[House Report 108-92]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-92
======================================================================
PROVIDING FOR CONSIDERATION OF H.R. 1261, WORKFORCE REINVESTMENT AND
ADULT EDUCATION ACT OF 2003
_______
May 7, 2003.--Referred to the House Calendar and ordered to be printed
_______
Ms. Pryce of Ohio, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 221]
The Committee on Rules, having had under consideration
House Resolution 221, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 1261, the
Workforce Reinvestment and Adult Education Act of 2003, under a
structured rule. The rule provides one hour of general debate
equally divided and controlled by the chairman and ranking
minority member of the Committee on Education and the
Workforce.
The rule provides that the amendment in the nature of a
substitute recommended by the Committee on Education and the
Workforce now printed in the bill shall be considered as an
original bill for the purpose of amendment and shall be
considered as read.
The rule makes in order only those amendments printed in
this report. The rule provides that the amendments printed in
this report may be considered only in the order printed in this
report, may be offered only by a Member designated in this
report, shall be considered as read, shall be debatable for the
time specified in this 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 a division
of the question in the House or in the Committee of the Whole.
The rule waives all points of order against the amendments
printed in this report. The rule provides one motion to
recommit with or without instructions.
COMMITTEE VOTES
Pursuant to clause 3(b) of House rule XIII the results of
each record vote on an amendment or motion to report, together
with the names of those voting for and against, are printed
below:
Rules Committee record vote No. 57
Date: May 7, 2003.
Measure: H.R. 1261--Workforce Reinvestment and Adult
Education Act of 2003.
Motion by: Mr. Frost.
Summary of motion: To make in order the amendment by
Representative Kildee which codifies H.R. 1652, which would
extend unemployment benefits for an additional 26 weeks for
newly unemployed workers and 13 weeks for those workers who
have previously exhausted their unemployment benefits.
Results: Defeated 3 to 7.
Vote by Members: Goss--Nay; Linder--Nay; Diaz-Balart--Nay;
Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; Frost--Yea;
McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.
Rules Committee record vote No. 58
Date: May 7, 2003.
Measure: H.R. 1261--Workforce Reinvestment and Adult
Education Act of 2003.
Motion by: Mr. McGovern.
Summary of motion: To make in order the amendment by
Representative Tierney which strikes the authorization for
states to take program dollars from veterans training programs,
vocational rehabilitation programs, adult education programs
and other mandatory partners to fund infrastructure and
administrative costs for the Workforce Investment system. Would
authorize a specific line item for infrastructure funding for
the One-Stop Centers.
Results: Defeated 3 to 7.
Vote by Members: Goss--Nay; Linder--Nay; Diaz-Balart--Nay;
Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; Frost--Yea;
McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.
Rules Committee record vote No. 59
Date: May 7, 2003.
Measure: H.R. 1261--Workforce Reinvestment and Adult
Education Act of 2003.
Motion by: Mr. McGovern.
Summary of motion: To make in order the amendment by
Representative Van Hollen, which restores current law which
prohibits the use of Federal funds to discriminate in hiring
based on religion.
Results: Defeated 3 to 7.
Vote by Members: Goss--Nay; Linder--Nay; Diaz-Balart--Nay;
Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; Frost--Yea;
McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.
Rules Committee record vote No. 60
Date: May 7, 2003.
Measure: H.R. 1261--Workforce Reinvestment and Adult
Education Act of 2003.
Motion by: Mr. Hastings of Florida.
Summary of motion: To make in order the amendment by
Representative Ryan of Ohio, which allows for the hiring of
100,000 first responders (fire, police, and security personnel)
to create jobs and ensure that communities have the emergency
personnel they need.
Results: Defeated 3 to 7.
Vote by Members: Goss--Nay; Linder--Nay; Diaz-Balart--Nay;
Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; Frost--Yea;
McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.
