[Congressional Record Volume 149, Number 68 (Thursday, May 8, 2003)]
[House]
[Pages H3777-H3820]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
WORKFORCE REINVESTMENT AND ADULT EDUCATION ACT OF 2003
The SPEAKER pro tempore. Pursuant to House Resolution 221 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the consideration of the bill, H.R. 1261.
{time} 1208
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration of the bill
(H.R. 1261) 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, with Mr. LaHood in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered as having
been read the first time.
Under the rule, the gentleman from Ohio (Mr. Boehner) and the
gentleman from California (Mr. George Miller) each will control 30
minutes.
The Chair recognizes the gentleman from Ohio (Mr. Boehner).
Mr. BOEHNER. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, as we stand here today, hundreds of thousands of
Americans are searching for good, stable new jobs. The unemployment
rate in April rose to 6 percent. As the economy works toward recovery,
hundreds of thousands of Americans are searching for jobs and careers
that can help them ensure security and safety for their families. The
President has made it clear that we need more jobs and we need a
stronger economy. The backbone of economic growth is a strong
workforce. As we move towards enacting the President's jobs and growth
initiative this week, we also have a chance to strengthen job training
opportunities for American workers.
The legislation before us is H.R. 1261, the Workforce Reinvestment
and Adult Education Act. I want to commend the gentleman from
California (Mr. McKeon), the subcommittee chairman, for his leadership
in bringing this bill to the floor. The bill would reauthorize and
strengthen the Workforce Investment Act, or WIA, major legislation
passed 5 years ago that provided important reforms to Federal job
training programs. Prior to 1998, the Nation's job training system was
a mess. It was fragmented, contained overlapping programs, and did not
serve anyone very well, job seekers or employers. WIA consolidated
employment and training services at the local level and produced a more
unified workforce development system.
WIA provides funding for States and local communities to establish
one-stop shops for workers seeking new jobs and new careers. Through
the WIA system, job seekers now have access to labor market
information, job counseling and job training to help them get back on
their feet. WIA has generally worked well, but it could work even
better. Duplication and confusion are keeping the WIA system from
reaching its true potential for American workers. Duplication of
services under the current law results in significant resources being
squandered, resources that could be used to help those in need at a
time when they need the help most. Overlap in training programs under
the current WIA law has contributed to the growth of a confusing
patchwork at the State and local level. Governors and State and local
officials need the flexibility to target these resources toward the
unique needs of the men and women in their communities.
The legislation before us would give our Nation's Governors and
communities new tools to meet the unique needs of these people that
they serve. It would streamline the bureaucracy to give workers better
access to WIA benefits. Congress has an obligation this year to improve
worker access to these WIA benefits and provide Americans with an even
stronger job training system at a time when it is needed most.
State and local communities should be given greater flexibility to
tailor their WIA systems to their own unique
[[Page H3778]]
needs. Currently, the WIA adult, WIA dislocated worker, and Wagner-
Peyser funding streams serve very similar populations. Combining these
funding streams into a single grant, as proposed in this bill, would
result in more effectiveness at the State and local level and
significantly greater efficiency for workers searching for new jobs and
new careers. It would also give States and local authorities greater
flexibility to integrate WIA with their welfare-to-work programs. The
bill also strengthens adult education by focusing on core skills such
as reading and math. Workers need these building blocks to thrive in a
knowledge-driven economy.
Lastly, I would note that the bill allows faith-based institutions to
be included in the Federal worker relief system.
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Faith-based institutions have a proven track record of helping people
find jobs, but they are essentially barred from the current WIA system
simply because they have religious identities, and this is unfortunate
and unnecessary because under the Civil Rights Act of 1964 and as
amended in 1972, faith-based organizations are already explicitly
allowed to hire on a religious basis. These outdated barriers should be
removed to ensure that every available resource is being committed in
the effort to help Americans find jobs.
The bill before us simply reiterates the existing exemption that
religious organizations have had for more than three decades under the
civil rights laws. Title VII of the Civil Rights Act of 1964 and as
amended in 1972 reads as follows: ``(These requirements) shall not
apply . . . to a religious corporation, association, educational
institution, or society with respect to the employment of individuals
of a particular religion to perform work connected with the carrying on
by such corporation, association, educational institution, or society
of its activities.''
This portion of the Civil Rights Act, which has been upheld by the
U.S. Supreme Court, explicitly allows faith-based organizations to hire
on a religious basis and any Federal legislation governing Federal
social service funds should continue to protect the rights of religious
organizations to do so. The measure before us simply applies the same
standard to the Workforce Investment Act so that every available
resource is being tapped to help Americans find jobs. If we do not make
this change, we are essentially telling out-of-work Americans that they
deserve something less than 100 percent of our support.
I think that would be a horrible message to send. Workers and
families are the backbone of our economy. The backbone of economic
growth is a strong workforce. Congress has an obligation to improve
worker access to the benefits that the Workforce Investment Act offers
and to provide Americans with an even stronger job-training system
again when it is needed most.
Passing this bill will send another clear message to the American
people that we are taking action on jobs and the economy. And again I
want to commend the gentleman from California (Mr. McKeon) for his
excellent work in bringing this bill to the floor.
Mr. Chairman, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield such time as
she may consume to the gentlewoman from California (Ms. Watson).
(Ms. WATSON asked and was given permission to revise and extend her
remarks.)
Ms. WATSON. Mr. Chairman, I rise in strong opposition to H.R. 1261.
I rise in strong opposition to H.R. 1261. Mr. Chairman, similar to
the IDEA Reauthorization last week, we are again presented with a
subpar rule and a subpar bill. The Committee did not allow us to vote
on and discuss key amendments which would have greatly improved this
measure.
I offered an amendment that was rejected by the Rules Committee
yesterday that would have specified that local WIA boards may use funds
to carry out training programs for displaced homemakers and
nontraditional training for women. These are two existing programs that
have been crucial to low-income women's economic independence and self-
sufficiency. Since more than 60 percent of WIA recipients are women,
the use of WIA funds for these programs would have provided necessary
training opportunities, counseling, and services for WIA recipients to
learn the necessary skills in obtaining and keeping jobs.
Mr. Chairman, this bill fails workers, attacks our Veterans and
erodes our civil rights laws. An amendment offered to extend Federal
unemployment benefits for newly unemployed workers and for those
workers who have previously exhausted their unemployment benefits was
not allowed. Also defeated was an amendment which would have restored
current law prohibiting the use of Federal funds to discriminate in
hiring based on religion, as well as an amendment to strike the
language in the bill that allows governors to take money from Veterans
and dislocated worker programs to pay for infrastructure costs for one-
stop centers.
The Workforce Reinvestment and Adult Education Act is supposed to
provide job opportunities for our nation's youth and extend educational
opportunities for adults. The bill we have before us does not uphold
this commitment. H.R. 1261 cuts job opportunities for youth, shifts
critical resources away from career preparation and summer jobs,
eliminates the successful Youth Opportunity Grants and reduces
targeting of resources to poor communities.
In a time of economic downturn and a rising unemployment rate, it is
our duty to provide the necessary funds to boost our economy and
safeguard our future. We can increase the effectiveness and outreach of
boards by increasing funding to local boards. We must give local
leaders the opportunity to shape best use of resources to their
communities.
Mr. Chairman, H.R. 1261 does not cut it. I urge my fellow colleagues
to vote no on this bill.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield myself 4
minutes.
I rise in opposition to H.R. 1261. This is the wrong bill being
considered at the wrong time for the wrong reasons. This bill fails to
extend unemployment benefits, it fails to create jobs, and it fails to
stimulate the economy.
This economy is in the grips of a devastating economic stagnation,
and it is now clear to everyone that the President's economic policies
have utterly failed to date to create new jobs, they fail to stimulate
new business growth, and they have richly succeeded in turning historic
Federal surpluses into staggering deficits.
Unemployment is at 6 percent. That means that almost 9 million
Americans are officially unemployed and another 9 million are either
working part time because they cannot find full-time work or they are
so completely discouraged that they have stopped looking for work. The
Department of Labor's own data shows that there are three job seekers
for every job available today. And yet this legislation comes forth and
begins to unravel what has been a carefully constructed job-training
program over the last 20 years on a bipartisan basis. It does so by
undermining the ability of workers who are dislocated and others to get
the services that they need to go back into the job market. But it also
does it because of the insensitivity of this administration, because in
this year, in this last year, as hundreds and hundreds of thousands of
Americans join the ranks of the unemployed, this administration and
this Congress cut $650 million of the programs under WIA. The
President's budget this year suggests another $200 million in cuts.
So while they talk about the block grant and they talk about
efficiencies, let us understand what they are doing. As the ranks of
the unemployed grow in staggering numbers, there will be fewer
resources available to help those individuals get back into the job
market. There will be fewer resources available to help the 6 percent
of Americans who are unemployed, to the 4 million Americans who are
underemployed and are looking for longer hours.
Payroll employment has not been this depressed since the Great
Depression of the 1930s, and why is that? Because there is not enough
demand in the economy. But unfortunately tomorrow the Republicans will
give us an economic program based upon tax cuts for the wealthy that
most economists in the country have already said while they may agree
with the tax cuts, it will not stimulate the economy. It is still
questionable whether or not the Democrats will be able to put forth
their program which economists tell us will create 1 million new jobs
this year.
This legislation, because it is within the jurisdiction of the
committee and our ability, could have also extended unemployment
benefits for those who
[[Page H3779]]
are about to run out on May 31. But unfortunately the Republican
leadership of the committee would not support that amendment and the
Republican Committee on Rules would not make it in order.
So as we stand here in these dark times for unemployed American
families who do not know yet whether or not unemployment benefits are
going to be extended at the end of this month, where they will be
playing with whether or not we will extend them, we know that within
the Republican part the last time there was a huge amount of opposition
to the extension of the unemployed benefits, that many people were lost
because of the gap in that coverage. But this legislation is silent on
that issue.
This legislation is like a narcotic. It wants to say we are moving
around the structure of WIA, we are cutting the funding of WIA, but
things are going to get better for the unemployed in this country. It
is just simply not so because the Bush economy has been so terribly
devastating to so many segments of the economy, whether it is in
manufacturing, whether it is in high tech, whether it is in services,
whether it is in transportation, whether it is in accommodations, and
this President has yet to take a single step. Yes, he got his tax cut
his first months in office. He has lost 2.5 million jobs since then,
since then. That did not work. What he is suggesting is that we do more
of the same. That is not an answer for these desperate families who are
trying to hold themselves together through these dark economic times.
Mr. BOEHNER. Mr. Chairman, I yield 2 minutes to the gentlewoman from
Tennessee (Mrs. Blackburn), a member of the committee.
Mrs. BLACKBURN. Mr. Chairman, I rise today to express my support for
H.R. 1261, the Workforce Reinvestment and Adult Education Act of 2003.
This bill has a directed focus: Strengthening local participation and
streamlining the current WIA funding process. The primary purpose is to
achieve more efficient and results-oriented services for the program's
participants. This is important because in the past the WIA system has
been hampered by duplicative and redundant bureaucracy, preventing it
from being as effective as it should be for retraining workers.
WIA provides workforce services in programs through One-Stop Career
centers. These centers have several important goals. They offer
information on jobs, provide education and training resources, and aid
employee retention. Further, they train workers in occupational skills
needed to get a job, or for those already employed the centers help
workers acquire the skills necessary to move upward and on to higher
paying jobs.
Last year alone over 30,000 Tennesseans enrolled for workforce
investment services through 14 One-Stop Career Centers and the 55
affiliate sites located throughout the State. This bill strengthens the
mission of these centers by playing a critical role in helping people
who seek to improve their skills, their jobs, their careers and their
incomes. It provides them with the tools and training necessary to be
competitive in the 21st century workforce.
Further, it strengthens education programs by providing a way to
enhance and refresh competency skills. It is my firm belief that with
the employment services the centers provide, Tennessee workers will
have access to the training needed to thrive in an ever-increasing
technology-driven economy.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 3 minutes to
the gentleman from Michigan (Mr. Kildee), a member of the Committee on
Education and the Workforce.
Mr. KILDEE. Mr. Chairman, I thank the gentleman for yielding me this
time.
I rise in strong opposition to this bill. In 1998 the gentleman from
California (Mr. McKeon) and I brought a bipartisan WIA bill to this
House. Unfortunately, this is not the case today. The key failure of
this legislation is that it does not respond to the economic realities
that American families are facing today. We have 8.8 million
individuals who are out of work. These are real people with names. We
have growing budget deficits projected to top a half trillion dollars
this fiscal year. Most alarming is the fact that three unemployed
individuals are competing for every job.
In light of these dire economic conditions, I have grave concerns
about the bill before us today. This bill unravels the very fabric of
our Federal job training system. First, the proposal would eliminate
the employment service, the program which matches those looking for
work with jobs. The bill also block grants our job training programs.
As our economy continues its downturn, it is extremely shortsighted to
eliminate the function that matches jobs and individuals looking for
work.
I must stress how disappointed I am that the Committee on Rules did
not make either of my amendments in order to extend unemployment
benefits. The House is not responding to the needs of the American
workers by denying the debate on these amendments. The families of
unemployed workers are struggling to ensure that they can afford their
rent and put food on the table. We should not ignore the needs of these
families. Where is the compassion of this Congress? I certainly can see
the conservatism, but I do not see the compassion.
This bill also allows governors to take funding from veterans
programs, programs serving individuals with disabilities, and other
partner programs to fund one-stop infrastructure costs by also
eliminating their seat on local workforce boards.
I am aware that an amendment may be offered today to cap the amount
of funds that can be taken, but this amendment is deficient. This
amendment is inadequate and will still place these programs and the
services they provide at risk.
Lastly, Mr. Chairman, this legislation repeals existing civil rights
protections. Under current law faith-based organizations do receive
Federal funds and do an admirable job providing job training services.
Unfortunately, the Republican bill would allow for these organizations
to refuse to hire individuals due to their faith for positions paid for
with Federal dollars.
Mr. Chairman, this bill does not respond to the needs of unemployed
individuals and individuals with disabilities seeking to return to the
workplace. In fact, it undermines the progress we have made under WIA
thus far. I regret that the Committee on Rules has prevented us from
responding to the real needs of American workers.
I urge opposition to final passage of this legislation.
Mr. BOEHNER. Mr. Chairman, I yield 6 minutes to the gentleman from
California (Mr. McKeon), the father of the Workforce Investment Act of
1998.
Mr. McKEON. Mr. Chairman, I rise in strong support of H.R. 1261, and
I want to thank the gentleman from Ohio (Mr. Boehner), chairman, for
his support and his leadership on this bill, and the committee in
general.
Simply put, H.R. 1261 will help strengthen America's economy. For
example, this important bill includes amendments to Title I of the
Workforce Investment Act of 1998, which provides for the Nation's one-
stop workforce development system. The bill also contains the Adult
Basic Education Skills Act, which reauthorizes State programs for adult
education. It also would reauthorize the Rehabilitation Act of 1973,
which provides services to help individuals with disabilities become
employable and achieve full integration into society.
Last week the Department of Labor released updated economic figures
showing that the Nation's unemployment rate for April rose to 6
percent, its highest level since the 2001 recession, matching the rate
that occurred this past December. With the April decline of 48,000
jobs, the fall in payroll employment over the past 3 months reached
525,000 jobs. Payroll employment has declined by 2.1 million jobs since
the beginning of the recession.
{time} 1230
With hundreds of thousands of Americans searching for new jobs, we
must take action to strengthen the job training opportunities for
American workers.
The Workforce Reinvestment and Adult Education Act of 2003 builds
upon and improves systems created in the Workforce Investment Act of
1998, which consolidated and integrated employment and training
services at the local level in a more unified workforce development
system. One of the hallmarks of the new system is that, in
[[Page H3780]]
order to encourage the development of comprehensive systems that
improve services to both employers and job seekers, local services are
provided through a one-stop delivery system. At the one-stop centers,
assistance ranges from core services, such as job search and placement
assistance, access to job listings, and an initial assessment of skills
and needs, intensive services such as comprehensive assessments and
case management, and, if needed, occupational skills training.
Even though States and local areas have created comprehensive
services and effected one-stop delivery systems, there have been
challenges with the system. H.R. 1261, the Workforce Reinvestment and
Adult Education Act of 2003, goes even further and addresses some of
the challenges of the current system. For example, the bill streamlines
unnecessary bureaucracy, increases effective cooperation among
workforce development partners and places an increased emphasis on
basic skills and adult education programs.
This bill aims to streamline current WIA funding in order to provide
more efficient and results-oriented services and programs by combining
the adult, dislocated and employment service funding streams into one
funding stream. This will eliminate administrative duplication that
remains in the system, improving services for individuals.
There is a need to increase the financial contribution of the
mandatory partners in the one-stop career centers while at the same
time increasing the service integration among the partner programs.
This includes serving special populations, like individuals with
disabilities who have unique needs, through the one-stop system.
There is also a need to simplify the local and State governance
processes and to strengthen the private sector's role by ensuring
greater responsiveness to local area needs. We accomplish this by
removing the requirement that one-stop partner programs have a seat on
the local boards. This will provide for greater representation and
influence by local business representatives who currently are
frequently frustrated that they are not able to connect with, or
access, resources from the local boards.
We are also strengthening the membership requirements and role of the
State board to increase support for partner usage in an effort to
create a more coordinated approach to addressing the workforce needs of
each community.
Additionally, we need to increase training opportunities by providing
for greater flexibility in the delivery of core, intensive, and
training service. Individuals will have the opportunity to receive the
services that are most appropriate for their needs.
In short, this bill aims to empower individuals in improving their
careers by strengthening the infrastructure of the one-stop delivery
system, improving accountability, enhancing the role of employers, and
increasing State and local flexibility.
The bill also includes the Adult Basic Skills Act to reauthorize
State programs for adult education. This bill places more of a focus on
the delivery of the basic skills of reading, writing, speaking, and
math. Additionally, we have sought to ensure that instructional
practices are based on scientific research. Provisions have been
included to increase accountability for States and local providers to
have measurable improvement in basic skills and GED graduates and those
entering higher education.
The bill also makes improvements to the Rehabilitation Act of 1973,
which provides services to help persons with disabilities become
employable and achieve full integration into society. The Vocational
Rehabilitation title of this bill enhances and improves transition
services, which promote the movement of a student served under the
Individuals With Disabilities Education Act from school to post-school
activities, which we passed last week.
H.R. 1261 will strengthen our workforce development system to aid
those Americans most in need of help getting back to work.
I am pleased to support this legislation and urge my colleagues to do
the same.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 2 minutes to
the gentleman from New York (Mr. Owens), a member of the committee.
(Mr. OWENS asked and was given permission to revise and extend his
remarks.)
Mr. OWENS. Mr. Chairman, our Nation is faced with a few simple facts
that are awesome indeed. Unemployment has risen to a high of 6 percent
nationally. In New York it is 9 percent. States throughout the Nation
are faced with large deficits. States and cities are being forced to
lay off government workers. Since the year 2000, more than 600,000
youths have lost their jobs. The economic downturn appears unlikely to
end any time in the near future, according to the majority of the
expert economists.
Added to this is the fact that 90 percent of the troops on the
frontline in Iraq and Afghanistan are members of working families. They
come from working families. They are out there on the front lines. But
nevertheless, here in America the Republican majority wages a
relentless war against working families.
I call on the Republican majority to call a truce. Stop your war
against working families. You started this administration with a repeal
of the ergonomics laws. That was a slap in the face of all working
people. You have continued by ignoring the question of raising the
minimum wage. You have launched a new assault on cash payments for
overtime. You have launched a new assault against OSHA.
Please, call a truce. These are working families who are as important
in America as anybody, probably more important. Those are the people
who supply the troops out there on the front lines.
We are totally insensitive to the fact that the Nation is diminished
by the way the workers are treated. We have very serious problems that
are not being addressed by the Workforce Investment Act. More money
should be invested in training the workforce needed to make homeland
security more than a joke. There are lots and lots of types of
expertise needed that we do not have that we ought to be training for.
Let us, please, call a truce. Stop the war, stop the hostilities,
against working families in America.
The CHAIRMAN. Without objection, the gentleman from California (Mr.
McKeon) will control the time of the gentleman from Ohio (Mr. Boehner).
There was no objection.
Mr. McKEON. Mr. Chairman, I yield 2\1/2\ minutes to the gentlewoman
from Colorado (Mrs. Musgrave), one of our outstanding new freshmen.
(Mrs. MUSGRAVE asked and was given permission to revise and extend
her remarks.)
Mrs. MUSGRAVE. Mr. Chairman, I would like to address my comments
specifically to those who would prevent religious organizations, faith-
based organizations, from receiving Federal funds to help unemployed
Americans.
Religious organizations have often been denied Federal funding simply
because they have a religious name or an identity or they hire on a
religious basis. Our President has called on his administration and
Congress to remove these barriers, and I wholeheartedly support that.
I would remind my colleagues that during the 1990s President Clinton
supported four laws that allowed religious organizations to retain
their right to hire on a religious basis while they were receiving
Federal funds, just as Republicans are doing today, to ensure that
faith-based organizations can be part of the Federal job training and
worker relief system under the Workforce Investment Act. The four laws
that were passed during the Clinton administration were the Substance
Abuse and Mental Health Services Act, the Community Services Block
Grant of 1998, welfare reform of 1996, and the Community Renewal Tax
Relief Act of 2000.
Faith-based organizations cannot be expected to sustain their
religious mission without the ability to employ individuals who share
in their tenets and practices. It is that very faith that motivates
these people to help Americans that are in trouble.
Members of faith-based organizations should enjoy the same right to
associate with those that share their unique vision, just as other
known-religious groups do. For example, Planned Parenthood may refuse
to hire those who do not share its views about abortion. Planned
Parenthood Federation
[[Page H3781]]
of America received over $100 million in Federal funds to support the
things that they offer in fiscal years 1997, 1998, and 1999. Equal
treatment requires that religious organizations, faith-based
organizations, have the same right to hire on idealogical grounds.
Let us allow faith-based organizations to retain their unique
character and help and assist Americans who need a job.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 2 minutes to
the gentleman from Illinois (Mr. Davis), a Member of the committee.
(Mr. DAVIS of Illinois asked and was given permission to revise and
extend his remarks.)
Mr. DAVIS of Illinois. Mr. Chairman, I rise in strong opposition to
H.R. 1261. However, I want to first thank the gentleman from Ohio
(Chairman Boehner) and the ranking member, the gentleman from
California (Mr. George Miller), for accepting one of my amendments in
committee that would include ex-offenders as part of the hard-to-serve
population who are seeking employment.
However, I am disappointed that the amendment that my colleague, the
gentleman from Louisiana (Mr. Baker), and I submitted to the Committee
on Rules was not accepted. This amendment would strike sections 402 and
403, which would change the current status of the Commissioner of
Rehabilitation Services Administration. Currently the commissioner is
appointed by the President with the advice and consent of the Senate.
This bill would change the current structure of the position from a
Presidential appointee to a director appointed by the Secretary of
Education. The disability community is opposed to this change because
it puts additional distance between the President and the commissioner.
We are still talking about cuts; and we all know that when there are
cuts, there are serious social consequences that occur when young
people are not in school and not employed. We will see crime rates
increase, arrests increase, drug abuse increase and gang activity
increase. Young people, if they are not employed, will find something
to do with their time; and I am afraid that it is not going to be
productive, and, perhaps in some instances, even illegal.
One of the shocking provisions, though, of this resolution is that
H.R. 1261 allows employers to discriminate based on religion when
hiring for government-funded positions in job training. Our country
cannot go backwards. Children learn in school about NINA laws, that is
``No Irish Need Apply,'' and now we are going back to another period.
Perhaps soon we will see ``No Jews Need Apply,'' ``No Christians Need
Apply,'' ``No Blacks Need Apply.'' Well, I think that that is shameful.
And, yes, faith-based organizations should be allowed to do their work,
but they should not be promoted to discriminate at the same time.
Mr. McKEON. Mr. Chairman, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 3\1/2\ minutes
to the gentleman from Massachusetts (Mr. Tierney).
Mr. TIERNEY. I thank the gentleman for yielding me time.
Mr. Chairman, I am disappointed in the legislation that we are
debating today, because this could have been much better. We are only
days after depressing job reports, the most depressing reports in
decades, released by the Department of Labor showing we lost half a
million jobs in the last 3 months. Instead, what the majority brings to
this floor is an eviscerated, underfunded job training and workforce
development bill.
Tomorrow, the majority will bring to the floor a bloated tax bill,
overwhelmingly weighted to the wealthiest Americans; and combined, this
is what you are going to call a jobs program.
Since January 2001, when the current President took office, this
economy has lost 2.7 million jobs that are private sector jobs. It is a
net loss of more than 74,000 jobs a month. The President is on track to
have the worst job creation record for any President since World War
II. Workers desperately need relief, the economy desperately needs a
boost, and this bill does not provide it.
The House majority missed a tremendous opportunity to continue the
30-year record that we have had of bipartisan cooperation on the
workforce investment program. But even before the House began to
authorize this process, the administration and this Congress had a
terrible record on job training.
Despite the rising unemployment numbers under this administration,
the programs under the Workforce Investment Act have been dramatically
underfunded. In fiscal year 2002, the Republican majority adopted a
$300 million rescission of WIA funds; in fiscal year 2003, they cut WIA
by $440 million; and they project 2004 to cut it by $265 million. This
warrants concern that the rhetoric of support for these programs is not
matched by the conduct.
{time} 1245
This legislation does nothing to restore those cuts in critically
needed training dollars, and it does nothing to restore working
families as a priority.
There are at least 5 problems with this bill as it is reauthorized.
Instead of restoring needed funding, it actually block grants the
money, including the adult dislocated worker and employment services
programs. Make no mistake, block granting these programs is nothing
more than a precursor to further reducing funding for job training in
the future. Combined with the history of the cuts that I just
discussed, the history of block grant programs tried elsewhere that
result in cuts and the history of the administration putting no money
in for extension of unemployment benefits, we start to see the attitude
of the majority and of this administration towards unemployed Americans
and people that need to get back to work.
The block grants ignore important differences between the various
types of jobs and job seekers that are currently served by the WIA
programs, and they pit one group of underemployed against the
unemployed trying to receive assistance.
Second, the bill will also largely replace the unemployment service
program whose central mission is to facilitate the match between job
seekers and employers and the Federal-State partnership that consists
of more than 1,800 local offices. This approach will undermine the
principle of an unbiased, nonpartisan agency to administer job
referrals and assist in the payment of unemployment insurance benefits.
Thirdly, the bill denies services to in-school youth under the Youth
programs title of WIA. The bill has been changed to allow 30 percent of
local funding for in-school youth. I strongly support the concept that
young people who leave school before finishing should be given a second
chance, but I also believe it makes sense to catch as many as we can
before they leave the classroom. This legislation restricts the ability
of local communities to respond to their needs and it flies in the face
of the kinds of effective programs that are currently being
implemented.
Fourth, State governors will be allowed to take unspecified amounts
of funding presently used to provide critical veterans employment,
adult education, vocational rehabilitation, and other services and
instead use that money for administrative costs in the one-stop
centers. Federal organizations projected a $61.3 million shortfall in
their outreach and job counseling and placement programs already.
Vocational organizations can only service 5 percent of those who need
their services already.
Finally, the bill rolls back the critical civil rights protections.
Mr. Chairman, we have again missed an opportunity to come together in
a bipartisan fashion. This legislation is the worse for it, and I urge
its rejection.
Mr. McKEON. Mr. Chairman, I yield 3 minutes to the gentleman from
Georgia (Mr. Isakson), the vice chairman of the subcommittee and one of
the great leaders on the committee.
Mr. ISAKSON. Mr. Chairman, I thank the gentleman from California
(Chairman McKeon) for introducing me, but also in particular for his
leadership and work on this legislation, as well as the gentleman from
Ohio (Chairman Boehner).
I am particularly pleased to rise in support of H.R. 1261 because of
the great additional support it gives to the youth of America. This
bill provides a targeted approach to serving America's youth.
Specifically, it emphasizes the need to provide WIA youth funds for
[[Page H3782]]
out-of-school young adults. Under current law, funds for the WIA youth
program are spread too thinly. Out-of-school youth are currently
underserved and face significant challenges to successful employment
and careers. This bill addresses the problem and provides adequate
funding to alleviate the problem.
Furthermore, this bill provides that youth eligible for services
under State and local programs must be of the ages between 16 and 21. A
focus on this age group will provide States with the flexibility to
address both in- and out-of-school youth, as well as promote dropout
prevention for our Nation's youth. However, services for in-school
youth must be provided during nonschool hours, which may include before
and after school programs. This bill promotes more productive
development programs, while ensuring these training and employment
programs are not substituted for school curriculum. The purpose is to
enhance and supplement education, in addition to traditional schooling,
to better prepare them for the jobs of the future.
Additionally, the bill makes Youth Councils optional rather than
mandatory. In many areas, local Youth Councils have proven to be
inefficient or ineffective in enhancing the local system's efforts to
provide programs and services that successfully address youth issues.
However, local boards retain the authority to create such councils if
they are needed and prove effective in this area.
Finally, this important legislation provides challenge grants to
cities and rural areas that have effective partnerships with education,
business, and community organizations in providing youth programs and
services. These areas will have the ability to compete for challenge
grant targeted funding, which will further result in greater and more
effective services for our youth population.
Mr. Chairman, H.R. 1261, the Workforce Reinvestment Act and Adult
Education Act of 2003, is crucial to a successful and productive
workforce and especially crucial to the youth of America. I am pleased
to rise in support, and I encourage this House to adopt the
legislation.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 3 minutes to
the gentleman from New York (Mr. Nadler).
(Mr. NADLER asked and was given permission to revise and extend his
remarks.)
Mr. NADLER. Mr. Chairman, I rise today in opposition to this
legislation which will enshrine the principle of religious
discrimination in our laws. I can recall no greater betrayal of our
Nation's family principles in my 10 years in Congress.
Supporters of this bill have held up the nonexistent problem that
religious organizations allegedly cannot participate in federally
funded programs. That is not true. Religious organizations have every
right to participate in publicly funded programs and they have done so
for many years.
This bill is also not about protecting religious freedom. Current law
protects the right of institutions to select their own clergy and
practice their religions free from government interference. No one is
questioning that, and this bill has nothing to do with it. The question
is whether you can discriminate in taxpayer-funded, nonreligious
employment. Current law says you cannot. This bill says you can.
This is not equality, and it is certainly not compassion. It is
simply wrong to tell those taxpayers that programs they fund can be
closed to them simply because of their religious faith.
Mr. Chairman, the people I represent understand religious
discrimination. Many of them came to this country because Jews or
Catholics faced the evils of religious bigotry in Europe. They should
not have to face it here.
This bill is also a slander against religious people across this
Nation. They do not want to engage in employment discrimination; they
want to help people. They are guided by their faith to make the world a
better place.
Not only does this bill bring shame on our Nation and its tradition
of religious tolerance, the Republican leadership has decreed that we
cannot even vote on this momentous question of repealing the law
against religious discrimination. They have abused their power by
forbidding a discussion and a vote on this fundamental question.
What are they afraid of? Are they afraid that some of their Members
might have to answer to their neighbors for casting a vote in favor of
religious discrimination with taxpayers' money? I cannot blame them
from hiding behind the Iron Curtain of the Committee on Rules.
Mr. Chairman, we have heard all of this before from the Republican
leadership. In the Committee on the Judiciary, we were told that people
should be able to discriminate against janitors and the people who
serve soup to the poor simply on the basis of religion. The President
has made the right to discriminate on the basis of religion the heart
of his so-called ``compassionate conservatism.''
Mr. Chairman, that is not what America is about. It is not the spirit
of religious charity, it is not the spirit of religious liberty. I
cannot imagine voting yes on a bill to say that for the first time
since the Civil Rights Act of 1964 we are going to repeal a bill, a law
against religious liberty, a law that Ronald Reagan signed, a law that
said you cannot discriminate with Federal taxpayer funds on the basis
of religion. This bill says you can. For shame, Mr. Chairman.
Mr. Chairman, I rise today in opposition to this legislation which
will enshrine the principle of religious discrimination in our laws. I
can recall no greater betrayal of our nation's founding principles in
my 10 years in Congress.
Proponents of this bill have held up the non-existent problem that
religious organizations cannot participate in federally funded programs
that is not true. Religious organizations have every right to
participate in publicly funded programs, and they have done so for many
years. I have helped many of these religiously affiliated charities
obtain Federal and State funding to do their good work as have most
other members of this House.
This bill is also about protecting religious freedom. Current law
protects the right of religious institutions to select their own clergy
and practice their religions free from governmental interference. No
one is questioning that, and this bill has nothing to do with it. The
question is whether you can discriminate in taxpayer funded non-
religious employment. Current law says you can't. This bill says you
can.
This is not equality, and it is certainly not compassion. All
Americans pay their taxes and, therefore, pay for these programs. It is
simply wrong to tell those taxpayers that programs they fund can be
closed to them simply beause of their religious faith.
Mr. Chairman, the people I represent understand religious
discrimination. Many of them came to this country because Jews or
Catholics faced the evils of religious bigotry in Europe. They should
not have to face it here.
This bill is also a slander against religious people across this
nation. They do not want to engage in employment discrimination; they
want to help people. They are guided by their faith to make the world a
better place.
Not only does this bill bring shame on our nation and its tradition
of religious tolerance, the Republican leadership has decreed that we
cannot even vote on the momentous question of repealing the law against
religious discrimination. They have abused their power by forbidding a
discussion and a vote on this fundamental question.
What are they afraid of? Are they afraid that some of their members
might have to answer to their neighbors for casting a vote in favor of
religious discrimination? I can't blame them for hiding behind the Iron
Curtain of the Rules Committee. I wouldn't want to have to answer for
that either.
Mr. Chairman, we have heard this all before from the Republican
Leadership. In the Judiciary Committee we were told that people should
be able to discriminate against janitors and the people who serve soup
to the poor simply on the basis of religion. The President has made the
right to discriminate over the heart of his ``compassionate
conservative''.
Mr. Chairman, that's not what America is about. This is certainly not
the spirit of religious charity. I urge a no vote on this bill so we
can come back and do it right.
Mr. McKEON. Mr. Chairman, I yield 2 minutes to the gentleman from
South Carolina (Mr. Wilson), another new member of our committee.
Mr. WILSON of South Carolina. Mr. Chairman, I want to thank the
gentleman from Ohio (Chairman Boehner) who has worked diligently to
strengthen workforce development and job training programs by
eliminating wasteful duplication and refocusing services to ensure job
seekers have access to the most effective job training resources
available.
The unemployment rate reached 6 percent last month. It is clear we
must join together to provide out-of-work Americans with the tools and
resources they need to get back to work.
[[Page H3783]]
Mr. Chairman, H.R. 1261 will strengthen and renew the programs at the
one-stops by providing more effective and efficient services and by
using resources more appropriately for Americans striving to get back
to work. The one-stops I have visited are making a difference and this
bill will allow them to provide even better services.
H.R. 1261 combines the three funding streams into one, which provides
for streamlined program administration and more efficient service
delivery at the State and local level, resulting in additional funds
available for the provision of services. However, funds continue to be
targeted for those needing the most critical reemployment services.
H.R. 1261 continues to require States to provide rapid response
services in case of mass layoffs, plant closings, disasters, or other
events that lead to substantial increases in the number of unemployed
individuals.
Employment services will continue to be provided as core services at
the one-stop career centers.
In addition, the bill provides an equitable distribution of funds
between States and local workforce investment areas. The bill ensures
that funds currently supporting the delivery of local reemployment and
training services will continue.
In conclusion, the one-stop operators will no longer have to track
multiple streams of funds. States and local areas will have the
flexibility to tailor services to the needs of their labor market.
Mr. Chairman, I urge my colleagues to support H.R. 1261, and God
bless our troops.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 2 minutes to
the gentleman from Texas (Mr. Green), an alumni of the committee.
Mr. GREEN of Texas. Mr. Chairman, I thank our ranking member for
yielding me this time, and I appreciate the recognition as alumni of
the Committee on Education and the Workforce.
I rise in opposition to the legislation which hurts our unemployment
assistance programs at the worst possible time. In my hometown in
Texas, the unemployment rate is 6.7 percent as of March 2003, and
probably is getting worse. Across the country, there are almost 10
million Americans who are officially unemployed and many who are not
counted because they have dropped off the rolls. Our unemployment
system needs to be stronger, not weaker. We need extended unemployment
assistance in low income areas and we need stronger employment and
retraining services.
The bill here today, H.R. 1261, actually reduces vital services
through the old ``block grant and privatize'' game. I heard from my
constituents working in the employment services field, and they report
that privatization means unresponsive low bid contractors, overworked
staff, and cutting corners.
Another concern I have is with the requirement that State vocational
rehabilitation plants must describe how these services are better
coordinated with services under IDEA. I do not mind coordination, but
not if it is a cover for funding cuts, and that is what I am concerned
about.
Under this bill, one-stop centers, which have been a success across
the country and also in Houston would have to use more of their Federal
funds to pay for infrastructure, not for services. That is a funding
cut.
With over 3 million workers projected to lose their temporary
unemployment assistance from now until the end of the year, without a
new job, this bill makes no sense.
In my opposition, I would also point out that this reauthorization is
opposed by major Hispanic groups, including the National Council of La
Raza and the Hispanic Education Coalition, because it fails to help
unemployed Hispanics in America to improve their English skills and job
prospects. Again, from Texas and the Southwest we have a lot of skilled
workers, but if our unemployment services provide English assistance,
those people could get work and even better employment. If we want
Hispanic folks in the labor market, we need to make a commitment that
teaching English as a second language is important. This bill allows
States to teach English, but makes no real commitment of resources.
