187 
‘‘(ii) the purchase of equipment to 
train job seekers and workers for high- 
growth occupations in the region; and 
‘‘(C) activities to enhance training and re-
lated activities and to promote workforce devel-
opment in the region, including— 
‘‘(i) the development and implementa-
tion of model activities, such as developing 
appropriate curricula to build core com-
petencies and train workers in the region; 
‘‘(ii) identifying and disseminating ca-
reer and skill information relating to the 
region; 
‘‘(iii) developing or purchasing re-
gional data tools or systems to deepen un-
derstanding of the regional economy and 
labor market; and 
‘‘(iv) integrated regional planning, 
such as increasing the integration of com-
munity and technical college activities with 
activities of businesses and the public 
workforce investment system to meet the 
training needs of businesses in the re-
gion.’’. 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00187
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
188 
SEC. 131. GENERAL PROGRAM REQUIREMENTS. 
Section 195 (29 U.S.C. 2945) is amended— 
(1) in paragraph (7) by inserting at the end the 
following: 
‘‘(D) Funds received by a public or private 
nonprofit entity that are not described in para-
graph (B), such as funds privately raised from 
philanthropic foundations, businesses, or other 
private entities, shall not be considered to be in-
come under this title and shall not be subject 
to the requirements of this section.’’; 
(2) by adding at the end the following new 
paragraphs: 
‘‘(14) Funds provided under this title shall not 
be used to establish or operate stand-alone fee-for- 
service enterprises that compete with private sector 
employment agencies within the meaning of section 
701(c) of the Civil Rights Act of 1964 (42 U.S.C. 
2000e(c)). For purposes of this paragraph, such an 
enterprise does not include one-stop centers. 
‘‘(15) Any report required to be submitted to 
Congress, or to a Committee of Congress, under this 
title shall be submitted to both the chairmen and 
ranking minority members of the Committee on 
Education and Labor of the House of Representa-
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00188
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
189 
tives and the Committee on Health, Education, 
Labor, and Pensions of the Senate.’’. 
TITLE 
II—ADULT 
EDUCATION, 
BASIC SKILLS, AND FAMILY 
LITERACY EDUCATION 
SEC. 201. TABLE OF CONTENTS. 
The table of contents in section 1(b) is amended by 
amending the items relating to title II to read as follows: 
‘‘TITLE II—ADULT EDUCATION, BASIC SKILLS, AND FAMILY 
LITERACY EDUCATION 
‘‘Sec. 201. Short title. 
‘‘Sec. 202. Purpose. 
‘‘Sec. 203. Definitions. 
‘‘Sec. 204. Home schools. 
‘‘Sec. 205. Authorization of appropriations. 
‘‘CHAPTER 1—FEDERAL PROVISIONS 
‘‘Sec. 211. Reservation of funds; grants to eligible agencies; allotments. 
‘‘Sec. 212. Performance accountability system. 
‘‘Sec. 213. Incentive grants for States. 
‘‘CHAPTER 2—STATE PROVISIONS 
‘‘Sec. 221. State administration. 
‘‘Sec. 222. State distribution of funds; matching requirement. 
‘‘Sec. 223. State leadership activities. 
‘‘Sec. 224. State plan. 
‘‘Sec. 225. Programs for corrections education and other institutionalized indi-
viduals. 
‘‘CHAPTER 3—LOCAL PROVISIONS 
‘‘Sec. 231. Grants and contracts for eligible providers. 
‘‘Sec. 232. Local application. 
‘‘Sec. 233. Local administrative cost limits. 
‘‘CHAPTER 4—GENERAL PROVISIONS 
‘‘Sec. 241. Administrative provisions. 
‘‘Sec. 242. National Institute for Literacy. 
‘‘Sec. 243. National leadership activities.’’. 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00189
Fmt 6652
Sfmt 6211
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
190 
SEC. 202. AMENDMENT. 
Title II (29 U.S.C. 2901 et seq.) is amended to read 
as follows: 
‘‘TITLE II—ADULT EDUCATION, 
BASIC SKILLS, AND FAMILY 
LITERACY EDUCATION 
‘‘SEC. 201. SHORT TITLE. 
‘‘This title may be cited as the ‘Adult Education, 
Basic Skills, and Family Literacy Education Act’. 
‘‘SEC. 202. PURPOSE. 
‘‘It is the purpose of this title to provide instructional 
opportunities for adults seeking to improve their literacy 
skills, including their basic reading, writing, speaking, and 
math skills, and support States and local communities in 
providing, on a voluntary basis, adult education, basic 
skills, and family literacy education programs, in order 
to— 
‘‘(1) increase the literacy of adults, including 
the basic reading, writing, speaking, and math skills, 
to a level of proficiency necessary for adults to ob-
tain employment and self-sufficiency and to success-
fully advance in the workforce; 
‘‘(2) assist adults in the completion of a sec-
ondary school education (or its equivalent) and the 
transition to a postsecondary educational institution; 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00190
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
191 
‘‘(3) assist adults who are parents to enable 
them to support the educational development of their 
children and make informed choices regarding their 
children’s education including, through instruction in 
basic reading, writing, speaking, and math skills; 
and 
‘‘(4) assist immigrants who are not proficient in 
English in improving their reading, writing, speak-
ing, and math skills and acquiring an understanding 
of the American free enterprise system, individual 
freedom, and the responsibilities of citizenship. 
