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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1992 Introduced in House (IH)]

  1st Session
                                H. R. 1992

   To amend and improve the workforce investment and adult education 
                         systems of the Nation.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

  Ms. Solis introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL

 
   To amend and improve the workforce investment and adult education 
                         systems of the Nation.

    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 ``Expand Access to Job Training for 
English Language Learners Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Approximately 17.8 million adults in the United States 
        have limited proficiency in English.
            (2) Approximately 90 million adults in the United States 
        are reading at levels that are insufficient to allow them to 
        participate fully in the economy and to obtain new skills 
        necessary for success.
            (3) A significant contributor to low literacy is limited 
        English speaking and reading ability.
            (4) Individuals with limited English proficiency are the 
        fastest growing segment of the adult education, language, and 
        literacy system.
            (5) Simultaneous courses in English language instruction in 
        combination with civics education goes a long way toward 
        meeting the needs of English language learners.
            (6) Lack of English proficiency and a lack of understanding 
        of civics and United States institutions are a significant 
        barriers to obtaining training and employment.
            (7) English language learners make up nearly 50 percent of 
        those enrolled in federally funded adult education programs.
            (8) The concentration of English language learners across 
        the United States is not uniform, leaving some States with a 
        far greater need to provide English as a second language 
        services than others.
            (9) New immigrants accounted for 50 percent of the growth 
        in the civilian labor force between 1990 and 2001.
            (10) Immigrants who are fluent in oral and written English 
        earn approximately 24 percent more than those who lack fluency, 
        regardless of vocational qualifications.
            (11) Current workforce development policies and programs 
        have been ineffective in serving immigrants and persons who are 
        limited English proficient.
            (12) Programs that integrate skills and training and 
        language acquisition have demonstrated remarkable employment 
        outcomes.

          TITLE I--AMENDMENTS TO WORKFORCE INVESTMENT SYSTEMS

SEC. 101. INTENSIVE AND TRAINING SERVICES.

    (a) In General.--Section 134(d) is amended--
            (1) by amending paragraph (3)(A)(i) to read as follows:
                            ``(i) who have been determined by a one-
                        stop operator to be in need of more intensive 
                        services in order to obtain employment; or'';
            (2) by amending paragraph (3)(C)(vi) to read as follows:
                            ``(vi) Short-term prevocational services, 
                        including development of learning skills, 
                        communication skills, English literacy skills, 
                        interviewing skills, punctuality, personal 
                        maintenance skills, and professional conduct to 
                        prepare individuals for unsubsidized employment 
                        or training.'';
            (3) in paragraph (4)(A) by striking clause (i) and 
        redesignating clauses (ii) through (v) as clauses (i) through 
        (iv) respectively;
            (4) by amending paragraph (4)(D)(i) to read as follows:
                            ``(i) occupational skills training, 
                        including training for nontraditional 
                        employment and bilingual occupational 
                        training;''; and
            (5) by amending paragraph (4)(D)(viii) to read as follows:
                            ``(viii) adult education, English as a 
                        Second Language, and literacy activities 
                        provided in combination with services described 
                        in any of the clauses (i) through (vii); and''.
    (b) Incentive Grants.--Section 503(a) is amended to read as 
follows:
    ``(a) In General.--Beginning on July 1, 2000, the Secretary shall 
award a grant to each State that--
            ``(1) exceeds the State adjusted levels of performance for 
        title I, the expected levels of performance for title II, and 
        the levels of performance under Public Law 88-210 (as amended; 
        20 U.S.C. 2301 et seq.) for the purpose of carrying out an 
        innovative program consistent wit the requirements of any one 
        or more of the programs within title I, title II, or such 
        Public Law, respectively; and
            ``(2) funds programs that integrate occupational skills 
        training and language acquisition.''.
    (c) On-The-Job Training.--Section 101(31)(B) is amended by 
inserting ``or a reimbursement of up to 100 percent of the wage rate of 
a participant who has limited English proficiency and for whom the 
employer is providing training that integrates occupational skills and 
language acquisition'' after ``wage rate of the participant,''.

