[Congressional Record Volume 151, Number 22 (Wednesday, March 2, 2005)]
[House]
[Pages H877-H917]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
JOB TRAINING IMPROVEMENT ACT OF 2005
The Committee resumed its sitting.
Mr. BOEHNER. Mr. Chairman, I yield 3 minutes to the gentleman from
Puerto Rico (Mr. Fortuno).
Mr. FORTUNO. Mr. Chairman, back in 1998, Congress enacted the
Workforce Investment Act, which established a system for a one-stop
career centers aimed at providing one convenient central location to
offer job training and other employment-related services.
While these reforms have largely been a success, the system is still
hampered by inefficiency, duplication, and unnecessary bureaucracy. The
bill that we are approving today aims to strengthen training services
for job seekers accomplishes these goals in several ways: Particularly
by streamlining bureaucracy and eliminating duplication; consolidating
the three adult WIA training programs, giving States and local
communities greater flexibility, and enabling more job seekers to be
served with no reduction in services; removing arbitrary barriers that
prevent individuals from accessing job training services immediately;
strengthening partnerships between local businesses, communities
colleges and the local one-stop delivery system; enhancing vocational
rehabilitation to help individuals with disabilities; and improving
allocation and literacy for adults to ensure they gain the knowledge
and skills necessary to find employment, including language
proficiency.
I want to thank the chairman on the committee for adopting two
amendments I have introduced to enhance further employability of the
limited English proficient calculation by providing necessary skills,
training and English language instruction. I believe this will help
tremendously, especially the Hispanic populations throughout the
country.
I believe that the backbone of a strong economy and a strong society
is a well-trained and highly-skilled workforce. The bill on the floor
today is an excellent source to achieve that goal. This bill includes a
number of reforms aimed at strengthening our Nation's job training
system and better engaging the business community to improve job
training services.
It accomplishes this by requiring State and local workforce
investment boards to ensure the job training programs reflect the
employment needs in local areas; also allowing training for currently
employed workers so employers can upgrade workers' skills and avoid
layoffs; encouraging the highest caliber providers, including community
colleges, to offer training through the one-stop system; leveraging
other public and private resources to increase training opportunities;
and increasing connections to economic development programs.
The bill reauthorizes the Rehabilitation Act of 1993, the primary
Federal program designed to assist individuals with disabilities to
prepare for, obtain and retain employment to live independently; and
furthermore, it includes transition services for students with
disabilities moving from secondary education into post-secondary
activities that can only be determined as a possible alternative to
address the needs of those in special needs.
I am convinced that H.R. 27 is a valuable tool to achieve that goal
we all have set our minds to. And that is none other than creating a
better and strong economy and society that will be prepared to compete
in a changing and demanding new world that rises as we speak.
Mr. KILDEE. Mr. Chairman, I yield 2 minutes to the gentlewoman from
New York (Mrs. McCarthy).
Mrs. McCARTHY. Mr. Chairman, I rise to join the chairman of the
Committee on Education and the Workforce, the gentleman from Ohio (Mr.
Boehner), in a colloquy on how certain provisions in this legislation
might affect the governance of WIA funding in New York State.
This legislation provides governors the authority to take a portion
of funds provided through the authorizing statutes of mandatory partner
programs to cover the infrastructure costs of one-stop centers. I am
concerned that this may create a constitutional conflict between the
Governor of New York and the Board of Regents.
I offered an amendment to remedy this conflict in committee. The
amendment I offered was language that is identical to language already
included in S. 9. I would ask the chairman if he would commit to
working with me and my New York colleagues in conference to resolve
this issue.
Mr. BOEHNER. Mr. Chairman, will the gentlewoman yield?
Mrs. McCARTHY. I yield to the gentleman from Ohio.
Mr. BOEHNER. Mr. Chairman, I want to thank the gentlewoman for
yielding. I pledge to work with her and other interested members of the
New York delegation during conference on this legislation to identify
and remedy any governance problems which New York may have under this
bill. However, it is not clear that the language that the gentlewoman
offered in committee that is included in S. 9 fixes the problem in New
York and could have other unintended consequences in New York and other
States.
So my goal is to ensure that the mandatory partners contribute to the
cost of the one-stop infrastructure without causing constitutional
problems for States. And as I suggested, I will continue to work with
the gentlewoman to achieve this.
Mrs. McCARTHY. Mr. Chairman, I want to thank the chairman for
agreeing to work with us on this issue of importance to New York.
Mr. BOEHNER. Mr. Chairman, I reserve the balance of my time.
Mr. KILDEE. Mr. Chairman, I yield two minutes to the gentleman from
New Jersey (Mr. Holt).
Mr. HOLT. Mr. Chairman, I rise in opposition to H.R. 27, the
Reauthorization of the Workforce Investment Act.
The Workforce Investment Act was one of these pieces of legislation
that actually helps people. It was passed back in 1998. Unfortunately,
this is a step backward as it comes before us today. The bill now here
would create block grants to fund the adult dislocated worker and
employment service programs. And as we know, funding through nearly
every past block grant program has led to decreases in funding in just
about every education or labor program that was block granted.
In addition, the proposal here would reduce and restrict services for
in-school youths. It would fund one-stop infrastructure by siphoning
off funds used to serve veterans and individuals with disabilities; and
importantly, the legislation before us here would allow discrimination
in hiring based on individuals's religious beliefs.
Under current religious law, organizations are free to make
employment decisions using religious criteria with their own money. Why
should we allow organizations to discriminate with taxpayer dollars? It
really would roll back
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40 years of civil rights laws and decades of job training laws as we
have heard here today.
The Workforce Investment Act was intended to be about helping hard
working Americans find jobs and help those who have a job receive
training to improve their employment prospects. This is, I repeat, the
kind of legislation that could actually help people. These one-stop
centers have been a success. But this legislation does not provide
adequate authorized funding for them and it changes many of the good
features that have been part of the Workforce Investment Act.
We could be closing the skills gap, but unfortunately, the bill does
not do that. It is a step backward from the legislation that was passed
in 1998.
Mr. KILDEE. Mr. Chairman, how much time do I have remaining?
The CHAIRMAN. The gentleman from Michigan (Mr. Kildee) has 5 minutes.
Mr. KILDEE. Mr. Chairman, I yield myself such time as I may consume.
In summary, I urge a no vote on this bill. In 1998, the gentleman
from California (Mr. McKeon) who is a very good friend of mine, we will
always remain friends, we have great respect for one another, we wrote
a very good bill in 1998, WIA, and I hope we would do likewise this
time; but I find myself unable to support this bill.
The bill, among other things, I do not mean to be harsh, but among
other things, encapsulates President Bush's response to the woman in
Omaha who told him that she was presently working three jobs to ensure
that she could provide for her family. And the President responded,
``Uniquely American, isn't it? I mean, that is fantastic that you're
doing that.''
Mr. Chairman, we can do better than that.
Mr. Chairman, I yield back the balance of my time.
Mr. BOEHNER. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, what we have before us is the Reauthorization of the
Workforce Investment Act. It was first passed in 1998. These one-stop
centers that have been created all over the country to help the people
gain skills and to increase their skills are a critical part of what we
need to do if we are going to have a successful economy over the next
10, 20 and even 50 years.
What we have done in this reauthorization is tried to make these one-
stop centers work even better. We believe that by consolidating the
three separate funding streams, three different sets of employees,
three different sets of books, we can gain more flexibility for the
local workforce boards and thereby freeing up more dollars to be used
to actually train workers.
We believe strongly that the youth services money here ought to be
directed for the most part to out of school youth, a population that is
vastly underserved and we do that in this bill. We also believe that
faith-based providers, especially in large urban centers, can provide a
very necessary outreach to help those who are really needy have an
opportunity to get the kind of training and retraining they need to
become productive members of our society.
I think what we have here is a very good bill. And while my friends
on the other side of the aisle have some disagreement, I think all of
us understand that by and large, this is a good program, that the bill
before us is worth the support of my colleagues and I would ask them to
do that.
Ms. PELOSI. Mr. Chairman, I rise in opposition to H.R. 27, the
Workforce Investment Act Reauthorization.
Today, there are nearly 8 million people who are unemployed and
seeking work in this country. There are an additional 5 million workers
who want a job but have given up their job search out of frustration.
And about one in every five unemployed people--1.7 million Americans--
has been jobless for more than 26 weeks.
These sad statistics make a clear point--access to job training
services is critical for Americans across the country.
Job training should be a bipartisan priority of this Congress, but
this is the second Congress in a row that Republicans have brought to
the floor a partisan bill that undermines our job training initiatives.
This Republican bill puts the funding for job training services at
risk by consolidating them into a block grant. This is at a time
Republicans have already cut funding for job training initiatives under
WIA by $750 million since 2002.
The Republican bill eliminates targeted job training for workers who
need it the most--those who have lost their jobs to outsourcing and the
downturn in our economy.
It allows the states to rob from Adult Education, Veterans'
Reemployment, and job training programs for individuals with
disabilities to fund more bureaucracy. This would severely jeopardize
services to our most vulnerable populations.
Most troubling, this bill sends the message that discrimination will
be condoned in federal, taxpayer-funded job training programs.
We all recognize and appreciate the work of faith-based organizations
in their service to communities in need. But there is absolutely no
evidence that the current law protections have hampered the full
participation of faith-based organizations in providing job training
services.
This bill, however, would allow religious groups to discriminate on
the basis of religion when hiring or firing staff for federally-funded
job training initiatives.
It would permit those seeking jobs funded by the federal government
to be judged solely on the basis of their religious beliefs and
practices, not on their qualifications or ability to do the job.
Instead of promoting the good works of religious organizations, this
bill unfairly tarnishes them with the specter of discrimination that
they have nobly fought so hard against.
The bill's constitutionally dubious provisions will introduce
needless uncertainty and controversy. It will subject religious
organizations to legally and morally untenable positions.
That is why this bill is opposed by many religious and civil rights
organizations.
The Scott Amendment preserves current law, which permits these
organizations to provide job training services with federal funds as
long as they do not discriminate.
We can support faith-based organizations without breaking faith with
our fundamental American commitment to non-discrimination.
And we can do so much more to support job training services for the
millions of American workers who are struggling to find work.
I urge my colleagues to support the Scott Amendment and oppose the
Republican bill.
Mr. GENE GREEN of Texas. Mr. Chairman, I rise today to voice my
opposition to this Job Training Improvement Act because it does nothing
to improve job training in our country.
Congress has an opportunity to take the reauthorization of the
Workforce Investment Act and address the needs of millions of
unemployed Americans. Instead, we are presented with a proposal that
reduces the impact of job training programs by cutting funding to
traditional job training providers such as the veteran's employment
programs and Perkins Vocational Education Programs.
This bill also consolidates the adult, dislocated worker and
employment service programs and their funding while repealing the
Wagner Peyser Act. Wager Peyser established the Federal performance and
accountability standards that ensure our job training programs are
quality programs that place able workers in appropriate positions in
the workforce.
Furthermore, this bill would allow federally funded job training
organizations to question a candidate about their religious beliefs.
I've been a Christian all my life. However, I do not feel it is the
place of the Federal Government or anyone receiving Federal funds to
question a job candidate about their religious beliefs.
At this time, Congress needs to place more resources into workforce
training, not reduce job training programs that are successful. The
Houston area continues to have an unemployment rate higher than the
national average, as does the State of Texas.
This bill will slow down the ability of those who need workforce
training from getting it, and right now this economy needs all the help
it can get. H.R. 27 is bad public policy and will further slow our
efforts to strengthen our economy.
Mrs. BIGGERT. Mr. Chairman, I rise today in support of H.R. 27, the
Job Training Improvement Act. Through local and State workforce
investment boards, this legislation will strengthen job training
programs to meet the needs of local businesses, many of which rely
heavily on information technology, IT.
In the span of just two decades, information technology has become a
commonplace part of our lives and has also created nearly 10 million
jobs in the United States. Information technology is a factor in the
productivity and success of many different sectors of our economy.
Whether one is an auto mechanic, a dentist, or a farmer, IT skills are
essential--and will be increasingly essential--to one's job performance
and productivity. Simply put, the IT industry and its workforce are
significant contributors to productivity, innovation and global
competitiveness.
It is for this reason, Mr. Chairman, that the Committee report
encourages States to examine whether providers of training offer the
opportunity to obtain an industry-developed and maintained
certification or credential. This is
[[Page H879]]
important, in as much as it recognizes that the industries themselves
are the most qualified to determine what skills their workforce will
need to succeed and excel. This is especially true with respect to the
constantly changing and ever-evolving IT industry.
Through certification, individuals receive validation of a level of
expertise. This, in turn, can increase an individual's ability to find
and retain a good job that utilizes that training. Employers also
benefit when certification assures a level of skill that an individual
could bring to a job.
The success of WIA in expanding the computer skills of Americans--
through training and certification--will improve the productivity of
every sector of our economy. This in turn will make America more
competitive globally and is an effective step toward creating good jobs
right here in the United States.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I rise in support of the
amendment offered by my colleague the Ranking Member of the Judiciary
Subcommittee on Crime, Mr. Scott along with Ms. Woolsey, Mr. Van
Hollen, Mr. Frank, Mr. Edwards, and Mr. Nadler, to the base bill, H.R.
27. As I stated with respect to the rule, H. Res. 126, the party-line
vote of 220-204 that we saw in the 108th Congress on the debate of the
then H.R. 1261 should evidence the need for the most open debate over
the deficiencies that lie within the provisions on the floor. The need
for debate arises from disagreement. As representatives of the United
States Congress, we all have a duty to fully debate the issues on
behalf of our constituents. A restricted rule precludes that
opportunity.
I support the Scott-Woolsey-VanHollen-Frank-Edwards-Nadler amendment
to H.R. 27 to remove the provision allowing religious discrimination in
employment from the underlying bill. A base bill purportedly designed
to improve the opportunity to achieve adequate employment is no place
to encourage discrimination. In fact, there is no place for religious
discrimination in American law just as there should be no place in
America for that kind of backwards thinking.
H.R. 27, in its current state, erodes fundamental civil rights
protections for the unemployed and the underemployed by exempting
faith-based organizations from compliance with the current non-
discrimination law. Presently, under our country's existing laws, in
Title VII of the Civil Rights Act, employing institutions using private
funds were exempt from employment discrimination protections. However,
WIA programs are federally funded and as such do not fall under the
jurisdiction of the Title VII statute. Simply put: Public funds are not
allowed to be used to encourage religious discrimination in employment
and that should not change.
Each of my colleagues should understand that without this important
amendment, we are advocating the notion that one's ability to provide
employment to those who are in need is contingent on the religious
institution to which the individual belongs. What if anything is
accomplished by attempting to create religious hierarchies in the
workplace? What benefit does that provide the employer? None. And thus
the language allowing religious discrimination should be stricken from
the bill. As should all language that does not add to the well being of
job-seekers or employment services.
The Founding Fathers of this country found it necessary to say that
no one should be unfairly judged or discriminated against on the basis
of their religion. This Congress should do no less. We should not
create law that does harm. We should not encourage discrimination of
any kind, religious or otherwise.
Surely, this country prides itself on its diversity and its
willingness to open its doors to people of different religions, races,
and ethnic backgrounds. Yet on the floor of the people's House we are
faced with an attempt by the Republicans to create a monolithic sub-
culture within our employment training programs. Despite the rhetoric
on the other side of the aisle, H.R. 27 as it currently reads will not
only result in the loss of jobs for applicants who do not identify with
their prospective employer's religious beliefs but more importantly it
will cause the loss of quality workers.
The Scott-Woolsey-Van Hollen-Frank-Edwards-Nadler amendment will
effectively retain civil rights protections for individuals who seek
employment or employment training. This amendment simply retains their
freedom of religious choice and their freedom not to be discriminated
against due to their religion. This amendment adds nothing to the law
rather it maintains current law. Without the addition of this proposal,
however, the body elected to serve all of the people of this country
will have endorsed employment discrimination with federal dollars. We
simply cannot allow this to happen. We must do everything we can to
preserve the fundamentals of Head Start. I urge my colleagues to vote
to ensure that our job programs are not muddied and degraded by the
promotion of religious discrimination. Therefore, I stand in full
support of this amendment and I urge my colleagues to do the same.
Mr. MORAN of Virginia. Mr. Chairman, I rise in strong opposition to
the Job Training Improvement Act, because it will reduce important job
training programs such as the veterans employment programs, Perkins
Vocational Educational Program and the Vocational Rehabilitation
Program.
This measure consolidates the adult, dislocated worker and employment
service programs and funding into a block grant, while also repealing
the Wagner Peyser Act and removing many of the federal performance and
accountability measurements that make the Workforce Investment Act such
an important investment in our nation's workforce.
With the unemployment rate at 5.2 percent, it is reprehensible that
this legislation will repeal a dedicated funding stream for one-stop
centers where job seekers can learn about job opportunities, apply for
aid and receive counseling.
We all know what is going to happen if Workforce Investment Act
programs are block-granted.
States are not going to spend that money where it is needed the most,
which is to aid job seekers in this troubling economy. Instead, these
funds may be used to cover infrastructure and administrative costs.
This will go against the true intent of the Workforce Investment Act,
which is to invest in our workforce.
Even more troubling is the fact that H.R. 27 reduces preventive in-
school youth training programs which keep students from dropping out of
school. President Bush has pledged to expand the No Child Left Behind
law to high schools and require students to take annual tests in
reading and mathematics through 11th grade.
So the president wants to ensure that students and teachers are held
accountable for learning standards, but he lacks support for programs
that strive to keep kids in school?
As we all know, these workforce investment 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 fails as 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 in favor of the Scott Amendment
which will protect current civil rights protections for employees and
job applicants of faith-based organizations.
Mr. CASTLE. Mr. Chairman, I rise in support of H.R. 27, the Job
Training Improvement Act, which will reauthorize the Workforce
Investment Act (WIA)--programs which provide job training for youths,
veterans, and seasonal and migrant workers.
For the past six years WIA has offered a ``one-stop delivery system''
through which job-seekers have access to labor market information, job
counseling, and job training. In addition, they have access to numerous
other federal programs that provide services for job seekers. With
facilities in Wilmington, Newark, Dover and Georgetown, the ``one-stop
delivery system'' in Delaware has proved to be an efficient tool in
training individuals for the workforce.
For example, in Delaware all of our centers are fully equipped with:
Internet ready computers, interactive CD-Rom tutorials, fax machine to
send resume and cover letters to perspective employers, copy machine,
telephone resource center with career manuals including reference
books. Delaware also runs an internet site where applicants can post
resumes, as well as to search a comprehensive database of job openings.
Applicants can also allow Job Scout to search the system for you
automatically track wages and trends, training locations and funding
available. It also offers bus schedules, links to newspaper classified
ads, child care and related information through the family and
workplace connection.
The purpose of highlighting the program in Delaware is to provide a
real life example of useful it is to have services in one central
place. The bill before us today builds on the efficiency of the ``one-
stop delivery'' model by streamlining unnecessary bureaucracy,
eliminating duplication, strengthening resource allocation, and
improving accountability. I am pleased that we are able to make reforms
that build upon successes, and that will ultimately enhance the ability
of adults to access services that lead to employment.
I would also like to briefly touch upon the services that are
provided for youth under this
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bill. Under this legislation youth between the ages of 16 and 24 are
eligible for a variety of services geared toward graduating high school
or gaining the skills necessary for employment. The importance of these
services cannot be overstated to these young adults.
With that, I thank the gentleman from Ohio (Mr. Boehner) and the
gentleman from California (Mr. McKeon), and urge my colleagues to
support H.R. 27.
Mr. GREEN of Wisconsin. Mr. Chairman, there are towns and
neighborhoods across America that have tough problems, social crises,
that desperately need to be addressed. Fortunately, there are many
organizations in those communities that want to help, and they offer
unique and innovative solutions to some of our most challenging needs.
We must open doors for them and help them help our neighbors. That
begins by removing the barriers that unnecessarily stand in their way.
It is essential that we recognize the importance of government
working with faith-based providers to help society. These organizations
are a central part of the fabric of communities across America and we
need to ensure that we are removing any obstacles that stand in the way
of their ability to help.
Faith-based organizations have a federally-protected right to
maintain their religious nature and character through those they hire.
Organizations willing to serve their communities by participating in
federal programs should not be forced to give up that right. We must
pass this legislation with a clear message from Congress to our faith-
based leaders: we need your service and we want to assist you in
delivering for us and for the most vulnerable in our society.
I urge my colleagues to vote against any amendment that would remove
the important religious freedom protections these organizations need
and deserve.
Mrs. DRAKE. Mr. Chairman, the policies Congress has implemented over
the last four years have provided a solid foundation for American
workers and businesses to build a strong economy.
With steady job growth over the last 20 months putting over 2.7
million Americans back to work, it is clear that Congress has the right
priorities: Working Americans and their families.
American workers need access to job-training in order that they may
obtain the skills to perform the jobs of the 21st century.
Americans want more than a job--they want jobs with higher pay and
that provide them with meaning and personal satisfaction. They also
want a career, a future, and financial independence in retirement.
As our economy shifts from production to service related jobs, and
from low-tech to high-tech occupations, Americans need access to
education and job training that provides them with the skills they need
to perform.
Mr. Chairman, when enacted, this plan will pair workers with the
employers who need the skills they offer, and vice versa.
In a dynamic and changing world economy, many Americans are faced
with the reality that they might have to change careers multiple times.
This plan will strengthen the ties between job training programs, adult
education and vocational rehabilitation programs and the people they
serve so they can continue to grow in their careers.
Of particular importance to me and my colleagues who support this
plan is provision I proposed that is reflected in the bill we're voting
on today.
The provision paves the way for added support for disabled veterans
who need help finding meaningful work as they transition to the
civilian sector after their dedicated service to our nation.
The men and women of our Armed Forces who have given of themselves
should not only be honored, but aided as much as possible in starting
life again upon their return.
The Job Training Improvement Act is a crucial step in taking the
American workforce into the 21st Century, and I encourage my colleagues
to support its passage.
Mr. BACA. Mr. Chairman, I rise in opposition to H.R. 27, the Job
Training Improvement Act. This bill fails to improve the Workforce
Investment Act and falls short of the promises our government made to
provide training and career opportunities for the unemployed.
H.R. 27 is fatally flawed and undermines our current national
workforce policy.
It eliminates various worker-training programs, rolls back protection
against religious discrimination, and potentially damages the stability
of important social programs.
We cannot neglect the unemployed, underemployed and dislocated
workers of America who need ample and widespread funding for federal
job training services.
Despite a suffering economy and high unemployment, this bill
undercuts the ability of our government to provide for these vital
workers and erodes Congressional authority and accountability over
workforce funds.
Under the provisions of H.R. 27, funding will be shifted from WIA
partner programs to pay for the WIA infrastructure and core services
costs.
This transfer will weaken vital programs such as TANF, adult
education, unemployment insurance, child support enforcement, and
veterans employment programs.
Why would we threaten these vital social programs by passing a flawed
bill that does not even assure more training would result from the
transfer of funds?
H.R. 27 also contains explicit discriminatory provisions.
By repealing long-standing civil rights protections that were signed
into law by President Reagan, this bill allows job-training providers
to discriminate on the basis of religion.
Since 1982, these provisions have been included in the bill and
received bipartisan support.
We cannot allow this gross inequity to tear at the fabric of a
fundamental American principle--the inalienable right to fair and equal
treatment under the law.
This is why I strongly support Congressman Scott's amendment that
will restore these basic civil rights and my faith in our legislative
process.
We cannot allow ourselves to drastically depart from previous
workforce policy by eliminating worker training programs, destabilizing
essential social programs, and writing discriminatory provisions into
law.
This so-called Workforce Investment Act is not an acceptable or
responsible proposal to provide needed services to our nation's
unemployed.
I urge my colleagues to join me in voting no on final passage.
Mr. STARK. Mr. Chairman, I rise today in opposition to H.R. 27, the
so-called Job Training Improvement Act of 2005.
Today's bill has nothing to do with improving job training for our
workforce--far from it. Instead, this bill actually weakens worker
protections, opens the door to hiring discrimination, and dismantles
the employment service program that helps unemployed workers find jobs.
Apparently the Republicans haven't monitored the weak job market
numbers. How else can you explain being so cruel and unfair as to pull
the rug out on our nation's unemployed?
Let me remind my Republican colleagues that there are still fewer
jobs available in America than when President Bush came to office.
Inflation is still growing faster than the average earnings of
workers--a fact that is particularly true for low-skilled and low-
income workers.