‘‘SEC. 203. DEFINITIONS. 
‘‘In this title: 
‘‘(1) ADULT EDUCATION, BASIC SKILLS, AND 
FAMILY
LITERACY
EDUCATION
PROGRAMS.—The 
term ‘adult education, basic skills, and family lit-
eracy education programs’ means a sequence of aca-
demic instruction and educational services below the 
postsecondary level that increase an individual’s abil-
ity to read, write, and speak in English and perform 
mathematical computations leading to a level of pro-
ficiency equivalent to at least a secondary school 
completion that is provided for individuals— 
‘‘(A) who are at least 16 years of age; 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00191
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
192 
‘‘(B) who are not enrolled or required to be 
enrolled in secondary school under State law; 
and 
‘‘(C) who— 
‘‘(i) lack sufficient mastery of basic 
reading, writing, speaking, and math skills 
to enable the individuals to function effec-
tively in society; 
‘‘(ii) do not have a secondary school 
diploma, General Educational Development 
credential (GED), or other State-recog-
nized equivalent and have not achieved an 
equivalent level of education; or 
‘‘(iii) are unable to read, write, or 
speak the English language. 
‘‘(2) ELIGIBLE
AGENCY.—The term ‘eligible 
agency’— 
‘‘(A) means the primary entity or agency 
in a State or an outlying area responsible for 
administering or supervising policy for adult 
education, basic skills, and family literacy edu-
cation programs in the State or outlying area, 
respectively, consistent with the law of the 
State or outlying area, respectively; and 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00192
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
193 
‘‘(B) may be the State educational agency, 
the State agency responsible for administering 
workforce investment activities, or the State 
agency responsible for administering community 
or technical colleges. 
‘‘(3) ELIGIBLE PROVIDER.—The term ‘eligible 
provider’ means— 
‘‘(A) a local educational agency; 
‘‘(B) a community-based or faith-based or-
ganization of demonstrated effectiveness; 
‘‘(C) a volunteer literacy organization of 
demonstrated effectiveness; 
‘‘(D) an institution of higher education; 
‘‘(E) a public or private educational agen-
cy; 
‘‘(F) a library; 
‘‘(G) a public housing authority; 
‘‘(H) an institution that is not described in 
any of subparagraphs (A) through (G) and has 
the ability to provide adult education, basic 
skills, and family literacy education programs to 
adults and families; or 
‘‘(I) a consortium of the agencies, organi-
zations, institutions, libraries, or authorities de-
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00193
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
194 
scribed in any of subparagraphs (A) through 
(H). 
‘‘(4) ENGLISH
LANGUAGE
ACQUISITION
PRO-
GRAM.—The term ‘English language acquisition pro-
gram’ means a program of instruction designed to 
help individuals with limited English proficiency 
achieve competence in reading, writing, and speaking 
the English language. 
‘‘(5) ESSENTIAL COMPONENTS OF READING IN-
STRUCTION.—The term ‘essential components of 
reading instruction’ has the meaning given to that 
term in section 1208 of the Elementary and Sec-
ondary Education Act of 1965. 
‘‘(6) 
FAMILY
LITERACY
EDUCATION
PRO-
GRAM.—The term ‘family literacy education pro-
gram’ means an educational program that— 
‘‘(A) assists parents and students, on a 
voluntary basis, in achieving the purposes of 
this title as described in section 202; and 
‘‘(B) is of sufficient intensity in terms of 
hours and of sufficient duration to make sus-
tainable changes in a family, is based upon sci-
entifically based research, and, for the purpose 
of substantially increasing the ability of parents 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00194
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
195 
and children to read, write, and speak English, 
integrates— 
‘‘(i) interactive literacy activities be-
tween parents and their children; 
‘‘(ii) training for parents regarding 
how to be the primary teacher for their 
children and full partners in the education 
of their children; 
‘‘(iii) parent literacy training that 
leads to economic self-sufficiency; and 
‘‘(iv) an age-appropriate education to 
prepare children for success in school and 
life experiences. 
‘‘(7) GOVERNOR.—The term ‘Governor’ means 
the chief executive officer of a State or outlying 
area. 
‘‘(8) INDIVIDUAL WITH A DISABILITY.— 
‘‘(A) IN GENERAL.—The term ‘individual 
with a disability’ means an individual with any 
disability (as defined in section 3 of the Ameri-
cans with Disabilities Act of 1990). 
‘‘(B) INDIVIDUALS WITH DISABILITIES.— 
The term ‘individuals with disabilities’ means 
more than one individual with a disability. 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00195
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
196 
‘‘(9) INDIVIDUAL WITH LIMITED ENGLISH PRO-
FICIENCY.—The 
term 
‘individual 
with 
limited 
English proficiency’ means an adult or out-of-school 
youth who has limited ability in reading, writing, 
speaking, or understanding the English language, 
and— 
‘‘(A) whose native language is a language 
other than English; or 
‘‘(B) who lives in a family or community 
environment where a language other than 
English is the dominant language. 
‘‘(10) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given to that term in section 101 of the 
Higher Education Act of 1965. 
‘‘(11) LITERACY.—The term ‘literacy’ means an 
individual’s ability to read, write, and speak in 
English, compute, and solve problems at a level of 
proficiency necessary to obtain employment and to 
successfully make the transition to postsecondary 
education. 