SUMMARY OF AMENDMENTS MADE IN ORDER UNDER THE RULE
1. McKeon/Boehner: Manager's Amendment. Clarifies that if a
state has more than one state unit for vocational
rehabilitation, the representative of the designated state unit
that serves the most individuals with disabilities would serve
on the state workforce investment board. Makes Temporary
Assistance for Needy Families (TANF) a mandatory partner in the
one-stop career center system, unless the Governor of the state
notifies the Secretaries of Labor and Health and Human Services
that the Governor does not want the TANF program to be
mandatory partner. Reinstates the requirement that youth
providers be selected by competitive process, unless the local
board determines that there are insufficient numbers of
eligible providers of youth services in the local area
involved. Revises the factors for the youth formula for
allocation of funds to states to better reflect available data
on youth. Also clarifies that the new formula applies only to
funds appropriated in excess of the level of funds appropriated
in 2003. Revises the formula for allocation of funds to states
under the consolidated adult funding stream. The amendment
includes a hold-harmless provision for states so that in each
year each state will receive at least what the state would have
received under the current formulas for the three adult
employment and training programs. Revises the new formula to
create a two-part formula reflective of the population to be
served. Clarifies that reemployment services provided to
unemployment claimants are core services. Increases the
authorized level for the youth grants to $1.25 billion.
Clarifies that state-recognized tribes may continue to
participate in the WIA program for Native Americans. Clarifies
that housing assistance provided under the program for migrant
and seasonal farmworker program may be permanent housing. Under
Title II, the amendment clarifies that eligible agencies must
demonstrate how they meet the goals established under this
Section. Under Title II, the amendment ensures that eligible
providers use grant funds under this section only after using
funds available for similar services are used first. Concerning
the Establishment of the National Institute for Literacy, the
amendment provides that the Institute is under the direction of
an Interagency Group, composed of the Department of Education,
the Department of Labor, and the Department of Health and Human
Services. This is current law. Under Title II, Internet Site.--
The amendment ensures that the Institute website provides
information consistent with the purposes established in this
Section. Under Title II, Transition.--The amendment provides
for an orderly transition in the implementation of this title.
The amendment makes additional clarifying, technical, and
conforming amendments to Titles I and II. (10 minutes)
2. Allen: Eliminates the inclusion of an adult education
representative on local Workforce Investment Boards. (10
minutes)
3. Vitter: Inserts language from Section 118 (relating to
the Local plans of the WIA boards) into two parts of the bill:
the Certification of One-Stop Centers (section 121) and
Criteria for One-Stop Centers to be eligible for Infrastructure
funds (section 122). (10 minutes)
4. Kline: Clarifies the methodology for determining the
contributions that one-stop partner programs will make to the
costs of infrastructure of the one-stop career center system.
Requires that, when making the determination regarding the
funds to be contributed, the Governor, in consultation with the
State board, consider: the proportionate use of the one-strop
centers by each partner; the costs of administration unrelated
to the use of the one-stop centers by each partner; and other
relevant factors. Requires that the funds provided by the one-
stoop partner programs for the infrastructure costs are to be
provided from funds available for administrative costs under
each program and that those funds shall be subject to whatever
administrative cost limits are applicable to each program. (10
minutes)
5. Lewis (GA): Extends the eligibility criteria age for
those to be served by the programs that are intended to target
services to out of school youth to 24 years old. (10 minutes)
6. Hastings (FL): Increases the amounts that are required
according to the formulas established under section
132(b)(2)(B) from 80 to 85 percent and reduces the
discretionary amounts from 20 to 15 percent. (10 minutes)
7. Millender-McDonald: Clarifies the definition of eligible
populations for job training services to include single
parents, displaced homemakers, and pregnant single women. (10
minutes)
8. Kaptur: Requires the Department of Labor to establish a
coordinated system that provides technical assistance to
localities when such assistance would not be duplicative to
assistance provided by a state. (10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative McKeon of California,
or His Designee, Debatable for 10 Minutes
Page 6, strike lines 18 through 21 and insert the following:
``(III) if not included under
subclause (I), the director of the
State unit, defined in section 7(8)(B)
of the Rehabilitation Act of 1973 (29
U.S.C. 705(8)(B)) except that in a
State that has established 2 or more
designated State units to administer
the vocational rehabilitation program,
the board representative shall be the
director of the designated State unit
that serves the most individuals with
disabilities in the State;
Page 15, line 14, strike ``(a) One-stop Partners.--'' and all
that follows through page 16, line 12, and insert the
following:
(a) One-Stop Partners.--
(1) Required partners.--Section 121(b)(1) (29 U.S.C.
