[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.''