I 

111TH CONGRESS 

1ST SESSION H. R. 3238 

To increase access to adult education to provide for economic growth. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 16, 2009 

Mr. KENNEDY (for himself and Mr. HINOJOSA) introduced the following bill; 

which was referred to the Committee on Education and Labor, and in 

addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To increase access to adult education to provide for economic 

growth. 

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 ‘‘Adult Education and 

5 Economic Growth Act of 2009’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) In order to remain competitive in today’s 

9 global economy, the United States must reverse the 

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1 trend of underinvestment in adult education and 

2 workforce development and empower its workforce 

3 through adequate resources and effective and inno4 vative educational and workforce programs. Since 

5 1979, investments in adult education and workforce 

6 development programs have declined in real terms by 

7 more than 70 percent. 

8 (2) Current Federal adult basic education pro9 grams serve less than 3,000,000 individuals a year. 

10 Some States have experienced difficulties integrating 

11 adult education public job training and career and 

12 technical education programs that could help these 

13 individuals meet specific industry demand while ad14 vancing along a career path. 

15 (3) In 2007, more than 25,000,000 adults age 

16 18 through 64 had no high school credential. Every 

17 year, 1 in 3 young adults—more than 1,200,000 

18 people—drop out of high school. 

19 (4) Employers need highly skilled workers to be 

20 able to compete globally. Between 2004 and 2014, 

21 24 of the 30 fastest-growing occupations are pro22 jected to demand workers with some form of post23 secondary education or training. Yet nearly half of 

24 the United States workforce has a high school di25 ploma or less. 

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1 (5) Technology and globalization, coupled with 

2 the unfolding economic recession, are rendering low3 wage and low-skill workers particularly vulnerable. 

4 Unemployment is highest among those without a col5 lege degree and has grown at a faster rate among 

6 this group since the start of the economic recession 

7 in December 2007. 

8 (6) According to the Bureau of Labor Statis9 tics, the unemployment rate for individuals age 25 

10 and older who have less than a high school diploma 

11 has risen from 7.5 percent in December 2007 to 

12 14.8 percent in April 2009. The unemployment rate 

13 for high school graduates with no college degree has 

14 increased from 4.6 percent to 9.3 percent. The un15 employment rate for high school graduates with 

16 some college experience or an associate degree has 

17 risen from 3.7 percent to 7.4 percent. 

18 (7) The U.S. ranks 11th among OECD coun19 tries in percent of young adults with a high school 

20 diploma—the only country in which younger adults 

21 are less educated than the previous generation. 

22 (8) In 2006, 18,400,000 adults spoke English 

23 ‘‘less than very well’’, according to the United States 

24 Census Bureau (2006 American Community Sur25 vey). Of these adults, 8,200,000 held no high school 

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1 credential and 5,000,000 had completed high school 

2 but were not college or job ready. 

3 (9) Although 88,000,000 adults ages 18 to 64 

4 have a high school diploma or less, or limited 

5 English proficiency, funding for programs authorized 

6 under the Workforce Investment Act of 1998 for 

7 adults, dislocated workers, and youth declined by 

8 about 12 percent between 2000 and 2007. 

9 (10) According to the National Commission on 

10 Adult Literacy, one in every 100 U.S. adults 16 and 

11 older is in prison or jail in America. About 43 per12 cent do not have a high school diploma or equiva13 lent, and 56 have very low literacy skills. Ninety-five 

14 percent of incarcerated individuals return to our 

15 communities. 

16 (11) In order to meet the needs of the work17 force, there must be a strong connection between the 

18 adult education and workforce development system, 

19 in order to better meet the needs of limited English 

20 proficient job seekers and those with basic skills de21 ficiencies. For example, in program year 2006, less 

22 than 11 percent of individuals who exited the title I 

23 adult program under the Workforce Investment Act 

24 of 1998 were co-enrolled in adult education. 

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1 (12) Workforce development programs, includ2 ing adult education, throughout the Federal Govern3 ment and the States are not aligned well, limiting 

4 their capacity to leverage resources, to provide full 

5 and appropriate access to services, and to provide 

6 reliable and comparable data related to activities and 

7 outcomes across the programs. 

8 (13) In the current economic climate, it is im9 perative that the United States invest in the edu10 cation, training, and development of all workers in 

11 the United States who are unemployed or under12 employed, to help fill the labor demands of the 

13 United States so that they do not look elsewhere to 

14 find skilled workers. 

15 SEC. 3. PURPOSES. 

16 The purposes of this Act are the following: 

17 (1) To increase access substantially to adult 

18 education, literacy, and workplace skills services for 

19 adults who have limited basic skills, lack a high 

20 school diploma or its equivalent, or are limited 

21 English proficient. 

22 (2) To create seamless pathways from adult 

23 education and occupational skills development to 

24 postsecondary education or training and workforce 

25 development programs and services that help adult 

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1 learners persist throughout the pipeline from the 

2 lowest levels of basic literacy or English language 

3 proficiency to the achievement of a level of pro4 ficiency that will enable the adult learner to success5 fully transition to family-sustaining jobs in careers 

6 with the promise of advancement. 

7 (3) To develop an adult education, literacy, and 

8 work skills system that coordinates and integrates 

9 adult education, literacy, and workplace skills serv10 ices with workforce development and postsecondary 

11 education and training opportunities across agencies 

12 and programs. 

13 (4) To greatly improve outcomes for adults re14 ceiving adult education, literacy, and workplace skills 

15 services in terms of learning gains, acquisition of 

16 basic workforce skills, accelerated learning, acquisi17 tion of a high school diploma or its equivalent, or 

18 successful transition to postsecondary education or 

19 training or to family-sustaining jobs in the work20 place. 

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1 TITLE I—WORKFORCE 

2 INVESTMENT SYSTEMS 

3 SEC. 101. DEFINITIONS. 

4 Section 101 of the Workforce Investment Act of 1998 

5 (29 U.S.C. 2801) is amended by adding at the end the 

6 following: 

7 ‘‘(54) INTEGRATED EDUCATION AND TRAIN8 ING.—The term ‘integrated education and training’ 

9 means training that combines education or training 

10 for a specific occupation or occupational cluster with 

11 English literacy instruction or other adult education, 

12 literacy, and workplace skills activities, including 

13 programs that provide for dual or concurrent enroll14 ment. 

15 ‘‘(55) CAREER PATHWAY.—The term ‘career 

16 pathway’ means a high quality, rigorous, engaging 

17 set of education, training, and workplace experiences 

18 that— 

19 ‘‘(A) align adult education, job training, 

20 postsecondary education, or occupational train21 ing to create a pathway to attaining a recog22 nized postsecondary education credential that 

23 will qualify an individual for career advance24 ment in projected employment opportunities 

25 identified in the State plan under section 112; 

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1 ‘‘(B) include advising and counseling to 

2 support the development of individual education 

3 and career plans; and 

4 ‘‘(C) lead to a secondary school diploma or 

5 its recognized equivalent (for individuals who 

6 have not completed secondary school), a post7 secondary degree, a registered apprenticeship or 

8 another recognized occupational certification, a 

9 certificate, or a license. 

10 ‘‘(56) WORKPLACE SKILLS.—The term ‘work11 place skills’ means the combination of basic skills, 

12 critical thinking skills, and self management skills 

13 with competency in utilizing resources, using infor14 mation, working with others, understanding systems, 

15 working with technology, and other skills necessary 

16 for success in the workplace. 

17 ‘‘(57) REGISTERED APPRENTICESHIP PRO18 GRAM.—The term ‘registered apprenticeship pro19 gram’ means an industry skills training program at 

20 the postsecondary level that combines technical and 

21 theoretical training through structured on-the-job 

22 learning with related instruction (in classrooms or 

23 through distance learning) while an individual is em24 ployed, working under the direction of qualified per25 sonnel or a mentor, and earning incremental wage 

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1 increases aligned to enhanced job proficiency, result2 ing in the acquisition of a nationally recognized and 

3 portable certificate, under a plan approved by the 

4 Office of Apprenticeship or a State agency recog5 nized by the Department of Labor.’’. 

6 SEC. 102. PURPOSE. 

7 Section 106 of the Workforce Investment Act of 1998 

8 (29 U.S.C. 2811) is amended by inserting ‘‘adult edu9 cation and’’ before ‘‘workforce investment systems’’. 