‘‘(12) LOCAL
EDUCATIONAL
AGENCY.—The 
term ‘local educational agency’ has the meaning 
given to that term in section 9101 of the Elemen-
tary and Secondary Education Act of 1965. 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00196
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
197 
‘‘(13) OUTLYING
AREA.—The term ‘outlying 
area’ has the meaning given to that term in section 
101 of this Act. 
‘‘(14) POSTSECONDARY EDUCATIONAL INSTITU-
TION.—The term ‘postsecondary educational institu-
tion’ means— 
‘‘(A) an institution of higher education 
that provides not less than a 2-year program of 
instruction that is acceptable for credit toward 
a bachelor’s degree; 
‘‘(B) a tribally controlled community col-
lege; or 
‘‘(C) a nonprofit educational institution of-
fering certificate or apprenticeship programs at 
the postsecondary level. 
‘‘(15) READING.—The term ‘reading’ has the 
meaning given to that term in section 1208 of the 
Elementary and Secondary Education Act of 1965. 
‘‘(16) SCIENTIFICALLY
BASED
RESEARCH.— 
The term ‘scientifically based research’ has the 
meaning given to that term in section 9101 of the 
Elementary and Secondary Education Act of 1965. 
‘‘(17) 
SECRETARY.—The 
term 
‘Secretary’ 
means the Secretary of Education. 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00197
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
198 
‘‘(18) STATE.—The term ‘State’ means each of 
the several States of the United States, the District 
of Columbia, and the Commonwealth of Puerto Rico. 
‘‘(19) STATE
EDUCATIONAL
AGENCY.—The 
term ‘State educational agency’ has the meaning 
given to that term in section 9101 of the Elemen-
tary and Secondary Education Act of 1965. 
‘‘(20) WORKPLACE LITERACY PROGRAM.—The 
term ‘workplace literacy program’ means an edu-
cational program that is offered in collaboration be-
tween eligible providers and employers or employee 
organizations for the purpose of improving the pro-
ductivity of the workforce through the improvement 
of reading, writing, speaking, and math skills. 
‘‘SEC. 204. HOME SCHOOLS. 
‘‘Nothing in this title shall be construed to affect 
home schools, whether or not a home school is treated as 
a home school or a private school under State law, or to 
compel a parent engaged in home schooling to participate 
in an English language acquisition program, a family lit-
eracy education program, or an adult education, basic 
skills, and family literacy education program. 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00198
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
199 
‘‘SEC. 205. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out 
this title $590,127,000 for fiscal year 2008 and such sums 
as may be necessary for fiscal years 2009 through 2012. 
‘‘CHAPTER 1—FEDERAL PROVISIONS 
‘‘SEC. 211. RESERVATION OF FUNDS; GRANTS TO ELIGIBLE 
AGENCIES; ALLOTMENTS. 
‘‘(a) RESERVATION OF FUNDS.—From the sums ap-
propriated under section 205 for a fiscal year, the Sec-
retary— 
‘‘(1) shall reserve up to 1.72 percent for incen-
tive grants under section 213; 
‘‘(2) shall reserve 1.75 percent to carry out sec-
tion 242; and 
‘‘(3) shall reserve up to 1.55 percent to carry 
out section 243. 
‘‘(b) GRANTS TO ELIGIBLE AGENCIES.— 
‘‘(1) IN
GENERAL.—From the sums appro-
priated under section 205 and not reserved under 
subsection (a) for a fiscal year, the Secretary shall 
award a grant to each eligible agency having a State 
plan approved under section 224 in an amount equal 
to the sum of the initial allotment under subsection 
(c)(1) and the additional allotment under subsection 
(c)(2) for the eligible agency for the fiscal year, sub-
ject to subsections (f) and (g). 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00199
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
200 
‘‘(2) PURPOSE
OF
GRANTS.—The Secretary 
may award a grant under paragraph (1) only if the 
eligible agency involved agrees to expend the grant 
in accordance with the provisions of this title. 
‘‘(c) ALLOTMENTS.— 
‘‘(1) INITIAL
ALLOTMENTS.—From the sums 
appropriated under section 205 and not reserved 
under subsection (a) for a fiscal year, the Secretary 
shall allot to each eligible agency having a State 
plan approved under section 224— 
‘‘(A) $100,000, in the case of an eligible 
agency serving an outlying area; and 
‘‘(B) $250,000, in the case of any other el-
igible agency. 
‘‘(2) ADDITIONAL
ALLOTMENTS.—From the 
sums appropriated under section 205, not reserved 
under subsection (a), and not allotted under para-
graph (1), for a fiscal year, the Secretary shall allot 
to each eligible agency that receives an initial allot-
ment under paragraph (1) an additional amount 
that bears the same relationship to such sums as the 
number of qualifying adults in the State or outlying 
area served by the eligible agency bears to the num-
ber of such adults in all States and outlying areas. 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00200
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
201 
‘‘(d) QUALIFYING ADULT.—For the purpose of sub-
section (c)(2), the term ‘qualifying adult’ means an adult 
who— 
‘‘(1) is at least 16 years of age; 
‘‘(2) is beyond the age of compulsory school at-
tendance under the law of the State or outlying 
area; 
‘‘(3) does not have a secondary school diploma, 
General Educational Development credential (GED), 
or other State-recognized equivalent; and 
‘‘(4) is not enrolled in secondary school. 
