I 

108TH CONGRESS 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Expand Access to Job 

5 Training for English Language Learners Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Approximately 17.8 million adults in the 

9 United States have limited proficiency in English. 
2

HR 1992 IH 

1 (2) Approximately 90 million adults in the 

2 United States are reading at levels that are insuffi3 cient to allow them to participate fully in the econ4 omy and to obtain new skills necessary for success. 

5 (3) A significant contributor to low literacy is 

6 limited English speaking and reading ability. 

7 (4) Individuals with limited English proficiency 

8 are the fastest growing segment of the adult edu9 cation, language, and literacy system. 

10 (5) Simultaneous courses in English language 

11 instruction in combination with civics education goes 

12 a long way toward meeting the needs of English lan13 guage learners. 

14 (6) Lack of English proficiency and a lack of 

15 understanding of civics and United States institu16 tions are a significant barriers to obtaining training 

17 and employment. 

18 (7) English language learners make up nearly 

19 50 percent of those enrolled in federally funded 

20 adult education programs. 

21 (8) The concentration of English language 

22 learners across the United States is not uniform, 

23 leaving some States with a far greater need to pro24 vide English as a second language services than oth25 ers. 
3

HR 1992 IH 

1 (9) New immigrants accounted for 50 percent 

2 of the growth in the civilian labor force between 

3 1990 and 2001. 

4 (10) Immigrants who are fluent in oral and 

5 written English earn approximately 24 percent more 

6 than those who lack fluency, regardless of vocational 

7 qualifications. 

8 (11) Current workforce development policies 

9 and programs have been ineffective in serving immi10 grants and persons who are limited English pro11 ficient. 

12 (12) Programs that integrate skills and training 

13 and language acquisition have demonstrated remark14 able employment outcomes. 

15 TITLE I—AMENDMENTS TO 

16 WORKFORCE INVESTMENT 

17 SYSTEMS 

18 SEC. 101. INTENSIVE AND TRAINING SERVICES. 

19 (a) IN GENERAL.—Section 134(d) is amended—

20 (1) by amending paragraph (3)(A)(i) to read as 

21 follows: 

22 ‘‘(i) who have been determined by a 

23 one-stop operator to be in need of more in24 tensive services in order to obtain employ25 ment; or’’; 
4

HR 1992 IH 

1 (2) by amending paragraph (3)(C)(vi) to read 

2 as follows: 

3 ‘‘(vi) Short-term prevocational serv4 ices, including development of learning 

5 skills, communication skills, English lit6 eracy skills, interviewing skills, punctuality, 

7 personal maintenance skills, and profes8 sional conduct to prepare individuals for 

9 unsubsidized employment or training.’’; 

10 (3) in paragraph (4)(A) by striking clause (i) 

11 and redesignating clauses (ii) through (v) as clauses 

12 (i) through (iv) respectively; 

13 (4) by amending paragraph (4)(D)(i) to read as 

14 follows: 

15 ‘‘(i) occupational skills training, in16 cluding training for nontraditional employ17 ment and bilingual occupational training;’’; 

18 and 

19 (5) by amending paragraph (4)(D)(viii) to read 

20 as follows: 

21 ‘‘(viii) adult education, English as a 

22 Second Language, and literacy activities 

23 provided in combination with services de24 scribed in any of the clauses (i) through 

25 (vii); and’’. 
5

HR 1992 IH 

1 (b) INCENTIVE GRANTS.—Section 503(a) is amended 

2 to read as follows: 

3 ‘‘(a) IN GENERAL.—Beginning on July 1, 2000, the 

4 Secretary shall award a grant to each State that—

5 ‘‘(1) exceeds the State adjusted levels of per6 formance for title I, the expected levels of perform7 ance for title II, and the levels of performance under 

8 Public Law 88–210 (as amended; 20 U.S.C. 2301 et 

9 seq.) for the purpose of carrying out an innovative 

10 program consistent wit the requirements of any one 

11 or more of the programs within title I, title II, or 

12 such Public Law, respectively; and 

13 ‘‘(2) funds programs that integrate occupa14 tional skills training and language acquisition.’’. 

15 (c) ON-THE-JOB TRAINING.—Section 101(31)(B) is 

16 amended by inserting ‘‘or a reimbursement of up to 100 

17 percent of the wage rate of a participant who has limited 

18 English proficiency and for whom the employer is pro19 viding training that integrates occupational skills and lan20 guage acquisition’’ after ‘‘wage rate of the participant,’’. 