10 SEC. 103. STATE WORKFORCE INVESTMENT BOARDS. 

11 Section 111 of the Workforce Investment Act of 1998 

12 (29 U.S.C. 2821) is amended— 

13 (1) in subsection (b)(1)(C)— 

14 (A) in clause (vi)(II), by striking ‘‘and’’ 

15 after the semicolon; 

16 (B) by redesignating clause (vii) as clause 

17 (viii); and 

18 (C) by inserting after clause (vi) the fol19 lowing: 

20 ‘‘(vii) the lead State agency officials 

21 with responsibilities for the programs and 

22 activities carried out under title II; and’’; 

23 and 

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1 (2) in subsection (d)(2), by inserting ‘‘adult 

2 education and’’ before ‘‘workforce investment sys3 tem’’. 

4 SEC. 104. STATE PLAN. 

5 Section 112 of the Workforce Investment Act of 1998 

6 (29 U.S.C. 2822) is amended— 

7 (1) in subsection (a), by inserting ‘‘and aligns 

8 with the State plan described in section 224’’ before 

9 the period at the end; and 

10 (2) in subsection (b)— 

11 (A) in paragraph (4)— 

12 (i) in subparagraph (B), by inserting 

13 ‘‘academic levels and’’ before ‘‘job skills’’; 

14 (ii) in subparagraph (C), by striking 

15 ‘‘and’’ after the semicolon; 

16 (iii) in subparagraph (D), by striking 

17 ‘‘State;’’ and inserting ‘‘State, including 

18 education, training, and registered appren19 ticeship programs and their relationship to 

20 such career opportunities and skills and 

21 economic development needs; and’’; and 

22 (iv) by adding at the end the fol23 lowing: 

24 ‘‘(E) the integrated education and training 

25 activities that will be integrated and aligned 

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1 with workforce programs and services under 

2 this title, and the State’s efforts to increase the 

3 number of participants concurrently enrolled in 

4 adult education services under title II and 

5 training and employment activities under this 

6 title;’’. 

7 (B) in paragraph (8)— 

8 (i) in subparagraph (A)(x), by striking 

9 ‘‘and’’ after the semicolon; 

10 (ii) in subparagraph (B), by striking 

11 the semicolon and inserting ‘‘, including 

12 performance on the core indicators de13 scribed in section 212; and’’; and 

14 (iii) by adding at the end the fol15 lowing: 

16 ‘‘(C) a description of any integrated data 

17 systems used to track performance outcomes 

18 over time for the participants in the programs 

19 and activities described in subparagraph (A);’’; 

20 (C) in paragraph (9), by striking ‘‘busi21 nesses and representatives of labor organiza22 tions’’ and inserting ‘‘businesses, representa23 tives of labor organizations, and representatives 

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1 cation providers, postsecondary education pro2 viders, and training providers)’’; and 

3 (D) in paragraph (17)(A)(iv), by adding ‘‘, 

4 including individuals receiving services under 

5 title II’’ after ‘‘disabilities)’’. 

6 SEC. 105. LOCAL WORKFORCE INVESTMENT BOARDS. 

7 Section 117(h)(2)(A) of the Workforce Investment 

8 Act of 1998 (29 U.S.C. 2832(h)(2)(A)) is amended— 

9 (1) in clause (v), by striking ‘‘and’’ after the 

10 semicolon; and 

11 (2) by inserting after clause (vi), the following: 

12 ‘‘(vii) representatives of adult edu13 cation; and’’. 

14 SEC. 106. LOCAL PLAN. 

15 Section 118(b)(1) of the Workforce Investment Act 

16 of 1998 (29 U.S.C. 2833(b)(1)) is amended— 

17 (1) in subparagraph (B), by striking ‘‘and’’ 

18 after the semicolon; 

19 (2) in subparagraph (C), by inserting ‘‘aca20 demic levels and’’ before ‘‘job skills’’; and 

21 (3) by adding at the end the following: 

22 ‘‘(D) the type and availability of workforce 

23 investment activities in the local area, including 

24 education, training, and registered apprentice25 ship programs and their relationship to such 

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1 business, job seeker, and worker needs, employ2 ment opportunities, and economic development 

3 needs; and 

4 ‘‘(E) the integrated education and training 

5 activities that will be carried out under this title 

6 or title II and the alignment of those activi7 ties.’’. 

8 SEC. 107. USE OF FUNDS FOR YOUTH ACTIVITIES. 

9 Section 129 of the Workforce Investment Act of 1998 

10 (29 U.S.C. 2854) is amended— 

11 (1) in subsection (a)— 

12 (A) in paragraph (5), by striking ‘‘and’’ 

13 after the semicolon; 

14 (B) in paragraph (6), by striking the pe15 riod and inserting ‘‘; and’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(7) to provide opportunities for career path18 ways for eligible youth.’’; and 

19 (2) in subsection (c)— 

20 (A) in paragraph (1)(C)— 

21 (i) in clause (iii), by striking ‘‘and’’ 

22 after the semicolon; 

23 (ii) in clause (iv)(II), by striking the 

24 period and inserting a semicolon; and 

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1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(v) opportunities for career path4 ways; and 

5 ‘‘(vi) for the completion of secondary 

6 school, in appropriate cases.’’; and 

7 (B) in paragraph (2)— 

8 (i) in subparagraph (I), by striking 

9 ‘‘and’’ after the semicolon; 

10 (ii) in subparagraph (J), by striking 

11 the period and inserting ‘‘; and’’; and 

12 (iii) by adding at the end the fol13 lowing: 

14 ‘‘(K) dual enrollment opportunities.’’. 

15 SEC. 108. USE OF FUNDS FOR EMPLOYMENT AND TRAINING 

16 ACTIVITIES. 

17 Section 134(d) of the Workforce Investment Act of 

18 1998 (29 U.S.C. 2864(d)) is amended— 

19 (1) in paragraph (3)(A)(i)(I), by striking ‘‘and 

20 are unable to obtain employment through services 

21 provided under paragraph (2)’’; and 

22 (2) in paragraph (4)— 

23 (A) in subparagraph (A)(i), by striking 

24 ‘‘and who are unable to obtain or retain em25 ployment through such services’’; 

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1 (B) in subparagraph (D)— 

2 (i) in clause (viii), by striking ‘‘and’’ 

3 after the semicolon; 

4 (ii) in clause (ix), by striking the pe5 riod and inserting ‘‘; and’’; and 

6 (iii) by adding at the end the fol7 lowing: 

8 ‘‘(x) integration of adult education 

9 and training.’’; and 

10 (C) in subparagraph (G)(ii)— 

11 (i) in subclause (II), by striking ‘‘or’’ 

12 after the semicolon; 

13 (ii) in subclause (III), by striking the 

14 period and inserting ‘‘; or’’; and 

15 (iii) by adding at the end the fol16 lowing: 

17 ‘‘(IV) the local board determines 

18 that it would facilitate the training of 

19 multiple individuals in high-demand 

20 occupations; or 

21 ‘‘(V) the local board determines 

22 that it would facilitate the provision of 

23 integrated education and training pro24 grams.’’. 

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1 SEC. 109. PERFORMANCE ACCOUNTABILITY SYSTEM. 

2 Section 136(b)(2)(A) of the Workforce Investment 

3 Act of 1998 (29 U.S.C. 2871(b)(2)(A)) is amended— 

4 (1) in clause (i)— 

5 (A) in the matter preceding subclause (I), 

6 by striking ‘‘and (for participants who are eligi7 ble youth age 19 through 21) for youth activi8 ties authorized under section 129’’; and 

9 (B) in subclause (IV)— 

10 (i) by inserting ‘‘and performance on 

11 the core indicators described in section 

12 212, as appropriate’’ after ‘‘recognized 

13 equivalent’’; and 

14 (ii) by striking ‘‘, or by participants 

15 who are eligible youth age 19 through 21 

16 who enter postsecondary education, ad17 vanced training, or unsubsidized employ18 ment’’; and 

19 (2) in clause (ii)— 

20 (A) in the matter preceding subclause (I), 

21 by striking ‘‘(for participants who are eligible 

22 youth age 14 through 18)’’; 

23 (B) in subclause (I), by striking ‘‘and, as 

24 appropriate, work readiness or occupational 

25 skills’’ and inserting ‘‘, workplace skills, or oc26 cupation skills, as appropriate’’; 

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1 (C) in subclause (II), by striking ‘‘and’’ 

2 after the semicolon; 

3 (D) in subclause (III), by striking the pe4 riod and inserting ‘‘; and’’; and 

5 (E) by adding at the end the following: 

6 ‘‘(IV) performance on measures 

7 described in subclauses (I), (II), and 

8 (III) of clause (i) by youth 18 years 

9 of age and older.’’. 

