Home > 108th Congressional Bills > H.R. 1261 (rh) To enhance the workforce investment system of the Nation by [Reported in House] ...H.R. 1261 (rh) To enhance the workforce investment system of the Nation by [Reported in House] ...
108th CONGRESS
1st Session
H. R. 1261
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 9, 2003
Received; read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
AN ACT
To enhance the workforce investment system of the Nation by
strengthening one-stop career centers, providing for more effective
governance arrangements, promoting access to a more comprehensive array
of employment, training, and related services, establishing a targeted
approach to serving youth, and improving performance accountability,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Workforce Reinvestment and Adult
Education Act of 2003''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
TITLE I--AMENDMENTS TO TITLE I OF THE WORKFORCE INVESTMENT ACT OF 1998
Sec. 101. Definitions.
Sec. 102. Purpose.
Sec. 103. State workforce investment boards.
Sec. 104. State plan.
Sec. 105. Local workforce investment areas.
Sec. 106. Local workforce investment boards.
Sec. 107. Local plan.
Sec. 108. Establishment of one-stop delivery systems.
Sec. 109. Eligible providers of training services.
Sec. 110. Eligible providers of youth activities.
Sec. 111. Youth activities.
Sec. 112. Comprehensive program for adults.
Sec. 113. Performance accountability system.
Sec. 114. Authorization of appropriations.
Sec. 115. Job Corps.
Sec. 116. Native American programs.
Sec. 117. Youth challenge grants.
Sec. 118. Technical assistance.
Sec. 119. Demonstration, pilot, multiservice, research and multistate
projects.
Sec. 120. Evaluations.
Sec. 121. Authorization of appropriations for national activities.
Sec. 122. Requirements and restrictions.
Sec. 123. Nondiscrimination.
Sec. 124. Administrative provisions.
Sec. 125. General program requirements.
TITLE II--ADULT EDUCATION
Part A--Adult Basic Skills and Family Literacy Education
Sec. 201. Table of contents.
Sec. 202. Amendment.
Part B--National Institute for Literacy
Sec. 211. Short title; purpose.
Sec. 212. Establishment.
Sec. 213. Administration.
Sec. 214. Duties.
Sec. 215. Leadership in scientifically based reading instruction.
Sec. 216. National Institute for Literacy Advisory Board.
Sec. 217. Gifts, bequests, and devises.
Sec. 218. Mails.
Sec. 219. Applicability of certain civil service laws.
Sec. 220. Experts and consultants.
Sec. 221. Report.
Sec. 222. Definitions.
Sec. 223. Authorization of appropriations.
Sec. 224. Reservation.
Sec. 225. Authority to publish.
Part C--General Provisions
Sec. 241. Transition.
TITLE III--AMENDMENTS TO THE WAGNER-PEYSER ACT
Sec. 301. Amendments to the Wagner-Peyser Act.
TITLE IV--AMENDMENTS TO THE REHABILITATION ACT OF 1973
Sec. 401. Chairperson.
Sec. 402. Rehabilitation Services Administration.
Sec. 403. Director.
Sec. 404. State goals.
Sec. 405. Authorizations of appropriations.
Sec. 406. Helen Keller National Center Act.
TITLE V--TRANSITION AND EFFECTIVE DATE
Sec. 501. Transition provisions.
Sec. 502. Effective date.
SEC. 3. REFERENCES.
Except as otherwise expressly provided, wherever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the amendment or repeal shall be
considered to be made to a section or other provision of the Workforce
Investment Act of 1998 (20 U.S.C. 9201 et seq.).
TITLE I--AMENDMENTS TO TITLE I OF THE WORKFORCE INVESTMENT ACT OF 1998
SEC. 101. DEFINITIONS.
Section 101 (29 U.S.C. 2801) is amended--
(1) in paragraph (8)(C), by striking ``not less than 50
percent of the cost of the training'' and inserting ``a
significant portion of the cost of training, as determined by
the local board'';
(2) by striking paragraph (13) and redesignating paragraphs
(1) through (12) as paragraphs (2) through (13) respectively;
(3) by inserting the following new paragraph after ``In
this title:'':
``(1) Accrued expenditures.--The term `accrued
expenditures' includes the sum of actual cash disbursements for
direct charges for goods and services, the net increase or
decrease in the amounts owed by recipients, goods and other
property received for services performed by employees,
contractors, subgrantees, or other payees, and other amounts
becoming owned for which no current service or performance is
required.'';
(4) by striking paragraph (24) and redesignating paragraphs
(25) through (32) as paragraphs (24) through (31),
respectively;
(5) in paragraph (24) (as so redesignated)--
(A) in subparagraph (B), by striking ``higher of--
'' and all that follows through such subparagraph and
inserting ``poverty line for an equivalent period;'';
and
(B) by redesignating subparagraphs (D) through (F)
as subparagraph (E) through (G), respectively, and
inserting after subparagraph (C) the following:
``(D) receives or is eligible to receive free or
reduced price lunch;''; and
(6) by striking paragraph (33) and redesignating paragraphs
(34) through (53) as paragraphs (32) through (51),
respectively.
SEC. 102. PURPOSE.