21 SEC. 102. PERFORMANCE MEASURES. 

22 (a) LEVELS OF PERFORMANCE.—Section 

23 136(b)(3)(A)(iv)(II) is amended by inserting ‘‘including 

24 their level of English proficiency’’ after ‘‘entered the pro25 gram’’. 
6

HR 1992 IH 

1 (b) PERFORMANCE AND COST INFORMATION.—Sec2 tion 122(d)(3) is amended by adding after subparagraph 

3 (B) the following: 

4 ‘‘(C) ADULT EDUCATION AND FAMILY LIT5 ERACY ACT REQUIREMENTS..—The local board 

6 and the designated State agency described in 

7 subsection (i) may accept program-specific per8 formance information consistent with the re9 quirements for eligibility under the Adult and 

10 Family Literacy Act (20 U.S.C. 9212) from a 

11 provider for the purpose of enabling the pro12 vider to fulfill the applicable requirements of 

13 this subsection, if such information is substan14 tially similar to the information otherwise re15 quired under this subsection.’’. 

16 (c) INTEGRATED TRAINING PROGRAMS.—Section 

17 122(h) is amended—

18 (1) in the heading, by striking ‘‘OR CUS19 TOMIZED TRAINING’’ and inserting ‘‘, CUSTOMIZED

20 TRAINING, OR INTEGRATED TRAINING’’ ; and 

21 (2) in paragraphs (1) and (2) by striking ‘‘or 

22 customized training’’ and inserting ‘‘, customized 

23 training, or integrated training’’. 

24 (d) DEFINITION.—Section 101 is amended by redes25 ignating paragraphs (18) through (53) as paragraphs (19) 
7

HR 1992 IH 

1 through (54), respectively and by inserting after para2 graph (17) the following: 

3 ‘‘(18) INTEGRATED TRAINING.—The term ‘inte4 grated training’ means training that combines occu5 pational skills with language acquisition.’’. 

6 SEC. 103. DEMONSTRATION, PILOT, MULTISERVICE, RE7 SEARCH, AND MULTISTATE PROJECTS. 

8 (a) DEMONSTRATION AND PILOT PROJECTS.—Sec9 tion 171(b)(1) is amended by adding after subparagraph 

10 (H) the following: 

11 ‘‘(I) projects that provide training to cre12 ate or upgrade the job and related skills of per13 sons who are special participant populations as 

14 defined in section 134(d)(4)(G)(iv).’’. 

15 (b) MULTISERVICE PROJECTS.—Section 171(c)(1) is 

16 amended—

17 (1) in subparagraph (A) by inserting ‘‘and spe18 cial participant populations as defined in section 

19 134(d)(4)(G)(iv)’’ after ‘‘targeted populations’’; 

20 (2) in subparagraph (B) by inserting ‘‘and spe21 cial participant populations as defined in section 

22 134(d)(4)(G)(iv)’’ after ‘‘disability community’’; and 

23 (3) in subparagraph (C) by inserting ‘‘and spe24 cial participant populations as defined in section 

25 134(d)(4)(G)(iv)’’ after ‘‘targeted populations’’. 
8

HR 1992 IH 

1 (c) STUDY AND REPORT.—Section 171(c)(2)(B) is 

2 amended to read as follows: 

3 ‘‘(B) REPORT ON TRAINING MODELS FOR

4 PERSONS WHO ARE LIMITED ENGLISH-PRO5 FICIENT.—The Secretary shall conduct a 2-year 

6 study on programs that integrate English lan7 guage instruction with occupational skills train8 ing. The Secretary shall prepare and submit to 

9 Congress a report containing the results of the 

10 study, including policy recommendations.’’. 

11 (d) MULTISTATE PROJECTS.—Section 171(c)(3)(A) 

12 is amended—

13 (1) in clause (i) by inserting ‘‘and special par14 ticipant populations as defined in section 

15 134(d)(4)(G)(iv)’’ after ‘‘particular service popu16 lations’’; and 

17 (2) in clause (ii) by inserting ‘‘and special par18 ticipant populations as defined in section 

19 134(d)(4)(G)(iv)’’ after ‘‘demographic groups’’. 

20 SEC. 104. ASSESSMENTS. 

21 (a) IN GENERAL.—Section 171(a)(2) is amended—

22 (1) in subparagraph (C) by striking ‘‘and’’ at 

23 the end; 

24 (2) in subparagraph (D) by inserting ‘‘and’’ at 

25 the end; and 
9

HR 1992 IH 

1 (3) by adding after subparagraph (D) the fol2 lowing: 

3 ‘‘(E) the versatility of a standardized one4 stop center assessment for targeted populations, 

5 including special participant populations that 

6 face multiple barriers to employment, as defined 

7 in section 134(d)(4)(G)(iv).’’. 