10 SEC. 110. DEMONSTRATION AND PILOT PROJECTS. 

11 Section 171(b)(1) of the Workforce Investment Act 

12 of 1998 (29 U.S.C. 2916(b)(1)) is amended— 

13 (1) in subparagraph (G), by striking ‘‘and’’ 

14 after the semicolon; 

15 (2) in subparagraph (H), by striking the period 

16 and inserting a semicolon; and 

17 (3) by adding at the end the following: 

18 ‘‘(I) projects that assist low skill and lim19 ited English proficient workers to acquire the 

20 basic, English, work readiness, and applied 

21 technical or occupational skills through inte22 grated education and training programs to suc23 cessfully transition to postsecondary education, 

24 workforce development, and employment in ca25 reer pathways; and 

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1 ‘‘(J) projects that test effective ways to de2 velop comprehensive career pathways learning 

3 approaches that fully align adult education with 

4 secondary education, postsecondary education, 

5 including registered apprenticeship programs, 

6 workforce development, and supportive service 

7 activities, and with regional economic develop8 ment strategies to meet the skill needs of exist9 ing and emerging regional employers as well as 

10 the needs of low skilled adults, helping adults, 

11 especially those who are low skilled, to advance 

12 through progressive levels of education and 

13 training as quickly as possible and gain edu14 cation and workforce skills of demonstrated 

15 value to the labor market at each level.’’. 

16 TITLE II—ADULT EDUCATION, 

17 LITERACY, AND WORKPLACE 

18 SKILLS 

19 SEC. 201. PURPOSE. 

20 Section 202 of the Adult Education and Family Lit21 eracy Act (20 U.S.C. 9201) is amended— 

22 (1) in paragraph (1), by inserting ‘‘and postsec23 ondary education or training’’ after ‘‘self-suffi24 ciency’’; 

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

2 the semicolon; 

3 (3) in paragraph (3)— 

4 (A) by inserting ‘‘and transition to postsec5 ondary education and career pathways’’ after 

6 ‘‘education’’; and 

7 (B) by striking the period and inserting ‘‘; 

8 and’’; and 

9 (4) by adding at the end the following: 

10 ‘‘(4) assist adults with limited English pro11 ficiency in improving their reading, writing, speak12 ing, listening, and comprehension skills in English 

13 and mathematical skills and acquiring an under14 standing of the American system of government, in15 dividual freedom, and the responsibilities of citizen16 ship.’’. 

17 SEC. 202. DEFINITIONS. 

18 (a) IN GENERAL.—Section 203 of the Adult Edu19 cation and Family Literacy Act (20 U.S.C. 9202) is 

20 amended— 

21 (1) by redesignating paragraphs (3), (4), (5), 

22 (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), 

23 (16), (17), and (18), as paragraphs (4), (5), (6), 

24 (7), (8), (9), (10), (11), (12), (15), (16), (17), (18), 

25 (19), (20), and (21), respectively; 

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1 (2) by inserting after paragraph (2) the fol2 lowing: 

3 ‘‘(3) CAREER PATHWAY.—The term ‘career 

4 pathway’ has the meaning given the term in section 

5 101 of the Workforce Investment Act of 1998.’’; 

6 (3) in paragraph (6), as redesignated by para7 graph (1)— 

8 (A) in the matter preceding subparagraph 

9 (A), by inserting ‘‘an organization that has 

10 demonstrated effectiveness in providing adult 

11 education, literacy, and workplace skills activi12 ties that may include’’ after ‘‘means’’; 

13 (B) in subparagraph (B), by striking ‘‘of 

14 demonstrated effectiveness’’; 

15 (C) in subparagraph (C), by striking ‘‘of 

16 demonstrated effectiveness’’; 

17 (D) in subparagraph (H), by striking 

18 ‘‘and’’ after the semicolon; 

19 (E) in subparagraph (I), by striking the 

20 period and inserting ‘‘; and’’; and 

21 (F) by adding at the end the following: 

22 ‘‘(J) a partnership between an entity de23 scribed in any of subparagraphs (A) through (I) 

24 and an employer.’’; 

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1 (4) in paragraph (8), as redesignated by para2 graph (1)— 

3 (A) in the matter preceding subparagraph 

4 (A)— 

5 (i) by inserting ‘‘the economic pros6 pects for’’ after ‘‘sustainable changes in’’; 

7 and 

8 (ii) by inserting ‘‘and that better en9 able parents to support their children’s 

10 learning needs’’ after ‘‘a family’’; 

11 (B) by redesignating subparagraphs (A) 

12 through (D) as subparagraphs (B) through (E), 

13 respectively; and 

14 (C) by inserting before subparagraph (B), 

15 as redesignated by subparagraph (B), the fol16 lowing: 

17 ‘‘(A) Parent adult education, literacy, and 

18 workplace skills activities that lead to readiness 

19 for postsecondary education or training, career 

20 advancement, and economic self-sufficiency.’’; 

21 (5) by inserting after paragraph (12), as redes22 ignated by paragraph (1), the following: 

23 ‘‘(13) INTEGRATED EDUCATION AND TRAIN24 ING.—The term ‘integrated education and training’ 

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1 has the meaning given the term in section 101 of the 

2 Workforce Investment Act of 1998. 

3 ‘‘(14) INTEGRATED ENGLISH LITERACY AND

4 CIVICS EDUCATION PROGRAM.—The term ‘integrated 

5 English literacy and civics education program’ 

6 means programs of instruction designed to help an 

7 individual of limited English proficiency achieve 

8 competence in English through contextualized in9 struction on the rights and responsibilities of citizen10 ship, naturalization procedures, civic participation, 

11 and United States history and Government to help 

12 such an individual acquire the skills and knowledge 

13 to become an active and informed parent, worker, 

14 and community member.’’; and 

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

16 ‘‘(22) WORKPLACE SKILLS.—The term ‘work17 place skills’ has the meaning given the term in sec18 tion 101 of the Workforce Investment Act of 1998.’’. 

19 (b) CONFORMING AMENDMENT.—Section 173A(b)(8) 

20 of the Workforce Investment Act of 1998 (29 U.S.C. 

21 2918a(b)(8)) is amended by striking ‘‘section 203(10) of 

22 the Adult Education and Family Literacy Act (20 U.S.C. 

23 9202(10))’’ and inserting ‘‘section 203(11) of the Adult 

24 Education and Family Literacy Act (20 U.S.C. 

25 9202(11))’’. 

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1 SEC. 203. AUTHORIZATION OF APPROPRIATIONS. 

2 Section 205 of the Adult Education and Family Lit3 eracy Act (20 U.S.C. 9204) is amended to read as follows: 

4 ‘‘SEC. 205. AUTHORIZATION OF APPROPRIATIONS. 

5 ‘‘There are authorized to be appropriated to carry out 

6 this title $850,000,000 for fiscal year 2010 and such sums 

7 as may be necessary for each succeeding fiscal year.’’. 