2841(b)(1)) is amended--
(A) in subparagraph (B)--
(i) by striking clauses (ii) and (v)
(ii) by redesignating clauses (iii)
and (iv) as clauses (ii) and (iii),
respectively, and by redesignating
clauses (vi) through (xii) as clauses
(iv) through (x), respectively;
(iii) in clause (ix) (as so
redesignated), by striking ``and'';
(iv) in clause (x) (as so
redesignated), by striking the period
and inserting ``; and''; and
(v) by inserting after clause (x)(as
so redesignated) the following:
``(xi) programs authorized under part
A of title IV of the Social Security
Act (42 U.S.C. 601 et. seq.), subject
to subparagraph (C).''; and
(B) by adding after subparagraph (B) the
following:
``(C) Determination by the governor.--The
program referred to in clauses (xi) of
subparagraph (B) shall be included as a
required partner for purposes of this title in
a State unless the Governor of the State
notifies the Secretary and the Secretary of
Health and Human Services in writing of a
determination by the Governor not to include
such programs as required partners for purposes
of this title in the State.''.
(2) Additional partners.--Section 121(b)(2)(B) (29
U.S.C. 2841(b)(2)(B)) is amended--
(A) by striking clause (i) and redesignating
clauses (ii) through (v) as clauses (i) through
(iv) respectively;
(B) in clause (iii) (as so redesignated) by
striking ``and'' at the end;
(C) in clause (iv) (as so redesignated) by
striking the period and inserting a semicolon;
and
(D) by adding at the end the following new
clauses:
``(v) employment and training
programs administered by the Social
Security Administration, including the
Ticket to Work program (established by
Public Law 106-170);
``(vi) programs under part D of title
IV of the Social Security Act (42
U.S.C. 451 et seq.) (relating to child
support enforcement); and
``(vii) programs carried out in the
local area for individuals with
disabilities, including programs
carried out by State agencies relating
to mental health, mental retardation,
and developmental disabilities, State
Medicaid agencies, State Independent
Living Councils, and Independent Living
Centers.''.
Page 24, strike lines 2 and 3 and insert the following:
Section 123 is amended to read as follows:
``SEC. 123. ELIGIBLE PROVIDERS OF YOUTH ACTIVITIES.
``(a) In General.--From the funds allocated under section
128(b) to a local area, the local board for such area shall
award grants or contracts on a competitive basis to providers
of youth activities identified based on the criteria in the
State plan and shall conduct oversight with respect to such
providers.
``(b) Exceptions.--A local board may award grants or
contracts on a sole-source basis if such board determines there
are an insufficient number of eligible providers of training
services in the local area involved (such as rural areas) for
grants to be awarded on a competitive basis under subsection
(a).
Page 25, line 10, strike ``(C) states.--'' and all that
follows through page 26, line 9, and insert the following:
``(C) States.--
``(i) In general.--Of the remainder
of the amount appropriated under
section 137(a) for a fiscal year that
is available after determining the
amounts to be reserved under
subparagraphs (A) and (B), the
Secretary shall allot--
``(I) the amount of the
remainder that is less than or
equal to the total amount that
was allotted to States for
fiscal year 2003 under section
127(b)(1)(C) of this Act (as in
effect on the day before the
date of enactment of the
Workforce Reinvestment and
Adult Education Act of 2003) in
accordance with the
requirements of such section
127(b)(1)(C); and
``(II) the amount of the
remainder, if any, in excess of
the amount referred to in
subclause (I) in accordance
with clause (ii).
``(ii) Formulas for excess funds.--
Subject to clauses (iii) and (iv), of
the amounts described in clause
(i)(II)--
``(I) 33 and \1/3\ percent
shall be allotted on the basis
of the relative number of
individuals in the civilian
labor force who are ages 16-19
in each State, compared to the
total number of individuals in
the civilian labor force who
are ages 16-19 in all States;
``(II) 33 and \1/3\ percent
shall be allotted on the basis
of the relative number of
unemployed individuals in each
State, compared to the total
number of unemployed
individuals in all States;
and''; and
Page 26, line 13, strike ``the'' and insert ``each''.