Confronted with such evidence, this Congress should be doing
everything we can to bolster workforce investment. Yet, this 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 a greater financial burden directly on the states,
exacerbating their budget deficits and perversely triggering layoffs
among the very state employees who administer these programs. 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 former Senator Dan Quayle
sponsored. It passed through a committee chaired by Senator Orrin Hatch
and was signed by President Ronald Reagan.
Throughout its 23-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.
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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.
I urge my colleagues to vote ``no'' on H.R. 27.
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 an 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. 27
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 ``Job Training Improvement Act
of 2005''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
TITLE I--AMENDMENTS TO TITLE I OF THE WORKFORCE INVESTMENT ACT OF 1998
Sec. 101. Definitions.
Sec. 102. Purpose.
Sec. 103. State workforce investment boards.
Sec. 104. State plan.
Sec. 105. Local workforce investment areas.
Sec. 106. Local workforce investment boards.
Sec. 107. Local plan.
Sec. 108. Establishment of one-stop delivery systems.
Sec. 109. Eligible providers of training services.
Sec. 110. Eligible providers of youth activities.
Sec. 111. Youth Activities.
Sec. 112. Comprehensive programs for adults.
Sec. 113. Performance accountability system.
Sec. 114. Authorization of appropriations.
Sec. 115. Job corps.
Sec. 116. Native American programs.
Sec. 117. Migrant and seasonal farmworker programs.
Sec. 118. Veterans' workforce investment programs.
Sec. 119. Youth challenge grants.
Sec. 120. Technical assistance.
Sec. 121. Demonstration, pilot, multiservice, research and multi-State
projects.
Sec. 122. Community-based job training.
Sec. 123. Personal Reemployment Accounts.
Sec. 124. Training for realtime writers.
Sec. 125. Business partnership grants.
Sec. 126. National dislocated worker grants.
Sec. 127. Authorization of appropriations for national activities.
Sec. 128. Requirements and restrictions.
Sec. 129. Nondiscrimination.
Sec. 130. Administrative provisions.
Sec. 131. General program requirements.
TITLE II--ADULT EDUCATION, BASIC SKILLS, AND FAMILY LITERACY EDUCATION
Sec. 201. Table of contents.
Sec. 202. Amendment.
TITLE III--AMENDMENTS TO THE WAGNER-PEYSER ACT
Sec. 301. Amendments to the Wagner-Peyser Act.
TITLE IV--AMENDMENTS TO THE REHABILITATION ACT OF 1973
Sec. 401. Findings.
Sec. 402. Rehabilitation Services Administration.
Sec. 403. Director.
Sec. 404. Definitions.
Sec. 405. State plan.
Sec. 406. Scope of services.
Sec. 407. Standards and indicators.
Sec. 408. Reservation for expanded transition services.
Sec. 409. Client assistance program.
Sec. 410. Protection and advocacy of individual rights.
Sec. 411. Chairperson.
Sec. 412. Authorizations of appropriations.
Sec. 413. Conforming amendment.
Sec. 414. Helen Keller National Center Act.
TITLE V--TRANSITION AND EFFECTIVE DATE
Sec. 501. Transition provisions.
Sec. 502. Effective date.
SEC. 3. REFERENCES.
Except as otherwise expressly provided, wherever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
amendment or repeal shall be considered to be made to a
section or other provision of the Workforce Investment Act of
1998 (20 U.S.C. 9201 et seq.).
TITLE I--AMENDMENTS TO TITLE I OF THE WORKFORCE INVESTMENT ACT OF 1998
SEC. 101. DEFINITIONS.
Section 101 (29 U.S.C. 2801) is amended--
(1) by striking paragraphs (13) and (24) and redesignating
paragraphs (1) through (12) as paragraphs (3) through (14),
and paragraphs (14) through (23) as paragraphs (15) through
(24), respectively;
(2) by inserting after ``In this title:'' the following new
paragraphs:
``(1) Accrued expenditures.--The term `accrued
expenditures' means charges incurred by recipients of funds
under this title for a given period requiring the provision
of funds for goods or other tangible property received;
services performed by employees, contractors, subgrantees,
and other payees; and other amounts becoming owed under
programs assisted under this title for which no current
services or performance is required, such as annuities,
insurance claims, and other benefit payments.
``(2) Administrative costs.--The term `administrative
costs' means expenditures incurred by State and local
workforce investment boards, direct recipients (including
State grant recipients under subtitle B and recipients of
awards under subtitle D), local grant recipients, local
fiscal agents or local grant subrecipients, and one-stop
operators in the performance of administrative functions and
in carrying out activities under this title which are not
related to the direct provision of workforce investment
services (including services to participants and employers).
Such costs include both personnel and non-personnel and both
direct and indirect.'';
(3) in paragraph (6) (as so redesignated), by inserting
``(or such other level as the Governor may establish)'' after
``8th grade level'';
(4) in paragraph (10) (as so redesignated)--
(A) in subparagraph (B), by striking ``and'' after the
semicolon;
(B) in subparagraph (C)--
(i) by striking ``not less than 50 percent of the cost of
the training'' and inserting ``a significant portion of the
cost of training, as determined by the local board''; and
(ii) by striking the period and inserting ``; and''; and
(C) by adding at the end the following:
``(D) in the case of customized training with an employer
in multiple local areas in the State, for which such employer
pays a significant portion of the cost of the training, as
determined by the Governor.'';
(5) in paragraph (11)(A)(ii)(II) (as so redesignated) by
striking ``section 134(c)'' and inserting ``section 121(e)'';
(6) in paragraph (14)(A) (as so redesignated) by striking
``section 122(e)(3)'' and inserting ``section 122'';
(7) in paragraph (25)--
(A) in subparagraph (B), by striking ``higher of--'' and
all that follows through clause (ii) and inserting ``poverty
line for an equivalent period;''; and
(B) by redesignating subparagraphs (D) through (F) as
subparagraphs (E) through (G), respectively, and inserting
after subparagraph (C) the following:
``(D) receives or is eligible to receive free or reduced
price lunch under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.);'';
(8) in paragraph (32) by striking ``the Republic of the
Marshall Islands, the Federated States of Micronesia,''; and
(9) by striking paragraph (33) and redesignating paragraphs
(34) through (53) as paragraphs (33) through (52),
respectively.
SEC. 102. PURPOSE.
Section 106 (29 U.S.C. 2811) is amended by inserting at the
end the following: ``It is also the purpose of this subtitle
to provide 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 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;
``(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)''.
[[Page H882]]
(b) Functions.--Section 111(d) (29 U.S.C. 2811(d)) is
amended--
(1) in paragraph (2), by striking ``section 134(c)'' and
inserting ``section 121(e)'';
(2) by amending paragraph (3) to read as follows:
``(3) development and review of statewide policies
affecting the integrated provision of services through the
one-stop delivery 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;'';
(3) in paragraph (4), by inserting ``and the development of
State criteria relating to the appointment and certification
of local boards under section 117'' after ``section 116'';
(4) in paragraph (5), by striking ``sections 128(b)(3)(B)
and 133(b)(3)(B)'' and inserting ``sections 128(b)(3) and
133(b)(3)''; and
(5) in paragraph (9), by striking ``section 503'' and
inserting ``section 136(i)''.
(c) Elimination of Alternative Entity and Provision of
Authority 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) (29 U.S.C. 2822(b)) is
amended--
(1) in paragraph (12)(A), by striking ``sections
128(b)(3)(B) and 133(b)(3)(B)'' and inserting ``sections
128(b)(3) and 133(b)(3)'';
(2) in paragraph (14), by striking ``section 134(c)'' and
inserting ``section 121(e)'';
(3) in paragraph (17)(A)--
(A) in clause (iii) by striking ``and'';
(B) by amending clause (iv) to read as follows:
``(iv) how the State will serve the 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), individuals with limited
English proficiency, homeless individuals, ex-offenders,
individuals training for nontraditional employment, and other
individuals with multiple barriers to employment (including
older individuals); and''; and
(C) by inserting after clause (iv) the following:
``(v) how the State will serve the employment and training
needs of individuals with disabilities, consistent with
section 188 and Executive Order 13217 (42 U.S.C. 12131 note;
relating to community-based alternatives for individuals with
disabilities) including the provision of outreach, intake,
assessments, and service delivery, the development of
performance measures, the training of staff, and other
aspects of accessibility to program services, consistent with
sections 504 and 508 of the Rehabilitation Act of 1973;
and'';
(4) in paragraph (18)(D), by striking ``youth opportunity
grants'' and inserting ``youth challenge grants''; and
(5) by adding at the end the following new paragraphs:
``(19) a description of the methodology for determining
one-stop partner program contributions for the cost of the
infrastructure of one-stop centers under section 121(h)(1)
and of the formula for allocating such infrastructure funds
to local areas under section 121(h)(3); and
``(20) a description of any programs and strategies the
State will utilize to meet the needs of businesses in the
State, including small businesses, which may include
providing incentives and technical assistance to assist local
areas in engaging employers in local workforce development
activities.''.
(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) a superintendent of the local secondary school
system, an administrator of an entity providing adult
education and literacy activities that is not a one-stop
partner designated under section 121(b)(1)(B), and the
president or chief executive officer of a postsecondary
educational institution serving the local area (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 ``by awarding grants''
and all that follows through ``youth council''; and
(2) in paragraph (4) by inserting ``, and ensure the
appropriate use and management of the funds provided under
this title for such programs, activities, and system'' after
``area''.
(d) Authority to Establish Councils and Elimination of
Requirement for Youth Councils.--Section 117(h) (29 U.S.C.
2832(h)) is amended to read as follows:
``(h) Establishment of Councils.--The local board may
establish councils to provide information and advice to
assist the local board in carrying out activities under this
title. Such councils may include a council composed of one-
stop partners to advise the local board on the operation of
the one-stop delivery system, a youth council composed of
experts and stakeholders in youth 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 meet the employment
needs of local employers and participants;'';
(2) in paragraph (4), by striking ``and dislocated
worker'';
(3) in paragraph (9), by striking ``; and'' and inserting a
semicolon; and
(4) by redesignating paragraph (10) as paragraph (12) and
inserting after paragraph (9) the following:
``(10) a description of the strategies and services that
will be initiated in the local area to engage employers,
including small employers, in workforce development
activities;
``(11) how the local area will serve the employment and
training needs of individuals with disabilities, consistent
with section 188 and Executive Order 13217 (42 U.S.C. 12131
note) including the provision of outreach, intake,
assessments, and service delivery, the development of
performance measures, the training of staff, and other
aspects of accessibility to program services, consistent with
sections 504 and 508 of the Rehabilitation Act of 1973;
and''.
SEC. 108. ESTABLISHMENT OF ONE-STOP DELIVERY SYSTEMS.
(a) One-Stop Partners.--
(1) Required partners.--Section 121(b)(1) (29 U.S.C.
2841(b)(1)) is amended--
(A) in subparagraph (B)--
(i) by striking clauses (ii) and (v);
(ii) by redesignating clauses (iii) and (iv) as clauses
(ii) and (iii), respectively, and by redesignating clauses
(vi) through (xii) as clauses (iv) through (x), respectively;
(iii) in clause (ix) (as so redesignated), by striking
``and'' at the end;
(iv) in clause (x) (as so redesignated), by striking the
period and inserting ``; and''; and
(v) by inserting after clause (x)(as so 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 clause (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.''.
[[Page H883]]
(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) employment and training programs carried out by the
Small Business Administration;
``(vii) programs under part D of title IV of the Social
Security Act (42 U.S.C. 451 et seq.) (relating to child
support enforcement);
``(viii) employment, training, and literacy services
carried out by public libraries; and
``(ix) 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) in section 121(d)(2), by striking ``section 134(c)''
and inserting ``subsection (e)'';
(2) by striking subsection (e) of section 121;
(3) by moving subsection (c) of section 134 from section
134, redesignating such subsection as subsection (e), and
inserting such subsection (as so redesignated) after
subsection (d) of section 121; and
(4) by amending subsection (e) of section 121 (as moved and
redesignated by paragraph (2))--
(A) in paragraph (1)(A), by striking ``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), by striking ``section 121(b)'' and
inserting ``subsection (b)''; 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
centers 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, and how the centers ensure that such providers meet
the employment needs of local employers and participants.
``(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)(1)(B) and
participating additional partner programs described in
(b)(2)(B) for a fiscal year shall be provided to the Governor
by such programs to carry out this subsection.
``(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.
``(iii) Native american programs.--Native American programs
established under section 166 shall not be subject to the
provisions of this subsection. The method for determining the
appropriate portion of funds to be provided by such Native
American programs to pay for the costs of infrastructure of a
one-stop center certified under subsection (g) shall be
determined as part of the development of the memorandum of
understanding under subsection (c) for the one-stop center
and shall be stated in the memorandum.
``(2) Allocation by governor.--From the funds provided
under paragraph (1), the Governor shall allocate funds to
local areas in accordance with the formula established under
paragraph (3) 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)(1)(B) and participating partner
programs described in subsection (b)(2)(B), or the noncash
resources available under such programs 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 and noncash
resources 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 allocation of the funds and noncash resources 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, how the centers ensure that such providers meet
the needs of local employers and participants, whether
providers of training allow participants to attain a
certification, certificate, or mastery, 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) for the provision of training
services, 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.--
``(1) In general.--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
[[Page H884]]
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.
``(2) Special rule.--An entity that carries out programs
under the Act of August 16, 1937 (commonly known as the
`National Apprenticeship Act', 50 Stat. 664, chapter 663; 29
U.S.C. 50 et seq.) shall be included on the list of eligible
providers described in paragraph (1) for so long as such
entity remains certified by the Department of Labor.
``(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.
``(h) On-the-Job Training or Customized Training
Exception.--
``(1) In general.--Providers of on-the-job training or
customized training shall not be subject to the requirements
of subsections (a) through (g).
``(2) Collection and dissemination of information.--A one-
stop operator in a local area shall collect such performance
information from on-the-job training and customized training
providers as the Governor may require, determine whether the
providers meet such performance criteria as the Governor may
require, and disseminate information identifying providers
that meet the criteria as eligible providers, and the
performance information, through the one-stop delivery
system. Providers determined to meet the criteria shall be
considered to be identified as eligible providers of training
services.''.
SEC. 110. ELIGIBLE PROVIDERS OF YOUTH ACTIVITIES.
(a) Eligible Providers of Youth Activities.--Section 123
(29 U.S.C. 2843) is amended to read as follows:
``SEC. 123. ELIGIBLE PROVIDERS OF YOUTH ACTIVITIES.
``(a) In General.--From the funds allocated under section
128(b) to a local area, the local board for such area shall
award grants or contracts on a competitive basis to providers
of youth activities identified based on the criteria in the
State plan 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).''.
(b) Clerical Amendment.--The table of contents in section
1(b) is amended by amending the item related to section 123
to read as follows:
``Sec. 123. Eligible providers of youth activities.''.
SEC. 111. YOUTH ACTIVITIES.
(a) State Allotments.--
(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.--
``(i) In general.--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).
``(ii) Restriction.--The Republic of Palau shall cease to
be eligible to receive funding under this subparagraph upon
entering into an agreement for extension of United States
educational assistance under the Compact of Free Association
(approved by the Compact of Free Association Amendments Act
of 2003 (Public Law 108-188)) after the date of enactment of
the Job Training Improvement Act of 2005.
``(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 2005 under section 127(b)(1)(C) of this Act (as
in effect on the day before the date of enactment of the Job
Training Improvement Act of 2005) 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\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\1/3\ percent shall be allotted on the basis of
the relative number of unemployed individuals in each State,
compared to the total number of unemployed individuals in all
States; and
``(III) 33\1/3\ percent shall be allotted on the basis of
the relative number of disadvantaged youth who are ages 16
through 21 in each State, compared to the total number of
disadvantaged youth who are ages 16 through 21 in all States.
``(iii) Minimum and maximum percentages.--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 2006 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 2005, means the percentage
of the amounts allotted to States under this chapter (as in
effect on the day before the date of enactment of the Job
Training Improvement Act of 2005) that is received by the
State involved for fiscal year 2005.
``(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.
``(3) Special rule.--For purposes of the formulas 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.''.
(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 at the end of the program year prior to the program
year for which the determination is made exceeds 30 percent
of the total amount of funds available to the State under
this section during such prior program year (including
amounts allotted to the State in all prior program years that
remained available). For purposes of this paragraph, the
expended balance is the amount that is the difference
between--
``(A) the total amount of funds available to the State
under this section during the program year prior to the
program year for which the determination is made (including
amounts allotted to the State in all prior program years that
remained available); and
``(B) the accrued expenditures during such prior program
year.'';
(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.''; and
(iv) in paragraph (5), by striking ``obligation'' and
inserting ``accrued expenditure''.
(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 allocations.--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).
[[Page H885]]
``(2) Established formula.--
``(A) In general.--Of the amounts described in paragraph
(1)(A), the Governor shall allocate--
``(i) 33\1/3\ percent shall be allotted on the basis of the
relative number of individuals in the civilian labor force
who are ages 16-19 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\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
``(iii) 33\1/3\ percent on the basis of the relative number
of disadvantaged youth who are ages 16 through 21 in each
local area, compared to the total number of disadvantaged
youth who are ages 16 through 21 in all local areas in the
State.
``(B) Minimum and maximum percentages.--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 2006 or a subsequent fiscal year,
means a percentage of the 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 2005, means the percentage of the amounts
allocated to local areas under this chapter (as in effect on
the day before the date of enactment of the Job Training
Improvement Act of 2005) that is received by the local area
involved for fiscal year 2005.
``(ii) Disadvantaged youth.--The term `disadvantaged youth'
means an individual who 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.
``(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 at the end of the program year prior to the program
year for which the determination is made exceeds 30 percent
of the total amount of funds available to the local area
under this section during such prior program year, (including
amounts allotted to the local area in prior program years
that remain available). For purposes of this paragraph, the
unexpended balance is the amount that is the difference
between--
``(A) the total amount of funds available to the local area
under this section during the program year prior to the
program year for which the determination is made (including
amounts allocated to the local area in all prior program
years that remained available); and
``(B) the accrued expenditures during such prior program
year.'';
(C) by amending paragraph (3)--
(i) by striking ``subsection (b)(3)'' the first two places
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.''.
(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 24; and
``(B) one or more of the following:
``(i) school dropouts;
``(ii) recipients of a secondary school diploma, General
Educational Development credential (GED), or other State-
recognized equivalent (including recognized alternative
standards for individuals with disabilities) who are
deficient in basic skills and not attending any school;
``(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.--
``(i) In general.--Except as provided in clause (ii),
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
recess).
``(ii) Exception.--The requirements of clause (i) shall not
apply to activities carried out for in-school youth meeting
the requirements of paragraph (1)(B)(v) during school hours
that are part of a program that has demonstrated
effectiveness in high school youth attaining diplomas.''.
(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, General Educational Development credential
(GED), or other State-recognized equivalent (including
recognized alternative standards for individuals with
disabilities);'';
(iii) in clause (ii) (as so redesignated), by inserting
``and advanced training'' after ``opportunities'';
(iv) in clause (iii) (as so redesignated), 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, General Educational Development
credential (GED), or other State-recognized equivalent
(including recognized alternative standards for individuals
with disabilities), including dropout prevention
strategies'';
(B) in subparagraph (I), by striking ``and'' at the end;
[[Page H886]]
(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 PROGRAMS FOR ADULTS.
(a) Title Amendment.--
(1) The title heading of chapter 5 is amended to read as
follows:
``CHAPTER 5--COMPREHENSIVE EMPLOYMENT AND TRAINING ACTIVITIES FOR
ADULTS''.
(2) Clerical amendment.--The 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, of which up to
$125,000,000 may be used to carry out section 171(d);
``(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.--
``(A) In general.--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.
``(B) Restriction.--The Republic of Palau shall cease to be
eligible to receive funding under this paragraph upon
entering into an agreement for extension of United States
educational assistance under the Compact of Free Association
(approved by the Compact of Free Association Amendments Act
of 2003 (Public Law 108-188)) after the date of enactment of
the Job Training Improvement Act of 2005.
``(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 2006.--
``(i) In general.--Subject to clause (ii), the amount
referred to in paragraph (2)(A) shall be allotted for fiscal
year 2006 on the basis of allotment percentage of each State
under section 6 of the Wagner-Peyser Act for fiscal year
2005.
``(ii) Excess amounts.--If the amount referred to in
paragraph (2)(A) for fiscal year 2006 exceeds the amount that
was available for allotment to the States under the Wagner-
Peyser Act for fiscal year 2005, 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 2005.
``(B) Fiscal years 2007 and thereafter.--
``(i) In general.--Subject to clause (ii), the amount
referred to in paragraph(2)(A) shall be allotted for fiscal
year 2007 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 2007 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 2006 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 2005, means the percentage
of the amounts allotted to States under this chapter (as in
effect on the day before the date of enactment of the Job
Training Improvement Act of 2005) and under reemployment
service grants received by the State involved for fiscal year
2005.
``(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\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
2005.
[[Page H887]]
``(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 Job
Training Improvement Act of 2005) that were applicable to the
allotment of funds under such section for fiscal year 2005.
``(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 Job
Training Improvement Act of 2005) that were applicable to the
allotment of funds under such section for fiscal year 2005.
``(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 Job Training Improvement Act of 2005) that were
applicable to the allotment of funds under such Act for
fiscal year 2005.
``(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 2005.
``(iii) Proportionate application of unconsolidated
formulas based on fiscal year 2005.--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 2005.
``(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).''.
(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 at the end of the program year prior to the program
year for which the determination is made exceeds 30 percent
of the total amount of funds available to the State under
this section during such prior program year (including
amounts allotted to the State in all prior program years that
remained available). For purposes of this paragraph, the
expended balance is the amount that is the difference
between--
``(A) the total amount of funds available to the State
under this section during the program year prior to the
program year for which the determination is made (including
amounts allotted to the State in all prior program years that
remained available); and
``(B) the accrued expenditures during such prior program
year.'';
(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'';
(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.''; and
(D) in paragraph (5), by striking ``obligation'' and
inserting ``accrued expenditure''.
(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) 85 percent of such amounts shall be allocated by the
Governor to local areas in accordance with paragraph (2); and
``(B) 15 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) 25 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; and
``(iii) 15 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 2006 or a
subsequent fiscal year, means a percentage of the 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 2005, means the percentage
of the amounts allocated to local areas under this chapter
(as in effect on the day before the date of enactment of the
Job Training Improvement Act of 2005) that is received by the
local area involved for fiscal year 2005.
``(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 at the end of the program year prior to the program
year for which the determination is made exceeds 30 percent
of the total amount of funds available to the local area
under this section during such prior program year (including
amounts allotted to the local area in prior program years
that remain available). For purposes of this paragraph, the
unexpended balance is the amount that is the difference
between--
``(A) the total amount of funds available to the local area
under this section during the program year prior to the
program year for which the determination is made (including
amounts allocated to the local area in all prior program
years that remained available); and
``(B) the accrued expenditures during such prior program
year.'';
(C) by amending paragraph (3)--
(i) by striking ``subsection (b)(3)'' the first two places
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--
[[Page H888]]
``(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--
``(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 and strategies designed to
meet the needs of businesses in the State, including small
businesses, and engage employers in workforce activities, and
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.);
``(J) implementing programs to increase the number of
individuals training for and placed in nontraditional
employment; and
``(K) carrying out activities to facilitate remote access
to services provided through a one-stop delivery system,
including facilitating access through the use of
technology.''.
(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)''; and
(B) in paragraphs (1) and (2), by striking ``or dislocated
workers, respectively'' .
(3) Technical amendment.--Section 134 is further amended by
redesignating subsections (d) and (e) as subsections (c) and
(d), respectively.
(4) Required local employment and training activities.--
(A) Allocated funds.--Section 134(c)(1) (29 U.S.C.