Let me just touch on the religious concern I have. We had a job fair
in our district last Monday that was coordinated in a Baptist church.
We already have religious institutions involved if they want to be. We
had many employers, and we had our workforce commission in Texas there
that organized it. It was a great example of a religious community
coming out and using their facilities, and that is happening right now,
and they do not have to have discrimination. It happened to be a
Baptist church, but they did not say we would only hire Baptists or let
only Baptists come in here and apply for these jobs.
Mr. Chairman, I am concerned this bill goes in the wrong direction,
and that is why I stand in opposition.
The CHAIRMAN. Without objection, the gentleman from Ohio (Mr.
Boehner) assumes control of the time.
There was no objection.
Mr. BOEHNER. Mr. Chairman, how much time do we have remaining on each
side?
The CHAIRMAN. The gentleman from Ohio (Mr. Boehner) has 8\1/2\
minutes remaining, and the gentleman from California (Mr. George
Miller) has 10\1/2\ minutes remaining.
Mr. BOEHNER. Mr. Chairman, I reserve the balance of my time.
The CHAIRMAN. Without objection, the gentleman from Michigan (Mr.
Kildee) assumes control of the time.
There was no objection.
Mr. KILDEE. Mr. Chairman, I yield 2 minutes to the gentleman from New
Jersey (Mr. Holt).
Mr. HOLT. Mr. Chairman, I thank the gentleman from Michigan for
yielding me this time.
I rise with some real concerns about this bill. The Workforce
Investment Act and the one-stop delivery system that it created
represent the Nation's primary investment in workforce development.
{time} 1300
It has been successful. The one-stop centers in my district do
tremendous work, but they desperately need more money to keep serving
the rising, I am sorry to say, rapidly rising number of unemployed. I
offered an amendment in the Committee on Rules to reverse the $650
million in cuts to the WIA programs applied over the past 2 years, over
the time that the needs of unemployed people were increasing; and these
cuts have been enormously harmful. Unfortunately, the Committee on
Rules would not allow my amendment to come to the floor so we could
debate what is an appropriate authorization here.
The bill has been rushed to the floor in a partisan fashion and,
worse, fails to adequately respond to the needs of our workers. It sets
the stage for reducing job training programs by taking money away from
participating partners in the Workforce Investment Act such as the
Veterans Employment programs, Perkins Vocational Education program, and
the Vocational Rehabilitation program. And in addition, it consolidates
adult employment and training programs into one block grant. And that
removes many of the Federal performance and accountability measurements
and standards that help make WIA a high-quality workforce program. And
if that is not bad enough, the bill, as you have heard, eliminates
current civil rights protections for employees of job training
organizations.
For all of these reasons, I cannot support the bill. I urge my
colleagues to oppose the bill so we can return it to the committee
where I sit with the gentleman from California (Mr. George Miller) and
the gentleman from Ohio (Mr. Boehner) so that we can bring it back to
the House in a bipartisan fashion as a bill that will help job seekers
find jobs.
Mr. BOEHNER. Mr. Chairman, I yield 4 minutes to the gentleman from
Indiana (Mr. Souder), another alumni of our committee.
(Mr. SOUDER asked and was given permission to revise and extend his
remarks.)
Mr. SOUDER. Mr. Chairman, first I want to thank the chairman, the
gentleman from Ohio (Mr. Boehner), and the chairman of the
subcommittee, the gentleman from California (Mr. McKeon), for their
work with this bill.
It is very important that we have these job training programs updated
on a regular basis; that we have the flexibility to implement,
particularly when we are struggling in the Midwest and many other parts
of the country.
[[Page H3784]]
This legislation is historic and very important. I especially want to
address some misstatements that have been on the floor this afternoon
regarding the faith-based provision; and it really troubles me as a
committed Christian, but really anybody of devoted faith, whether you
are Muslim or Jewish or whatever your background, of what seems to be a
rise of antireligious bigotry in America right now. It is basically
saying you are not welcome to practice your faith here.
The fact is, people of devoted faith have been involved in both the
public and private arena for many years. We started this morning with a
prayer. Of all the lawgivers above us, there is Moses, the only one of
the lawgivers that is faced this direction on the House floor who is
looking straight down, and In God We Trust. We have passed multiple
times on this floor legislation that has included and allowed faith-
based organizations to permit, to participate in welfare reform
initiatives, in multiple other initiatives, drug treatment, where
people can participate with their faith, without having to give up
basic tenets of their faith, in helping the poor and practicing
compassion. In fact, the courts have upheld allowing buses and
computers being given to private schools. We have charitable
contributions which are indirect, allowing people to keep money and
exempt Tax Codes. We allow students to choose to go to a college and
get a student loan which is, once again, indirect funding.
The question is, are you forcing anybody directly or indirectly into
a specific program? In job training there are many choices. This bill
has programs where there are many choices. Why can any of those choices
not include a faith-based component? There is simply not enough money
to cover all the needs in this society. When people are willing to
leverage their own private dollars, to give of their own time and to
work with individuals and individuals, particularly when we are
targeting the poor many of these people are in urban areas. Many of the
churches that are talked about are churches in my district of Ft. Wayne
that are African American churches or Hispanic churches that want to
get involved. They are the most trusted parts of their communities in
most cases. They want to be involved in the literacy. They want to be
involved in the job training. They want to be involved in the after-
school programs. And nobody is saying that they are not going to be
covered in this. Other people have a choice of where they want to go.
What we are saying is if a church wants to be involved, you cannot
tell them who they have to have in their pulpit. You can tell them that
if somebody is practicing pornography and their religion does not
believe in pornography that they cannot remove that person. Under the
governmental laws, you cannot remove a person for watching legal
pornography. But if you are a Christian like I am and you believe the
church and church organizations are supposed to reflect the glory of
your Savior or in another religion that faith, to ask that faith to
change their hiring practices, to change the basic tenets of their
faith so that they can help the poor is to ask them to do something
inconsistent.
Nobody is forcing anybody into any religion. What we are saying in
the public arena where people are getting job training and so on, can
one of their choices be to go to a faith of their choice where they can
get the training along with the character development and with groups
that are leveraging the funding.
I commend the chairmen for their initiative with this. I commend our
President, and I am appalled at the religious bigotry that I hear that
is really challenging far more than this bill. It is challenging our
Tax Code. It is challenging other Court-upheld decisions because they
in effect would force the faith-based community, those who have deeply
held beliefs that we may disagree about, out of the public arena; and
that is wrong.
Mr. KILDEE. Mr. Chairman, I yield 2 minutes to the gentleman from
Ohio (Mr. Ryan), a member of the committee.
Mr. RYAN of Ohio. Mr. Chairman, I thank the gentleman for yielding me
time, and I would also like to thank the gentleman from California (Mr.
George Miller) for his leadership, as well, on this committee.
Mr. Chairman, 2.6 million job losses, and $1.2 billion trade deficit
a day, $1.2 billion trade deficit a day; 2.2 million of the 2.6 million
jobs that we have lost are manufacturing jobs, good-high wage, high-
paying jobs with health care benefits and pensions.
This is another missed opportunity. We had an opportunity here in the
committee to try to stimulate this economy, to try to make
advancements; and we had an amendment on the Democratic side, $3.7
billion investment for 100,000 first responders, directly bumped into
our local communities that are struggling. We are laying off police. We
are laying off firefighters. We are laying off first responders; and
those same first responders have also been called to serve in the war,
leaving a major hole in our local communities.
In my district alone, 6.9 percent unemployment. In Ohio, 85,000
workers have exhausted their benefits, 42,000 have exhausted their
benefits and are still looking for work; and the answer in this Chamber
and the answer in Washington, DC is a tax cut.
In my district there is 1 percent of the taxpayers that have an
income above $200,000, and 50 percent of the workers in my district
will get a hundred bucks. That is not helping average people in this
country. And we spew out statistics here left and right, but I am
afraid that again all the faces and the names have turned into numbers
in this society. And it is time to give a shot in the arm to this
economy. We can address local issues. We can invest in our local
community. We can employ our first responders and at the same time
address the homeland securities issue. This bill is not doing it, and I
urge we reject it.
Mr. KILDEE. Mr. Chairman, I yield 2 minutes to the gentleman from
Ohio (Mr. Kucinich).
Mr. KUCINICH. Mr. Chairman, I rise today to speak out against H.R.
1261, a bill that represent an enormous missed opportunity for this
Congress to help the growing millions of Americans looking for work or
needing additional training.
The dismal job situation in this Nation could not be more clear. The
unemployment rate moved back up to 6 percent in April as the private
sector lost another 80,000 jobs, adding to the over 400,000 jobs lost
in February and March. In all, 2.7 million private sector jobs have
vanished from the economy since January of 2001. And of the 8.8 million
unemployed workers in this Nation, almost 2 million are long-term
unemployed and 4.4 million have been looking for work for so long that
they have simply given up looking. The plight of the long-term
unemployed is so bad that the New York Times has reported that in some
cities support groups for unemployed workers have started holding two
separate sessions: one for those who have recently lost jobs, and the
other to offer special counseling needed to support those unemployed
for 27 weeks or longer.
And yet in astonishing fashion, rather than invest in new jobs or
extend benefits for the estimated 3.9 million out of work Americans who
will be directly effected when the extended unemployment program ends
this month, this bill unravels our Nation's job training system.
At a time when efforts should be made to match unemployed workers
with jobs, H.R. 1261 would eliminate the Employment Service which
provides these services. The bill also eliminates dedicated funding for
job training assistance to dislocated and unemployed workers. Instead,
H.R. 1261 block grants this funding, diluting services for millions of
workers who need help to find new jobs or retrain to support their
families.
As our country remains in the midst of stagnant economic growth with
few jobs being created, we need a job assistance and training system
that meets the needs of America's unemployed workers. H.R. 1261 is not
the bill. America's workers deserve much better. I urge my colleagues
to vote against final passage, so that as we understand that
unemployment continues to persist that we challenge these cuts, that we
challenge the reduction in job training programs, and that we move to
protect those who have worked for this Nation and now deserve our help,
not our contempt.
[[Page H3785]]
Mr. BOEHNER. Mr. Chairman, I yield 1 minute to the gentleman from
California (Mr. McKeon).
Mr. McKEON. Mr. Chairman, in 1998 we joined together in a bipartisan
fashion to pass the Workforce Investment Act. We had 150 Federal job
training programs, and that did not work. We cut it down to 60. We took
those 60 Federal programs and block granted them out to the States and
in that legislation set up the one-stop shops. The regulations were
finally written in about 2000. The one-stops have been set up. They are
starting to do their job. This bill now gives us a chance to take the
final three programs we were not able to consolidate last time,
consolidates them, gives more money to the local areas, gives more
authority and responsibility to the local areas.
The one-stops that I visited with the local governments boards are
doing a great job. We need to give them additional help. That is what
we do in this bill. It is unfortunate, as we can see from this debate,
that we were unable to do this bipartisan. It was not our choice. We
had the committee. We gave everybody the opportunity. We had full
debates on a lot of the things that they are complaining about now, and
we won on committee votes. It is important now that we really think
about the workers and how we can help them and get this bill passed.
Mr. KILDEE. Mr. Chairman, I yield such time as he may consume to the
gentleman from Texas (Mr. Hinojosa).
(Mr. HINOJOSA asked and was given permission to revise and extend his
remarks.)
Mr. HINOJOSA. Mr. Chairman, I rise in opposition to H.R. 1261.
The programs authorized under the Workforce Investment Act provide
the key supports to economic self-sufficiency for many in our
communities. They deserve a more serious and substantive discussion
than the rushed, partisan effort that we have before us today. H.R.
1261 does not address the needs of the most significant source of
growth in America's workforce--immigrants.
Consider the following: new immigrants accounted for more than 50
percent of the civilian labor force growth between 1990 and 2001. More
than 40 percent of non-citizens have less than a high school education
and approximately 17.8 million adults in the U.S. are limited English
proficient (LEP). Many states in the south and midwest have experienced
large increases in the number of LEP individuals over the past ten
years. Some of these states have little experience providing services
to LEP adults.
Evidence has clearly shown that investment in vocationally linked
English as a second language provides excellent returns. Immigrants who
are fluent in oral and written English earn approximately 24 percent
more than those who lack fluency, regardless of their qualifications.
Yet despite this, H.R. 1261 fails to provide these states with the
assistance they need to improve their English as a Second Language
(ESL) and other services to this growing population.
While many of these new Americans seek to become active participants
in civic life, few have access to ESL and civics education programs
that can help them understand their roles as community members. H.R.
1261 misses an opportunity to help these immigrants learn English and
better understand their responsibilities as new Americans. Instead,
H.R. 1261 offers divisive provisions on so-called ``charitable
choice'', which would sanction discrimination in hiring and weaken our
civil rights. This is not an investment in our workforce. It is a
diversion from what our workers need. I urge my colleagues to oppose
H.R. 1261.
Mr. KILDEE. Mr. Chairman, I yield 2 minutes to the gentlewoman from
California (Ms. Waters).
(Ms. WATERS asked and was given permission to revise and extend her
remarks.)
Ms. WATERS. Mr. Chairman, I rise today to oppose this bill. It is an
important piece of legislation that should be passed, but not in its
current form.
Mr. Chairman, our country is in trouble. On this President's watch
more than 2.3 million jobs have been lost. Many workers have exhausted
their unemployment benefits, and this administration is doing nothing
to stimulate this economy or create jobs. Congress, over the objections
of many Democrats, has stripped away job assistance programs intended
to help these workers gain skills and find employment. Unfortunately,
this bill keeps with this appalling record.
The bill undermines apprentice programs on which thousands of people
depend for training and guidance as they begin their careers. In
addition, this bill allows funding for job training programs and
unemployment services to be funded in block grants rather than its
current form, resulting in far less funding for these programs.
But what I am most concerned about is under this bill any religious
organization that receives Federal funding for job training or other
job assistance programs will be allowed to turn people away simply
because of their religious beliefs. This is discrimination in its most
obvious form. It should not be allowed. By passing this bill, Congress
will be rolling back decades of civil rights protections. We should be
ashamed that this is even being considered. And while I am at it, I too
am a Christian, and I oppose this bill and any effort to weaken civil
rights laws.
Mr. KILDEE. Mr. Chairman, I yield 2 minutes to the gentleman from
Illinois (Mr. Emanuel).
(Mr. EMANUEL asked and was given permission to revise and extend his
remarks.)
Mr. EMANUEL. Mr. Chairman, I thank the gentleman from Michigan (Mr.
Kildee) for yielding me time.
Mr. Chairman, I rise today in opposition to H.R. 1261, the Workforce
Reinvestment and Adult Education Act.
{time} 1315
We are in the middle of a jobs recession where 2\1/2\ million
Americans have lost their jobs in the last 2 years, 2 million in the
manufacturing sector alone. It is more important now than ever that we
ensure that those workers who want to train up and participate in the
new economy get a chance to participate in the new economy, and this
job training bill and a job training program is so essential.
I want to pick up on what my colleague from California said because
in 1998 we did work together in a bipartisan fashion. We put aside
politics. We zoned off the area of job training and ensured that we put
people first and not politics first, and that is why we got a
bipartisan agreement. We should not roll back on the principle that we
did in 1998. We should press forward in doing what we did in 1998 by
coming together, putting people first and not exactly politics.
My view here is that tomorrow we are going to be voting on a tax cut.
This bill focuses on the job market. We should not focus on the stock
market at the exclusion of a job market. It needs the same attention,
the same interests and the same investment that we are about to do in
just the stock market alone. The job market has as much priority as the
stock market.
On the budget that we passed 2, 3 weeks ago, there were about $700
million in cuts over 2 years in the President's budget in the job
training area. That is not the type of investment, that is not the type
of values that both parties share. People are hurting out there. My
colleagues have seen them when they have gone in the one-stop shop and
talked them, as I have, in this time of recession and unemployment
where 2 million Americans in the manufacturing sector have lost their
jobs. It is a time that we in both parties need to come together and
ensure that they have the opportunity to participate in the new
economy, to participate and have a future whether they are unemployed
or they want to ensure they have a chance at the American dream for
them and their family.
Mr. KILDEE. Mr. Chairman, I yield myself the remaining time.
Again, I regret we do not have a bipartisan bill. I regret that we
did not get in the Committee on Rules the ability to offer the
extension of unemployment benefits which are so sorely needed in this
country. I regret the fact that we have chipped away at civil rights
protections which are so precious in this country.
I would hope that somewhere along the line, before this bill is
finally finished, that we get a bill that we can have support for on
both sides of the aisle, but we cannot do that today.
Mr. BOEHNER. Mr. Chairman, I yield myself the balance of our time.
Let me again thank the gentleman from California (Mr. McKeon) and all
the Members who have helped to work to put this bill together.
I want to congratulate the members of our staff, Sally Lovejoy,
Krisann Pearce, Stephanie Milburn, Melanie Looney, Travis McCoy,
Elisabeth Wheel, and James Bergeron of the gentleman from California's
(Mr. McKeon)
[[Page H3786]]
staff. They have done a great job in helping us bring this bill here
today.
Though the legislation is important for us as legislators, we have a
chance today to provide out of work Americans with more than just a
temporary fix. We can provide them with the tools they need to get and
keep a job.
Some of my colleagues have talked about the need to extend
unemployment insurance. Indeed, providing unemployed workers with
assistance while they are out of a job is critically important, and
that is why we supported and continue to support appropriate extensions
of unemployment insurance.
However, the legislation before us today is an opportunity to provide
job seekers with what they really need to get back on their feet. We
can provide them with the tools, the training and the resources that
will help them find meaningful and permanent employment. As the old
cliche goes, if you give a man a fish, he eats for a day. You teach a
man to fish, he will eat for a lifetime. The reason that we all know
this cliche is because it happens to be true.
We have an opportunity to provide unemployed Americans with access to
job training and skills that they need to provide permanent security
for themselves and their families. H.R. 1261 addresses the real
hardships that unemployed Americans are facing by strengthening
programs and targeting most of the needed help by expanding the number
of providers that can serve job seekers.
The legislation before us today happens to receive strong support
from the States that are administering the programs, the local
workforce boards who are directly providing these services to job
seekers and the businesses who actually hire the workers. As the U.S.
Chamber of Commerce has pointed out, ``As economic growth accelerates,
the need for skilled workers will only increase. The Workforce
Reinvestment and Adult Education Act provides increased flexibility and
strives to create programs that are responsive to businesses' needs now
and in the future.''
The backbone of a strong economy is a well-developed workforce, and
providing job seekers with the skills and training they need to thrive
will strengthen our economy and they are also needed to help us spur
economic growth.
So I urge my colleagues to support this important bill, and we look
forward to entertaining the number of amendments that have been made in
order.
Mr. PAYNE. Mr. Chairman, I rise in my opposition to H.R. the
Workforce Investment Act.
Our Nation is facing the worst unemployment since the Great
Depression. The 6 percent unemployment rate that was announced the
beginning of the month equals to nearly nine million American out of
work.
2.7 million private-sector jobs have vanished since the
Administration took office a little over 2 years ago. Over the last 3
months alone, the economy has shed 538,000 private-sector jobs.
What is the Majority's solution? To severely undermine the very Act
that is designed to create opportunities for our unemployed workers.
The other side of the aisle uses words such as efficiency, steam-
lining, reforms and improvements in this bill. If this bill becomes law
in its present form, efficiency will result in more lost jobs,
streamlining will result in fewer resources for workers, and reforms
and improvements will result in privatization.
Congress has traditionally responded to the employment, training and
education needs of workers by constructing bipartisan legislation to
provide unemployment compensation and strengthen the job training
system when needed. Instead, the bill we have on the floor today falls
short of securing needed training and employment programs and fails to
assist our Nation's unemployed and disadvantaged workers.
This bill does not extend unemployment benefits; it would repeal a
21-year-old civil rights standard that prohibits federally funded job
training organizations from using religion as a qualification in hiring
decisions.
This bill would block grants the current dislocated workers programs,
adult training programs with the Employment Service. By eliminating the
funding focus for the Employment Service program, it will essentially
terminate the very service which connects people to jobs, a critical
job assistance to the unemployed workers hardest hit by the current
recession.
Participation for in school youth would be capped at 30 percent.
These are the very youth that are most likely to drop out if they don't
receive services such as summer employment opportunities, mentoring,
and job counseling.
H.R. 1261 allows Governors to use adult education funds to pay for
One Stop Center's administrative costs, thus taking critical funds from
programs such as the Perkins vocational education and Vocational
rehabilitation programs.
Secretary of Labor Elaine Chao has described our Nation's job
training and workforce development system as ``world class''. We cannot
consider our system to be world class if we allow this bill to move
forward. Ladies and gentlemen, are hurting our Nation's workers by
offering this bill as a solution and that is why I urge my colleagues
to vote against this bill.
Mr. BACA. Mr. Chairman, I rise in opposition to H.R. 1261.
H.R. 1261 is a flawed proposal that cannot be fixed. There are too
many unemployed Americans today that need services and support for
their families to pass this bill.
With a suffering economy and rising unemployment, the workers under
this proposal would be called upon to work harder than ever before, yet
receive fewer benefits and support when they are down than ever before.
The administration and GOP have adopted the reckless policy of
kicking American working families when they are down. The GOP seems to
think that during this time of high unemployment, we should cut back on
employment assistance and training.
This bill eliminates the Adult and Dislocated Worker Programs and the
Employment Service State Grants and substitutes them with a block
grant.
While the total amount for the block grant would be the same as the
sum of the individual programs, the administrative changes will
actually result in a net loss for beneficiaries.
Our national unemployment rate is 6 percent, but these numbers don't
account for the millions that have been forced off the labor force or
are not considered ``active'' enough in their job search.
Also, Republicans would have us believe that when a person's
unemployment benefits expire, they are then magically employed because
they are not counted as unemployed!
All of you here know how bad it is out there. We all have
constituents who need work, need resources to take care of their
families, and who need a helping hand.
I call on my colleagues that remember the legacy of Cesar Chavez to
oppose this bill that eliminates the Migrant and Seasonal Farmworker
Programs.
I call on my colleagues that care about our children to oppose this
bill that starves the Youth Opportunity Grant program to death.
I call on my colleagues to oppose this reckless $700 million dollar
cut to Title I programs.
This is about people! This is about the economy! This is about our
children!
This is about American working families, families that have to eat
and take care of their children, but that barely earn enough to pay for
food, shelter, and clothing.
This piece of legislation is not an acceptable or responsible
proposal to provide needed services to our Nation's unemployed. Please
join me in voting no on final passage.
Ms. PELOSI. Mr. Chairman, I rise in opposition to H.R. 1261, the
Workforce Reinvestment and Adult Education Act.
Today, in the middle of a recession, we should be voting for an
economic plan to create jobs. My colleagues and I have proposed the
Democratic Jobs and Economic Growth Plan, which would create more than
one million jobs this year. Instead, tomorrow the Republican leadership
will bring up a bill that gives tax cuts to the wealthy and does not
create jobs.
Today, with the unemployment rate at 6 percent, we should be voting
to extend unemployment benefits. Unemployment compensation immediately
puts dollars in the pockets unemployed workers and helps boost the
economy. Instead, today we are voting on a bill that will weaken our
job training programs.
H.R. 1261 has many serious flaws. First, it would consolidate funding
for services for adults, disclosed workers, and employment services
into a single block grant, forcing these groups to compete against each
other for assistance and likely leading to reduced funding. It would
eliminate the U.S. Employment Service, which maintains a free,
nationwide labor exchange that matches job seekers and employers.
This bill would allow governors to take funds from programs such as
Adult Education, Veterans' Reemployment, and job training for disabled
individuals to spend on infrastructure expenses at one-stop centers,
The result would be reduced funding for jobs and training programs at a
time when more Americans are seeking employment assistance and job
training.
H.R. 1261 would also reduce accountability of training providers by
eliminating federal performance standards. Furthermore, the bill
[[Page H3787]]
would cut back services to youth, who have been among the hardest hit
by the current economic downturn.
Finally, H.R. 1261 would overturn a federal anti-discrimination
policy established more than 60 years ago. At that time, President
Franklin D. Roosevelt decided to forbid federal contracts from
discrimination based on religion, as well as race with national origin.
Following in the same tradition, the current job training law prohibits
religious discrimination.
Breaking with this long commitment to civil liberties, H.R. 1261
would allow religious groups to discriminate on the basis of religion
when hiring or firing staff for federally-funded social programs. It is
profoundly unwise to allow the federal government to fund religious
discrimination. It is bad for our churches, bad for our workforce, and
bad for our society. I urge my colleagues to vote against H.R. 1261.
Mr. ACEVEDO-VILA. Mr. Chairman, I rise to commend Chairman John
Boehner and Subcommittee Chairman Buck McKeon for including certain
language in their manager's amendment to H.R. 1261, the Workforce
Reinvestment and Adult Education Act of 2003, and also Ranking Member
George Miller and Congressman Kildee for their support in this matter.
These adjustments will remove definitions from the bill that would have
created ambiguity with regards to providing workforce investment
funding to Puerto Rico for high school dropouts and jobless-out-of-
school youth, and would likely have resulted in reduced funding.
As reported from Committee, H.R. 1261 required certain data points to
be included in the allocation formula to be taken from the Current
Population Survey--a survey that DOL does not conduct in the
Commonwealth of Puerto Rico. The effect of this requirement would be
that funding for important, youth-focused workforce training and
education programs in Puerto Rico would likely be cut to these programs
in Puerto Rico. While a hold harmless provision in H.R. 1261 would
limit the size of any cut to these programs in Puerto Rico, the high
unemployment rate of the Commonwealth emphasizes the need to obtain all
intended, formulated and available funds for workforce investment.
The Workforce Investment Act (WIA) is an important program for
unemployed and underemployed people in Puerto Rico and all the United
States. Many people, youth and adult alike, find greater opportunity
through the training, education and other benefits provided through
WIA, and our economy will improve only by making such investments in
our workforce.
Again, I greatly appreciate the consideration of Chairmen Boehner and
McKeon in making this correction to the Workforce Reinvestment and
Adult Education Act. I know that their intent in passing this bill
through the House is to improve the delivery of workforce investment,
training and education, and to affect positive impacts on our economic
situation. Certainly, the manager's amendment will improve the
reauthorized Workforce Investment Act's application in Puerto Rico, and
will enable more funding and workforce services to benefit high school
dropouts and jobless-out-of-school youth.
Mr. LEE. Mr. Chairman, I thank my good friend from California George
Miller, a tireless advocate for working families in the Bay Area of
California and all across this nation, for yield me time today.
Mr. Chairman, I rise today in strong opposition to this bill which
will only exacerbate the jobs crisis in American and would repeal
precious civil rights protections.
Mr. Chairman, we are in the midst of a jobs crisis--an unemployment
crisis. Nine million men and women are out of work--a third of these
men and women lost their livelihood since President Bush took office.
What's the Republican response to this crisis? First, denial, then
waging war while ignoring the declining economy; now they offer us a
one-two combination jobs loss program: first this so called Workforce
Reinvestment and Adult Education Act today, followed by the
irresponsible tax cut bill scheduled for consideration tomorrow.
Mr. Chairman, we need a jobs creation program, we need to extend
unemployment benefits. This bill does nothing to create American jobs,
does nothing to help in the short-term.
In fact, it does exactly the opposite: it ensures that workers will
continue to struggle to find jobs in the long term because this bill
sacrifices so many of our tired-and-true training resources. It
collapses adult and dislocated training programs into one funding
stream and cuts then by over $600 million from FY 02 levels. It
eliminates substantial amounts for youth training programs, which is
something desperately needed in my 9th Congressional District of
California. And it does not go far enough to help veterans find jobs.
An unemployment crisis requires a real solution--the Republicans have
offered us a jobs loss program instead. On those grounds alone I oppose
this bill. But, Mr. Chairman, there is yet another reason to oppose
this bill--yet another fatal flaw: it removes civil-rights protections
that ban employment discrimination based on religious affiliation. It
is wrong and unconstitutional for taxpayer funding to go to
organizations that can hire and fire based solely on someone's
religious beliefs and for this reason too, that I urge my colleagues to
vote no on the underlying bill.
Mr. STARK. Mr. Chairman, I rise today in opposition to H.R. 1261, the
Workforce Reinvestment and Adult Education Act.
Today's bill has nothing to do with improving or ``reinvesting'' in
our workforce--far from it. Instead, the Republicans are using it to
weaken worker protections and open the door to hiring discrimination
while dismantling the employment service program that helps people out
of work find jobs. Apparently the Republicans haven't read the latest
unemployment numbers. How else can you explain being so cruel and
unfair as to pull the rug out on the nation's unemployed?
Let me remind my Republican colleagues that the number of jobs in
this country is at the lowest point in 41 months. April was the third
straight month the economy lost jobs as the nation's unemployment
jumped to 6 percent. There are now 10 million workers in America out of
work. Of those, two million have been unemployed for 27 weeks or more.
In fact, the average length of unemployment has risen to 20 weeks--
that's the highest since 1984.
You would think that with such staggering statistics, this
Republican-led Congress would be doing everything it could to bolster
workforce investment. Yet, this House Republican bill cuts employment
and re-employment services at the time they are needed most. It
underfunds the Employment Service, Adult, and Dislocated Worker
programs by consolidating them into a single block grant. This puts the
burden directly on the states, exacerbating their fiscal crises and
triggering layoffs among the very state employees who administer these
programs that help people find work. Yet, much worse, it forces
unemployed workers and welfare recipients to fight it out for a share
of these limited funds.
To add insult to injury, the Republicans give states the right to
waive basic worker protections that allow employees to seek redress
when they've been treated unfairly. They even allow religious
organizations to engage in hiring discrimination in an unholy attempt
to turn back a half-century of progress in preventing workplace
discrimination.
Current law prohibits employers participating in federal job training
programs from discriminating based on race, color, religion, sex,
national origin, age, disability, or political affiliation or belief.
The Republican bill would allow the taxpayer dollars that pay for these
job-training programs to go to religious organizations that blatantly
discriminate in hiring based on religious beliefs. What next? Will the
next Bush initiative include allowing discrimination based on race,
sexual orientation or political affiliation?
The vital civil rights provision barring federally funded religious
discrimination has never been controversial and has never been a
partisan issue. In fact, the provision was first included in the
federal job training legislation that Senator Dan Quayle sponsored. It
passed through a committee chaired by Senator Orrin Hatch and was
signed by President Ronald Reagan.
Throughout its 21-year history, this civil rights provision has not
been an obstacle to the participation of religiously affiliated
organizations in federal job training programs. Currently, many
religious organizations participate in the federal programs and comply
with the same civil rights protections that apply to other employers.
But suddenly, under the leadership of the White House, we are being
asked to forget the principle of equal opportunity on which our country
was founded.
I'm not surprised that an amendment to restore the anti-
discrimination language was defeated in committee on a party-line vote.
Yesterday, Republicans refused to allow Democrats the chance to offer
the same amendment on the House floor today. It seems that Republicans
are not only trampling on every American's civil rights, they're
preventing a fair and open democratic process.
Now is not the time to be rolling back civil rights protections and
it certainly isn't the time to be short-changing the unemployed.
Congress ought to be creating solutions to make it easier for folks to
find jobs, not more difficult. This Republican bill is clearly not a
solution. It will only create more problems for those looking for
work--problems they simply don't deserve.
I urge my colleagues to vote no on H.R. 1261.
Mr. REYES. Mr. Chairman, I rise today in strong opposition to the
Workforce Reinvestment and Adult Education Act of 2003.
Of particular concern to me is the devastating effect this bill would
have on funding for dislocated worker programs, which are so important
to workers in my district of El Paso, Texas.
El Paso has the unfortunate distinction of having the greatest number
of NAFTA-related
[[Page H3788]]
job losses in the nation, with over 20,000 workers losing their jobs
since the implementation of NAFTA almost a decade ago.
Once, El Pasoans could find employment at the textile, plastics, and
electronics assembly plants in their community. For many of my
constituents who have limited English proficiency and education, these
jobs provided a good, living wage for workers and their families. But
in the wake of NAFTA, a great number of the factories have closed, and
the jobs have disappeared.
In their place, there are new employment opportunities in the
service, healthcare, and high-tech industries. However, most dislocated
workers are not prepared to fill these jobs without the education and
training that federal dislocated worker programs provide.
Incredibly, at a time when the economy has stagnated and unemployment
is on the rise, at a time when we should be doing everything we
possibly can to help America's workers, the bill before us today
eliminates continued dedicated federal funding for dislocated worker
programs.
Mr. Chairman, this is simply the wrong bill at the wrong time. I urge
my colleagues to vote no on H.R. 1261.
Mr. MORAN of Virginia. Mr. Chairman, I rise in strong opposition to
the Workforce Reinvestment and Education Act.
This legislation fails to recognize what we all know: that there are
over 8.3 million Americans who are out of work in this country. This is
the longest stretch of job loss since the Great Depression.
With the unemployment rate now at 6 percent, it is reprehensible that
this legislation, which some have said is a ``reinvestment in our
nation's workforce,'' does not include an extension of federal
employment benefits, especially as they are set to expire at the end of
this month.
When we extended the program last January, the rate of unemployment
was even lower than the rate today, and now we have reached near crisis
point.
It has been estimated that more than 43 percent of unemployed workers
are exhausting their state benefits without finding work, and this
number will continue to climb if Congress does not address this issue
soon.
This bill also does a disservice to our veterans. Many of our troops
that are currently serving in the war in Iraq, will soon be returning
home to an economy where jobs are disappearing at a fast rate.
Under the current bill, funds targeted toward veteran employment
services would be pooled with other Workforce Investment funds and
those services previously targeted to serve our troops become
discretionary depending on how the individual state workforce
investment board decides.
As we all know, these programs are already critically underfunded.
They strive to meet the increasing demands placed upon them in an
environment of increasingly inadequate resources. To be effective,
these programs cannot sustain these devastating cuts.
Finally, the Workforce Reinvestment and Adult Education Act would
eliminate the civil rights protections of Americans, by exempting
religious organizations from anti-discrimination requirements.
The message that we are sending to the millions of Americans who are
unemployed, who are veterans and those who are in need of economic
assistance is that we do not care about keeping them from falling
further into an economic crisis.
This bill is not a reinvestment in our workforce and fails to aid the
millions of jobless Americans who need it the most.
I urge all my colleagues to vote against H.R. 1261.
Mr. HONDA. Mr. Chairman, I rise today to oppose H.R. 1261, the
Workforce Reinvestment and Adult Education Act. Let us not be fooled by
the title of the bill. A more accurate title would be the Workforce
Divestment Act, because the legislation guts the program and removes
critical civil rights protections. In a time of skyrocketing
unemployment, it is shameful that the House Republicans would prefer to
ignore workers who are in need of retraining and unemployment
compensation and instead champion tax cuts for the most well-to-do
segments of our society.
At its core, this legislation is flawed. The bill, for example, would
block grant the current dislocated worker programs with adult training
programs and the state employment service. As a result, the states
would no longer be required to assure that adequate resources are
earmarked to assist laid-off workers. Instead, unemployed workers would
be pitted against low-income workers and welfare recipients in a
competition for limited resources.
Equally troubling, H.R. 1261 explicitly authorizes religious
organizations receiving federal funds from WIA's job training programs
to discriminate against employees and job applicants based on religion.
Current law prohibits participants in federal job training programs
from discriminating based on race, color, religion, sex, national
origin, age, disability, or political affiliation or belief. Allowing
this kind of discrimination is not only wrong it is unconstitutional.
Rather than making these detrimental and indefensible changes to WIA,
we should be taking up legislation that actually helps those workers
impacted most in this recession--a recession the Bush administration
has failed to reverse. We should be working on legislation to extend
the Temporary Extended Unemployment Compensation (TEUC) program, which
is currently scheduled to expire at the end of this month. We should
not only extend TEUC, we should expand the program to provide a total
of 26 weeks of federal extended unemployment insurance benefits to all
laid-off workers, including those who have already exhausted their
federal extended benefits, as well as newly laid-off individuals. If we
do this, we would actually be investing in our workforce.
Mrs. CHRISTENSEN. Mr. Chairman, the reauthorization of the
``Workforce Reinvestment and Adult Education Act'' is critical to
solving our nation's economic slump. The unemployment rate rose to 6.0
percent in April and the number of unemployed persons increased to 8.8
million in April. Jobless rates for adult women, teenagers, whites,
African-Americans and Hispanics showed little or no change. During this
time of economic recession, investing in the workforce benefits both
employees and employers and strengthens our economy. Access to job
training is critical for our nation's unemployed. But, H.R. 1261 is not
a ``simple'' reauthorization of the Workforce Investment Act. Rather,
H.R. 1261 is the beginning of dismantling the federal unemployment
safety net that has served our nation for over 70 years.
There are several provisions of H.R. 1261 that are particularly
troubling. The Republican bill removes nondiscrimination language from
the existing law--thereby allowing organizations receiving funds under
WIA to discriminate in hiring based on religion. I have received
constituent letters urging a vote against H.R. 1261 because this
legislation jeopardizes civil rights and religious freedoms by rolling
back protection against discrimination or misuse of government funds by
religious organizations.
Block granting is a bad strategy and one that we have seen often used
by the Republicans. By block granting the current dislocated worker
program with the adult training program and the state unemployment
benefits program, welfare recipients and at-risk populations will have
to compete not only with one another for much needed services, but
competition would increase among programs for limited dollars. This
approach weakens the individual job training programs instead of
strengthening them. Restructuring WIA is not the answer to reduce our
unemployment rate. Creating more jobs is the answer.