8 SEC. 204. RESERVATION OF FUNDS; GRANTS TO ELIGIBLE 

9 AGENCIES; ALLOTMENTS. 

10 Section 211 of the Adult Education and Family Lit11 eracy Act (20 U.S.C. 9211) is amended— 

12 (1) in subsection (a)— 

13 (A) in paragraph (1), by striking 

14 ‘‘$8,000,000’’ and inserting ‘‘$15,000,000’’; 

15 (B) in paragraph (2)— 

16 (i) by striking ‘‘1.5 percent’’ and in17 serting ‘‘1.25 percent’’; 

18 (ii) by striking ‘‘$8,000,000’’ and in19 serting ‘‘$12,000,000’’; and 

20 (iii) by striking ‘‘and’’ after the semi21 colon; 

22 (C) in paragraph (3), by striking the pe23 riod and inserting ‘‘; and’’; and 

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

25 ‘‘(4) shall reserve 12 percent to carry out sec26 tion 244.’’; and 

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1 (2) in subsection (d), by striking paragraphs 

2 (1) through (4) and inserting the following: 

3 ‘‘(1)(A) is at least 16 years of age; 

4 ‘‘(B) is beyond the age of compulsory school at5 tendance under the law of the State or outlying 

6 area; 

7 ‘‘(C) does not have a secondary school diploma 

8 or its recognized equivalent; and 

9 ‘‘(D) is not enrolled in secondary school; or 

10 ‘‘(2) is an individual— 

11 ‘‘(A) described in each of subparagraphs 

12 (A), (B), and (D) of paragraph (1); and 

13 ‘‘(B) who is limited English proficient.’’. 

14 SEC. 205. PERFORMANCE ACCOUNTABILITY SYSTEM. 

15 Section 212(b) of the Adult Education and Family 

16 Literacy Act (20 U.S.C. 9212(b)) is amended— 

17 (1) in paragraph (1)(A)— 

18 (A) in clause (i), by inserting ‘‘and the em19 ployment performance indicator described in 

20 paragraph (2)(B)’’ after ‘‘paragraph (2)(A)’’; 

21 and 

22 (B) in clause (ii), by striking ‘‘paragraph 

23 (2)(B)’’ and inserting ‘‘paragraph (2)(C)’’; 

24 (2) in paragraph (2)— 

25 (A) in subparagraph (A)— 

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1 (i) in clause (ii), by striking ‘‘in, re2 tention in’’ and all that follows through the 

3 period at the end and inserting ‘‘in post4 secondary education, including registered 

5 apprenticeship, or other skill training pro6 grams.’’; and 

7 (ii) by adding at the end the fol8 lowing: 

9 ‘‘(iv) Attainment of work readiness, 

10 workforce skills, and certificates that are 

11 nationally or industry recognized or ap12 proved by the State board or local board, 

13 as appropriate.’’; 

14 (B) by redesignating subparagraph (B) as 

15 subparagraph (D); 

16 (C) by inserting after subparagraph (A) 

17 the following: 

18 ‘‘(B) EMPLOYMENT PERFORMANCE INDI19 CATOR.—Consistent with applicable Federal 

20 and State privacy laws— 

21 ‘‘(i) an eligible agency shall identify in 

22 the State plan an individual participant 

23 employment performance indicator, which 

24 shall be entry into employment; and 

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1 ‘‘(ii) the State agency responsible for 

2 maintaining and analyzing the data de3 scribed in clause (i) shall assist the eligible 

4 agency in obtaining and using quarterly 

5 wage records to collect such data. 

6 ‘‘(C) TECHNOLOGY LITERACY INDI7 CATOR.—Beginning in 2013, an eligible agency 

8 shall include a technology literacy indicator in 

9 its performance measure.’’; and 

10 (D) by striking subparagraph (D), as re11 designated by subparagraph (B), and inserting 

12 the following: 

13 ‘‘(D) ADDITIONAL INDICATORS.—An eligi14 ble agency may identify in the State plan addi15 tional indicators, including customer feedback, 

16 for adult education, literacy, and workplace 

17 skills activities authorized under this subtitle.’’; 

18 and 

19 (3) in paragraph (3)(B)— 

20 (A) in the heading, by inserting ‘‘AND EM21 PLOYMENT PERFORMANCE INDICATOR’’ after 

22 ‘‘INDICATORS’’; and 

23 (B) by striking ‘‘paragraph (2)(B)’’ and 

24 inserting ‘‘paragraph (2)(C) and for the emmstockstill on DSKH9S0YB1PROD with BILLS

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1 ployment performance indicator described in 

2 paragraph (2)(B)’’. 

3 SEC. 206. STATE DISTRIBUTION OF FUNDS; MATCHING RE4 QUIREMENT. 

5 Section 222(a) of the Adult Education and Family 

6 Literacy Act (20 U.S.C. 9222(a)) is amended— 

7 (1) in paragraph (1)— 

8 (A) by striking ‘‘not more than 10’’ and 

9 inserting ‘‘not less than 10’’; and 

10 (B) by striking ‘‘82.5 percent’’ both places 

11 the term appears and inserting ‘‘80 percent’’; 

12 and 

13 (2) in paragraph (2), by striking ‘‘12.5 per14 cent’’ and inserting ‘‘15 percent’’. 

15 SEC. 207. STATE LEADERSHIP ACTIVITIES. 

16 Section 223(a) of the Adult Education and Family 

17 Literacy Act (20 U.S.C. 9223(a)) is amended to read as 

18 follows: 

19 ‘‘(a) ACTIVITIES.— 

20 ‘‘(1) REQUIRED ACTIVITIES.—Each eligible 

21 agency shall use funds made available under section 

22 222(a)(2) for the following adult education, literacy, 

23 and work readiness skills activities: 

24 ‘‘(A) The establishment or operation of 

25 professional development programs to improve 

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1 the quality of instruction provided pursuant to 

2 local activities required under section 231(b). 

3 ‘‘(B) The provision of technical assistance 

4 to eligible providers of adult education, literacy, 

5 and workplace skills activities to enable them to 

6 fulfill the purpose of this title, as described in 

7 section 202. 

8 ‘‘(C) The monitoring and evaluation of 

9 adult education and related activities to deter10 mine what works and broadly disseminate infor11 mation about models and best practices and 

12 tools within the State. 

13 ‘‘(D) The provision of technology assist14 ance, including staff training, to eligible pro15 viders of adult education, literacy, and work16 place skills activities to enable the eligible pro17 viders to improve the quality of such activities. 

18 ‘‘(E) Coordination with the workforce in19 vestment systems supported under title I. 

20 ‘‘(2) PERMISSIBLE ACTIVITIES.—Each eligible 

21 agency may use funds made available under section 

22 222(a)(2) for 1 or more of the following adult edu23 cation, literacy, and workplace skills activities: 

24 ‘‘(A) The support for State or regional net25 works of literacy resource centers. 

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1 ‘‘(B) Incentives for program coordination 

2 and integration, and performance awards. 

3 ‘‘(C) Developing and disseminating cur4 ricula for postsecondary and job training readi5 ness, including curricula for using technology 

6 for distance learning and for instructional and 

7 teacher training purposes. 

8 ‘‘(D) Coordination with existing support 

9 services, such as transportation, child care, and 

10 other assistance designed to increase rates of 

11 enrollment in, and successful completion of, 

12 adult education, literacy, and workplace skills 

13 activities, to adults enrolled in such activities. 

14 ‘‘(E) Developing innovative content and 

15 models for integrated education and training 

16 programs. 

17 ‘‘(F) Developing innovative content and 

18 models to foster the transition to postsecondary 

19 education and career pathways. 

20 ‘‘(G) Linkages with postsecondary edu21 cational institutions. 

22 ‘‘(H) Linkages with community-based or23 ganizations. 

24 ‘‘(I) Support for recruitment and outreach 

25 for instructors, students, and employers.’’. 

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1 SEC. 208. STATE PLAN. 