2864(c)(1)) (as redesignated by paragraph (3)) 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 (3)) 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;
``(ii) appropriate recruitment services for employers; and
``(iii) reemployment services provided to unemployment
claimants.'';
(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 (3) 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, information and communication technology literacy
activities, 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 (3) 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) Definition.--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) in subparagraph (D)--
(I) by amending clause (iv) to read as follows:
``(iv) entrepreneurial training, including providing
information about obtaining microcredit loans for the purpose
of starting a business, including contact information of
microcredit lenders operating within the local area;'';
(II) in clause (viii) by inserting ``(including English as
a Second Language)'' after ``activities''; and
(III) by redesignating clause (ix) as clause (x) and
inserting after clause (viii) the following:
``(ix) training that integrates occupational skills
training and English language acquisition;'';
(iv) 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, including single parents, displaced homemakers,
and pregnant single women, 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.'';
(v) in subparagraph (F), by adding the following clause
after clause (iii):
[[Page H889]]
``(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.'';
(vi) in subparagraph (G)(iv), by redesignating subclause
(IV) as subclause (V) and inserting after subclause (III) the
following:
``(IV) Individuals with disabilities.''; and
(vii) by adding at the end the following:
``(H) Computer technology.--In providing training services
under subparagraph (G), funds allocated to a local area under
this title may be used to purchase computer technology for
use by an individual who is eligible pursuant to subsection
(A), only if--
``(i) such purchase is part of an ongoing training program;
and
``(ii) such purchase is necessary to ensure the individual
can participate in such training program.
Any purchase of computer technology under this subparagraph
shall remain the property of the one-stop operator.''.
(5) Permissible activities.--Section 134(d) (as
redesignated by paragraph (3)) 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;
``(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;
``(v) activities to improve services to local employers,
including small employers in the local area, and increase
linkages between the local workforce investment system and
employers; and
``(vi) activities to facilitate remote access to services
provided through a one-stop delivery system, including
facilitating access through the use of technology.
``(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 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) in subparagraph (A)(i)(II), by inserting ``and'' after
the semicolon;
(C) in subparagraph (A)(i)(III), by striking ``; and'' and
inserting a period;
(D) by striking subparagraph (A)(i)(IV);
(E) 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 diploma, General
Educational Development credential (GED), or other State-
recognized equivalent (including recognized alternative
standards for individuals with disabilities); and
``(III) literacy or numeracy gains.'';
(F) by striking subparagraph (B); and
(G) 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, including the number
of veterans with disabilities, 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, including the number
of veterans with disabilities, 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)--
(A) in subparagraph (E), by striking ``(excluding
participants who received only self-service and informational
activities); and'' and inserting a semicolon;
(B) in subparagraph (F), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(G) the number of participants served and the cost per
participant.''; 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.--
[[Page H890]]
``(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 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) Use of Core Indicators for Other Programs.--Section 136
(29 U.S.C. 2871) is further amended by adding at the end the
following subsection:
``(j) Use of Core Indicators for Other Programs.--In
addition to the programs carried out under chapters 4 and 5,
and consistent with the requirements of the applicable
authorizing laws, the Secretary shall use the core indicators
of performance described in subsection (b)(2)(A) to assess
the effectiveness of the programs described under section
121(b)(1)(B) that are carried out by the Secretary.''.
(h) 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
``$1,250,000,000 for fiscal year 2006 and such sums as may be
necessary for each of fiscal years 2007 through 2011''.
(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 ``section 132(a),
$3,140,000,000 for fiscal year 2006 and such sums as may be
necessary for each of fiscal years 2007 through 2011''.
(c) Dislocated Worker Employment and Training Activities.--
Section 137 is further amended by striking subsection (c).
SEC. 115. JOB CORPS.
(a) 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.''.
(b) Indicators of Performance and Additional Information.--
Section 159(c) (29 U.S.C. 2893(c)) is amended--
(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''.
(c) Authorization of Appropriations.--Section 161 (29
U.S.C. 2901) is amended by striking ``1999 through 2003'' and
inserting ``2006 through 2011''.
SEC. 116. NATIVE AMERICAN PROGRAMS.
(a) Advisory Council.--Section 166(h)(4)(C) (29 U.S.C.
2911(h)(4)(C)) is amended to read as follows:
``(C) Duties.--The Council shall advise the Secretary on
the operation and administration of the programs assisted
under this section.''.
(b) Assistance to American Samoans in Hawaii.--Section 166
(29 U.S.C. 2911) is further amended by striking subsection
(j).
SEC. 117. MIGRANT AND SEASONAL FARMWORKER PROGRAMS.
Section 167(d) is amended by inserting ``(including
permanent housing)'' after ``housing''.
SEC. 118. VETERANS' WORKFORCE INVESTMENT PROGRAMS.
Section 168(a)(3)(C) (29 U.S.C. 2913 (a)(3)(C)) is amended
by striking ``section 134(c)'' and inserting ``section
121(e)''.
SEC. 119. YOUTH CHALLENGE GRANTS.
(a) In General.--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 the 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 to
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).''.
(b) Clerical Amendment.--The table of contents in section
1(b) is amended by amending the item related to section 169
to read as follows:
``Sec. 169. Youth challenge grants.''.
SEC. 120. TECHNICAL ASSISTANCE.
Section 170 (29 U.S.C. 2915) is amended--
[[Page H891]]
(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;
(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, assistance regarding accounting and program operation
practices (when such assistance would not be duplicative to
assistance provided by the State), technical assistance to
States that do not meet State performance measures described
in section 136,'' 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 Job Training Improvement Act of
2005''; and
(5) by inserting, after subsection (c) (as redesignated by
paragraph (3)), the following:
``(d) Best Practices Coordination.--The Secretary shall
establish a system whereby States may share information
regarding best practices with regard to the operation of
workforce investment activities under this Act.''.
SEC. 121. DEMONSTRATION, PILOT, MULTISERVICE, RESEARCH AND
MULTI-STATE 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, including
those relating to information technology;
``(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) in subparagraph (F) (as so redesignated, by striking
``; and'' and inserting a semicolon;
(F) 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;'';
(G) by amending subparagraph (H) to read as follows:
``(H) projects that focus on opportunities for employment
in industries and sectors of industries that are being
transformed by technology and innovation requiring new
knowledge or skill sets for workers, including advanced
manufacturing; and''; and
(H) by adding at the end the following:
``(I) projects carried out by States and local areas to
assist adults or out of school youth in starting a small
business, including training and assistance in business or
financial management or in developing other skills necessary
to operate a business.''; 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 Congress and the
public reports containing the results of such studies.''.
SEC. 122. COMMUNITY-BASED JOB TRAINING.
Section 171(d) of the Workforce Investment Act of 1998 is
amended to read as follows:
``(d) Community-Based Job Training.--
``(1) Demonstration project.--In addition to the
demonstration projects under subsection (b), the Secretary
may establish and implement a national demonstration project
designed to develop local solutions to the workforce
challenges facing high-growth, high-skill industries with
labor shortages, and increase opportunities for workers to
gain access to employment in high-growth, high-demand
occupations by promoting the establishment of partnerships
among education entities, the workforce investment system,
and businesses in high-growth, high-skill industries.
``(2) Grants.--In carrying out the demonstration project
under this subsection, the Secretary shall award competitive
grants, in accordance with generally applicable Federal
requirements, to eligible entities to carry out activities
authorized under this subsection.
``(3) Definitions.--
``(A) Eligible entity.--In this subsection, the term
`eligible entity' means a community college or consortium of
community colleges that shall work in conjunction with--
``(i) the local workforce investment system; and
``(ii) business or businesses in a qualified industry or an
industry association in a qualified industry.
``(B) Qualified industry.--In this subsection, the term
`qualified industry' means an industry or economic sector
that is projected to experience significant growth, such as
an industry and economic sector that--
``(i) is projected to add substantial numbers of new jobs
to the economy;
``(ii) has significant impact on the economy;
``(iii) impacts the growth of other industries and economic
sectors;
``(iv) is being transformed by technology and innovation
requiring new knowledge or skill sets for workers;
``(v) is a new or emerging industry or economic sector that
is projected to grow; or
``(vi) has high-skilled occupations and significant labor
shortages in the local area.
``(C) Community college.--As used in this subsection, the
term `community college' means an institution of higher
education, as defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001), that provides not less than a
2-year program that is acceptable for full credit toward a
bachelor's degree, or is a tribally controlled college or
university.
``(4) Authority to require non-federal share.--The
Secretary may require that recipients of grants under this
subsection provide a non-Federal share, from either cash or
noncash resources, of the costs of activities carried out
under a grant awarded under this subsection.
``(5) Use of funds.--Grants awarded under this subsection
may be used for--
``(A) the development, by a community college, in
consultation with representatives of qualified industries, of
rigorous training and education programs related to
employment in a qualified industry identified in the eligible
entity's application;
``(B) training of adults and dislocated workers in the
skills and competencies needed to obtain or upgrade
employment in a qualified industry identified in the eligible
entity's application;
``(C) disseminating to adults and dislocated workers,
through the one-stop delivery system, information on high-
growth, high-demand occupations in qualified industries;
``(D) placing, through the one-stop delivery system,
trained individuals into employment in qualified industries;
and
``(E) increasing the integration of community colleges with
activities of businesses and the one-stop delivery system to
meet the training needs for qualified industries.
``(6) 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 community college that will
offer training under the grant;
``(B) an economic analysis of the local labor market to
identify high-growth, high-demand industries and identify the
workforce issues faced by those industries;
``(C) a description of the qualified industry for which
training will occur and the availability of competencies on
which training will be based;
``(D) an assurance that the application was developed in
consultation with the local board or boards in the area or
areas where the proposed grant will be used;
``(E) performance outcomes for the grant, including
expected number of individuals to be trained in a qualified
industry, the employment and retention rates for such
individuals in a qualified industry, and earnings increases
for such individuals;
``(F) a description of how the activities funded by the
proposed grant will be coordinated with activities provided
through the one-stop delivery system in the local area or
areas; and
``(G) a description of any local or private resources that
will support the activities carried out under this subsection
and allow the entity to carry out and expand such activities
after the expiration of the grant.
``(7) Factors for award of grant.--
``(A) In general.--In awarding grants under this subsection
the Secretary shall consider--
``(i) the extent of public and private collaboration,
including existing partnerships among industries, community
colleges, and the public workforce investment system;
``(ii) the extent to which the grant will provide job
seekers with employment opportunities in high-growth, high-
demand occupations;
``(iii) the extent to which the grant will expand the local
one-stop delivery system's capacity to be demand-driven and
responsive to local economic needs;
``(iv) the extent to which local businesses commit to hire
or retain individuals who receive training through the grant;
and
``(v) the extent to which the eligible entity commits to
make any newly developed products, such as competencies or
training curriculum, available for distribution nationally.
``(B) Leveraging of resources.--In awarding grants under
this subsection, the Secretary shall also consider--
``(i) the extent to which local or private resources, in
addition to the funds provided under this subsection, will be
made available to support the activities carried out under
this subsection; and
``(ii) the ability of an eligible entity to continue to
carry out and expand such activities after the expiration of
the grant.
``(C) Distribution of grants.--In awarding grants under
this subsection the Secretary shall ensure an equitable
distribution of such grants across geographically diverse
areas.
``(8) Performance accountability and evaluation.--
``(A) Performance accountability.--The Secretary shall
require an eligible entity that receives a grant under this
subsection to report to
[[Page H892]]
the Secretary on the employment outcomes obtained by
individuals receiving training under this subsection using
the indicators of performance identified in the eligible
entity's grant application.
``(B) Evaluation.--The Secretary may require that an
eligible entity that receives a grant under this subsection
participate in an evaluation of activities carried out under
this subsection, including an evaluation using the techniques
described in section 172(c).''.
SEC. 123. PERSONAL REEMPLOYMENT ACCOUNTS.
Section 171 of the Workforce Investment Act of 1998 is
further amended by adding at the end the following:
``(e) Personal Reemployment Accounts.--
``(1) Definition.--In this subsection, the term `State'
means each of the several States of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, and
the United States Virgin Islands.
``(2) Demonstration project.--In addition to the
demonstration projects under subsection (b), the Secretary
may establish and implement a national demonstration project
designed to analyze and provide data on workforce training
programs that accelerate the reemployment of unemployed
individuals, promote the retention in employment of such
individuals, and provide such individuals with enhanced
flexibility, choice, and control in obtaining intensive
reemployment, training, and supportive services.
``(3) Grants.--
``(A) In general.--In carrying out the demonstration
project, the Secretary shall make grants, on a competitive
basis, to eligible entities to provide personal reemployment
accounts to eligible individuals. In awarding grants under
this subsection the Secretary shall take into consideration
awarding grants to eligible entities from diverse geographic
areas, including rural areas.
``(B) Duration.--The Secretary shall make the grants for
periods of not less than 2 years and may renew the grant for
each of the succeeding 3 years.
``(4) Eligible entity.--In this subsection, the term
`eligible entity' means--
``(A) a State; or
``(B) a local board or consortium of local boards.
``(5) Use of funds.--
``(A) In general.--An eligible entity that receives a grant
under this subsection shall use the grant funds to provide,
through a local area or areas, eligible individuals with
personal reemployment accounts. An eligible individual may
receive only 1 personal reemployment account.
``(B) Geographic area and amount.--
``(i) In general.--The eligible entity shall establish the
amount of a personal reemployment account for each eligible
individual participating, which shall be uniform throughout
the area represented by the eligible entity, and shall not
exceed $3,000.
``(ii) Option for states.--If the eligible entity is a
State, the eligible entity may choose to use the grant
statewide, if practicable, or only in specified local areas
within a State.
``(C) Eligible individuals.--
``(i) In general.--Each eligible entity shall establish
eligibility criteria for individuals for personal
reemployment accounts in accordance with this subparagraph.
``(ii) Eligibility criteria requirements.--
``(I) In general.--Subject to subclause (II), an individual
shall be eligible to receive a personal reemployment account
under a grant awarded under this subsection if, beginning
after the date of enactment of this subsection, the
individual--
``(aa) is identified by the State pursuant to section
303(j)(1) of the Social Security Act (42 U.S.C. 503(j)(1)) as
likely to exhaust regular unemployment compensation and in
need of job search assistance to make a successful transition
to new employment, or the individual's unemployment can be
attributed in substantial part to unfair competition from
Federal Prison Industries, Incorporated;
``(bb) is receiving regular unemployment compensation under
any Federal or State unemployment compensation program
administered by the State; and
``(cc) is eligible for not less than 20 weeks of regular
unemployment compensation described in item (bb).
``(II) Additional eligibility and priority criteria.--An
eligible entity may establish criteria that are in addition
to the criteria described in subclause (I) for the
eligibility of individuals to receive a personal reemployment
account under this subsection. An eligible entity may also
establish criteria for priority in the provision of a
personal reemployment account to such eligible individuals
under a grant awarded under this subsection.
``(iii) Transition rule.--
``(I) Previously identified as likely to exhaust
unemployment compensation.--
``(aa) In general.--At the option of the eligible entity,
and subject to item (bb), an individual may be eligible to
receive a personal reemployment account under this subsection
if the individual--
``(AA) during the 13-week period ending the week prior to
the date of the enactment of the subsection, was identified
by the State pursuant to section 303(j)(1) of the Social
Security Act (42 U.S.C. 503(j)(1)) as likely to exhaust
regular unemployment compensation and in need of job search
assistance to make a successful transition to new employment;
and
``(BB) otherwise meets the requirements of clause
(ii)(I)(bb) and (cc).
``(bb) Additional eligibility and priority criteria.--An
eligible entity may establish criteria that is in addition to
the criteria described in item (aa) for the eligibility of
individuals to receive a personal reemployment account under
this subsection. An eligible entity may also establish
criteria for priority in the provision of such accounts to
such eligible individuals under this subsection.
``(II) Previously exhausted unemployment compensation.--At
the option of the eligible entity, an individual may be
eligible to receive a personal reemployment account under a
grant awarded under this subsection if the individual--
``(aa) during the 26-week period ending the week prior to
the date of the enactment of this subsection, exhausted all
rights to any unemployment compensation; and
``(bb)(AA) is enrolled in training and needs additional
support to complete such training, with a priority of service
to be provided to such individuals who are training for
shortage occupations or high-growth industries; or
``(BB) is separated from employment in an industry or
occupation that has experienced declining employment, or no
longer provides any employment, in the local labor market
during the 2-year period ending on the date of the
determination of eligibility of the individual under this
subparagraph.
``(iv) No individual entitlement.--Nothing in this
subsection shall be construed to entitle any individual to
receive a personal reemployment account.
``(D) Limitations.--
``(i) Information and attestation.--Prior to the
establishment of a personal reemployment account for an
eligible individual, the eligible entity receiving a grant,
through the one-stop delivery system in the participating
local area or areas, shall ensure that the individual--
``(I) is informed of the requirements applicable to the
personal reemployment account, including the allowable uses
of funds from the account, the limitations on access to
services described in paragraph (7)(A)(iii) and a description
of such services, and the conditions for receiving a
reemployment bonus;
``(II) has the option to develop a personal reemployment
plan which will identify the employment goals and appropriate
combination of services selected by the individual to achieve
the employment goals; and
``(III) signs an attestation that the individual has been
given the option to develop a personal reemployment plan in
accordance with subclause (II), will comply with the
requirements under this subsection relating to the personal
reemployment accounts, and will reimburse the account or, if
the account has been terminated, the grant awarded under this
subsection, for any amounts expended from the account that
are not allowable.
``(ii) Periodic interviews.--If a recipient exhausts his or
her rights to any unemployment compensation, and the
recipient has a remaining balance in his or her personal
reemployment account, the one-stop delivery system shall
conduct periodic interviews with the recipient to assist the
recipient in meeting his or her individual employment goals.
``(iii) Use of personal reemployment accounts.--The
eligible entity receiving a grant shall ensure that eligible
individuals receiving a personal reemployment account use the
account in accordance with paragraph (7).
``(6) Application for grants.--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) if the eligible entity is a State--
``(i) assurance that the application was developed in
conjunction with the local board or boards and chief elected
officials where the personal reemployment accounts shall be
made available; and
``(ii) a description of the methods and procedures for
providing funds to local areas where the personal
reemployment accounts shall be made available;
``(B) a description of the criteria and methods to be used
for determining eligibility for the personal reemployment
account, including whether the eligible entity intends to
include the optional categories described in paragraph
(5)(C)(iii), and the additional criteria and priority for
service that the eligible entity intends to apply, if any,
pursuant to paragraph (5)(C)(ii)(II);
``(C) a description of the methods or procedures to be used
to provide eligible individuals information relating to
services and providers;
``(D) a description of safeguards to ensure that funds from
the personal reemployment accounts are used for purposes
authorized under this subsection and to ensure the quality
and integrity of services and providers, consistent with the
purpose of providing eligible individuals with enhanced
flexibility, choice, and control in obtaining intensive
reemployment, training, and supportive services;
``(E) a description of how the eligible entity will
coordinate the activities carried out under this subsection
with the employment and training activities carried out under
section 134 and other activities carried out by local boards
through the one-stop delivery system in the State or local
area; and
``(F) an assurance that the eligible entity will comply
with any evaluation and reporting requirements the Secretary
may require.
``(7) Use of personal reemployment accounts.--
``(A) Allowable activities.--
``(i) In general.--Subject to the requirements contained in
clauses (ii) and (iii), a recipient of a personal
reemployment account may use amounts in a personal
reemployment account to purchase 1 or more of the following:
``(I) Intensive services, including those type of services
specified in section 134(d)(3)(C).
``(II) Training services, including those types of services
specified in section 134(d)(4)(D).
``(III) Supportive services, except for needs related
payments.
[[Page H893]]
``(ii) Delivery of services.--The following requirements
relating to delivery of services shall apply to the grants
under this subsection:
``(I) Recipients may use funds from the personal
reemployment account to purchase the services described in
clause (i) through the one-stop delivery system on a fee-for-
service basis, or through other providers, consistent with
the safeguards described in paragraph (6)(D).
``(II) The eligible entity, through the one-stop delivery
system in the participating local area, may pay costs for
such services directly on behalf of the recipient, through a
voucher system, or by reimbursement to the recipient upon
receipt of appropriate cost documentation.
``(III) Each eligible entity, through the one-stop delivery
system in the participating local area, shall make available
to recipients information on training providers specified in
section 134(d)(4)(F)(ii), information available to the one-
stop delivery system on providers of the intensive and
supportive services described in clause (i), and information
relating to occupations in demand in the local area.
``(iii) Limitations.--The following limitations shall apply
with respect to personal reemployment accounts under this
subsection:
``(I) Amounts in a personal reemployment account may be
used for up to 1 year from the date of the establishment of
the account.
``(II) Each recipient shall submit cost documentation as
required by the one-stop delivery system.
``(III) For the 1-year period following the establishment
of the account, recipients may not receive intensive,
supportive, or training services funded under this title
except on a fee-for-services basis as specified in clause
(ii)(I).
``(IV) Amounts in a personal reemployment account shall be
nontransferable.
``(B) Reemployment bonus.--
``(i) In general.--Subject to clause (ii)--
``(I) if a recipient determined eligible under paragraph
(5)(C)(ii) obtains full-time employment before the 13th week
of unemployment for which unemployment compensation is paid,
the balance of his or her personal reemployment account shall
be provided directly to the recipient in cash; and
``(II) if a recipient determined eligible under paragraph
(5)(C)(iii) obtains full-time employment before the end of
the 13th week after the date on which the account is
established, the balance of his or her personal reemployment
account shall be provided directly to the recipient in cash.
``(ii) Limitations.--The following limitations shall apply
with respect to a recipient described in clause (i):
``(I) 60 percent of the remaining personal reemployment
account balance shall be paid to the recipient at the time of
employment.
``(II) 40 percent of the remaining personal reemployment
account shall be paid to the recipient after 26 weeks of
employment retention.
``(iii) Exception regarding subsequent employment.--If a
recipient described in clause (i) subsequently becomes
unemployed due to a lack of work after receiving the portion
of the reemployment bonus specified under clause (ii)(I), the
individual may use the amount remaining in the personal
reemployment account for the purposes described in
subparagraph (A) but may not be eligible for additional cash
payments under this subparagraph.
``(8) Program information and evaluation.--
``(A) Information.--The Secretary may require from eligible
entities the collection and reporting on such financial,
performance, and other program-related information as the
Secretary determines is appropriate to carry out this
subsection, including the evaluation described in
subparagraph (B).
``(B) Evaluation.--
``(i) In general.--The Secretary, pursuant to the authority
provided under section 172, shall, directly or through
grants, contracts, or cooperative agreement with appropriate
entities, conduct an evaluation of the activities carried out
under any grants awarded under this subsection.
``(ii) Report.--The report to Congress under section 172(e)
relating to the results of the evaluations required under
section 172 shall include the recommendation of the Secretary
with respect to the use of personal reemployment account as a
mechanism to assist individuals in obtaining and retaining
employment.''.
SEC. 124. TRAINING FOR REALTIME WRITERS.
Section 171 of the Workforce Investment Act of 1998 is
further amended by adding at the end the following:
``(f) Training for Realtime Writers.--
``(1) In general.--The Secretary may make competitive
grants to eligible entities under paragraph (2)(A) to promote
training and placement of individuals as realtime writers in
order to meet the requirements for closed captioning of video
programming set forth in section 723 of the Communications
Act of 1934 (47 U.S.C. 613) and the rules prescribed
thereunder.
``(2) Limitations.--
``(A) Eligible entities.--For purposes of this subsection,
an eligible entity is a court reporting or realtime writing
training program that--
``(i) can document and demonstrate to the Secretary that it
meets appropriate standards of educational and financial
accountability, with a curriculum capable of training
realtime writers, qualified to provide captioning services
and includes arrangements to assist in the placement of such
individuals in employment as realtime writers; and
``(ii) is and entity that--
``(I) is an eligible provider of training services under
section 122; or
``(II) is accredited by an accrediting agency recognized by
the Department of Education; and participates in student aid
programs under title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et seq.).
``(B) Priority in grants.--In determining whether to award
grants under this section, the Secretary shall give priority
to eligible entities that--
``(i) demonstrate the greatest ability to increase their
capacity to train realtime writers;
``(ii) demonstrate the most promising collaboration with
local workforce investment boards, local educational
institutions, businesses, labor organizations, or other
community-based organization having the potential to train or
provide job placement assistance to realtime writers; and
``(iii) propose the most promising and innovative
approaches for initiating or expanding training or job
placement assistance efforts for realtime writers.
``(C) Duration of grant.--A grant under this subsection
shall be for a period of 2 years.
``(D) Maximum amount of grant.--The amount of a grant
provided under paragraph (1) to an entity eligible may not
exceed $1,500,000.