‘‘(e) SPECIAL RULE.— 
‘‘(1) IN GENERAL.—From amounts made avail-
able under subsection (c) for the Republic of Palau, 
the Secretary shall award grants to Guam, American 
Samoa, the Commonwealth of the Northern Mariana 
Islands, or the Republic of Palau to carry out activi-
ties described in this title in accordance with the 
provisions of this title as determined by the Sec-
retary. 
‘‘(2) TERMINATION OF ELIGIBILITY.—Notwith-
standing any other provision of law, the Republic of 
Palau shall be eligible to receive a grant under this 
title until an agreement for the extension of United 
States education assistance under the Compact of 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00201
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
202 
Free Association for the Republic of Palau becomes 
effective. 
‘‘(3) ADMINISTRATIVE COSTS.—The Secretary 
may provide not more than 5 percent of the funds 
made available for grants under this subsection to 
pay the administrative costs of the Pacific Region 
Educational Laboratory regarding activities assisted 
under this subsection. 
‘‘(f) HOLD-HARMLESS PROVISIONS.— 
‘‘(1) IN GENERAL.—Notwithstanding subsection 
(c), and subject to paragraphs (2) and (3), for fiscal 
year 2008 and each succeeding fiscal year, no eligi-
ble agency shall receive an allotment under this title 
that is less than 90 percent of the allotment the eli-
gible agency received for the preceding fiscal year 
under this title. 
‘‘(2) EXCEPTION.—An eligible agency that re-
ceives for the preceding fiscal year only an initial al-
lotment under subsection (c)(1) (and no additional 
allotment under subsection (c)(2)) shall receive an 
allotment equal to 100 percent of the initial allot-
ment. 
‘‘(3) RATABLE REDUCTION.—If for any fiscal 
year the amount available for allotment under this 
title is insufficient to satisfy the provisions of para-
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00202
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
203 
graph (1), the Secretary shall ratably reduce the 
payments to all eligible agencies, as necessary. 
‘‘(g) REALLOTMENT.—The portion of any eligible 
agency’s allotment under this title for a fiscal year that 
the Secretary determines will not be required for the pe-
riod such allotment is available for carrying out activities 
under this title, shall be available for reallotment from 
time to time, on such dates during such period as the Sec-
retary shall fix, to other eligible agencies in proportion to 
the original allotments to such agencies under this title 
for such year. 
‘‘SEC. 212. PERFORMANCE ACCOUNTABILITY SYSTEM. 
‘‘(a) PURPOSE.—The purpose of this section is to es-
tablish a comprehensive performance accountability sys-
tem, composed of the activities described in this section, 
to assess the effectiveness of eligible agencies in achieving 
continuous improvement of adult education, basic skills, 
and family literacy education programs funded under this 
title, in order to optimize the return on investment of Fed-
eral funds in adult education, basic skills, and family lit-
eracy education programs. 
‘‘(b) ELIGIBLE
AGENCY
PERFORMANCE
MEAS-
URES.— 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00203
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
205 
‘‘(iii) Placement in postsecondary edu-
cation or other training programs. 
‘‘(B) EMPLOYMENT
PERFORMANCE
INDI-
CATORS.—Consistent with applicable Federal 
and State privacy laws, an eligible agency shall 
identify in the State plan the following indi-
vidual participant employment performance in-
dicators: 
‘‘(i) Entry into employment. 
‘‘(ii) Retention in employment. 
‘‘(iii) Increase in earnings. 
‘‘(3) LEVELS OF PERFORMANCE.— 
‘‘(A) ELIGIBLE AGENCY ADJUSTED LEVELS 
OF PERFORMANCE FOR CORE INDICATORS.— 
‘‘(i) IN GENERAL.—For each eligible 
agency submitting a State plan, there shall 
be established, in accordance with this sub-
paragraph, levels of performance for each 
of the core indicators of performance de-
scribed in paragraph (2)(A) for adult edu-
cation, basic skills, and family literacy edu-
cation programs authorized under this 
title. The levels of performance established 
under this subparagraph shall, at a min-
imum— 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00205
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
206 
‘‘(I) be expressed in an objective, 
quantifiable, and measurable form; 
and 
‘‘(II) show the progress of the el-
igible agency toward continuously and 
significantly improving the agency’s 
performance outcomes in an objective, 
quantifiable, and measurable form. 
‘‘(ii) 
IDENTIFICATION
IN
STATE 
PLAN.—Each eligible agency shall identify, 
in the State plan submitted under section 
224, expected levels of performance for 
each of the core indicators of performance 
for the first 3 program years covered by 
the State plan. 
‘‘(iii) 
AGREEMENT
ON
ELIGIBLE 
AGENCY ADJUSTED LEVELS OF PERFORM-
ANCE FOR FIRST 3 YEARS.—In order to en-
sure an optimal return on the investment 
of Federal funds in adult education, basic 
skills, and family literacy education pro-
grams authorized under this title, the Sec-
retary and each eligible agency shall reach 
agreement on levels of student perform-
ance for each of the core indicators of per-
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00206
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
207 
formance, for the first 3 program years 
covered by the State plan, taking into ac-
count the levels identified in the State plan 
under clause (ii) and the factors described 
in clause (iv). The levels agreed to under 
this clause shall be considered to be the eli-
gible agency adjusted levels of performance 
for the eligible agency for such years and 
shall be incorporated into the State plan 
prior to the approval of such plan. 