Instead of bringing up this damaging bill, the Republicans should
also be bringing a bill to extend Unemployment Benefits. At the end of
this month, the current Temporary Extended Unemployment Compensation
program will terminate, and jobless workers who have extended their
regular unemployment benefits will not be able to obtain assistance.
This bill does nothing to address this issue.
The local WIA agency in my district, the U.S. Virgin Islands, has
voiced concerns about the change in funding ration for youth programs
under WIA. The current bill would cap participation for in-school youth
at 30 percent. Under current law, both in-school and out-of-school
youth are served. Services that would be dropped as a result of the
Republican plan include summer employment opportunities, mentoring, and
job counseling.
The reauthorization of WIA is an opportunity for Congress to address
the unemployment issue in this country. Unfortunately, H.R. 1261 does
not address the needs of this growing population. I urge my colleagues
to vote ``No'' on the passage of H.R. 1261.
Mr. RENZI. Mr. Chairman, our nation's faith-based institutions have
significant track records in meeting the training and counseling needs
of citizens seeking employment.
The services provided by faith-based institutions will be a vital
component to help our nation's workforce, increasing the ability of job
seekers to get needed training, counseling, and prevocational services.
Unfortunately, liberal special interest groups have joined forces
behind an effort to bar religious and faith-based organizations from
being involved with efforts to help workers find jobs and job training.
This is disgraceful.
Congress should actively encourage any effort to provide unemployed
men and women with new jobs, and not look for excuses as to why
qualified and proven job counseling advisors should be excluded from
helping our nation.
During the 1990s, President Bill Clinton supported four laws that
explicitly allow religious organizations to retain their right to staff
on a religious basis when they receive federal funds--just as
Republicans are proposing today. I ask my colleagues on the other side
of the aisle, why are you standing now? When you sat silently in
support of your past president.
[[Page H3789]]
This bill simply reiterates the existing exemption religious
organizations have had for more than three decades under civil rights
law, applying it to the Workforce Investment Act so that every
available resource is being tapped to help Americans find jobs.
Faith-based organizations need to be part of the Federal job training
and worker relief system under the Workforce Investment Act, and if
they are excluded, that would qualify as discrimination of a criminal
level.
Ms. WATSON. Mr. Chairman, I rise in strong opposition to H.R. 1261.
Mr. Speaker, similar to the IDEA Reauthorization last week, we are
again presented with a subpar rule and a subpar bill. The Committee did
not allow us to vote on and discuss key amendments which would have
greatly improved this measure.
I offered an amendment that was rejected by the Rules Committee
yesterday that would have specified that local WIA boards may use funds
to carry out training programs for displaced homemakers and
nontraditional training for women. These are two existing programs that
have been crucial to low-income women's economic independence and self-
sufficiency. Since more than 60 percent of WIA recipients are women,
the use of WIA funds for these programs would have provided necessary
training opportunities, counseling, and services for WIA recipients to
learn the necessary skills in obtaining and keeping jobs.
Mr. Chairman, this bill fails workers, attacks our Veterans and
erodes our civil rights laws. An amendment offered to extend Federal
unemployment benefits for newly unemployed workers and for those
workers who have previously exhausted their unemployment benefits was
not allowed. Also defeated was an amendment which would have restored
current law prohibiting the use of Federal funds to discriminate in
hiring based on religion, as well as an amendment to strike the
language in the bill that allows governors to take money from Veterans
and dislocated worker programs to pay for infrastructure costs for one-
stop centers.
The Workforce Reinvestment and Adult Education Act is supposed to
provide job opportunities for our Nation's youth and extend educational
opportunities for adults. The bill we have before us does not hold this
commitment. H.R. 1261 cuts job opportunities for youth, shifts critical
resources away from career preparation and summer jobs, eliminates the
successful Youth Opportunity Grants and reduces targeting of resources
to poor communities.
In a time of economic downturn and a rising unemployment rate, it is
our duty to provide for the necessary funds to boost our economy and
safeguard our future. We can increase the effectiveness and outreach of
boards by increasing funding to local boards. We must give local
leaders the opportunity to shape best use of resources to their
communities.
Mr. Chairman, H.R. 1261 does not cut it. I urge my fellow colleagues
to vote no on this bill.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I rise in opposition to H.R.
1261, the Workforce Reinvestment & Adult Education Act of 2003.
The supposed purpose of H.R. 1261 is to authorize and allocate funds
for employment, training, literacy, and vocational rehabilitation
programs for adults and dislocated workers. H.R. 1261 also funds
activities for low-income youth, such as tutoring and study skills
training, alternative high school services, and summer youth job
opportunities.
Despite these seemingly good intentions, H.R. 1261 does not
adequately respond to the needs of Americans today or in the future.
Rather than immediately addressing the needs of the unemployed by
extending benefits or including a jobs creation package, H.R. 1261
repeals funding for vulnerable workers. H.R. 1261 puts vulnerable and
unemployed Americans at risk by permitting Governors to take
unspecified dollars from the pool of funds available for adult
education, disability and veteran's services. Under this bill,
Governors are permitted to divert unlimited funds from already depleted
adult education, vocational rehabilitation, and veteran's services
resources to fund infrastructure and administrative costs.
I also oppose H.R. 1261 because its provisions permit overt
discrimination. Under current law, faith-based organizations are
eligible to receive Federal funds on the condition that they do not
discriminate. Under H.R. 1261, the nondiscriminatory requirement is
removed. H.R. 1261 would permit faith-based organizations that receive
Federal funds under this act to hire or fire employees based on their
religion.
H.R. 1261 is also a bad bill because it compounds the problems
wrought by our struggling economy. H.R. 1261 eliminates funding for
dislocated workers and other vulnerable Americans. Under this bill,
funding for services to dislocated workers and employment services
would be consolidated into a block grant. This is very poorly timed
legislation.
President Bush is calling for more than $700 million in cuts to job
training programs for fiscal years 2003 and 2004. More than 2 million
jobs have been lost in the last two years, more than 500,000 have been
lost in the last 3 months. In Houston, where I am proud to call home,
the unemployment rate is currently over 6 percent, a full percentage
point higher than last year.
H.R. 1261 also caps funding for in-school youths and threatens to
diminish valuable services that help these students overcome obstacles,
complete high school, and succeed in the workforce. Under the current
funding system, various at-risk youths received financial
accommodation. The funding of those youth programs would be severely
altered by the restrictive 30 percent cap.
Mr. Chairman, I oppose H.R. 1261. I want to stress that I am not
alone in my opposition to this bill. H.R. 1261 is also opposed by the
Paralyzed Veteran's of America, the AFL-CIO, the Communication's
Workers of America, the National Rehabilitation Coalition, the Baptist
Joint Committee on Public Affairs, and the American Jewish Committee.
This bill cuts funding to valuable programs and allocates Federal funds
to organizations given license to discriminate. I oppose this H.R. 1261
and I urge my colleagues to do the same.
Mr. BOEHNER. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. All time for general debate has expired.
Pursuant to the rule, the committee amendment in the nature of a
substitute printed in the bill shall be considered as the original bill
for the purpose of amendment under the 5-minute rule and shall be
considered read.
The text of the committee amendment in the nature of a substitute is
as follows:
H.R. 1261
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Workforce Reinvestment and
Adult Education Act of 2003''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
TITLE I--AMENDMENTS TO TITLE I OF THE WORKFORCE INVESTMENT ACT OF 1998
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 activities.
Sec. 111. Youth activities.
Sec. 112. Comprehensive program for adults.
Sec. 113. Performance accountability system.
Sec. 114. Authorization of appropriations.
Sec. 115. Job Corps.
Sec. 116. Native American programs.
Sec. 117. Youth challenge grants.
Sec. 118. Technical assistance.
Sec. 119. Demonstration, pilot, multiservice, research and multistate
projects.
Sec. 120. Evaluations.
Sec. 121. Authorization of appropriations for national activities.
Sec. 122. Requirements and restrictions.
Sec. 123. Nondiscrimination.
Sec. 124. Administrative provisions.
Sec. 125. General program requirements.
Title II--ADULT EDUCATION
Part A--Adult Basic Skills and Family Literacy Education
Sec. 201. Table of contents.
Sec. 202. Amendment.
Part B--National Institute for Literacy
Sec. 211. Short title; purpose.
Sec. 212. Establishment.
Sec. 213. Administration.
Sec. 214. Duties.
Sec. 215. Leadership in scientifically based reading instruction.
Sec. 216. National Institute for Literacy Advisory Board.
Sec. 217. Gifts, bequests, and devises.
Sec. 218. Mails.
Sec. 219. Applicability of certain civil service laws.
Sec. 220. Experts and consultants.
Sec. 221. Report.
Sec. 222. Definitions.
Sec. 223. Authorization of appropriations.
Sec. 224. Reservation.
Sec. 225. Authority to publish.
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. Chairperson.
Sec. 402. Rehabilitation Services Administration.
Sec. 403. Director.
Sec. 404. State goals.
Sec. 405. Authorizations of appropriations.
Sec. 406. Helen Keller National Center Act.
Title V--TRANSITION AND EFFECTIVE DATE
Sec. 501. Transition provisions.
Sec. 502. Effective date.
[[Page H3790]]
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) in paragraph (8)(C), 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'';
(2) by striking paragraph (13) and redesignating paragraphs
(1) through (12) as paragraphs (2) through (13) respectively;
(3) by inserting the following new paragraph after ``In
this title:'':
``(1) Accrued expenditures.--The term `accrued
expenditures' includes the sum of actual cash disbursements
for direct charges for goods and services, the net increase
or decrease in the amounts owed by recipients, goods and
other property received for services performed by employees,
contractors, subgrantees, or other payees, and other amounts
becoming owned for which no current service or performance is
required.'';
(4) by striking paragraph (24) and redesignating paragraphs
(25) through (32) as paragraphs (24) through (31),
respectively;
(5) in paragraph (24) (as so redesignated)--
(A) in subparagraph (B), by striking ``higher of--'' and
all that follows through such subparagraph and inserting
``poverty line for an equivalent period;''; and
(B) by redesignating subparagraphs (D) through (F) as
subparagraph (E) through (G), respectively, and inserting
after subparagraph (C) the following:
``(D) receives or is eligible to receive free or reduced
price lunch;''; and
(6) by striking paragraph (33) and redesignating paragraphs
(34) through (53) as paragraphs (32) through (51),
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 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.''.
SEC. 103. STATE WORKFORCE INVESTMENT BOARDS.
(a) Membership.--
(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 activities 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
program or activity; and
``(III) if not included under subclause (I), the director
of the designated State entity responsible for carrying out
title I of the Rehabilitation Act (29 U.S.C. 701 et seq.);
``(ii) the State agency officials responsible for economic
development;
``(iii) representatives of business in the State who--
``(I) are owners of businesses, chief executive 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 employment opportunities
that reflect employment opportunities in the State; and
``(III) are appointed from among individuals nominated by
State business organizations and business trade associations;
``(iv) chief elected officials (representing both cities
and counties, where appropriate);
``(v) representatives of labor organizations, 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 ``paragraph (1)(C)(i)''
and inserting ``paragraph (1)(C)(iii)''.
(2) Conforming amendment.--Section 111(c) (29 U.S.C
2811(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. 2811(d)) is
amended--
(1) 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 system 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 delivery systems; and
``(D) such other matters that may promote statewide
objectives for, and enhance the performance of, one-stop
delivery systems within the State;'';
(2) 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'';
(3) 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
(4) in paragraph (9), by striking ``section 503'' and
inserting ``section 136(i)''.
(c) Elimination of Alternative Entity and Provision of
Authority to 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 carrying out the functions described in
subsection (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 strategy''.
(b) Contents.--Section 112(b)(17)(A) (29 U.S.C.
2822(b)(17)(A)) is amended--
(1) in clause (iii) by striking ``and'';
(2) by amending clause (iv) to read as follows:
``(iv) how the State will serve the employment and training
needs of dislocated workers (including displaced homemakers
and formerly self-employed and transitioning farmers,
ranchers, and fisherman) low income individuals (including
recipients of public assistance), homeless individuals, ex-
offenders, individuals training for nontraditional
employment, and other individuals with multiple barriers to
employment (including older individuals);''; and
(3) by adding the following new clause after clause (iv):
``(v) how the State will serve the employment and training
needs of individuals with disabilities, consistent with
section 188 and Executive Order 13217 (relating to community-
based alternatives for individuals with disabilities)
including the provision of outreach, intake, assessments, and
service delivery, the development of performance measures,
and the training of staff; and''.
(c) Modification to Plan.--Section 112(d) (29 U.S.C.
2822(d)) is amended by striking ``5-year period'' and
inserting ``2-year period''.
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 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.--Except as provided in subparagraph (B)
of this paragraph and subsection (b), the Governor shall
approve a request 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 concentrated employment
program grant recipient that served as a service delivery
area or substate area under the Job training Partnership 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 request for designation submitted
pursuant to subparagraph (A) if such unit of government was
designated as a local area for the preceding 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 designated
region to prepare a single regional plan that incorporates
the elements of the local plan under section 118 and that is
submitted 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 ``, businesses that are
in the leading industries in the local area, and large and
small businesses in the local area'' after ``local area'';
(2) by amending clause (ii) to read as follows:
``(ii) superintendents of the local secondary school
systems and the presidents or chief executive officers of
postsecondary educational institutions (including community
colleges, where such entities exist);'';
(3) in clause (iv), by striking the semicolon and inserting
``and faith-based organizations; and''; and
(4) by striking clause (vi).
(b) Authority of Board Members.--Section 117(b)(3) (29
U.S.C. 2832(b) is amended--
(1) in the heading, by inserting ``and representation''
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 ``local area'' and all
that follows and inserting ``local area.''; 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
[[Page H3791]]
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 programs 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 Provision.--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
improvement of eligible providers of services through the
system and ensure that such providers meets the employment
needs of local employers and participants.''; and
(2) in paragraph (4), by striking ``and dislocated
worker''.
SEC. 108. ESTABLISHMENT OF ONE-STOP DELIVERY SYSTEMS.
(a) One-Stop Partners.--Section 121(b)(2)(B) (29 U.S.C.
2841(b)(2)(B)) is amended--
(1) in clause (iv) by striking ``and'' at the end;
(2) in clause (v) by striking the period and inserting a
semicolon; and
(3) by adding at the end the following new clauses:
``(vi) employment and training programs administered by the
Social Security Administration, including the Ticket to Work
program (established by Public Law 106-170);
``(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); and
``(viii) programs carried out in the local area for
individuals with disabilities, including programs carried out
by State agencies relating to mental health, mental
retardation, 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) by striking subsection (e) of section 121;
(2) by moving subsection (c) of section 134 from section
134, redesignating such subsection as subsection (e), and
inserting such subsection (as so redesignated) after
subsection (d) of section 121; and
(3) by amending subsection (e) (as moved and redesignated
by paragraph (2))--
(A) in paragraph (1)(A), by striking ``subsection (d)(2)''
and inserting ``section 134(c)(2)'';
(B) in paragraph (1)(B)--
(i) by striking ``subsection (d)'' and inserting ``section
134(c)''; and
(ii) by striking ``subsection (d)(4)(G)'' and inserting
``section 134(c)(4)(G)'';
(C) in paragraph (1)(C), by striking ``subsection (e)'' and
inserting ``section 134(d)'';
(D) in paragraph (1)(D)--
(i) by striking ``section 121(b)'' and inserting
``subsection (b)''; and
(ii) by striking ``and'' at the end; and
(E) by amending paragraph (1)(E) to read as follows:
``(E) shall provide access to the information described in
section 15(e) of the Wagner-Peyser Act (29 U.S.C. 49l-
2(e)).''.
(c) Certification and Funding of One-Stop Centers.--Section
121 (as amended by subsection (b)) is further amended by
adding at the end the following new subsections:
``(g) Certification of One-Stop Centers.--
``(1) In general.--The State board shall establish
procedures and criteria for periodically certifying one-stop
center for the purpose of awarding the one-stop
infrastructure funding described in subsection (h).
``(2) Criteria.--The criteria for certification under this
subsection shall include minimum standards relating to the
scope and degree of service integration achieved by the
centers involving the programs provided by the one-stop
partners.
``(3) Effect of certification.--One-stop centers certified
under this subsection shall be eligible to receive the
infrastructure grants authorized under subsection (h).
``(h) One-Stop Infrastructure Funding.--
``(1) Partner contributions.--
``(A) Provision of funds.--Notwithstanding any other
provision of law, as determined under subparagraph (B), a
portion of the Federal funds provided to the State and areas
within the State under the Federal laws authorizing the one-
stop partner programs described in subsection (b) for a
fiscal year shall be provided to the Governor by such
programs to carry out this subsection.
``(B) Determination.--The portion of funds to be provided
under subparagraph (A) by each one-stop partner shall be
determined by the Governor, after consultation with the State
board.
``(2) Allocation by governor.--From the funds provided
under paragraph (1), the Governor shall allocate funds to
local areas for the purposes of assisting in paying the costs
of the infrastructure of One-Stop centers certified under
subsection (g).
``(3) Allocation formula.--The State board shall develop a
formula to be used by the Governor to allocate the funds
described in paragraph (1). The formula shall include such
factors as the State board determines are appropriate, which
may include factors such as the number of centers in the
local area that have been certified, the population served by
such centers, and the performance of such centers.
``(4) Costs of infrastructure.--For purposes of this
subsection, the term `costs of infrastructure' means the
nonpersonnel costs that are necessary for the general
operation of a one-stop center, including the rental costs of
the facilities, the costs of utilities and maintenance,
equipment (including adaptive technology for individuals with
disabilities), strategic planning activities for the center,
and common outreach activities.
``(i) Other Funds.--
``(1) In general.--In addition to the funds provided to
carry out subsection (h), a portion of funds made available
under Federal law authorizing the one-stop partner programs
described in subsection (b) shall be used to pay the costs
relating to the operation of the one-stop delivery system
that are not paid for from the funds provided under
subsection (h), to the extent not inconsistent with the
Federal law involved including--
``(A) infrastructure costs that are in excess of the funds
provided under subsection (h);
``(B) common costs that are in addition to the costs of
infrastructure; and
``(C) the costs of the provision of core services
applicable to each program.
``(2) Determination and guidance.--The method for
determining the appropriate portion of funds to be provided
by each program under paragraph (1) shall be determined as
part of the memorandum of understanding under subsection (c).
The State board shall provide guidance to facilitate the
determination of appropriate funding allocation in local
areas.''.
SEC. 109. 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.
``(a) In General.--The Governor shall establish criteria
and procedures regarding the eligibility of providers of
training services described in section 134(c)(4) to receive
funds provided under section 133(b) for the provision of such
training services.
``(b) Criteria.--
``(1) In general.--The criteria established pursuant to
subsection (a) shall take into account the performance of
providers of training services with respect to the indicators
described in section 136 or other appropriate indicators
(taking into consideration the characteristics of the
population served and relevant economic conditions), and such
other factors as the Governor determines are appropriate to
ensure the quality of services, the accountability of
providers, and the informed choice of participants under
chapter 5. Such criteria shall require that the provider
submit appropriate, accurate and timely information to the
State for purposes of carrying out subsection (d). The
criteria shall also provide for periodic review and renewal
of eligibility under this section for providers of training
services. The Governor may authorize local areas in the State
to establish additional criteria or to modify the criteria
established by the Governor under this section for purposes
of determining the eligibility of providers of training
services to provide such services in the local area.
``(2) Limitation.--In carrying out the requirements of this
subsection, no personally identifiable information regarding
a student, including Social Security number, student
identification number, or other identifier, may be disclosed
without the prior written consent of the parent or eligible
student in compliance with section 444 of the General
Education Provisions Act (20 U.S.C. 1232g).
``(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 under section 133(b), and identify the respective roles
of the State and local areas in receiving and reviewing
applications and in making determinations of 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
under chapter 5 in choosing providers of training services,
the Governor shall ensure that an appropriate list or lists
of providers determined eligible under this section in the
State, accompanied by such information as the Governor
determines is appropriate, is provided to the local boards in
the State to be made available to such participants and to
members of the public through the one-stop delivery system in
the State.
``(e) Agreements With Other States.--States may enter into
agreements, on a reciprocal basis, to permit eligible
providers of training services to accept individual training
accounts provided in another State.
``(f) Recommendations.--In developing the criteria,
procedures, and information required under this section, the
Governor shall solicit and take into consideration the
recommendations of local boards and providers of training
services within the State.
``(g) Opportunity to Submit Comments.--During the
development of the criteria, procedures, and information
required under this section, the Governor shall provide an
opportunity for interested members of the public, including
representatives of business and labor organizations, to
submit comments regarding such criteria, procedures, and
information.''.
SEC. 110. ELIGIBLE PROVIDERS OF YOUTH ACTIVITIES.
Section 123 (29 U.S.C. 2843) and the item relating to such
section in the table of contents are repealed.
SEC. 111. YOUTH ACTIVITIES.
(a) State Allotments.--
[[Page H3792]]
(1) In general.--Section 127(a) (29 U.S.C. 2852(a)) is
amended to read as follows:
``(a) Allotment Among States.--
``(1) Youth activities.--
``(A) Youth challenge grants.--
``(i) Reservation of funds.--Of the amount appropriated
under section 137(a) for each fiscal year, the Secretary
shall reserve 25 percent to provide youth challenge grants
under section 169.
``(ii) Limitation.--Notwithstanding clause (i), if the
amount appropriated under section 137(a) for a fiscal year
exceeds $1,000,000,000, the Secretary shall reserve
$250,000,000 to provide youth challenge grants under section
169.
``(B) Outlying areas and native americans.--After
determining the amount to be reserved under subparagraph (A),
of the remainder of the amount appropriated under section
137(a) for each fiscal year the Secretary shall--
``(i) reserve not more than \1/4\ of one percent of such
amount to provide assistance to the outlying areas to carry
out youth activities and statewide workforce investment
activities; and
``(ii) reserve not more than 1 and \1/2\ percent of such
amount to provide youth activities under section 166
(relating to Native Americans).
``(C) States.--
``(i) In general.--After determining the amounts to be
reserved under subparagraphs (A) and (B), the Secretary shall
allot the remainder of the amount appropriated under section
137(a) for each fiscal year to the States pursuant to clause
(ii) for youth activities and statewide workforce investment
activities.
``(ii) Formula.--Subject to clauses (iii) and (iv), of the
remainder--
``(I) 33 and \1/3\ percent shall be allotted on the basis
of the relative number of high school dropouts who are ages
16 through 21 in the State, compared to the total number of
high school dropouts who are ages 16 through 21 in all
States;
``(II) 33 and \1/3\ percent shall be allotted on the basis
of the relative number of jobless out-of-school youth who are
ages 16 through 21 in the State, compared to the total number
of jobless out-of-school youth who are ages 16 through 21 in
all States; and
``(III) 33 and \1/3\ percent shall be allotted on the basis
of the relative number of disadvantaged youth who are ages 16
through 21 in the State, compared to the total number of
disadvantaged youth who are ages 16 through 21 in all States.
``(iii) Minimum and maximum percentages.--The Secretary
shall ensure that no State shall receive an allotment for a
fiscal year that is less than 90 percent or greater than 130
percent of the allotment percentage of that 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 paragraph that is less than \3/10\ of
1 percent of the amount available under subparagraph (A).
``(2) Definitions.--For the purposes of paragraph (1), the
following definitions apply:
``(A) Allotment percentage.--The term `allotment
percentage', used with respect to fiscal year 2004 or a
subsequent fiscal year, means a percentage of the remainder
described in paragraph (1)(C)(i) that is received through an
allotment made under this subsection for the fiscal year. The
term, with respect to fiscal year 2003, 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 Reinvestment and Adult Education Act of 2003) that
is received by the State involved for fiscal year 2003.
``(B) Disadvantaged youth.--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 poverty line.
``(C) Number of high school dropouts.--The term `number of
high school dropouts' means the number of high school
dropouts as is determined by the Secretary based on the
Current Population Survey.
``(D) Number of jobless out-of-school youth.--The term
`number of jobless out-of-school youth' means the number of
jobless out-of-school youth as is determined by the Secretary
based on the Current Population Survey.
``(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.
``(4) Minimum allotment.--Notwithstanding any other
provision of this section, no State shall receive an
allotment under this section that is less than the amount
received by such State for fiscal year 2003.''.
(2) Reallotment.--Section 127 (29 U.S.C. 2552) is further
amended--
(A) by striking subsection (b);
(B) by redesignating subsection (c) as subsection (b);
(C) in subsection (b) (as so redesignated)
(i) by amending paragraph (2) to read as follows:
``(2) Amount.--The amount available for reallotment for a
program year is equal to the amount by which the unexpended
balance, excluding accrued expenditures, at the end of such
program year of the total amount of funds available to the
State under this section during such program year (including
amounts allotted to the State in prior program years that
remain available during the program year for which the
determination is made) exceeds 30 percent of such total
amount.'';
(ii) in paragraph (3)--
(I) by striking ``for the prior program year'' and
inserting ``for the program year in which the determination
is made''; and
(II) by striking ``such prior program year'' and inserting
``such program year'';
(iii) by amending paragraph (4) to read as follows:
``(4) Eligibility.--For purposes of this subsection, an
eligible State means a State which does not have an amount
available for reallotment under paragraph (2) for the program
year for which the determination under paragraph (2) is
made.''.
(b) Within State Allocations.--
(1) Reservation for statewide activities.--Section 128(a)
is amended to read as follows:
``(a) Reservation for Statewide Activities.--
``(1) In general.--The Governor of a State shall reserve
not more than 10 percent of the amount allotted to the State
under section 127(a)(1)(C) for a fiscal year for statewide
activities.
``(2) Use of funds.--Regardless of whether the amounts are
allotted under section 127(a)(1)(C) and reserved under
paragraph (1) or allotted under section 132 and reserved
under section 133(a), the Governor may use the reserved
amounts to carry out statewide youth activities under section
129(b) or statewide employment and training activities under
section 133.''.
(2) Within state allocation.--Section 128(b) is amended to
read as follows:
``(b) Within State Allocation.--
``(1) In general.--Of the amounts allotted to the State
under section 127(a)(1)(C) and not reserved under subsection
(a)(1)--
``(A) 80 percent of such amounts shall be allocated by the
Governor to local areas in accordance with paragraph (2); and
``(B) 20 percent of such amounts shall be allocated by the
Governor to local areas in accordance with paragraph (3).
``(2) Established formula.--
``(A) In general.--Of the amounts described in paragraph
(1)(A), the Governor shall allocate--
``(i) 33 and \1/3\ percent on the basis of the relative
number of high school dropouts who are ages 16 through 21 in
each local area, compared to the total number of high school
dropouts who are ages 16 through 21 in all local areas in the
State;
``(ii) 33 and \1/3\ percent on the basis of the relative
number of jobless out-of-school youth who are ages 16 through
21 in each local area, compared to the total number of
jobless out-of-school youth who are ages 16 through 21 in all
local areas in the State; and
``(iii) 33 and \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.--The Governor shall
ensure that no local area shall receive an allocation for a
fiscal year under this paragraph that is less than 90 percent
or greater than 130 percent of the allocation percentage of
the local area for the preceding fiscal year.
``(C) Definitions.--
``(i) Allocation percentage.--For purposes of this
paragraph, the term `allocation percentage', used with
respect to fiscal year 2004 or a subsequent fiscal year,
means a percentage of amount described in paragraph(1)(A)
that is received through an allocation made under this
paragraph for the fiscal year. The term, with respect to
fiscal year 2003, 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 2003) that is received by the
local area involved for fiscal year 2003.
``(ii) Other terms.--For purposes of this paragraph, all
other terms shall have the meaning given such terms in
section 127(a)(2).
``(3) Youth discretionary allocation.--The Governor shall
allocate to local areas the amounts described in paragraph
(1)(B) in accordance with such demographic and economic
factors as the Governor, after consultation with the State
board and local boards, determines are appropriate.
``(4) Local administrative cost limit.--
``(A) In general.--Of the amounts 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 boards 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).''.
(3) Reallocation.--Section 128(c) (29 U.S.C. 2853(c)) is
amended--
(A) in paragraph (1), by striking ``paragraph (2)(A) or (3)
of'';
(B) by amending paragraph (2) to read as follows:
``(2) Amount.--The amount available for reallocation for a
program year is equal to the amount by which the unexpended
balance, excluding accrued expenditures, at the end of such
program year of the total amount of funds available to the
local area under this section during such program year
(including amounts allotted to the local area in prior
program years that remain available during the program year
for which the determination is made) exceeds 30 percent of
such total amount.'';
(C) by amending paragraph (3)--
(i) by striking ``subsection (b)(3)'' each place it appears
and inserting ``subsection (b)'';
(ii) by striking ``the prior program year'' and inserting
``the program year in which the determination is made'';
(iii) by striking ``such prior program year'' and inserting
``such program year''; and
[[Page H3793]]
(iv) by striking the last sentence; and
(D) by amending paragraph (4) to read as follows:
``(4) Eligibility.--For purposes of this subsection, an
eligible local area means a local area which does not have an
amount available for reallocation under paragraph (2) for the
program year for which the determination under paragraph (2)
is made.''.
(c) Youth Participant Eligibility.--Section 129(a) (29
U.S.C. 2854(a)) is amended to read as follows:
``(a) Youth Participant Eligibility.--
``(1) In general.--The individuals participating in
activities carried out under this chapter by a local area
during any program year shall be individuals who, at the time
the eligibility determination is made, are--
``(A) not younger than age 16 or older than age 21; and
``(B) one or more of the following:
``(i) school dropouts;
``(ii) recipients of a secondary school diploma or the
General Equivalency Diploma (GED) (including recognized
alternative standards for individuals with disabilities);
``(iii) court-involved youth attending an alternative
school;
``(iv) youth in foster care or who have been in foster
care; or
``(v) in school youth who are low-income individuals and
one or more of the following:
``(I) Deficient in literacy skills.
``(II) Homeless, runaway, or foster children.
``(III) Pregnant or parents.
``(IV) Offenders.
``(V) Individuals who require additional assistance to
complete an educational program, or to secure and hold
employment.
``(2) Priority for school dropouts.--A priority in the
provision of services under this chapter shall be given to
individuals who are school dropouts.
``(3) Limitations on activities for in-school youth.--
``(A) Percentage of funds.--For any program year, not more
than 30 percent of the funds available for statewide
activities under subsection (b), and not more than 30 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)(v).
``(B) Non-school hours required.--Activities carried out
under this chapter for in-school youth meeting the
requirements of paragraph (1)(B)(v) shall only be carried out
in non-school hours or periods when school is not in session
(such as before and after school or during summer recess.''.
(d) Statewide Youth 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) may be used for
statewide activities including--
``(A) additional assistance to local areas that have high
concentrations of eligible youth;
``(B) supporting the provision of core services described
in section 134(c)(2) in the one-stop delivery system;
``(C) 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, research, and demonstration projects;
``(D) 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 Act, and for exemplary performance by local areas
on the local performance measures;
``(E) 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;
``(F) operating a fiscal and management accountability
system under section 136(f); and
``(G) carrying out monitoring and oversight of activities
under this chapter and chapter 5.
``(2) Limitation.--Not more than 5 percent of the funds
allotted under section 127(b) shall be used by the State for
administrative activities carried out under this subsection
and section 133(a).
``(3) Prohibition.--No funds described in this subsection
or in section 134(a) may be used to develop or implement
education curricula for school systems in the State.''.
(e) Local Elements and Requirements.----
(1) Program design.--Section 129(c)(1) (29 U.S.C. 2854(c)
(1)) is amended--
(A) in the matter preceding subparagraph (A), by striking
``paragraph (2)(A) or (3), as appropriate, of'';
(B) in subparagraph (B), by inserting ``are directly linked
to one or more of the performance outcomes 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 so redesignated)
the following:
``(i) activities leading to the attainment of a secondary
school diploma or the General Equivalency Diploma (GED)
(including recognized alternative standards for individuals
with disabilities);'';
(iii) in clause (ii) (as redesignated by this
subparagraph), by inserting ``and advanced training'' after
``opportunities'';
(iv) in clause (iii) (as redesignated by this
subparagraph), by inserting ``that lead to the attainment of
recognized credentials'' after ``learning''; and
(v) by amending clause (v) (as redesignated by this
subparagraph) to read as follows:
``(v) effective connections to employers in sectors of the
local labor market 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
``secondary school diploma or the General Equivalency Diploma
(GED) (including recognized alternative standards for
individuals with disabilities), including dropout prevention
strategies'';
(B) in subparagraph (I), by striking ``and'' at the end;
(C) in subparagraph (J), by striking the period at the end
and inserting a semicolon; and
(D) by adding at the end the following:
``(K) on-the-job training opportunities; and
``(L) financial literacy skills.''.
(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 further amended--
(A) by striking paragraphs (4) and (5);
(B) by redesignating paragraph (6) as paragraph (4);
(C) by redesignating paragraph (7) as paragraph (5), and in
such redesignated paragraph (5) by striking ``youth
councils'' and inserting ``local boards''; and
(D) by redesignating paragraph (8) as paragraph (6).
SEC. 112. COMPREHENSIVE PROGRAM FOR ADULTS.
(a) Title of Chapter 5.--
(1) The title heading of chapter 5 is amended to read as
follows:
``CHAPTER 5--COMPREHENSIVE EMPLOYMENT AND TRAINING ACTIVITIES FOR
ADULTS''.
(2) Conforming amendment.--Table of contents in section
1(b) is amended by amending the item related to the heading
for chapter 5 to read as follows:
``Chapter 5--Comprehensive Employment and Training Activities for
Adults''.
(b) General Authorization.--Section 131 (29 U.S.C. 2861) is
amended--
(1) by striking ``paragraphs (1)(B) and (2)(B)
of''; and
(2) by striking ``, and dislocated workers,''.
(c) State Allotments.--
(1) In general.--Section 132(a) (29 U.S.C. 2862(a)) is
amended to read as follows:
``(a) In General.--The Secretary shall--
``(1) reserve 10 percent of the amount appropriated under
section 137(b) for a fiscal year, of which--
``(A) not less than 75 percent shall be used for national
dislocated worker grants under section 173;
``(B) not more than 20 percent may be used for
demonstration projects under section 171; and
``(C) not more than 5 percent may be used to provide
technical assistance under section 170; and
``(2) make allotments from 90 percent of the amount
appropriated under section 137(b) for a fiscal year in
accordance with subsection (b).''.
(2) Allotment among states.--Section 132(b) (29 U.S.C.
2862(b)) is amended to read as follows:
``(b) Allotment Among States for Adult Employment and
Training Activities.--
``(1) Reservation for outlying areas.--From the amount made
available under subsection (a)(2) for a fiscal year, the
Secretary shall reserve not more than \1/4\ of 1 percent to
provide assistance to outlying areas to carry out employment
and training activities for adults and statewide workforce
investment activities.
``(2) States.--
``(A) In general.--After determining the amount to be
reserved under paragraph (1), the Secretary shall allot the
remainder of the amount referred to under subsection (a)(2)
for a fiscal year to the States pursuant to subparagraph (B)
for employment and training activities for adults and
statewide workforce investment activities.
``(B) Formula.--Subject to subparagraphs (C) and (D), of
the remainder--
``(i) 60 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;
``(ii) 15 percent shall be allotted on the basis of the
relative excess number of unemployed individuals in each
State, compared to the total excess number of unemployed
individuals in all States;
``(iii) 15 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 individuals in
the civilian labor force in all States; and
``(iv) 10 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.
``(C) Minimum and maximum percentages.--The Secretary shall
ensure that no State shall receive an allotment for a fiscal
year that is less than 90 percent or greater than 130 percent
of the allotment percentage of the State for the preceding
fiscal year.
``(D) Minimum allotment.--Notwithstanding any other
provision of this section, no State shall receive an
allotment under this section that is less than the amount
received by such State for fiscal year 2003.
``(E) Small state minimum allotment.--Subject to
subparagraph (C), the Secretary shall
[[Page H3794]]
ensure that no State shall receive an allotment under this
paragraph that is less than \3/10\ of 1 percent of the amount
available under subparagraph (A).
``(F) Definitions.--For the purposes of this paragraph, the
following definitions apply:
``(i) Allotment percentage.--The term `allotment
percentage', used with respect to fiscal year 2004 or a
subsequent fiscal year, means a percentage of the remainder
described in subparagraph (A) that is received through an
allotment made under this paragraph for the fiscal year. The
term, with respect to fiscal year 2003, 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 Reinvestment and Adult Education Act of 2003) and
under section 6 of the Wagner-Peyser Act that is received by
the State involved for fiscal year 2003.
``(ii) Disadvantaged adult.--The term `disadvantaged adult'
means an individual who is age 22 through 72 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 poverty line.
``(iii) Excess number.--The term `excess number' means,
used with respect to the excess number of unemployed
individuals within a State, the number that represents the
number of unemployed individuals in excess of 4.5 percent of
the civilian labor force in the State.''.
(3) Reallotment.--Section 132(c) (29 U.S.C. 2862(c)) is
amended--
(A) by amending paragraph (2) to read as follows:
``(2) Amount.--The amount available for reallotment for a
program year is equal to the amount by which the unexpended
balance, excluding accrued expenditures, at the end of such
program year of the total amount of funds available to the
State under this section during such program year (including
amounts allotted to the State in prior program years that
remain available during the program year for which the
determination is made) exceeds 30 percent of such total
amount.'';
(B) in paragraph (3)--
(i) by striking ``for the prior program year'' and
inserting ``for the program year in which the determination
is made''; and
(ii) by striking ``such prior program year'' and inserting
``such program year''; and
(C) by amending paragraph (4) to read as follows:
``(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.''.
