An amendment numbered 1 printed in House Report 108-92 to make numerous technical and clarifying changes.
What it does: 47 changes: replaces text in 24 places, strikes text in 10 places, inserts text in 12 places, adds a sectionDescription
Amendment clarifies that the state unit that serves the most individuals with disabilities will serve on the workforce investment board; makes Temporary Assistance for Needy Families (TANF) a mandatory partner in the one-stop career center system unless the Governor objects to the Secretaries of Labor and Health and Human Services; reinstates the requirement that youth providers be selected by competitive process; clarifies that state- recognized tribes may continue to participate in the Workforce Investment Act (WIA) program for Native Americans; and specifies that the National Institute for Literacy is under the direction of an Interagency Group, composed of the Secretaries of Education, Labor, and Health and Human Services.
What it changes
47 changes to H.R. 1261
We couldn't match these changes to the text of H.R. 1261, so they're shown as written.
We couldn't read part of this amendment. That part is shown as written below.
Change 1: Rewrites page 6, lines 18–21
ReplacesPrinted pageRemoves page 6, lines 18–21 of the printed bill. See that page
Inserted: (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;
Original wording
Page 6, strike lines 18 through 21 and insert the following:
Change 2: Replaces “(a) One-stop Partners.--” through page 16, line 12 with new text
Struck: (a) One-stop Partners.-- …
Inserted: (a) One-Stop Partners.--
Inserted: (1) Required partners.--Section 121(b)(1) (29 U.S.C. 2841(b)(1)) is amended--
Inserted: (A) in subparagraph (B)--
Inserted: (i) by striking clauses (ii) and (v)
Inserted: (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;
Inserted: (iii) in clause (ix) (as so redesignated), by striking "and";
Inserted: (iv) in clause (x) (as so redesignated), by striking the period and inserting "; and"; and
Inserted: (v) by inserting after clause (x)(as so redesignated) the following:
Inserted: "(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
Inserted: (B) by adding after subparagraph (B) the following:
Inserted: "(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.".
Inserted: (2) Additional partners.--Section 121(b)(2)(B) (29 U.S.C. 2841(b)(2)(B)) is amended--
Show 7 more inserted paragraphsShow less
Inserted: (A) by striking clause (i) and redesignating clauses (ii) through (v) as clauses (i) through (iv) respectively;
Inserted: (B) in clause (iii) (as so redesignated) by striking "and" at the end;
Inserted: (C) in clause (iv) (as so redesignated) by striking the period and inserting a semicolon; and
Inserted: (D) by adding at the end the following new clauses:
Inserted: "(v) employment and training programs administered by the Social Security Administration, including the Ticket to Work program (established by Public Law 106-170);
Inserted: "(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
Inserted: "(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.".
Original wording
Page 15, line 14, strike “(a) One-stop Partners.--” and all that follows through page 16, line 12, and insert the following:
Change 3: Rewrites page 24, lines 2–3
ReplacesPrinted pageRemoves page 24, lines 2–3 of the printed bill. See that page
Inserted: Section 123 is amended to read as follows:
Inserted: "SEC. 123. ELIGIBLE PROVIDERS OF YOUTH ACTIVITIES.
Inserted: "(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.
Inserted: "(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).
Original wording
Page 24, strike lines 2 and 3 and insert the following:
Change 4: Replaces “(C) states.--” through page 26, line 9 with new text
Struck: (C) states.-- …
Inserted: (C) States.--
Inserted: (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--
Inserted: (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
Inserted: (II) the amount of the remainder, if any, in excess of the amount referred to in subclause (I) in accordance with clause (ii).
Inserted: (ii) Formulas for excess funds.--Subject to clauses (iii) and (iv), of the amounts described in clause (i)(II)--
Inserted: (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;
Inserted: (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
Original wording
Page 25, line 10, strike “(C) states.--” and all that follows through page 26, line 9, and insert the following:
Change 5: Replaces “the” with “each”
[struck: the][inserted: each]Original wording
Page 26, line 13, strike “the” and insert “each”.
Change 6: Strikes page 28, lines 1–10
StrikesPrinted pageRemoves page 28, lines 1–10 of the printed bill. See that page
Original wording
Page 28, strike lines 1 through 10.