‘‘(iv) FACTORS.—The agreement de-
scribed in clause (iii) or (v) shall take into 
account— 
‘‘(I) how the levels involved com-
pare with the eligible agency’s ad-
justed levels of performance, taking 
into account factors including the 
characteristics of participants when 
the participants entered the program; 
and 
‘‘(II) the extent to which such 
levels promote continuous and signifi-
cant improvement in performance on 
the student proficiency measures used 
by such eligible agency and ensure op-
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00207
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
208 
timal return on the investment of 
Federal funds. 
‘‘(v) AGREEMENT ON ELIGIBLE AGEN-
CY ADJUSTED LEVELS OF PERFORMANCE 
FOR SECOND 3 YEARS.—Prior to the fourth 
program year covered by the State plan, 
the Secretary and each eligible agency 
shall reach agreement on levels of student 
performance for each of the core indicators 
of performance for the fourth, fifth, and 
sixth program years covered by the State 
plan, taking into account the factors de-
scribed in clause (iv). The levels agreed to 
under this clause shall be considered to be 
the eligible agency adjusted levels of per-
formance for the eligible agency for such 
years and shall be incorporated into the 
State plan. 
‘‘(vi) REVISIONS.—If unanticipated 
circumstances arise in a State resulting in 
a significant change in the factors de-
scribed in clause (iv)(I), the eligible agency 
may request that the eligible agency ad-
justed levels of performance agreed to 
under clause (iii) or (v) be revised. 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00208
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
209 
‘‘(B) LEVELS OF EMPLOYMENT PERFORM-
ANCE.—The eligible agency shall identify, in the 
State plan, eligible agency levels of performance 
for each of the employment performance indica-
tors described in paragraph (2)(B). Such levels 
shall be considered to be eligible agency ad-
justed levels of performance for purposes of this 
title. 
‘‘(c) 
DEFINITIONS
FOR
INDICATORS
OF 
PERFOMANCE.—In order to ensure comparability of per-
formance data across States, the Secretary shall issue 
definitions for the indicators of performance under para-
graph (2). 
‘‘(d) REPORT.— 
‘‘(1) IN GENERAL.—Each eligible agency that 
receives a grant under section 211(b) shall annually 
prepare and submit to the Secretary, the Governor, 
the State legislature, and eligible providers a report 
on the progress of the eligible agency in achieving el-
igible agency performance measures, including the 
following: 
‘‘(A) Information on the levels of perform-
ance achieved by the eligible agency with re-
spect to the core indicators of performance and 
employment performance indicators. 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00209
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
210 
‘‘(B) The number and type of each eligible 
provider that receives funding under such 
grant. 
‘‘(2) INFORMATION DISSEMINATION.—The Sec-
retary— 
‘‘(A) shall make the information contained 
in such reports available to the general public 
through publication (including on the Internet 
site of the Department of Education) and other 
appropriate methods; 
‘‘(B) shall disseminate State-by-State com-
parisons of the information; and 
‘‘(C) shall provide the appropriate commit-
tees of the Congress with copies of such re-
ports. 
‘‘SEC. 213. INCENTIVE GRANTS FOR STATES. 
‘‘(a) IN GENERAL.—From funds appropriated under 
section 211(a)(1), the Secretary may award grants to 
States for exemplary performance in carrying out pro-
grams under this title. Such awards shall be based on 
States exceeding the core indicators of performance estab-
lished under section 212(b)(2)(A) and may be based on 
the performance of the State in serving populations, such 
as those described in section 224(b)(10), including the lev-
els of service provided and the performance outcomes, and 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00210
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
211 
such other factors relating to the performance of the State 
under this title as the Secretary determines appropriate. 
‘‘(b) USE OF FUNDS.—The funds awarded to a State 
under this paragraph may be used to carry out any activi-
ties authorized under this title, including demonstrations 
and innovative programs for hard-to-serve populations. 
‘‘CHAPTER 2—STATE PROVISIONS 
‘‘SEC. 221. STATE ADMINISTRATION. 
‘‘Each eligible agency shall be responsible for the fol-
lowing activities under this title: 
‘‘(1) The development, submission, implementa-
tion, and monitoring of the State plan. 
‘‘(2) Consultation with other appropriate agen-
cies, groups, and individuals that are involved in, or 
interested in, the development and implementation 
of activities assisted under this title. 
‘‘(3) Coordination and avoidance of duplication 
with other Federal and State education, training, 
corrections, public housing, and social service pro-
grams. 
‘‘SEC. 222. STATE DISTRIBUTION OF FUNDS; MATCHING RE-
QUIREMENT. 
‘‘(a) STATE DISTRIBUTION OF FUNDS.—Each eligi-
ble agency receiving a grant under this title for a fiscal 
year— 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00211
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
212 
‘‘(1) shall use an amount not less than 82.5 
percent of the grant funds to award grants and con-
tracts under section 231 and to carry out section 
225, of which not more than 10 percent of such 
amount shall be available to carry out section 225; 
‘‘(2) shall use not more than 12.5 percent of 
the grant funds to carry out State leadership activi-
ties under section 223; and 
‘‘(3) shall use not more than 5 percent of the 
grant funds, or $75,000, whichever is greater, for 
the administrative expenses of the eligible agency. 