2 Section 224 of the Adult Education and Family Lit3 eracy Act (20 U.S.C. 9224) is amended— 

4 (1) in subsection (b)— 

5 (A) in paragraph (11), by striking ‘‘and’’ 

6 after the semicolon; 

7 (B) in paragraph (12), by striking the pe8 riod at the end and inserting a semicolon; and 

9 (C) by adding at the end the following: 

10 ‘‘(13) a description of the knowledge and skills 

11 necessary for acceptance in postsecondary education 

12 and training; 

13 ‘‘(14) a description of any certification or other 

14 requirements for instructors in eligible adult edu15 cation, literacy, and workplace skills program pro16 viders in the State; 

17 ‘‘(15) a description of the professional develop18 ment needs of adult education, literacy, and work19 place skills providers in the State; 

20 ‘‘(16) a description of how the State will— 

21 ‘‘(A) use technology to improve the quality 

22 of adult education, literacy, and workplace skills 

23 services; and 

24 ‘‘(B) expand access to such services for 

25 workers and students; 

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1 ‘‘(17) a description of how the State will carry 

2 out programs described in section 244; 

3 ‘‘(18) a description of the data system that the 

4 State will use to track over time student outcomes 

5 on the performance measures described in section 

6 212; 

7 ‘‘(19) a description of the State’s program to 

8 invest in the skills of workers, including plans for in9 volving business as an active partner in the effort; 

10 and 

11 ‘‘(20) a description of how the adult education 

12 programs will be integrated with occupational skills 

13 programs and aligned with postsecondary education, 

14 career, and technical education, workforce develop15 ment programs, and other Federal funds available 

16 under title I and other relevant Federal programs.’’; 

17 (2) by striking subsection (e) and inserting the 

18 following: 

19 ‘‘(e) PEER REVIEW AND PLAN APPROVAL.—The Sec20 retary shall— 

21 ‘‘(1) establish a peer review process to assist in 

22 the review and approval of State plans; 

23 ‘‘(2) in consultation with the National Institute 

24 for Adult Education, Literacy, and Workplace Skills, 

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1 appoint individuals, representing the range of stake2 holders, to the peer-review process, including— 

3 ‘‘(A) representatives of adult learners, 

4 adult education, literacy, and workplace skills 

5 providers, eligible agencies, State educational 

6 agencies, institutions of higher education, rep7 resentatives of local or State workforce invest8 ment boards; and 

9 ‘‘(B) experts in the fields of adult edu10 cation, literacy, and workplace skills; 

11 ‘‘(3) approve a State plan within 120 days after 

12 receiving the plan, unless the Secretary makes a 

13 written determination, within 30 days after receiving 

14 the plan, that the plan does not meet the require15 ments of this section or is inconsistent with specific 

16 provisions of this subtitle; and 

17 ‘‘(4) not finally disapprove of a State plan be18 fore offering the eligible agency the opportunity, 

19 prior to the expiration of the 30-day period begin20 ning on the date on which the eligible agency re21 ceived the written determination described in para22 graph (3), to revise the plan, and providing technical 

23 assistance in order to assist the eligible agency in 

24 meeting the requirements of this subtitle.’’; and 

25 (3) by striking subsections (f) and (g). 

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1 SEC. 209. PROGRAMS FOR CORRECTIONS EDUCATION AND 

2 OTHER INSTITUTIONALIZED INDIVIDUALS. 

3 Section 225 of the Adult Education and Family Lit4 eracy Act (20 U.S.C. 9225) is amended— 

5 (1) in subsection (b)— 

6 (A) in paragraph (3), by striking ‘‘and’’ 

7 after the semicolon at the end; 

8 (B) in paragraph (4), by striking the pe9 riod at the end and inserting a semicolon; and 

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

11 ‘‘(5) integrated education and training pro12 grams; 

13 ‘‘(6) career pathways programs; 

14 ‘‘(7) dual enrollment programs; and 

15 ‘‘(8) preparation for postsecondary education 

16 and training.’’; 

17 (2) by redesignating subsection (d) as sub18 section (e); and 

19 (3) by inserting after subsection (c) the fol20 lowing: 

21 ‘‘(d) REPORT.—In addition to any report required 

22 under section 212(c), each eligible agency that receives as23 sistance provided under this section shall annually prepare 

24 and submit to the Secretary a report on the progress, as 

25 described in section 212(c)(1), of the eligible agency with 

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1 respect to the programs and activities of the eligible entity 

2 receiving assistance under this section.’’. 

3 SEC. 210. GRANTS AND CONTRACTS FOR ELIGIBLE PRO4 VIDERS. 

5 Section 231(b)(1) of the Adult Education and Family 

6 Literacy Act (20 U.S.C. 9241(b)(1)) is amended to read 

7 as follows: 

8 ‘‘(1) Adult education, literacy, and workplace 

9 skills services, which may include workplace literacy 

10 services, integrated education and training services, 

11 and transition to postsecondary education and train12 ing and career pathways.’’. 

13 SEC. 211. LOCAL APPLICATION. 

14 Section 232 of the Adult Education and Family Lit15 eracy Act (20 U.S.C. 9242) is amended— 

16 (1) in the matter preceding paragraph (1), by 

17 inserting ‘‘the measurable goals to be accomplished 

18 as a result of the grant or contract and’’ after ‘‘in19 cluding’’; 

20 (2) in paragraph (1), by striking ‘‘and’’ after 

21 the semicolon; 

22 (3) in paragraph (2), by striking the period and 

23 inserting ‘‘; and’’; and 

24 (4) by adding at the end the following: 

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1 ‘‘(3) a description of how the grantee or con2 tractor will collect data for purposes of reporting 

3 performance measures to assess and evaluate the 

4 progress of adult education students and activities.’’. 

5 SEC. 212. ADMINISTRATIVE PROVISIONS. 

6 Section 241 of the Adult Education and Family Lit7 eracy Act (20 U.S.C. 9251) is amended by adding at the 

8 end the following: 

9 ‘‘(c) RULEMAKING.— 

10 ‘‘(1) IN GENERAL.—The Secretary shall issue 

11 such regulations as are necessary to reasonably en12 sure compliance with this title. 

13 ‘‘(2) CONSULTATION.—Before publishing in the 

14 Federal Register proposed regulations to carry out 

15 this title, the Secretary shall consult with the Sec16 retary of Labor and obtain the advice and rec17 ommendations of representatives of— 

18 ‘‘(A) adult learners; 

19 ‘‘(B) adult education, literacy, and work20 place skills providers; 

21 ‘‘(C) eligible agencies; 

22 ‘‘(D) State educational agencies; 

23 ‘‘(E) institutions of postsecondary edu24 cation, including community colleges; 

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1 ‘‘(F) representatives of State and local 

2 workforce investment boards; 

3 ‘‘(G) other organizations involved with the 

4 implementation and operation of programs 

5 under this title; and 

6 ‘‘(H) community based organizations in7 volved with the implementation and operation of 

8 programs under this title. 

9 ‘‘(3) MEETINGS AND ELECTRONIC EX10 CHANGE.—The advice and recommendations de11 scribed in paragraph (2) may be obtained through 

12 such mechanisms as regional meetings and electronic 

13 exchanges of information.’’. 

14 SEC. 213. NATIONAL INSTITUTE FOR ADULT EDUCATION, 

15 LITERACY, AND WORKPLACE SKILLS. 

16 Section 242 of the Adult Education and Family Lit17 eracy Act (20 U.S.C. 9252) is amended— 

18 (1) by striking the section heading and insert19 ing the following ‘‘NATIONAL INSTITUTE FOR

20 ADULT EDUCATION, LITERACY, AND WORK21 PLACE SKILLS’’; 

22 (2) by striking subsection (a) and inserting the 

23 following: 

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1 ‘‘(a) PURPOSE.—The purpose of the National Insti2 tute for Adult Education, Literacy, and Workplace Skills 

3 is to— 

4 ‘‘(1) provide national leadership regarding adult 

5 education and family literacy; 

6 ‘‘(2) coordinate adult education, literacy, and 

7 workplace skills services and policy; and 

8 ‘‘(3) serve as a national resource for adult edu9 cation, literacy, and workplace skills programs by— 

10 ‘‘(A) providing the best and most current 

11 information available; 

12 ‘‘(B) providing national leadership on the 

13 use of technology for adult education; and 

14 ‘‘(C) supporting the creation of new ways 

15 to offer adult education, literacy, and workplace 

16 skills services of proven effectiveness.’’; 

17 (3) in subsection (b)— 

18 (A) in paragraph (1), by striking ‘‘Na19 tional Institute for Literacy’’ and inserting 

20 ‘‘National Institute for Adult Education, Lit21 eracy, and Workplace Skills’’; 

22 (B) in paragraph (2), by striking ‘‘sepa23 rate’’ and inserting ‘‘independent’’; and 

24 (C) in paragraph (3), by striking ‘‘Na25 tional Institute for Literacy Advisory Board’’ 

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1 and inserting ‘‘National Institute for Adult 