``(3) Application.--To receive a grant under paragraph (1),
an eligible entity shall submit an application to the
Secretary at such time and in such manner as the Secretary
may require. The application shall include--
``(A) a description of the training and assistance to be
funded using the grant amount, including how such training
and assistance will increase the number of realtime writers;
``(B) a description of performance measures to be utilized
to evaluate the progress of individuals receiving such
training and assistance in matters relating to enrollment,
completion of training, and job placement and retention;
``(C) a description of the manner in which the eligible
entity intends to continue providing the training and
assistance to be funded by the grant after the end of the
grant period, including any partnerships or arrangements
established for that purpose;
``(D) a description of how the eligible entity will work
with local workforce investment boards to ensure that
training and assistance to be funded with the grant will
further local workforce goals, including the creation of
educational opportunities for individuals who are from
economically disadvantaged backgrounds or are dislocated
workers; and
``(E) such other information as the Secretary may require.
``(4) Use of funds.--
``(A) In general.--An eligible entity receiving a grant
under paragraph (1) shall use the grant amount for purposes
relating to the recruitment, training, assistance, and job
placement of individuals (including individuals who have
completed a court reporting training program) as realtime
writers, including--
``(i) recruitment activities;
``(ii) the provision of training grants to individuals for
training in realtime writing;
``(iii) distance learning;
``(iv) design and development of curriculum to more
effectively train realtime writing skills and education in
the knowledge bases necessary for the delivery of high
quality closed captioning services;
``(v) assistance in job placement for upcoming and recent
graduates with all types of captioning employers; and
``(vi) encouragement of individuals with disabilities to
pursue a career in realtime writing.
``(B) Administrative costs.--The recipient of a grant under
paragraph (1) may not use more than 5 percent of the grant
amount to pay administrative costs associated with activities
funded by the grant.
``(5) Reports.--Each eligible entity receiving a grant
under paragraph (1) shall submit to the Secretary, at the end
of each year of the grant period, a report which shall
include--
``(A) a description of the use of grant amounts by the
entity during such year;
``(B) an assessment, utilizing the performance measures
submitted by the entity in the application for the grant
under paragraph (2)(D), of the effectiveness of activities
carried out using such funds in increasing the number of
realtime writers; and
``(C) a description of the best practices identified by the
entity as a result of the grant for increasing the number of
individuals who are trained, employed, and retained in
employment as realtime writers.''.
SEC. 125. BUSINESS PARTNERSHIP GRANTS.
Section 171 (29 U.S.C. 2916) is further amended by adding
at the end the following:
``(g) Business Partnership Grants.--
``(1) Demonstration project.--In addition to the
demonstration projects under subsection (b), (d), and (e),
the Secretary may make up to 10 competitive grants per year
to eligible entities to expand local sector-focused training
and workforce development in high growth, high wage industry
sectors in one or more regions of particular States.
``(2) Eligible entities.--For purposes of this subsection
an eligible entity is a business or business partnership,
including associations of single or related industry
employers and employee representatives, consortia of such
employers, employee representatives, and workforce
development community-based organizations, and higher
education institutions.
``(3) Use of funds.--Grants awarded under this subsection
may be used to--
``(A) provide workforce-directed business services to help
employers in targeted industries better retain, support and
advance their skilled workers;
``(B) provide capacity building through regional skill
alliances, workforce intermediaries, and other collaborative
entities to link businesses to public workforce systems and
service providers targeted for their industry;
``(C) conduct analyses of skills that are needed in the
workforce in such industries currently and in the future to
project new market opportunities in particular industries;
[[Page H894]]
``(D) develop rigorous training and education programs
related to employment in high-growth, high-wage industries;
``(E) develop skill standards and industry-certified
curricula used in preparing workers for employment in such
industries;
``(F) train adults and dislocated workers in the skills and
competencies needed to obtain or upgrade employment;
``(G) disseminate information on high-growth, high-wage
occupations;
``(H) place trained individuals into employment in high-
growth, high-wage industries;
``(I) increase integration between training providers,
businesses, and the one-stop delivery system to meet the
training needs of particular industries.
``(4) Reports.--The Secretary shall track and annually
report to the chairmen and ranking minority members of the
Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor
and Pensions of the Senate, on the industries receiving
grants under this subsection, the performance results of each
such grant, and the percentage and amount of grants awarded
to eligible entities for programs serving each of the
following populations: incumbent workers, dislocated workers,
adults, and youth.''.
SEC. 126. NATIONAL DISLOCATED WORKER GRANTS.
(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
(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)(1) of this
section) is amended by striking ``, and other entities'' and
all that follows and inserting a period.
(d) Participant Eligibility for Military Spouses.--Section
173(b)(2)(A) (29 U.S.C. 2918(b)(2)(A)) (as redesignated by
subsection (b)(1) of this section) is amended--
(1) in clause (iii), by striking ``; or'' and inserting a
semicolon;
(2) in clause (iv)(IV) by striking the period and inserting
``; or''; and
(3) by inserting at the end the following:
``(v) is the spouse of a member of the Armed Forces who is
on active duty or full-time National Guard duty, or who was
recently separated from such duties, and such spouse is in
need of employment and training assistance to obtain or
retain employment.''.
(e) 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. 127. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL
ACTIVITIES.
(a) In General.--Section 174(a)(1) (29 U.S.C. 2919(a)(1))
is amended by striking ``1999 through 2003'' and inserting
``2006 through 2011''.
(b) Reservations.--Section 174(b) is amended to read as
follows:
``(b) Technical Assistance; Demonstration and Pilot
Projects; Evaluations; Incentive Grants.--
``(1) Demonstration and pilot projects.--
``(A) In general.--There are authorized to be appropriated
to carry out section 171, $211,000,000 for fiscal year 2006
and such sums as may be necessary for fiscal years 2007
through 2011.
``(B) Reservation for community-based job training.--Of the
amount appropriated pursuant to subparagraph (A), the
Secretary shall reserve up to $125,000,000 for carrying out
section 171(d).
``(2) Technical assistance, evaluations.--There are
authorized to be appropriated to carry out section 170,
section 172, and section 136 such sums as may be necessary
for each of fiscal years 2006 through 2011.''.
SEC. 128. 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) (29 U.S.C. 2931(e)) is
amended by striking ``training for'' and inserting ``the
entry into employment, retention in employment, or increases
in earnings of''.
(c) Reports to Congress.--Section 185(e)(2) (29 U.S.C.
2935(e)(2)) is amended by inserting ``and the Secretary shall
submit to the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate,'' after
``Secretary,''.
SEC. 129. NONDISCRIMINATION.
Section 188(a)(2) (29 U.S.C. 2931(a)(2)) is amended to read
as follows:
``(2) Prohibition of discrimination regarding
participation, benefits, and employment.--
``(A) In general.--Except as provided in subparagraph (B),
no individual shall be excluded from participation in, denied
the benefits of, subjected to discrimination under, or denied
employment in the administration of or in connection with,
any such program or activity because of race, color,
religion, sex (except as otherwise permitted under title IX
of the Education Amendments of 1972), national origin, age,
disability, or political affiliation or belief.
``(B) Exemption for religious organizations.--Subparagraph
(A) shall not apply to a recipient 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. 130. 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. 131. GENERAL PROGRAM REQUIREMENTS.
Section 195 (29 U.S.C. 2945) is amended by adding at the
end the following new paragraphs:
``(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.
``(15) Any report required to be submitted to Congress, or
to a Committee of Congress, under this title shall be
submitted to both the chairmen and ranking minority members
of the Committee on Education and the Workforce of the House
of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate.''.
TITLE II--ADULT EDUCATION, 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 EDUCATION, 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 Institute for Literacy.
``Sec. 243. National leadership activities.''.
SEC. 202. AMENDMENT.
Title II (29 U.S.C. 2901 et seq.) is amended to read as
follows:
``TITLE II--ADULT EDUCATION, BASIC SKILLS, AND FAMILY LITERACY
EDUCATION
``SEC. 201. SHORT TITLE.
``This title may be cited as the `Adult Education, 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 literacy
skills, including their basic reading, writing, speaking, and
math skills, and support States and local communities in
providing, on a voluntary basis, adult education, basic
skills, and family literacy education programs, in order to--
[[Page H895]]
``(1) increase the literacy of adults, including the basic
reading, writing, speaking, and math skills, to a level of
proficiency 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) assist adults who are parents to enable them to
support the educational development of their children and
make informed choices regarding their children's education
including, through instruction in basic reading, writing,
speaking, and math skills; 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 education, basic skills, and family literacy
education programs.--The term `adult education, 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
at least a 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, General
Educational Development credential (GED), or other State-
recognized equivalent 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 primary entity or agency in a State or an
outlying area responsible for administering or supervising
policy for adult education, 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 education, 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.
``(6) Family literacy education program.--The term `family
literacy education program' means an educational program
that--
``(A) assists parents and students, on a voluntary basis,
in achieving the purposes of this title as described in
section 202; and
``(B) is of sufficient intensity in terms of hours and of
sufficient duration to make sustainable changes in a family,
is based upon scientific research-based principles, and, for
the purpose of substantially increasing the ability of
parents and children to read, write, and speak English,
integrates--
``(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).
``(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.
``(11) Literacy.--The term `literacy' means an individual's
ability to read, write, and speak in English, compute, and
solve problems at a level of proficiency necessary to obtain
employment and to successfully make the transition to
postsecondary education.
``(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.
``(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.
``(16) Scientifically based research.--The term
`scientifically based research' has the meaning given to that
term in section 9101 of the Elementary and Secondary
Education Act of 1965.
``(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) 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 education, basic skills, and family
literacy education program.
``SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
title $590,127,000 for fiscal year 2006 and such sums as may
be necessary for fiscal years 2007 through 2011.
``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 up to 1.72 percent for incentive grants
under section 213;
``(2) shall reserve 1.75 percent to carry out section 242;
and
``(3) shall reserve up to 1.55 percent to carry out section
243.
``(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;
[[Page H896]]
``(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, General
Educational Development credential (GED), or other State-
recognized equivalent; 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 Palau, the Secretary shall
award grants to Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, 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 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 the
Republic of Palau 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 2006 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 (c)(1) (and no additional allotment under
subsection (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 education, basic skills, and family
literacy education programs funded under this title, in order
to optimize the return on investment of Federal funds in
adult education, 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 literacy, including basic
skill levels in reading, writing, and speaking the English
language and basic math, leading to proficiency in each
skill.
``(ii) Receipt of a secondary school diploma, General
Educational Development credential (GED), or other State-
recognized equivalent.
``(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.
``(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 education, 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 education,
basic skills, and family literacy education programs
authorized under this title, the Secretary and each eligible
agency shall reach agreement on levels of student performance
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
performance 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, and
eligible providers 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
(including on the Internet site of the Department of
Education) 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)(1), the Secretary may award grants to States for
exemplary performance in carrying out programs under this
title. Such awards shall be based on States 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
[[Page H897]]
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 education, 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 education, 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
education, 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
education, 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 education, 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 education, basic skills, and family
literacy education programs, including for the development
and dissemination of scientifically based research
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 education,
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 education, 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 243(7).
``(11) Other activities of statewide significance,
including assisting eligible providers in achieving progress
in improving the skill levels of adults who participate in
programs under this title.
``(12) Integration of literacy, instructional, and
occupational skill training and promotion of linkages with
employees.
``(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 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 education, basic
skills, and family literacy education programs, including
individuals most in need or hardest to serve;
``(2) a description of the adult education, 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 education, 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 education, 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
education, 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
education, 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 education, 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 education, 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 education, 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
education, basic skills, and family literacy education
programs; and
``(B) how the State will increase the participation of
business and industry in adult education, basic skills, and
family literacy education programs;
``(13) an assessment of the adequacy of the system of the
State or outlying area to ensure teacher quality and a
description of how the State or outlying area will use funds
received under this subtitle to improve teacher quality,
including professional development on the use of
scientifically based research to improve instruction; and
``(14) 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.
[[Page H898]]
``(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) Definitions.--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 education, 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 education, basic skills, and family literacy
education programs (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 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 services, including
individuals who are low-income or have minimal reading,
writing, speaking, and math skills, or limited English
proficiency;
``(4) 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) educational practices are based on scientifically
based research;
``(6) the activities of the eligible provider effectively
employ advances in technology, as appropriate, including the
use of computers;
``(7) the activities provide instruction in real-life
contexts, when appropriate, to ensure that an individual has
the skills needed to compete in the workplace and exercise
the rights and responsibilities of citizenship;
``(8) the activities are staffed by well-trained
instructors, counselors, and administrators;
``(9) 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) 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) 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) 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) adult education, basic skills, and family literacy
education programs offer rigorous reading, writing, speaking,
and math content that are based on scientifically based
research; and
``(15) applications of technology, and services to be
provided by the eligible providers, are of sufficient
intensity and duration to increase the amount and quality of
learning and lead to measurable learning gains within
specified time periods.
``(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.
``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 education, 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 education, 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 education, basic skills, and family literacy education
programs under this title shall supplement and not supplant
other State or local public funds expended for adult
education, 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
education, 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 education, 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 education, basic skills, and family
literacy education programs under this title for a fiscal
year is less
[[Page H899]]
than the amount made available for adult education, 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 INSTITUTE FOR LITERACY.
``(a) In General.--
``(1) Purpose.--The purpose of the National Institute for
Literacy is to promote the improvement of literacy, including
skills in reading, writing, and English language acquisition
for children, youth, and adults, through practices derived
from the findings of scientifically based research.
``(2) Establishment.--There is established a National
Institute for Literacy (in this section referred to as the
`Institute'). The Institute shall be administered under the
terms of an interagency agreement entered into, reviewed
annually, and modified as needed by the Secretary of
Education with the Secretary of Health and Human Services and
the Secretary of Labor (in this section referred to as the
`Interagency Group').
``(3) Offices.--The Institute shall have offices separate
from the offices of the Department of Education, the
Department of Health and Human Services, and the Department
of Labor.
``(4) Administrative support.--The Department of Education
shall provide administrative support for the Institute.
``(5) Daily operations.--The Director of the Institute
shall administer the daily operations of the Institute.
``(b) Duties.--
``(1) In general.--To carry out its purpose, the Institute
may--
``(A) identify and disseminate rigorous scientific research
on the effectiveness of instructional practices and
organizational strategies relating to programs on the
acquisition of skills in reading, writing, and English
language acquisition for children, youth, and adults;
``(B) create and widely disseminate materials about the
acquisition and application of skills in reading, writing,
and English language acquisition for children, youth, and
adults based on scientifically based research;
``(C) ensure a broad understanding of scientifically based
research on reading, writing, and English language
acquisition for children, youth, and adults among Federal
agencies with responsibilities for administering programs
that provide related services, including State and local
educational agencies;
``(D) facilitate coordination and information sharing among
national organizations and associations interested in
programs that provide services to improve skills in reading,
writing, and English language acquisition for children,
youth, and adults;
``(E) coordinate with the appropriate offices in the
Department of Education, the Department of Health and Human
Services, the Department of Labor, and other Federal agencies
to apply the findings of scientifically based research
related to programs on reading, writing, and English language
acquisition for children, youth, and adults;
``(F) establish a national electronic database and Internet
site describing and fostering communication on scientifically
based programs in reading, writing, and English language
acquisition for children, youth, and adults, including
professional development programs; and
``(G) provide opportunities for technical assistance,
meetings, and conferences that will foster increased
coordination among Federal, State, and local agencies and
entities and improvement of reading, writing, and English
language acquisition skills for children, youth, and adults.
``(2) Coordination.--In identifying scientifically based
research on reading, writing, and English language
acquisition for children, youth, and adults, the Institute
shall use standards for research quality that are consistent
with those established by the Institute of Education
Sciences.
``(3) Grants, contracts, and cooperative agreements.--
``(A) In general.--The Institute may award grants to, or
enter into contracts or cooperative agreements with,
individuals, public or private institutions, agencies,
organizations, or consortia of such individuals,
institutions, agencies, or organizations, to carry out the
activities of the Institute.
``(B) Regulations.--The Director may adopt the general
administrative regulations of the Department of Education, as
applicable, for use by the Institute.
``(C) Relation to other laws.--The duties and powers of the
Institute under this title 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
(commonly referred to as Reading First, Early Reading First,
and the William F. Goodling Even Start Family Literacy
Program, respectively).
``(c) Visiting Scholars.--The Institute may establish a
visiting scholars program, with such stipends and allowances
as the Director considers necessary, for outstanding
researchers, scholars, and individuals who--
``(1) have careers in adult education, workforce
development, or scientifically based reading, writing, or
English language acquisition; and
``(2) can assist the Institute in translating research into
practice and providing analysis that advances instruction in
the fields of reading, writing, and English language
acquisition for children, youth, and adults.
``(d) Interns and Volunteers.--The Institute, in
consultation with the National Institute for Literacy
Advisory Board, may award paid and unpaid internships to
individuals seeking to assist the Institute in carrying out
its purpose. Notwithstanding section 1342 of title 31, United
States Code, the Institute may accept and use voluntary and
uncompensated services as the Institute determines necessary.
``(e) National Institute for Literacy Advisory Board.--
``(1) Establishment.--
``(A) In general.--There shall be a National Institute for
Literacy Advisory Board (in this section referred to as the
`Board'), which shall consist of 10 individuals appointed by
the President with the advice and consent of the Senate.
``(B) Qualifications.--The Board shall be composed of
individuals who--
``(i) are not otherwise officers or employees of the
Federal Government; and
``(ii) are knowledgeable about current effective
scientifically based research findings on instruction in
reading, writing, and English language acquisition for
children, youth, and adults.
``(C) Composition.--The Board may include--
``(i) representatives of business, industry, labor,
literacy organizations, adult education providers, community
colleges, students with disabilities, and State agencies,
including State directors of adult education; and
``(ii) individuals who, and representatives of entities
that, have been successful in improving skills in reading,
writing, and English language acquisition for children,
youth, and adults.
``(2) Duties.--The Board shall--
``(A) make recommendations concerning the appointment of
the Director of the Institute;
``(B) provide independent advice on the operation of the
Institute;
``(C) receive reports from the Interagency Group and the
Director; and
``(D) review the biennial report to the Congress under
subsection (k).
``(3) Federal advisory committee act.--Except as otherwise
provided, the Board shall be subject to the provisions of the
Federal Advisory Committee Act.
``(4) Appointments.--
``(A) 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 one-third of the members are
selected each year. Any such member may be appointed for not
more than 2 consecutive terms.
``(B) 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.
``(5) Quorum.--A majority of the members of the Board shall
constitute a quorum, but a lesser number may hold hearings. A
recommendation of the Board may be passed only by a majority
of the Board's members present at a meeting for which there
is a quorum.
``(6) 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.
``(7) Meetings.--The Board shall meet at the call of the
Chairperson or a majority of the members of the Board.
``(f) Gifts, Bequests, and Devises.--
``(1) In general.--The Institute may accept, administer,
and use gifts or donations of services, money, or property,
whether real or personal, tangible or intangible.
``(2) Rules.--The Board 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.
``(g) 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.
``(h) Director.--The Secretary of Education, after
considering recommendations made by the Board and consulting
with the Interagency Group, shall appoint and fix the pay of
the Director of the Institute and, when necessary, shall
appoint an Interim Director of the Institute.
``(i) Applicability of Certain Civil Service Laws.--The
Director and 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.
``(j) Experts and Consultants.--The Institute may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code.
[[Page H900]]
``(k) Biennial Report.--
``(1) In general.--The Institute shall submit a report
biennially to the Committee on Education and the Workforce of
the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate. Each report
submitted under this subsection shall include--
``(A) a comprehensive and detailed description of the
Institute's operations, activities, financial condition, and
accomplishments in identifying and describing programs on
reading, writing, and English language acquisition for
children, youth, and adults for the period covered by the
report; and
``(B) a description of how plans for the operation of the
Institute for the succeeding 2 fiscal years will facilitate
achievement of the purpose of the Institute.
``(2) First report.--The Institute shall submit its first
report under this subsection to the Congress not later than 1
year after the date of the enactment of the Job Training
Improvement Act of 2005.
``(l) Additional Funding.--In addition to the funds
authorized under section 205 and reserved for the Institute
under section 211, the Secretary of Education, the Secretary
of Health and Human Services, the Secretary of Labor, or the
head of any other Federal agency or department that
participates in the activities of the Institute may provide
funds to the Institute for activities that the Institute is
authorized to perform under this section.
``SEC. 243. 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 request 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 education basic skills, English language
acquisition, 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, including
instruction in English language acquisition for individuals
who have limited English proficiency.
``(2) Providing for the conduct of research on national
literacy basic skill acquisition levels among adults,
including the number of limited English proficient 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 education
basic skills, English language acquisition, 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 education basic skills, English
language acquisition, and family literacy education programs.
``(6) Identifying model integrated basic and workplace
skills education programs, including programs for individuals
with limited English proficiency 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 education, 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, 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 education basic
skills, English language acquisition, and family literacy
education programs nationwide.''.
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 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
[[Page H901]]
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 described 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) In general.--In order to receive Federal financial
assistance under this section, the Governor of a State
shall--
``(A) be responsible for the management of the portions of
the workforce and labor market information system described
in subsection (a) that comprise a statewide workforce and
labor market information system and for the State's
participation in the development of the annual plan;
``(B) establish a process for the oversight of such system;
``(C) consult with State and local 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;
``(D) 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;
``(E) 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);
``(F) maintain and continuously improve the statewide
workforce and labor market information system in accordance
with this section;
``(G) perform contract and grant responsibilities for data
collection, analysis, and dissemination for such system;
``(H) conduct such other data collection, analysis, and
dissemination activities as will ensure an effective
statewide workforce and labor market information system;
``(I) 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;
``(J) participate in the development of the annual plan
described in subsection (c); and
``(K) 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.
``(2) Rule of construction.--Nothing in this section shall
be construed as limiting the ability of a Governor to conduct
additional data collection, analysis, and dissemination
activities with State funds or with Federal funds from
sources other than this section.
``(f) Nonduplication Requirement.--None of the functions
and activities carried out pursuant to this 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 2006
through 2011.
``(h) Definition.--In this section, the term `local area'
means the smallest geographical area for which data can be
produced with statistical reliability.''.
TITLE IV--AMENDMENTS TO THE REHABILITATION ACT OF 1973
SEC. 401. FINDINGS.
Section 2(a) of the Rehabilitation Act of 1973 (29 U.S.C.
701(a)) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(7) there is a substantial need to improve and expand
services for students with disabilities under this Act.''.
SEC. 402. REHABILITATION SERVICES ADMINISTRATION.
Section 3(a) of the Rehabilitation Act of 1973 (29 U.S.C.
702(a)) is amended--
(1) by striking ``Office of the Secretary'' and inserting
``Department of Education'';
(2) by striking ``President by and with the advice and
consent of the Senate'' and inserting ``Secretary, except
that the Commissioner appointed under the authority existing
on the day prior to the date of enactment of the Job Training
Improvement Act of 2005 may continue to serve in the former
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--
(1) by striking ``Commissioner'' each place it appears,
except in sections 3(a) (as amended by section 402) and 21,
and inserting ``Director'';
(2) in section 100(d)(2)(B), by striking ``COMMISSIONER''
and inserting ``DIRECTOR'';
(3) in section 706, by striking ``COMMISSIONER'' and
inserting ``DIRECTOR''; and
(4) in section 723(a)(3), by striking ``commissioner'' 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. DEFINITIONS.
Section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705)
is amended--
(1) by redesignating paragraphs (35) through (39) as
paragraphs (36), (37), (38), (40), and (41), respectively;
(2) in subparagraph (A)(ii) of paragraph (36) (as
redesignated in paragraph (1)), by striking ``paragraph
(36)(C)'' and inserting ``paragraph (37)(C)'';
(3) by inserting after paragraph (34) the following:
``(35)(A) The term `student with a disability' means an
individual with a disability who--
``(i) is not younger than 16 and not older than 21;
``(ii) has been determined to be eligible under section
102(a) for assistance under this title; and
``(iii)(I) is eligible for, and is receiving, special
education under part B of the Individuals with Disabilities
Education Act (20 U.S.C. 1411 et seq.); or
``(II) is an individual with a disability, for purposes of
section 504.
``(B) The term `students with disabilities' means more than
1 student with a disability.''; and
(4) by inserting after paragraph (38) (as redesignated by
paragraph (1)) the following:
``(39) The term `transition services expansion year'
means--
``(A) the first fiscal year for which the amount
appropriated under section 100(b) exceeds the amount
appropriated under section 100(b) for fiscal year 2004 by not
less than $100,000,000; and
``(B) each fiscal year subsequent to that first fiscal
year.''.
SEC. 405. STATE PLAN.