(d) Within State Allocations.--
(1) Reservation for state activities.--Section 133(a) (29
U.S.C. 2863(a)) is amended to read as follows:
``(a) Reservation for Statewide Activities.--The Governor
of a State may reserve up to 50 percent of the total amount
allotted to the State under section 132 for a fiscal year to
carry out the statewide activities described in section
134(a).''.
(2) Allocations to local areas.--Section 133(b) (29 U.S.C.
2863(b)) is amended to read as follows:
``(b) Allocations to Local Areas.--
``(1) In general.--Of the amounts allotted to the State
under section 132(b)(2) and not reserved under subsection
(a)--
``(A) 80 percent of such amounts shall be allocated by the
Governor to local areas in accordance with paragraph (2); and
``(B) 20 percent of such amounts shall be allocated by the
Governor to local areas in accordance with paragraph (3).
``(2) Established formula.--
``(A) In general.--Of the amounts described in paragraph
(1)(A), the Governor shall allocate--
``(i) 60 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;
``(ii) 15 percent on the basis of the relative excess
number of unemployed individuals in each local area, compared
to the total excess number of unemployed individuals in all
local areas in the State;
``(iii) 15 percent on the basis of the relative number of
individuals in the civilian labor force in each local area,
compared to the total number of individuals in the civilian
labor force in all local areas in the State; and
``(iv) 10 percent shall be allotted on the basis of the
relative number of disadvantaged adults in each local area,
compared to the total number of disadvantaged adults in all
local areas in the State.
``(B) Minimum and maximum percentages.--The Governor shall
ensure that no local area shall receive an allocation for a
fiscal year under this paragraph that is less than 90 percent
or greater than 130 percent of the allocation percentage of
the local area for the preceding fiscal year.
``(C) Definitions.--
``(i) Allocation percentage.--The term `allocation
percentage', used with respect to fiscal year 2004 or a
subsequent fiscal year, means a percentage of amount
described in paragraph (1)(A) that is received through an
allocation made under this paragraph for the fiscal year. The
term, with respect to fiscal year 2003, 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 Reinvestment and Adult Education Act of 2003) that
is received by the local area involved for fiscal year 2003.
``(ii) Disadvantaged adult.--The term `disadvantaged adult'
means an individual who is age 22 through 72 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 poverty line.
``(iii) Excess number.--The term `excess number' means,
used with respect to the excess number of unemployed
individuals within a local area, the number that represents
the number of unemployed individuals in excess of 4.5 percent
of the civilian labor force in the local area.
``(3) Discretionary allocation.--The Governor shall
allocate to local areas the amounts described in paragraph
(1)(B) based on a formula developed in consultation with the
State board and local boards. Such formula shall be objective
and geographically equitable and may include such demographic
and economic factors as the Governor, after consultation with
the State board and local boards, determines are appropriate.
``(4) Local administrative cost limit.--
``(A) In general.--Of the amounts allocated to a local area
under this subsection and section 128(b) for a fiscal year,
not more than 10 percent of the amount may be used by the
local boards for the administrative costs of carrying out
local workforce investment activities under this chapter or
chapter 4.
``(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 4,
regardless of whether the funds were allocated under this
subsection or section 128(b).''.
(3) Reallocation among local areas.--Section 133(c) (29
U.S.C. 2863(c)) is amended--
(A) in paragraph (1), by striking ``paragraph (2)(A) or (3)
of'';
(B) by amending paragraph (2) to read as follows:
``(2) Amount.--The amount available for reallocation for a
program year is equal to the amount by which the unexpended
balance, excluding accrued expenditures, at the end of such
program year of the total amount of funds available to the
local area under this section during such program year
(including amounts allotted to the local area in prior
program years that remain available during the program year
for which the determination is made) exceeds 30 percent of
such total amount.'';
(C) by amending paragraph (3)--
(i) by striking ``subsection (b)(3)'' each place it appears
and inserting ``subsection (b)'';
(ii) by striking ``the prior program year'' and inserting
``the program year in 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
(D) by amending paragraph (4) to read as follows:
``(4) Eligibility.--For purposes of this subsection, an
eligible local area means a local area which does not have an
amount available for reallocation under paragraph (2) for the
program year for which the determination under paragraph (2)
is made.''.
(e) Use of Funds for Employment and Training Activities.--
(1) Statewide employment and training activities.--
(A) In general.--Section 134(a)(1) (29 U.S.C. 2864(a)(1) is
amended to read as follows:
``(1) In general.--
``(A) Required use of funds.--Not less than 50 percent of
the funds reserved by a Governor under section 133(a) shall
be used to support the provision of core services in local
areas, consistent with the local plan, through one-stop
delivery systems by distributing funds to local areas in
accordance with subparagraph (B). Such funds may be used by
States to employ State personnel to provide such services in
designated local areas in consultation with local boards.
``(B) Method of distributing funds.--The method of
distributing funds under this paragraph shall be developed in
consultation with the State board and local boards. Such
method of distribution, which may include the formula
established under section 121(h)(3), shall be objective and
geographically equitable, and may include factors such as the
number of centers in the local area that have been certified,
the population served by such centers, and the performance of
such centers.
``(C) Other use of funds.--Funds reserved by a Governor for
a State--
``(i) under section 133(a) and not used under subparagraph
(A), may be used for statewide activities described in
paragraph (2); and
``(ii) under section 133(a) and not used under subparagraph
(A), and under section 128(a) may be used to carry out any of
the statewide employment and training activities described in
paragraph (3).''.
(B) Statewide rapid response activities.--Section 134(a)(2)
(29 U.S.C. 2864(a)(2)) is amended to read as follows:
``(2) Statewide rapid response activities.--A State shall
carry out statewide rapid response activities using funds
reserved as described in section 133(a). Such activities
shall include--
``(A) 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 in the local areas; and
``(B) 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 in the local areas.''.
(C) Statewide employment and training activities.--Section
134(a)(3) (29 U.S.C. 2864(a)(3)) is amended to read as
follows:
``(3) Statewide activities.--Funds reserved by a Governor
for a State as described in sections 133(a) and 128(a) may be
used for statewide activities including--
[[Page H3795]]
``(A) supporting the provision of core services described
in section 134(c)(2) in the one-stop delivery system;
``(B) conducting evaluations under section 136(e) of
activities authorized under this chapter and chapter 4 in
coordination with evaluations carried out by the Secretary
under section 172, research, and demonstration projects;
``(C) 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 Act, and for exemplary performance by local areas
on the local performance measures;
``(D) 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;
``(E) operating a fiscal and management accountability
system under section 136(f);
``(F) carrying out monitoring and oversight of activities
carried out under this chapter and chapter 4;
``(G) implementing innovative programs, such as incumbent
worker training programs, programs serving individuals with
disabilities consistent with section 188;
``(H) developing strategies for effectively serving hard-
to-serve populations and for integrating programs and
services among one-stop partners;
``(I) implementing innovative programs for displaced
homemakers, which for purposes of this subparagraph 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.); and
``(J) implementing programs to increase the number of
individuals training for and placed in nontraditional
employment.''.
(D) Limitation on state administrative expenditures.--
Section 134(a) is further amended by adding the following new
paragraph:
``(4) Limitation.--Not more than 5 percent of the funds
allotted under section 132(b) shall be used by the State for
administrative activities carried out under this subsection
and section 128(a).''.
(2) Local employment and training activities.-- Section
134(b) (29 U.S.C. 2864(b)) is amended--
(A) by striking ``under paragraph (2)(A)'' and all that
follows through ``section 133(b)(2)(B)'' and inserting
``under section 133(b)'';
(B) in paragraphs (1) and (2), by striking ``or dislocated
workers, respectively'' both places it appears; and
(C) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
(3) Required local employment and training activities.--
(A) Allocated funds.--Section 134(c)(1) (29 U.S.C.
2864(c)(1)) (as redesignated by paragraph (2)) is amended to
read as follows:
``(1) In general.--Funds allocated to a local area for
adults under section 133(b) shall be used--
``(A) to establish a one-stop delivery system as described
in section 121(e);
``(B) to provide the core services described in paragraph
(2) through the one-stop delivery system in accordance with
such paragraph;
``(C) to provide the intensive services described in
paragraph (3) to adults described in such paragraph; and
``(D) to provide training services described in paragraph
(4) to adults described in such paragraph.''.
(B) Core services.--Section 134(c)(2) (29 U.S.C.
2864(c)(2)) (as redesignated by paragraph (2)) is amended--
(i) by striking ``who are adults or dislocated workers'';
(ii) in subparagraph (A), by striking ``under this
subtitle'' and inserting ``under the one-stop partner
programs described in section 121(b)'';
(iii) by amending subparagraph (D) to read as follows:
``(D) labor exchange services, including--
``(i) job search and placement assistance, and where
appropriate career counseling; and
``(ii) appropriate recruitment services for employers;'';
(iv) in subparagraph (I), by inserting ``and the
administration of the work test for the unemployment
compensation system'' after ``compensation''; and
(v) by amending subparagraph (J) to read as follows:
``(J) assistance in establishing eligibility for programs
of financial aid assistance for training and education
programs that are not funded under this Act and are available
in the local area; and''.
(C) Intensive services.--Section 134(c)(3) (29 U.S.C.
2864(c)(3) (as redesignated by paragraph (2) of this
subsection) is amended--
(i) by amending subparagraph (A) to read as follows:
``(A) In general.--
``(i) Eligibility.--Funds allocated to a local area under
section 133(b) shall be used to provide intensive services
for adults who--
``(I) are unemployed and who have been determined by the
one-stop operator to be--
``(aa) unlikely or unable to obtain suitable employment
through core services; and
``(bb) in need of intensive services in order to obtain
suitable employment; or
``(II) are employed, but who are determined by a one-stop
operator to be in need of intensive services to obtain or
retain suitable employment.
``(ii) Definition.--The Governor shall define the term
`suitable employment' for purposes of this subparagraph.'';
and
(ii) in subparagraph (C)--
(I) in clause (v), by striking ``for participants seeking
training services under paragraph (4)''; and
(II) by adding the following clauses after clause (vi):
``(vii) Internships and work experience.
``(viii) Literacy activities relating to basic work
readiness, and financial literacy activities.
``(ix) Out-of-area job search assistance and relocation
assistance.''.
(D) Training services.--Section 134(c)(4) (as redesignated
by paragraph (2) of this subsection) is amended--
(i) by amending subparagraph (A) to read as follows:
``(A) In general.--
``(i) Eligibility.--Funds allocated to a local area under
section 133(b) shall be used to provide training services to
adults who--
``(I) 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 suitable
employment through intensive services under paragraph (3)(A);
``(bb) be in need of training services to obtain or retain
suitable employment; and
``(cc) have the skills and qualifications to successfully
participate in the selected program of training services;
``(II) select programs of training services that are
directly linked to the employment opportunities in the local
area involved or in another area in which the adults
receiving such services are willing to commute or relocate;
``(III) who meet the requirements of subparagraph (B); and
``(IV) who are determined eligible in accordance with the
priority system in effect under subparagraph (E).
``(ii) The Governor shall define the term `suitable
employment' for purposes of this subparagraph.'';
(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) by amending subparagraph (E) to read as follows:
``(E) Priority.--
``(i) In general.--A priority shall be given to unemployed
individuals for the provision of intensive and training
services under this subsection.
``(ii) Additional priority.--If the funds in the local
area, including the funds allocated under section 133(b), for
serving recipients of public assistance and other low-income
individuals is limited, the priority for the provision of
intensive and training services under this subsection shall
include such recipients and individuals.
``(iii) Determinations.--The Governor and the appropriate
local board shall direct the one-stop operators in the local
area with regard to making determinations with respect to the
priority of service under this subparagraph.'';
(iv) in subparagraph (F), by adding the following clause
after clause (iii):
``(iv) Enhanced individual training accounts.--Each local
board may, through one-stop centers, assist individuals
receiving individual training accounts through the
establishment of such accounts that include, in addition to
the funds provided under this paragraph, funds from other
programs and sources that will assist the individual in
obtaining training services.''; and
(v) in subparagraph (G)(iv), by redesignating subclause
(IV) as subclause (V) and inserting after subclause (III) the
following:
``(IV) Individuals with disabilities.''.
(4) Permissible activities.--Section 134(d) (as
redesignated by paragraph (2)) is amended--
(A) by amending paragraph (1) to read as follows:
``(1) Discretionary one-stop delivery activities.--
``(A) In general.--Funds allocated to a local area under
section 133(b) may be used to provide, through the one-stop
delivery system--
``(i) customized screening and referral of qualified
participants in training services to employers;
``(ii) customized employment-related services to employers
on a fee-for-service basis;
``(iii) customer support to navigate among multiple
services and activities for special participant populations
that face multiple barriers to employment, including
individuals with disabilities; and
``(iv) employment and training assistance provided in
coordination with child support enforcement activities of the
State agency carrying out subtitle D of title IV of the
Social Security Act.
``(B) Work support activities for low-wage workers.--
``(i) In general.-- Funds allocated to a local area under
133(b) may be used to provide, through the one-stop delivery
system and in collaboration with the appropriate programs and
resources of the one-stop partners, work support activities
designed to assist low-wage workers in retaining and
enhancing employment.
``(ii) Activities.--The activities described in clause (i)
may include assistance in accessing financial supports for
which such workers may be eligible and the provision of
activities available through the one-stop delivery system in
a manner that enhances the opportunities of such workers to
participate, such as the provision of employment and training
activities during nontraditional hours and the provision of
on-site child care while such activities are being
provided.''; and
(B) by adding after paragraph (3) the following new
paragraph:
``(4) Incumbent worker training programs.--
``(A) In general.--The local board may use up to 10 percent
of the funds allocated to a local area under section 133(b)
to carry out incumbent
[[Page H3796]]
worker training programs in accordance with this paragraph.
``(B) Training activities.--The training programs for
incumbent workers under this paragraph shall be carried out
by the local area in conjunction with the employers of such
workers for the purpose of assisting such workers in
obtaining the skills necessary to retain employment and avert
layoffs.
``(C) Employer match required.--
``(i) In general.--Employers participating in programs
under this paragraph shall be required to pay a proportion of
the costs of providing the training to the incumbent workers.
The Governor shall establish, or may authorize the local
board to establish, the required portion of such costs, which
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 match.--The wages paid by an employer
to a worker while they are attending training may be included
as part of the requirement payment of the employer.''.
SEC. 113. PERFORMANCE ACCOUNTABILITY SYSTEM.
(a) State Performance Measures.--
(1) In general.--Section 136(b)(1) (29 U.S.C. 2871(b)(1))
is amended--
(A) in subparagraph (A)(i), by striking ``and the customer
satisfaction indicator of performance described in paragraph
(2)(B)''; and
(B) in subparagraph (A)(ii), by striking ``paragraph
(2)(C)'' and inserting ``paragraph (2)(B)''.
(2) Indicators of performance.--Section 136(b)(2) (29
U.S.C. 2871(b)(2)) is amended--
(A) in subparagraph (A)(i), by striking ``(except for self-
service and information activities) and (for participants who
are eligible youth age 19 through 21) for youth activities
authorized under section 129'';
(B) by amending subparagraph (A)(i)(IV) to read as follows:
``(IV) the efficiency of the program in obtaining the
outcomes described in subclauses (I) through (III).'';
(C) by amending subparagraph (A)(ii) to read as follows:
``(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) attainment of secondary school diplomas or the
General Equivalency Diploma (GED) (including recognized
alternative standards for individuals with disabilities);
``(III) attainment of literacy or numeracy skills; and
``(IV) the efficiency of the program in obtaining the
outcomes described in subclauses (I) through (III).'';
(D) by striking subparagraph (B);
(E) by redesignating subparagraph (C) as subparagraph (B),
and by adding at the end of such subparagraph (as so
redesignated) the following new sentence: ``Such indicators
may include customer satisfaction of employers and
participants with services received from the workforce
investment activities authorized under this subtitle.''.
(3) Levels of performance.--Section 136(b)(3)(A) (29 U.S.C.
2871(b)(3)(A)) is amended--
(A) in clause (i), by striking ``and the customer
satisfaction indicator described in paragraph (2)(B)'';
(B) in clause (ii), by striking ``and the customer
satisfaction indicator of performance, for the first 3'' and
inserting ``for the 2'';
(C) in clause (iii)--
(i) in the heading, by striking ``for first 3 years''; and
(ii) by striking ``and the customer satisfaction indicator
of performance, for the first 3'' and inserting ``for the
2'';
(D) in clause (iv)--
(i) by striking subclause (I);
(ii) by redesignating subclauses (II) and (III) as
subclauses (I) and (II), respectively; and
(iii) in subclause (I) (as so redesignated)--
(I) by striking ``taking into account'' and inserting
``which shall be adjusted based on'';
(II) by inserting ``such as unemployment rates and job
losses or gains in particular industries'' after ``economic
conditions''; and
(III) by inserting ``such as indicators of poor work
history, lack of work experience, low levels of literacy or
English proficiency, disability status, and welfare
dependency'' after ``program'';
(E) by striking clause (v); and
(F) by redesignating clause (vi) as clause (v).
(4) Additional indicators.--Section 136(b)(3)(B) is amended
by striking ``paragraph (2)(C)'' and inserting ``paragraph
(2)(B)''.
(b) Local Performance Measures.--Section 136(c) (29 U.S.C
2871(c)) is amended--
(1) in paragraph (1)(A)(i), by striking ``, and the
customer satisfaction indicator of performance described in
subsection (b)(2)(B),'';
(2) in paragraph (1)(A)(ii), by striking ``subsection
(b)(2)(C)'' and inserting ``subsection (b)(2)(B)''; and
(3) by amending paragraph (3) to read as follows:
``(3) Determinations.--In determining such local levels of
performance, the local board, the chief elected official, and
the Governor shall ensure such levels are adjusted based on
the specific economic characteristics (such as unemployment
rates and job losses or gains in particular industries),
demographic characteristics, or other characteristics of the
population to be served in the local area, such as poor work
history, lack of work experience, low levels of literacy or
English proficiency, disability status, and welfare
dependency.''.
(c) Report.--Section 136(d) (29 U.S.C. 2871(d)) is
amended--
(1) in paragraph (1), by striking ``and the customer
satisfaction indicator'' in both places that it appears;
(2) in paragraph (2)(E), by striking ``(excluding
participants who received only self-service and informational
activities)''; 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
the information contained in the report is valid and
reliable.''.
(d) Sanctions for State.--Section 136(g) (29 U.S.C.
2871(g)) is amended--
(1) in paragraph (1)(A), by striking ``or (B)''; and
(2) in paragraph (2), by striking ``section 503'' and
inserting ``section 136(i)''.
(e) Sanctions for Local Areas.--Section 136(h) (29 U.S.C.
2871(h)) is amended--
(1) in paragraph (1), by striking ``or (B)''; and
(2) by amending paragraph (2)(B) to read as follows:
``(B) Appeal to governor.--A local area that is subject to
a reorganization plan under subparagraph (A) may, not later
than 30 days after receiving notice of the reorganization
plan, appeal to the Governor to rescind or revise such plan.
In such case, the Governor shall make a final decision not
later than 30 days after the receipt of the appeal.''.
(f) Incentive Grants.--Section 136(i) (29 U.S.C. 2871(i))
is amended to read as follows:
``(i) Incentive Grants for States and Local Areas.--
``(1) Incentive grants for states.--
``(A) In general.--From funds appropriated under section
174, the Secretary may award grants to States for exemplary
performance in carrying programs under this chapters 4 and 5
of this title. Such awards may be based on States meeting or
exceeding the performance measures established under this
section, on the performance of the State in serving special
populations, including the levels of service provided and the
performance outcomes, and such other factors relating to the
performance of the State under this title as the Secretary
determines is appropriate.
``(B) Use of funds.--The funds awarded to a State under
this paragraph may be used to carry out any activities
authorized under chapters 4 and 5 of this title, including
demonstrations and innovative programs for special
populations.
``(2) Incentive grants for local areas.--
``(A) In general.--From funds reserved under sections
128(a) and 133(a), the Governor may award incentive grants to
local areas for exemplary performance with respect to the
measures established under this section and with the
performance of the local area in serving special populations,
including the levels of service and the performance outcomes.
``(B) Use of funds.--The funds awarded to a local area may
be used to carry out activities authorized for local areas
under chapters 4 and 5 of this title, and such demonstration
or other innovative programs to serve special populations as
may be approved by the Governor.''.
(g) Repeal of Definitions.--Sections 502 and 503 (and the
items related to such sections in the table of contents) are
repealed.
SEC. 114. 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
``$1,001,000,000 for fiscal year 2004 and such sums as may be
necessary for each of fiscal years 2005 through 2009''.
(b) Adult Employment and Training Activities.--Section
137(b) (29 U.S.C. 2872(b)) is amended by striking ``section
132(a)(1), such sums as may be necessary for each of fiscal
years 1999 through 2003'' and inserting ``132(a),
$3,079,800,000 for fiscal year 2004 and such sums as may be
necessary for each of fiscal years 2005 through 2009''.
(c) Dislocated Worker Employment and Training Activities.--
Section 137 is further amended by striking subsection (c).
SEC. 115. JOB CORPS.
(a) Community Participation.--Section 153 (29 U.S.C. 2893)
is amended--
(1) by amending subsection (a) to read as follows:
``(a) Business and Community Participation.--The director
of each Job Corps center shall ensure the establishment and
development of the business and community relationships and
networks described in subsection (b) in order to enhance the
effectiveness of such center.'';
(2) in subsection (b)--
(A) in the heading, by striking ``Responsibilities'' and
inserting ``Networks''; and
(B) by striking ``The responsibilities of the Liaison'' and
inserting ``The activities carried out by each Job Corps
center under this section''; and
(3) in subsection (c), by striking ``The Liaison for'' and
inserting ``The director of''.
(b) 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 after paragraph (2) the following:
``(3) Employers outside of local areas.--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.''.
(c) Indicators of Performance and Additional Information.--
Section 159(c) (29 U.S.C. 2893(c)) is amended--
[[Page H3797]]
(1) by amending paragraph (1) to read as follows:
``(1) Core 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 for youth identified in section
136(b)(2)(A)(ii).''; and
(2) in paragraph (2), by striking ``measures'' each place
it appears and inserting ``indicators''.
SEC. 116. NATIVE AMERICAN PROGRAMS.
(a) Authorized Activities.--Section 166(d)(2) (29 U.S.C.
2911(d)(2)) is amended to read as follows:
``(2) Workforce investment activities and supplemental
services.--Funds made available under subsection (c) shall be
used for--
``(A) comprehensive workforce investment activities for
Indians or Native Hawaiians; or
``(B) supplemental services for Indian or Native Hawaiian
youth on or near Indian reservations and in Oklahoma, Alaska,
or Hawaii.''.
(b) 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.''.
(c) Assistance to American Samoans in Hawaii.--Section 166
(29 U.S.C. 2911) is further amended by striking subsection
(j).
SEC. 117. 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(a)(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 discretionary 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 section to assist eligible youth in
acquiring the skills, credentials and employment experience
necessary to succeed in the labor market.
``(2) Eligible entities.--Grants under this subsection may
be awarded to States, local boards, recipients of grants
under section 166 (relating to Native American programs), and
public or private entities (including consortia of such
entities) applying in conjunction with local boards.
``(3) Grant period.--The Secretary may make a grant under
this section for a period of 1 year and may renew the grants
for each of the 4 succeeding years.
``(4) Authority to require match.--The Secretary may
require that grantees under this subsection provide a non-
Federal share of the cost of activities carried out under a
grant awarded under this subsection.
``(5) Participant eligibility.--Youth ages 14 through 19 as
of the time the eligibility determination is made may be
eligible to participate in activities provided under this
subsection.
``(6) Use of funds.--Funds under this subsection may be
used for activities that are designed to assist 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. The activities may
include activities such as--
``(A) training and internships for out-of-school youth in
sectors of economy experiencing or projected to experience
high growth;
``(B) after-school dropout prevention activities for in-
school youth;
``(C) activities designed to assist special youth
populations, such as court-involved youth and youth with
disabilities; and
``(D) activities combining remediation of academic skills,
work readiness training, and work experience, and including
linkages to postsecondary education, apprenticeships, and
career-ladder employment.
``(7) 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;
``(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 private and public, and local
and State resources that will be leveraged to provide the
activities described under subparagraph (A) in addition the
funds provided under this subsection; and
``(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).
``(8) Factors for award.--In awarding grants under this
subsection the Secretary may consider the quality of the
proposed project, the goals to be achieved, the likelihood of
successful implementation, the extent to which the project is
based on proven strategies or the extent to which the project
will expand the knowledge base on activities for youth, and
the additional State, local or private resources that will be
provided.
``(9) Evaluation.--The Secretary may reserve up to 5
percent of the funds described in subsection(a)(1) to provide
technical assistance to, and conduct evaluations of the
projects funded under this subsection (using appropriate
techniques as described in section 172(c)).
``(c) Discretionary Grants for Youth Activities.--
``(1) In general.--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, and entering and retaining, employment.
``(2) Eligible entities.--Grants under this subsection may
be awarded to public or private entities that the Secretary
determines would effectively carry out activities relating to
youth under this subsection.
``(3) Participant eligibility.--Youth ages 14 through 19 at
the time the eligibility determination is made may be
eligible to participate in activities under this subsection.
``(4) Use of funds.--Funds provided under this subsection
may be used for activities that will assist youth in
preparing for, and entering and retaining, employment,
including the activities described in section 129 for out-of-
school youth, activities designed to assist in-school youth
to stay in school and gain work experience, and such other
activities that the Secretary determines are appropriate.
``(5) 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.
``(6) Additional requirements.--The Secretary may require
the provision of a non-Federal share for projects funded
under this subsection and may require participation of
grantees in evaluations of such projects, including
evaluations using the techniques as described in section
172(c).''.
SEC. 118. TECHNICAL ASSISTANCE.
Section 170 (29 U.S.C. 2915) is amended--
(1) by striking subsection (b);
(2) by striking ``(a) General Technical Assistance.--'';
(3) by redesignating paragraphs (1), (2), and (3) as
subsections (a), (b), and (c) respectively, and moving such
subsections 2 ems to the left; and
(4) in subsection (a) (as redesignated by paragraph (3))--
(A) by inserting ``the training of staff providing rapid
response services, the training of other staff of recipients
of funds under this title, peer review activities under this
title,'' after ``localities,''; and
(B) by striking ``from carrying out activities'' and all
that follows up to the period and inserting ``to implement
the amendments made by the Workforce Reinvestment and Adult
Education Act of 2003''.
SEC. 119. DEMONSTRATION, PILOT, MULTISERVICE, RESEARCH AND
MULTISTATE PROJECTS.
(a) Demonstration and Pilot Projects.--Section 171(b) (29
U.S.C. 2916(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``Under a'' and inserting ``Consistent with
the priorities specified in the'';
(B) by amending subparagraphs (A) through (D) to read as
follows:
``(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 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 effectiveness and efficiency 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;
``(D) projects carried out by States and local areas to
test innovative approaches to delivering employment-related
services;'';
(C) by striking subparagraph (E);
(D) by redesignating subparagraphs (F) and (G) as
subparagraphs (E) and (F), respectively;
(E) by inserting after subparagraph (F) (as so
redesignated) the following:
``(G) projects that provide retention grants to qualified
job training programs upon placement or retention of a low-
income individual trained by that program in employment with
a single employer for a period of 1 year, provided that such
employment is providing to the low-income individual an
income not less than twice the poverty line for that
individual.''; and
(F) by striking subparagraph (H); and
(2) in paragraph (2)--
(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) Net impact studies and reports.--The Secretary shall
conduct studies to determine the net impacts of programs,
services, and activities carried out under this title. The
Secretary shall prepare and disseminate to the public reports
containing the results of such studies.''.
(c) Waiver Authority to Carry Out Demonstrations and
Evaluations.--Section 171 (29 U.S.C. 2916(d)) is further
amended by striking subsection (d).
SEC. 120. EVALUATIONS.
(a) In General.--Section 173 (29 U.S.C. 2916) is amended--
(1) by amending the designation and heading to read as
follows:
``SEC. 173. NATIONAL DISLOCATED WORKER GRANTS.'';
and
(2) in subsection (a)--
(A) by striking ``national emergency grants'' in the matter
preceding paragraph (1) and inserting ``national dislocated
worker grants''; and
[[Page H3798]]
(B) in paragraph (1), by striking ``subsection (c)'' and
inserting ``subsection (b)''.
(b) Administration.--Section 173 (29 U.S.C. 2918) is
further amended--
(1) by striking subsection (b) and redesignating
subsections (c) and (d) as subsections (b) and (c),
respectively; and
(2) by striking subsection (e) and redesignating
subsections (f) and (g) as subsection (d) and (e),
respectively.
(c) Eligible Entities.--Section 173(b)(1)(B) (29 U.S.C.
2918(b)(1)(B)) (as redesignated by subsection (b) of this
section) is amended by striking ``, and other entities'' and
all that follows and inserting a period.
(d) Conforming Amendment.--The table of contents in section
1(b) is amended by amending the item related to section 173
to read as follows:
``Sec. 173. National dislocated worker grants.''.
SEC. 121. 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
``2004 through 2009''.
(b) Reservations.--Section 174(b) is amended to read as
follows:
``(b) Technical Assistance; Demonstration and Pilot
Projects; Evaluations; Incentive Grants.--There are
authorized to be appropriated to carry out sections 170
through 172 and section 136 such sums as may be necessary for
each of fiscal years 2004 through 2009.''.
SEC. 122. REQUIREMENTS AND RESTRICTIONS.
(a) In General.--Section 181(c)(2)(A) (29 U.S.C.
2931(c)(2)(A)) is amended in the matter preceding clause (i)
by striking ``shall'' and inserting ``may''.
(b) Limitations.--Section 181(e) is amended by striking the
first sentence.
SEC. 123. NONDISCRIMINATION.
Section 188(a)(2) (29 U.S.C. 2931(a)(2)) is amended--
(1) by striking ``employment.--No'' and inserting
``employment.--
``(A) In general.--Except as provided in subparagraph (B),
no''; and
(2) by adding at the end the following subparagraph:
``(B) Exemption for religious organizations.--Subparagraph
(A) shall not apply to recipients of financial assistance
under this title that is a religious corporation,
association, educational institution, or society, with
respect to the employment of individuals of a particular
religion to perform work connected with the carrying on by
such corporation, association, educational institution, or
society of its activities Such recipients shall comply with
the other requirements contained in subparagraph (A).''.
SEC. 124. ADMINISTRATIVE PROVISIONS.
(a) Program Year.--Section 189(g)(1) (29 U.S.C. 2939(g)(1))
is amended to read as follows:
``(1) In general.--Appropriations for any fiscal year for
programs and activities carried out under this title shall be
available for obligation only on the basis of a program year.
The program year shall begin on July 1 in the fiscal year for
which the appropriation is made.''.
(b) Availability.--Section 189(g)(2) (29 U.S.C. 2939(g)(2))
is amended by striking ``each State'' and inserting ``each
recipient''.
(c) General Waivers.--Section 189(i)(4) (29 U.S.C.
2939(i)(4)) is amended--
(1) in subparagraph (A), in the matter preceding clause
(i), by inserting ``, or in accordance with subparagraph
(D),'' after ``subparagraph (B)''; and
(2) by adding the following subparagraph:
``(D) Expedited process for extending approved waivers to
additional states.--In lieu of the requirements of
subparagraphs (B) and (C), the Secretary may establish an
expedited procedure for the purpose of extending to
additional States the waiver of statutory or regulatory
requirements that have been approved for a State pursuant to
a request under subparagraph (B). Such procedure shall ensure
that the extension of such waivers to additional States are
accompanied by appropriate conditions relating the
implementation of such waivers.''.
SEC. 125. GENERAL PROGRAM REQUIREMENTS.
Section 195 (29 U.S.C. 2945) is amended by adding at the
end the following new paragraph:
``(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 within
the meaning of 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 one-stop centers.''.
TITLE II--ADULT EDUCATION
PART A--ADULT BASIC SKILLS AND FAMILY LITERACY EDUCATION
SEC. 201. TABLE OF CONTENTS.
The table of contents in section 1(b) is amended by
amending the items relating to title II to read as follows:
``TITLE II--ADULT BASIC SKILLS AND FAMILY LITERACY EDUCATION
``Sec. 201. Short title.
``Sec. 202. Purpose.
``Sec. 203. Definitions.
``Sec. 204. Home schools.
``Sec. 205. Authorization of appropriations.
``Chapter 1--Federal Provisions
``Sec. 211. Reservation of funds; grants to eligible agencies;
allotments.
``Sec. 212. Performance accountability system.
``Sec. 213. Incentive grants for states.
``Chapter 2--State Provisions
``Sec. 221. State administration.
``Sec. 222. State distribution of funds; matching requirement.
``Sec. 223. State leadership activities.
``Sec. 224. State plan.
``Sec. 225. Programs for corrections education and other
institutionalized individuals.
``Chapter 3--Local Provisions
``Sec. 231. Grants and contracts for eligible providers.
``Sec. 232. Local application.
``Sec. 233. Local administrative cost limits.
``Chapter 4--General Provisions
``Sec. 241. Administrative provisions.
``Sec. 242. National leadership activities.''.
SEC. 202. AMENDMENT.
Title II is amended to read as follows:
``TITLE II--ADULT BASIC SKILLS AND FAMILY LITERACY EDUCATION
``SEC. 201. SHORT TITLE.
``This title may be cited as the `Adult Basic Skills and
Family Literacy Education Act'.
``SEC. 202. PURPOSE.
``It is the purpose of this title to provide instructional
opportunities for adults seeking to improve their basic
reading, writing, speaking, and math skills, and support
States and local communities in providing, on a voluntary
basis, adult basic skills and family literacy programs, in
order to--
``(1) increase the basic reading, writing, speaking, and
math skills necessary for adults to obtain employment and
self-sufficiency and to successfully advance in the
workforce;
``(2) assist adults in the completion of a secondary school
education (or its equivalent) and the transition to a
postsecondary educational institution;
``(3) increase the basic reading, writing, speaking, and
math skills of parents to enable them to support the
educational development of their children and make informed
choices regarding their children's education; and
``(4) assist immigrants who are not proficient in English
in improving their reading, writing, speaking, and math
skills and acquiring an understanding of the American free
enterprise system, individual freedom, and the
responsibilities of citizenship.
``SEC. 203. DEFINITIONS.
``In this title:
``(1) Adult basic skills and family literacy education
programs.--The term `adult basic skills and family literacy
education programs' means a sequence of academic instruction
and educational services below the postsecondary level that
increase an individual's ability to read, write, and speak in
English and perform mathematical computations leading to a
level of proficiency equivalent to secondary school
completion that is provided for individuals--
``(A) who are at least 16 years of age;
``(B) who are not enrolled or required to be enrolled in
secondary school under State law; and
``(C) who--
``(i) lack sufficient mastery of basic reading, writing,
speaking, and math skills to enable the individuals to
function effectively in society;
``(ii) do not have a secondary school diploma or the
General Equivalency Diploma (GED) (including recognized
alternative standards for individuals with disabilities), and
have not achieved an equivalent level of education; or
``(iii) are unable to read, write, or speak the English
language.
``(2) Eligible agency.--The term `eligible agency'--
``(A) means the sole entity or agency in a State or an
outlying area responsible for administering or supervising
policy for adult basic skills and family literacy education
programs in the State or outlying area, respectively,
consistent with the law of the State or outlying area,
respectively; and
``(B) may be the State educational agency, the State agency
responsible for administering workforce investment
activities, or the State agency responsible for administering
community or technical colleges.
``(3) Eligible provider.--The term `eligible provider'
means--
``(A) a local educational agency;
``(B) a community-based or faith-based organization of
demonstrated effectiveness;
``(C) a volunteer literacy organization of demonstrated
effectiveness;
``(D) an institution of higher education;
``(E) a public or private educational agency;
``(F) a library;
``(G) a public housing authority;
``(H) an institution that is not described in any of
subparagraphs (A) through (G) and has the ability to provide
adult basic skills and family literacy education programs to
adults and families; or
``(I) a consortium of the agencies, organizations,
institutions, libraries, or authorities described in any of
subparagraphs (A) through (H).
``(4) English language acquisition program.--The term
`English language acquisition program' means a program of
instruction designed to help individuals with limited English
proficiency achieve competence in reading, writing, and
speaking the English language.
``(5) Essential components of reading instruction.--The
term `essential components of reading instruction' has the
meaning given to that term in section 1208 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6368).
``(6) Family literacy education programs.--The term `family
literacy education programs' means educational programs
that--
``(A) assist parents and students, on a voluntary basis, in
achieving the purposes of this title as described in section
202; and
``(B) are of sufficient intensity in terms of hours and of
sufficient duration to make sustainable changes in a family,
are based upon scientific research-based principles, and for
the
[[Page H3799]]
purpose of substantially increasing the ability of parents
and children to read, write, and speak English integrate--
``(i) interactive literacy activities between parents and
their children;
``(ii) training for parents regarding how to be the primary
teacher for their children and full partners in the education
of their children;
``(iii) parent literacy training that leads to economic
self-sufficiency; and
``(iv) an age-appropriate education to prepare children for
success in school and life experiences.
``(7) Governor.--The term `Governor' means the chief
executive officer of a State or outlying area.
``(8) Individual with a disability.--
``(A) In general.--The term `individual with a disability'
means an individual with any disability (as defined in
section 3 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12102)).
``(B) Individuals with disabilities.--The term `individuals
with disabilities' means more than one individual with a
disability.