2 Education, Literacy, and Workplace Skills Ad3 visory Board’’; 

4 (4) in subsection (c)(1)— 

5 (A) in subparagraph (A)— 

6 (i) in clause (iii), by striking ‘‘and’’ 

7 after the semicolon; 

8 (ii) in clause (iv), by inserting ‘‘and’’ 

9 after the semicolon; and 

10 (iii) by adding at the end the fol11 lowing: 

12 ‘‘(v) effective practices for integrated 

13 English literacy and civics education pro14 grams;’’; 

15 (B) by striking subparagraph (D) and in16 serting the following: 

17 ‘‘(D) to collect and disseminate informa18 tion on methods of advancing education and lit19 eracy that show great promise for adults eligi20 ble for services under this title;’’; 

21 (C) by striking subparagraph (E) and in22 serting the following: 

23 ‘‘(E) to provide policy and technical assist24 ance to Federal, State, and local organizations 

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1 for the improvement of adult education, lit2 eracy, and workplace skills services;’’; 

3 (D) in subparagraph (G), by inserting 

4 ‘‘and integrated English literacy and civics edu5 cation programs’’ after ‘‘workforce investment 

6 activities’’; 

7 (E) in subparagraph (H), by striking 

8 ‘‘and’’ after the semicolon; 

9 (F) in subparagraph (I), by striking the 

10 period and inserting a semicolon; and 

11 (G) by adding at the end the following: 

12 ‘‘(J) to carry out section 306 of the Adult 

13 Education and Economic Growth Act of 2009; 

14 and 

15 ‘‘(K) not later than 4 years after the date 

16 of enactment of the Adult Education and Eco17 nomic Growth Act of 2009, to conduct an eval18 uation and submit a report to the Interagency 

19 Group, the Committee on Health, Education, 

20 Labor, and Pensions of the Senate, and the 

21 Committee on Education and Labor of the 

22 House of Representatives on the effectiveness of 

23 programs funded under this title in achieving 

24 the purpose described in section 202, which 

25 evaluation and report shall include— 

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1 ‘‘(i) a longitudinal study of outcomes 

2 for adult learners served under programs 

3 under this title; 

4 ‘‘(ii) an analysis of the adequacy of 

5 the performance measures identified in sec6 tion 212; and 

7 ‘‘(iii) recommendations for improved 

8 performance measures and on how to im9 prove program effectiveness.’’; and 

10 (5) in subsection (e)— 

11 (A) in the heading, by striking ‘‘NATIONAL

12 INSTITUTE FOR LITERACY ADVISORY BOARD’’ 

13 and inserting ‘‘NATIONAL INSTITUTE FOR

14 ADULT EDUCATION, LITERACY, AND WORK15 PLACE SKILLS ADVISORY BOARD’’; and 

16 (B) in paragraph (1)(A), by striking ‘‘Na17 tional Institute for Literacy Advisory Board’’ 

18 and inserting ‘‘National Institute for Adult 

19 Education, Literacy, and Workplace Skills Ad20 visory Board’’. 

21 SEC. 214. NATIONAL LEADERSHIP ACTIVITIES. 

22 Section 243 of the Adult Education and Family Lit23 eracy Act (20 U.S.C. 9253) is amended to read as follows: 

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1 ‘‘SEC. 243. NATIONAL LEADERSHIP ACTIVITIES. 

2 ‘‘The Secretary shall establish and carry out a pro3 gram of national leadership activities to improve the qual4 ity and outcomes of adult education, literacy, and work5 place skills programs nationwide. Such activities shall in6 clude the following: 

7 ‘‘(1) Technical assistance, which may include— 

8 ‘‘(A) assistance to eligible providers in de9 veloping and using certification systems, per10 formance measures, and data systems for the 

11 improvement of adult education, literacy, and 

12 workplace skills activities, including family lit13 eracy services, transition to postsecondary edu14 cation or career pathways, and integrated 

15 English literacy and civics education programs; 

16 ‘‘(B) assistance related to professional de17 velopment activities and assistance for the pur18 pose of developing, improving, identifying, and 

19 disseminating the most successful methods and 

20 techniques for providing adult education, lit21 eracy, and workplace skills activities, including 

22 family literacy services, transition to postsec23 ondary education or career pathways, and inte24 grated English literacy and civics education 

25 programs, based on scientific evidence where 

26 available; or 

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1 ‘‘(C) assistance in distance learning and 

2 promoting and improving the use of technology 

3 in the classroom. 

4 ‘‘(2) National demonstration projects for im5 proving adult education, literacy, and workplace 

6 skills services, which may include projects that— 

7 ‘‘(A) accelerate learning outcomes for adult 

8 learners with the lowest literacy levels; 

9 ‘‘(B) promote career pathways; 

10 ‘‘(C) allow dual enrollment in adult sec11 ondary education and credit bearing postsec12 ondary coursework; 

13 ‘‘(D) provide integrated education and 

14 training services; 

15 ‘‘(E) build capacity to enhance the inten16 sity of adult education, literacy, and workplace 

17 skills services; 

18 ‘‘(F) establish partnerships to improve the 

19 quality of and expand adult education, literacy, 

20 and workplace skills services to more adults; 

21 ‘‘(G) provide professional development op22 portunities to adult education, literacy, and 

23 workplace skills service providers; 

24 ‘‘(H) develop new curricula and methods of 

25 instruction that improve learning outcomes in 

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1 adult education, literacy, and workplace skills 

2 programs; and 

3 ‘‘(I) provide integrated English literacy 

4 and civics education program instruction. 

5 ‘‘(3) Dissemination of the results and best prac6 tices identified in the national demonstration 

7 projects described in paragraph (2). 

8 ‘‘(4) Program evaluation and data collection 

9 and reporting.’’. 

10 SEC. 215. INTEGRATED ENGLISH LITERACY AND CIVICS 

11 EDUCATION PROGRAMS. 

12 Chapter 4 of subtitle A of the Adult Education and 

13 Family Literacy Act (20 U.S.C. 9251 et seq.) is amended 

14 by adding at the end the following: 

15 ‘‘SEC. 244. INTEGRATED ENGLISH LITERACY AND CIVICS 

16 EDUCATION PROGRAMS. 

17 ‘‘(a) IN GENERAL.—From funds reserved under sec18 tion 211(a)(4) for each fiscal year, the Secretary shall 

19 award grants to States, in accordance with the allocations 

20 under subsection (b), for integrated English literacy and 

21 civics education programs. 

22 ‘‘(b) ALLOCATIONS.— 

23 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

24 of the funds described in subsection (a), the Sec25 retary shall allocate— 

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1 ‘‘(A) 65 percent to States on the basis of 

2 a State’s need for integrated English and civics 

3 education programs, as determined by calcu4 lating each State’s share of a 10-year average 

5 of the data compiled by the Office of Immigra6 tion Statistics of the Department of Homeland 

7 Security, for immigrants admitted for lawful 

8 permanent residence for the 10 most recent 

9 years; and 

10 ‘‘(B) 35 percent to States on the basis of 

11 whether the State experienced growth, as meas12 ured by the average of the 3 most recent years 

13 for which data compiled by the Office of Immi14 gration Statistics of the Department of Home15 land Security are available, for immigrants ad16 mitted for lawful permanent residence. 

17 ‘‘(2) MINIMUM.—No State shall receive an allo18 cation under paragraph (1) for a fiscal year in an 

19 amount that is less than $60,000.’’. 

20 TITLE III—21ST CENTURY TECH21 NOLOGY AND SKILLS FOR 

22 ADULT LEARNERS 

23 SEC. 301. PURPOSES. 

24 The purposes of this title are the following: 

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1 (1) To expand access to adult education serv2 ices through the use of technology. 

3 (2) To provide professional development for 

4 providers of adult education, literacy, and workplace 

5 skills services so that they are able to— 

6 (A) effectively use technology in the deliv7 ery of adult education, literacy, and workplace 

8 skills services; and 

9 (B) improve the quality of instruction and 

10 accelerate the— 

11 (i) achievement of basic educational 

12 skills, English language literacy, and sec13 ondary school equivalency or postsecondary 

14 education; and 

15 (ii) training readiness for adult learn16 ers. 