8 (b) PARTNERSHIPS.—Section 171(b)(1) is amend9 ed—

10 (1) in subparagraph (G) by striking ‘‘and’’ at 

11 the end; 

12 (2) in subparagraph (H) by inserting ‘‘and’’ at 

13 the end; 

14 (3) by adding after subparagraph (H) the fol15 lowing: 

16 ‘‘(I) the establishment of partnerships with 

17 national organizations with special expertise to 

18 assist states develop and implement accurate 

19 assessment mechanisms to evaluate the skill 

20 levels of special participant populations that 

21 face multiple barriers to employment, as defined 

22 in Section 134(d)(4)(G)(iv).’’. 

23 (c) CONSIDERATIONS.—Section 172(a)(6) is amend24 ed to read as follows: 
10

HR 1992 IH 

1 ‘‘(6) the extent to which such programs and ac2 tivities meet the needs of various demographic 

3 groups; and including special participant populations 

4 that face multiple barriers to employment, as de5 fined in §134(d)(4)(G)(iv);’’. 

6 (d) INTERPRETATION AND TRANSLATION SERV7 ICES.—Section 188(a) is amended by adding after para8 graph (5) the following: 

9 ‘‘(6) INTERPRETATION AND TRANSLATION

10 SERVICES.—One-stop centers shall provide appro11 priate interpretation and translation services to indi12 viduals who lack English proficiency.’’. 

13 (e) STATE PLAN.—Section 112(b)(17)(A)(iv) is 

14 amended by inserting ‘‘(including persons who are limited 

15 English-proficient)’’ after ‘‘barriers to employment’’. 

16 (f) SPECIALIZED ASSESSMENTS.—Section 

17 134(d)(3)(C)(i) is amended in the matter preceding sub18 clause (I) to read as follows: 

19 ‘‘(i) Comprehensive and specialized 

20 assessments of the skill levels, English pro21 ficiency, and service needs of adults and 

22 dislocated workers, which may include—’’. 

23 SEC. 105. CONTENTS OF STATE PLAN. 

24 Section 224(b) is amended by adding after paragraph 

25 (12) the following new paragraph: 
11

HR 1992 IH 

1 ‘‘(13) a description of how the eligible agency 

2 will consult with any State agency responsible for 

3 postsecondary education to develop adult education 

4 that prepares students to enter postsecondary edu5 cation without the need for remediation upon com6 pletion of secondary school equivalency programs.’’. 

7 SEC. 106. STATE DISCRETIONARY FUNDING. 

8 Section 134(a)(3)(A)(vi) is amended—

9 (1) in subclause (I) by striking ‘‘and’’ at the 

10 end; 

11 (2) in subclause (II) by inserting ‘‘and’’ at the 

12 end; and 

13 (3) by adding after clause (II) the following: 

14 ‘‘(III) implementation of innova15 tive programs for special participant 

16 populations as defined in section 

17 134(d)(4)(G)(iv) to increase the num18 ber of individuals offered occupational 

19 training in growth industries;’’. 

20 TITLE II—AMENDMENTS TO 

21 ADULT EDUCATION AND LIT22 ERACY 

23 SEC. 201. ADULT BASIC EDUCATION FUNDING FORMULA. 

24 (a) QUALIFYING ADULT.—Paragraph (3) of section 

25 211(d) of the Adult Education and Family Literacy Act 
12

HR 1992 IH 

1 (20 U.S.C. 9211(d)) is amended by inserting ‘‘or is of lim2 ited English proficiency’’ after ‘‘its recognized equivalent’’. 

3 (b) HOLD-HARMLESS.—Paragraph (1) of section 

4 211(f) of the Adult Education and Family Literacy Act 

5 (20 U.S.C. 9211(f)) is amended—

6 (1) in subparagraph (A), by striking ‘‘fiscal 

7 year 1999’’ and inserting ‘‘fiscal year 2004’’; and 

8 (2) in subparagraph (b), by striking ‘‘fiscal year 

9 2000’’ and inserting ‘‘fiscal year 2005’’. 

10 SEC. 202. STATE PLAN CONTENTS. 

11 Paragraph (1) of section 224(b) of the Adult Edu12 cation and Family Literacy Act (20 U.S.C. 9224(b)) is 

13 amended by striking ‘‘including individuals most in need 

14 or hardest to serve;’’ and inserting ‘‘including—

15 ‘‘(A) individuals most in need or hardest to 

16 serve; and 

17 ‘‘(B) individuals with limited English pro18 ficiency;’’. 