SEC. 102. PERFORMANCE MEASURES.

    (a) Levels of Performance.--Section 136(b)(3)(A)(iv)(II) is amended 
by inserting ``including their level of English proficiency'' after 
``entered the program''.
    (b) Performance and Cost Information.--Section 122(d)(3) is amended 
by adding after subparagraph (B) the following:
                    ``(C) Adult education and family literacy act 
                requirements..--The local board and the designated 
                State agency described in subsection (i) may accept 
                program-specific performance information consistent 
                with the requirements for eligibility under the Adult 
                and Family Literacy Act (20 U.S.C. 9212) from a 
                provider for the purpose of enabling the provider to 
                fulfill the applicable requirements of this subsection, 
                if such information is substantially similar to the 
                information otherwise required under this 
                subsection.''.
    (c) Integrated Training Programs.--Section 122(h) is amended--
            (1) in the heading, by striking ``or Customized Training'' 
        and inserting ``, Customized Training, or Integrated Training'' 
        ; and
            (2) in paragraphs (1) and (2) by striking ``or customized 
        training'' and inserting ``, customized training, or integrated 
        training''.
    (d) Definition.--Section 101 is amended by redesignating paragraphs 
(18) through (53) as paragraphs (19) through (54), respectively and by 
inserting after paragraph (17) the following:
            ``(18) Integrated training.--The term `integrated training' 
        means training that combines occupational skills with language 
        acquisition.''.

SEC. 103. DEMONSTRATION, PILOT, MULTISERVICE, RESEARCH, AND MULTISTATE 
              PROJECTS.

    (a) Demonstration and Pilot Projects.--Section 171(b)(1) is amended 
by adding after subparagraph (H) the following:
                    ``(I) projects that provide training to create or 
                upgrade the job and related skills of persons who are 
                special participant populations as defined in section 
                134(d)(4)(G)(iv).''.
    (b) Multiservice Projects.--Section 171(c)(1) is amended--
            (1) in subparagraph (A) by inserting ``and special 
        participant populations as defined in section 
        134(d)(4)(G)(iv)'' after ``targeted populations'';
            (2) in subparagraph (B) by inserting ``and special 
        participant populations as defined in section 
        134(d)(4)(G)(iv)'' after ``disability community''; and
            (3) in subparagraph (C) by inserting ``and special 
        participant populations as defined in section 
        134(d)(4)(G)(iv)'' after ``targeted populations''.
    (c) Study and Report.--Section 171(c)(2)(B) is amended to read as 
follows:
                    ``(B) Report on training models for persons who are 
                limited english-proficient.--The Secretary shall 
                conduct a 2-year study on programs that integrate 
                English language instruction with occupational skills 
                training. The Secretary shall prepare and submit to 
                Congress a report containing the results of the study, 
                including policy recommendations.''.
    (d) Multistate Projects.--Section 171(c)(3)(A) is amended--
            (1) in clause (i) by inserting ``and special participant 
        populations as defined in section 134(d)(4)(G)(iv)'' after 
        ``particular service populations''; and
            (2) in clause (ii) by inserting ``and special participant 
        populations as defined in section 134(d)(4)(G)(iv)'' after 
        ``demographic groups''.

SEC. 104. ASSESSMENTS.