(a) Coordination With Education Officials and Assistive
Technology Programs.--Section 101(a)(11) of the
Rehabilitation Act of 1973 (29 U.S.C. 721(a)(11)) is
amended--
(1) in subparagraph (D)(i) by inserting ``, which may be
provided using alternative means of meeting participation
(such as video conferences and conference calls)'' before the
semicolon; and
(2) by adding at the end the following:
``(G) Coordination with assistive technology programs.--The
State plan shall include an assurance that the designated
State unit and the lead agency responsible for carrying out
duties under the Assistive Technology Act of 1998 (29 U.S.C.
3001), as amended, have developed working relationships and
coordinate their activities.''.
(b) Assessment and Strategies.--Section 101(a)(15) of the
Rehabilitation Act of 1973 (29 U.S.C. 721(a)(15)) is
amended--
(1) in subparagraph (A)
(A) in clause (i)--
(i) in subclause (II), by striking ``and'' at the end;
(ii) in subclause (III), by adding ``and'' at the end; and
(iii) by adding at the end the following:
``(IV) in a transition services expansion year, students
with disabilities, including their need for transition
services;''; and
(B) 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
(2) in subparagraph (D)--
(A) by redesignating clauses (iii), (iv), and (v) as
clauses (iv), (v), and (vi), respectively; and
(B) by inserting after clause (ii) the following:
``(iii) in a transition services expansion year, the
methods to be used to improve and expand vocational
rehabilitation services for students with disabilities,
including the coordination of services designed to facilitate
the transition of such students from the receipt of
educational services in school to the receipt of vocational
rehabilitation services under this title or to postsecondary
education or employment;''.
(c) Services for Students With Disabilities.--Section
101(a) of the Rehabilitation Act of 1973 (29 U.S.C. 721(a))
is further amended by adding at the end the following:
``(25) Services for students with disabilities.--The State
plan for a transition services
[[Page H902]]
expansion year shall provide an assurance satisfactory to the
Secretary that the State--
``(A) has developed and implemented strategies to address
the needs identified in the assessment described in paragraph
(15), and achieve the goals and priorities identified by the
State, to improve and expand vocational rehabilitation
services for students with disabilities on a statewide basis
in accordance with paragraph (15); and
``(B) from funds reserved under section 110A, shall carry
out programs or activities designed to improve and expand
vocational rehabilitation services for students with
disabilities that--
``(i) facilitate the transition of the students with
disabilities from the receipt of educational services in
school, to the receipt of vocational rehabilitation services
under this title, including, at a minimum, those services
specified in the interagency agreement required in paragraph
(11)(D);
``(ii) improve the achievement of post-school goals of
students with disabilities, including improving the
achievement through participation (as appropriate when
vocational goals are discussed) in meetings regarding
individualized education programs developed under section 614
of the Individuals with Disabilities Education Act (20 U.S.C.
1414);
``(iii) provide vocational guidance, career exploration
services, and job search skills and strategies and technical
assistance to students with disabilities;
``(iv) support the provision of training and technical
assistance to State and local educational agency and
designated State agency personnel responsible for the
planning and provision of services to students with
disabilities; and
``(v) support outreach activities to students with
disabilities who are eligible for, and need, services under
this title.''.
SEC. 406. SCOPE OF SERVICES.
Section 103 of the Rehabilitation Act of 1973 (29 U.S.C.
723) is amended--
(1) in subsection (a), by striking paragraph (15) and
inserting the following:
``(15) transition services for students with disabilities,
that facilitate the achievement of the employment outcome
identified in the individualized plan for employment,
including, in a transition services expansion year, services
described in clauses (i) through (iii) of section
101(a)(25)(B);'';
(2) in subsection (b), by striking paragraph (6) and
inserting the following:
``(6)(A)(i) Consultation and technical assistance services
to assist State and local educational agencies in planning
for the transition of students with disabilities from school
to post-school activities, including employment.
``(ii) In a transition services expansion year, training
and technical assistance described in section
101(a)(25)(B)(iv).
``(B) In a transition services expansion year, services for
groups of individuals with disabilities who meet the
requirements of clauses (i) and (iii) of section 7(35)(A),
including services described in clauses (i), (ii), (iii), and
(v) of section 101(a)(25)(B), to assist in the transition
from school to post-school activities.''; and
(3) in subsection (b) by inserting at the end, the
following:
``(7) The establishment, development, or improvement of
assistive technology demonstration, loan, reutilization, or
financing programs in coordination with activities authorized
under the Assistive Technology Act of 1998 (29. U.S.C. 3001),
as amended, to promote access to assistive technology for
individuals with disabilities and employers.''.
SEC. 407. STANDARDS AND INDICATORS.
Section 106(a) of the Rehabilitation Act of 1973 (29 U.S.C.
726(a)) is amended by striking paragraph (1)(C) and all that
follows through paragraph (2) and inserting the following:
``(2) Measures.--The standards and indicators shall include
outcome and related measures of program performance that--
``(A) facilitate the accomplishment of the purpose and
policy of this title;
``(B) to the maximum extent practicable, are consistent
with the core indicators of performance, and corresponding
State adjusted levels of performance, established under
section 136(b) of the Workforce Investment Act of 1998 (29
U.S.C. 2871(b)); and
``(C) include measures of the program's performance with
respect to the transition to post-school vocational
activities, and achievement of the post-school vocational
goals, of students with disabilities served under the
program.''.
SEC. 408. RESERVATION FOR EXPANDED TRANSITION SERVICES.
The Rehabilitation Act of 1973 is amended by inserting
after section 110 (29 U.S.C. 730) the following:
``SEC. 110A. RESERVATION FOR EXPANDED TRANSITION SERVICES.
``(a) Reservation.--From the State allotment under section
110 in a transition services expansion year, each State shall
reserve an amount calculated by the Director under subsection
(b) to carry out programs and activities under sections
101(a)(25)(B) and 103(b)(6).
``(b) Calculation.--The Director shall calculate the amount
to be reserved for such programs and activities for a fiscal
year by each State by multiplying $50,000,000 by the
percentage determined by dividing--
``(1) the amount allotted to that State under section 110
for the prior fiscal year, by
``(2) the total amount allotted to all States under section
110 for that prior fiscal year.''.
SEC. 409. CLIENT ASSISTANCE PROGRAM.
Section 112(e)(1) of the Rehabilitation Act of 1973 (29
U.S.C. 732(e)(1)) is amended by redesignating subparagraph
(D) as subparagraph (E) and inserting after subparagraph (C)
the following:
``(D) The Secretary shall make grants to the protection and
advocacy system serving the American Indian Consortium to
provide services in accordance with this section. The amount
of such grants shall be the same as provided to territories
under this subsection. ''.
SEC. 410. PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS.
Section 509(g)(2) of the Rehabilitation Act of 1973 (29
U.S.C. 794e(g)(2)) is amended by striking ``was paid'' and
inserting ``was paid, except that program income generated
from such amount shall remain available to such system for
one additional fiscal year''.
SEC. 411. CHAIRPERSON.
Section 705(b)(5) of the Rehabilitation Act of 1973 (29
U.S.C. 796d(b)(5)) is amended to read as follows:
``(5) Chairperson.--The Council shall select a chairperson
from among the voting membership of the Council.''.
SEC. 412. AUTHORIZATIONS OF APPROPRIATIONS.
The Rehabilitation Act of 1973 is further amended--
(1) in section 100(b)(1) by striking ``fiscal years 1999
through 2003'' and inserting ``fiscal years 2006 through
2011'';
(2) in section 100(d)(1)(B) by striking ``fiscal year
2003'' and inserting ``fiscal year 2011'';
(3) in section 110(c) by amending paragraph (2) to read as
follows:
``(2) The sum referred to in paragraph (1) shall be, as
determined by the Secretary, not less than 1 percent and not
more than 1.5 percent of the amount referred to in paragraph
(1) for each of fiscal years 2003 through 2011.'';
(4) in section 112(h) by striking ``fiscal years 1999
through 2003'' and inserting ``fiscal years 2006 through
2011'';
(5) in section 201(a) by striking ``fiscal years 1999
through 2003'' each place it appears and inserting ``fiscal
years 2006 through 2011'';
(6) in section 302(i) by striking ``fiscal years 1999
through 2003'' and inserting ``fiscal years 2006 through
2011'';
(7) in section 303(e) by striking ``fiscal years 1999
through 2003'' and inserting ``fiscal years 2006 through
2011'';
(8) in section 304(b) by striking ``fiscal years 1999
through 2003'' and inserting ``fiscal years 2006 through
2011'';
(9) in section 305(b) by striking ``fiscal years 1999
through 2003'' and inserting ``fiscal years 2006 through
2011'';
(10) in section 405 by striking ``fiscal years 1999 through
2003'' and inserting ``fiscal years 2006 through 2011'';
(11) in section 502(j) by striking ``fiscal years 1999
through 2003'' and inserting ``fiscal years 2006 through
2011'';
(12) in section 509(l) by striking ``fiscal years 1999
through 2003'' and inserting ``fiscal years 2006 through
2011'';
(13) in section 612 by striking ``fiscal years 1999 through
2003'' and inserting ``fiscal years 2006 through 2011'';
(14) in section 628 by striking ``fiscal years 1999 through
2003'' and inserting ``fiscal years 2006 through 2011'';
(15) in section 714 by striking ``fiscal years 1999 through
2003'' and inserting ``fiscal years 2006 through 2011'';
(16) in section 727 by striking ``fiscal years 1999 through
2003'' and inserting ``fiscal years 2006 through 2011''; and
(17) in section 753 by striking ``fiscal years 1999 through
2003'' and inserting ``fiscal years 2006 through 2011''.
SEC. 413. CONFORMING AMENDMENT.
Section 1(b) of the Rehabilitation Act of 1973 is amended
by inserting after the item relating to section 110 the
following:
``Sec. 110A. Reservation for expanded transition services.''.
SEC. 414. HELEN KELLER NATIONAL CENTER ACT.
(a) General Authorization of Appropriations.--The first
sentence of section 205(a) of the Helen Keller National
Center Act (29 U.S.C. 1904(a)) is amended by striking ``1999
through 2003'' and inserting ``2006 through 2011''.
(b) Helen Keller National Center Federal Endowment Fund.--
The first sentence of section 208(h) of such Act (29 U.S.C.
1907(h)) is amended by striking ``1999 through 2003'' and
inserting ``2006 through 2011''.
TITLE V--TRANSITION AND EFFECTIVE DATE
SEC. 501. TRANSITION PROVISIONS.
The Secretary of Labor shall 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 109-11. 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 109-11.
Amendment Offered by Mr. Kildee
Mr. KILDEE. Mr. Chairman, I offer an amendment as a designee of the
gentleman from Massachusetts (Mr. Tierney).
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
[[Page H903]]
Amendment No. 1 offered by Mr. Kildee:
Strike sections 111 and 119.
In section 101(1), strike ``paragraphs (13) and'' and all
that follows through ``through (24)'' and insert ``paragraph
(24) and redesignating paragraphs (1) through (23) as
paragraphs (3) through (25)''.
In section 101(8), strike ``; and'' and insert a period.
Strike paragraph (9) of section 101.
In the table of contents in section 2 of the bill, strike
the items related to section 111 and redesignate succeeding
items accordingly.
In the table of contents in section 2 of the bill, strike
the item related to section 119 and redesignate succeeding
items accordingly.
The CHAIRMAN. Pursuant to House Resolution 126, the gentleman from
Michigan (Mr. Kildee) 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.
Mr. Chairman, current law requires that services be provided to both
in-school youth and out-of-school youth. Nothing in the Act prevents
States from spending all of youth funds on out-of-school youths. In
fact, as many as 17 States spend more than 30 percent on out-of-school
programs. The majority of States are challenged by current out-of-
school requirements.
Eliminating services for in-school youth cuts funding for programs
designed to keep youths in school, to develop workforce skills, to
prepare for post-secondary education, and provide after school and
summer opportunities.
H.R. 27 limits the business community's ability to work with schools
and prepare emerging workforces. In many communities, you have that
cooperation between the business community and the schools.
H.R. 27 restricts services for rural youths. Many rural in-school
programs provide workforce development and on-school support service
for students who are at risk for dropping out. I think it is very, very
important that we maintain the in-school youth program, and that is the
purpose for me offering this amendment.
Mr. Chairman, I reserve the balance of my time.
{time} 1700
Mr. BOEHNER. Mr. Chairman, I rise in opposition to the gentleman's
amendment and yield myself such time as I may consume.
Mr. Chairman, the amendment that is being offered by my friend, the
gentleman from Michigan (Mr. Kildee), would strike all of the positive
reforms for youth that are included in H.R. 27. Under current law,
funds for the WIA youth program are spread too thinly, as they fund
programs that both serve in-school and out-of-school youth.
In the White House, the Disadvantaged Youth Task Force has proposed
targeted Federal youth training funds to serve the most in need and to
reduce the duplication of services amongst Federal programs. There are
a large number of programs today designed to deal with in-school, at-
risk children, and there is really only one program in WIA that is
targeted at out-of-school youth.
What we tried to do in this bill was to strike a balance by requiring
that 70 percent of the youth program funds go to out-of-school youth, a
population that is by and large ignored and that I think these funds
ought to be targeted to. We do allow the local workforce boards to use
up to 30 percent of their programs for in-school youth; but there are
other programs, a half a dozen other programs, targeted at these at-
risk children who are in school.
So as a way of trying to bring more synergy to an effort to help out-
of-school youth, I think the language we have in the bill strikes the
right balance.
Mr. Chairman, I reserve the balance of my time.
Mr. KILDEE. Mr. Chairman, I yield the balance of my time to the
gentlewoman from Texas (Ms. Jackson-Lee).
Ms. JACKSON-LEE of Texas. Mr. Chairman, I rise to support the Tierney
amendment, and I thank the distinguished gentleman from Michigan (Mr.
Kildee) for yielding me this time and also for his leadership. I also
want to thank the gentleman from Massachusetts (Mr. Tierney) for his
leadership. I know he was very thoughtful in this amendment.
Particularly when we talk about these programs, what comes to mind,
and I heard the gentleman from Michigan (Mr. Kildee) be so eloquent in
the Committee on Rules about the effectiveness and the importance of a
training program, number one, for the new jobs of the 21st century. I
am reminded of the fact that I spent a good part of my time as a
locally elected official on the Houston City Council promoting the job
training programs of our community that came down through the workforce
board commissions in Texas.
When you eliminate summer jobs, you are literally undermining the
opportunities for inner-city and rural youth to move to the next level
of opportunity. You are extinguishing the right and the exposure that
they have for career preparation. You go into these youth training
programs and you look at the smiles on the faces of individuals who
have come from experiences where there was no work, where their
families are unemployed, and where there is no hope and opportunity.
I am very disappointed, in addition, to the cut in youth programs,
and the fact that we are now getting rid of the veterans' preference
for job training, actually cutting funds. What an outrage. With a
million people having served in Afghanistan and Iraq; with the
devastation of the impact of those returning veterans, with their
emotional problems and injuries, and now we are suggesting to them that
they are not worthy of a job preference.
Let me also say that when you block-grant these dollars, you block-
grant job training away. That is what this program does; and in
particular, it sends away this opportunity.
My last point is that I might beg to differ with the chairman of this
particular distinguished committee. There is discrimination in this
bill. And, frankly, I think we should follow the Kildee model, who said
that he knew a priest in Detroit who had a job training program who
made sure that there was no discrimination, whether someone is a
Muslim, whether they are Jewish or Catholic or Protestant. A program
that is based upon religion and allows someone to deny you the
opportunity for a job or a training position under the auspices of
being a particular faith and being in charge of that particular program
is discrimination under title VII in the 1964 Civil Rights Bill or
under any discrimination law that has been passed in America and that
exists today.
Frankly, I believe this bill, even in its presence on the floor of
the House, should go no further than this House; and I ask my
colleagues to support the Tierney amendment, but to oppose the
underlying bill.
Mr. BOEHNER. Mr. Chairman, I yield myself such time as I may consume
just to correct the record.
The gentlewoman who just spoke says that we eliminated a preference
for veterans in this bill. The fact is that there is a preference for
veterans written into the law. That has not changed at all.
Secondly, the gentlewoman said there are block grants in the
underlying bill. There are no block grants. As a matter of fact, the
targeting of funds to the local workforce boards in this bill is more
structured than it is today under current law, so that at least 75
percent of the funds available back to the States must go to the local
workforce investment boards.
Lastly, the gentlewoman said that we have discrimination in this
bill. I would just remind the gentlewoman that when our predecessors
wrote the 1964 Civil Rights Act, they recognized in title VII that
religious organizations ought to be protected in their hiring so that
they would not be required to hire anybody that shows up, but could, if
they wanted to, only hire those people within their faith.
Now, if people want to disagree with title VII of the 1964 Civil
Rights Act, they certainly have that right. They may go to the
Committee on the Judiciary and change that law, but let us not try to
do it in this bill.
Mr. Chairman, I am pleased to yield 2 minutes to the gentleman from
Georgia (Mr. Price), a member of the committee).
Mr. PRICE of Georgia. Mr. Chairman, I appreciate the opportunity to
speak again on this, and I am astounded, frankly, at the level of
misinformation that is coming from the other side.
I think it is important to look at the bill specifically as it
defines youth. The definition of youth has changed.
[[Page H904]]
The age for when an individual is considered a youth has changed.
Currently it is 14 to 21 years. In the bill, it would change it from 16
to 24 years. What that means is that we have more individuals out of
school, out of school, who require assistance. And that is one of the
reasons the provision is in the bill to change it, so that more
individuals out of school will have greater opportunity to access those
monies.
It is also important to appreciate this is a Department of Labor
program. The Department of Education has a phenomenal number of
programs eligible for in-school youth that really dwarfs the amount of
money for the out-of-school individuals, 15 to 1 by my count. Some of
those programs are title I grants to improve education for the
disadvantaged, neglected and delinquent grants to local educational
agencies, 21st Century Learning Centers, Safe and Drug-free Schools and
community State grants, Bilingual Education Instructional Services,
Dropout Prevention Grants, and on and on and on, Striving Readers Grant
and Vocational Technical Education.
In summary, no one, no one is decreasing the amount of money to in-
school youth for the concerns and the issues that they have. What we
are doing is making it so that this bill addresses those individuals
that are most in need.
Mr. KILDEE. Mr. Chairman, I yield the balance of my time to the
gentleman from Massachusetts (Mr. Tierney), the author of the
amendment.
Mr. TIERNEY. Mr. Chairman, I thank the chairman and I thank the
gentleman from Michigan (Mr. Kildee) for taking this amendment to this
point.
Just in response to the gentleman's comments a second ago and
earlier, the reason for this amendment is that current law takes care
of any State that wants to put a higher proportion of funds towards
out-of-school youth. It has the flexibility for that. And if they want
to move in that direction, they can.
It also allows States like Massachusetts, and at least 17 others, who
have a greater need to serve in-school youth for job training purposes,
to use their money for that.
What the H.R. 27 bill does is it takes away that flexibility and
harms at least 27 States from being able to help the people that they
want while it solves a problem that does not exist for the others. The
others already can, in fact, serve as many of the people they want out
of school.
With respect to this money that is a duplication for it because there
are other funds going, none of those other programs have money left
over for job training. They are already used up. Most of them are
underfunded: Safe and Drug-Free Schools being slashed by the President.
Title I, underfunded. You can go right on down the line.
So I hope my colleagues look at this and do not disadvantage those
States that need to have the flexibility to serve more in-school youth,
and at the same time realize that this amendment harms those who need
more out-of-school youth served in no way at all.
Mr. BOEHNER. Mr. Chairman, I yield 30 seconds, the balance of my
time, to my friend, the gentleman from Massachusetts (Mr. Tierney), who
I know has been pressed for time.
Mr. TIERNEY. Mr. Chairman, I thank the chairman very much. This is an
example of the collegiality of our Committee on Education and the
Workforce. We do not agree often, but we at least have a good collegial
time doing it.
I just want to stress the points that I made. And the fact of the
matter is that having a mandate that every State put all their money
toward out-of-school youth does not help those States that have an in-
school youth issue. It also deprives a lot of programs that are working
with our business community and in-school youth to get them better
equipped to not only support themselves but their families to have them
be more self-sufficient when they get out of school. Those programs
would be slashed in many States if H.R. 27 were to go through as it is.
We have a great need for these in many States; programs like Girls
Inc., Action Inc. and others work that way. I respect the chairman
giving me this time to make that point, that this H.R. 27 change is a
solution that does not have a problem.
The Acting CHAIRMAN (Mr. Bass). All time having expired, the question
is on the amendment offered by the gentleman from Michigan (Mr.
Kildee).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.
Mr. TIERNEY. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Michigan
(Mr. Kildee) will be postponed.
The Acting CHAIRMAN. It is now in order to consider amendment No. 2
printed in House Report 109-11.
Amendment No. 2 Offered by Ms. Velazquez
Ms. VELAZQUEZ. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 2 offered by Ms. Velazquez:
In subsection (e)(7)(A)(i) of the matter proposed to be
inserted by section 123, add at the end the following:
``(IV) Borrower guarantee fees for loans made pursuant to
section 7(a) of the Small Business Act (15 U.S.C. 636(a)).''.
The Acting CHAIRMAN. Pursuant to House Resolution 126, the
gentlewoman from New York (Ms. Velazquez) and a Member opposed each
will control 5 minutes.
The Chair recognizes the gentlewoman from New York (Ms. Velazquez).
Ms. VELAZQUEZ. Mr. Chairman, I yield myself such time as I may
consume.
(Ms. VELAZQUEZ asked and was given permission to revise and extend
her remarks.)
Ms. VELAZQUEZ. Mr. Chairman, for many unemployed workers, starting a
small company provides opportunities for career growth and financial
success. But the lack of access to capital prevents many entrepreneurs
from starting their own business. The Small Business Administration's
7(a) loan program is a critical source of capital for small businesses,
providing 30 percent of all long-term loans to U.S. entrepreneurs.
Despite the success of the 7(a) loan program, the Bush administration
has repeatedly underfunded it, implemented a series of caps, imposed
burdensome restrictions, and shut down the entire program. In the
latest attack on October 1, the President doubled the fees that small
businesses must pay to receive a 7(a) loan.
These new up-front fees are limiting the number of small businesses
that can afford 7(a) loans. For a loan of $150,000, an entrepreneur
must now pay nearly $3,000 in up-front fees, a significant cost for
someone trying to start a company. These higher costs have
significantly reduced small business use of the 7(a) program, as loan
volume has decreased by $500 million since the new fees were
implemented. The impact has been so great that this January the SBA
made fewer loans than when the administration shut down the entire
program last January.
President Bush was wrong when he increased the burden entrepreneurs
face in accessing capital. This amendment acknowledges the
shortsightedness of that decision. It affirms that new fees on 7(a)
loans are hurting small businesses and demonstrates congressional
support for using Federal funding to cover the cost of these fees.
A vote for this amendment is a vote against the Bush administration's
policy raising the fees on 7(a) loans. It is a vote for our Nation's
up-and-coming small business owners.
I have serious reservations about Personal Reemployment Accounts, as
they will place severe limits on the amount of training an unemployed
worker can receive. However, if Congress is going to establish Personal
Reemployment Accounts, then we should provide entrepreneurs with the
opportunity to use these resources to secure the capital needed to
start small businesses. Unemployed workers should be allowed to use
these funds in their accounts to pay for the cost of the 7(a) loan
fees, and that is exactly what my amendment will do.
Given President Bush's commitment to creating an ownership society, I
am surprised there are not more provisions in this bill to help
unemployed workers own small businesses. The goal here is help reduce
high unemployment, create a strong workforce, and boost our economy.
This cannot be achieved without
[[Page H905]]
a stronger commitment to our Nation's entrepreneurs. After all, it was
laid-off managers launching their own small businesses that turned our
economy around during the last recession.
We need a revival of entrepreneurship in this country that will spur
more job creation and grow our economy. To do this, we must take
advantage of every opportunity to ensure that capital is accessible and
affordable for all start-up small business owners, and we must make it
clear that President Bush is failing our Nation's entrepreneurs. This
amendment is one of those opportunities, and I urge my colleagues to
support it.
Mr. Chairman, I reserve the balance of my time.
{time} 1715
Mr. McKEON. Mr. Chairman, although I do not oppose the amendment, I
ask unanimous consent to claim the time in opposition.
The Acting CHAIRMAN (Mr. Bass). Without objection, the gentleman from
California is recognized for 5 minutes.
There was no objection.
Mr. McKEON. Mr. Chairman, I yield myself such time as I may consume.
I guess I was prepared to accept this amendment, or to support this
amendment, but the gentlewoman's rhetoric almost decided me not to.