Page 28, strike lines 1 through 10.
Page 28, line 11, strike ``formula'' and insert ``formulas''.
Page 28, strike lines 17 through 21.
Page 31, strike lines 14 through page 32, line 2, and insert
the following:
``(i) 33 and \1/3\ percent shall be
allotted on the basis of the relative
number of individuals in the civilian
labor force who are ages 16-19 in each
local area, compared to the total
number of individuals in the civilian
labor force who are ages 16-19 in all
local areas in the State;
``(ii) 33 and \1/3\ percent shall be
allotted on the basis of the relative
number of unemployed individuals in
each local area, compared to the total
number of unemployed individuals in all
local areas in the State; and;'' and
Page 33, strike lines 7 through 10, and insert the following:
``(ii) Disadvantaged youth.--The term
`disadvantaged youth' means an
individual who is age 16 through 21 who
received an income, or is a member of a
family that received a total family
income, that, in relation to family
size, does not exceed the poverty
line.''.
Page 36, line 11, insert ``who are deficient in basic
skills'' after ``disabilities)''.
Page 44, line 1, strike ``(b) Allotment'' and all that
follows through page 47, line 14 and insert the following:
``(b) Allotment Among States for Adult Employment and
Training Activities.--
``(1) Reservation for outlying areas.--From the
amount made available under subsection (a)(2) for a
fiscal year, the Secretary shall reserve not more than
\1/4\ of 1 percent to provide assistance to outlying
areas to carry out employment and training activities
for adults and statewide workforce investment
activities.
``(2) States.--Subject to paragraph (5), of the
remainder of the amount referred to under subsection
(a)(2) for a fiscal year that is available after
determining the amount to be reserved under paragraph
(1), the Secretary shall allot to the States for
employment and training activities for adults and for
statewide workforce investment activities--
``(A) 26 percent in accordance with paragraph
(3); and
``(B) 74 percent in accordance with paragraph
(4)
``(3) Base formula.--
``(A) Fiscal year 2004.--
``(i) In general.--Subject to clause
(ii), the amount referred to in
paragraph (2)(A) shall be allotted for
fiscal year 2004 on the basis of
allotment percentage of each State
under section 6 of the Wagner-Peyser
Act for fiscal year 2003.
``(ii) Excess amounts.--If the amount
referred to in paragraph (2)(A) for
fiscal year 2004 exceeds the amount
that was available for allotment to the
States under the Wagner-Peyser Act for
fiscal year 2003, such excess amount
shall be allotted on the basis of the
relative number of individuals in the
civilian labor force in each State,
compared to the total number of
individuals in the civilian labor force
in all States, adjusted to ensure that
no State receives less than \3/10\ of
one percent of such excess amount.
``(iii) Definition.--For purposes of
this subparagraph, the term `allotment
percentage' means the percentage of the
amounts allotted to States under
section 6 of the Wagner-Peyser Act that
is received by the State involved for
fiscal year 2003.
``(B) Fiscal years 2005 and thereafter.--
``(i) In general.--Subject to
clause(ii), the amount referred to in
paragraph(2)(A) shall be allotted for
fiscal year 2005 and each fiscal year
thereafter on the basis of the
allotment percentage of each State
under this paragraph for the preceding
fiscal year.
``(ii) Excess amounts.--If the amount
referred to in paragraph (2)(A) for
fiscal year 2005 or any fiscal year
thereafter exceeds the amount that was
available for allotment under this
paragraph for the prior fiscal year,
such excess amount shall be allotted on
the basis of the relative number of
individuals in the civilian labor force
in each State, compared to the total
number of individuals in the civilian
labor force in all States, adjusted to
ensure that no State receives less than
\3/10\ of one percent of such excess
amount.
