H.Amdt. 117House108th Congress (2003-2005)

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 section
Submitted May 8, 2003

Description

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

Replaces text in 24 placesStrikes text in 10 placesInserts text in 12 placesAdds a section

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.

  1. Change 1: Rewrites page 6, lines 18–21

    ReplacesPrinted page

    Removes 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:

  2. Change 2: Replaces “(a) One-stop Partners.--” through page 16, line 12 with new text

    ReplacesPage 15, line 14 through page 16, line 12Printed page

    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 paragraphs

    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:

  3. Change 3: Rewrites page 24, lines 2–3

    ReplacesPrinted page

    Removes 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:

  4. Change 4: Replaces “(C) states.--” through page 26, line 9 with new text

    ReplacesPage 25, line 10 through page 26, line 9Printed page

    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:

  5. Change 5: Replaces “the” with “each”

    ReplacesPage 26, line 13Printed page

    [struck: the][inserted: each]

    Original wording

    Page 26, line 13, strike “the” and insert “each”.

  6. Change 6: Strikes page 28, lines 1–10

    Removes page 28, lines 1–10 of the printed bill. See that page

    Original wording

    Page 28, strike lines 1 through 10.

  7. Change 7: Replaces “formula” with “formulas”

    ReplacesPage 28, line 11Printed page

    [struck: formula][inserted: formulas]

    Original wording

    Page 28, line 11, strike “formula” and insert “formulas”.

  8. Change 8: Strikes page 28, lines 17–21

    Removes page 28, lines 17–21 of the printed bill. See that page

    Original wording

    Page 28, strike lines 17 through 21.

  9. Change 9: Rewrites page 33, lines 7–10

    ReplacesPrinted page

    Removes 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:

  10. Change 10: Inserts “who are deficient in basic skills” after “disabilities)”

    InsertsPage 36, line 11Printed page

    …disabilities)[inserted: who are deficient in basic skills]…

    Original wording

    Page 36, line 11, insert “who are deficient in basic skills” after “disabilities)”.

  11. Change 11: Replaces “(b) Allotment” through page 47, line 14 with new text

    ReplacesPage 44, line 1 through page 47, line 14Printed page

    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 paragraphs

    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:

  12. Change 12: Replaces “15 percent” with “25 percent”

    ReplacesPage 50, line 1Printed page

    [struck: 15 percent][inserted: 25 percent]

    Original wording

    Page 50, line 1, strike “15 percent” and insert “25 percent”.

  13. Change 13: Inserts “and” after the semicolon

    InsertsPage 50, line 5Printed page

    Inserted: and

    Original wording

    Page 50, line 5, insert “and” after the semicolon;

  14. Change 14: Strikes page 50, lines 6–11

    Removes page 50, lines 6–11 of the printed bill. See that page

    Original wording

    Page 50, strike lines 6 through 11.

  15. Change 15: Replaces “(iv) 10 percent” with “(iii) 15 percent”

    ReplacesPage 50, line 12Printed page

    [struck: (iv) 10 percent][inserted: (iii) 15 percent]

    Original wording

    Page 50, line 12, strike “(iv) 10 percent” and insert “(iii) 15 percent”.

  16. Change 16: Strikes “and”

    StrikesPage 61, line 3Printed page

    Struck: and

    Original wording

    Page 61, line 3, strike “and”.

  17. Change 17: Inserts “and” after “employers;”

    InsertsPage 61, line 5Printed page

    …employers;[inserted: and]…

    Original wording

    Page 61, line 5, insert “and” after “employers;”.

  18. Change 18: Inserts new text on page 61, line 5

    Inserted: (iii) reemployment services provided to unemployment claimants.

    Original wording

    Page 61, after line 5, insert the following:

  19. Change 19: Replaces “$1,001,000,000” with “$1,250,000,000”

    ReplacesPage 77, line 22Printed page

    [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”.

  20. Change 20: Strikes page 80, lines 4–14

    Removes page 80, lines 4–14 of the printed bill. See that page

    Original wording

    Page 80, strike lines 4 through 14

  21. Change 21: Inserts new text on page 80, line 22

    Inserted: (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:

  22. Change 22: Replaces “recipients” with “a recipient”

    ReplacesPage 91, line 20Printed page

    [struck: recipients][inserted: a recipient]

    Original wording

    Page 91, line 20, strike “recipients” and insert “a recipient”.

  23. Change 23: Replaces “the English language and math, and English language acquisition” with “the English language and basic math,”

    ReplacesPage 108, line 24Printed page

    [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,”.