But as I read the amendment, it says the amendment would allow
unemployable workers to also use their personal re-employment accounts
to cover the borrower guaranty costs associated with small business
claims. If we can keep the focus on that, instead of the rhetoric
against President Bush, I see no reason to oppose this amendment.
Mr. Chairman, I yield back the balance of my time.
Ms. VELAZQUEZ. Mr. Chairman, I yield myself the balance of my time.
On October 1, the Bush administration effectively implemented a tax
on U.S. entrepreneurship. By doubling the fees on 7-A loans, the Bush
administration has severely limited access to critical source of
capital for our Nation's small businesses.
I want to be on record, and I want every Member in this House to be
on record about the fact that last July, an amendment to the CJS
appropriations that would have protected the 7-A program was approved
with strong support. The House was on record then, and we should
continue to be on record for the small business community.
This amendment sends a message that Congress is not willing to accept
the recent policy decisions of the Bush administration to further
burden U.S. entrepreneurs. They are our job creators. They drive our
economy and they deserve our support.
Our goal is to fully repeal the freeze on the 7-A loans. While this
amendment will not change the fee structure, it will help entrepreneurs
afford this vital source of capital. So I therefore urge my colleagues
to support this amendment.
Mrs. CHRISTENSEN. Mr. Chairman, I rise in support of the Velazquez
amendment to H.R. 27 but in strong opposition to the underlying bill.
H.R. 27 is a fundamentally flawed and partisan job training bill, which
does nothing to address the root causes of why little actual job
training services are provided under the Workforce Investment Act.
The Velazquez amendment would compensate for the harm in the Bush
administration's policy of raising the fees on 7(a) loans and its
proposal to undermine existing job-training programs by establishing an
untested job-training voucher program. It addresses these two critical
issues by offering a solution that would benefit entrepreneurs by
providing them the opportunity to use funds from personal reinvestment
accounts to secure the capital needed to start small businesses.
Mr. Chairman, with our high employment rate and the administration's
failure to create the number of jobs it promised, entrepreneurship is a
viable alternative to unemployment. The Velazquez amendment allows
unemployed individuals to use the personal reinvestment accounts to
defray the costs of the administration's recent fee increases for the
7(a) loan program. This fee increase on the 7(a) program puts the
program out of reach for newly unemployed workers. This amendment would
help to defray the cost of the 7(a) loan program for potential
borrowers.
Access to capital is the biggest obstacle that entrepreneurs face in
starting small businesses. A vote for this amendment is a vote to give
unemployed workers resources to invest in their future by securing
capital to start small businesses. Not only would this amendment help
our Nation's unemployed, it will also boost job creation. After all,
small businesses account for approximately 75 percent of the net new
jobs added to the economy.
I would like to commend Ranking Member Velazquez on her amendment and
continued commitment to our Nation's small businesses. I urge my
colleagues to support the Velazquez amendment.
Ms. VELAQUEZ. Mr. Chairman, I yield back the balance of my time.
Mr. McKEON. Mr. Chairman, I ask unanimous consent to reclaim the
balance of my time.
The Acting CHAIRMAN. Is there objection to the request of the
gentleman from California?
Ms. VELAZQUEZ. Mr. Chairman, I object.
The Acting CHAIRMAN. Objection is heard.
The question is on the amendment offered by the gentlewoman from New
York (Ms. Velazquez).
The question was taken; and the Acting Chairman announced that the
ayes appeared to have it.
Ms. VELAZQUEZ. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from New York
(Ms. Velazquez) will be postponed.
It is now in order to consider Amendment No. 3 printed in House
report 109-11.
Amendment No. 3 Offered by Mr. Scott of Virginia.
Mr. SCOTT of Virginia. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 3 offered by Mr. Scott of Virginia:
Strike section 129.
In the table of contents in section 2 of the bill, strike
the item relating to section 129, and redesignate succeeding
sections accordingly.
The Acting CHAIRMAN. Pursuant to House Resolution 126, the gentleman
from Virginia (Mr. Scott) and a Member opposed each will control 30
minutes.
The Chair recognizes the gentleman from Virginia (Mr. Scott).
Mr. SCOTT of Virginia. Mr. Chairman I yield myself 1 minute and 15
seconds.
Mr. Chairman, I made a previous statement on this amendment during
the consideration of the rule, so let me just say that this amendment
is offered along with my colleagues, the gentlewoman from California
(Ms. Woolsey), the gentleman from Maryland (Mr. Van Hollen), the
gentleman from Massachusetts (Mr. Frank), the gentleman from Texas (Mr.
Edwards) and the gentleman from New York (Mr. Nadler) in order to
preserve and maintain civil rights protections as they currently appear
in job training law.
Current law prohibits sponsors of job training programs from
discriminating in hiring based on race or religion. This amendment will
keep the law the way it has been since 1965. We have heard some
comments about title VII. Title VII gives the religious organization an
exemption to discriminate with its own money. It was never intended to
apply to Federal money.
In any event, there has been no discrimination in job training
programs with Federal money, whether it is faith-based sponsored or
otherwise since 1965.
Speakers have suggested that religious organizations have barriers to
participation. They do not say what the barrier is. The barrier is that
you cannot discriminate in employment with the Federal money. Any
program that can get funded under this new language in the bill could
be funded anyway under the traditional funding, no discrimination, if
the sponsor would agree not to discriminate in employment. That has
been the rule since 1965.
Mr. Chairman, I reserve the balance of my time.
Mr. BOEHNER. Mr. Chairman, I rise in opposition to the amendment
offered by the gentleman from Virginia.
The Acting CHAIRMAN. The gentleman from Ohio (Mr. Boehner) is
recognized for 30 minutes.
Mr. BOEHNER. Mr. Chairman, I yield myself such time as I may consume.
The amendment by my friend from Virginia would actually work against
the neediest citizens in our local communities. Faith-based
organizations such as churches, synagogues and other
[[Page H906]]
faith-based charities are a central part of the fabric of local
communities across America. Many of these faith-based institutions
provide assistance to the hardest-to-serve individuals because they
often go where others will not and serve those others prefer not to
serve, and go out of the way to meet people where they are rather than
where we would want them to be.
President Bush noted yesterday at a speech that one of the key
reasons why many faith-based groups are so effective is the commitment
to serve that is grounded in the shared values and religious identity
of their volunteers and their employees. In other words, effectiveness
happens because people who share faith show up to help a particular
organization based on that faith to succeed.
I agree with President Bush that many faith-based organizations can
make a vital contribution to Federal assistance programs. Yet this
amendment would deny faith-based institutions their rights, under the
historic 1964 Civil Rights Act. Considering the proven track record of
faith-based providers in meeting the needs of our citizens, why would
we want to deny them the opportunity to help in Federal job training
efforts?
Unfortunately, in some Federal laws, these faith-based organizations
have been stripped of their hiring rights and must relinquish their
civil liberties if they choose to participate in Federal service
initiatives.
The landmark 1964 Civil Rights Act explicitly protects the rights of
religious organizations to take religion into account into their hiring
practices. In fact, the Civil Rights Act made clear that when faith-
based organizations hire employees on a religious basis, it is an
exercise of the organization's civil liberties and not discrimination
under Federal law.
Those organizations willing to serve their communities by
participating in Federal programs should not be forced to compromise
their religious liberties in order to serve those in need. The U.S.
Supreme Court in 1987 upheld the rights of faith-based institutions and
held that it was constitutional for these groups to take religion into
account when making hiring decisions.
Former Democrat President Bill Clinton himself signed four laws
explicitly allowing faith-based groups to staff on a religious basis
when they receive Federal funds. Those laws are the 1996 Welfare Reform
Law, the 1998 Community Services Block Grant Act, the 2000 Community
Renewal Tax Relief Act, and the 2000 Substance Abuse and Mental Health
Services Administration Act.
President Bush has worked tirelessly to remove the barriers that
needlessly discourage faith-based groups from bringing their talents
and compassion to Federal initiatives that help Americans in need. And
just yesterday, again, he called on Congress to send him the same
language protecting religious hiring that President Clinton signed on
four other occasions.
The underlying bill answers the President's call and takes advantage
of the positive role that faith-based institutions play in our
communities in serving those who are most in need. We should not be
denying faith-based providers the opportunity to serve the neediest of
our citizens. And I urge my colleagues to vote no on the Scott
amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. SCOTT of Virginia. Mr. Chairman, I yield 3 minutes to the
gentlewoman from California (Ms. Woolsey), a cosponsor of the
amendment.
Ms. WOOLSEY. Mr. Chairman, I will begin by correcting two
misunderstandings about this amendment. First, it would not keep faith-
based organizations from hiring members of their own religion with
their own funds in the exercise of their faith.
Second, it would not keep faith-based organizations from
participating in job training programs under this bill. What this
amendment says is that if a faith-based organization accepts Federal
funds for job training, then in delivering job training, it cannot
engage in religious discrimination.
Yesterday President Bush called on Congress, and let me quote, ``to
judge faith-based groups by results, not by their religion.''
Well, current law does judge faith-based organizations by results,
not by their religion. But sadly, the supporters of H.R. 27 would allow
federally-funded job training programs to judge job applicants by their
religion, not by their results.
Under H.R. 27, a faith-based grantee could refuse to hire the best
qualified person for the grant or even fire its best worker because
they are not the right religion. That is wrong, it is unconstitutional,
and it is bad policy.
When people who desperately need a job seek help, they do not care
about the religion of the person helping them, they do care that the
person helping them was hired because he or she was the best qualified
person, and they do care that the person helping them is not concerned
about their religion. But when the people providing help are hired
because of their own religion, it is naive to think that religion will
not permeate the help that they provide, no matter what H.R. 27 says.
The proof of this slippery slope is in the President's words. In
talking about a hypothetical federally-funded Methodist alcohol
treatment center, he said that the policy should be that ``all are
welcome, welcome to be saved so they become sober.''
I support every American's right to seek salvation through their
religion, but our only interest in federally-funded programs should be
whether they provide qualified services for which they are funded. No,
this amendment does not discriminate against religion, it protects
people from discrimination because of their religion.
In closing, I will correct a third misunderstanding, that the faith
community opposes this amendment. A wide range of faith-based
organizations support this amendment because they recognize that it is
not an attack on American religious freedoms, but a defense of those
freedoms.
So I thank the gentleman from Virginia (Mr. Scott), the gentleman
from Maryland (Mr. Van Hollen), the gentleman from Texas (Mr. Edwards),
and the gentleman from New York (Mr. Nadler) for their commitments to
protecting American's liberties and I encourage all Americans to join
us in supporting this amendment.
Mr. BOEHNER. Mr. Chairman, I reserve the balance of my time.
Mr. SCOTT of Virginia. Mr. Chairman, I yield 3 minutes to the
gentleman from Maryland (Mr. Van Hollen), a cosponsor of the amendment.
Mr. VAN HOLLEN. Mr. Chairman, I thank the gentleman from Virginia
(Mr. Scott) for yielding me this time.
First, let me clarify what this amendment is not about. This
amendment is not about whether faith-based organizations do a terrific
job in our communities and around the world in providing services. They
do, and they are doing that every day. Catholic Charities, Jewish
Federation, and a whole variety of Protestant denominations currently
receive Federal dollars to provide services in our community and around
the world. Indeed, many of them receive money today to provide job
training services, and they do a good job.
And guess what, today they are doing it under current law which says
when they receive those Federal tax dollars, they may not discriminate
in who they hire based on religion, and not one of those organizations
has come to me and said we could do a better job in providing job
training services if only you would let us discriminate based on
religion. That is what this is all about.
The Civil Rights Act of 1964 does not say in any way that religious
organizations can take taxpayer dollars and then discriminate in their
hiring based on religion when they are providing services based on
those dollars. The issue is very simple. Taxes are paid by Christians,
by Jews, by Muslims, by people of all denominations. We are now using
those resources to provide to faith-based organizations, and what the
bill would allow people to do is to say to somebody who is coming to
apply for a job to provide job training services, you know what, we
know you are qualified, we know you have a great education, know you
can do a good job in providing job training services, but you are the
wrong religion. We do not want you because you are Christian, we do not
want you because you are Jewish, we do not want you because you are the
wrong religion. That is a terrible message to be sending to people
throughout this country. In fact, it is a great irony that in a bill
that is designed to provide job training to help
[[Page H907]]
more people get jobs, we would put in a provision that would deny
someone an opportunity to get a job providing job training based on
their religion.
{time} 1730
I urge my colleagues to stick with the current law, because what the
underlying bill does is eliminate current law and give a green light
that allows people to discriminate based on religion, a terrible
message to send. Let us not do it.
Mr. BOEHNER. Mr. Chairman, I yield myself 30 seconds. Title VII of
the 1964 Civil Rights Act explicitly says that religious organizations
in their hiring can hire people of their own faith. Period. That is
what it says. It does not say whether you take Federal money or you do
not take Federal money. It says that a religious organization can take
religion into account in terms of their hiring. Period.
Mr. Chairman, I yield 5 minutes to the gentleman from Indiana (Mr.
Souder).
(Mr. SOUDER asked and was given permission to revise and extend his
remarks.)
Mr. SOUDER. Mr. Chairman, I want to further elaborate on the last
point in this amendment's attack on religious liberty in the United
States, that in fact the interpretation in the Presiding Bishop v.
Amos, the Supreme Court unanimously upheld the language permitting
religious organizations to staff on a religious basis in matters
concerning employment when they receive Federal funds, in a unanimous
decision.
Finding that the exemption did not violate the establishment clause,
the Supreme Court has made it clear that it is ``a permissible
legislative purpose to alleviate significant governmental interference
with the ability of religious organizations to define and carry out
their religious missions.''
Even where the content of their activities is secular, in the sense
that activities do not include religious teaching, proselytizing, or
worship, and it is very important for everybody to understand, we all
agree you cannot have prayer, you cannot proselytize, you cannot use
government funds for anything but a secular purpose in job training,
Justice Brennan, hardly a conservative, said that even if a religious
organization is providing job training, which would be a secular thing,
it is likely to be infused with a religious purpose. In other words,
the motivation of the individuals probably is religious.
He also recognized that churches and other religious entities ``often
regard the provision of such services as a means of fulfilling
religious duty and of providing an example of the way of life a church
seeks to foster.'' He is perhaps one of the greatest liberal justices
of all time. And then he recognized that preserving the title VII
protections when religious organizations engage in social services is a
necessary element of religious freedom.
This attempt to redefine the Supreme Court in today's debate is
unfortunate. It is, in my opinion, bigotry against many religious
people in the United States who would like to provide assistance to the
poor, who would like to leverage their funds, their volunteer time,
their churches, but are being told that even though they accept
everybody in, even though they cannot proselytize with it, that they
are not welcome to participate, they are going to have their liberties
taken away.
For example, a case we often hear, well, they can set up a 501(c)3 or
not have that reach, but Catholic Charities, an organization that
historically has taken funds and it is often held up, the California
Supreme Court just said that because Catholic Charities offers secular
services to clients and does not directly preach Catholic values, it is
therefore not a religious organization. Therefore, the court ruled that
Catholic Charities must provide services contrary to their religious
principles.
Furthermore, as we take the logical extension of this which we are
dealing with in whether we provide buses and computers to private
schools and which will certainly come up in education bills in front of
our committee, one of the questions is, if those funds run through the
bishop's office, does in fact the reach of the funds that go for buses
and for computers, which the court has ruled a computer does not do the
proselytizing, the software does the proselytizing, will this reach
back in because the governance of Catholic Charities ultimately comes
back to the bishop's office?
Court rulings are increasingly tilting that direction because we have
falsely interpreted what is religious liberty in the United States and
that we have to make it clear in these bills which, as the chairman has
pointed out, have passed this House multiple times, the President of
the United States in many of these was not President Bush pushing a
faith-based initiative, but President Clinton. And as the Member from
Maryland has pointed out, he did not enthusiastically say this was
going to be upheld; but the fact is over the objections of many on his
side, he supported it.
Former Vice President Gore has said specifically that religious
organizations should not have to change their religious character in
order to participate. What does religious character mean? It means that
if you are an Orthodox Jewish group and you are going to serve
everybody in your community, that you get to be an Orthodox Jewish
group; if you are an evangelical group that believes in the
resurrection of Jesus Christ, that people who represent your
organization should share that belief; if you are a Muslim group, that
people who represent that group should share that.
The fundamental question here is, and through my Subcommittee on
Criminal Justice and Human Services we held eight hearings across the
United States and we had a great debate in every region of the country,
but many organizations came forth, whether they were Muslim, Jewish or
Christian in some form, and said, we cannot compromise the nature of
our faith if you are going to make us change our hiring practices.
So what we are saying, by trying to take away their religious
liberty, if they want to provide secular services, that we are
discriminating and changing policy contrary to what President Clinton
has supported, contrary to what President Bush has supported, contrary
to the different nominees of both parties; and it will be a sad day if
this Congress after bipartisan efforts for the last 5 to 8 years to
push this type of legislation to allow these faith-based groups at the
table would go backwards and say, you are no longer welcome, you are
not invited to help anymore, you are off the table.
I believe that the Members, and I know one argument is that we had
these debates in the middle of the night, I believe Members actually
looked at those bills and they knew what they were voting for, and I
hope they will not flip-flop today.
Mr. SCOTT of Virginia. Mr. Chairman, I yield 3\1/2\ minutes to the
gentleman from Massachusetts (Mr. Frank), a cosponsor of the amendment.
Mr. FRANK of Massachusetts. Mr. Chairman, the history is ambiguous.
Courts have been on both sides. The principle is what is involved. We
are told that if we adopt this amendment, we are denying the liberty to
religious organizations. The liberty that is being asked, frankly I am
disappointed to hear this asserted, and I think the greatest
denigration of religious organizations coming forward here are those
who are saying this: there are religious groups in this country who are
eager to help people in need, but if they get Federal tax dollars to
help people in need and they are forced to associate with heathens and
unbelievers and infidels, then they will be driven away.
What is so terrible about saying to the Orthodox Jews in Brooklyn who
were cited, you want to help the people in Brooklyn, the people you
want to help will be black and Hispanic, they will be white and poor
and Jewish and Christian, if you really want to help them, on your own,
whatever you want to do, you can do. But if you want all of those
people in Brooklyn who paid Federal taxes, if you want a share of their
Federal taxes to run a program to help them, God forbid, I guess you
mean this literally, God forbid you should have to hire one of them.
Martin Luther King said, and it is sadly still true, that one of the
most segregated times in America is the hour of worship. So understand
that when you empower the religious groups to discriminate based on
religion, you will also de facto empower some segregation. Those
Orthodox Jewish groups in Brooklyn will hire very few
[[Page H908]]
black people in Brooklyn. And if in fact you have a policy that says
all the money is going to go in these areas to the religious groups,
then what about people who are not religious? The Constitution says you
should not discriminate against them. You may not think much of them,
but you should not be discriminating against them, but they cannot ever
get a job.
And you talk about message. I love this message. What we are going to
be saying if you win here in the House of Representatives is, attention
all Shiites, do not hire Sunnis. That is your principle. Apparently, we
are going to be encouraging the people in Iraq with Iraqi Government
money or American Government money, a lot of it is going to Iraq, do
you really think you want to send that message to the Shiites that when
they try to rebuild their country they should not hire Sunnis?
And what are you saying? That there is something somehow so corrosive
about associating with someone of a different religion that it disables
you from doing good? What kind of motivation do you impute to these
people? You want to do good, but you should not have to associate with
one of those people. By the way, even you acknowledge that the people
being served have to be of all religions. So this religious purity that
apparently is so essential has already been dissolved.
But here is the point: we are being asked to say to Americans, yes,
you will pay taxes for this; but the taxes you pay, you are not
eligible for a job because you believe in the wrong God. Or you believe
in God in the wrong way. You believe in the wrong denomination. Or you
do not believe. Again, what are you saying? Is it really the case that
religious organizations, that they are somehow so angry towards
outsiders, that they feel so unclean that they cannot help people in
need if they have to associate with people who are otherwise perfectly
qualified, who believe in the mission of this entity, but they do not
share the same religion?
I hope we will not so characterize religious people as being so
narrow and so biased towards people not of their own religion that they
cannot even work with them in this common cause to which you say they
are committed.
Mr. SOUDER. Mr. Chairman, I yield 3 minutes to the gentleman from
Pennsylvania (Mr. Pitts).
Mr. PITTS. Mr. Speaker, I rise in opposition to this amendment. The
1964 Civil Rights Act explicitly protects the rights of religious
organizations to take religion into account in their hiring practices.
In fact, the Civil Rights Act made clear that when faith-based
organizations hire employees on a religious basis, it is an exercise of
the organization's civil liberties and does not constitute
discrimination under Federal law.
The writers of that legislation understood that a church, a
synagogue, a mosque all operate as distinctly religious organizations.
They are, therefore, protected under the first amendment's right to the
free exercise of religion.
Why are we being asked today, then, to approve an amendment that
revokes the constitutional right of faith-based communities to practice
their religions freely? This amendment would revoke the
constitutionally protected right of faith-based groups to maintain
their religious nature and character through those they hire. By
denying the rights of religious organizations to hire according to
their principles, this amendment declares war between the government
and faith-based organizations, it cuts services for people in need, it
eliminates the role of faith-based organizations in our government
efforts to help.
I doubt that the gentleman from Virginia would support an amendment
forcing him to hire staff who oppose his values and priorities as a
legislator. Why then are we being asked to call it discriminatory when
a Christian or Muslim charity wants to consider the beliefs of
potential employees before hiring them? Such practices have been upheld
by the United States Supreme Court. If this amendment passes, we might
as well revisit the Civil Rights Act itself, since we would be
rewriting it today.
Faith-based providers cannot be expected to sustain their religious
missions without the ability to employ individuals who share the tenets
and practices of their faith. The success of any organization is having
everyone on board with its essential principles and vision. The Civil
Rights Act secures that right, the Supreme Court protected it, and we
should follow suit.
This amendment should be defeated.
Mr. SCOTT of Virginia. Mr. Chairman, we are revisiting the civil
rights laws. There has been no discrimination since 1965, and that is
exactly what we are revisiting.
Mr. Chairman, I yield 2 minutes to the gentleman from California (Mr.
George Miller), the ranking member of the Committee on Education and
the Workforce.
Mr. GEORGE MILLER of California. I thank the gentleman for yielding
me this time.
Mr. Chairman, I rise in strong support of his amendment, and I find
it just incredible that all of a sudden discrimination becomes the core
of religious organizations, for those of us who have spent almost 40
years working with faith-based organizations in our communities
involved in all kinds of public service endeavors, all kinds of
delivery of services to people in need, to help members of our
community in almost everything, from education to child care to job
training to substance abuse to a whole range of activities that are
absolutely essential to binding our community together.
Nobody said that discrimination was a fundamental part of this
operation all through the sixties and seventies, the eighties or the
nineties. None of these organizations ever said they were unable to
deliver these services, unwilling to deliver these services, unwilling
to help these people whom they have chosen to extend the services of
their organization to; when they took Federal money said they could not
do this because they needed to discriminate. But all of a sudden now
the suggestion is that the basic tenet is that you must be able to
discriminate. You must be able to discriminate or you will not deliver
these services.
What does it also say about the use of the taxpayers' dollars? If the
best person to provide the substance abuse counseling, if the best
person to provide the child development, if the best person to provide
the job training is not of the same religion, is the taxpayer getting a
fair shake when they hire somebody else that does not have those
qualifications? Should we not be looking for the best person to provide
these services? You cannot maintain your religious character, you
cannot maintain the religious character of your organization unless you
can discriminate in hiring?
Organizations, again, have never suggested that they have been
diminished because they ran a child development center. They have never
said they have been diminished because they ran an afterschool program
because they could not discriminate. What is this liberty to
discriminate against somebody else using Federal dollars? This is
absolutely unacceptable.
{time} 1745
Mr. SOUDER. Mr. Chairman, I yield 3 minutes to the gentleman from
Georgia (Mr. Price), a member of the Committee on Education and the
Workforce.
Mr. PRICE of Georgia. Mr. Chairman, I appreciate the opportunity once
again to speak on this, and I urge my colleagues to oppose this
amendment. The misunderstandings and confusion and frankly the
hyperbole is phenomenal coming out of the other side. No one, no one,
is encouraging faith-based institutions to discriminate with the
language in this bill.
Sometimes I think it is helpful to go back to the original language.
We have had a lot of reference to title VII of the Civil Rights Acts of
1964. What it says specifically is ``This subchapter shall not apply to
an employer with respect to the employment of,'' et cetera. It does not
say anything about the source of the money. Nothing. There is no
mention of the source.