``(iii) Definition.--For purposes of
this subparagraph, the term `allotment
percentage' means the percentage of the
amounts allotted to States under this
paragraph in a fiscal year that is
received by the State involved for such
fiscal year.
``(4) Consolidated formula.--
``(A) In general.--Subject to subparagraphs
(B) and (C), of the amount referred to in
paragraph (2)(B)--
``(i) 60 percent shall be allotted on
the basis of the relative number of
unemployed individuals in each State,
compared to the total number of
unemployed individuals in all States;
``(ii) 25 percent shall be allotted
on the basis of the relative excess
number of unemployed individuals in
each State, compared to the total
excess number of unemployed individuals
in all States; and
``(iii) 15 percent shall be allotted
on the basis of the relative number of
disadvantaged adults in each State,
compared to the total number of
disadvantaged adults in all States.
``(B) Minimum and maximum percentages.--
``(i) Minimum percentage.--The
Secretary shall ensure that no State
shall receive an allotment under this
paragraph for a fiscal year that is
less than 90 percent of the allotment
percentage of the State under this
paragraph for the preceding fiscal
year.
``(ii) Maximum percentage.--Subject
to clause (i), the Secretary shall
ensure that no State shall receive an
allotment for a fiscal year under this
paragraph that is more than 130 percent
of the allotment of the State under
this paragraph for the preceding fiscal
year.
``(C) Small state minimum allotment.--Subject
to subparagraph (B), the Secretary shall ensure
that no State shall receive an allotment under
this paragraph that is less than \2/10\ of 1
percent of the amount available under
subparagraph (A).
``(D) Definitions.--For the purposes of this
paragraph:
``(i) Allotment percentage.--The term
`allotment percentage', used with
respect to fiscal year 2004 or a
subsequent fiscal year, means a
percentage of the amounts described in
paragraph (2)(B) that is received
through an allotment made under this
paragraph for the fiscal year. The
term, with respect to fiscal year 2003,
means the percentage of the amounts
allotted to States under this chapter
(as in effect on the day before the
date of enactment of the Workforce
Reinvestment and Adult Education Act of
2003) and under reemployment service
grants received by the State involved
for fiscal year 2003.
``(ii) Disadvantaged adult.--The term
`disadvantaged adult' means an
individual who is age 22 through 72 who
received an income, or is a member of a
family that received a total family
income, that, in relation to family
size, does not exceed the poverty line.
``(iii) Excess number.--The term
`excess number' means, used with
respect to the excess number of
unemployed individuals within a State,
the number that represents the number
of unemployed individuals in excess of
4 and \1/2\ percent of the civilian
labor force in the State.
``(5) Adjustments in allotments based on differences
with unconsolidated formulas.--
``(A) In general.--The Secretary shall ensure
that for any fiscal year no State has an
allotment difference, as defined in
subparagraph (C), that is less than zero. The
Secretary shall adjust the amounts allotted to
the States under this subsection in accordance
with subparagraph (B) if necessary to carry out
this subparagraph..
``(B) Adjustments in allotments.--
``(i) Redistribution of excess
amounts.--
``(I) In general.--If
necessary to carry out
subparagraph (A), the Secretary
shall reduce the amounts that
would be allotted under
paragraphs (3) and (4) to
States that have an excess
allotment difference, as
defined in subclause (II), by
the amount of such excess, and
use such amounts to increase
the allotments to States that
have an allotment difference
less than zero.
``(II) Excess amounts.--For
purposes of subclause (I), the
term `excess' allotment
difference means an allotment
difference for a State that
is--
``(aa) in excess of 3
percent of the amount
described in
subparagraph
(C)(i)(II); or
``(bb) in excess of a
percentage established
by the Secretary that
is greater than 3
percent of the amount
described in
subparagraph (C)(i)(II)
if the Secretary
determines that such
greater percentage is
sufficient to carry out
subparagraph (A).
``(ii) Use of amounts available under
national reserve account.--If the funds
available under clause (i) are
insufficient to carry out subparagraph
(A), the Secretary shall use funds
reserved under section 132(a) in such
amounts as are necessary to increase
the allotments to States to meet the
requirements of subparagraph (A). Such
funds shall be used in the same manner
as the States use the other funds
allotted under this subsection.