``(9) Individual with limited english proficiency.--The
term `individual with limited English proficiency' means an
adult or out-of-school youth who has limited ability in
reading, writing, speaking, 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.
``(10) Institution of higher education.--The term
`institution of higher education' has the meaning given to
that term in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001).
``(11) Literacy.--The term `literacy' means the ability to
read, write, and speak the English language with competence,
knowledge, and comprehension.
``(12) Local educational agency.--The term `local
educational agency' has the meaning given to that term in
section 9101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
``(13) Outlying area.--The term `outlying area' has the
meaning given to that term in section 101 of this Act.
``(14) Postsecondary educational institution.--The term
`postsecondary educational institution' means--
``(A) an institution of higher education that provides not
less than a 2-year program of instruction that is acceptable
for credit toward a bachelor's degree;
``(B) a tribally controlled community college; or
``(C) a nonprofit educational institution offering
certificate or apprenticeship programs at the postsecondary
level.
``(15) Reading.--The term `reading' has the meaning given
to that term in section 1208 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6368).
``(16) Scientifically based reading research.--The term
`scientifically based reading research' has the meaning given
to that term in section 1208 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6368).
``(17) Secretary.--The term `Secretary' means the Secretary
of Education.
``(18) State.--The term `State' means each of the several
States of the United States, the District of Columbia, and
the Commonwealth of Puerto Rico.
``(19) State educational agency.--The term `State
educational agency' has the meaning given to that term in
section 9101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
``(20) Workplace literacy program.--The term `workplace
literacy program' means an educational program that is
offered in collaboration between eligible providers and
employers or employee organizations for the purpose of
improving the productivity of the workforce through the
improvement of reading, writing, speaking, and math skills.
``SEC. 204. HOME SCHOOLS.
``Nothing in this title shall be construed to affect home
schools, whether or not 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, a family literacy education
program, or an adult basic skills and family literacy
education program.
``SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
title $584,300,000 for fiscal year 2004 and such sums as may
be necessary for fiscal years 2005 through 2009.
``CHAPTER 1--FEDERAL PROVISIONS
``SEC. 211. RESERVATION OF FUNDS; GRANTS TO ELIGIBLE
AGENCIES; ALLOTMENTS.
``(a) Reservation of Funds.--From the sums appropriated
under section 205 for a fiscal year, the Secretary--
``(1) shall reserve 1.75 percent to carry out the National
Institute for Literacy Establishment Act;
``(2) shall reserve up to 1.72 percent for incentive grants
under section 213; and
``(3) shall reserve up to 1.55 percent to carry out section
242.
``(b) Grants to Eligible Agencies.--
``(1) In general.--From the sums appropriated under section
205 and not reserved under subsection (a) for a fiscal year,
the Secretary shall award a grant to each eligible agency
having a State plan approved under section 224 in an amount
equal to the sum of the initial allotment under subsection
(c)(1) and the additional allotment under subsection (c)(2)
for the eligible agency for the fiscal year, subject to
subsections (f) and (g).
``(2) Purpose of grants.--The Secretary may award a grant
under paragraph (1) only if the eligible agency involved
agrees to expend the grant in accordance with the provisions
of this title.
``(c) Allotments.--
``(1) Initial allotments.--From the sums appropriated under
section 205 and not reserved under subsection (a) for a
fiscal year, the Secretary shall allot to each eligible
agency having a State plan approved under section 224--
``(A) $100,000, in the case of an eligible agency serving
an outlying area; and
``(B) $250,000, in the case of any other eligible agency.
``(2) Additional allotments.--From the sums appropriated
under section 205, not reserved under subsection (a), and not
allotted under paragraph (1), for a fiscal year, the
Secretary shall allot to each eligible agency that receives
an initial allotment under paragraph (1) an additional amount
that bears the same relationship to such sums as the number
of qualifying adults in the State or outlying area served by
the eligible agency bears to the number of such adults in all
States and outlying areas.
``(d) Qualifying Adult.--For the purpose of subsection
(c)(2), the term `qualifying adult' means an adult who--
``(1) is at least 16 years of age;
``(2) is beyond the age of compulsory school attendance
under the law of the State or outlying area;
``(3) does not have a secondary school diploma or the
General Equivalency Diploma (GED) (including recognized
alternative standards for individuals with disabilities); and
``(4) is not enrolled in secondary school.
``(e) Special Rule.--
``(1) In general.--From amounts made available under
subsection (c) for the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Republic of Palau,
the Secretary shall award grants to Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Republic of
the Marshall Islands, the Federated States of Micronesia, or
the Republic of Palau to carry out activities described in
this title in accordance with the provisions of this title as
determined by the Secretary.
``(2) Termination of eligibility.--Notwithstanding any
other provision of law, the Republic of the Marshall Islands,
the Federated States of Micronesia, and the Republic of Palau
shall be eligible to receive a grant under this title until
an agreement for the extension of United States education
assistance under the Compact of Free Association for each of
the Freely Associated States becomes effective.
``(3) Administrative costs.--The Secretary may provide not
more than 5 percent of the funds made available for grants
under this subsection to pay the administrative costs of the
Pacific Region Educational Laboratory regarding activities
assisted under this subsection.
``(f) Hold-Harmless Provisions.--
``(1) In general.--Notwithstanding subsection (c), and
subject to paragraphs (2) and (3), for fiscal year 2004 and
each succeeding fiscal year, no eligible agency shall receive
an allotment under this title that is less than 90 percent of
the allotment the eligible agency received for the preceding
fiscal year under this title.
``(2) Exception.--An eligible agency that receives for the
preceding fiscal year only an initial allotment under
subsection 211(c)(1) (and no additional allotment under
211(c)(2)) shall receive an allotment equal to 100 percent of
the initial allotment.
``(3) Ratable reduction.--If for any fiscal year the amount
available for allotment under this title is insufficient to
satisfy the provisions of paragraph (1), the Secretary shall
ratably reduce the payments to all eligible agencies, as
necessary.
``(g) Reallotment.--The portion of any eligible agency's
allotment under this title for a fiscal year that the
Secretary determines will not be required for the period such
allotment is available for carrying out activities under this
title, shall be available for reallotment from time to time,
on such dates during such period as the Secretary shall fix,
to other eligible agencies in proportion to the original
allotments to such agencies under this title for such year.
``SEC. 212. PERFORMANCE ACCOUNTABILITY SYSTEM.
``(a) Purpose.--The purpose of this section is to establish
a comprehensive performance accountability system, composed
of the activities described in this section, to assess the
effectiveness of eligible agencies in achieving continuous
improvement of adult basic skills and family literacy
education programs funded under this title, in order to
optimize the return on investment of Federal funds in adult
basic skills and family literacy education programs.
``(b) Eligible Agency Performance Measures.--
``(1) In general.--For each eligible agency, the eligible
agency performance measures shall consist of--
``(A)(i) the core indicators of performance described in
paragraph (2)(A); and
``(ii) employment performance indicators identified by the
eligible agency under paragraph (2)(B); and
``(B) an eligible agency adjusted level of performance for
each indicator described in subparagraph (A).
``(2) Indicators of performance.--
``(A) Core indicators of performance.--The core indicators
of performance shall include the following:
``(i) Measurable improvements in basic skill levels in
reading, writing, and speaking the English language and math,
and English language acquisition leading to proficiency in
each skill.
``(ii) Receipt of a secondary school diploma or the General
Equivalency Diploma (GED) (including recognized alternative
standards for individuals with disabilities).
[[Page H3800]]
``(iii) Placement in postsecondary education or other
training programs.
``(B) Employment performance indicators.--Consistent with
applicable Federal and State privacy laws, an eligible agency
shall identify in the State plan the following individual
participant employment performance indicators--
``(i) entry into employment;
``(ii) retention in employment; and
``(iii) increase in earnings.
``(3) Levels of performance.--
``(A) Eligible agency adjusted levels of performance for
core indicators.--
``(i) In general.--For each eligible agency submitting a
State plan, there shall be established, in accordance with
this subparagraph, levels of performance for each of the core
indicators of performance described in paragraph (2)(A) for
adult basic skills and family literacy education programs
authorized under this title. The levels of performance
established under this subparagraph shall, at a minimum--
``(I) be expressed in an objective, quantifiable, and
measurable form; and
``(II) show the progress of the eligible agency toward
continuously and significantly improving the agency's
performance outcomes in an objective, quantifiable, and
measurable form.
``(ii) Identification in state plan.--Each eligible agency
shall identify, in the State plan submitted under section
224, expected levels of performance for each of the core
indicators of performance for the first 3 program years
covered by the State plan.
``(iii) Agreement on eligible agency adjusted levels of
performance for first 3 years.--In order to ensure an optimal
return on the investment of Federal funds in adult basic
skills and family literacy education programs authorized
under this title, the Secretary and each eligible agency
shall reach agreement on levels of student proficiency for
each of the core indicators of performance, for the first 3
program years covered by the State plan, taking into account
the levels identified in the State plan under clause (ii) and
the factors described in clause (iv). The levels agreed to
under this clause shall be considered to be the eligible
agency adjusted levels of performance for the eligible agency
for such years and shall be incorporated into the State plan
prior to the approval of such plan.
``(iv) Factors.--The agreement described in clause (iii) or
(v) shall take into account--
``(I) how the levels involved compare with the eligible
agency's adjusted levels of performance, taking into account
factors including the characteristics of participants when
the participants entered the program; and
``(II) the extent to which such levels promote continuous
and significant improvement in performance on the student
proficiency measures used by such eligible agency and ensure
optimal return on the investment of Federal funds.
``(v) Agreement on eligible agency adjusted levels of
performance for second 3 years.--Prior to the fourth program
year covered by the State plan, the Secretary and each
eligible agency shall reach agreement on levels of student
proficiency for each of the core indicators of performance
for the fourth, fifth, and sixth program years covered by the
State plan, taking into account the factors described in
clause (iv). The levels agreed to under this clause shall be
considered to be the eligible agency adjusted levels of
performance for the eligible agency for such years and shall
be incorporated into the State plan.
``(vi) Revisions.--If unanticipated circumstances arise in
a State resulting in a significant change in the factors
described in clause (iv)(I), the eligible agency may request
that the eligible agency adjusted levels of performance
agreed to under clause (iii) or (v) be revised.
``(B) Levels of employment performance.--The eligible
agency shall identify, in the State plan, eligible agency
levels of performance for each of the employment performance
indicators described in paragraph (2)(B). Such levels shall
be considered to be eligible agency adjusted levels of
performance for purposes of this title.
``(c) Report.--
``(1) In general.--Each eligible agency that receives a
grant under section 211(b) shall annually prepare and submit
to the Secretary, the Governor, the State legislature,
eligible providers, and the general public within the State,
a report on the progress of the eligible agency in achieving
eligible agency performance measures, 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) The number and type of each eligible provider that
receives funding under such grant.
``(2) Information dissemination.--The Secretary--
``(A) shall make the information contained in such reports
available to the general public through publication and other
appropriate methods;
``(B) shall disseminate State-by-State comparisons of the
information; and
``(C) shall provide the appropriate committees of the
Congress with copies of such reports.
``SEC. 213. INCENTIVE GRANTS FOR STATES.
``(a) In General.--From funds appropriated under section
211(a)(2), the Secretary may award grants to States for
exemplary performance in carrying out programs under this
title. Such awards shall be based on States meeting or
exceeding the core indicators of performance established
under section 212(b)(2)(A) and may be based on the
performance of the State in serving populations, such as
those described in section 224(b)(10), including the levels
of service provided and the performance outcomes, and such
other factors relating to the performance of the State under
this title as the Secretary determines appropriate.
``(b) Use of Funds.--The funds awarded to a State under
this paragraph may be used to carry out any activities
authorized under this title, including demonstrations and
innovative programs for hard-to-serve populations.
``CHAPTER 2--STATE PROVISIONS
``SEC. 221. STATE ADMINISTRATION.
``Each eligible agency shall be responsible for the
following activities under this title:
``(1) The development, submission, implementation, and
monitoring of the State plan.
``(2) Consultation with other appropriate agencies, groups,
and individuals that are involved in, or interested in, the
development and implementation of activities assisted under
this title.
``(3) Coordination and avoidance of duplication with other
Federal and State education, training, corrections, public
housing, and social service programs.
``SEC. 222. STATE DISTRIBUTION OF FUNDS; MATCHING
REQUIREMENT.
``(a) State Distribution of Funds.--Each eligible agency
receiving a grant under this title for a fiscal year--
``(1) shall use an amount not less than 82.5 percent of the
grant funds to award grants and contracts under section 231
and to carry out section 225, of which not more than 10
percent of such amount shall be available to carry out
section 225;
``(2) shall use not more than 12.5 percent of the grant
funds to carry out State leadership activities under section
223; and
``(3) shall use not more than 5 percent of the grant funds,
or $75,000, whichever is greater, for the administrative
expenses of the eligible agency.
``(b) Matching Requirement.--
``(1) In general.--In order to receive a grant from the
Secretary under section 211(b), each eligible agency shall
provide, for the costs to be incurred by the eligible agency
in carrying out the adult basic skills and family literacy
education programs for which the grant is awarded, a non-
Federal contribution in an amount at least equal to--
``(A) in the case of an eligible agency serving an outlying
area, 12 percent of the total amount of funds expended for
adult basic skills and family literacy education programs in
the outlying area, except that the Secretary may decrease the
amount of funds required under this subparagraph for an
eligible agency; and
``(B) in the case of an eligible agency serving a State, 25
percent of the total amount of funds expended for adult basic
skills and family literacy education programs in the State.
``(2) Non-federal contribution.--An eligible agency's non-
Federal contribution required under paragraph (1) may be
provided in cash or in kind, fairly evaluated, and shall
include only non-Federal funds that are used for adult basic
skills and family literacy education programs in a manner
that is consistent with the purpose of this title.
``SEC. 223. STATE LEADERSHIP ACTIVITIES.
``(a) In General.--Each eligible agency may use funds made
available under section 222(a)(2) for any of the following
adult basic skills and family literacy education programs:
``(1) The establishment or operation of professional
development programs to improve the quality of instruction
provided pursuant to local activities required under section
231(b), including instruction incorporating the essential
components of reading instruction and instruction provided by
volunteers or by personnel of a State or outlying area.
``(2) The provision of technical assistance to eligible
providers of adult basic skills and family literacy education
programs for development and dissemination of scientific
research-based instructional practices in reading, writing,
speaking, math, and English language acquisition programs.
``(3) The provision of assistance to eligible providers in
developing, implementing, and reporting measurable progress
in achieving the objectives of this title.
``(4) The provision of technology assistance, including
staff training, to eligible providers of adult basic skills
and family literacy education programs, including distance
learning activities, to enable the eligible providers to
improve the quality of such activities.
``(5) The development and implementation of technology
applications or distance learning, including professional
development to support the use of instructional technology.
``(6) Coordination with other public programs, including
welfare-to-work, workforce development, and job training
programs.
``(7) Coordination with existing support services, such as
transportation, child care, and other assistance designed to
increase rates of enrollment in, and successful completion
of, adult basic skills and family literacy education
programs, for adults enrolled in such activities.
``(8) The development and implementation of a system to
assist in the transition from adult basic education to
postsecondary education.
``(9) Activities to promote workplace literacy programs.
``(10) Activities to promote and complement local outreach
initiatives described in section 242(7).
``(11) Other activities of statewide significance,
including assisting eligible agencies in achieving progress
in improving the skill levels of adults who participate in
programs under this title.
``(b) Coordination.--In carrying out this section, eligible
agencies shall coordinate where possible, and avoid
duplicating efforts, in order to maximize the impact of the
activities described in subsection (a).
``(c) State-Imposed Requirements.--Whenever a State or
outlying area implements any
[[Page H3801]]
rule or policy relating to the administration or operation of
a program authorized under this title that has the effect of
imposing a requirement that is not imposed under Federal law
(including any rule or policy based on a State or outlying
area interpretation of a Federal statute, regulation, or
guideline), the State or outlying area shall identify, to
eligible providers, the rule or policy as being imposed by
the State or outlying area.
``SEC. 224. STATE PLAN.
``(a) 6-Year Plans.--
``(1) In general.--Each eligible agency desiring a grant
under this title for any fiscal year shall submit to, or have
on file with, the Secretary a 6-year State plan.
``(2) Comprehensive plan or application.--The eligible
agency may submit the State plan as part of a comprehensive
plan or application for Federal education assistance.
``(b) Plan Contents.--The eligible agency shall include in
the State plan or any revisions to the State plan--
``(1) an objective assessment of the needs of individuals
in the State or outlying area for adult basic skills and
family literacy education programs, including individuals
most in need or hardest to serve;
``(2) a description of the adult basic skills and family
literacy education programs that will be carried out with
funds received under this title;
``(3) a description of how the eligible agency will
evaluate and measure annually the effectiveness and
improvement of the adult basic skills and family literacy
education programs based on the performance measures
described in section 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 title 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
nonperformance);
``(4) a description of the performance measures described
in section 212 and how such performance measures have
significantly improved adult basic skills and family literacy
education programs in the State or outlying area;
``(5) an assurance that the eligible agency will, in
addition to meeting all of the other requirements of this
title, award not less than one grant under this title to an
eligible provider that--
``(A) offers flexible schedules and necessary support
services (such as child care and transportation) to enable
individuals, including individuals with disabilities, or
individuals with other special needs, to participate in adult
basic skills and family literacy education programs; and
``(B) attempts to coordinate with support services that are
not provided under this title prior to using funds for adult
basic skills and family literacy education programs provided
under this title for support services;
``(6) an assurance that the funds received under this title
will not be expended for any purpose other than for
activities under this title;
``(7) a description of how the eligible agency will fund
local activities in accordance with the measurable goals
described in section 231(d);
``(8) an assurance that the eligible agency will expend the
funds under this title only in a manner consistent with
fiscal requirements in section 241;
``(9) a description of the process that will be used for
public participation and comment with respect to the State
plan, which process--
``(A) shall include consultation with the State workforce
investment board, the State board responsible for
administering community or technical colleges, the Governor,
the State educational agency, the State board or agency
responsible for administering block grants for temporary
assistance to needy families under title IV of the Social
Security Act, the State council on disabilities, the State
vocational rehabilitation agency, other State agencies that
promote the improvement of adult basic skills and family
literacy education programs, and direct providers of such
programs; and
``(B) may include consultation with the State agency on
higher education, institutions responsible for professional
development of adult basic skills and family literacy
education programs instructors, representatives of business
and industry, refugee assistance programs, and faith-based
organizations;
``(10) a description of the eligible agency's strategies
for serving populations that include, at a minimum--
``(A) low-income individuals;
``(B) individuals with disabilities;
``(C) the unemployed;
``(D) the underemployed; and
``(E) individuals with multiple barriers to educational
enhancement, including individuals with limited English
proficiency;
``(11) a description of how the adult basic skills and
family literacy education programs that will be carried out
with any funds received under this title will be integrated
with other adult education, career development, and
employment and training activities in the State or outlying
area served by the eligible agency;
``(12) a description of the steps the eligible agency will
take to ensure direct and equitable access, as required in
section 231(c)(1), including--
``(A) how the State will build the capacity of community-
based and faith-based organizations to provide adult basic
skills and family literacy education programs; and
``(B) how the State will increase the participation of
business and industry in adult basic skills and family
literacy education programs; and
``(13) a description of how the eligible agency will
consult with any State agency responsible for postsecondary
education to develop adult education that prepares students
to enter postsecondary education without the need for
remediation upon completion of secondary school equivalency
programs.
``(c) Plan Revisions.--When changes in conditions or other
factors require substantial revisions to an approved State
plan, the eligible agency shall submit the revisions of the
State plan to the Secretary.
``(d) Consultation.--The eligible agency shall--
``(1) submit the State plan, and any revisions to the State
plan, to the Governor, the chief State school officer, or the
State officer responsible for administering community or
technical colleges, or outlying area for review and comment;
and
``(2) ensure that any comments regarding the State plan by
the Governor, the chief State school officer, or the State
officer responsible for administering community or technical
colleges, and any revision to the State plan, are submitted
to the Secretary.
``(e) Plan Approval.--A State plan submitted to the
Secretary shall be approved by the Secretary only if the plan
is consistent with the specific provisions of this title.
``SEC. 225. PROGRAMS FOR CORRECTIONS EDUCATION AND OTHER
INSTITUTIONALIZED INDIVIDUALS.
``(a) Program Authorized.--From funds made available under
section 222(a)(1) for a fiscal year, each eligible agency
shall carry out corrections education and education for other
institutionalized individuals.
``(b) Uses of Funds.--The funds described in subsection (a)
shall be used for the cost of educational programs for
criminal offenders in correctional institutions and for other
institutionalized individuals, including academic programs
for--
``(1) basic skills education;
``(2) special education programs as determined by the
eligible agency;
``(3) reading, writing, speaking, and math programs; and
``(4) secondary school credit or diploma programs or their
recognized equivalent.
``(c) Priority.--Each eligible agency that is using
assistance provided under this section to carry out a program
for criminal offenders within a correctional institution
shall give priority to serving individuals who are likely to
leave the correctional institution within 5 years of
participation in the program.
``(d) Definition of Criminal Offender.--For purposes of
this section:
``(1) Correctional institution.--The term `correctional
institution' means any--
``(A) prison;
``(B) jail;
``(C) reformatory;
``(D) work farm;
``(E) detention center; or
``(F) halfway house, community-based rehabilitation center,
or any other similar institution designed for the confinement
or rehabilitation of criminal offenders.
``(2) Criminal offender.--The term `criminal offender'
means any individual who is charged with, or convicted of,
any criminal offense.
``CHAPTER 3--LOCAL PROVISIONS
``SEC. 231. GRANTS AND CONTRACTS FOR ELIGIBLE PROVIDERS.
``(a) Grants and Contracts.--From grant funds made
available under section 211(b), each eligible agency shall
award multiyear grants or contracts, on a competitive basis,
to eligible providers within the State or outlying area that
meet the conditions and requirements of this title to enable
the eligible providers to develop, implement, and improve
adult basic skills and family literacy education programs
within the State.
``(b) Local Activities.--The eligible agency shall require
eligible providers receiving a grant or contract under
subsection (a) to establish or operate one or more programs
of instruction that provide services or instruction in one or
more of the following categories:
``(1) Adult basic skills and family literacy education
programs, including essential workplace skills (including
proficiency in reading, writing, speaking, and math).
``(2) Workplace literacy programs.
``(3) English language acquisition programs.
``(4) family literacy education programs.
``(c) Direct and Equitable Access; Same Process.--Each
eligible agency receiving funds under this title shall ensure
that--
``(1) all eligible providers have direct and equitable
access to apply for grants or contracts under this section;
and
``(2) the same grant or contract announcement process and
application process is used for all eligible providers in the
State or outlying area.
``(d) Measurable Goals.--The eligible agency shall require
eligible providers receiving a grant or contract under
subsection (a) to demonstrate--
``(1) the eligible provider's measurable goals for
participant outcomes to be achieved annually on the core
indicators of performance and employment performance
indicators described in section 212(b)(2);
``(2) the past effectiveness of the eligible provider in
improving the basic academic skills of adults and, for
eligible providers receiving grants in the prior year, the
success of the eligible provider receiving funding under this
title in meeting or exceeding its performance goals in the
prior year;
``(3) the commitment of the eligible provider to serve
individuals in the community who are the most in need of
basic academic skills instruction
[[Page H3802]]
services, including individuals who are low-income or have
minimal reading, writing, speaking, and math skills, or
limited English proficiency.
``(4) whether or not the program--
``(A) is of sufficient intensity and duration for
participants to achieve substantial learning gains; and
``(B) uses instructional practices that include the
essential components of reading instruction;
``(5) whether educational practices are based on
scientifically based research;
``(6) whether the activities of the eligible provider
effectively employ advances in technology, as appropriate,
including the use of computers;
``(7) whether the activities provide instruction in real-
life contexts, to ensure that an individual has the skills
needed to compete in the workplace and exercise the rights
and responsibilities of citizenship;
``(8) whether the activities are staffed by well-trained
instructors, counselors, and administrators;
``(9) whether the activities are coordinated with other
available resources in the community, such as through strong
links with elementary schools and secondary schools,
postsecondary educational institutions, one-stop centers, job
training programs, community-based and faith-based
organizations, and social service agencies;
``(10) whether the activities offer flexible schedules and
support services (such as child care and transportation) that
are necessary to enable individuals, including individuals
with disabilities or other special needs, to attend and
complete programs;
``(11) whether the activities include a high-quality
information management system that has the capacity to report
measurable participant outcomes and to monitor program
performance against the performance measures established by
the eligible agency;
``(12) whether the local communities have a demonstrated
need for additional English language acquisition programs;
``(13) the capacity of the eligible provider to produce
valid information on performance results, including
enrollments and measurable participant outcomes;
``(14) whether adult basic skills and family literacy
education programs offer rigorous reading, writing, speaking,
and math content that are based on scientific research; and
``(15) whether applications of technology, and services to
be provided by the eligible providers, is of sufficient
intensity and duration to increase the amount and quality of
learning and lead to measurable learning gains within
specified time periods.
``SEC. 232. LOCAL APPLICATION.
``Each eligible provider desiring a grant or contract under
this title shall submit an application to the eligible agency
containing such information and assurances as the eligible
agency may require, including--
``(1) a description of how funds awarded under this title
will be spent consistent with the requirements of this title;
``(2) a description of any cooperative arrangements the
eligible provider has with other agencies, institutions, or
organizations for the delivery of adult basic skills and
family literacy education programs; and
``(3) each of the demonstrations required by section
231(d).
``SEC. 233. LOCAL ADMINISTRATIVE COST LIMITS.
``(a) In General.--Subject to subsection (b), of the amount
that is made available under this title to an eligible
provider--
``(1) at least 95 percent shall be expended for carrying
out adult basic skills and family literacy education
programs; and
``(2) the remaining amount shall be used for planning,
administration, personnel and professional development,
development of measurable goals in reading, writing,
speaking, and math, and interagency coordination.
``(b) Special Rule.--In cases where the cost limits
described in subsection (a) are too restrictive to allow for
adequate planning, administration, personnel development, and
interagency coordination, the eligible provider may negotiate
with the eligible agency in order to determine an adequate
level of funds to be used for noninstructional purposes.
``CHAPTER 4--GENERAL PROVISIONS
``SEC. 241. ADMINISTRATIVE PROVISIONS.
``(a) Supplement Not Supplant.--Funds made available for
adult basic skills and family literacy education programs
under this title shall supplement and not supplant other
State or local public funds expended for adult basic skills
and family literacy education programs.
``(b) Maintenance of Effort.--
``(1) In general.--
``(A) Determination.--An eligible agency may receive funds
under this title for any fiscal year if the Secretary finds
that the fiscal effort per student or the aggregate
expenditures of such eligible agency for activities under
this title, in the second preceding fiscal year, were not
less than 90 percent of the fiscal effort per student or the
aggregate expenditures of such eligible agency for adult
basic skills and family literacy education programs, in the
third preceding fiscal year.
``(B) Proportionate reduction.--Subject to paragraphs (2),
(3), and (4), for any fiscal year with respect to which the
Secretary determines under subparagraph (A) that the fiscal
effort or the aggregate expenditures of an eligible agency
for the preceding program year were less than such effort or
expenditures for the second preceding program year, the
Secretary--
``(i) shall determine the percentage decreases in such
effort or in such expenditures; and
``(ii) shall decrease the payment made under this title for
such program year to the agency for adult basic skills and
family literacy education programs by the lesser of such
percentages.
``(2) Computation.--In computing the fiscal effort and
aggregate expenditures under paragraph (1), the Secretary
shall exclude capital expenditures and special one-time
project costs.
``(3) Decrease in federal support.--If the amount made
available for adult basic skills and family literacy
education programs under this title for a fiscal year is less
than the amount made available for adult basic skills and
family literacy education programs under this title for the
preceding fiscal year, then the fiscal effort per student and
the aggregate expenditures of an eligible agency required in
order to avoid a reduction under paragraph (1)(B) shall be
decreased by the same percentage as the percentage decrease
in the amount so made available.
``(4) Waiver.--The Secretary may waive the requirements of
this subsection for not more than 1 fiscal year, if the
Secretary determines that a waiver would be equitable due to
exceptional or uncontrollable circumstances, such as a
natural disaster or an unforeseen and precipitous decline in
the financial resources of the State or outlying area of the
eligible agency. If the Secretary grants a waiver under the
preceding sentence for a fiscal year, the level of effort
required under paragraph (1) shall not be reduced in the
subsequent fiscal year because of the waiver.
``SEC. 242. NATIONAL LEADERSHIP ACTIVITIES.
``The Secretary shall establish and carry out a program of
national leadership activities that may include the
following:
``(1) Technical assistance, on request, including
assistance--
``(A) on requests to volunteer community- and faith-based
organizations, including but not limited to, improving their
fiscal management, research-based instruction, and reporting
requirements, and the development of measurable objectives to
carry out the requirements of this title;
``(B) in developing valid, measurable, and reliable
performance data, and using performance information for the
improvement of adult basic skills and family literacy
education programs;
``(C) on adult education professional development; and
``(D) in using distance learning and improving the
application of technology in the classroom.
``(2) Providing for the conduct of research on national
literacy basic skill acquisition levels among adults,
including the number of adults functioning at different
levels of reading proficiency.
``(3) Improving the coordination, efficiency, and
effectiveness of adult education and workforce development
services at the national, State, and local levels.
``(4) Determining how participation in adult basic skills
and family literacy education programs prepares individuals
for entry into and success in postsecondary education and
employment, and in the case of prison-based services, the
effect on recidivism.
``(5) Evaluating how different types of providers,
including community and faith-based organizations or private
for-profit agencies measurably improve the skills of
participants in adult basic skills and family literacy
education programs.
``(6) Identifying model integrated basic and workplace
skills education programs, coordinated literacy and
employment services, and effective strategies for serving
adults with disabilities.
``(7) Supporting the development of an entity that would
produce and distribute technology-based programs and
materials for adult basic skills and family literacy
education programs using an intercommunication system, as
that term is 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.
``(8) Initiating other activities designed to improve the
measurable quality and effectiveness of adult basic skills
and family literacy education programs nationwide.''.
PART B--NATIONAL INSTITUTE FOR LITERACY
SEC. 211. SHORT TITLE; PURPOSE.
(a) Short Title.--This part may be cited as the ``National
Institute for Literacy Establishment Act''.
(b) Purpose.--The purpose of this part is to establish a
National Institute for Literacy to provide national
leadership in promoting reading research, reading
instruction, and professional development in reading based on
scientifically based research by--
(1) disseminating widely information on scientifically
based reading research to improve academic achievement for
children, youth, and adults;
(2) identifying and disseminating information about
schools, local educational agencies, and State educational
agencies that have effectively developed and implemented
classroom reading programs that meet the requirements of
subpart 1 of part B of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6361 et seq.),
including those State educational agencies, local educational
agencies, and schools that are identified as effective
through the External Evaluation of Reading First under
section 1205 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6365);
(3) serving as a national resource for information on
reading instruction programs that contain the essential
components of reading instruction as supported by
scientifically based reading research, and that can lead to
improved reading outcomes for children, youth, and adults;
(4) developing print and electronic materials that describe
and model the application of scientifically based reading
research;
(5) providing national and regional reading leadership for
State and local personnel for the application and
implementation of scientifically based reading research;
[[Page H3803]]
(6) coordinating efforts among Federal agencies, especially
the Department of Labor, the Department of Health and Human
Services, and the National Institute of Child Health and
Human Development, that provide reading programs, conduct
research, and provide services to recipients of Federal
financial assistance under titles I and III of the Elementary
and Secondary Education Act of 1965, the Head Start Act, the
Individuals with Disabilities Education Act, and the Adult
Basic Skills and Family Literacy Education Act, and each
Bureau funded school (as defined in title XI of the Education
Amendments of 1978 (25 U.S.C. 2001 et seq.)); and
(7) informing the Congress, Federal departments and
agencies, schools of education, and the public of successful
local, State, and Federal program activities in reading
instruction that are determined to be effective based on the
findings of scientifically based reading research.
SEC. 212. ESTABLISHMENT.
(a) In General.--There is established within the executive
branch an independent establishment (as defined in title 104
of title 5, United States Code) to be known as the ``National
Institute for Literacy''. The Institute shall be
administered, in accordance with this part, under the
supervision and direction of a Director in consultation with
the Board, and subject to all fiscal and ethical requirements
of an executive branch agency.
(b) Director.--
(1) Appointment.--The Board (established under section 216
of this part), in consultation with the Secretary of
Education, shall appoint a Director of the Institute, who has
an understanding of, supports, and is familiar with
scientifically based reading research, instruction, and
professional development applicable to children, youth, and
adults.
(2) Pay.--The Director of the Institute shall receive the
rate of basic pay for level IV of the Executive Schedule.
(3) Term.--The Director of the Institute shall be appointed
for an initial term of 3 years and, if approved by the Board,
may serve not more than 1 additional term of 3 years.
SEC. 213. ADMINISTRATION.
(a) In General.--The Institute shall be administered by the
Director of the Institute in consultation with the Board.
(b) Authority.--Subject to the general policies, decisions,
findings, and determinations of the Board, the Director of
the Institute shall be responsible for administering the
Institute. The Director may delegate the powers granted under
this paragraph to an officer, employee, or office of the
Institute. The Director shall--
(1) provide leadership for the Institute, consistent with
the purposes defined in section 211;
(2) appoint and supervise all employees in the Institute,
including attorneys, to provide legal aid and service to the
Board and the Institute, and to represent the Board and the
Institute in any case in court;
(3) appoint the heads of offices in the Institute with the
approval of the Board;
(4) assign responsibility to carry out the duties of the
Institute among officers and employees, and offices of the
Institute;
(5) prepare requests for appropriations for the Institute
and submit those requests to the President and the Congress
with the prior approval of the Board;
(6) oversee the expenditure of all funds allocated for the
Institute to carry out the purposes under section 211; and
(7) confer regularly with the Board on matters of policy,
personnel, and progress in carrying out the mission of the
Institute.
(c) Agency Designation.--For purposes of section 552b of
title 5, United States Code, the Institute is deemed to be an
agency.
(d) Budget Requests.--In each annual request for
appropriations by the President, the Director of the
Institute, in consultation with the Board, shall submit a
budget to carry out the mission of the Institute including--
(1) the amount requested by the Institute in its budgetary
presentation to the Office of Management and Budget; and
(2) an assessment of the budgetary needs of the Institute.
(e) Budget Transmittal to Congress.--The Institute shall
transmit to the Congress copies of budget estimates,
requests, and information (including personnel needs),
legislative recommendations, prepared testimony for
congressional hearings, and comments on legislation.
(f) Offices.--The Institute shall have offices separate
from the offices of the Department of Education.
(g) Administrative Support.--
(1) In general.--The Secretary of Education shall provide
administrative support for the Institute, including the
administration of grants, contracts and cooperative
agreements, personnel, legal counsel, and payroll after the
Office of Management and Budget has approved the Institute's
budget.
(2) Other departments and agencies.--In addition to any
support obtained under paragraph (1) from the Secretary of
Education, the Institute may obtain administrative support
services from other departments and agencies within the
executive branch if determined by the Director of the
Institute, in consultation with the Board, to be in the best
interest of the Institute.
SEC. 214. DUTIES.
(a) In General.--In order to provide leadership for the
improvement and expansion of the system for delivery of
scientifically based reading instructional practices, the
Institute shall--
(1) establish a national electronic database of effective
reading programs for children, youth, and adults that include
the essential components of reading instruction, and
disseminate such information to parents, teachers, State and
Federal elected officials, and the public;
(2) develop print and electronic materials for professional
development that provide applications of scientifically based
reading research, and instructional practices in reading for
children, youth, and adults;
(3) provide, when requested, policy and technical
assistance to the Congress, school Boards, Federal agencies,
State departments of education, adult education programs,
local school districts, local public and private schools, and
schools of education, on scientifically based reading
instructional practices including diagnostic and assessment
instruments and instructional materials;
(4) collaborate and support Federal research programs in
reading instruction, including, where appropriate, those
areas of study addressed by the National Institute of Child
Health and Human Development, the Institute for Education
Sciences, the National Science Foundation, the Department of
Labor, and the National Research Council;
(5) coordinate with the Department of Education, the
Department of Labor, the Department of Health and Human
Services, and the National Institute of Child Health and
Human Development on all programs that include improving
reading instructional practices for children, youth, and
adults, and teacher training in reading instructional
practices;
(6) use and support the collection of the best possible
information in carrying out this section, and where
appropriate, including reviews of research on instruction
using the criteria for quality identified by the Institute
for Education Sciences; and
(7) conduct reviews of research, including randomized field
trials, on reading programs, and conduct reviews of Federal
reading policies and reading program implementation using a
board of visitors as described in subchapter 300 of the
National Science Foundation Administrative Manual.
(b) Grants, Contracts, and Cooperative Agreements.--The
Institute may award grants to, or enter into contracts or
cooperative agreements with, individuals, public or private
institutions, agencies, organizations, or other legal
entities to carry out the activities of the Institute.
(c) Relation to Other Laws.--The duties and powers of the
Institute under this part are in addition to the duties and
powers of the Institute under subparts 1, 2, and 3 of part B
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 1201 et seq.) (commonly referred to as Reading First,
Early Reading First, and the William F. Goodling Even Start
Family Literacy Programs, respectively).
SEC. 215. LEADERSHIP IN SCIENTIFICALLY BASED READING
INSTRUCTION.