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

20 CONTRACTS. 

21 (a) Section 231 of the Adult Education and Family 

22 Literacy Act (20 U.S.C. 9226) is amended—

23 (1) in subsection (a), by inserting ‘‘, as outlined 

24 under section 203(5),’’ after ‘‘State or outlying 

25 area’’; 
13

HR 1992 IH 

1 (2) in subsection (c)—

2 (A) in paragraph (1), by striking ‘‘and’’ at 

3 the end; 

4 (B) in paragraph (2), by striking ‘‘an5 nouncement process and application process is 

6 used for all eligible providers’’ and inserting 

7 ‘‘announcement process, application process, 

8 and proposal review process is used for all eligi9 ble providers, including community-based orga10 nizations,’’; 

11 (C) in paragraph (2), by striking the pe12 riod at the end and inserting ‘‘; and’’; and 

13 (D) by adding at the end the following: 

14 ‘‘(3) there is a process in place to increase out15 reach and recruitment to solicit grant and contract 

16 applications from eligible community-based organiza17 tions.’’; and 

18 (b) in subsection (e)—

19 (1) in paragraph (3), by striking ‘‘individuals 

20 who are low-income or have minimal literacy skills’’ 

21 and inserting ‘‘individuals who are of limited English 

22 proficiency, are low-income, or have minimal literacy 

23 skills’’; 
14

HR 1992 IH 

1 (2) in paragraph (9), by inserting ‘‘community2 based organizations,’’ after ‘‘job training pro3 grams,’’; 

4 (3) in paragraph (11), by striking ‘‘and’’ at the 

5 end; 

6 (4) in paragraph (12), by inserting ‘‘and civics 

7 education’’ after ‘‘additional English literacy’’; 

8 (5) in paragraph (12), by striking the period at 

9 the end and inserting ‘‘; and’’; and 

10 (6) by adding at the end the following: 

11 ‘‘(13) whether the activities are located in com12 munities with high populations of individuals with 

13 limited English proficiency.’’. 

14 SEC. 204. INCENTIVES FOR INTEGRATING TITLE I AND 

15 TITLE II. 

16 (a) NATIONAL INSTITUTE FOR LITERACY.—Subpara17 graph (C) of section 242(c)(1) of the Adult Education and 

18 Family Literacy Act (20 U.S.C. 9252(c)(1)) is amended—

19 (1) by striking ‘‘the Office of Educational Re20 search and Improvement’’ and inserting ‘‘the Insti21 tute of Education Sciences’’; 

22 (2) by inserting ‘‘and the Office of Employment 

23 and Training in the Department of Labor’’ after 

24 ‘‘the Department of Education’’; and 
15

HR 1992 IH 

1 (3) by inserting ‘‘and the effectiveness of pro2 grams that integrate occupational skills training and 

3 language acquisition’’ after ‘‘with learning disabil4 ities’’. 

5 (b) PERFORMANCE ACCOUNTABILITY SYSTEM.—

6 Subsection (b) of section 212 of the Adult Education and 

7 Family Literacy Act (20 U.S.C. 9212) is amended—

8 (1) in paragraph (1)(A)(i), striking ‘‘and’’ at 

9 the end; 

10 (2) in paragraph (1)(A), by adding at the end 

11 the following: 

12 ‘‘(iii) unified indicators of perform13 ance (if any) identified by the eligible 

14 agency under paragraph (2)(C); and′′; 

15 and’’; and 

16 (3) in paragraph (2), by adding at the end the 

17 following: 

18 ‘‘(C) UNIFIED INDICATORS.—An eligible 

19 agency shall identify uniform indicators of per20 formance for programs under section 134(d)(4) 

21 or 211 and shall include in such uniform indica22 tors the following: 

23 ‘‘(i) Performance measures identified 

24 in section 136(b)(2)(A). 
16

HR 1992 IH 

1 ‘‘(ii) Performance measures identified 

2 in section 212(b)(2)(a)(i).’’. 

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

4 AGE. 

5 Section 241 of the Adult Education and Family Lit6 eracy Act (20 U.S.C. 9251) is amended by adding at the 

7 end the following: 

8 ‘‘(c) REPORTS.—

9 ‘‘(1) REPORTS TO SECRETARY.—An eligible 

10 agency receiving funds under this title shall annually 

11 provide the Secretary with a report on the number 

12 participants who are 16, 17, or 18 years of age in 

13 the programs and services provided under section 

14 231, disaggregated by race, ethnicity, gender, lim15 ited English proficiency status, disability, and socio16 economic status. 

17 ‘‘(2) REPORTS TO CONGRESS.—Not later than 

18 June 30, 2005, and by June 30 annually thereafter, 

19 the Secretary shall submit a report to the Congress 

20 containing the results of the eligible agency reports 

21 required by paragraph (1).’’. 

22 SEC. 206. NATIONAL LEADERSHIP ACTIVITIES. 

23 Section 243 of the Adult Education and Family Lit24 eracy Act (20 U.S.C. 9253) is amended in the matter pre25 ceding paragraph (1) by inserting ‘‘including grants to 
17

HR 1992 IH 

1 communities experiencing large increases of individuals 

2 with limited English proficiency who were not accounted 

3 for in making State allocations under section 211(c)(2), 

4 for the purpose of providing English language and civics 

5 education programs’’ after ‘‘programs nationwide’’.

Æ