``(C) Definition of allotment difference.--
``(i) In general.--For purposes of
this paragraph, the term `allotment
difference' means the difference
between--
``(I) the total amount a
State would receive of the
amounts available for allotment
under subsection (b)(2) for a
fiscal year pursuant to
paragraphs (3) and (4); and
``(II) the total amount the
State would receive of the
amounts available for allotment
under subsection (b)(2) for the
fiscal year if such amounts
were allotted pursuant to the
unconsolidated formulas
(applied as described in clause
(iii)) that were used in
allotting funds for fiscal year
2003.
``(ii) Unconsolidated formulas.--For
purposes of clause (i), the
unconsolidated formulas are:
``(I) The requirements for
the allotment of funds to the
States contained in section
132(b)(1)(B) of this Act (as in
effect on the day before the
date of enactment of the
Workforce Reinvestment and
Adult Education Act of 2003)
that were applicable to the
allotment of funds under such
section for fiscal year 2003.
``(II) The requirements for
the allotment of funds to the
States contained in section
132(b)(2)(B) of this Act (as in
effect on the day before the
date of enactment of the
Workforce Reinvestment and
Adult Education Act of 2003)
that were applicable to the
allotment of funds under such
section for fiscal year 2003.
``(III) The requirements for
the allotment of funds to the
States that were contained in
section 6 of the Wagner-Peyser
Act (as in effect on the day
before the date of enactment of
the Workforce Reinvestment and
Adult Education Act of 2003)
that were applicable to the
allotment of funds under such
Act for fiscal year 2003.
``(IV) The requirements for
the allotment of funds to the
States that were established by
the Secretary for Reemployment
Services Grants that were
applicable to the allotment of
funds for such grants for
fiscal year 2003.
``(iii) Proportionate application of
unconsolidated formulas based on fiscal
year 2003.--In calculating the amount
under clause (i)(II), each of the
unconsolidated formulas identified in
clause (ii) shall be applied,
respectively, only to the proportionate
share of the total amount of funds
available for allotment under
subsection (b)(2) for a fiscal year
that is equal to the proportionate
share to which each of the
unconsolidated formulas applied with
respect to the total amount of funds
allotted to the States under all of the
unconsolidated formulas in fiscal year
2003.
``(iv) Rule of construction.--The
amounts used to adjust the allotments
to a State under subparagraph (B) for a
fiscal year shall not be included in
the calculation of the amounts under
clause (i) for a subsequent fiscal
year, including the calculation of
allocation percentages for a preceding
fiscal year applicable to paragraphs
(3) and (4) and to the unconsolidated
formulas described in clause (ii).''.
Page 50, line 1, strike ``15 percent'' and insert ``25
percent''.
Page 50, line 5, insert ``and'' after the semicolon;
Page 50, strike lines 6 through 11.
Page 50, line 12, strike ``(iv) 10 percent'' and insert
``(iii) 15 percent''.
Page 61, line 3, strike ``and''.
Page 61, line 5, insert ``and'' after ``employers;''.
Page 61, after line 5, insert the following:
``(iii) reemployment services
provided to unemployment claimants.''.
Page 77, line 22, strike ``$1,001,000,000'' and insert
``$1,250,000,000''.
Page 80, strike lines 4 through 14 (and redesignate
subsection (b) and (c) of section 116 as subsections (a) and
(b) respectively).
Page 80, after line 22, insert the following:
(d) Migrant and Seasonal Farmworker Programs.--Section 167(d)
is amended by inserting ``(including permanent housing)'' after
``housing''.
Page 91, line 20, strike ``recipients'' and insert ``a
recipient''.
Page 108, beginning at line 24, strike ``the English language
and math, and English language acquisition'' and insert ``the
English language and basic math,''.
Page 126, line 25, strike ``Definition of Criminal
Offender.--'' and insert ``Definitions.--''.
Page 128, line 7, strike ``, including essential workplace
skills''.
Page 128, line 12, strike ``family'' and insert ``Family''.
Page 129, line 16, strike the period and insert a semicolon.