‘‘(b) MATCHING REQUIREMENT.— 
‘‘(1) IN GENERAL.—In order to receive a grant 
from the Secretary under section 211(b), each eligi-
ble agency shall provide, for the costs to be incurred 
by the eligible agency in carrying out the adult edu-
cation, basic skills, and family literacy education 
programs for which the grant is awarded, a non- 
Federal contribution in an amount at least equal 
to— 
‘‘(A) in the case of an eligible agency serv-
ing an outlying area, 12 percent of the total 
amount of funds expended for adult education, 
basic skills, and family literacy education pro-
grams in the outlying area, except that the Sec-
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00212
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
213 
retary may decrease the amount of funds re-
quired under this subparagraph for an eligible 
agency; and 
‘‘(B) in the case of an eligible agency serv-
ing a State, 25 percent of the total amount of 
funds expended for adult education, basic skills, 
and family literacy education programs in the 
State. 
‘‘(2) NON-FEDERAL CONTRIBUTION.—An eligi-
ble agency’s non-Federal contribution required under 
paragraph (1) may be provided in cash or in kind, 
fairly evaluated, and shall include only non-Federal 
funds that are used for adult education, basic skills, 
and family literacy education programs in a manner 
that is consistent with the purpose of this title. 
‘‘SEC. 223. STATE LEADERSHIP ACTIVITIES. 
‘‘(a) IN GENERAL.—Each eligible agency may use 
funds made available under section 222(a)(2) for any of 
the following adult education, basic skills, and family lit-
eracy education programs: 
‘‘(1) The establishment or operation of profes-
sional development programs to improve the quality 
of instruction provided pursuant to local activities 
required under section 231(b), including instruction 
incorporating the essential components of reading 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00213
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
214 
instruction and instruction provided by volunteers or 
by personnel of a State or outlying area. 
‘‘(2) The provision of technical assistance to eli-
gible providers of adult education, basic skills, and 
family literacy education programs, including for the 
development and dissemination of scientifically based 
research instructional practices in reading, writing, 
speaking, math, and English language acquisition 
programs. 
‘‘(3) The provision of assistance to eligible pro-
viders in developing, implementing, and reporting 
measurable progress in achieving the objectives of 
this title. 
‘‘(4) The provision of technology assistance, in-
cluding staff training, to eligible providers of adult 
education, basic skills, and family literacy education 
programs, including distance learning activities, to 
enable the eligible providers to improve the quality 
of such activities. 
‘‘(5) The development and implementation of 
technology applications or distance learning, includ-
ing professional development to support the use of 
instructional technology. 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00214
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
215 
‘‘(6) Coordination with other public programs, 
including welfare-to-work, workforce development, 
and job training programs. 
‘‘(7) Coordination with existing support serv-
ices, such as transportation, child care, and other 
assistance designed to increase rates of enrollment 
in, and successful completion of, adult education, 
basic skills, and family literacy education programs, 
for adults enrolled in such activities. 
‘‘(8) The development and implementation of a 
system to assist in the transition from adult basic 
education to postsecondary education. 
‘‘(9) Activities to promote workplace literacy 
programs. 
‘‘(10) Activities to promote and complement 
local outreach initiatives described in section 243(7). 
‘‘(11) Other activities of statewide significance, 
including assisting eligible providers in achieving 
progress in improving the skill levels of adults who 
participate in programs under this title. 
‘‘(12) Integration of literacy, instructional, and 
occupational skill training and promotion of linkages 
with employees. 
‘‘(b) COORDINATION.—In carrying out this section, 
eligible agencies shall coordinate where possible, and avoid 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00215
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
216 
duplicating efforts, in order to maximize the impact of the 
activities described in subsection (a). 
‘‘(c) STATE-IMPOSED REQUIREMENTS.—Whenever a 
State or outlying area implements any rule or policy relat-
ing to the administration or operation of a program au-
thorized under this title that has the effect of imposing 
a requirement that is not imposed under Federal law (in-
cluding any rule or policy based on a State or outlying 
area interpretation of a Federal statute, regulation, or 
guideline), the State or outlying area shall identify, to eli-
gible providers, the rule or policy as being imposed by the 
State or outlying area. 
‘‘SEC. 224. STATE PLAN. 
‘‘(a) 6-YEAR PLANS.— 
‘‘(1) IN GENERAL.—Each eligible agency desir-
ing a grant under this title for any fiscal year shall 
submit to, or have on file with, the Secretary a 6- 
year State plan. 
‘‘(2) COMPREHENSIVE
PLAN
OR
APPLICA-
TION.—The eligible agency may submit the State 
plan as part of a comprehensive plan or application 
for Federal education assistance. 
