch Act (42 U.S.C.

1751 et seq.);";

(8) in paragraph (32) by striking "the Re-

public of the Marshall Islands, the Federated
States of Micronesia,"; and

(9) by striking paragraph (33) and redes-

ignating paragraphs (34) through (53) as para-

graphs (33) through (52), respectively.

SEC. 102. PURPOSE.

Section 106 (29 U.S.C. 2811) is amended by

inserting at the end the following: "It is also

the purpose of this subtitle to provide work-

force investment activities in a manner that

promotes the informed choice of participants

and actively involves participants in deci-

sions affecting their participation in such

activities.".

(1) IN GENERAL.-Section 111(b) (29 U.S.C.

2821(b)) is amended-

(A) by amending paragraph (1)(C) to read

as follows:

"(C) representatives appointed by the

Governor, who are-

"(i)(I) the lead State agency officials

with responsibility for the programs and ac-
tivities that are described in section 121(b)
and carried out by one-stop partners;

"(II) in any case in which no lead State
agency official has responsibility for such a
program or activity, a representative in the
State with expertise relating to such pro-
gram or activity; and

"(III) if not included under subclause (I),
the director of the State unit, defined in sec-
tion 7(8)(B) of the Rehabilitation Act of 1973
(29 U.S.C. 705(8)(B)) except that in a State
that has established 2 or more designated
State units to administer the vocational re-
habilitation program, the board representa-
tive shall be the director of the designated
State unit that serves the most individuals
with disabilities in the State;

"(ii) the State agency officials respon-

sible for economic development;

"(iii) representatives of business in the

State who-

"(I) are owners of businesses, chief execu-
tive or operating officers of businesses, and
other business executives or employers with
optimum policy making or hiring authority,
including members of local boards described
in section 117(b)(2)(A)(i);

"(II) represent businesses with employ-

ment opportunities that reflect employment

opportunities in the State; and

"(III) are appointed from among individ-

uals nominated by State business organiza-
tions and business trade associations;

"(iv) chief elected officials (representing
both cities and counties, where appropriate);
"(v) representatives of labor organiza-
tions, who have been nominated by State
labor federations; and

"(vi) such other representatives and
State agency officials as the Governor may
designate."; and

(B) in paragraph (3), by striking "para-

graph (1)(C)(i)" and inserting "paragraph

(1)(C)(iii)".

(2) CONFORMING AMENDMENT.-Section

111(c) (29 U.S.C 2811(c)) is amended by strik-

ing "subsection (b)(1)(C)(i)" and inserting

"subsection (b)(1)(C)(iii)".

(b) FUNCTIONS.-Section 111(d) (29 U.S.C.

2811(d)) is amended-

(1) in paragraph (2), by striking "section

134(c)" and inserting "section 121(e)";

(2) by amending paragraph (3) to read as

follows:

"(3) development and review of statewide

policies affecting the integrated provision of
services through the one-stop delivery sys-
tem described in section 121, including—

"(A) the development of criteria for, and

the issuance of, certifications of one-stop

centers;

"(B) the criteria for the allocation of

one-stop center infrastructure funding under

section 121(h), and oversight of the use of

such funds;

"(C) approaches to facilitating equitable

and efficient cost allocation in one-stop de-

livery systems; and

"(D) such other matters that may pro-

mote statewide objectives for, and enhance

the performance of, one-stop delivery sys-

tems within the State;";

(3) in paragraph (4), by inserting "and

the development of State criteria relating to

the appointment and certification of local

boards under section 117" after "section 116";

(4) in paragraph (5), by striking "sections

128(b)(3)(B) and 133(b)(3)(B)" and inserting
"sections 128(b)(3) and 133(b)(3)"; and

(5) in paragraph (9), by striking "section

503" and inserting "section 136(i)".

(c) ELIMINATION OF ALTERNATIVE ENTITY

AND PROVISION OF AUTHORITY ΤΟ HIRE

STAFF. Section 111(e) (29 U.S.C. 2821(e)) is

amended to read as follows:

"(e) AUTHORITY TO HIRE STAFF.-The

State board may hire staff to assist in car-

rying out the functions described in sub-

section (d).".

SEC. 104. STATE PLAN.

(a) PLANNING CYCLE.-Section 112(a) (29

U.S.C. 2822(a)) is amended by striking “5-
year strategy" and inserting "2-year strat-
egy".