Change 7: Replaces “formula” with “formulas”
[struck: formula][inserted: formulas]Original wording
Page 28, line 11, strike “formula” and insert “formulas”.
Change 8: Strikes page 28, lines 17–21
StrikesPrinted pageRemoves page 28, lines 17–21 of the printed bill. See that page
Original wording
Page 28, strike lines 17 through 21.
Change 9: Rewrites page 33, lines 7–10
ReplacesPrinted pageRemoves page 33, lines 7–10 of the printed bill. See that page
Inserted: (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.
Original wording
Page 33, strike lines 7 through 10, and insert the following:
Change 10: Inserts “who are deficient in basic skills” after “disabilities)”
…disabilities)[inserted: who are deficient in basic skills]…
Original wording
Page 36, line 11, insert “who are deficient in basic skills” after “disabilities)”.
Change 11: Replaces “(b) Allotment” through page 47, line 14 with new text
Struck: (b) Allotment …
Inserted: (b) Allotment Among States for Adult Employment and Training Activities.--
Inserted: (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.
Inserted: (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--
Inserted: (A) 26 percent in accordance with paragraph (3); and
Inserted: (B) 74 percent in accordance with paragraph (4)
Inserted: (3) Base formula.--
Inserted: (A) Fiscal year 2004.--
Inserted: (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.
Inserted: (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.
Inserted: (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.
Inserted: (B) Fiscal years 2005 and thereafter.--
Inserted: (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.
Show 35 more inserted paragraphsShow less
Inserted: (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.
Inserted: (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.
Inserted: (4) Consolidated formula.--
Inserted: (A) In general.--Subject to subparagraphs (B) and (C), of the amount referred to in paragraph (2)(B)--
Inserted: (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;
Inserted: (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
Inserted: (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.
Inserted: (B) Minimum and maximum percentages.--
Inserted: (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.
Inserted: (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.
Inserted: (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).
Inserted: (D) Definitions.--For the purposes of this paragraph:
Inserted: (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.
Inserted: (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.
Inserted: (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.
Inserted: (5) Adjustments in allotments based on differences with unconsolidated formulas.--
Inserted: (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..
Inserted: (B) Adjustments in allotments.--
Inserted: (i) Redistribution of excess amounts.--
Inserted: (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.
Inserted: (II) Excess amounts.--For purposes of subclause (I), the term 'excess' allotment difference means an allotment difference for a State that is--
Inserted: (aa) in excess of 3 percent of the amount described in subparagraph (C)(i)(II); or
Inserted: (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).
Inserted: (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.
Inserted: (C) Definition of allotment difference.--
Inserted: (i) In general.--For purposes of this paragraph, the term 'allotment difference' means the difference between--
Inserted: (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
Inserted: (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.
Inserted: (ii) Unconsolidated formulas.--For purposes of clause (i), the unconsolidated formulas are:
Inserted: (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.
Inserted: (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.
Inserted: (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.
Inserted: (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.
Inserted: (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.
Inserted: (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).
Original wording
Page 44, line 1, strike “(b) Allotment” and all that follows through page 47, line 14 and insert the following:
Change 12: Replaces “15 percent” with “25 percent”
[struck: 15 percent][inserted: 25 percent]Original wording
Page 50, line 1, strike “15 percent” and insert “25 percent”.
Change 13: Inserts “and” after the semicolon
Inserted: and
Original wording
Page 50, line 5, insert “and” after the semicolon;
Change 14: Strikes page 50, lines 6–11
StrikesPrinted pageRemoves page 50, lines 6–11 of the printed bill. See that page
Original wording
Page 50, strike lines 6 through 11.
Change 15: Replaces “(iv) 10 percent” with “(iii) 15 percent”
[struck: (iv) 10 percent][inserted: (iii) 15 percent]Original wording
Page 50, line 12, strike “(iv) 10 percent” and insert “(iii) 15 percent”.
Change 16: Strikes “and”
Struck: and
Original wording
Page 61, line 3, strike “and”.
Change 17: Inserts “and” after “employers;”
…employers;[inserted: and]…
Original wording
Page 61, line 5, insert “and” after “employers;”.