(a) In General.--The Institute, in consultation with the
Board, may award fellowships, with such stipends and
allowances as the Director of the Institute considers
necessary, to outstanding individuals who are pursuing
careers in scientifically based research in reading
instruction or pre-service or in-service training in reading
instruction, including teaching children and adults to read.
(b) Fellowships.--Fellowships awarded under this subsection
shall be used, under the auspices of the Institute, to engage
in research, education training, technical assistance, or
other activities to advance the field of scientifically based
reading instruction for children, youth, and adults,
including the training of volunteers in such reading skills
instruction.
(c) Interns and Volunteers.--The Institute, in consultation
with the Board, may award paid and unpaid internships to
individuals seeking to assist the Institute in carrying out
its mission. Notwithstanding section 1342 of title 31, United
States Code, the Institute may accept and use voluntary and
uncompensated services as the Institute deems necessary.
SEC. 216. NATIONAL INSTITUTE FOR LITERACY ADVISORY BOARD.
(a) Establishment.--
(1) In general.--There shall be a National Institute for
Literacy Advisory Board, which shall consist of 10
individuals appointed by the President with the advice and
consent of the Senate.
(2) Composition.--The Board shall be comprised of
individuals who are not otherwise officers or employees of
the Federal Government and who are knowledgeable about
scientifically based reading instruction, and the findings of
scientifically based reading research. The members of the
Board may include--
(A) representatives from teacher training institutions
where scientifically based reading instruction is a major
component of pre-service training;
(B) teachers who have been successful in teaching children
to read proficiently;
(C) members of the business community who have developed
successful employee reading instruction programs;
(D) volunteer tutors in reading who are using
scientifically based reading instruction;
(E) reading researchers who have conducted scientifically
based research; and
(F) other qualified individuals knowledgeable about
scientifically based reading instruction, including adult
education.
(b) Duties.--The Board shall--
(1) work closely with the Director of the Institute to
ensure that the purposes of the Institute under section 211
are carried out effectively;
(2) approve the annual report to the Congress;
(3) provide policy guidance and advice to the Director of
the Institute in the administration of the Institute; and
(4) appoint the Director of the Institute, in consultation
with the Secretary.
(c) Federal Advisory Committee Act.--Except as otherwise
provided in this part, the Board established by this section
shall be subject to the provisions of the Federal Advisory
Committee Act (5 U.S.C. App.).
(d) Appointments.--
[[Page H3804]]
(1) In general.--Each member of the Board shall be
appointed for a term of 3 years, except that the initial
terms for members may be 1, 2, or 3 years in order to
establish a rotation, in which \1/3\ of the members are
selected each year. Any such member may be appointed for not
more than 2 consecutive terms.
(2) Vacancies.--Any member appointed to fill a vacancy
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only
for the remainder of that term. A member may serve after the
expiration of that member's term until a successor has taken
office.
(e) Quorum.--A majority of the members of the Board shall
constitute a quorum, but a lesser number may hold hearings.
Any recommendation of the Board may be passed only by a
majority of the Board members present.
(f) Election of Officers.--The Chairperson and Vice
Chairperson of the Board shall be elected by the members of
the Board. The term of office of the Chairperson and Vice
Chairperson shall be 2 years.
(g) Meetings.--The Board shall meet at the call of the
Chairperson, or a majority of the members of the Board, but
not less than quarterly.
SEC. 217. GIFTS, BEQUESTS, AND DEVISES.
(a) In General.--The Institute may accept, administer, and
use gifts or donations of services, money, or property,
whether real or personal, tangible or intangible.
(b) Rules.--The Board, in consultation with the Director of
the Institute, shall establish written rules setting forth
the criteria to be used by the Institute in determining
whether the acceptance of contributions of services, money,
or property whether real or personal, tangible or intangible,
would reflect unfavorably upon the ability of the Institute
or any employee to carry out the responsibilities of the
Institute or employee, or official duties, in a fair and
objective manner, or would compromise the integrity or the
appearance of the integrity of the Institute's programs or
any official involved in those programs.
SEC. 218. MAILS.
The Board and the Institute may use the United States mails
in the same manner and under the same conditions as other
departments and agencies of the United States.
SEC. 219. APPLICABILITY OF CERTAIN CIVIL SERVICE LAWS.
The Director of the Institute and the staff of the
Institute may be appointed without regard to the provisions
of title 5, United States Code, governing appointments in the
competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
that title relating to classification and General Schedule
pay rates, except that an individual so appointed may not
receive pay in excess of the annual rate of basic pay payable
for level IV of the Executive Schedule.
SEC. 220. EXPERTS AND CONSULTANTS.
The Institute may procure temporary and intermittent
services under section 3109(b) of title 5, United States
Code.
SEC. 221. REPORT.
(a) In General.--The Institute shall submit a biennial
report to the Committee on Education and the Workforce of the
House of Representatives and the Committee on Labor and Human
Resources of the Senate. Each report submitted under this
section shall include--
(1) a comprehensive and detailed description of the
Institute's operations, activities, financial condition, and
accomplishments in carrying out the purposes of the Institute
as specified in section 211, for the period covered by the
report; and
(2) a summary description of how the Institute will advance
the purposes of the Institute for the next biennium.
(b) First Report.--The Institute shall submit a report
under this section not later than 1 year after the date of
enactment of this part.
SEC. 222. DEFINITIONS.
For purposes of this part--
(1) the term ``Board'' means the National Institute for
Literacy Advisory Board;
(2) the term ``Institute'' means the National Institute for
Literacy; and
(3) the terms ``reading'', ``scientifically based reading
research'', and ``essential components of reading
instruction'' have the meanings given those terms in section
1208 of part B of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6368).
SEC. 223. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to administer and
carry out this part $6,700,000 for fiscal year 2004 and such
sums as may be necessary for each of the 5 succeeding fiscal
years.
SEC. 224. RESERVATION.
From amounts appropriated to the Institute, the Director of
the Institute may use not more than 5 percent of such amounts
for information dissemination under section 1207 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6367).
SEC. 225. AUTHORITY TO PUBLISH.
The Institute, including the Board, may prepare, publish,
and present (including through oral presentations) such
research-based information and research reports as needed to
carry out the purposes and mission of the Institute.
TITLE III--AMENDMENTS TO THE WAGNER-PEYSER ACT
SEC. 301. AMENDMENTS TO THE WAGNER-PEYSER ACT.
The Wagner-Peyser Act (29 U.S.C. 49 et. seq.) is amended--
(1) by striking sections 1 through 13;
(2) in section 14 by inserting ``of Labor'' after
``Secretary''; and
(3) by amending section 15 to read as follows:
``SEC. 15. WORKFORCE AND LABOR MARKET INFORMATION SYSTEM.
``(a) System Content.--
``(1) In general.--The Secretary of Labor, in accordance
with the provisions of this section, shall oversee the
development, maintenance, and continuous improvement of a
nationwide workforce and labor market information system that
includes--
``(A) statistical data from cooperative statistical survey
and projection programs and data from administrative
reporting systems that, taken together, enumerate, estimate,
and project employment opportunities and conditions at
national, State, and local levels in a timely manner,
including statistics on--
``(i) employment and unemployment status of national,
State, and local populations, including self-employed, part-
time, and seasonal workers;
``(ii) industrial distribution of occupations, as well as
current and projected employment opportunities, wages,
benefits (where data is available), and skill trends by
occupation and industry, with particular attention paid to
State and local conditions;
``(iii) the incidence of, industrial and geographical
location of, and number of workers displaced by, permanent
layoffs and plant closings; and
``(iv) employment and earnings information maintained in a
longitudinal manner to be used for research and program
evaluation;
``(B) information on State and local employment
opportunities, and other appropriate statistical data related
to labor market dynamics, which--
``(i) shall be current and comprehensive;
``(ii) shall meet the needs identified through the
consultations described in subparagraphs (A) and (B) of
subsection (e)(2); and
``(iii) shall meet the needs for the information identified
in section 134(d);
``(C) technical standards (which the Secretary shall
publish annually) for data and information described in
subparagraphs (A) and (B) that, at a minimum, meet the
criteria of chapter 35 of title 44, United States Code;
``(D) procedures to ensure compatibility and additivity of
the data and information described in subparagraphs (A) and
(B) from national, State, and local levels;
``(E) procedures to support standardization and aggregation
of data from administrative reporting systems described in
subparagraph (A) of employment-related programs;
``(F) analysis of data and information described in
subparagraphs (A) and (B) for uses such as--
``(i) national, State, and local policymaking;
``(ii) implementation of Federal policies (including
allocation formulas);
``(iii) program planning and evaluation; and
``(iv) researching labor market dynamics;
``(G) wide dissemination of such data, information, and
analysis in a user-friendly manner and voluntary technical
standards for dissemination mechanisms; and
``(H) programs of--
``(i) training for effective data dissemination;
``(ii) research and demonstration; and
``(iii) programs and technical assistance.
``(2) Information to be confidential.--
``(A) In general.--No officer or employee of the Federal
Government or agent of the Federal Government may--
``(i) use any submission that is furnished for exclusively
statistical purposes under the provisions of this section for
any purpose other than the statistical purposes for which the
submission is furnished;
``(ii) make any publication or media transmittal of the
data contained in the submission described in clause (i) that
permits information concerning individual subjects to be
reasonably inferred by either direct or indirect means; or
``(iii) permit anyone other than a sworn officer, employee,
or agent of any Federal department or agency, or a contractor
(including an employee of a contractor) of such department or
agency, to examine an individual submission described in
clause (i);
without the consent of the individual, agency, or other
person who is the subject of the submission or provides that
submission.
``(B) Immunity from legal process.--Any submission
(including any data derived from the submission) that is
collected and retained by a Federal department or agency, or
an officer, employee, agent, or contractor of such a
department or agency, for exclusively statistical purposes
under this section shall be immune from the legal process and
shall not, without the consent of the individual, agency, or
other person who is the subject of the submission or provides
that submission, be admitted as evidence or used for any
purpose in any action, suit, or other judicial or
administrative proceeding.
``(C) Rule of construction.--Nothing in this section shall
be construed to provide immunity from the legal process for
such submission (including any data derived from the
submission) if the submission is in the possession of any
person, agency, or entity other than the Federal Government
or an officer, employee, agent, or contractor of the Federal
Government, or if the submission is independently collected,
retained, or produced for purposes other than the purposes of
this Act.
``(b) System Responsibilities.--
``(1) In general.--The workforce and labor market
information system described in subsection (a) shall be
planned, administered, overseen, and evaluated through a
cooperative governance structure involving the Federal
Government and States.
``(2) Duties.--The Secretary, with respect to data
collection, analysis, and dissemination of labor employment
statistics for the system, shall carry out the following
duties:
``(A) Assign responsibilities within the Department of
Labor for elements of the workforce and labor market
information system described in
[[Page H3805]]
subsection (a) to ensure that all statistical and
administrative data collected is consistent with appropriate
Bureau of Labor Statistics standards and definitions.
``(B) Actively seek the cooperation of other Federal
agencies to establish and maintain mechanisms for ensuring
complementarity and nonduplication in the development and
operation of statistical and administrative data collection
activities.
``(C) Eliminate gaps and duplication in statistical
undertakings, with the systemization of wage surveys as an
early priority.
``(D) In collaboration with the Bureau of Labor Statistics
and States, develop and maintain the elements of the
workforce and labor market information system described in
subsection (a), including the development of consistent
procedures and definitions for use by the States in
collecting the data and information described in
subparagraphs (A) and (B) of subsection (a)(1).
``(E) Establish procedures for the system to ensure that--
``(i) such data and information are timely;
``(ii) paperwork and reporting for the system are reduced
to a minimum; and
``(iii) States and localities are fully involved in the
development and continuous improvement of the system at all
levels, including ensuring the provision, to such States and
localities, of budget information necessary for carrying out
their responsibilities under subsection (e).
``(c) National Electronic Tools To Provide Services.--The
Secretary is authorized to assist in the development of
national electronic tools that may be used to facilitate the
delivery of core services described in section 134 and to
provide workforce information to individuals through the one-
stop delivery systems descried in section 121 and through
other appropriate delivery systems.
``(d) Coordination With the States.--
``(1) In general.--The Secretary, working through the
Bureau of Labor Statistics and the Employment and Training
Administration, shall regularly consult with representatives
of State agencies carrying out workforce information
activities regarding strategies for improving the workforce
and labor market information system.
``(2) Formal consultations.--At least twice each year, the
Secretary, working through the Bureau of Labor Statistics,
shall conduct formal consultations regarding programs carried
out by the Bureau of Labor Statistics with representatives of
each of the 10 Federal regions of the Department of Labor,
elected from the State directors affiliated with State
agencies that perform the duties described in subsection
(e)(2).
``(e) State Responsibilities.--
``(1) Designation of state agency.--In order to receive
Federal financial assistance under this section, the Governor
of a State shall--
``(A) designate a single State agency to be responsible for
the management of the portions of the workforce and labor
market information system described in subsection (a) that
comprise a statewide workforce and labor market information
system and for the State's participation in the development
of the annual plan; and
``(B) establish a process for the oversight of such system.
``(2) Duties.--In order to receive Federal financial
assistance under this section, the State agency shall--
``(A) consult with State and local employers, participants,
and local workforce investment boards about the labor market
relevance of the data to be collected and disseminated
through the statewide workforce and labor market information
system;
``(B) consult with State educational agencies and local
educational agencies concerning the provision of employment
statistics in order to meet the needs of secondary school and
postsecondary school students who seek such information;
``(C) collect and disseminate for the system, on behalf of
the State and localities in the State, the information and
data described in subparagraphs (A) and (B) of subsection
(a)(1);
``(D) maintain and continuously improve the statewide
workforce and labor market information system in accordance
with this section;
``(E) perform contract and grant responsibilities for data
collection, analysis, and dissemination for such system;
``(F) conduct such other data collection, analysis, and
dissemination activities as will ensure an effective
statewide workforce and labor market information system;
``(G) actively seek the participation of other State and
local agencies in data collection, analysis, and
dissemination activities in order to ensure complementarity,
compatibility, and usefulness of data;
``(H) participate in the development of the annual plan
described in subsection (c); and
``(I) utilize the quarterly records described in section
136(f )(2) of the Workforce Investment Act of 1998 to assist
the State and other States in measuring State progress on
State performance measures.
``(3) Rule of construction.--Nothing in this section shall
be construed as limiting the ability of a State agency to
conduct additional data collection, analysis, and
dissemination activities with State funds or with Federal
funds from sources other than this section.
``(f) Nonduplication Requirement.--None of the functions
and activities carried out pursuant to this section shall
duplicate the functions and activities carried out under the
Carl D. Perkins Vocational and Applied Technology Education
Act (20 U.S.C. 2301 et seq.).
``(g) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as may be necessary for each of the fiscal years 2004
through 2009.
``(h) Definition.--In this section, the term `local area'
means the smallest geographical area for which data can be
produced with statistical reliability.''.
TITLE IV--AMENDMENTS TO THE REHABILITATION ACT OF 1973
SEC. 401. CHAIRPERSON.
Section 705(b)(5) of the Rehabilitation Act of 1973 (29
U.S.C. 796d(b)(5)) is amended to read as follows:
``(5) Chairperson.--The Council shall select a chairperson
from among the voting membership of the Council.''.
SEC. 402. REHABILITATION SERVICES ADMINISTRATION.
Section 3(a) of the Rehabilitation Act of 1973 (29 U.S.C.
702(a)) is amended--
(1) by striking ``Office of the Secretary'' and inserting
``Department of Education'';
(2) by striking ``President by and with the advice and
consent of the Senate'' and inserting ``Secretary, except
that the current Commissioner appointed under the authority
existing on the day prior to the date of enactment of this
Act may continue to serve in the former capacity''; and
(3) by striking ``, and the Commissioner shall be the
principal officer,''.
SEC. 403. DIRECTOR.
(a) In General.--The Rehabilitation Act of 1973 (29 U.S.C.
701 et seq.) is amended by striking ``Commissioner'' each
place it appears, except in section 21, and inserting
``Director''.
(b) Exception.--Section 21 of the Rehabilitation Act of
1973 (29 U.S.C. 718) is amended--
(1) in subsection (b)(1)--
(A) by striking ``Commissioner'' the first place it appears
and inserting ``Director of the Rehabilitation Services
Administration''; and
(B) by striking ``(referred to in this subsection as the
`Director') ''; and
(2) by striking ``Commissioner and the Director'' each
place it appears and inserting ``both such Directors''.
SEC. 404. STATE GOALS.
Section 101(a) of the Rehabilitation Act of 1973 (29 U.S.C.
721(a)) is amended--
(1) in paragraph (11)(D)(i) by inserting ``, which may be
provided using alternative means of meeting participation
(such as video conferences and conference calls)'' before the
semicolon; and
(2) in paragraph (15)--
(A) in subparagraph (A), by redesignating clauses (ii) and
(iii) as clauses (iii) and (iv), respectively, and inserting
after clause (i) the following:
``(ii) include an assessment of the transition services
provided under this Act, and coordinated with transition
services under the Individuals with Disabilities Education
Act, as to those services meeting the needs of individuals
with disabilities.''; and
(B) by amending subparagraph (D)(i) to read as follows:
``(i) the methods to be used to expand and improve the
services to individuals with disabilities including--
``(I) how a broad range of assistive technology services
and assistive technology devices will be provided to such
individuals at each stage of the rehabilitative process and
how such services and devices will be provided to such
individuals on a statewide basis; and
``(II) how transition services will be better coordinated
with those services under the Individuals with Disabilities
Education Act in order to improve transition services for
individuals with disabilities served under this Act;''.
SEC. 405. AUTHORIZATIONS OF APPROPRIATIONS.
The Rehabilitation Act of 1973 is further amended--
(1) in section 100(b)(1) by striking ``fiscal years 1999
through 2003'' and inserting ``fiscal years 2004 through
2009'';
(2) in section 100(d)(1)(B) by striking ``fiscal year
2003'' and inserting ``fiscal year 2009'';
(3) in section 110(c) by amending paragraph (2) to read as
follows:
``(2) The sum referred to in paragraph (1) shall be, as
determined by the Secretary, not less than 1 percent and not
more than 1.5 percent of the amount referred to in paragraph
(1) for each of fiscal years 2003 through 2009.'';
(4) in section 112(h) by striking ``fiscal years 1999
through 2003'' and inserting ``fiscal years 2004 through
2009'';
(5) in section 201(a) by striking ``fiscal years 1999
through 2003'' each place it appears and inserting ``fiscal
years 2004 through 2009'';
(6) in section 302(i) by striking ``fiscal years 1999
through 2003'' and inserting ``fiscal years 2004 through
2009'';
(7) in section 303(e) by striking ``fiscal years 1999
through 2003'' and inserting ``fiscal years 2004 through
2009'';
(8) in section 304(b) by striking ``fiscal years 1999
through 2003'' and inserting ``fiscal years 2004 through
2009'';
(9) in section 305(b) by striking ``fiscal years 1999
through 2003'' and insert ``fiscal years 2004 through 2009'';
(10) in section 405 by striking ``fiscal years 1999 through
2003'' and inserting ``fiscal years 2004 through 2009'';
(11) in section 502(j) by striking ``fiscal years 1999
through 2003'' and inserting ``fiscal years 2004 through
2009'';
(12) in section 509(l) by striking ``fiscal years 1999
through 2003'' and inserting ``fiscal years 2004 through
2009'';
(13) in section 612 by striking ``fiscal years 1999 through
2003'' and inserting ``fiscal years 2004 through 2009'';
(14) in section 628 by striking ``fiscal years 1999 through
2003'' and inserting ``fiscal years 2004 through 2009'';
(15) in section 714 by striking ``fiscal years 1999 through
2003'' and inserting ``fiscal years 2004 through 2009'';
(16) in section 727 by striking ``fiscal years 1999 through
2003'' and inserting ``fiscal years 2004 through 2009''; and
(17) in section 753 by striking ``fiscal years 1999 through
2003'' and inserting ``fiscal years 2004 through 2009''.
[[Page H3806]]
SEC. 406. 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 ``2004 through 2009''.
(b) Helen Keller National Center Federal Endowment Fund.--
The first sentence of section 208(h) of such Act (29 U.S.C.
1907(h)) is amended by striking ``1999 through 2003'' and
inserting ``2004 through 2009''.
TITLE V--TRANSITION AND EFFECTIVE DATE
SEC. 501. TRANSITION PROVISIONS.
The Secretary of Labor shall take such actions as the
Secretary determines to be appropriate to provide for the
orderly implementation 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.
The CHAIRMAN. No amendment to the committee amendment is in order
except those printed in House Report 108-92. Each amendment may be
offered only in the order printed in the report, by a Member designated
in the report, shall be considered read, shall be debatable for the
time specified in the report, equally divided and controlled by the
proponent and an opponent, shall not be subject to amendment, and shall
not be subject to a demand for division of the question.
It is now in order to consider Amendment No. 1 printed in House
Report 108-92.
Amendment No. 1 Offered by Mr. McKeon
Mr. McKEON. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 1 offered by Mr. McKeon:
Page 6, strike lines 18 through 21 and insert the
following:
``(III) if not included under subclause (I), the director
of the State unit, defined in section 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 rehabilitation program,
the board representative shall be the director of the
designated State unit that serves the most individuals with
disabilities in the State;
Page 15, line 14, strike ``(a) One-stop Partners.--'' and
all that follows through page 16, line 12, and insert the
following:
(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'';
(iv) in clause (x) (as so redesignated), by striking the
period and inserting ``; and''; and
(v) by inserting after clause (x)(as so redesignated) 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 clauses (xi) of subparagraph (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
determination by the Governor not to include such programs 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 amended--
(A) by striking clause (i) and redesignating 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 semicolon; and
(D) by adding at the end the following new clauses:
``(v) employment and training programs administered by the
Social Security Administration, including the Ticket to Work
program (established by Public Law 106-170);
``(vi) programs under part D of title IV of the Social
Security Act (42 U.S.C. 451 et seq.) (relating to child
support enforcement); and
``(vii) programs carried out in the local area for
individuals with disabilities, including programs carried out
by State agencies relating to mental health, mental
retardation, and developmental disabilities, State Medicaid
agencies, State Independent Living Councils, and Independent
Living Centers.''.
Page 24, strike lines 2 and 3 and insert the following:
Section 123 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 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 are an insufficient number of eligible providers of
training services in the local area involved (such as rural
areas) for grants to be awarded on a competitive basis under
subsection (a).
Page 25, line 10, strike ``(C) states.--'' and all that
follows through page 26, line 9, and insert the following:
``(C) States.--
``(i) In general.--Of the remainder of the amount
appropriated under section 137(a) for a fiscal year that is
available after determining the amounts to be reserved under
subparagraphs (A) and (B), the Secretary shall allot--
``(I) the amount of the remainder that is less than or
equal to the total amount that was allotted to States for
fiscal year 2003 under section 127(b)(1)(C) of this Act (as
in effect on the day before the date of enactment of the
Workforce Reinvestment and Adult Education Act of 2003) in
accordance with the requirements 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) Formulas for excess funds.--Subject to clauses (iii)
and (iv), of the amounts described in clause (i)(II)--
``(I) 33 and \1/3\ percent shall be allotted on the basis
of the relative number of individuals in the civilian labor
force who are ages 16-19 in each State, compared to the total
number of individuals in the civilian labor force who are
ages 16-19 in all States;
``(II) 33 and \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''; and
Page 26, line 13, strike ``the'' and insert ``each''.
Page 28, strike lines 1 through 10.
Page 28, line 11, strike ``formula'' and insert
``formulas''.
Page 28, strike lines 17 through 21.
Page 31, strike lines 14 through page 32, line 2, and
insert the following:
``(i) 33 and \1/3\ percent shall be allotted on the basis
of the relative number of individuals in the civilian labor
force who are ages 16-19 in each local area, compared to the
total number of individuals in the civilian labor force who
are ages 16-19 in all local areas in the State;
``(ii) 33 and \1/3\ percent shall be allotted 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;'' and
Page 33, strike lines 7 through 10, and insert the
following:
``(ii) Disadvantaged youth.--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 poverty line.''.
Page 36, line 11, insert ``who are deficient in basic
skills'' after ``disabilities)''.
Page 44, line 1, strike ``(b) Allotment'' and all that
follows through page 47, line 14 and insert the following:
``(b) Allotment Among States for Adult Employment and
Training Activities.--
``(1) Reservation for outlying areas.--From the amount made
available under subsection (a)(2) for a fiscal year, the
Secretary shall reserve not more than \1/4\ of 1 percent to
provide assistance to outlying areas to carry out employment
and training activities for adults and statewide workforce
investment activities.
``(2) States.--Subject to paragraph (5), of the remainder
of the amount referred to under subsection (a)(2) for a
fiscal year that is available after determining the amount to
be reserved under paragraph (1), the Secretary shall allot to
the States for employment and training activities for adults
and for statewide workforce investment activities--
``(A) 26 percent in accordance with paragraph (3); and
``(B) 74 percent in accordance with paragraph (4)
``(3) Base formula.--
``(A) Fiscal year 2004.--
``(i) In general.--Subject to clause (ii), the amount
referred to in paragraph (2)(A) shall be allotted for fiscal
year 2004 on the basis of allotment percentage of each State
under section 6 of the Wagner-Peyser Act for fiscal year
2003.
``(ii) Excess amounts.--If the amount referred to in
paragraph (2)(A) for fiscal year 2004 exceeds the amount that
was available for allotment to the States under the Wagner-
Peyser Act for fiscal year 2003, such excess amount 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 individuals in the civilian labor force in
all States, adjusted to ensure that no State receives less
than \3/10\ of one percent of such excess amount.
``(iii) Definition.--For purposes of this subparagraph, the
term `allotment percentage' means the percentage of the
amounts allotted to States under section 6 of the Wagner-
Peyser Act that is received by the State involved for fiscal
year 2003.
[[Page H3807]]
``(B) Fiscal years 2005 and thereafter.--
``(i) in general.--Subject to clause(ii), the amount
referred to in paragraph(2)(A) shall be allotted for fiscal
year 2005 and each fiscal year thereafter on the basis of the
allotment percentage of each State under this paragraph for
the preceding fiscal year.
``(ii) Excess amounts.--If the amount referred to in
paragraph (2)(A) for fiscal year 2005 or any fiscal year
thereafter exceeds the amount that was available for
allotment under this paragraph for the prior fiscal year,
such excess amount 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 individuals in
the civilian labor force in all States, adjusted to ensure
that no State receives less than \3/10\ of one percent of
such excess amount.
``(iii) Definition.--For purposes of this subparagraph, the
term `allotment percentage' means the percentage of the
amounts allotted to States under this paragraph in a fiscal
year that is received by the State involved for such fiscal
year.
``(4) Consolidated formula.--
``(A) In general.--Subject to subparagraphs (B) and (C), of
the amount referred to in paragraph (2)(B)--
``(i) 60 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;
``(ii) 25 percent shall be allotted on the basis of the
relative excess number of unemployed individuals in each
State, compared to the total excess number of unemployed
individuals in all States; and
``(iii) 15 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.
``(B) Minimum and maximum percentages.--
``(i) Minimum percentage.--The Secretary shall ensure that
no State shall receive an allotment under this paragraph for
a fiscal year that is less than 90 percent of the allotment
percentage of the State under this paragraph for the
preceding fiscal year.
``(ii) Maximum percentage.--Subject to clause (i), the
Secretary shall ensure that no State shall receive an
allotment for a fiscal year under this paragraph that is more
than 130 percent of the allotment of the State under this
paragraph for the preceding fiscal year.
``(C) Small state minimum allotment.--Subject to
subparagraph (B), the Secretary shall ensure that no State
shall receive an allotment under this paragraph that is less
than \2/10\ of 1 percent of the amount available under
subparagraph (A).
``(D) Definitions.--For the purposes of this paragraph:
``(i) Allotment percentage.--The term `allotment
percentage', used with respect to fiscal year 2004 or a
subsequent fiscal year, means a percentage of the amounts
described in paragraph (2)(B) that is received through an
allotment made under this paragraph for the fiscal year. The
term, with respect to fiscal year 2003, 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 Reinvestment and Adult Education Act of 2003) and
under reemployment service grants received by the State
involved for fiscal year 2003.
``(ii) Disadvantaged adult.--The term `disadvantaged adult'
means an individual who is age 22 through 72 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 poverty line.
``(iii) Excess number.--The term `excess number' means,
used with respect to the excess number of unemployed
individuals within a State, the number that represents the
number of unemployed individuals in excess of 4 and \1/2\
percent of the civilian labor force in the State.
``(5) Adjustments in allotments based on differences with
unconsolidated formulas.--
``(A) In general.--The Secretary shall ensure that for any
fiscal year no State has an allotment difference, as defined
in subparagraph (C), that is less than zero. The Secretary
shall adjust the amounts allotted to the States under this
subsection in accordance with subparagraph (B) if necessary
to carry out this subparagraph..
``(B) Adjustments in allotments.--
``(i) Redistribution of excess amounts.--
``(I) In general.--If necessary to carry out subparagraph
(A), the Secretary shall reduce the amounts that would be
allotted under paragraphs (3) and (4) to States that have an
excess allotment difference, as defined in subclause (II), by
the amount of such excess, and use such amounts to increase
the allotments to States that have an allotment difference
less than zero.
``(II) Excess amounts.--For purposes of subclause (I), the
term `excess' allotment difference means an allotment
difference for a State that is--
``(aa) in excess of 3 percent of the amount described in
subparagraph (C)(i)(II); or
``(bb) in excess of a percentage established by the
Secretary that is greater than 3 percent of the amount
described in subparagraph (C)(i)(II) if the Secretary
determines that such greater percentage is sufficient to
carry out subparagraph (A).
``(ii) Use of amounts available under national reserve
account.--If the funds available under clause (i) are
insufficient to carry out subparagraph (A), the Secretary
shall use funds reserved under section 132(a) in such amounts
as are necessary to increase the allotments to States to meet
the requirements of subparagraph (A). Such funds shall be
used in the same manner as the States use the other funds
allotted under this subsection.
``(C) Definition of allotment difference.--
``(i) In general.--For purposes of this paragraph, the term
`allotment difference' means the difference between--
``(I) the total amount a State would receive of the amounts
available for allotment under subsection (b)(2) for a fiscal
year pursuant to paragraphs (3) and (4); and
``(II) the total amount the State would receive of the
amounts available for allotment under subsection (b)(2) for
the fiscal year if such amounts were allotted pursuant to the
unconsolidated formulas (applied as described in clause
(iii)) that were used in allotting funds for fiscal year
2003.
``(ii) Unconsolidated formulas.--For purposes of clause
(i), the unconsolidated formulas are:
``(I) The requirements for the allotment of funds to the
States contained in section 132(b)(1)(B) of this Act (as in
effect on the day before the date of enactment of the
Workforce Reinvestment and Adult Education Act of 2003) that
were applicable to the allotment of funds under such section
for fiscal year 2003.
``(II) The requirements for the allotment of funds to the
States contained in section 132(b)(2)(B) of this Act (as in
effect on the day before the date of enactment of the
Workforce Reinvestment and Adult Education Act of 2003) that
were applicable to the allotment of funds under such section
for fiscal year 2003.
``(III) The requirements for the allotment of funds to the
States that were contained in section 6 of the Wagner-Peyser
Act (as in effect on the day before the date of enactment of
the Workforce Reinvestment and Adult Education Act of 2003)
that were applicable to the allotment of funds under such Act
for fiscal year 2003.
``(IV) The requirements for the allotment of funds to the
States that were established by the Secretary for
Reemployment Services Grants that were applicable to the
allotment of funds for such grants for fiscal year 2003.
``(iii) Proportionate application of unconsolidated
formulas based on fiscal year 2003.--In calculating the
amount under clause (i)(II), each of the unconsolidated
formulas identified in clause (ii) shall be applied,
respectively, only to the proportionate share of the total
amount of funds available for allotment under subsection
(b)(2) for a fiscal year that is equal to the proportionate
share to which each of the unconsolidated formulas applied
with respect to the total amount of funds allotted to the
States under all of the unconsolidated formulas in fiscal
year 2003.
``(iv) Rule of construction.--The amounts used to adjust
the allotments to a State under subparagraph (B) for a fiscal
year shall not be included in the calculation of the amounts
under clause (i) for a subsequent fiscal year, including the
calculation of allocation percentages for a preceding fiscal
year applicable to paragraphs (3) and (4) and to the
unconsolidated formulas described in clause (ii).''.
Page 50, line 1, strike ``15 percent'' and insert ``25
percent''.
Page 50, line 5, insert ``and'' after the semicolon;
Page 50, strike lines 6 through 11.
Page 50, line 12, strike ``(iv) 10 percent'' and insert
``(iii) 15 percent''.
Page 61, line 3, strike ``and''.
Page 61, line 5, insert ``and'' after ``employers;''.
Page 61, after line 5, insert the following:
``(iii) reemployment services provided to unemployment
claimants.''.
Page 77, line 22, strike ``$1,001,000,000'' and insert
``$1,250,000,000''.
Page 80, strike lines 4 through 14 (and redesignate
subsection (b) and (c) of section 116 as subsections (a) and
(b) respectively).
Page 80, after line 22, insert the following:
(d) Migrant and Seasonal Farmworker Programs.--Section
167(d) is amended by inserting ``(including permanent
housing)'' after ``housing''.
Page 91, line 20, strike ``recipients'' and insert ``a
recipient''.
Page 108, beginning at line 24, strike ``the English
language and math, and English language acquisition'' and
insert ``the English language and basic math,''.
Page 126, line 25, strike ``Definition of Criminal
Offender.--'' and insert ``Definitions.--''.
Page 128, line 7, strike ``, including essential workplace
skills''.
Page 128, line 12, strike ``family'' and insert ``Family''.
Page 129, line 16, strike the period and insert a
semicolon.
Page 129, line 17, strike ``whether or not''.
Page 129, line 24; page 130, lines 1, 4, 8, 10, 17, and 22;
and page 131, lines 3, 10, and 14, strike the term
``whether'' each place such term appears.
Page 130, line 5, insert ``when appropriate and
scientifically based,'' after ``real-life contexts,''.
Page 131, line 15, strike ``is of'' and insert ``are of''.
Page 131, after line 18, insert the following:
[[Page H3808]]
``(e) Special Rule.--Eligible providers may use grant funds
under this title to serve children participating in family
literacy programs assisted under this part, provided that
other sources of funds available to provide similar services
for such children are used first.
Page 140, strike lines 8 through 15 and insert the
following:
(a) In General.--There is established the National
Institute for Literacy. The Institute shall be administered,
in accordance with this part, under the supervision and
direction of a Director. There shall be an agreement between
an Interagency Group (comprised of the Secretary of
Education, the Secretary of Labor, and the Secretary of
Health and Human Services) and the Institute on how the
purposes of the Institute may be achieved effectively. Such
agreement--
(1) shall be regularly reviewed, and modified as needed to
remain current with any changes in the purposes of the
Institute; and
(2) shall be updated no later than 1 year after the
enactment of this part.
Page 140, lines 17 through 19, strike ``The Board
(established under section 216 of this part), in consultation
with the Secretary of Education,'' and insert ``The
Interagency Group''.
Page 140, line 23, insert ``If a vacancy in the position of
the Director of the Institute occurs, the Interagency Group
shall appoint an Interim Director until such time as a new
Director can be appointed.'' after ``and adults.''.
Page 141, lines 5 and 6, strike ``, if approved by the
Board,''.
Page 141, beginning at line 8, strike all of section 213
and insert the following:
SEC. 213. ADMINISTRATION.
(a) In General.--The Director of the Institute shall be
responsible for administering the Institute. The Director of
the Institute shall--
(1) provide leadership for the Institute, consistent with
the purposes described in section 211(b);
(2) supervise all employees in the Institute;
(3) assign responsibility to carry out the duties of the
Institute among officers ad employees, and offices of the
Institute;
(4) prepare requests for appropriations for the Institute
and submit those requests to the Interagency Group;
(5) oversee the expenditure of all funds allocated for the
Institute to carry out the purposes under section 211(b); and
(6) ensure that the Institute's standards for research
quality are consistent with those promulgated by the
Institute for Education Sciences.
(b) Offices.--The Institute shall have separate offices
from the Department of Education, the Department of Labor,
and the Department of Health and Human Services, and shall
have maximum flexibility in its operations to carry out the
purposes of the Institute.
(c) Administrative Support.--The Secretary of Education
shall provide administrative support for the Institute,
including the administration of grants, contracts and
cooperative agreements, personnel, legal counsel, and
payroll.
Page 144, line 5, insert ``Director of the'' before
``Institute''.
Page 144, line 17, strike ``, when requested, policy and''.
Page 145, after line 23, insert the following (and make
such conforming changes as are necessary):
(8) develop an Internet site that provides useful
information to educators and the public on reading literacy
that is consistent with the purposes described in section
211(b).
Page 146, lines 14 through 17, strike ``The Institute, in
consultation with the Board, may award fellowships, with such
stipends and allowances as the Director of the Institute
considers necessary,'' and insert ``The Director of the
Institute may award fellowships, with such stipends and
allowances as necessary,''.
Page 147, lines 3 and 4, strike ``The Institute, in
consultation with the Board,'' and insert ``The Director of
the Institute''.
Page 148, line 16, strike ``work closely with'' and insert
``provide advice to''.
Page 148, strike lines 20 through 24 (and make such
conforming changes as are necessary).
Page 150, lines 10 and 11, strike ``The Board, in
consultation with the Director of the Institute,'' and insert
``The Director of the Institute''.