(b) CONTENTS.-Section 112(b) (29 U.S.C.
2822(b)) is amended-

(1) in paragraph (12)(A), by striking "sec-
tions 128(b)(3)(B) and 133(b)(3)(B)" and insert-
ing "sections 128(b)(3) and 133(b)(3)";

(2) in paragraph (14), by striking "section

134(c)" and inserting "section 121(e)";

(3) in paragraph (17)(A)—

(A) in clause (iii) by striking “and”;
(B) by amending clause (iv) to read as

follows:

"(iv) how the State will serve the em-

ployment and training needs of dislocated

workers (including displaced homemakers

and formerly self-employed and

transitioning farmers, ranchers, and fisher-

man) low income individuals (including re-

cipients of public assistance), individuals

with limited English proficiency, homeless

individuals, ex-offenders, individuals train-

ing for nontraditional employment, and

other individuals with multiple barriers to

employment (including older individuals);

and"; and

(C) by inserting after clause (iv) the fol-

lowing:

"(v) how the State will serve the employ-

ment 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, assess-

ments, and service delivery, the development

of performance measures, the training of

staff, and other aspects of accessibility to

program services, consistent with sections

504 and 508 of the Rehabilitation Act of 1973;

and":

(4) in paragraph (18)(D), by striking

"youth opportunity grants" and inserting

"youth challenge grants"; and

(5) by adding at the end the following

new paragraphs:

"(19) a description of the methodology

for determining one-stop partner program
contributions for the cost of the infrastruc-
ture of one-stop centers under section
121(h)(1) and of the formula for allocating
such infrastructure funds to local areas
under section 121(h)(3); and

"(20) a description of any programs and
strategies the State will utilize to meet the
needs of businesses in the State, including
small businesses, which may include pro-
viding incentives and technical assistance to
assist local areas in engaging employers in
local workforce development activities.".

(c) MODIFICATION ΤΟ PLAN.-Section

112(d) (29 U.S.C. 2822(d)) is amended by strik-

ing "5-year period” and inserting "2-year pe-

riod".

SEC. 105. LOCAL WORKFORCE INVESTMENT

AREAS.

(a) DESIGNATION OF AREAS.—

(1) CONSIDERATIONS.-Section 116(a)(1)(B)
(29 U.S.C. 2831(a)(1)(B)) is amended by adding
at the end the following clause:

"(vi) The extent to which such local
areas will promote efficiency in the adminis-
tration 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.-Except as provided in

subparagraph (B) of this paragraph and sub-
section (b), the Governor shall approve a re-
quest for designation as a local area from—

"(i) any unit of general local government
with a population of 500,000 or more; and

"(ii) an area served by a rural con-
centrated employment program grant recipi-
ent that served as a service delivery area or
substate area under the Job Training Part-
nership Act (29 U.S.C. 1501 et seq.),

for the 2-year period covered by a State plan
under section 112 if such request is made not
later than the date of the submission of the
State plan.

"(B) CONTINUED DESIGNATION BASED ON

PERFORMANCE.-The Governor may deny a re-

quest for designation submitted pursuant to

subparagraph (A) if such unit of government

was designated as a local area for the pre-

ceding 2-year period covered by a State plan

and the Governor determines that such local

area did not perform successfully during

such period.".

(b) REGIONAL

PLANNING.-Section

116(c)(1) (29 U.S.C. 2831(c)(1)) is amended by

adding at the end the following: "The State

may require the local boards for the des-

ignated region to prepare a single regional

plan that incorporates the elements of the

local plan under section 118 and that is sub-

mitted and approved in lieu of separate local

plans under such section.".

SEC. 106.

LOCAL WORKFORCE INVESTMENT

BOARDS.

(a) COMPOSITION.-Section 117(b)(2)(A) (29
U.S.C. 2832(b)(2)(A)) is amended—

(1) in clause (i)(II), by inserting ", busi-
nesses that are in the leading industries in
the local area, and large and small busi-
nesses in the local area" after "local area";

(2) by amending clause (ii) to read as fol-

lows:

"(ii) a superintendent of the local sec-

ondary school system, an administrator of
an entity providing adult education and lit-
eracy activities that is not a one-stop part-
ner designated under section 121(b)(1)(B), and
the president or chief executive officer of a
postsecondary educational institution serv-
ing the local area (including community col-
leges, where such entities exist);";

(3) in clause (iv), by striking the semi-

colon and inserting “and faith-based organi-

zations; and"; and

(4) by striking clause (vi).

(b) AUTHORITY OF BOARD MEMBERS.-Sec-

tion 117(b)(3) (29 U.S.C. 2832(b) is amended—

(1) in the heading, by inserting "AND REP-

RESENTATION" after "MEMBERS"; and

(2) by adding at the end the following:

"The members of the board shall represent

diverse geographic sections within the local

area.".

(c) FUNCTIONS.-Section 117(d) (29 U.S.C.

2832(d)) is amended—

(1) in paragraph (2)(B), by striking "by

awarding grants" and all that follows
through "youth council"; and

(2) in paragraph (4) by inserting ", and

ensure the appropriate use and management

of the funds provided under this title for

such programs, activities, and system" after

"area".