Change 18: Inserts new text on page 61, line 5
InsertsPrinted pageInserted: (iii) reemployment services provided to unemployment claimants.
Original wording
Page 61, after line 5, insert the following:
Change 19: Replaces “$1,001,000,000” with “$1,250,000,000”
[struck: $1,001,000,000][inserted: $1,250,000,000]Original wording
Page 77, line 22, strike “$1,001,000,000” and insert “$1,250,000,000”.
Change 20: Strikes page 80, lines 4–14
StrikesPrinted pageRemoves page 80, lines 4–14 of the printed bill. See that page
Original wording
Page 80, strike lines 4 through 14
Change 21: Inserts new text on page 80, line 22
InsertsPrinted pageInserted: (d) Migrant and Seasonal Farmworker Programs.--Section 167(d) is amended by inserting "(including permanent housing)" after "housing".
Original wording
Page 80, after line 22, insert the following:
Change 22: Replaces “recipients” with “a recipient”
[struck: recipients][inserted: a recipient]Original wording
Page 91, line 20, strike “recipients” and insert “a recipient”.
Change 23: Replaces “the English language and math, and English language acquisition” with “the English language and basic math,”
[struck: the English language and math, and English language acquisition][inserted: the English language and basic math,]Original wording
Page 108, beginning at line 24, strike “the English language and math, and English language acquisition” and insert “the English language and basic math,”.
Change 24: Replaces “Definition of Criminal Offender.--” with “Definitions.--”
[struck: Definition of Criminal Offender.--][inserted: Definitions.--]Original wording
Page 126, line 25, strike “Definition of Criminal Offender.--” and insert “Definitions.--”.
Change 25: Strikes “, including essential workplace skills”
Struck: , including essential workplace skills
Original wording
Page 128, line 7, strike “, including essential workplace skills”.
Change 26: Replaces “family” with “Family”
[struck: family][inserted: Family]Original wording
Page 128, line 12, strike “family” and insert “Family”.
Change 27: Replaces the period on page 129, line 16 with new text
ReplacesPrinted page…
[struck: .]Original wording
Page 129, line 16, strike the period and insert a semicolon.
Change 28: Strikes “whether or not”
Struck: whether or not
Original wording
Page 129, line 17, strike “whether or not”.
Change 29: Inserts “when appropriate and scientifically based,” after “real-life contexts,”
…real-life contexts,[inserted: when appropriate and scientifically based,]…
Original wording
Page 130, line 5, insert “when appropriate and scientifically based,” after “real-life contexts,”.
Change 30: Replaces “is of” with “are of”
[struck: is of][inserted: are of]Original wording
Page 131, line 15, strike “is of” and insert “are of”.
Change 31: Inserts new text on page 131, line 18
InsertsPrinted pageInserted: (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.
Original wording
Page 131, after line 18, insert the following:
Change 32: Rewrites page 140, lines 8–15
ReplacesPrinted pageRemoves page 140, lines 8–15 of the printed bill. See that page
Inserted: (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--
Inserted: (1) shall be regularly reviewed, and modified as needed to remain current with any changes in the purposes of the Institute; and
Inserted: (2) shall be updated no later than 1 year after the enactment of this part.
Original wording
Page 140, strike lines 8 through 15 and insert the following:
Change 33: Replaces “The Board (established under section 216 of this part), in consultation with the Secretar…” with “The Interagency Group”
[struck: The Board (established under section 216 of this part), in consultation with the Secretary of Education,][inserted: The Interagency Group]Original wording
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”.
Change 34: Inserts “If a vacancy in the position of the Director of the Institute occurs, the Interagency Gro…” after “and adults.”
…and adults.[inserted: 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.]…
Original wording
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.”.
Change 35: Strikes “, if approved by the Board,”
Struck: , if approved by the Board,
Original wording
Page 141, lines 5 and 6, strike “, if approved by the Board,”.
Change 36: Inserts “Director of the” before “Institute”
…[inserted: Director of the ]Institute…
Original wording
Page 144, line 5, insert “Director of the” before “Institute”.