    (a) In General.--Section 171(a)(2) is amended--
            (1) in subparagraph (C) by striking ``and'' at the end;
            (2) in subparagraph (D) by inserting ``and'' at the end; 
        and
            (3) by adding after subparagraph (D) the following:
                    ``(E) the versatility of a standardized one-stop 
                center assessment for targeted populations, including 
                special participant populations that face multiple 
                barriers to employment, as defined in section 
                134(d)(4)(G)(iv).''.
    (b) Partnerships.--Section 171(b)(1) is amended--
            (1) in subparagraph (G) by striking ``and'' at the end;
            (2) in subparagraph (H) by inserting ``and'' at the end;
            (3) by adding after subparagraph (H) the following:
                    ``(I) the establishment of partnerships with 
                national organizations with special expertise to assist 
                states develop and implement accurate assessment 
                mechanisms to evaluate the skill levels of special 
                participant populations that face multiple barriers to 
                employment, as defined in Section 134(d)(4)(G)(iv).''.
    (c) Considerations.--Section 172(a)(6) is amended to read as 
follows:
            ``(6) the extent to which such programs and activities meet 
        the needs of various demographic groups; and including special 
        participant populations that face multiple barriers to 
        employment, as defined in Sec. 134(d)(4)(G)(iv);''.
    (d) Interpretation and Translation Services.--Section 188(a) is 
amended by adding after paragraph (5) the following:
            ``(6) Interpretation and translation services.--One-stop 
        centers shall provide appropriate interpretation and 
        translation services to individuals who lack English 
        proficiency.''.
    (e) State Plan.--Section 112(b)(17)(A)(iv) is amended by inserting 
``(including persons who are limited English-proficient)'' after 
``barriers to employment''.
    (f) Specialized Assessments.--Section 134(d)(3)(C)(i) is amended in 
the matter preceding subclause (I) to read as follows:
                            ``(i) Comprehensive and specialized 
                        assessments of the skill levels, English 
                        proficiency, and service needs of adults and 
                        dislocated workers, which may include--''.

SEC. 105. CONTENTS OF STATE PLAN.

    Section 224(b) is amended by adding after paragraph (12) the 
following new paragraph:
            ``(13) a description of how the eligible agency will 
        consult with any State agency responsible for postsecondary 
        education to develop adult education that prepares students to 
        enter postsecondary education without the need for remediation 
        upon completion of secondary school equivalency programs.''.

SEC. 106. STATE DISCRETIONARY FUNDING.

    Section 134(a)(3)(A)(vi) is amended--
            (1) in subclause (I) by striking ``and'' at the end;
            (2) in subclause (II) by inserting ``and'' at the end; and
            (3) by adding after clause (II) the following:
                                    ``(III) implementation of 
                                innovative programs for special 
                                participant populations as defined in 
                                section 134(d)(4)(G)(iv) to increase 
                                the number of individuals offered 
                                occupational training in growth 
                                industries;''.

          TITLE II--AMENDMENTS TO ADULT EDUCATION AND LITERACY

SEC. 201. ADULT BASIC EDUCATION FUNDING FORMULA.

    (a) Qualifying Adult.--Paragraph (3) of section 211(d) of the Adult 
Education and Family Literacy Act (20 U.S.C. 9211(d)) is amended by 
inserting ``or is of limited English proficiency'' after ``its 
recognized equivalent''.
    (b) Hold-Harmless.--Paragraph (1) of section 211(f) of the Adult 
Education and Family Literacy Act (20 U.S.C. 9211(f)) is amended--
            (1) in subparagraph (A), by striking ``fiscal year 1999'' 
        and inserting ``fiscal year 2004''; and
            (2) in subparagraph (b), by striking ``fiscal year 2000'' 
        and inserting ``fiscal year 2005''.

SEC. 202. STATE PLAN CONTENTS.

    Paragraph (1) of section 224(b) of the Adult Education and Family 
Literacy Act (20 U.S.C. 9224(b)) is amended by striking ``including 
individuals most in need or hardest to serve;'' and inserting 
``including--
                    ``(A) individuals most in need or hardest to serve; 
                and
                    ``(B) individuals with limited English 
                proficiency;''.

SEC. 203. DIRECT AND EQUITABLE ACCESS IN GRANTS AND CONTRACTS.