Page 129, line 17, strike ``whether or not''.
Page 129, line 24; page 130, lines 1, 4, 8, 10, 17, and 22;
and page 131, lines 3, 10, and 14, strike the term ``whether''
each place such term appears.
Page 130, line 5, insert ``when appropriate and
scientifically based,'' after ``real-life contexts,''.
Page 131, line 15, strike ``is of'' and insert ``are of''.
Page 131, after line 18, insert the following:
``(e) Special Rule.--Eligible providers may use grant funds
under this title to serve children participating in family
literacy programs assisted under this part, provided that other
sources of funds available to provide similar services for such
children are used first.
Page 140, strike lines 8 through 15 and insert the following:
(a) In General.--There is established the National Institute
for Literacy. The Institute shall be administered, in
accordance with this part, under the supervision and direction
of a Director. There shall be an agreement between an
Interagency Group (comprised of the Secretary of Education, the
Secretary of Labor, and the Secretary of Health and Human
Services) and the Institute on how the purposes of the
Institute may be achieved effectively. Such agreement--
(1) shall be regularly reviewed, and modified as
needed to remain current with any changes in the
purposes of the Institute; and
(2) shall be updated no later than 1 year after the
enactment of this part.
Page 140, lines 17 through 19, strike ``The Board
(established under section 216 of this part), in consultation
with the Secretary of Education,'' and insert ``The Interagency
Group''.
Page 140, line 23, insert ``If a vacancy in the position of
the Director of the Institute occurs, the Interagency Group
shall appoint an Interim Director until such time as a new
Director can be appointed.'' after ``and adults.''.
Page 141, lines 5 and 6, strike ``, if approved by the
Board,''.
Page 141, beginning at line 8, strike all of section 213 and
insert the following:
SEC. 213. ADMINISTRATION.
(a) In General.--The Director of the Institute shall be
responsible for administering the Institute. The Director of
the Institute shall--
(1) provide leadership for the Institute, consistent
with the purposes described in section 211(b);
(2) supervise all employees in the Institute;
(3) assign responsibility to carry out the duties of
the Institute among officers ad employees, and offices
of the Institute;
(4) prepare requests for appropriations for the
Institute and submit those requests to the Interagency
Group;
(5) oversee the expenditure of all funds allocated
for the Institute to carry out the purposes under
section 211(b); and
(6) ensure that the Institute's standards for
research quality are consistent with those promulgated
by the Institute for Education Sciences.
(b) Offices.--The Institute shall have separate offices from
the Department of Education, the Department of Labor, and the
Department of Health and Human Services, and shall have maximum
flexibility in its operations to carry out the purposes of the
Institute.
(c) Administrative Support.--The Secretary of Education shall
provide administrative support for the Institute, including the
administration of grants, contracts and cooperative agreements,
personnel, legal counsel, and payroll.
Page 144, line 5, insert ``Director of the'' before
``Institute''.
Page 144, line 17, strike ``, when requested, policy and''.
Page 145, after line 23, insert the following (and make such
conforming changes as are necessary):
(8) develop an Internet site that provides useful
information to educators and the public on reading
literacy that is consistent with the purposes described
in section 211(b).
Page 146, lines 14 through 17, strike ``The Institute, in
consultation with the Board, may award fellowships, with such
stipends and allowances as the Director of the Institute
considers necessary,'' and insert ``The Director of the
Institute may award fellowships, with such stipends and
allowances as necessary,''.
Page 147, lines 3 and 4, strike ``The Institute, in
consultation with the Board,'' and insert ``The Director of the
Institute''.
Page 148, line 16, strike ``work closely with'' and insert
``provide advice to''.
Page 148, strike lines 20 through 24 (and make such
conforming changes as are necessary).
Page 150, lines 10 and 11, strike ``The Board, in
consultation with the Director of the Institute,'' and insert
``The Director of the Institute''.
Page 151, line 18, strike ``Labor and Human Resources'' and
insert ``Health, Education, Labor, and Pensions''.