Change 37: Strikes “, when requested, policy and”
Struck: , when requested, policy and
Original wording
Page 144, line 17, strike “, when requested, policy and”.
Change 38: Inserts new text on page 145, line 23
InsertsPrinted pageInserted: (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).
Original wording
Page 145, after line 23, insert the following (and make such conforming changes as are necessary):
Change 39: Replaces “The Institute, in consultation with the Board, may award fellowships, with such stipends…” with “The Director of the Institute may award fellowships, with such stipends and allowances as…”
[struck: The Institute, in consultation with the Board, may award fellowships, with such stipends and allowances as the Director of the Institute considers necessary,][inserted: The Director of the Institute may award fellowships, with such stipends and allowances as necessary,]Original wording
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,”.
Change 40: Replaces “The Institute, in consultation with the Board,” with “The Director of the Institute”
[struck: The Institute, in consultation with the Board,][inserted: The Director of the Institute]Original wording
Page 147, lines 3 and 4, strike “The Institute, in consultation with the Board,” and insert “The Director of the Institute”.
Change 41: Replaces “work closely with” with “provide advice to”
[struck: work closely with][inserted: provide advice to]Original wording
Page 148, line 16, strike “work closely with” and insert “provide advice to”.
Change 42: Strikes page 148, lines 20–24
StrikesPrinted pageRemoves page 148, lines 20–24 of the printed bill. See that page
Original wording
Page 148, strike lines 20 through 24
Change 43: Replaces “The Board, in consultation with the Director of the Institute,” with “The Director of the Institute”
[struck: The Board, in consultation with the Director of the Institute,][inserted: The Director of the Institute]Original wording
Page 150, lines 10 and 11, strike “The Board, in consultation with the Director of the Institute,” and insert “The Director of the Institute”.
Change 44: Replaces “Labor and Human Resources” with “Health, Education, Labor, and Pensions”
[struck: Labor and Human Resources][inserted: Health, Education, Labor, and Pensions]Original wording
Page 151, line 18, strike “Labor and Human Resources” and insert “Health, Education, Labor, and Pensions”.
Change 45: Inserts new text on page 152, line 12
InsertsPrinted pageInserted: (3) the term "Interagency Group" means the Secretary of Education, the Secretary of Labor, and the Secretary of Health and Human Services;
Inserted: (4) the term "literacy" means the ability to read, write, and speak the English language with competence, knowledge, and comprehension; and
Original wording
Page 152, after line 12, insert the following (and make such conforming changes as are necessary):
Change 46: Inserts “the administration of” after “such amounts for”
…such amounts for[inserted: the administration of]…
Original wording
Page 153, line 4, insert “the administration of” after “such amounts for”.
Change 47: Adds PART C--GENERAL PROVISIONS on page 153, line 12
Adds a sectionPrinted pageInserted: PART C--GENERAL PROVISIONS
Inserted: SEC. 241. TRANSITION.
Inserted: The Secretary shall take such actions as the Secretary determines to be appropriate to provide for the orderly implementation of this title.
Original wording
Page 153, after line 12, insert the following:
Shown as written
Page 31, strike lines 14 through page 32, line 2, and insert the following:
(and redesignate subsection (b) and (c) of section 116 as subsections (a) and (b) respectively).
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 141, beginning at line 8, strike all of section 213 and insert the following:
(and make such conforming changes as are necessary).
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
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.
Legislative Activity
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House amendment offered
May 8, 2003
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House amendment offered
May 8, 2003
House amendment agreed to: On agreeing to the McKeon amendment (A001) Agreed to by voice vote.
May 8, 2003 • 1:30 PM
Amendment agreed to Committee of the Whole
May 8, 2003 • 1:30 PM
House amendment offered/reported by : Amendment (A001) offered by Mr. McKeon.(consideration: CR H3806-3809; text: CR H3806-3808)
May 8, 2003 • 1:24 PM
Amendment (A001) offered by Mr. McKeon. (consideration: CR H3806-3809; text: CR H3806-3808)
May 8, 2003 • 1:24 PM
On agreeing to the McKeon amendment (A001) Agreed to by voice vote.
May 8, 2003 • 1:30 PM