(d) 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) ESTABLISHMENT OF COUNCILS.-The

local board may establish councils to provide

information and advice to assist the local

board in carrying out activities under this

title. Such councils may include a council
composed of one-stop partners to advise the
local board on the operation of the one-stop
delivery system, a youth council composed
of experts and stakeholders in youth pro-
grams to advise the local board on activities
for youth, and such other councils as the
local board determines are appropriate.".

(e) REPEAL OF ALTERNATIVE ENTITY PRO-

VISION.-Section 117 (29 U.S.C. 2832) is further

amended by striking subsection (i).

SEC. 107. LOCAL PLAN.

(a) PLANNING CYCLE.-Section 118(a) (29

U.S.C. 2833(a)) is amended by striking “5-

year" and inserting "2-year".

(b) CONTENTS.-Section 118(b) (29 U.S.C.

2833(b)) is amended-

(1) by amending paragraph (2) to read as

follows:

"(2) a description of the one-stop delivery

system to be established or designated in the
local area, including a description of how the
local board will ensure the continuous im-
provement of eligible providers of services
through the system and ensure that such
providers meet the employment needs of
local employers and participants;";

(2) in paragraph (4), by striking "and dis-

located worker";

(3) in paragraph (9), by striking "; and"

and inserting a semicolon; and

(4) by redesignating paragraph (10) as

paragraph (12) and inserting after paragraph

(9) the following:

"(10) a description of the strategies and

services that will be initiated in the local

area to engage employers, including small

employers, in workforce development activi-

ties;

"(11) how the local area will serve the

employment and training needs of individ-

uals with disabilities, consistent with sec-

tion 188 and Executive Order 13217 (42 U.S.C.

12131 note) including the provision of out-

reach, intake, assessments, and service de-

livery, the development of performance

measures, the training of staff, and other as-

pects of accessibility to program services,

consistent with sections 504 and 508 of the

Rehabilitation Act of 1973; and".

SEC. 108. ESTABLISHMENT OF ONE-STOP DELIV-

ERY SYSTEMS.

(a) ONE-STOP PARTNERS.-

(1)

REQUIRED

PARTNERS.-Section

121(b)(1) (29 U.S.C. 2841(b)(1)) is amended-
(A) in subparagraph (B)—

(i) by striking clauses (ii) and (v);

(ii) by redesignating clauses (iii) and (iv)
as clauses (ii) and (iii), respectively, and by
redesignating clauses (vi) through (xii) as
clauses (iv) through (x), respectively;

(iii) in clause (ix) (as so redesignated), by

striking "and" at the end;

(iv) in clause (x) (as so redesignated), by

striking the period and inserting "; and";

and

(v) by inserting after clause (x)(as so re-

designated) the following:

"(xi) 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

(B) by adding after subparagraph (B) the

following:

"(C) DETERMINATION BY THE GOVERNOR.—

The program referred to in clause (xi) of sub-
paragraph (B) shall be included as a required
partner for purposes of this title in a State
unless the Governor of the State notifies the
Secretary and the Secretary of Health and
Human Services in writing of a determina-
tion by the Governor not to include such pro-
grams as required partners for purposes of
this title in the State.".

(2) ADDITIONAL PARTNERS.-Section

121(b)(2)(B) (29 U.S.C. 2841(b)(2)(B)) is amend-

ed-

(A) by striking clause (i) and redesig-

nating clauses (ii) through (v) as clauses (i)
through (iv) respectively;

(B) in clause (iii) (as so redesignated) by
striking "and" at the end;

(C) in clause (iv) (as so redesignated) by

striking the period and inserting a semi-

colon; and

(D) by adding at the end the following

new clauses:

"(v) employment and training programs

administered by the Social Security Admin-
istration, including the Ticket to Work pro-
gram (established by Public Law 106-170);

"(vi) employment and training programs

carried out by the Small Business Adminis-

tration;

"(vii) programs under part D of title IV

of the Social Security Act (42 U.S.C. 451 et

seq.) (relating to child support enforcement);

"(viii) employment, training, and lit-

eracy services carried out by public libraries;

and

"(ix) programs carried out in the local

area for individuals with disabilities, includ-

ing programs carried out by State agencies

relating to mental health, mental retarda-

tion, and developmental disabilities, State

Medicaid agencies, State Independent Living

Councils, and Independent Living Centers."

(b) PROVISION OF SERVICES.-Subtitle B of

title I is amended-

(1) in section 121(d)(2), by striking “sec-

tion 134(c)" and inserting "subsection (e)";

(2) by striking subsection (e) of section

121;

(3) by moving subsection (c) of section

134 from section 134, redesignating such sub-

section as subsection (e), and inserting such

subsection (as so redesignated) after sub-

section (d) of section 121; and

(4) by amending subsection (e) of section

121 (as moved and redesignated by paragraph

(2))—

(A) in paragraph (1)(A), by striking "sub-

section (d)(2)" and inserting "section

134(c)(2)";

(B) in paragraph (1)(B)-