Page 152, after line 12, insert the following (and make such
conforming changes as are necessary):
(3) the term ``Interagency Group'' means the
Secretary of Education, the Secretary of Labor, and the
Secretary of Health and Human Services;
(4) the term ``literacy'' means the ability to read,
write, and speak the English language with competence,
knowledge, and comprehension; and
Page 153, line 4, insert ``the administration of'' after
``such amounts for''.
Page 153, after line 12, insert the following:
PART C--GENERAL PROVISIONS
SEC. 241. TRANSITION.
The Secretary shall take such actions as the Secretary
determines to be appropriate to provide for the orderly
implementation of this title.
----------
2. An Amendment To Be Offered by Representative Allen of Maine, or His
Designee, Debatable for 10 Minutes
Page 13, line 7, insert ``, administrators of entities
providing adult education and literacy activities,'' after
``school systems''.
----------
3. An Amendment To Be Offered by Representative Vitter of Louisiana, or
His Designee, Debatable for 10 Minutes
Page 18, line 5, insert ``, and how the centers ensure that
such providers meet the employment needs of local employers and
participants'' after ``partners''.
Page 21, line 18, insert ``how the centers ensure that such
providers meet the needs of local employers and participants,''
after ``providers,''.
----------
4. An Amendment To Be Offered by Representative Kline of Minnesota, or
His Designee, Debatable for 10 Minutes
Page 18, line 18, strike ``subsection (b)'' and insert
``subsection (b)(1)(B) and participating additional partner
programs described in (b)(2)(B)''.
Page 18, strike lines 21 through 25 and insert the following:
``(B) Determination of governor.--Subject to
subparagraph (C), the Governor, in consultation
with the State board, shall determine the
portion of funds to be provided under
subparagraph (A) by each one-stop partner and
in making such determination shall consider the
proportionate use of the one-stop centers by
each partner, the costs of administration for
purposes not related to one-stop centers for
each partner, and other relevant factors
described in paragraph (3).
``(C) Limitations.--
``(i) Provision from administrative
funds.--The funds provided under this
paragraph by each one-stop partner
shall be provided only from funds
available for the costs of
administration under the program
administered by such partner, and shall
be subject to the limitations with
respect to the portion of funds under
such programs that may be used for
administration.
``(ii) Federal direct spending
programs.--Programs that are Federal
direct spending under section 250(c)(8)
of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C.
900(c)(8)) shall not, for purposes of
this paragraph, be required to provide
an amount in excess of the amount
determined to be equivalent to the
proportionate use of the one-stop
centers by such programs in the
State.''.
Page 19, line 3, insert ``in accordance with the formula
established under paragraph (3)'' after ``local area''.
Page 20, line 2, strike ``subsection (b)'' and insert
``subsection (b)(1)(B) and participating partner programs
described in subsection (b)(2)(B), or the noncash resources
available under such programs''.
----------
5. An Amendment To Be Offered by Representative Lewis of Georgia, or
His Designee, Debatable for 10 Minutes
Page 36, line 4, strike ``21'' and insert ``24''.
----------
6. An Amendment To Be Offered by Representative Hastings of Florida, or
His Designee, Debatable for 10 Minutes
Page 49, line 10, strike ``80 percent'' and insert ``85
percent''.
Page 49, line 13, strike ``20 percent'' and insert ``15
percent''.
----------
7. An Amendment To Be Offered by Representative Millender-McDonald of
California, or Her Designee, Debatable for 10 Minutes
Page 65, line 14, insert ``, including single parents,
displaced homemakers, and pregnant single women,'' after
``individuals''.
----------
8. An Amendment To Be Offered by Representative Kaptur of Ohio, or Her
Designee, Debatable for 10 Minutes
Page 86, line 20, insert ``assistance regarding accounting
and program operation practices (when such assistance would not
be duplicative to assistance provided by the State),'' after
``this title,''.
Page 87, line 2, strike the period and insert ``; and''
Page 87, after line 2, insert the following:
(5) by inserting, after subsection (c) (as
redesignated by paragraph (3)), the following:
``(d) Best Practices Coordination.--The Secretary shall
establish a system whereby States may share information
regarding best practices with regards to the operation of
workforce investment activities under this Act.''