There has been some discussion about previous language that many
Members on the other side of the aisle have adopted in previous bills,
four pieces of legislation under the Clinton administration. President
Clinton himself said that no discrimination with employment in the
bills that were adopted, and we have heard about them, the welfare
reform, the community renewal tax relief, Community
[[Page H909]]
Services Block Grant, substance abuse. The gentleman from Virginia (Mr.
Scott) himself said that there has been no discrimination since 1965.
Well, the exact identical language in this bill was in those. If
there is this incredible occurrence that is happening out there with
this remarkable discrimination, where are the examples under those
bills? Where are the examples of discrimination under those bills that
have exactly the same language as this bill that we are promoting here?
I urge my colleagues to oppose this and to be certain, to be certain,
there is no intent or desire on anybody on this side of the aisle to
encourage discrimination by faith-based institutions.
Mr. SCOTT of Virginia. Mr. Chairman, I yield 3 minutes to the
gentleman from New York (Mr. Nadler), a cosponsor of the amendment.
Mr. NADLER. Mr. Chairman, I thank the gentleman for yielding me this
time.
Mr. Chairman, since the presidency of Franklin Roosevelt, our Nation
has moved inexorably toward the elimination of all forms of
discrimination in government contracting and in the private sector.
This bill rolls back that commitment that would enshrine the principle
of religious discrimination in one of our most important job training
programs at a time when many Americans are losing their jobs and need
the help these programs offer.
Members on the other sides of the aisle say that this would roll back
the ability of churches and synagogues to discriminate on the basis of
religion now. Nonsense. They can discriminate. No one tells the
Catholic Church they have to hire women priests. No one tells the
Catholic Church or any other church or synagogue they have to hire a
janitor of a different religion. Nor would this amendment. What this
says is that with Federal funds, they cannot discriminate. With their
own funds they still can.
President Reagan, who signed the original version of this legislation
23 years ago, did not think it was necessary to allow employment
discrimination with Federal funds. No one should ever be told that they
cannot hold a job simply because they profess the wrong faith. And why
is this necessary? Are religiously affiliated charities unable to
participate in federally social services programs? Is there a single
Member of this House who has not held secure government funds for such
programs? For Catholic Charities? The Federation of Protestant Welfare
Agencies? The Jewish Federation, and countless others? We all get these
funds. That is no secret.
The only thing required of these organizations is that they play by
the same rules as everyone else. They cannot make professing religious
faith a precondition of receiving social services paid for with the
taxpayers' dollars, and they cannot discriminate in employment when
those jobs are paid for with taxpayers' dollars.
We have all heard about the bad old days when signs hung in windows:
``No Catholics need apply,'' ``No Jews need apply. Fill in one's
favorite denomination. That is wrong. People of every faith pay their
taxes, and we have no right to deny them employment paid for by those
taxes.
It is wrong. It is unAmerican. It is immoral. It is unnecessary, and
it is unprecedented.
These are the armies of compassion. Religious discrimination with
taxpayers' dollars is not compassionate. I urge support for the
amendment.
Mr. BOEHNER. Mr. Chairman, I yield 3 minutes to the gentleman from
Puerto Rico (Mr. Fortuno).
Mr. FORTUNO. Mr. Chairman, the discussion today is really about
protecting the mission of those religious organizations that some of
the Members here are proposing that we regulate even further in spite
of the wonderful job they are doing to work with our social ills. It is
also about preserving the strength and integrity of religious
organizations that engage in this type of social work. It is not a
license we are looking for to impose particular religious beliefs, but
a guarantee to protect the administrative integrity that is part of
each religious group that engages in this type of work.
Faith-based and community-based organizations are far better suited
than a government bureaucracy to address these issues and produce
results. Key to their success is a unifying roll they often play in
their communities, as well as their proximity to individuals and
communities in need.
This is especially true, I must say, of the Hispanic American
population. Hispanic Americans traditionally, in following their
traditional values and beliefs, often turn to faith-based and community
organizations for help. By channeling social services through these
organizations, we can avoid losing members of this community in our
society.
However, what some today are trying to do here is essentially trying
to tell them whom they can hire and whom they cannot hire. I know of
different programs actually as we speak here in Washington, D.C. I have
a group of six or seven ministers from the northwestern part of Puerto
Rico that are visiting with us today, and they have been doing, for a
number of years, a wonderful job in terms of working with our younger
population. No one from Washington, I repeat, no one from Washington,
has a right to tell them whom they can hire and whom they cannot hire.
When a faith-based group hires employees on a religious basis, they are
exercising their civil liberties. No one from Washington will take that
away from them. If denied the right to staff their programs on a
religious basis, employees of religious organizations not sharing the
religious organization's faith could end up suing to tear down
religious art or symbols and perhaps even its religious sounding name.
What is really happening here is there are some people who do not
believe that these organizations should be performing the job they are
performing.
I ask everyone here to oppose the amendment that has been introduced.
Mr. SCOTT of Virginia. Mr. Chairman, I yield 3 minutes to the
gentleman from Arizona (Mr. Grijalva).
Mr. GRIJALVA. Mr. Chairman, I rise today in support of the gentleman
from Virginia's (Mr. Scott) amendment to H.R. 27.
Twenty-three years ago, the Workforce Investment Act was first
enacted. It established a commonsense clause prohibiting job
discrimination on the basis of religion. WIA then was originally
designed to provide funding for secular social services. Clearly, it
did not intend to permit government-funded job training programs to
engage in religious discrimination when making an employment decision,
which is exactly what this bill purports to do.
H.R. 27 would allow faith-based organizations to discriminate not
just on the basis of a person's religious affiliation, but also on how
closely they follow the tenets of that religion. This would include
religious beliefs on medical treatments; procedures; marriage;
pregnancy; gender; and, yes, even race.
Under this bill, if a woman providing workforce rehabilitation
services in a faith-based organization was found to be using birth
control, she could be fired, demoted, or not promoted. Or if a faith-
based organization frowned upon women working outside the home, they
could deny a woman a job just because of her gender or even deny it to
her husband for allowing such a breach.
It is simply unAmerican to set the clock back on the safeguards
provided to protected classes, including religion, sex, race,
ethnicity, and sexual orientation. H.R. 27 would remove these important
protections, allowing faith-based organizations to discriminate on the
basis of religion, even regarding the secular social services they
provide.
This bill contains the first ever major rollback of civil rights
protections that were established over 40 years ago, and many of us,
including myself, have profited from those protections and from those
rights granted to us 40 years ago. This is an unconscionable change of
Federal law, and I cannot support a bill with such provisions.
Mr. Chairman, I urge my colleagues to join me in supporting the Scott
amendment and voting ``no'' on the final passage of this bill that
endorses a Federal rollback of decades-old civil rights and privacy
protections.
Mr. BOEHNER. Mr. Chairman, I yield 3 minutes to the gentlewoman from
North Carolina (Ms. Foxx).
Ms. FOXX. Mr. Chairman, I rise in opposition to the Scott amendment,
which seeks to strike important protections for religious organizations
included in the bill.
[[Page H910]]
I am frankly appalled at the scale of the rhetoric being presented by
the minority party on this issue. We know that many religious
organizations in our hometowns and across America provide invaluable
job training services in our communities. We must help religious
organizations, whether they be churches, synagogues, or mosques,
maintain their integrity while continuing to provide these vital
services to those in need.
This debate is about whether a religious organization should have the
ability to select employees who share common values and sense of
purpose. This is not saying that they will not hire people of other
religions but we will not force them to do so. This is a vital
criterion for all organizations, especially religious ones. A secular
group, such as Planned Parenthood or the Sierra Club, that receives
government money, is currently free to hire based on their ideology and
mission but still use Federal funds in accordance with the terms of the
program. How can we allow this for groups such as these and not allow
it for groups that are religious by nature?
Others who oppose these hiring protections for religious
organizations talk about discrimination. The only discrimination that
would take place here is if we do not include these protections.
Without them we would be discriminating against religious organizations
just because they are religious. Religious organizations should be
allowed to apply for the same amount of government money for services
they provide that nonreligious organizations do. If we deny them these
protections, many of them would have to compromise their missions or
not apply at all for assistance in implementing these services.
The real question here should be, do we want to be telling religious
organizations whom they can hire and cannot hire? No. Nowhere in the
Civil Rights Act of 1964 does it state that a faith-based organization
loses its rights if it accepts Federal funds.
Our Nation was founded by those fleeing religious persecution and
seeking religious freedom. For us to forget that and to place
restrictions of this sort on our churches is contrary to the very
foundation of this great Nation. I implore each and every one of my
colleagues to take a long hard work at what message we would be sending
to oppressed people across the globe if we do not include these
important protections for religious organizations.
If we approve this amendment, we could be seriously damaging the
integrity and mission of these faith-based institutions that only seek
to serve our communities.
I urge the Members to oppose this amendment and support these
important protections for religious organizations that want to provide
job training services to our communities.
Mr. SCOTT of Virginia. Mr. Chairman, I yield 2 minutes to the
gentleman from New Jersey (Mr. Andrews).
(Mr. ANDREWS asked and was given permission to revise and extend his
remarks.)
Mr. ANDREWS. Mr. Chairman, I thank the gentleman for yielding me this
time.
Mr. Chairman, next month my family and I will observe my wife's
Jewish tradition and recite the ancient story, the Passover at our
family seder. Later this month, I will honor my religious tradition and
commemorate Christ's crucifixion on Good Friday and his resurrection on
Easter Sunday. And today I will honor the principles behind the United
States Constitution and vote for the gentleman from Virginia's (Mr.
Scott) amendment.
The principle here is that when an organization takes Federal money,
it takes with it the responsibility not to discriminate. I do not think
we should ever have a situation in this country where an organization
takes taxpayers' money collected from everyone and then says if they
want to be a job counselor in our agency, they cannot be a Catholic,
they cannot be Jewish, they cannot be Muslim, they cannot be an
evangelical Christian. Our religious organizations are free and should
remain free to discriminate with their own funds. That is the religious
liberty that our friends on the other side refer to correctly. But that
liberty does not extend to the power to use someone else's money to
subsidize the practice of one's religion. That is the establishment of
a religion which is specifically precluded by the first amendment of
the Constitution.
It would be a travesty to reject the gentleman from Virginia's (Mr.
Scott) amendment. It would be wholly consistent with the religious
principles of this country to adopt it. I would urge its adoption.
{time} 1800
Mr. BOEHNER. Mr. Chairman, I am pleased to yield 3 minutes to the
gentleman from Louisiana (Mr. Jindal).
Mr. JINDAL. Mr. Chairman, I rise in opposition to the offered
amendment. It seems to me in our country right now we have an all-out
assault on faith-based groups. Just this week, a court in my home State
of Louisiana ruled that school boards were prohibited from having
voluntary school board member-led prayers to begin their meetings. Now,
this very Chamber, the Supreme Court, and many government entities
begin their proceedings with a prayer; and along that line I see
nothing wrong with us inviting faith-based groups to be partners with
the government in training tomorrow's workforce.
To me, this debate should be about one and only one thing, and that
is how do we provide the most effective training for our future
workers? Nobody here is arguing that we should have an unlevel playing
field. Nobody here is arguing for favoritism for faith-based groups.
Rather, we are simply saying, let us level the playing field. Let us
invite those who are motivated by faith to help us to train displaced
workers, to train tomorrow's workforce.
In my home State of Louisiana, faith-based groups have done a
wonderful thing. They have provided health care to those who needed it;
they have provided education, housing and shelter to those whose needed
it the most.
What is next? If you extend the logic of this amendment, what might
be next might be those Catholic hospitals not being able to accept
Medicare patients. What might be next might be the Baptist hospitals
not being allowed to participate in our State's Medicaid program.
We are not asking for special treatment. All we are saying is let us
build on a bipartisan precedent, a precedent set in the Civil Rights
Act, a precedent reaffirmed under President Clinton under four
different bills. Let us build on that bipartisan precedent of opening
the doors and allowing faith-based groups to participate as equal
partners.
People of faith pay taxes as well in this country. We are not arguing
for special treatment; we are just arguing for a level playing field.
Four different times this Congress saw fit to open those doors to
faith-based groups. Four different times President Clinton signed into
law four different measures designed to protect the interests and
rights of faith-based groups.
Today this bill that we are going to approve later on the floor today
simply takes another step forward. It simply says to the faith-based
community, we will not discriminate against you. We will not require
you to give up your employment rights guaranteed or granted to you by
the 1964 Civil Rights Act.
To quote Members from the other side, Senator Kerry and Senator
Clinton, those that have stood before for freedom and plurality, they
themselves say, Senator Clinton in her own words says, ``There is no
contradiction between support for faith-based initiatives and upholding
our constitutional principles.'' Senator Kerry says, ``I know there are
some that say that the first amendment means faith-based organizations
can't help government. I've never accepted that. I think they are
wrong.''
In this instance, I find myself in agreement with both Senator Kerry
and Senator Clinton. The first amendment is not designed to protect
government, not designed to protect us from faith; it is rather
designed to separate church and State. It is, rather, designed to
protect faith from government, not the other way around.
So I think we need to stop closing the door to people of faith. We
need to stop discriminating against those groups that are motivated by
their religious beliefs to help the weakest in society. I rise in
opposition to this amendment.
[[Page H911]]
Mr. SCOTT of Virginia. Mr. Chairman, I yield myself 2 minutes.
Mr. Chairman, we keep hearing that we are discriminating against
religious organizations in terms of participation in government
contracts. That is not true. The fact is that they can participate.
When you talk about a barrier, say what the barrier is. The barrier is,
there is a level playing field; you cannot discriminate.
We have also heard a lot about the 1964 Civil Rights Act. What has
not been said is since 1965 there has been a specific prohibition
against discrimination in Federal contracts. You have not been able to
discriminate in a job training program since 1965. In fact, for defense
contracts, you have not been able to discriminate since 1941.
We also heard, Mr. Chairman, about the hiring for Planned Parenthood,
I believe, and what your position is on abortion or gun control or
something. In the 1960s, Mr. Chairman, we passed civil rights laws to
respond to our sorry history of bigotry, and we designated specific
protected classes where you could not discriminate in employment, race,
color, creed, national origin and sex; and you cannot discriminate
against those protected classes.
There is a difference between telling somebody they cannot get a job
because I do not like your position on gun control and we do not hire
blacks or Jews. Race and religion are protected classes; positions on
gun control and abortion are not, and there is a difference.
Mr. Chairman, I yield 6 minutes to the gentleman from Texas (Mr.
Edwards).
Mr. EDWARDS. Mr. Chairman, this debate is about one question that
each Member and each American should ask himself or herself. This is
the question: Should any American citizen have to pass someone else's
private religious test to qualify for a tax-funded job? I think the
vast majority of Americans would answer that question, absolutely not.
Should the gentleman from Ohio (Mr. Boehner), who is the author of
this bill, have to come to me if I get a $5 million job computer
training grant from the Federal Government under this bill, should the
gentleman from Ohio (Mr. Boehner) have to come to me and answer a 20-
point religious questionnaire? Should the gentleman from Ohio (Mr.
Boehner) have to say whether or not he believes in Jesus Christ,
whether or not he believes in evolution, whether or not he believes in
the literal interpretation of the New Testament?
I do not think the gentleman from Ohio (Mr. Boehner) should have to
answer those kinds of questions to me as a recipient of a $5 million
job training grant. And without the Scott amendment, that is exactly
what could happen under this bill.
For those who oppose the Scott amendment, let me say what you are
endorsing. You are saying it is okay for a church associated with Bob
Jones University, at least based on its past philosophy, it can take a
$1 million job training grant and pay for a sign that says, No Jews Or
Catholics Need Apply Here For a Federally Funded Job. Do you really
think that is right?
What the opponents of the Scott amendment are saying is that the
members of a white church who received a $1 million job training grant
can say to an African American applicant, You do not belong to our
church. Even though you are totally qualified for this federally funded
job, we are not going to hire you.
What this bill would say, without the Scott amendment, is that
someone could say to a single mom trying to find a job in our religious
faith, We do not believe single mothers should work, so we are not
going to hire you, even though you are fully qualified for this job.
Religious discrimination is wrong. To subsidize it in the year 2005 I
find unbelievable. It is unbelievable that on the very day American
soldiers are risking their lives in Iraq, and perhaps some have given
their lives today in Iraq to give the Iraqis religious freedom, we are
debating a bill on the floor of this House that would say an American
citizen can be denied a federally funded, tax-funded job for simply one
reason, the exercise of your religious faith.
Religious freedom is not just any freedom; it is the first freedom.
It is the first freedom enunciated in the Bill of Rights. It is the
freedom upon which all other freedoms we cherish in this country are
built.
The Founding Fathers thought so much about that freedom, about
religious freedom, they put in the first 16 words of the first
amendment these words: ``Congress shall pass no law respecting an
establishment of religion, or prohibiting the free exercise thereof.''
If saying that someone has to lose a job to support his or her family
because they are exercising their own deeply-felt religious faith, if
that is not prohibiting the free exercise of religion, what is? If
saying we are going to take away your ability to put food on the table
for your children and a job that is paid for by taxpayers, to say that
you cannot have that job because you do not pass my private religious
test, if that is not prohibiting the free exercise of religion, what
is?
The ninth commandment warns people to not bear false witness against
thy neighbor. Yet repeatedly I have heard on this floor those say on
this side of the floor that supporters of the Scott amendment are
opposed to faith-based groups being involved in providing social
services.
I would suggest perhaps they should not only preach the Ten
Commandments; perhaps they should exercise and practice the ninth
commandment, because to make that argument is to suggest that the
Baptist Joint Committee, the American Jewish Committee, and numerous
other religious groups are somehow opposing faith-based groups'
involvement in Federal social service programs. You know that argument
is simply not correct.
This amendment, the Scott amendment, is about one question and one
question alone: Should any American citizen have to pass another
American citizen's private religious test to qualify for a federally
funded job? I hope the Members of this House will respect the Founding
Fathers and the first amendment and the views of the vast majority of
American citizens and say, no, you should not be denied a tax-funded
job because of the exercise of your religious faith.
I urge Members on both sides of the aisle to put partisanship and
politics aside. Vote for religious freedom. Vote for the Scott
amendment.
Mr. BOEHNER. Mr. Chairman, I reserve the balance of my time.
Mr. SCOTT of Virginia. Mr. Chairman, I yield myself the balance of my
time.
The Acting CHAIRMAN (Mr. Bass). The gentleman from Virginia is
recognized for 4 minutes.
Mr. SCOTT of Virginia. Mr. Chairman, this amendment does not propose
any new initiative. The adoption of this amendment will simply keep the
law the way it has been in job training programs since 1965.
Much has been said about court cases. None of those court cases
involved Federal money. They involve church money and what the church
can do with its church money; and whether it is religious or secular
activities, it is still the church's money, not Federal money.
Since 1965 there has been no discrimination with Federal money, at
least until these faith-based initiatives came along. In fact, since
1941 there has been no discrimination in defense contracts, without
exception. So if you want to sell the Army some rifles, if you
discriminate in employment, the Army will not buy those rifles from
you.
Mr. Chairman, a lot has been said about the Clinton administration.
Let me say I will be introducing into the Record statements made at the
signing of those bills outlining the interpretation of the Clinton
administration, outlining why there would be no discrimination in
employment under the Clinton administration, notwithstanding the
language in those various bills.
There has been no discrimination against faith-based organizations.
Speakers have suggested that they cannot get contracts. The fact of the
matter is that they can get contracts. In fact, anybody that can get
funded under the underlying bill could be funded if the organization
would simply agree not to discriminate in employment.
In 1964, a gentleman during the debate on the floor said in terms of
whether or not you can get the money,
[[Page H912]]
``Stop the discrimination, get the money; continue the discrimination,
do not get the money.''
That is what we are talking about here. Telling somebody that they
are not qualified for a federally paid-for job because of religion is
wrong. Adopt my amendment and we will keep the law the way it has been
since 1965.
Mr. Chairman, I yield back the balance of my time.
Mr. BOEHNER. Mr. Chairman, I yield myself the balance of my time.
The Acting CHAIRMAN. The gentleman from Ohio is recognized for 8
minutes.
Mr. BOEHNER. Mr. Chairman, I think it is important that we keep our
eye on the target here. The bill before us seeks to help Americans who
need job training services or retraining services to help them have an
opportunity to participate and succeed in the economy of the 21st
century. The question is how best do we deliver those services.
Under the Workforce Investment Act, we set up these one-stop centers
all over the country. They have in fact been wildly successful. But we
also know that there are pockets of poverty, pockets of people in very
dire straits, that are not going to come walking into a one-stop shop.
We also know that there are organizations out there that as part of
their faith, part of the mission of their faith, go out and help those
in need.
{time} 1815
Now, what we are trying to do is to make sure that these services get
to the people that they need. So in this bill we include protections
for those faith-based organizations who may want to participate in this
program, give them the opportunity to do that without, without giving
up their rights under the 1964 Civil Rights Act.
It is a very simple question that we are down to here. My friends on
the other side of the aisle, by and large, want to say if you take one
Federal dollar in the pursuit of helping others under this program, you
have to give up your rights under the 1964 Civil Rights Act. That is
the whole point here.
Point of Order
Mr. SCOTT of Virginia. Mr. Chairman, I have a point of order.
If it is true that they cannot discriminate with the Federal money,
but can discriminate with the church money, is the statement that the
gentleman mentioned, true or not?
The Acting CHAIRMAN (Mr. Bass). The gentleman is not stating a point
of order.
The gentleman from Ohio (Mr. Boehner) will continue.
Mr. BOEHNER. Mr. Chairman, so the debate here boils down to one of
two issues, you believe that if these faith-based organizations want to
participate in these programs that they have to give up their rights
under the 1964 Civil Rights Act.
We believe and the majority of this House has believed on a number of
occasions as we have had this vote, that faith-based organizations who
want to help the neediest of the needy should in fact be able to have
their rights under the 1964 Civil Rights Act. It is just as simple as
that.
So I would ask my colleagues as they look at this bill and look at
this amendment to support the work that we have done, to allow these
groups to participate. They do good work. There is no reason why that
they cannot partner with the Federal Government to help us in our
effort to help the neediest of the needy, and to help improve the
prospects for job training and retraining to help all Americans
participate in the 21st century economy and give them a chance to
succeed at the American dream.
Mr. Chairman, I ask my colleagues to vote against the Scott
amendment.
Ms. KILPATRICK of Michigan. Mr. Chairman, I rise in support of the
amendment offered by the gentleman from Virginia, Mr. Scott. As
written, the underlying bill will make it legal for faith-based
organizations that receive federal funds and run job-training programs
to discriminate in their hiring practices.
Throughout my life, I have fought against discrimination wherever it
is practiced in our social, cultural, political and economic life. The
language contained in this bill goes against that core principle. The
president and I have our disagreements, but the one concern we do share
is that Sunday is generally regarded as the most segregated day of the
week. The bill before us today encourages faith-based organizations to
practice discrimination within their employment practices with Federal
funds during the workday week.
I support the work of our religious institutions in sponsoring
federal programs and delivering vital social and employment programs to
our communities. I first sought elected office by the grace of our God
and at the urging of my church. But supporters of this bill contend if
you do not allow religious organizations to hire members of their own
faith, we are denying religious institutions from participating in
federal programs that deliver needed services to our local communities.
In other words, they argue we are practicing religious bigotry.
Nothing can be further from the truth. In fact, I would suggest that
this movement is reminiscent of the days of school desegregation when
many parents withdrew their children from public school so they could
attend so-called Christian academies for the purpose learning. Why does
the federal government want to encourage that kind of action? This bill
does just that.
I urge my colleagues to vote ``no.''
Mr. BOEHNER. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Virginia (Mr. Scott).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.
Mr. SCOTT of Virginia. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Virginia
(Mr. Scott) will be postponed.
Sequential Votes Postponed in Committee Of the Whole
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings
will now resume on those amendments on which further proceedings were
postponed, in the following order:
Amendment by the gentleman from Michigan (Mr. Kildee), amendment by
the gentlewoman from New York (Ms. Velazquez), amendment by the
gentleman from Virginia (Mr. Scott).
The Chair will reduce to 5 minutes the time for any electronic vote
after the first vote in this series.