Section 106 (29 U.S.C. 2811) is amended by inserting at the end the
following: ``It is also the purpose of this subtitle to provide
workforce investment activities in a manner that promotes the informed
choice of participants and actively involves participants in decisions
affecting their participation in such activities.''.
SEC. 103. STATE WORKFORCE INVESTMENT BOARDS.
(a) Membership.--
(1) In general.--Section 111(b) (29 U.S.C. 2821(b)) is
amended--
(A) by amending paragraph (1)(C) to read as
follows:
``(C) representatives appointed by the Governor,
who are--
``(i)(I) the lead State agency officials
with responsibility for the programs and
activities that are described in section 121(b)
and carried out by one-stop partners;
``(II) in any case in which no lead State
agency official has responsibility for such a
program or activity, a representative in the
State with expertise relating to such program
or activity; and
``(III) if not included under subclause
(I), the director of the State unit, defined in
section 7(8)(B) of the Rehabilitation Act of
1973 (29 U.S.C. 705(8)(B)) except that in a
State that has established 2 or more designated
State units to administer the vocational
rehabilitation program, the board
representative shall be the director of the
designated State unit that serves the most
individuals with disabilities in the State;
``(ii) the State agency officials
responsible for economic development;
``(iii) representatives of business in the
State who--
``(I) are owners of businesses,
chief executive or operating officers
of businesses, and other business
executives or employers with optimum
policy making or hiring authority,
including members of local boards
described in section 117(b)(2)(A)(i);
``(II) represent businesses with
employment opportunities that reflect
employment opportunities in the State;
and
``(III) are appointed from among
individuals nominated by State business
organizations and business trade
associations;
``(iv) chief elected officials
(representing both cities and counties, where
appropriate);
``(v) representatives of labor
organizations, who have been nominated by State
labor federations; and
``(vi) such other representatives and State
agency officials as the Governor may
designate.''; and
(B) in paragraph (3), by striking ``paragraph
(1)(C)(i)'' and inserting ``paragraph (1)(C)(iii)''.
(2) Conforming amendment.--Section 111(c) (29 U.S.C
2811(c)) is amended by striking ``subsection (b)(1)(C)(i)'' and
inserting ``subsection (b)(1)(C)(iii)''.
(b) Functions.--Section 111(d) (29 U.S.C. 2811(d)) is amended--
(1) by amending paragraph (3) to read as follows:
``(3) development and review of statewide policies
affecting the integrated provision of services through the one-
stop delivery system described in section 121, including--
``(A) the development of criteria for, and the
issuance of, certifications of one-stop centers;
``(B) the criteria for the allocation of one-stop
center infrastructure funding under section 121(h), and
oversight of the use of such funds;
``(C) approaches to facilitating equitable and
efficient cost allocation in one-stop delivery systems;
and
``(D) such other matters that may promote statewide
objectives for, and enhance the performance of, one-
stop delivery systems within the State;'';
(2) in paragraph (4), by inserting ``and the development of
State criteria relating to the appointment and certification of
local boards under section 117'' after ``section 116'';
(3) in paragraph (5), by striking ``sections 128(b)(3)(B)
and 133(b)(3)(B)'' and inserting ``sections 128(b)(3) and
133(b)(3)''; and
(4) in paragraph (9), by striking ``section 503'' and
inserting ``section 136(i)''.
(c) Elimination of Alternative Entity and Provision of Authority to
Hire Staff.--Section 111(e) (29 U.S.C. 2821(e)) is amended to read as
follows:
``(e) Authority to Hire Staff.--The State board may hire staff to
assist in carrying out the functions described in subsection (d).''.
SEC. 104. STATE PLAN.
(a) Planning Cycle.--Section 112(a) (29 U.S.C. 2822(a)) is amended
by striking ``5-year strategy'' and inserting ``2-year strategy''.
(b) Contents.--Section 112(b)(17)(A) (29 U.S.C. 2822(b)(17)(A)) is
amended--
(1) in clause (iii) by striking ``and'';
(2) by amending clause (iv) to read as follows:
``(iv) how the State will serve the
employment and training needs of dislocated
workers (including displaced homemakers and
formerly self-employed and transitioning
farmers, ranchers, and fisherman) low income
individuals (including recipients of public
assistance), homeless individuals, ex-
offenders, individuals training for
nontraditional employment, and other
individuals with multiple barriers to
employment (including older individuals);'';
and
(3) by adding the following new clause after clause (iv):
``(v) how the State will serve the
employment and training needs of individuals
with disabilities, consistent with section 188
and Executive Order 13217 (relating to
community-based alternatives for individuals
with disabilities) including the provision of
outreach, intake, assessments, and service
delivery, the development of performance
measures, and the training of staff; and''.
(c) Modification to Plan.--Section 112(d) (29 U.S.C. 2822(d)) is
amended by striking ``5-year period'' and inserting ``2-year period''.
SEC. 105. LOCAL WORKFORCE INVESTMENT AREAS.
(a) Designation of Areas.--
(1) Considerations.--Section 116(a)(1)(B) (29 U.S.C.
2831(a)(1)(B)) is amended by adding at the end the following
clause:
``(vi) The extent to which such local areas
will promote efficiency in the administration
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