17 (3) To assist States in developing a 21st cen18 tury delivery system for adult education, literacy, 

19 and workplace skills services. 

20 (4) To assist adults in developing technology lit21 eracy. 

22 SEC. 302. DEFINITIONS. 

23 In this title: 

24 (1) ADULT EDUCATION TERMS.—The terms 

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1 vider’’, ‘‘Secretary’’, and ‘‘State’’ have the meanings 

2 given the terms in section 203 of the Adult Edu3 cation and Family Literacy Act (20 U.S.C. 9202). 

4 (2) DISTANCE EDUCATION.—The term ‘‘dis5 tance education’’ has the meaning given the term in 

6 section 103 of the Higher Education Act of 1965 

7 (20 U.S.C. 1003). 

8 (3) INSTITUTE.—The term ‘‘Institute’’ means 

9 the National Institute for Adult Education, Literacy, 

10 and Workplace Skills established under section 242 

11 of the Adult Education and Family Literacy Act (20 

12 U.S.C. 9252). 

13 (4) TECHNOLOGY LITERACY.—The term ‘‘tech14 nology literacy’’ means the knowledge and skills in 

15 using contemporary information, communication and 

16 learning technologies in a manner necessary for suc17 cessful lifelong learning and citizenship in the knowl18 edge-based, digital, and global 21st century, which 

19 includes the abilities— 

20 (A) to effectively communicate and collabo21 rate; 

22 (B) to analyze and solve problems; 

23 (C) to access, evaluate, manage, and create 

24 information and otherwise gain information lit25 eracy; and 

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1 (D) to do so in a safe and ethical manner. 

2 SEC. 303. RESERVATION OF FUNDS AND ALLOTMENTS. 

3 (a) RESERVATION OF FUNDS.—From the sums ap4 propriated under section 307 for a fiscal year, the Sec5 retary shall reserve 3 percent or $7,500,000 to carry out 

6 section 306, whichever amount is less. 

7 (b) ALLOTMENT OF REMAINDER.—From the sums 

8 remaining for a fiscal year after making the reservation 

9 under subsection (a), the Secretary shall allot— 

10 (1) 75 percent to carry out section 305; 

11 (2) 20 percent to carry out section 304; and 

12 (3) 5 percent for administrative costs in car13 rying out section 304. 

14 (c) ALLOTMENTS TO ELIGIBLE AGENCIES.— 

15 (1) IN GENERAL.—From the sums available to 

16 carry out section 304 for a fiscal year, the Secretary 

17 shall allot to each eligible agency with an approved 

18 application an amount that bears the same relation19 ship to such sums as the amount received under sec20 tion 211(c)(2) of the Adult Education and Family 

21 Literacy Act (20 U.S.C. 9211(c)(2)) by such eligible 

22 agency bears to the amount received under such sec23 tion for such fiscal year by all eligible agencies. 

24 (2) MINIMUM ALLOTMENT.—No eligible agency 

25 shall receive an allotment under paragraph (1) for a 

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1 fiscal year in amount that is less than $100,000. If 

2 the amount appropriated to carry out section 304 

3 for a fiscal year is not sufficient to pay such min4 imum allotment, the amount of such minimum allot5 ments shall be ratably reduced. 

6 SEC. 304. GRANTS TO ELIGIBLE AGENCIES. 

7 (a) AUTHORIZATION OF GRANTS.—The Secretary 

8 shall award grants to eligible agencies from allotments 

9 under section 303(b). 

10 (b) APPLICATION.— 

11 (1) IN GENERAL.—Each eligible agency that de12 sires to receive a grant under this title shall submit 

13 an application to the Secretary at such time, in such 

14 manner, and accompanied by such information as 

15 the Secretary may require. 

16 (2) CONTENTS.—An application submitted 

17 under paragraph (1) shall contain the following: 

18 (A) A description of the eligible agency’s 

19 technology plan for the adult education system, 

20 including measurable goals to be achieved. 

21 (B) A description of how the eligible agen22 cy will provide technical assistance and support 

23 to local programs. 

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1 cation, literacy, and workplace skills services to 

2 more adults, including those in rural areas. 

3 (D) A description of the long-term goals 

4 and strategies for improved outcomes for adult 

5 learners. 

6 (E) A description of the professional devel7 opment activities to be undertaken. 

8 (F) A description of the performance 

9 benchmarks and how data will be collected. 

10 (G) A description of how the eligible agen11 cy will ensure that grants or contracts to eligi12 ble providers are of sufficient size and scope to 

13 achieve the purposes of this title. 

14 (c) ACTIVITIES.—An eligible agency that receives a 

15 grant under this title shall carry out the following: 

16 (1) Developing a statewide technology plan for 

17 the adult education system. 

18 (2) Providing professional development for 

19 adult education, literacy, and workplace skills service 

20 providers. 

21 (3) Providing access to curricula, instruction, 

22 and assessment for adult learners and eligible pro23 viders. 

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1 (4) Supporting the development of curricula 

2 and assessment tools for adult education, literacy, 

3 and workplace skills service providers. 

4 (5) Providing guidance and technical assistance 

5 to eligible providers. 

6 (6) Supporting innovative pilot projects such as 

7 the use of assistive technology to deliver content to 

8 adult learners. 

9 SEC. 305. GRANTS AND CONTRACTS TO ELIGIBLE PRO10 VIDERS. 

11 (a) AUTHORIZATION OF GRANTS AND CONTRACTS.— 

12 An eligible agency that receives a grant under this title 

13 shall award grants and contracts to eligible providers to 

14 carry out activities described in this section. 

15 (b) ELIGIBLE PROVIDER APPLICATION.—An eligible 

16 provider that desires to receive a grant or contract under 

17 this title shall submit an application to an eligible agency, 

18 which shall include— 

19 (1) a description of how the eligible provider 

20 will integrate technology into the eligible provider’s 

21 delivery of adult education, literacy, and workplace 

22 skills services; 

23 (2) a description of professional development 

24 activities to be undertaken; and 

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1 (3) a description of plans to regularly replace 

2 computers and servers that lack the functional capa3 bilities to process new online applications and serv4 ices, including video conferencing, video streaming, 

5 virtual simulations, and distance education courses. 

6 (c) ELIGIBLE PROVIDER ACTIVITIES.—An eligible 

7 provider that receives a grant or contract under this title 

8 shall carry out the following: 

9 (1) Acquiring and effectively implementing 

10 technology tools, applications, and other resources in 

11 conjunction with enhancing or redesigning adult 

12 education, literacy, and workplace skills curricula to 

13 increase adult learning outcomes and improve adult 

14 technology literacy. 

15 (2) Acquiring and effectively implementing 

16 technology tools, applications, and other resources 

17 to— 

18 (A) conduct on-going assessments and use 

19 other timely data systems to more effectively 

20 identify individual learning needs and guide 

21 personalized instruction, learning, and appro22 priate interventions that address those person23 alized student learning needs; and 

24 (B) support individualized learning, includ25 ing through instructional software and digital 

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1 content that support the learning needs of each 

2 student or through providing access to high 

3 quality courses and instructors, especially in 

4 rural areas. 

5 (3) Providing professional development activi6 ties for providers of adult education, literacy, and 

7 workplace skills services that includes— 

8 (A) training that is on-going, sustainable, 

9 timely, and directly related to delivering adult 

10 education, literacy, and workplace skills serv11 ices; 

12 (B) training in strategies and pedagogy in 

13 the delivery of adult education, literacy, and 

14 workplace skills services that involves the use of 

15 technology and curriculum redesign as key com16 ponents of changing teaching and learning and 

17 improving outcomes for adult learners; 

18 (C) training in the use of technology to en19 sure that providers of adult education, literacy, 

20 and workplace skills services are able to use 

21 technology for data analysis to enable individ22 ualized instruction and to use technology to im23 prove technology literacy for adult learners; and 

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1 (D) training that includes on-going com2 munication and follow-up with instructors, 

3 facilitators, and peers. 

4 (4) Acquisition and implementation of tech5 nology tools, applications, and other resources to be 

6 employed in professional development activities. 