Amendment No. 1 Offered by Mr. Kildee
The Acting CHAIRMAN. The pending business is the demand for a
recorded vote on the amendment offered by the gentleman from Michigan
(Mr. Kildee) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 200,
noes 222, not voting 11, as follows:
[Roll No. 44]
AYES--200
Abercrombie
Ackerman
Allen
Andrews
Baca
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boren
Boswell
Boucher
Boyd
Brady (PA)
Brown (OH)
Brown, Corrine
Butterfield
Capps
Capuano
Cardin
Cardoza
Carnahan
Case
Chandler
Clay
Clyburn
Conyers
Cooper
Costa
Costello
Cramer
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Doyle
Edwards
Emanuel
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Ford
Frank (MA)
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Harman
Hastings (FL)
Herseth
Higgins
Hinchey
Hinojosa
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson, E. B.
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kind
Kucinich
Langevin
Lantos
Larsen (WA)
Larson (CT)
Leach
Lee
Levin
Lewis (GA)
Lipinski
Lofgren, Zoe
Lowey
Lynch
Maloney
Markey
Marshall
Matheson
McCarthy
McCollum (MN)
McDermott
McGovern
McIntyre
McKinney
McNulty
Meehan
Meek (FL)
Melancon
Menendez
Michaud
Miller (NC)
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murtha
Nadler
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Paul
Payne
[[Page H913]]
Pelosi
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Sabo
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Schakowsky
Schiff
Schwartz (PA)
Scott (GA)
Scott (VA)
Serrano
Shays
Sherman
Simmons
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Spratt
Stark
Strickland
Stupak
Tanner
Tauscher
Taylor (MS)
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Wexler
Woolsey
Wu
Wynn
NOES--222
Aderholt
Akin
Alexander
Bachus
Baker
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bass
Beauprez
Biggert
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boustany
Bradley (NH)
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Burgess
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Carter
Castle
Chabot
Chocola
Coble
Cole (OK)
Conaway
Cox
Crenshaw
Cubin
Culberson
Cunningham
Davis (KY)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeLay
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Duncan
Ehlers
Emerson
English (PA)
Everett
Feeney
Ferguson
Fitzpatrick (PA)
Flake
Foley
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Green (WI)
Gutknecht
Hall
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Hobson
Hoekstra
Hostettler
Hulshof
Hunter
Hyde
Inglis (SC)
Issa
Istook
Jenkins
Jindal
Johnson (IL)
Johnson, Sam
Jones (NC)
Keller
Kelly
Kennedy (MN)
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
Kuhl (NY)
LaHood
Latham
LaTourette
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
McCaul (TX)
McCotter
McHenry
McHugh
McKeon
McMorris
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Murphy
Musgrave
Myrick
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Osborne
Otter
Oxley
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pombo
Porter
Portman
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Royce
Ryan (WI)
Ryun (KS)
Saxton
Schwarz (MI)
Sensenbrenner
Sessions
Shadegg
Shaw
Sherwood
Shimkus
Shuster
Simpson
Smith (NJ)
Smith (TX)
Sodrel
Souder
Stearns
Sullivan
Sweeney
Tancredo
Taylor (NC)
Terry
Thomas
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walden (OR)
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
Young (FL)
NOT VOTING--11
Carson
Cleaver
Gillmor
Harris
Jones (OH)
McCrery
Meeks (NY)
Millender-McDonald
Napolitano
Reynolds
Ryan (OH)
{time} 1845
Messrs. LaTOURETTE, NEUGEBAUER, and WALDEN of Oregon, Mrs. MUSGRAVE,
and Messrs. FITZPATRICK of Pennsylvania, PETRI, and OTTER changed their
vote from ``aye'' to ``no.''
Messrs. SPRATT, POMEROY and SHAYS changed their vote from ``no'' to
``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Amendment No. 2 Offered by Ms. Velazquez
The Acting CHAIRMAN (Mr. Bass). The pending business is the demand
for a recorded vote on the amendment offered by the gentlewoman from
New York (Ms. Velazquez) 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 Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIRMAN. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 202,
noes 221, not voting 10, as follows:
[Roll No. 45]
AYES--202
Abercrombie
Ackerman
Allen
Andrews
Baca
Baird
Baldwin
Barrow
Bean
Beauprez
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boren
Boswell
Boucher
Boyd
Brady (PA)
Brown (OH)
Brown, Corrine
Brown-Waite, Ginny
Butterfield
Capps
Capuano
Cardin
Cardoza
Carnahan
Case
Chandler
Clay
Clyburn
Conyers
Cooper
Costa
Costello
Cramer
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (TN)
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Doyle
Edwards
Emanuel
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Ford
Fossella
Frank (MA)
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Harman
Hastings (FL)
Herseth
Higgins
Hinchey
Hinojosa
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (IL)
Johnson, E. B.
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kind
Kucinich
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Lofgren, Zoe
Lowey
Lynch
Maloney
Markey
Marshall
Matheson
McCarthy
McCollum (MN)
McDermott
McGovern
McIntyre
McKinney
McNulty
Meehan
Meek (FL)
Melancon
Menendez
Michaud
Miller (NC)
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murtha
Nadler
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Paul
Payne
Pearce
Pelosi
Pomeroy
Price (NC)
Rahall
Rangel
Renzi
Reyes
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sabo
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Schakowsky
Schiff
Schwartz (PA)
Scott (GA)
Scott (VA)
Serrano
Sherman
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Spratt
Stark
Strickland
Stupak
Sweeney
Tanner
Tauscher
Taylor (MS)
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Wexler
Woolsey
Wu
Wynn
NOES--221
Aderholt
Akin
Alexander
Bachus
Baker
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bass
Biggert
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boustany
Bradley (NH)
Brady (TX)
Brown (SC)
Burgess
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Carter
Castle
Chabot
Chocola
Coble
Cole (OK)
Conaway
Cox
Crenshaw
Cubin
Culberson
Cunningham
Davis (KY)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeFazio
DeLay
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Duncan
Ehlers
Emerson
English (PA)
Everett
Feeney
Ferguson
Fitzpatrick (PA)
Flake
Foley
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Green (WI)
Gutknecht
Hall
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Hobson
Hoekstra
Hostettler
Hulshof
Hunter
Hyde
Inglis (SC)
Issa
Istook
Jenkins
Jindal
Johnson (CT)
Johnson, Sam
Jones (NC)
Keller
Kelly
Kennedy (MN)
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
Kuhl (NY)
LaHood
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
McCaul (TX)
McCotter
McHenry
McHugh
McKeon
McMorris
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Murphy
Musgrave
Myrick
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Osborne
Otter
Oxley
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pombo
Porter
Portman
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Royce
Ryan (WI)
Ryun (KS)
Saxton
Schwarz (MI)
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simmons
Simpson
Smith (NJ)
Smith (TX)
Sodrel
Souder
Stearns
Sullivan
Tancredo
Taylor (NC)
Terry
Thomas
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walden (OR)
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Whitfield
[[Page H914]]
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
Young (FL)
NOT VOTING--10
Carson
Cleaver
Gillmor
Harris
Jones (OH)
McCrery
Meeks (NY)
Millender-McDonald
Napolitano
Reynolds
Announcement By The Acting Chairman
The Acting CHAIRMAN (during the vote) (Mr. Bass). Members are advised
that 2 minutes remain in this vote.
{time} 1853
Mr. SHAYS changed his vote from ``aye'' to ``no.''
Mr. FOSSELLA changed his vote from ``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Amendment No. 3 Offered by Mr. Scott of Virginia
The Acting CHAIRMAN. The pending business is the demand for a
recorded vote on the amendment offered by the gentleman from Virginia
(Mr. Scott) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIRMAN. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 186,
noes 239, not voting 8, as follows:
[Roll No. 46]
AYES--186
Abercrombie
Ackerman
Allen
Andrews
Baca
Baird
Baldwin
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boren
Boswell
Boucher
Boyd
Brady (PA)
Brown (OH)
Brown, Corrine
Butterfield
Capps
Capuano
Cardin
Cardoza
Carnahan
Case
Clay
Clyburn
Conyers
Cooper
Costa
Costello
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Doyle
Edwards
Emanuel
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Ford
Frank (MA)
Gonzalez
Green, Al
Green, Gene
Grijalva
Gutierrez
Harman
Hastings (FL)
Higgins
Hinchey
Hinojosa
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kind
Kirk
Kucinich
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lofgren, Zoe
Lowey
Lynch
Maloney
Markey
Matheson
McCarthy
McCollum (MN)
McDermott
McGovern
McKinney
McNulty
Meehan
Meek (FL)
Melancon
Menendez
Michaud
Miller (NC)
Miller, George
Moore (KS)
Moore (WI)
Moran (VA)
Murtha
Nadler
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Pomeroy
Price (NC)
Rangel
Reyes
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sabo
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Schakowsky
Schiff
Schwartz (PA)
Scott (GA)
Scott (VA)
Serrano
Shays
Sherman
Simmons
Slaughter
Smith (WA)
Snyder
Solis
Spratt
Stark
Strickland
Stupak
Tanner
Tauscher
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Wexler
Woolsey
Wu
Wynn
NOES--239
Aderholt
Akin
Alexander
Bachus
Baker
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bass
Beauprez
Biggert
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boustany
Bradley (NH)
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Burgess
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Carter
Castle
Chabot
Chandler
Chocola
Coble
Cole (OK)
Conaway
Cox
Cramer
Crenshaw
Cubin
Culberson
Cunningham
Davis (KY)
Davis (TN)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeLay
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Duncan
Ehlers
Emerson
English (PA)
Everett
Feeney
Ferguson
Fitzpatrick (PA)
Flake
Foley
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gingrey
Gohmert
Goode
Goodlatte
Gordon
Granger
Graves
Green (WI)
Gutknecht
Hall
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Herseth
Hobson
Hoekstra
Hostettler
Hulshof
Hunter
Hyde
Inglis (SC)
Issa
Istook
Jenkins
Jindal
Johnson (CT)
Johnson (IL)
Johnson, Sam
Jones (NC)
Keller
Kelly
Kennedy (MN)
King (IA)
King (NY)
Kingston
Kline
Knollenberg
Kolbe
Kuhl (NY)
LaHood
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marshall
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McIntyre
McKeon
McMorris
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mollohan
Moran (KS)
Murphy
Musgrave
Myrick
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Osborne
Otter
Oxley
Paul
Pearce
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pombo
Porter
Portman
Price (GA)
Pryce (OH)
Putnam
Radanovich
Rahall
Ramstad
Regula
Rehberg
Reichert
Renzi
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Royce
Ryan (WI)
Ryun (KS)
Saxton
Schwarz (MI)
Sensenbrenner
Sessions
Shadegg
Shaw
Sherwood
Shimkus
Shuster
Simpson
Skelton
Smith (NJ)
Smith (TX)
Sodrel
Souder
Stearns
Sullivan
Sweeney
Tancredo
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walden (OR)
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
Young (FL)
NOT VOTING--8
Carson
Cleaver
Gillmor
Harris
Meeks (NY)
Millender-McDonald
Napolitano
Reynolds
{time} 1903
Mr. BASS changed his vote from ``aye'' to ``no.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
The Acting CHAIRMAN (Mr. Bass). There being no further amendments,
the question is on the committee amendment in the nature of a
substitute.
The committee amendment in the nature of a substitute was agreed to.
The Acting CHAIRMAN. Under the rule, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Hastings of Washington) having assumed the chair, Mr. Bass, the Acting
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. 27) 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 126, 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.
The question is on the committee amendment in the nature of a
substitute.
The committee amendment in the nature of a substitute 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. Kildee
Mr. KILDEE. Mr. Speaker, I offer a motion to recommit.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. KILDEE. Yes, I am, Mr. Speaker, in its current form.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. Kildee of Michigan moves to recommit the bill H.R. 27
to the Committee on Education and the Workforce with
instructions to report the same back to the House forthwith
with the following amendment:
After section 127, insert the following new section (and
redesignate succeeding sections
[[Page H915]]
and conform the table of contents accordingly):
SEC. 128. ASSISTANCE TO VETERANS RETURNING FROM ACTIVE DUTY
AND WORKERS WHO LOSE JOBS DUE TO OFFSHORING.
The Workforce Investment Act of 1998 is amended by adding
after section 174 the following new section:
``SEC. 175. ASSISTANCE TO VETERANS RETURNING FROM ACTIVE DUTY
AND WORKERS WHO LOSE JOBS DUE TO OFFSHORING.
``(a) Income Support, Job Training, Job Search Assistance,
Relocation Allowance.--
``(1) In general.--From the amount authorized under
subsection (d), the Secretary shall make grants to States to
provide income support, job training assistance, job search
assistance, and relocation allowances to--
``(A) individuals who have lost employment due to
offshoring; and
``(B) a person who is unemployed and, while on active duty
in the Armed Forces, was deployed overseas in support of
Operation Enduring Freedom or Operation Iraqi Freedom.
``(2) Veteran eligibility for job training.--With respect
to job training assistance under this subsection, a person
who served on active duty in the Armed Forces and was
deployed overseas in support of Operation Enduring Freedom or
Operation Iraqi Freedom shall be eligible regardless of
whether such person is employed.
``(b) Assistance.--The benefits provided under this section
for such individuals shall be the same as the benefits for
such individuals under the Trade Adjustment Assistance
program (under subchapter II of the Trade Act of 1974 (19
U.S.C. 2271 et seq.)).
``(c) Offshoring of Jobs.--For purposes of this section,
the term `offshoring' means any action taken by an employer
the effect of which is to create, shift, or transfer work or
facilities outside the United States.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated such sums as may be necessary to carry out
this section.''.
Mr. KILDEE (during the reading). Mr. Speaker, I ask unanimous consent
that the motion to recommit be considered as read and printed in the
Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
The SPEAKER pro tempore. The gentleman from Michigan is recognized
for 5 minutes.
Mr. KILDEE. Mr. Speaker, my motion to recommit is simple. It provides
extra assistance to workers whose jobs have been outsourced and
veterans who are returning from conflicts overseas.
Mr. Speaker, half a million jobs have been outsourced over the past 3
years. An additional 830,000 jobs are expected to be outsourced in 2005
and 3.3 million by 2015. Up to 6 million jobs may be sent overseas in
the next 10 years. These statistics represent lost jobs for American
workers. Fewer jobs means that American workers will struggle to
provide for their families and fall further into debt. The
administration has turned a deaf ear to the needs of these workers.
American workers who lose their jobs due to outsourcing need
significant assistance and resources to obtain new employment. This
motion would provide this help.
Likewise, many veterans returning from the conflicts in Afghanistan
and Iraq may need skills and training to obtain or retain their jobs.
Reservists who have spent a year or more overseas have put their
careers on hold to serve our country. This amendment would provide the
help they need.
Mr. Speaker, I urge Members who want to help our veterans and those
who have lost their jobs to outsourcing to support this motion.
Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman from South
Dakota (Ms. Herseth).
Ms. HERSETH. Mr. Speaker, I would like to thank the gentleman from
Michigan for offering this motion to recommit.
Mr. Speaker, we have asked literally hundreds of thousands of our
best and brightest, many of them National Guard and Reservists from
South Dakota, to serve overseas in Operations Iraqi Freedom and
Enduring Freedom. We owe these brave men and women and their families a
great deal for their sacrifice during these difficult times. What we
owe them is the opportunity to make good on the American Dream that
they have fought to defend.
This motion would create an economic transition benefit, similar to
Trade Adjustment Act assistance, for service members returning from
Iraq and Afghanistan who find themselves without employment.
Additionally, too many of the brave men and women who are serving in
the National Guard and Reserve forces have returned home to find their
jobs gone and their families struggling to make ends meet. While our
military personnel are risking their lives in Iraq and Afghanistan,
they should not be worrying if their jobs will be there for them when
they return home or what they will do if they are not.
This motion to recommit would provide unemployed veterans of Iraq and
Afghanistan with income support and intensive employment training and
job relocation assistance so that they can successfully transition back
into civilian life.
I ask my colleagues to support this motion to recommit. Our returning
servicemembers from Iraq and Afghanistan deserve no less.
Mr. KILDEE. Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman
from Connecticut (Ms. DeLauro).
Ms. DeLAURO. Mr. Speaker, the outsourcing of good-paying American
jobs to other countries is a crisis that touches every community in the
United States. Up to half a million jobs have been outsourced over the
past 3 years to countries like China, India, and Mexico. This at a time
when there are 8 million Americans out of work.
Americans now understand that outsourcing negatively impacts every
segment of our economy. Not only have 2.7 million jobs been lost in our
once-vibrant manufacturing sector since the beginning of this
administration but white collar jobs are being offshored as well.
According to one report, 181,000 computer jobs will be moved offshore
by the end of 2005. Last year, State and local governments outsourced
$10 billion of public projects.
What we are witnessing today is a full-scale erosion of the American
workforce, with millions seeking skills to improve their current
employment situation. This bill undermines our job training system and
our economy alike. This motion seeks to provide assistance to veterans,
provide workers who lost their jobs to outsourcing with job training
assistance, allowances to relocate to where they can find work and
other forms of income support. This bill destroys the functioning
elements of our job training system. It does not, quote, improve our
delivery of these vital services for unemployed Americans.
I urge my colleagues to support this motion to recommit.
Mr. KILDEE. Mr. Speaker, I urge support for this motion which will
address a very urgent problem.
Mr. Speaker, I yield back the balance of my time.
Mr. BOEHNER. Mr. Speaker, I rise in opposition to the motion to
recommit.
The SPEAKER pro tempore. The gentleman from Ohio is recognized for 5
minutes.
Mr. BOEHNER. Mr. Speaker, let us tell the truth about what has
happened in job creation in America. Over the last 17 months, 2.7
million new jobs have been created in America. Our economy is strong
and our economy is getting stronger. If we look at the underlying bill
that we have before us, veterans have a preference to services above
all others.
What the gentleman from Michigan proposes here is a brand new program
similar to a trade adjustment program that provides up to 2 years of
unemployment-type benefits and provides unlimited access to training.
But the fact is that unemployed workers have access today, people
coming back from Iraq who are unemployed have access to services, and
those who may have their jobs lost through outsourcing have, in fact,
access to services.
But what also happens under the gentleman's amendment is that they
get a preference in this bill. The gentleman creates a new preference
here above other types of people who may have lost their jobs. The
underlying bill, in fact, will provide more services to more unemployed
workers and workers who want to increase their skills who may not be
unemployed.
But when we look at this, this is a new program. This is an
authorization. There is no appropriation. We all know it will probably
take 2 to 5 years for this type of program to be implemented. The fact
is I think it is a cruel hoax on those who may be unemployed, who may
fall into one of these categories to think that they are going to be
eligible for unemployment-type assistance or be eligible for unlimited
[[Page H916]]
training when, in fact, there is no appropriation and the fact is the
program will take years to implement.
I urge my colleagues to vote against the motion to recommit and
support the underlying bill.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
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.
Recorded Vote
Mr. KILDEE. Mr. Speaker, I demand a recorded vote.
A recorded vote was 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 vote on
the question of passage.
The vote was taken by electronic device, and there were--ayes 197,
noes 228, not voting 8, as follows:
[Roll No. 47]
AYES--197
Abercrombie
Ackerman
Allen
Andrews
Baca
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boren
Boswell
Boucher
Boyd
Brady (PA)
Brown (OH)
Brown, Corrine
Butterfield
Capps
Capuano
Cardin
Cardoza
Carnahan
Case
Chandler
Clay
Clyburn
Conyers
Cooper
Costa
Costello
Cramer
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Doyle
Edwards
Emanuel
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Ford
Frank (MA)
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Harman
Hastings (FL)
Herseth
Higgins
Hinchey
Hinojosa
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kind
Kucinich
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Lofgren, Zoe
Lowey
Lynch
Maloney
Markey
Marshall
Matheson
McCarthy
McCollum (MN)
McDermott
McGovern
McIntyre
McKinney
McNulty
Meehan
Meek (FL)
Melancon
Menendez
Michaud
Miller (NC)
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murtha
Nadler
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sabo
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Schakowsky
Schiff
Schwartz (PA)
Scott (GA)
Scott (VA)
Serrano
Sherman
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Spratt
Stark
Strickland
Stupak
Tanner
Tauscher
Taylor (MS)
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Wexler
Woolsey
Wu
Wynn
NOES--228
Aderholt
Akin
Alexander
Bachus
Baker
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bass
Beauprez
Biggert
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bono
Boozman
Boustany
Bradley (NH)
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Burgess
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Carter
Castle
Chabot
Chocola
Coble
Cole (OK)
Conaway
Cox
Crenshaw
Cubin
Culberson
Cunningham
Davis (KY)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeLay
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Duncan
Ehlers
Emerson
English (PA)
Everett
Feeney
Ferguson
Fitzpatrick (PA)
Flake
Foley
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Green (WI)
Gutknecht
Hall
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Hobson
Hoekstra
Hostettler
Hulshof
Hunter
Hyde
Inglis (SC)
Issa
Istook
Jenkins
Jindal
Johnson (CT)
Johnson (IL)
Johnson, Sam
Jones (NC)
Keller
Kelly
Kennedy (MN)
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
Kuhl (NY)
LaHood
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McKeon
McMorris
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Murphy
Musgrave
Myrick
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Osborne
Otter
Oxley
Paul
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pombo
Porter
Portman
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Royce
Ryan (WI)
Ryun (KS)
Saxton
Schwarz (MI)
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simmons
Simpson
Smith (NJ)
Smith (TX)
Sodrel
Souder
Stearns
Sullivan
Sweeney
Tancredo
Taylor (NC)
Terry
Thomas
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walden (OR)
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
Young (FL)
NOT VOTING--8
Bonner
Carson
Cleaver
Gillmor
Harris
Meeks (NY)
Millender-McDonald
Napolitano
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (Mr. Hastings of Washington) (during the
vote). Members are advised 2 minutes remain in this vote.
{time} 1933
Mr. GARRETT of New Jersey changed his vote from ``aye'' to ``no.''
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore. 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.
The vote was taken by electronic device, and there were--ayes 224,
noes 200, not voting 9, as follows:
[Roll No. 48]
AYES--224
Aderholt
Akin
Alexander
Bachus
Baker
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bass
Beauprez
Biggert
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bono
Boozman
Boustany
Bradley (NH)
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Burgess
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Carter
Castle
Chabot
Chocola
Coble
Cole (OK)
Conaway
Cox
Cramer
Crenshaw
Cubin
Culberson
Cunningham
Davis (KY)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeLay
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Ehlers
Emerson
English (PA)
Everett
Feeney
Ferguson
Fitzpatrick (PA)
Foley
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Green (WI)
Gutknecht
Hall
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hobson
Hoekstra
Hulshof
Hunter
Hyde
Inglis (SC)
Issa
Istook
Jenkins
Jindal
Johnson (CT)
Johnson (IL)
Johnson, Sam
Jones (NC)
Keller
Kelly
Kennedy (MN)
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
Kuhl (NY)
LaHood
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marshall
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McKeon
McMorris
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Murphy
Musgrave
Myrick
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Osborne
Otter
Oxley
Pearce
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pombo
Porter
Portman
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Royce
Ryan (WI)
Ryun (KS)
Saxton
Schwarz (MI)
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simmons
Simpson
Smith (NJ)
Smith (TX)
Sodrel
Souder
Stearns
Sullivan
Sweeney
[[Page H917]]
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walden (OR)
Walsh
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
Young (FL)
NOES--200
Abercrombie
Ackerman
Allen
Andrews
Baca
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boren
Boswell
Boucher
Boyd
Brady (PA)
Brown (OH)
Brown, Corrine
Butterfield
Capps
Capuano
Cardin
Cardoza
Carnahan
Case
Chandler
Clay
Clyburn
Conyers
Cooper
Costa
Costello
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Doyle
Duncan
Edwards
Emanuel
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Flake
Ford
Frank (MA)
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Harman
Hastings (FL)
Hensarling
Herseth
Higgins
Hinchey
Hinojosa
Holden
Holt
Honda
Hooley
Hostettler
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kind
Kucinich
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Lofgren, Zoe
Lowey
Lynch
Maloney
Markey
Matheson
McCarthy
McCollum (MN)
McDermott
McGovern
McIntyre
McKinney
McNulty
Meehan
Meek (FL)
Melancon
Menendez
Michaud
Miller (NC)
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murtha
Nadler
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Paul
Payne
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sabo
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Schakowsky
Schiff
Schwartz (PA)
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
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Wexler
Woolsey
Wu
Wynn
NOT VOTING--9
Bonner
Carson
Cleaver
Gillmor
Harris
Meeks (NY)
Millender-McDonald
Napolitano
Pelosi
{time} 1942
Mr. ROYCE changed his vote from ``no'' to ``aye.''
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________