‘‘(b) PLAN CONTENTS.—The eligible agency shall in-
clude in the State plan or any revisions to the State plan— 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00216
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
217 
‘‘(1) an objective assessment of the needs of in-
dividuals in the State or outlying area for adult edu-
cation, basic skills, and family literacy education 
programs, including individuals most in need or 
hardest to serve; 
‘‘(2) a description of the adult education, basic 
skills, and family literacy education programs that 
will be carried out with funds received under this 
title; 
‘‘(3) a description of how the eligible agency 
will evaluate and measure annually the effectiveness 
and improvement of the adult education, basic skills, 
and family literacy education programs based on the 
performance measures described in section 212 in-
cluding— 
‘‘(A) how the eligible agency will evaluate 
and measure annually such effectiveness on a 
grant-by-grant basis; and 
‘‘(B) how the eligible agency— 
‘‘(i) will hold eligible providers ac-
countable regarding the progress of such 
providers 
in 
improving 
the 
academic 
achievement of participants in adult edu-
cation programs under this title and re-
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00217
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
218 
garding the core indicators of performance 
described in section 212(b)(2)(A); and 
‘‘(ii) will use technical assistance, 
sanctions, and rewards (including alloca-
tion of grant funds based on performance 
and termination of grant funds based on 
nonperformance); 
‘‘(4) a description of the performance measures 
described in section 212 and how such performance 
measures have significantly improved adult edu-
cation, basic skills, and family literacy education 
programs in the State or outlying area; 
‘‘(5) an assurance that the eligible agency will, 
in addition to meeting all of the other requirements 
of this title, award not less than one grant under 
this title to an eligible provider that— 
‘‘(A) offers flexible schedules and necessary 
support services (such as child care and trans-
portation) to enable individuals, including indi-
viduals with disabilities, or individuals with 
other special needs, to participate in adult edu-
cation, basic skills, and family literacy edu-
cation programs; and 
‘‘(B) attempts to coordinate with support 
services that are not provided under this title 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00218
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
219 
prior to using funds for adult education, basic 
skills, and family literacy education programs 
provided under this title for support services; 
‘‘(6) an assurance that the funds received under 
this title will not be expended for any purpose other 
than for activities under this title; 
‘‘(7) a description of how the eligible agency 
will fund local activities in accordance with the 
measurable goals described in section 231(d); 
‘‘(8) an assurance that the eligible agency will 
expend the funds under this title only in a manner 
consistent with fiscal requirements in section 241; 
‘‘(9) a description of the process that will be 
used for public participation and comment with re-
spect to the State plan, which process— 
‘‘(A) shall include consultation with the 
State workforce investment board, the State 
board responsible for administering community 
or technical colleges, the Governor, the State 
educational agency, the State board or agency 
responsible for administering block grants for 
temporary assistance to needy families under 
title IV of the Social Security Act, the State 
council on disabilities, the State vocational re-
habilitation agency, other State agencies that 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00219
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
220 
promote the improvement of adult education, 
basic skills, and family literacy education pro-
grams, and direct providers of such programs; 
and 
‘‘(B) may include consultation with the 
State agency on higher education, institutions 
responsible for professional development of 
adult education, basic skills, and family literacy 
education programs instructors, representatives 
of business and industry, refugee assistance 
programs, and faith-based organizations; 
‘‘(10) a description of the eligible agency’s 
strategies for serving populations that include, at a 
minimum— 
‘‘(A) low-income individuals; 
‘‘(B) individuals with disabilities; 
‘‘(C) the unemployed; 
‘‘(D) the underemployed; and 
‘‘(E) individuals with multiple barriers to 
educational enhancement, including individuals 
with limited English proficiency; 
‘‘(11) a description of how the adult education, 
basic skills, and family literacy education programs 
that will be carried out with any funds received 
under this title will be integrated with other adult 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00220
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
221 
education, career development, and employment and 
training activities in the State or outlying area 
served by the eligible agency; 
‘‘(12) a description of the steps the eligible 
agency will take to ensure direct and equitable ac-
cess, as required in section 231(c)(1), including— 
‘‘(A) how the State will build the capacity 
of community-based and faith-based organiza-
tions to provide adult education, basic skills, 
and family literacy education programs; and 
‘‘(B) how the State will increase the par-
ticipation of business and industry in adult edu-
cation, basic skills, and family literacy edu-
cation programs; 
‘‘(13) an assessment of the adequacy of the sys-
tem of the State or outlying area to ensure teacher 
quality and a description of how the State or out-
lying area will use funds received under this subtitle 
to improve teacher quality, including professional de-
velopment on the use of scientifically based research 
to improve instruction; and 
‘‘(14) 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 edu-
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00221
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
222 
cation without the need for remediation upon com-
pletion of secondary school equivalency programs. 
‘‘(c) PLAN REVISIONS.—When changes in conditions 
or other factors require substantial revisions to an ap-
proved State plan, the eligible agency shall submit the re-
visions of the State plan to the Secretary. 
‘‘(d) CONSULTATION.—The eligible agency shall— 
‘‘(1) submit the State plan, and any revisions to 
the State plan, to the Governor, the chief State 
school officer, or the State officer responsible for ad-
ministering community or technical colleges, or out-
lying area for review and comment; and 
‘‘(2) ensure that any comments regarding the 
State plan by the Governor, the chief State school 
officer, or the State officer responsible for admin-
istering community or technical colleges, and any re-
vision to the State plan, are submitted to the Sec-
retary. 
‘‘(e) PLAN APPROVAL.—A State plan submitted to 
the Secretary shall be approved by the Secretary only if 
the plan is consistent with the specific provisions of this 
title. 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00222
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
223 
‘‘SEC. 225. PROGRAMS FOR CORRECTIONS EDUCATION AND 
OTHER INSTITUTIONALIZED INDIVIDUALS. 