Page 151, line 18, strike ``Labor and Human Resources'' and
insert ``Health, Education, Labor, and Pensions''.
Page 152, after line 12, insert the following (and make
such conforming changes as are necessary):
(3) the term ``Interagency Group'' means the Secretary of
Education, the Secretary of Labor, and the Secretary of
Health and Human Services;
(4) the term ``literacy'' means the ability to read, write,
and speak the English language with competence, knowledge,
and comprehension; and
Page 153, line 4, insert ``the administration of'' after
``such amounts for''.
Page 153, after line 12, insert the following:
PART C--GENERAL PROVISIONS
SEC. 241. TRANSITION.
The Secretary shall take such actions as the Secretary
determines to be appropriate to provide for the orderly
implementation of this title.
The CHAIRMAN. Pursuant to House Resolution 221, the gentleman from
California (Mr. McKeon) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California (Mr. McKeon).
Mr. McKEON. Mr. Chairman, I yield myself such time as I may consume.
I rise to offer this bipartisan amendment which contains a number of
changes to improve the underlying bill that will help millions of
unemployed Americans find jobs.
The amendment revises the formula for allocation of funds to States
under the consolidated adult funding stream. The amendment includes a
hold harmless provision for States so that in each year each State will
receive at least what that State would have received under the current
formulas for the three adult employment and training programs. It also
creates a two-part formula reflective of the population to be served
while minimizing the large swings from year to year in funding among
States.
The amendment revises the factors for the youth formula for
allocation of funds to States to better reflect available data on
youth. It also clarifies that the new formula applies only to funds
appropriated in excess of the level of funds appropriated in 2003.
While better targeting the resources, this provision will ensure that
States are not adversely affected by this formula revision.
The amendment makes TANF a mandatory partner in the one-stop career
center system unless the governor of the State notifies the Secretaries
of Labor and of Health and Human Services that the governor does not
want the TANF program to be a mandatory partner. Including TANF in the
one-stop centers will help provide a continuum of services for welfare
participants. Individuals no longer receiving cash assistance will be
able to continue to access job search, counseling and training services
available through WIA. This continuity should help individuals become
self-sufficient.
The amendment reinstates the requirement that youth providers be
selected by competitive process, unless the local board determines that
there are insufficient numbers of eligible providers of youth services
in the local area involved.
The amendment clarifies that State-recognized tribes may continue to
participate in the WIA program for Native Americans.
The amendment provides that the National Institute for Literacy is
under the direction of an interagency group, composed of the Department
of Education, the Department of Labor and the Department of Health and
Human Services. This is current law.
The amendment makes additional clarifying, technical and conforming
amendments to Titles I and II.
These amendments, Mr. Chairman, will ensure that workers have better
access to the benefits included in the bill. As with the rest of the
bill, these improvements will help hundreds of thousands of Americans
who are searching for good and stable new jobs.
I urge my colleagues to adopt this amendment.
Mr. Chairman, I reserve the balance of my time.
The CHAIRMAN. Does any Member seek time in opposition?
Mr. KILDEE. Yes, Mr. Chairman. I ask unanimous consent to claim the
time in opposition although I am not in opposition.
The CHAIRMAN. Is there objection to the request of the gentleman from
Michigan?
There was no objection.
Mr. KILDEE. Mr. Chairman, I yield as much time as he may consume to
the gentleman from Wisconsin (Mr. Kind).
(Mr. KIND asked and was given permission to revise and extend his
remarks.)
Mr. KIND. Mr. Chairman, I thank my friend for yielding me time.
Mr. Chairman, as a member of the Committee on Education and the
Workforce, I rise not in opposition to the technical amendment, but I
do oppose the underlying bill.
Mr. Chairman, I, along with other members on the committee, have
worked hard to try to work in a bipartisan fashion in the committee to
produce bills that we feel comfortable that both sides of the aisle can
support. Unfortunately, I cannot say that that is true with this
legislation before us
[[Page H3809]]
today. I think it is a significant step in the wrong direction in
regards to the workforce investment legislation to where we need to go.
Just last month, Mr. Chairman, the Department of Labor revised their
unemployment rate to 6 percent. We lost approximately 48,000 jobs in
the last month alone, which is approximately the size of my hometown,
La Crosse, Wisconsin. Over the last 2 years we have lost 2.7 million
jobs in this economy, and I think the American people are going to have
to ask at some point whether this administration is capable of
producing one new job during the 4 years in which they are in charge.
Right now they are working from a 2.7 million job loss hole, and I
think that question is very seriously in doubt right now.
This would have provided a perfect vehicle, as the gentleman from
Michigan (Mr. Kildee) tried to accomplish in the committee, for the
extension of unemployment benefits which will soon expire and
Congressional Budget Office shows that for every dollar spent for the
extension of these unemployment benefits, it provides a $1.74 return on
economic stimulus in the economy, unlike the tax exemption on corporate
dividends that the President is proposing, which will only return 9
cents on the dollar in economic stimulus for our economy.
There are very few tools at our disposal that can actually have an
impact on economic growth and job creation in this country. This is one
of them, and that is why it is so essential that we work hard in a
bipartisan fashion to structure a piece of legislation that is going to
make sense for the 2.7 million who are currently out of work and for
the changing needs of the workforce in this century.
Unfortunately, this bill actually reduces preventative in-school
youth training programs targeted at students before they may drop out
of school, and it consolidates adult employment and training programs
into one block grant, removing many of the Federal performance and
accountability measures that make the Workforce Investment Act a
quality workforce program.
In addition, H.R. 1261 requires participating partners, and this is
significant because this is what's going to lead to the reduction of
program funding; it requires participating partners to contribute an
unlimited amount towards infrastructure costs for these one-stop
centers. This sets the stage for reducing job training programs by
taking money away from the participating partners of this act such as
veterans employment programs, Perkins vocational education program, and
the vocational rehabilitation program. These programs have already been
severely slashed because of the current state of State budgets, and the
provision will only further jeopardize these valuable funding streams.
Specifically, I am concerned that the rerouting of funding could have
a devastating impact on the Wisconsin technical college system's
abilities to provide training and education for students. Over 8,000
dislocated workers alone looked to Wisconsin technical colleges in just
recent months for education and job retraining. I foresee it also
having a negative impact on our State's economy because it will not be
able to provide students with the academic foundation and technical
skills that will make them workforce ready.
We have made significant progress under the Workforce Investment Act
in recent years in regards to the direction of job training
opportunities in our community. We are very proud of the one-stop job
centers, the workforce investment boards, the public-private
partnerships that have been established back in the State of Wisconsin
in regards to these programs and the tremendous amount of good it has
done to so many of our citizens during a particularly tough run of our
Nation's economy.
I believe we can do much better with this underlying piece of
legislation, and hopefully as we move forward with the process in
working with the Senate that we are going to be able to refine some of
these points I have highlighted here today to produce a job training
and workforce development bill that is going to add to our economic
growth and help create more jobs in our economy at a time when we
desperately need it.
I thank my friend again from Michigan for the leadership that he has
shown on this issue, the experience that he is providing and also for
yielding me this time.
Mr. McKEON. How much time do we have left?
The CHAIRMAN. The gentleman from California (Mr. McKeon) has 2\1/2\
minutes remaining, and the gentleman from Michigan (Mr. Kildee) 30
seconds remaining.
Mr. KILDEE. Mr. Chairman, I yield back my time.
Mr. McKEON. Mr. Chairman, I yield the balance of our time to the
gentleman from Ohio (Mr. Boehner), the chairman of the committee.
Mr. BOEHNER. Mr. Chairman, let me clarify some of the remarks that my
good friend from Wisconsin was making during his presentation.
Right now we have taken the 63 Federal job training-retraining
programs back in the late 1990s and ran them into three funding streams
to the States. What we propose to do in this bill is to reduce that to
one funding stream. This idea of we are block granting this to the
States and giving full discretion to the governor is just not true.
{time} 1330
Under the bill, we require that half of the funds go directly to the
local boards. Of the half that stays at the State, the State must use
50 percent of that money to assist and provide services to local
boards.
So when we begin to look at how this program will be enhanced, at
least 75 percent of the money will be spent by our local boards. The
other 25 percent is given to the governors based on their need to react
to unemployment problems, sudden unemployment problems somewhere else
in the State where additional assistance may be needed.
In the bill we also provide much more local control by our local
boards. Our vision when we started this was to give local businesses
and local community leaders the ability to control what happens in
terms of how these monies are spent and the types of services that are
provided. I do believe that it is going to result in not only better
services, but better outcomes for our workers.
Let me make one other point that has been referred to several times
where we eliminate the funding in this bill for in-school youth
activities. There are a tremendous number of programs already designed
to deal with in-school youth who could possibly be in danger or risk of
dropping out. We should focus the limited youth resources we have in
this bill to out-of-school youth or in-school youth outside of school
time because there is not as much money as we would like to spend in
these programs. There are sufficient programs for in-school youth
during the school day.
We are trying to better target our resources to get better results
for those at-risk students who may in fact be thinking of dropping out
of school.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from California (Mr. McKeon).
The amendment was agreed to.
The CHAIRMAN. It is now in order to consider amendment No. 2 printed
in House Report 108-92.
Amendment No. 2 Offered by Mr. Allen
Mr. ALLEN. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 2 offered by Mr. Allen:
Page 13, line 7, insert ``, administrators of entities
providing adult education and literacy activities,'' after
``school systems''.
The CHAIRMAN. Pursuant to House Resolution 221, the gentleman from
Maine (Mr. Allen) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Maine (Mr. Allen).
Mr. ALLEN. Mr. Chairman, I yield myself such time as I may consume.
This amendment directs governors to appoint administrators of adult
education and literacy programs to be members of local workforce
investment boards. That is the current law but the underlying bill
strips that provision out of the proposal.
This amendment would ensure that workforce investment boards are
well-informed when developing strategies to strengthen and improve our
Nation's workforce. Business and workforce representatives need to be
aware of all
[[Page H3810]]
that the adult education system can offer.
As the participation in adult education continues to grow, we must
expand and support a strong relationship between the education
community and the business sector. The better educated and informed our
workforce, the better our businesses can compete in the global economy.
We know that a person with a college degree earns more than $1 million
in the course of his or her lifetime as compared to someone with a high
school diploma. Clearly education is a vital part of developing a
successful workforce. Adult educators must continue to have a voice in
workforce development, and that is what my amendment would provide.
I am told that the majority has agreed to support this amendment. I
thank the gentleman from Ohio (Mr. Boehner) and the gentleman from
California (Mr. McKeon) for their help in preserving active
communication between the education and business communities to ensure
a sufficient and quality workforce.
Mr. Chairman, I reserve the balance of my time.
The CHAIRMAN. Does any Member seek the time in opposition?
Mr. McKEON. Mr. Chairman, although I do not oppose the amendment, I
ask unanimous consent to claim the time in opposition.
The CHAIRMAN. Without objection, the gentleman from California (Mr.
McKeon) is recognized for 5 minutes.
There was no objection.
Mr. McKEON. Mr. Chairman, I yield myself such time as I may consume.
As I stated, we do not oppose the amendment. We feel that it will
improve the bill. This amendment ensures that administration of
entities providing adult education and literacy activities are included
in the membership of each local board. The composition of the local
workforce boards have been streamlined in H.R. 1261, and it is
important that participants in adult education are represented on the
local boards alongside superintendents of the local secondary school
system and the presidents and chief executive officers of secondary
educational institutions.
Mr. Chairman, I thank the gentleman for picking this up and offering
the amendment, and we would be happy to accept the amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. ALLEN. Mr. Chairman, I thank the gentleman for his support, and I
yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Maine (Mr. Allen).
The amendment was agreed to.
The CHAIRMAN. It is now in order to consider amendment No. 3 printed
in House Report 108-92.
Amendment No. 3 Offered by Mr. Vitter
Mr. VITTER. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 3 offered by Mr. Vitter:
Page 18, line 5, insert ``, and how the centers ensure that
such providers meet the employment needs of local employers
and participants'' after ``partners''.
Page 21, line 18, insert ``how the centers ensure that such
providers meet the needs of local employers and
participants,'' after ``providers,''.
The CHAIRMAN. Pursuant to House Resolution 221, the gentleman from
Louisiana (Mr. Vitter) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Louisiana (Mr. Vitter).
Mr. VITTER. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, today with the Workforce Investment Act, we are
addressing perhaps our best and most valuable resource in this economy
and this society, which is people.
This bill, along with the economic stimulus package slated for
tomorrow, are the results of a Congress and President who are focused
on important issues relating to the economy, jobs, employment, and job
training.
In my home State of Louisiana, we are working together at every
level, State, regional and local, to improve our workforce and create
real jobs, too. Passage of the Workforce Investment Act will advance
those goals, and certainly we look forward to that.
But just as we expect government on all levels to work together
toward this end, we certainly need to make sure that employers,
training centers, potential employees, also all work together as
seamlessly as possible. So my amendment is designed to improve the bill
in that respect. It is a very simple and commonsense amendment, but one
that I think is important to our overall goals.
In two sections of the bill, the section that sets out criteria for
certification of one-stop centers and the section that sets out the
criteria governors will use to determine eligibility for Federal funds,
concise language is inserted that will ensure that the needs of local
employers are taken into account. This gives input to those employers
who at the end of the job training and education process will be asked
and expected to hire newly trained workers.
Right now in some situations, including in my home State of
Louisiana, there is a real gap. There are jobs there on the ground even
in a relatively poor economy, but there is not the hired workforce to
fill those jobs at the local level. A quick example, Avondale Shipyards
in the Northrop Grumman Ship Systems, one of the biggest private
employers in the whole State of Louisiana, busses in dozens of skilled
workers every day from Mississippi because people with those specific
job skills are not available immediately in the metro New Orleans area.
This amendment is a simple, commonsense amendment to try to fill that
gap, to try to make sure that we train up workers in areas where there
are jobs waiting in the economy. This will not only serve employers who
need to fill those jobs, if possible, at the local level without
resorting to bussing in workers or resorting to foreign workers. And,
of course, it will also serve workers who want to be trained up, and
most of all, want a good job to walk into at the end of their training.
With that, I want to congratulate the gentleman from Ohio (Mr.
Boehner) and the gentleman from California (Mr. McKeon) for their good
work.
Mr. BOEHNER. Mr. Chairman, will the gentleman yield?
Mr. VITTER. I yield to the gentleman from Ohio.
Mr. BOEHNER. Mr. Chairman, I think the gentleman from Louisiana (Mr.
Vitter) makes a valuable contribution to the bill. I believe Members
ought to support the amendment, and we would be happy to include it.
The CHAIRMAN. Does any Member claim the time in opposition?
Mr. KILDEE. Mr. Chairman, I ask unanimous consent to claim the time
in opposition, although I do not oppose the amendment.
The CHAIRMAN. Without objection, the gentleman from Michigan (Mr.
Kildee) is recognized for 5 minutes.
Mr. KILDEE. Mr. Chairman, I yield such time as he may consume to the
gentleman from Oregon (Mr. Blumenauer).
Mr. BLUMENAUER. Mr. Chairman, numbers that were released today show
that Oregon continues to record the highest jobless rate in the Nation
at 7.6 percent. Since this administration took office, my State has
lost 28,600 jobs, and over 2.5 million private sector jobs have been
lost nationwide.
Rather than addressing directly this grave problem by focusing on
investments and programs that could put people back to work today; for
example, simply repairing bridges that are falling apart all across
America, the proposal is to tamper with valuable worker retraining
programs that are actually making a positive difference.
I agree with the gentleman from Ohio (Mr. Boehner) that there was
some outstanding work that was done in 1998 under the leadership of the
gentleman from California and the gentleman from Michigan. I think
there were important changes, but this legislation is an unfortunate
attempt to not just rearrange the deck chairs on the Titanic, but pull
them out from underneath some victims.
The most optimistic outcome is that it will cause a disruption in
some services that people need. It fails to address the pressing needs
of disadvantaged and unemployed workers around the Nation, fails to
provide enhanced funding, and fails to strengthen the State and local
publicly provided unemployment services. The changes in this bill do
little to improve the situation for hard-hit working families in the
current economic downturn in my community.
[[Page H3811]]
Not only are we bringing forward legislation that at best is
disruptive, they are preventing opportunities by Democrats to help our
constituents. The House rule that brought the bill forward denied us an
opportunity to vote on an amendment to extend unemployment insurance
benefits by 26 weeks for newly unemployed workers.
My constituents tell me this legislation could not come at a worse
time. We are taking money potentially from programs that work and are
well-managed, and handing them back in a block grant form, to a certain
extent, to governors in States that are operating in a crisis mode, and
the money could end up anywhere.
At a cumulative budget shortfall of over $70 billion, our States are
facing the worst financial crisis since World War II. It is time for us
to keep our funding commitments for programs that work instead of
reshuffling programs, making it harder to keep our promises.
I have no objection to the Vitter amendment. I did want to have an
opportunity to clarify my concerns, and hope that we as a Congress
before we adjourn this spring are able to come forward with something
that will make a difference helping the economy in areas for people
that need it.
Mr. VITTER. Mr. Chairman, I yield such time as he may consume to the
gentleman from Ohio (Chairman Boehner) to address the comments on the
bill by the gentleman from Oregon.
Mr. BOEHNER. Mr. Chairman, I support the Vitter amendment, but let me
just clarify for Members what we are doing here in the reauthorization
of WIA.
This is nothing more than a fine-tuning effort, further streamlining
the funding stream, further clarifying that we expect the local boards
to get most of the money to provide the resources, and to give the
local boards the flexibility to provide high quality services to men
and women in their communities who have needs.
I think the amendment offered by the gentleman from Louisiana (Mr.
Vitter) says we need to consider what the needs are in the local
communities and is in fact a valuable contribution. But no one should
believe that we are doing a complete overhaul of the Workforce
Reinvestment Act. These one-stop shops around the country by and large
have begun to work very well.
What we are trying to do here in this reauthorization is to make
those changes to help the one-stops do a more effective job in their
local communities, and to provide the governors and the local boards
with the kind of flexibility they need to look at the broad needs of
the workforce, whether it is training, retraining, preparing people for
better jobs in their communities.
We believe that the underlying bill does in fact make this much more
likely because services will be offered more efficiently, the use of
the resources will be more efficient. Thus, we believe that the
outcomes, the results of all of this, will give us better services and
better outcomes at home.
{time} 1345
Mr. KILDEE. Mr. Chairman, I yield the balance of my time to the
gentlewoman from Texas (Ms. Jackson-Lee).
The CHAIRMAN. The gentlewoman from Texas is recognized for 2\1/2\
minutes.
Ms. JACKSON-LEE of Texas. Mr. Chairman, if my colleagues want to know
about jobs and job loss, they do not have to go any farther than
Houston, Texas, when just about 2 years ago, Enron Corporation laid off
thousands of employees that are now still suffering, an action that has
built upon the increasing unemployment rate across the Nation.
Mr. Chairman, I would have liked to have been on the floor of the
House today joining with my good friends on the other side of the aisle
in passing a bill that would truly deal with workforce reinvestment and
adult education. But in actuality what this does is rather than
responding to the needs of the unemployed by extending unemployment
benefits or including a jobs creation package, H.R. 1261 will repeal
dedicated funding for vulnerable workers in America. It will probably
impact Harris County and Houston, Texas, in a devastating way because,
Mr. Chairman, we are still confronting the question of those unemployed
workers.
Further, I would say that to my dismay, this bill gives to Governors
the right to take unspecified amounts of funds from adult education,
crucial, from disability and veterans services, crucial, and to cut job
opportunities for the youth. Clearly, this is not a bill that creates
jobs or responds to the needs of those who are in need.
And then I am disappointed that the Committee on Rules did not
understand that our job is to create greater access to jobs, and that
means that an amendment that I offered that dealt with the question of
having online access to being able to get the training and the
resources was an amendment that was not put in order, along with 12 to
13 other amendments of Democrats. If we are truly in the business of
creating jobs, we would have done this in a bipartisan manner.
And then I think the ultimate insult, Mr. Chairman, of this
legislation, and I am a believer in the first amendment, the freedom of
religion, the freedom of speech, the freedom of association; but this
Congress cannot in the year 2003 with the representations from Members
of the other body about individuals' life-style or the individual's
support of a President who would support segregationist policies, we
cannot go on record in this body against civil rights, against civil
liberties. This particular legislative initiative blindly allows
individual groups to be able to discriminate against individuals on the
basis of their religious beliefs.
Mr. Chairman, we can do better. I would think that we would want to
do better. I would hope that my colleagues would vote this down, this
legislative initiative, so we could go back to the drawing board and
serve the American people as we should.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Louisiana (Mr. Vitter).
The question was taken; and the Chairman announced that the ayes
appeared to have it.
Mr. VITTER. Mr. Chairman, I demand a recorded vote, and pending that,
I make the point of order that a quorum is not present.
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings
on the amendment offered by the gentleman from Louisiana (Mr. Vitter)
will be postponed.
The point of no quorum is considered withdrawn.
It is now in order to consider amendment No. 4 printed in House
Report 108-92.
Amendment No. 4 Offered by Mr. Kline
Mr. KLINE. Mr. Chairman, pursuant to the rule, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 4 offered by Mr. Kline:
Page 18, line 18, strike ``subsection (b)'' and insert
``subsection (b)(1)(B) and participating additional partner
programs described in (b)(2)(B)''.
Page 18, strike lines 21 through 25 and insert the
following:
``(B) Determination of governor.--Subject to subparagraph
(C), the Governor, in consultation with the State board,
shall determine the portion of funds to be provided under
subparagraph (A) by each one-stop partner and in making such
determination shall consider the proportionate use of the
one-stop centers by each partner, the costs of administration
for purposes not related to one-stop centers for each
partner, and other relevant factors described in paragraph
(3).
``(C) Limitations.--
``(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 limitations with respect
to the portion of funds under such programs that may be used
for administration.
``(ii) Federal direct spending programs.--Programs that are
Federal direct spending under section 250(c)(8) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 900(c)(8)) shall not, for purposes of this paragraph,
be required to provide an amount in excess of the amount
determined to be equivalent to the proportionate use of the
one-stop centers by such programs in the State.''.
Page 19, line 3, insert ``in accordance with the formula
established under paragraph (3)'' after ``local area''.
Page 20, line 2, strike ``subsection (b)'' and insert
``subsection (b)(1)(B) and participating partner programs
described in subsection (b)(2)(B), or the noncash resources
available under such programs''.
The CHAIRMAN. Pursuant to House Resolution 221, the gentleman from
[[Page H3812]]
Minnesota (Mr. Kline) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Minnesota (Mr. Kline).
Mr. KLINE. Mr. Chairman, I yield myself 3 minutes.
Mr. Chairman, I am pleased to offer an amendment to H.R. 1261 that
remedies concerns raised about the funding of one-stop development
centers. Under current law, each partner program in the WIA system is
to contribute to the cost of infrastructure for one-stop career
centers. Unfortunately, many partners do not contribute as intended and
the process for determining each partner's share has proved to be
cumbersome at best. As a result, WIA has been left to cover the one-
stop center infrastructure costs, and fewer funds have been available
for the provision of services and training for individuals.
H.R. 1261 recognizes the problems of saddling WIA with most of the
infrastructure costs and takes the steps to remedy those problems. H.R.
1261 requires partner programs to help pay administrative and
infrastructure costs. The amount is determined at the State level in
consultation with the State workforce investment board. Under the bill,
the directors of mandatory partner programs will sit on this board,
giving them a voice in the negotiation. Under H.R. 1261, the Governor
makes the final determination of the appropriate amount of funding to
be provided by each partner program. Unfortunately, this provision
caused partner programs to be concerned that the Governor would be able
to take needed program dollars away from direct services in order to
pay for administrative costs at the one-stop career centers.
My amendment solves this problem by ensuring the administrative
funding requirements will not cut into funding for the services program
partners provide. My amendment will require the Governor to consult
with the State board to determine the proportionate use of the one-stop
centers by each partner. This consideration will ensure a program
accounting for 10 percent of the usage of the center would not be
responsible for 50 percent of the infrastructure costs. The Governor
and the State board would also consider any additional administrative
costs each program must cover in addition to those costs associated
with the participation in the one-stop centers. This will ensure that
program dollars intended for services to individuals are not spent on
infrastructure costs.
Some may suggest that it would be better to create a new Federal
program to cover infrastructure costs. Rather than create yet another
government program, I would prefer to improve the program we have. When
WIA passed in 1998, Congress expected the partner programs to pay their
portion of the administrative costs of operation. The process outlined
in H.R. 1261, as modified by my amendment, will ensure this happens
while maintaining flexibility to each State to set the standards that
work best for them. I think we would all agree that one of the
hallmarks of WIA, the one-stop career center system, benefits both job
seekers and the programs themselves. The centers provide individuals
with streamlined access to a variety of programs and improve the
efficient delivery of service. We cannot, however, expect these robust
relationships to continue without reasonable, proportional financial
participation. By streamlining the process, H.R. 1261 ensures the best
use of investment by partner programs.
I urge my colleagues to support the amendment.
Mr. Chairman, I reserve the balance of my time.
The CHAIRMAN. Does any Member seek the time in opposition?
Mr. KILDEE. Mr. Chairman, I claim the time in opposition.
The CHAIRMAN. The gentleman from Michigan (Mr. Kildee) is recognized
for 5 minutes.
Mr. KILDEE. Mr. Chairman, I yield myself such time as I may consume.
The Kline amendment makes marginal improvements to the bill, but it
does not reduce the funding that can be taken from veterans programs
and programs serving individuals with disabilities. Instead, the Kline
amendment puts this funding, and the services which it provides, at
risk. I have two letters from leading organizations representing
veterans and individuals with disabilities. Let me read from the letter
from the National Rehabilitation Association:
``The Kline amendment would, we regret to say, have the unintended
consequence of diverting deserving dollars from individuals with
disabilities who want to work to fund a one-stop system which remains
to this day largely inaccessible both programmatically and physically
to individuals with disabilities.''
Let me also read a part of the letter from the Paralyzed Veterans
Association of America:
``This amendment will not protect the disabled veterans outreach
program and local veterans employment representatives services because
the authorizing language for those programs sets no specific limits on
administrative costs. As a result, the full amount of money
appropriated for DVOPs and LVERs could, ostensibly, be directed by
Governors to be used for one-stop infrastructure expenses.''
Clearly, this amendment does not address the critical issues of this
legislation. It does, however, make marginal improvements. For that
reason, I will not oppose it, but wish that we could get together at
some point and try to improve the language.
National Rehabilitation
Association,
Alexandria, VA, May 8, 2003.
Dear Representative: As President and Executive Director of
the National Rehabilitation Association, respectively, we
have continuing concerns regarding the one-stop funding
structure being proposed for mandatory and additional
partner's participation in H.R. 1261 and in the
proportionality approach to that funding embodied in the
Kline amendment which was made in order under the Rule
granted yesterday to this bill.
The National Rehabilitation Association was established in
1925 and is the longest-serving and one of the strongest
advocates in ensuring the rights of individuals with
disabilities are respected and realized. Our mission is to
promote ethical and excellent practice in the field of
vocational rehabilitation.
The Workforce Investment Act (WIA) comprises in Title IV
programs administered under the Rehabilitation Act of 1973,
as amended. The Public VR Program, as it is commonly known,
is an accountable, eligibility-based employment program
dedicated to the education, job training and counseling,
career placement and independence of individuals with
disabilities, including those individuals with significant
disabilities.
The Public VR Program, being the productive partner that it
is and always has been, continues to partner at the one-stops
on a cost-allocation basis, consistent with OMB guidelines.
The Kline amendment would, we regret to say, have the
unintended consequence of diverting deserving dollars from
individuals with disabilities who want to work to fund a one-
stop system which remains to this day largely inaccessible
both programmatically and physically to individuals with
disabilities.
The impact on individuals with disabilities is clear: If
individuals with disabilities cannot get through the door of
the one-stop shops, or do not find meaningful access to
employment information once inside, these individuals will
not become employed and may be forced to seek public
assistance in lieu of advancing or initiating a career.
H.R. 1261 reneges on a promise by Congress to safeguard the
separate funding stream of the Public VR Program, and in
doing so, exposes the Public VR Program to a one-stop system
that does not have a proven or uniform track record of
accountability, according to a recent General Accounting
Office (GAO) Report, and other well-respected organizations.
Both H.R. 1261 and the Kline amendment do not appreciate
that the one-stops do not now have--nor have ever had--the
qualified staff who provide comprehensive services and
supports that individuals with disabilities require in
seeking the dignity of work in an increasingly one-size-fits-
all employment environment. These requirements include
qualified rehabilitation counselors and other qualified
professionals employed by accountable State Agencies, in
conjunction with their Community Rehabilitation Program
Partners (CRPs), who include private providers, employers
and businesses.
Most importantly, the Kline amendment does not define the
term ``proportionality'' and, accordingly, we are unsure of
how and if this approach would work to the benefit of all
individuals with disabilities who want to work.
Relatedly, the Public VR Program does not have a separate
line item funding stream for administrative costs or a cap on
administrative costs, which we believe, further complicates
participation of the Public VR Program at the one-stops other
than on a cost-allocation basis.
The untested, unproven proportionality approach advanced by
the Kline amendment simply does not--and cannot--protect the
millions of eligible individuals with disabilities who will
benefit from the comprehensive services and supports that
only the Public VR program can provide individuals with
disabilities who want to work.
The Public VR Program has been doing more with less for
years. Presently, there are
[[Page H3813]]
37 State Agencies on an Order of Selection, which places a
priority of service on those individuals with the most
significant disabilities. The waiting lists for the holistic
services and supports that only the Public VR Program can
provide individuals with disabilities increase everyday.
While the Public VR Program has served and secured
employment for millions of eligible individuals with
disabilities for decades, because of years of woeful
underfunding, the following State Agencies cannot now serve
all of the thousands upon thousands of eligible individuals
with disabilities who seek the dignity of work and the
comprehensive services that only the Public VR Program
provides individuals with disabilities include, by Region:
Region I--Connecticut General, Maine General and Blind
Agencies, Massachusetts General Agency, Rhode Island and
Vermont General.
Region II--New Jersey General; the Virgin Islands.
Region III--Delaware Blind Agency, Maryland, Pennsylvania
and West Virginia General Agencies.
Region IV--Georgia and Kentucky General and Blind Agencies,
Mississippi, North Carolina, General Agency and Tennessee.
Region V--Illinois, Minnesota General, Ohio and Wisconsin.
Region VI--Iowa General, Kansas, Missouri General, Nebraska
General.
Region VIII--Colorado; North Dakota.
Region VIII--Colorado, North Dakota.
Region IX--Arizona, California, Hawaii.
Region X--Oregon Blind, Washington State General Agency.
As we mentioned previously, these are the State Agencies
that maintain continually-increasing waiting lists for
eligible individuals with disabilities who want to share in
the American Dream by having a career, owning a home, being
able to support a family and living independently in their
communities.
While having a career is the primary goal of the Public VR
Program, this can only become a reality with a solid plan for
employment developed with and supported by the Public VR
qualified professionals in conjunction with the individual.
The Kline amendment does not and cannot solve the problems
that individuals with disabilities continue to confront at
the one-stops.
Just think about it. The Public VR Program is funding the
administration of an inaccessible one-stop program--which is
absent qualified staff and accountability--with funds
designated for supporting the poorest group in our society
with the highest unemployment rate and the majority of the
community living below the poverty line.
Given the continuing, critical concerns the disability
community at large has with the absence of accessibility,
accountability and qualified staff at the one-stops, the
National Rehabilitation Association cannot and will not
support H.R. 1261.
Respectfully Submitted,
L. Robert McConnell, Ph.D.,
President.
Michelle Vaughan, MBA,
Executive Director.
____
Paralyzed Veterans of America,
Washington, DC, May 8, 2003.
Hon. John Tierney,
House of Representatives,
Washington, DC.
Dear Congressman Tierney: On behalf of Paralyzed Veterans
of America (PVA), I want to thank you for offering your
amendment to create line item funding for the operating costs
of one-stops under H.R. 1261. This would have been the surest
way to protect veterans' employment programs from damaging
diversion of funds authorized by the subject bill.
Regrettably, the Rules Committee rejected your amendment
and approved one that requires states, in determining funds
to be taken, to consider the proportionate use of the one-
stop centers by each partner, the costs of administration
unrelated to the use of the one-stop center by each partner
and other relevant factors. This amendment further requires
that the funds provided by the one-stop partner programs for
infrastructure costs are to be provided from funds available
for administrative costs under the program and that those
funds would be subject to whatever administrative cost limits
are applicable to that program.
This amendment will not protect the disabled veterans
outreach program (DVOP) and local veterans' employment
representatives (LVERs) services because the authorizing
language for those programs sets no specific limits on
administrative costs. As a result, the full amount of money
appropriated for DVOPs and LVERs could, ostensibly, be
directed by Governors to be used for one-stop infrastructure
expenses.
Thank you again for your efforts on behalf of veterans and
veterans with disabilities.
Sincerely,
Richard Fuller,
National Legislative Director.
Mr. Chairman, I reserve the balance of my time.
Mr. KLINE. Mr. Chairman, I yield the balance of my time to the
gentleman from Ohio (Mr. Boehner), the chairman of the committee.
The CHAIRMAN. The gentleman from Ohio is recognized for 2 minutes.
Mr. BOEHNER. Mr. Chairman, let me thank my colleague and new member
of our committee, the gentleman from Minnesota (Mr. Kline), for his
important contribution. Many of us believe that the language was
sufficient in the bill, but clearly there were questions raised about
how the determination was going to be made over how much each of the
participating partners were going to contribute to the infrastructure.
The amendment that is offered here does in fact make it clear to the
Governors that there is a proportionate share that each of these groups
will contribute.
Why is this necessary? Unfortunately in some parts of the country,
some groups just decided they were not going to be participating
partners. Our goal here is to have one-stops where all of the providers
of services are there. We are talking about providers of services that
are funded by the Federal Government. They need to be participating.
What we do here is to make sure that they have a financial commitment
to the well-being of these one-stops as well.
The gentleman from Michigan makes a point that not all of these
mandatory partners have administrative funds. Most of them do. Their
participation in the funding of the infrastructure would come from
their own administrative funds. But the one point that he did bring up
was the veterans programs. They have administrative funds and it is
done by regulatory process as opposed to being outlined in statute. And
so we believe that because each of these groups has administrative
funds by some means, the Governors and the statewide WIA board would
take that into consideration in terms of what the proportionate share
of costs should be for each of these groups. I do think the gentleman
from Minnesota makes an important contribution, helps clarify the bill,
and we should support his amendment.
Mr. KILDEE. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Minnesota (Mr. Kline).
The amendment was agreed to.
The CHAIRMAN. It is now in order to consider amendment No. 5 printed
in House Report 108-92.
Amendment No. 5 Offered by Mr. lewis of georgia
Mr. LEWIS of Georgia. Mr. Chairman, pursuant to the rule, I offer an
amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 5 offered by Mr. Lewis of Georgia:
Page 36, line 4, strike ``21'' and insert ``24''.
The CHAIRMAN. Pursuant to House Resolution 221, the gentleman from
Georgia (Mr. Lewis) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Georgia (Mr. Lewis).
Mr. LEWIS of Georgia. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, H.R. 1261 as written leaves out a significant portion
of its targeted population that needs job training. My simple amendment
would extend the eligibility requirement from 21 years of age to 24
years of age for training programs in the Workforce Reinvestment and
Adult Education Act. Existing job training programs such as Job Corps,
YouthBuild, Conservation Corps, and others already use the age range 16
to 24. Extending the age from 21 to 24 will enable the Workforce
Reinvestment and Adult Education Act to coincide with organizations
that benefit from it.
When young people drop out of high school, they are in a suspended
state of adolescence, not taking responsibility for themselves
financially or otherwise. They often are unable to get a job or support
themselves or their children, if they have children. Furthermore, the
needs of the 22- to 24-year-old high school dropouts are more like the
needs of the 18- to 21-year-olds than their counterparts in their late
twenties and thirties. The process of completing their high school
education, preparing for the workforce, the world of work, and
developing the values of responsibility and the sense of belonging to a
community are the difficult tasks of youth, but some have taken a
detour onto the streets or prison. When they get back on track, they
still need to be mentored. They need
[[Page H3814]]
help, a sense of purpose, a sense of direction. They simply have not
learned the skills and responsibilities in the work world to be adults.
This amendment will help our young people meet this goal.
Mr. Chairman, I have visited organizations such as YouthBuild and Job
Corps. I must tell you they do good work. These are good and necessary
programs to help our young people get ahead. I strongly urge my
colleagues, all of my colleagues, to pass this amendment.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. Does any Member seek the time in opposition?
Mr. BOEHNER. Mr. Chairman, I ask unanimous consent to claim the time
in opposition, even though I am not opposed to the amendment.
The CHAIRMAN. Without objection, the gentleman from Ohio is
recognized for 5 minutes.
There was no objection.
Mr. BOEHNER. Mr. Chairman, let me congratulate my friend and
colleague from Georgia for his amendment and make it clear that I
support his amendment.
The amendment ensures that States and local areas have flexibility in
creating their own out-of-school youth program. For instance, a State
may find it beneficial to allow youth who begin participating in an
out-of-school youth program to continue in the program beyond the 21st
birthday in order to complete the program. Often 22-, 23- and 24-year-
olds have many of the same basic educational and job training needs as
youth under the age of 21.
{time} 1400
And I think that the amendment offered by the gentleman from Georgia
(Mr. Lewis) aligns the eligibility age with other programs serving
youth, including JobCorps and Youth Build, and this will allow greater
coordination amongst programs serving youth and could ease the
transition for these youth into employment and self-sufficiency
programs. So I congratulate the gentleman for his amendment and urge my
colleagues to support it.