    (a) Section 231 of the Adult Education and Family Literacy Act (20 
U.S.C. 9226) is amended--
            (1) in subsection (a), by inserting ``, as outlined under 
        section 203(5),'' after ``State or outlying area'';
            (2) in subsection (c)--
                    (A) in paragraph (1), by striking ``and'' at the 
                end;
                    (B) in paragraph (2), by striking ``announcement 
                process and application process is used for all 
                eligible providers'' and inserting ``announcement 
                process, application process, and proposal review 
                process is used for all eligible providers, including 
                community-based organizations,'';
                    (C) in paragraph (2), by striking the period at the 
                end and inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(3) there is a process in place to increase outreach and 
        recruitment to solicit grant and contract applications from 
        eligible community-based organizations.''; and
    (b) in subsection (e)--
            (1) in paragraph (3), by striking ``individuals who are 
        low-income or have minimal literacy skills'' and inserting 
        ``individuals who are of limited English proficiency, are low-
        income, or have minimal literacy skills'';
            (2) in paragraph (9), by inserting ``community-based 
        organizations,'' after ``job training programs,'';
            (3) in paragraph (11), by striking ``and'' at the end;
            (4) in paragraph (12), by inserting ``and civics 
        education'' after ``additional English literacy'';
            (5) in paragraph (12), by striking the period at the end 
        and inserting ``; and''; and
            (6) by adding at the end the following:
            ``(13) whether the activities are located in communities 
        with high populations of individuals with limited English 
        proficiency.''.

SEC. 204. INCENTIVES FOR INTEGRATING TITLE I AND TITLE II.

    (a) National Institute for Literacy.--Subparagraph (C) of section 
242(c)(1) of the Adult Education and Family Literacy Act (20 U.S.C. 
9252(c)(1)) is amended--
            (1) by striking ``the Office of Educational Research and 
        Improvement'' and inserting ``the Institute of Education 
        Sciences'';
            (2) by inserting ``and the Office of Employment and 
        Training in the Department of Labor'' after ``the Department of 
        Education''; and
            (3) by inserting ``and the effectiveness of programs that 
        integrate occupational skills training and language 
        acquisition'' after ``with learning disabilities''.
    (b) Performance Accountability System.--Subsection (b) of section 
212 of the Adult Education and Family Literacy Act (20 U.S.C. 9212) is 
amended--
            (1) in paragraph (1)(A)(i), striking ``and'' at the end;
            (2) in paragraph (1)(A), by adding at the end the 
        following:
                            ``(iii) unified indicators of performance 
                        (if any) identified by the eligible agency 
                        under paragraph (2)(C); and"; and''; and
            (3) in paragraph (2), by adding at the end the following:
                    ``(C) Unified indicators.--An eligible agency shall 
                identify uniform indicators of performance for programs 
                under section 134(d)(4) or 211 and shall include in 
                such uniform indicators the following:
                            ``(i) Performance measures identified in 
                        section 136(b)(2)(A).
                            ``(ii) Performance measures identified in 
                        section 212(b)(2)(a)(i).''.

SEC. 205. REPORTS ON INDIVIDUALS 16 TO 18 YEARS OF AGE.

    Section 241 of the Adult Education and Family Literacy Act (20 
U.S.C. 9251) is amended by adding at the end the following:
    ``(c) Reports.--
            ``(1) Reports to secretary.--An eligible agency receiving 
        funds under this title shall annually provide the Secretary 
        with a report on the number participants who are 16, 17, or 18 
        years of age in the programs and services provided under 
        section 231, disaggregated by race, ethnicity, gender, limited 
        English proficiency status, disability, and socioeconomic 
        status.
            ``(2) Reports to congress.--Not later than June 30, 2005, 
        and by June 30 annually thereafter, the Secretary shall submit 
        a report to the Congress containing the results of the eligible 
        agency reports required by paragraph (1).''.

SEC. 206. NATIONAL LEADERSHIP ACTIVITIES.

    Section 243 of the Adult Education and Family Literacy Act (20 
U.S.C. 9253) is amended in the matter preceding paragraph (1) by 
inserting ``including grants to communities experiencing large 
increases of individuals with limited English proficiency who were not 
accounted for in making State allocations under section 211(c)(2), for 
the purpose of providing English language and civics education 
programs'' after ``programs nationwide''.
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