7 SEC. 306. NATIONAL ADULT LEARNING AND TECHNOLOGY 

8 RESOURCE CENTER. 

9 (a) IN GENERAL.—The Institute shall establish and 

10 maintain the National Adult Learning and Technology 

11 Resource Center (referred to in this section as the ‘‘Cen12 ter’’). 

13 (b) DUTIES OF THE CENTER.—The Center shall— 

14 (1) develop frameworks for technology-based 

15 learning and professional development materials for 

16 adult education, literacy, and workplace skills; 

17 (2) develop frameworks for performance meas18 ures for technology literacy; 

19 (3) provide technical assistance to eligible enti20 ties and eligible providers of adult education, lit21 eracy, and workplace skills; 

22 (4) support distance education for professional 

23 development for eligible entities and eligible pro24 viders of adult education, literacy, and workplace 

25 skills services; 

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1 (5) support the innovative uses of technology, 

2 such as the use of assistive technology, to deliver 

3 content to adult learners; and 

4 (6) be accessible to the public through the 

5 website of the Institute. 

6 SEC. 307. AUTHORIZATION OF APPROPRIATIONS. 

7 There are authorized to be appropriated to carry out 

8 this title $250,000,000 for fiscal year 2010 and such sums 

9 as may be necessary for each succeeding fiscal year. 

10 TITLE IV—RESEARCH IN ADULT 

11 EDUCATION 

12 SEC. 401. RESEARCH IN ADULT EDUCATION. 

13 (a) IN GENERAL.—Section 133(c)(2)(A) of the Edu14 cation Sciences Reform Act of 2002 (20 U.S.C. 

15 9533(c)(2)(A)) is amended by inserting ‘‘education and’’ 

16 before ‘‘literacy’’. 

17 (b) NATIONAL RESEARCH AND DEVELOPMENT CEN18 TER.— 

19 (1) IN GENERAL.—The Secretary of Education 

20 shall direct the Commissioner for Education Re21 search of the National Center for Education Re22 search established pursuant to section 131 of the 

23 Education Sciences Reform Act of 2002 (20 U.S.C. 

24 9531) to establish a national research and develop25 ment center for adult education, literacy, and workmstockstill on DSKH9S0YB1PROD with BILLS

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1 place skills as described in section 133(c)(2)(A) of 

2 such Act (20 U.S.C. 9533(c)(2)(A)). 

3 (2) PROVISION FOR EXPANSION OF RE4 SEARCH.—If, as of the date of the enactment of this 

5 Act, the Commissioner for Education Research of 

6 the National Center for Education Research has es7 tablished a center for adult literacy in accordance 

8 with section 133(c)(2)(A) of the Education Sciences 

9 Reform Act of 2002 (20 U.S.C. 9533(c)(2)(A)), the 

10 Commissioner shall expand the topic of research of 

11 such center to include adult education, in accordance 

12 with the amendment made by subsection (a). 

13 TITLE V—EMPLOYER 

14 INCENTIVES 

15 SEC. 501. CREDIT FOR EMPLOYER EDUCATIONAL ASSIST16 ANCE PROGRAMS. 

17 (a) IN GENERAL.—Subpart D of part IV of sub18 chapter A of chapter 1 of the Internal Revenue Code of 

19 1986 is amended by adding at the end the following new 

20 section: 

21 ‘‘SEC. 45R. CREDIT FOR EMPLOYER EDUCATIONAL ASSIST22 ANCE PROGRAMS. 

23 ‘‘(a) GENERAL RULE.—For purposes of section 38, 

24 in the case of an employer, the employer educational as25 sistance program credit determined under this section for 

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1 the taxable year is an amount equal to 50 percent of the 

2 qualified educational assistance expenses paid or incurred 

3 by the taxpayer to or on behalf of any employee of the 

4 taxpayer during the taxable year, regardless if the pro5 gram is provided at the workplace or outside of the work6 place. 

7 ‘‘(b) LIMITATIONS.— 

8 ‘‘(1) PER EMPLOYEE LIMITATION.—The 

9 amount of the qualified educational assistance ex10 penses taken into account under subsection (a) with 

11 respect to any employee for the taxable year shall 

12 not exceed $5,250. 

13 ‘‘(2) TOTAL LIMITATION.—The aggregate 

14 amount of the qualified educational assistance ex15 penses taken into account under subsection (a) with 

16 respect to all employees of the taxpayer for the tax17 able year shall not exceed the average of the aggre18 gate qualified educational assistance expenses with 

19 respect to all employees of the taxpayer taken into 

20 account under subsection (a) in the 3 taxable years 

21 preceding such taxable year. 

22 ‘‘(3) TRANSITION RULE.— 

23 ‘‘(A) IN GENERAL.—In the case of a tax24 able year in which qualified educational assist25 ance expenses of the taxpayer have not been 

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1 taken into account under subsection (a) for 

2 each of the 3 taxable years preceding such tax3 able year, the aggregate amount of the qualified 

4 educational assistance expenses taken into ac5 count under subsection (a) with respect to all 

6 employees of the taxpayer for such taxable year 

7 shall not exceed the average of the sum of— 

8 ‘‘(i) the aggregate qualified edu9 cational assistance expenses with respect to 

10 all employees of the taxpayer taken into 

11 account under subsection (a) in any of the 

12 3 taxable years preceding such taxable 

13 year, plus 

14 ‘‘(ii) the aggregate amount of 

15 amounts paid or expenses incurred by the 

16 employer, for which an exclusion was al17 lowable to any employee of the employer 

18 under section 127, in any of such 3 taxable 

19 years in which no expenses were taken into 

20 account under subsection (a), plus 

21 ‘‘(iii) in the case of a taxable year in 

22 which expenses have not been taken into 

23 account under subsection (a) or section 

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1 ceding such taxable year, an amount equal 

2 to— 

3 ‘‘(I) $5,250, multiplied by 

4 ‘‘(II) the number of employees of 

5 the taxpayer with respect to which the 

6 taxpayer has qualified educational as7 sistance expenses in such taxable year. 

8 ‘‘(c) QUALIFIED EDUCATIONAL ASSISTANCE EX9 PENSES.—For purposes of this section— 

10 ‘‘(1) IN GENERAL.—The term ‘qualified edu11 cational assistance expenses’ means expenses paid 

12 for educational assistance pursuant to an edu13 cational assistance program (within the meaning of 

14 section 127(b)). 

15 ‘‘(2) EDUCATIONAL ASSISTANCE.—The term 

16 ‘educational assistance’ has the meaning given such 

17 term by section 127(c)(1), applied without regard to 

18 subparagraph (B) thereof, except that such term in19 cludes a payment only if such payment is made with 

20 respect to an employee enrolled in a program pro21 vided at the workplace or outside of the workplace— 

22 ‘‘(A) leading to a sub-baccalaureate degree 

23 or career technical certificate awarded by an ac24 credited postsecondary institution; or 

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1 ‘‘(B) in basic education, workplace skills, 

2 or English language training leading to a na3 tionally recognized certificate of proficiency. 

4 ‘‘(d) OTHER DEFINITIONS AND SPECIAL RULES.— 

5 Rules similar to the rules of paragraphs (2) through (5) 

6 of section 127(c) shall apply for purposes of this section. 

7 ‘‘(e) DENIAL OF DOUBLE BENEFIT.—No deduction 

8 or other credit shall be allowed under this chapter to an 

9 employer for any amount taken into account in deter10 mining the credit under this section.’’. 

11 (b) CREDIT INCLUDED IN GENERAL BUSINESS

12 CREDIT.—Section 38(b) of the Internal Revenue Code of 

13 1986 is amended by striking ‘‘plus’’ at the end of para14 graph (34), by striking the period at the end of paragraph 

15 (35) and inserting ‘‘, plus’’, and by adding at the end the 

16 following new paragraph: 

17 ‘‘(36) the employer educational assistance pro18 gram credit determined under section 45R(a).’’. 

19 (c) CLERICAL AMENDMENT.—The table of sections 

20 for subpart D of part IV of subchapter A of chapter 1 

21 of the Internal Revenue Code of 1986 is amended by add22 ing at the end the following new item: 

‘‘Sec. 45R. Credit for employer educational assistance programs.’’. 

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1 (d) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to expenses relating to courses of 

3 instruction beginning after December 31, 2009. 

Æ 

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