Mr. LEWIS of Georgia. Mr. Chairman, I thank the gentleman from Ohio
(Mr. Boehner).
Mr. Chairman, I ask unanimous consent to reclaim my time.
The CHAIRMAN. Is there objection to the request of the gentleman from
Georgia?
There was no objection.
The CHAIRMAN. The gentleman from Georgia (Mr. Lewis) has 2\1/2\
minutes remaining.
Mr. LEWIS of Georgia. Mr. Chairman, I yield 1 minute to the gentleman
from Michigan (Mr. Kildee).
Mr. KILDEE. Mr. Chairman, I thank the gentleman for yielding me this
time.
I am very familiar with the group that he is seeking to serve here.
In the City of Flint, Michigan, we have people who really have a sense
to find themselves during that period in their life, and I think
extending this to age 24 is a reasonable thing for us to do and will
make sure that we give those people in that age group that second
chance to find themselves and to set goals for themselves. So I think
this will be something that will add immeasurably to the bill, and I am
very happy that the gentleman has offered the amendment and certainly
urge everyone to support the amendment.
I know the gentleman from Atlanta has been up to my city and I have
been to his city. We have seen youth in this group.
The CHAIRMAN. The gentleman has 1\1/2\ minutes remaining.
Mr. LEWIS of Georgia. Mr. Chairman, I yield such time as she may
consume to the gentlewoman from Texas (Ms. Jackson-Lee).
Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank the gentleman for
yielding me this time.
This is an excellent amendment, and the reason why I say that is
because this is the month of May, when a number of our students are
graduating from college, many of them older than the age originally in
this legislation, and extending this to the age of 24 responds not only
to those students who may be older in our colleges but also to
returning veterans and military personnel who will be older. So might I
just join in supporting this excellent amendment, and I would like to
add as well my support for the amendment to be coming forth of the
gentlewoman from California (Ms. Millender-McDonald) dealing with
single parents and pregnant women and others to expand the opportunity
for training.
So I thank the gentleman for yielding, and I want to say this is a
very progressive but important amendment on helping a large number of
these young people who are in need of these very vital services.
Mr. LEWIS of Georgia. Mr. Chairman, I thank the gentlewoman.
Mr. Chairman, I yield back the balance of my time.
Mr. BOEHNER. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Georgia (Mr. Lewis).
The amendment was agreed to.
The CHAIRMAN. It is now in order to consider amendment No. 6 printed
in House Report 108-92.
Amendment No. 6 Offered by Mr. Kildee
Mr. KILDEE. Mr. Chairman, as designee of the gentleman from Florida
(Mr. Hastings), I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 6 offered by Mr. Kildee:
Page 49, line 10, strike ``80 percent'' and insert ``85
percent''.
Page 49, line 13, strike ``20 percent'' and insert ``15
percent''.
The CHAIRMAN. Pursuant to House Resolution 221, the gentleman from
Michigan (Mr. Kildee) as the designee of the gentleman from Florida
(Mr. Hastings) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Michigan (Mr. Kildee).
Mr. KILDEE. Mr. Chairman, I yield myself such time as I may consume.
We have discussed this amendment with the majority, and we have
agreement upon this.
This amendment simply would increase the amount of funding going to
local areas by a statutorily defined formula.
Mr. Chairman, I yield such time as he may consume to the gentleman
from Florida (Mr. Hastings).
(Mr. HASTINGS of Florida asked and was given permission to revise and
extend his remarks.)
Mr. HASTINGS of Florida. Mr. Chairman, I thank the ranking member for
yielding me this time, and I am thankful for the opportunity for this
intervention.
I rise to offer the amendment to the Workforce Investment Act
Reinvestment and Adult Education Act of 2003. Although this amendment
is a technical one, if enacted, it will result in an increase of need-
based funding for virtually every workforce development board in the
country. In fact, if the administration's fiscal year 2004 budget
request is appropriated, the amendment would result in an increase of
no less than $77.5 million in guaranteed formula or need-based funding
in areas with highest demand for assistance. Specifically, the
amendment requires that no less than 85 percent of the total funds
allocated to local boards under the Comprehensive Employment and
Training Activities for Adults program are formula based. H.R. 1261, as
reported, establishes a formula for this funding that takes into
consideration the unemployment rate of a given area compared with the
entire State and the size of the workforce. Further, it gives priority
to those living in areas of high unemployment as well as disadvantaged
individuals.
I rise today to offer an amendment to the Workforce Reinvestment and
Adult Education Act. Although my amendment is a technical one, if
enacted, it will result in an increase of need-based funding for
virtually every workforce development board in the country.
In fact, if the Administration's Fiscal Year 2004 budget request is
appropriated, my amendment would result in an increase of no less than
$77.5 million in guaranteed formula- or need-based funding in areas
with the highest demand for assistance.
Specifically, the amendment requires that no less than 85 percent of
the total funds allocated to local boards under the Comprehensive
Employment and Training Activities for Adults program are formula-
based. H.R. 1261, as reported, establishes a formula for this funding
that takes into consideration the unemployment rate of a given area
compared with the entire state and size of the workforce. Further, it
gives priority to those living in areas of high unemployment, as well
as disadvantaged individuals.
My amendment ensures that those areas with the highest unemployment
rates and
[[Page H3815]]
need for job training receive the greatest level of immediate and
guaranteed assistance.
Even more, my amendment limits the ability of governors--Democrat or
Republican--to play politics with adult job training and education
funds, as well as those funds intended for dislocated worker
assistance. The amendment is fair, and it is certainly in line with
what Congress intended when it initially passed the Workforce
Investment Act in 1998.
Mr. Chairman, America is faced with an unemployment epidemic of
enormous proportion. Today, 8.8 million hard working Americans are out
of jobs, many for reasons beyond their own control. Nearly 2 million of
them have been without work for 27 weeks, and the average length of
unemployment is almost 20 weeks, the highest since 1984.
Unfortunately, relief is nowhere in site. 4.8 million workers are
stuck in part-time jobs because they can't find full-time work, and
there is a meager one job available for every three unemployed workers
looking.
My amendment sends guaranteed help to those most in need. It places
assistance over politics and ensures that those without jobs receive a
greater level of assistance than they currently do under H.R. 1261.
I urge my colleagues to support my amendment.
Mr. BOEHNER. Mr. Chairman, will the gentleman yield?
Mr. HASTINGS of Florida. I yield to the gentleman from Ohio.
Mr. BOEHNER. Mr. Chairman, I thank the gentleman from Florida for
yielding.
Under the bill 80 percent of the funds are, under formula, to go to
the local boards. This would bring that to 85 percent. I do think it
gives the local boards more certainty over exactly the kind of funding
that they should expect from year to year, would reduce the amount of
dislocation or expectation as to what is coming in. I think he makes a
valuable contribution, and we would be pleased to accept the amendment.
Mr. HASTINGS of Florida. Mr. Chairman, I thank the gentleman.
Mr. KILDEE. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Michigan (Mr. Kildee).
The amendment was agreed to.
The CHAIRMAN. It is now in order to consider amendment No. 7 printed
in House Report 108-92.
Amendment No. 7 Offered by Ms. Millender-McDonald
Ms. MILLENDER-McDONALD. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 7 offered by Ms. Millender-McDonald:
Page 65, line 14, insert ``, including single parents,
displaced homemakers, and pregnant single women,'' after
``individuals''.
The CHAIRMAN. Pursuant to House Resolution 221, the gentlewoman from
California (Ms. Millender-McDonald) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from California (Ms. Millender-
McDonald) on her amendment.
Ms. MILLENDER-McDONALD. Mr. Chairman, I yield myself such time as I
may consume.
I thank the committee for the work that they have done on this act.
I am here today to offer my amendment to H.R. 1261. My concern is
reflected in my amendment, and it is to ensure that all training and
intensive services offered under the Workforce Investment Act continues
to focus on displaced homemakers, single parents, and teen pregnant
parents. It is imperative that displaced homemakers and other women in
need are prepared for employment in nontraditional careers and that
once they are employed they will be able to achieve a level of self-
sufficiency. I have had first hand on this issue as I served as the
director of Gender Equity in Los Angeles.
Men and women go to work because families depend more on women's
income now more than ever before. Today's families with two full-time
incomes are the least likely to live in poverty. Some women work
because they are especially in need of economic independence that a job
brings. Currently, there are 7 million displaced homemakers and 10
million single mothers living in the United States. And given the
economic decline, I want to be certain that these individuals' needs
continue to be met as they will be entering the workforce. As of 2001,
working women were 40 percent more likely to be poor than working men
and 6.6 percent of working women were living below the poverty line,
according to the U.S. Census Bureau.
What we have learned since the JTPA was replaced by the WIA is that
under the former JTPA, 149,356 displaced workers received job training
in 1998, while 42,426 dislocated workers completed job training under
its replacement, the Workforce Investment Act, or WIA, through the end
of 2000. However, these numbers are not reflective of the displaced
homemakers, the single parents, and the teen parents, and these are the
folks who are in dire need of job training. While 40,468 displaced and
dislocated workers were participating in the WIA training service in
2000, and they were women, we still are not recruiting, Mr. Chairman,
or identifying those classes of prospective workers who need the job
training necessary for a productive work success.
Among the adults served by WIA through 2000, 60 percent were women,
78 percent of those whom we talk about were unemployed upon the
registration and 11 percent of whom received the TANF, Temporary
Assistance for Needy Families. Fifty-eight percent of the adults
participating in WIA in 2000 either held high school diplomas or had
attained a higher level of education. About 40 percent of these adults
received training services. While this is very important, it does not
address those who are lacking a high school diploma or were unable to
complete their education because of family matters.
Mr. Chairman, it should be noted that 121,000 fewer adults were
trained under WIA in 2000 than received training under JTPA in 1998.
These displaced homemakers and single parents are also greatly in need
of the comprehensive job training services offered by WIA. We will be
doing a great disservice to these women, particularly those from
disadvantaged backgrounds, if we fail to adequately expose and educate
them to work in high technology and nontraditional jobs.
Given the statistics in how these women are underrepresented in job
training, we can and must do more to assist these displaced homemakers,
single parents, and teen parents who are seeking employment for the
first time as well as those who need to acquire 21st century skills in
order to become marketable and economically self-sufficient in the
emerging 21st century workplace. They are our today and tomorrow
workforce. We must prepare them through comprehensive training and
intensive service for this new high tech work environment.
Mr. BOEHNER. Mr. Chairman, will the gentlewoman yield?
Ms. MILLENDER-McDONALD. I yield to the gentleman from Ohio.
Mr. BOEHNER. Mr. Chairman, I think the gentlewoman does make an
important contribution to the bill and clarifies that these out-of-work
homemakers and single mothers do in fact play a role and do need
services and should in fact be considered in a higher level as funds
are being distributed to the local boards, and I ask Members to support
the gentlewoman's amendment.
Ms. MILLENDER-McDONALD. Mr. Chairman, I thank the distinguished
chairman.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentlewoman from California (Ms. Millender-McDonald).
The amendment was agreed to.
The CHAIRMAN. It is now in order to consider amendment No. 8 printed
in House Report 108-92.
Amendment No. 8 Offered by Ms. Kaptur
Ms. KAPTUR. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 8 offered by Ms. Kaptur:
Page 86, line 20, insert ``assistance regarding accounting
and program operation practices (when such assistance would
not be duplicative to assistance provided by the State),''
after ``this title,''.
Page 87, line 2, strike the period and insert ``; and''
Page 87, after line 2, inset the following:
(5) by inserting, after subsection (c) (as redesignated by
paragraph (3)), the following:
``(d) Best Practices Coordination.--The Secretary shall
establish a system whereby
[[Page H3816]]
States may share information regarding best practices with
regards to the operation of workforce investment activities
under this Act.''
The CHAIRMAN. Pursuant to House Resolution 221, the gentlewoman from
Ohio (Ms. Kaptur) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from Ohio (Ms. Kaptur) on her
amendment.
Ms. KAPTUR. Mr. Chairman, I yield myself such time as I may consume.
I want to thank the Committee on Rules. I want to thank the gentleman
from Ohio (Mr. Boehner) of the Committee on Education and the Workforce
and the gentleman from Michigan (Mr. Kildee), ranking member, for
allowing us to move this amendment today, and I want to acknowledge the
hard work of Keysha Brooks-Coley on my own staff who has worked so very
hard on this amendment and others.
This past Friday the Department of Labor reported that unemployment
again went up in our country to a level of 8.8 million citizens, of
which at least 250,000 are unemployed in the State of Ohio, and the
unemployment level is now somewhere around 6 percent of those that we
are still counting.
Without question people need access to training and to transitional
assistance, which this bill offers so much hope to those who are
struggling out there, trying to find a good-paying job with good
benefits. The amendment I have proposed would strengthen the technical
assistance provisions of the underlying bill to allow the Department of
Labor where a State does not do it to give help to localities to apply
for the program and to administer the program.
{time} 1415
It would also require that a best practices system be established at
the Department of Labor, so if a county in New York wants to learn what
a county in Illinois might have done, or vice versa, that that would be
available.
The amendment would require the Department of Labor to establish a
coordinated system so there is no duplication at all. For example, in
the technical assistance, it would only be allowed to be provided when
the State itself is not doing it.
So this amendment was two parts: to better help the localities to
apply, and then best practices.
I would like to just say for the record, if I could, Mr. Chairman,
that we did try to offer another amendment and it was not allowed in
order in the Committee on Rules. But I do think it is important with
the gentleman from Ohio (Chairman Boehner) and the ranking member, the
gentleman from California (Mr. George Miller), here on the floor, to
just state for the record that in a State like Ohio, which ranks at the
bottom in terms of drawdowns of these funds, I really hope that as this
bill is perfected, as it moves over to the other body and through
conference, that some thought might be given to the accounting aspect
of our funds, the Federal funds that are sent to the States, and to
require quarterly reports, and also to differentiate between
allocations to the State and actual expenditures by the State and the
local counties.
Believe me, its impossible to get this information. We cannot even
obtain it for a State like our own from the Department of Labor. We
asked the General Accounting Office to become involved in this. Even
they have not been able to obtain these numbers.
Frankly, I would like to strongly recommend to the committee that if
dollars have not been spent by the States that there be a pass-through
to the localities, so that our counties that are dealing with
unemployed people and people needing training every day would have the
flexibility to expend funds that, for whatever reason, seem to be
getting lost or stored at the State capital level and never really
getting down to those who need to establish contracts for trading with
those who are unemployed.
Mr. Chairman, although this amendment does not deal with that, I
would ask Members for strong consideration of the amendment that does
require technical assistance to be given by the Department of Labor if
the States are not doing it and also to establish this best-practices
opportunity at the Department of Labor, so people can learn across our
country, from one State to another, from one county to another, and
strongly urge the committee to think about requiring strict accounting
of these dollars, with quarterly reports and differentiating between
expenditures and allocations, and then, if the State is not spending
the money, allowing the locality to receive the pass-through of those
funds.
I would ask for support of this amendment.
The CHAIRMAN. Does any Member claim the time in opposition?
Mr. BOEHNER. Mr. Chairman, I ask unanimous consent to claim the time
in opposition, even though I am not opposed to the gentlewoman's
amendment.
The CHAIRMAN. Without objection, the gentleman from Ohio (Mr.
Boehner) is recognized for 5 minutes.
There was no objection.
Mr. BOEHNER. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, let me ask my colleagues to support the gentlewoman
from Ohio's amendment. I think for those States that do not provide the
technical assistance to the local boards, they need that help,
especially in terms of the financial integrity of the funds that they
are dealing with. I do believe that the Department is in a position to
do that. I would obviously think the sharing of best practices, that
forum needs to occur, and somewhere at the Department of Labor is the
most likely place for it to occur.
I should note with regard to the other amendment that the gentlewoman
had offered that was not made in order under the rule dealing with the
financial integrity of the monies that move from here to the States,
that we do clarify the issue of obligations versus expenditures, which
we think is an important step in ensuring that there is a clear picture
of what the drawdown numbers are, which today I do not think is as
clear as it could be.
We will continue to work with the gentlewoman as we get into
conference at some point with the Senate in terms of ensuring that
these Federal funds are used for their intended purpose.
With that, I would urge my colleagues to support the gentlewoman's
amendment.
Mr. Chairman, I yield back the balance of my time.
Ms. KAPTUR. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, let me just thank the chairman very much for his
openness to these amendments and for working on this with us to perfect
the legislation as it moves through the process. I am very grateful for
that and grateful to the gentleman from California (Mr. George Miller),
the gentleman from Michigan (Mr. Kildee), and the Committee on Rules.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. All time having expired, the question is on the
amendment offered by the gentlewoman from Ohio (Ms. Kaptur).
The amendment was agreed to.
Amendment No. 3 Offered by Mr. Vitter
The CHAIRMAN. The pending business is the demand for a recorded vote
on the amendment offered by the gentleman from Louisiana (Mr. Vitter)
on which further proceedings were postponed and on which the ayes
prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 423,
noes 0, not voting 11, as follows:
[Roll No. 173]
AYES--423
Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Baca
Bachus
Baird
Baker
Baldwin
Ballance
Ballenger
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bass
Beauprez
Becerra
Bell
Bereuter
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boswell
Boucher
Boyd
Bradley (NH)
Brady (PA)
Brady (TX)
Brown (OH)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Burgess
Burns
Burr
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Capps
[[Page H3817]]
Capuano
Cardin
Cardoza
Carson (IN)
Carson (OK)
Carter
Case
Castle
Chabot
Chocola
Clay
Clyburn
Coble
Cole
Collins
Cooper
Costello
Cox
Cramer
Crane
Crenshaw
Crowley
Cubin
Culberson
Cummings
Cunningham
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (TN)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
DeMint
Deutsch
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Doggett
Dooley (CA)
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Emanuel
Emerson
Engel
English
Eshoo
Etheridge
Evans
Everett
Farr
Fattah
Ferguson
Filner
Flake
Fletcher
Foley
Forbes
Ford
Fossella
Frank (MA)
Franks (AZ)
Frelinghuysen
Frost
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green (TX)
Green (WI)
Greenwood
Grijalva
Gutierrez
Gutknecht
Hall
Harman
Harris
Hart
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Hill
Hinchey
Hinojosa
Hobson
Hoeffel
Hoekstra
Holden
Holt
Honda
Hooley (OR)
Hostettler
Houghton
Hoyer
Hulshof
Hunter
Hyde
Inslee
Isakson
Israel
Issa
Istook
Jackson (IL)
Jackson-Lee (TX)
Janklow
Jefferson
Jenkins
John
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kildee
Kilpatrick
Kind
King (IA)
King (NY)
Kingston
Kirk
Kleczka
Kline
Knollenberg
Kolbe
Kucinich
LaHood
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren
Lowey
Lucas (KY)
Lucas (OK)
Lynch
Majette
Maloney
Manzullo
Markey
Marshall
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCotter
McCrery
McDermott
McGovern
McHugh
McInnis
McIntyre
McKeon
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Mica
Michaud
Millender-McDonald
Miller (FL)
Miller (MI)
Miller (NC)
Miller, George
Mollohan
Moore
Moran (KS)
Moran (VA)
Murphy
Murtha
Musgrave
Myrick
Nadler
Napolitano
Neal (MA)
Nethercutt
Ney
Northup
Norwood
Nunes
Nussle
Oberstar
Obey
Olver
Ortiz
Osborne
Ose
Otter
Owens
Oxley
Pallone
Pascrell
Pastor
Paul
Payne
Pearce
Pelosi
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Pombo
Pomeroy
Porter
Portman
Price (NC)
Pryce (OH)
Putnam
Quinn
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Renzi
Reyes
Reynolds
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Ryun (KS)
Sabo
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Sandlin
Saxton
Schakowsky
Schiff
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Souder
Spratt
Stark
Stearns
Stenholm
Strickland
Stupak
Sullivan
Sweeney
Tancredo
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Toomey
Towns
Turner (OH)
Turner (TX)
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Vitter
Walden (OR)
Walsh
Wamp
Waters
Watson
Watt
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Wexler
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Woolsey
Wu
Wynn
Young (AK)
Young (FL)
NOT VOTING--11
Andrews
Combest
Conyers
DeLay
Dingell
Feeney
Gephardt
Goss
Miller, Gary
Rohrabacher
Schrock
Announcement by the Chairman
The CHAIRMAN (during the vote). Members are advised there are 2
minutes left to vote.
{time} 1440
Ms. DELAURO changed her vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Stated for:
Mr. GOSS. Mr. Chairman, on rollcall No. 173, I was unavoidably
detained. Had I been present, I would have voted ``aye.''
The CHAIRMAN. The question is on the committee amendment in the
nature of a substitute, as amended.
The committee amendment in the nature of a substitute, as amended,
was agreed to.
The CHAIRMAN. Under the rule, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
LaTourette) having assumed the chair, Mr. LaHood, Chairman of the
Committee of the Whole House on the State of the Union, reported that
that Committee, having had under consideration the bill (H.R. 1261) 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, pursuant to House Resolution 221, he reported
the bill back to the House with an amendment adopted by the Committee
of the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
Is a separate vote demanded on any amendment to the committee
amendment in the nature of a substitute adopted by the Committee of the
Whole? If not, the question is on the amendment.
The amendment was agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
Motion to Recommit Offered by Mr. George Miller of California
Mr. GEORGE MILLER of California. Mr. Speaker, I offer a motion to
recommit.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. GEORGE MILLER of California. I am, Mr. Speaker.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. George Miller of California moves to recommit the bill
H.R. 1261 to the Committee on Education and the Workforce
with instructions to report the same back to the House
promptly with an amendment that will achieve the policy of
providing direct spending for 26 weeks of income support for
unemployed individuals who have exhausted regular
unemployment benefits and an additional 13 weeks of income
support for individuals who have exhausted their Federal
extended unemployment benefits, through the Workforce
Investment Act in a manner equivalent to the receipt of
Federal extended unemployment insurance benefits.
{time} 1445
The SPEAKER pro tempore (Mr. LaTourette). Pursuant to the rule, the
gentleman from California (Mr. George Miller) is recognized for 5
minutes in support of his motion.
Mr. GEORGE MILLER of California. Mr. Speaker, I yield 2 minutes to
the gentleman from Maryland (Mr. Cardin).
Mr. CARDIN. Mr. Speaker, this week in the Committee on Ways and Means
we attempted to offer this amendment to extend unemployment insurance
benefits for those people who are going to lose their benefits at the
end of this month.
That bill will spend $550 billion but does not provide one penny for
those people who are going to lose their unemployment insurance
benefits at the end of this month. Every prior recession we have
extended Federal unemployment benefits for far longer than we have in
this recession even though this recession is deeper than the prior
recessions.
Mr. Speaker, in the next 6 months if we do not extend Federal
unemployment insurance, 2 million of our fellow citizens are going to
exhaust their State benefits. We have already seen 1 million of our
citizens exhaust their extended benefits. What this motion simply does
is we should be extending Federal unemployment insurance by 26 weeks
and for those who have exhausted their benefits under the Federal
system, an additional 13 weeks.
Mr. Speaker, the money is in the Federal unemployment trust account
to pay for this; $21 billion is there. The money is there just for that
reason, for
[[Page H3818]]
a recession. We should do it. For those who are interested in helping
stimulate the economy, the study by the Department of Labor found that
every dollar of unemployment benefits generated $2.15 of economic
activity. It is the right policy to do. It will help our economy. We
have done it in the past on a bipartisan basis. We are going to use
every opportunity we can. We have to do this before the end of this
month.
I urge my colleagues to support the motion to recommit so that we can
move forward to help the unemployed in our community.
Mr. Speaker, I thank the gentleman for yielding me time.
Mr. GEORGE MILLER of California. Mr. Speaker, I yield 1 minute to the
gentleman from Michigan (Mr. Kildee).
Mr. KILDEE. Mr. Speaker, this motion responds to the economic
realities that American families are facing today. We have 8.8 million
individuals who are out of work. We have a growing budget deficit of
about a half trillion dollars. Most alarming is the fact that three
unemployed individuals are competing for every job.
In light of these dire economic conditions, this motion responds to
America's needs by extending UI benefits. This motion would extend UI
benefits for 26 weeks for newly unemployed workers and 13 weeks for
those who have exhausted their benefits. Mr. Speaker, over 42 percent
of those individuals who have exhausted their benefits are still
unemployed under the present economic conditions.
Mr. Speaker, nearly 9 million workers are unemployed. The current UI
extension expires at the end of this month, only 24 days from now.
Where is the compassion of this House? How can we leave our Nation's
families guessing as to when their next meal will be coming?
Mr. Speaker, this motion deserves the support of the House today.
The SPEAKER pro tempore. The gentleman from California (Mr. George
Miller) has 2\1/2\ minutes remaining on this motion.
Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such
time as I may consume.
Mr. Speaker, this amendment would have the effect of providing an
equivalent of 26 weeks of unemployment insurance to individuals who
have exhausted both their State and their Federal extended benefits.
The importance of this amendment is that it can provide a certainty to
those people who are going to exhaust their benefits to know that these
benefits will be there. We have tried in the Committee on Ways and
Means yesterday to offer an amendment to send a message to these
families. It was rejected. We tried in our committee. It was rejected.
We tried in the Committee on Rules last night. It was rejected.
None of you, if you were in the situation of these families, would
want to be taken up to the eve of the exhaustion of your benefits or,
as we did a few months ago, we went past the exhaustion of the
benefits. They exhausted on the 31st, and we went into January before
we approved those benefits.
We owe it to these families. These families were working before their
job disappeared. They are trying to provide for their families. They
are trying to provide for their health care. They are trying to provide
for their education and keep their house and keep their car. The least
we can do is let them know in advance, but so far the Republican
leadership has refused to do that.
The administration claims that they are still debating on whether or
not they will extend the unemployment benefits upon exhaustion. Every
member of our committee voted for this amendment. Every member of our
committee on our side of the aisle spoke for this amendment because it
is a compassionate thing to do. It is a decent thing to do, and it is a
smart economical thing to do because this money to these families will
enable them to participate in the economy and put demand into the
economy. It is the minimum that we can do. We would like to just have a
simple extension of the unemployments benefits, but so far there has
been a deaf ear on the other side of the aisle on that matter.
So we would like to have this motion to recommit to succeed, to go
back and to extend the equivalent of those 26 weeks to those
individuals and to those families that are in dire straits. A million
more families have exhausted their benefits than at this time in the
last recession. The severity and the duration of this economic downturn
is such, and this administration has yet to take a single step, a
single step to help create jobs in this country, to help create the
benefits for these individuals that they need.
That is what this amendment helps us to address. The first plan of
this administration was a massive failure. They passed their big tax
cut, a trillion dollars, and we have lost 2\1/2\ million jobs. We
cannot just do more of the same. The American families that are under
this economic stress in this job market in this lousy economy deserve
better.
Mr. BOEHNER. Mr. Speaker, I rise in opposition to the motion to
recommit.
The SPEAKER pro tempore. The gentleman from Ohio (Mr. Boehner) is
recognized for 5 minutes.
Mr. BOEHNER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the bill before us is about helping job seekers find
meaningful employment. And we know the one-stop shops have worked. And
the underlying bill seeks to fine-tune that process, to make it more
effective in helping more people find and keep meaningful employment.
Now, the motion to recommit is about the issue of unemployment
insurance, something that is not in the purview of our committee. Now,
Members in this House on both sides of the aisle have worked together
to extends unemployment benefits on a regular basis, and I have full
confidence that we will continue to do that if the need persists.
We are going to continue to meet our commitment and our resolve in
this Congress to help those who are in fact unemployed. But let me just
point out that if anyone thinks that the motion to recommit is going to
result in one unemployed worker getting one additional dollar this
year, they are wrong. This does not extend unemployment insurance
through the unemployment insurance system. It would take the money and
send it to the local one-stops, who have no system for distributing
unemployment, and require them to distribute the money.
I will guarantee you there is not one dime that would flow to one
unemployed worker within 2 years under this mechanism that was set up
within the rules of the House in order to try to get this issue on the
table today.
And if there is something that is even worse than that, in the motion
to recommit it refers it back to the committee and we are promptly to
deal with it. For those of you who are not that familiar with the
nuance, that means the bill is dead forever.
Mr. Speaker, I yield the balance of my time to the gentleman from
California (Mr. Thomas), the chairman of the Committee on Ways and
Means.
Mr. THOMAS. Mr. Speaker, I thank the gentleman for yielding me time.
We are the committee that will deal with the issue. And the gentleman
from Ohio (Mr. Boehner), the chairman of the Committee on Education and
the Workforce, is correct, this motion to recommit says promptly, not
forthwith. That means that everything they said means absolutely
nothing, or perhaps that is too drastic a statement. When they said
that they are going to have spending for 26 weeks, that is a bubble;
and if you touch it, it bursts. When they said they are going to
provide an additional 18 weeks of income support, that is a bubble; and
if you touch it, it bursts, because the underlying structure of this
motion to recommit kills the bill. That is what this motion to recommit
does. No one will lose their unemployment payment, currently
unemployed, all the way through August.
The gentleman from Maryland was correct, there are sufficient funds.
The Committee on Ways and Means will act. The problem is they want to
create a phony issue at a phony time so that they can act like they are
going to do something. What they propose to do is blow bubbles. We
propose to act and solve the problem. Vote ``yes'' on the motion to
recommit, you kill the bill. Vote ``no'' and you will get an addressing
of this problem in an appropriate time frame.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
[[Page H3819]]
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mr. GEORGE MILLER of California. Mr. Speaker, on that I demand the
yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair
will reduce to 5 minutes the minimum time for any electronic votes on
the question of final passage and on the motion to suspend the rules
and agree to House Resolution 213.
The vote was taken by electronic device, and there were--yeas 202,
nays 223, not voting 9, as follows:
[Roll No. 174]
YEAS--202
Abercrombie
Ackerman
Alexander
Allen
Baca
Baird
Baldwin
Ballance
Becerra
Bell
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boswell
Boucher
Boyd
Brady (PA)
Brown (OH)
Brown, Corrine
Capps
Capuano
Cardin
Cardoza
Carson (IN)
Carson (OK)
Case
Clay
Clyburn
Conyers
Cooper
Costello
Cramer
Crowley
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Deutsch
Dicks
Doggett
Dooley (CA)
Doyle
Edwards
Emanuel
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Ford
Frank (MA)
Frost
Gonzalez
Gordon
Green (TX)
Grijalva
Gutierrez
Harman
Hastings (FL)
Hill
Hinchey
Hinojosa
Hoeffel
Holden
Holt
Honda
Hooley (OR)
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kilpatrick
Kind
Kleczka
Kucinich
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Lucas (KY)
Lynch
Majette
Maloney
Markey
Marshall
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Michaud
Millender-McDonald
Miller (NC)
Miller, George
Mollohan
Moore
Moran (VA)
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Rodriguez
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sabo
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Sandlin
Schakowsky
Schiff
Scott (GA)
Scott (VA)
Serrano
Sherman
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Spratt
Stark
Stenholm
Strickland
Stupak
Tanner
Tauscher
Taylor (MS)
Thompson (CA)
Thompson (MS)
Tierney
Towns
Turner (TX)
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Waters
Watson
Watt
Waxman
Weiner
Wexler
Woolsey
Wu
Wynn
NAYS--223
Aderholt
Akin
Bachus
Baker
Ballenger
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bass
Beauprez
Bereuter
Biggert
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Bradley (NH)
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Burgess
Burns
Burr
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Carter
Castle
Chabot
Chocola
Coble
Cole
Collins
Cox
Crane
Crenshaw
Cubin
Culberson
Cunningham
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeMint
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Dreier
Duncan
Dunn
Ehlers
Emerson
English
Everett
Ferguson
Flake
Fletcher
Foley
Forbes
Fossella
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Goode
Goodlatte
Goss
Granger
Graves
Green (WI)
Greenwood
Gutknecht
Hall
Harris
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Hobson
Hoekstra
Hostettler
Houghton
Hulshof
Hunter
Hyde
Isakson
Issa
Istook
Janklow
Jenkins
Johnson (CT)
Johnson (IL)
Johnson, Sam
Jones (NC)
Keller
Kelly
Kennedy (MN)
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
LaHood
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas (OK)
Manzullo
McCotter
McCrery
McHugh
McInnis
McKeon
Mica
Miller (FL)
Miller (MI)
Moran (KS)
Murphy
Musgrave
Myrick
Nethercutt
Ney
Northup
Norwood
Nunes
Nussle
Osborne
Ose
Otter
Oxley
Paul
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Pombo
Porter
Portman
Pryce (OH)
Putnam
Quinn
Radanovich
Ramstad
Regula
Rehberg
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Royce
Ryan (WI)
Ryun (KS)
Saxton
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simmons
Simpson
Smith (MI)
Smith (NJ)
Smith (TX)
Souder
Stearns
Sullivan
Sweeney
Tancredo
Tauzin
Taylor (NC)
Terry
Thomas
Thornberry
Tiahrt
Tiberi
Toomey
Turner (OH)
Upton
Vitter
Walden (OR)
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
Young (FL)
NOT VOTING--9
Andrews
Combest
DeLay
Dingell
Feeney
Gephardt
Herger
Miller, Gary
Schrock
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (Mr. LaTourette) (during the vote). The Chair
would advise all Members there are 2 minutes left in this vote,
approximately 2 minutes.
{time} 1515
Mr. JOHNSON of Illinois changed his vote from ``yea'' to ``nay.''
Mrs. MALONEY changed her vote from ``nay'' to ``yea.''
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore (Mr. LaTourette). The question is on the
passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Recorded Vote
Mr. KILDEE. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. This will be a 5-minute vote followed by a
second 5-minute vote on a motion to suspend the rules.
The vote was taken by electronic device, and there were--ayes 220,
noes 204, not voting 10, as follows:
[Roll No. 175]
AYES--220
Aderholt
Akin
Bachus
Baker
Ballenger
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bass
Beauprez
Bereuter
Biggert
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Bradley (NH)
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Burgess
Burns
Burr
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Carter
Castle
Chabot
Chocola
Coble
Cole
Collins
Cox
Cramer
Crane
Crenshaw
Cubin
Culberson
Cunningham
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeMint
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Dreier
Dunn
Ehlers
Emerson
Everett
Ferguson
Fletcher
Foley
Forbes
Fossella
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Goode
Goodlatte
Goss
Granger
Graves
Green (WI)
Greenwood
Gutknecht
Hall
Harris
Hart
Hastings (WA)
Hayes
Hayworth
Hensarling
Herger
Hobson
Hoekstra
Hostettler
Houghton
Hulshof
Hunter
Hyde
Isakson
Issa
Istook
Janklow
Jenkins
Johnson (CT)
Johnson (IL)
Johnson, Sam
Keller
Kelly
Kennedy (MN)
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
LaHood
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas (KY)
Lucas (OK)
Manzullo
Marshall
McCotter
McCrery
McHugh
McInnis
McKeon
Mica
Miller (FL)
Miller (MI)
Murphy
Musgrave
Myrick
Nethercutt
Ney
Northup
Norwood
Nunes
Nussle
Osborne
Ose
Otter
Oxley
Pearce
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Pombo
Porter
Portman
Pryce (OH)
Putnam
Quinn
Radanovich
Ramstad
Regula
Rehberg
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Royce
Ryan (WI)
Ryun (KS)
Saxton
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simmons
Simpson
Smith (MI)
Smith (NJ)
Smith (TX)
Souder
Stearns
Stenholm
Sullivan
Sweeney
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thornberry
Tiahrt
Tiberi
Toomey
Turner (OH)
Upton
Vitter
Walden (OR)
Walsh
Weldon (FL)
Weldon (PA)
[[Page H3820]]
Weller
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
Young (FL)
NOES--204
Abercrombie
Ackerman
Alexander
Allen
Baca
Baird
Baldwin
Ballance
Becerra
Bell
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boswell
Boucher
Boyd
Brady (PA)
Brown (OH)
Brown, Corrine
Capps
Capuano
Cardin
Cardoza
Carson (IN)
Carson (OK)
Case
Clay
Conyers
Cooper
Costello
Crowley
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Deutsch
Dicks
Doggett
Dooley (CA)
Doyle
Duncan
Edwards
Engel
English
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Flake
Ford
Frank (MA)
Frost
Gonzalez
Gordon
Green (TX)
Grijalva
Gutierrez
Harman
Hastings (FL)
Hefley
Hill
Hinchey
Hinojosa
Hoeffel
Holden
Holt
Honda
Hooley (OR)
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson, E. B.
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kilpatrick
Kind
Kleczka
Kucinich
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Lynch
Majette
Maloney
Markey
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Michaud
Millender-McDonald
Miller (NC)
Miller, George
Mollohan
Moore
Moran (KS)
Moran (VA)
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Paul
Payne
Pelosi
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Rodriguez
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sabo
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Sandlin
Schakowsky
Schiff
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sherman
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Spratt
Stark
Strickland
Stupak
Tancredo
Tanner
Tauscher
Thompson (CA)
Thompson (MS)
Tierney
Towns
Turner (TX)
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Wamp
Waters
Watson
Watt
Waxman
Weiner
Wexler
Woolsey
Wu
Wynn
NOT VOTING--10
Andrews
Clyburn
Combest
DeLay
Dingell
Emanuel
Feeney
Gephardt
Miller, Gary
Schrock
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). Members are advised that 2
minutes remain in this vote.
{time} 1523
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated against:
Mr. EMANUEL. Mr. Speaker, on rollcall No. 175, I was unavoidably
detained. Had I been present, I would have voted ``no.''
____________________