  24. Change 24: Replaces “Definition of Criminal Offender.--” with “Definitions.--”

    ReplacesPage 126, line 25Printed page

    [struck: Definition of Criminal Offender.--][inserted: Definitions.--]

    Original wording

    Page 126, line 25, strike “Definition of Criminal Offender.--” and insert “Definitions.--”.

  25. Change 25: Strikes “, including essential workplace skills”

    StrikesPage 128, line 7Printed page

    Struck: , including essential workplace skills

    Original wording

    Page 128, line 7, strike “, including essential workplace skills”.

  26. Change 26: Replaces “family” with “Family”

    ReplacesPage 128, line 12Printed page

    [struck: family][inserted: Family]

    Original wording

    Page 128, line 12, strike “family” and insert “Family”.

  27. 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.

  28. Change 28: Strikes “whether or not”

    StrikesPage 129, line 17Printed page

    Struck: whether or not

    Original wording

    Page 129, line 17, strike “whether or not”.

  29. Change 29: Inserts “when appropriate and scientifically based,” after “real-life contexts,”

    InsertsPage 130, line 5Printed page

    …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,”.

  30. Change 30: Replaces “is of” with “are of”

    ReplacesPage 131, line 15Printed page

    [struck: is of][inserted: are of]

    Original wording

    Page 131, line 15, strike “is of” and insert “are of”.

  31. Change 31: Inserts new text on page 131, line 18

    Inserted: (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:

  32. Change 32: Rewrites page 140, lines 8–15

    ReplacesPrinted page

    Removes 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:

  33. Change 33: Replaces “The Board (established under section 216 of this part), in consultation with the Secretar…” with “The Interagency Group”

    ReplacesPage 140, lines 17–19Printed page

    [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”.

  34. Change 34: Inserts “If a vacancy in the position of the Director of the Institute occurs, the Interagency Gro…” after “and adults.”

    InsertsPage 140, line 23Printed page

    …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.”.

  35. Change 35: Strikes “, if approved by the Board,”

    StrikesPage 141, lines 5–6Printed page

    Struck: , if approved by the Board,

    Original wording

    Page 141, lines 5 and 6, strike “, if approved by the Board,”.

  36. Change 36: Inserts “Director of the” before “Institute”

    InsertsPage 144, line 5Printed page

    …[inserted: Director of the ]Institute…

    Original wording

    Page 144, line 5, insert “Director of the” before “Institute”.

  37. Change 37: Strikes “, when requested, policy and”

    StrikesPage 144, line 17Printed page

    Struck: , when requested, policy and

    Original wording

    Page 144, line 17, strike “, when requested, policy and”.

  38. Change 38: Inserts new text on page 145, line 23

    Inserted: (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):

  39. 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…”

    ReplacesPage 146, lines 14–17Printed page

    [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,”.

  40. Change 40: Replaces “The Institute, in consultation with the Board,” with “The Director of the Institute”

    ReplacesPage 147, lines 3–4Printed page

    [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”.

  41. Change 41: Replaces “work closely with” with “provide advice to”

    ReplacesPage 148, line 16Printed page

    [struck: work closely with][inserted: provide advice to]

    Original wording

    Page 148, line 16, strike “work closely with” and insert “provide advice to”.

  42. Change 42: Strikes page 148, lines 20–24

    Removes page 148, lines 20–24 of the printed bill. See that page

    Original wording

    Page 148, strike lines 20 through 24

  43. Change 43: Replaces “The Board, in consultation with the Director of the Institute,” with “The Director of the Institute”

    ReplacesPage 150, lines 10–11Printed page

    [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”.

  44. Change 44: Replaces “Labor and Human Resources” with “Health, Education, Labor, and Pensions”

    ReplacesPage 151, line 18Printed page

    [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”.

  45. Change 45: Inserts new text on page 152, line 12

    Inserted: (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):

  46. Change 46: Inserts “the administration of” after “such amounts for”

    InsertsPage 153, line 4Printed page

    …such amounts for[inserted: the administration of]…

    Original wording

    Page 153, line 4, insert “the administration of” after “such amounts for”.

  47. Change 47: Adds PART C--GENERAL PROVISIONS on page 153, line 12

    Adds a sectionPrinted page

    Inserted: 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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Floor

House amendment offered

May 8, 2003

Floor

House amendment agreed to: On agreeing to the McKeon amendment (A001) Agreed to by voice vote.

May 8, 2003 • 1:30 PM

Not Used

Amendment agreed to Committee of the Whole

May 8, 2003 • 1:30 PM

Not Used

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

Floor

Amendment (A001) offered by Mr. McKeon. (consideration: CR H3806-3809; text: CR H3806-3808)

May 8, 2003 • 1:24 PM

Floor

On agreeing to the McKeon amendment (A001) Agreed to by voice vote.

May 8, 2003 • 1:30 PM