‘‘(a) PROGRAM AUTHORIZED.—From funds made 
available under section 222(a)(1) for a fiscal year, each 
eligible agency shall carry out corrections education and 
education for other institutionalized individuals. 
‘‘(b) USES OF FUNDS.—The funds described in sub-
section (a) shall be used for the cost of educational pro-
grams for criminal offenders in correctional institutions 
and for other institutionalized individuals, including aca-
demic programs for— 
‘‘(1) basic skills education; 
‘‘(2) special education programs as determined 
by the eligible agency; 
‘‘(3) reading, writing, speaking, and math pro-
grams; and 
‘‘(4) secondary school credit or diploma pro-
grams or their recognized equivalent. 
‘‘(c) PRIORITY.—Each eligible agency that is using 
assistance provided under this section to carry out a pro-
gram for criminal offenders within a correctional institu-
tion shall give priority to serving individuals who are likely 
to leave the correctional institution within 5 years of par-
ticipation in the program. 
‘‘(d) DEFINITIONS.—For purposes of this section: 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00223
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
224 
‘‘(1) CORRECTIONAL INSTITUTION.—The term 
‘correctional institution’ means any— 
‘‘(A) prison; 
‘‘(B) jail; 
‘‘(C) reformatory; 
‘‘(D) work farm; 
‘‘(E) detention center; or 
‘‘(F) halfway house, community-based re-
habilitation center, or any other similar institu-
tion designed for the confinement or rehabilita-
tion of criminal offenders. 
‘‘(2) CRIMINAL OFFENDER.—The term ‘crimi-
nal offender’ means any individual who is charged 
with, or convicted of, any criminal offense. 
‘‘CHAPTER 3—LOCAL PROVISIONS 
‘‘SEC. 231. GRANTS AND CONTRACTS FOR ELIGIBLE PRO-
VIDERS. 
‘‘(a) GRANTS AND CONTRACTS.—From grant funds 
made available under section 211(b), each eligible agency 
shall award multiyear grants or contracts, on a competi-
tive basis, to eligible providers within the State or outlying 
area that meet the conditions and requirements of this 
title to enable the eligible providers to develop, implement, 
and improve adult education, basic skills, and family lit-
eracy education programs within the State. 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00224
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
225 
‘‘(b) LOCAL ACTIVITIES.—The eligible agency shall 
require eligible providers receiving a grant or contract 
under subsection (a) to establish or operate one or more 
programs of instruction that provide services or instruc-
tion in one or more of the following categories: 
‘‘(1) Adult education, basic skills, and family 
literacy education programs (including proficiency in 
reading, writing, speaking, and math). 
‘‘(2) Workplace literacy programs. 
‘‘(3) English language acquisition programs. 
‘‘(4) Family literacy education programs. 
‘‘(c) DIRECT AND EQUITABLE ACCESS; SAME PROC-
ESS.—Each eligible agency receiving funds under this title 
shall ensure that— 
‘‘(1) all eligible providers have direct and equi-
table access to apply for grants or contracts under 
this section; and 
‘‘(2) the same grant or contract announcement 
process and application process is used for all eligi-
ble providers in the State or outlying area. 
‘‘(d) MEASURABLE GOALS.—The eligible agency shall 
require eligible providers receiving a grant or contract 
under subsection (a) to demonstrate— 
‘‘(1) the eligible provider’s measurable goals for 
participant outcomes to be achieved annually on the 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00225
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
226 
core indicators of performance and employment per-
formance indicators described in section 212(b)(2); 
‘‘(2) the past effectiveness of the eligible pro-
vider in improving the basic academic skills of adults 
and, for eligible providers receiving grants in the 
prior year, the success of the eligible provider receiv-
ing funding under this title in exceeding its perform-
ance goals in the prior year; 
‘‘(3) the commitment of the eligible provider to 
serve individuals in the community who are the most 
in need of basic academic skills instruction services, 
including individuals who are low-income or have 
minimal reading, writing, speaking, and math skills, 
or limited English proficiency; 
‘‘(4) the program— 
‘‘(A) is of sufficient intensity and duration 
for participants to achieve substantial learning 
gains; and 
‘‘(B) uses instructional practices that in-
clude the essential components of reading in-
struction; 
‘‘(5) educational practices are based on scientif-
ically based research; 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00226
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
227 
‘‘(6) the activities of the eligible provider effec-
tively employ advances in technology, as appropriate, 
including the use of computers; 
‘‘(7) the activities provide instruction in real-life 
contexts, when appropriate, to ensure that an indi-
vidual has the skills needed to compete in the work-
place and exercise the rights and responsibilities of 
citizenship; 
‘‘(8) the activities are staffed by well-trained in-
structors, counselors, and administrators; 
‘‘(9) the activities are coordinated with other 
available resources in the community, such as 
through strong links with elementary schools and 
secondary schools, postsecondary educational institu-
tions, one-stop centers, job training programs, com-
munity-based and faith-based organizations, and so-
cial service agencies; 
‘‘(10) the activities offer flexible schedules and 
support services (such as child care and transpor-
tation) that are necessary to enable individuals, in-
cluding individuals with disabilities or other special 
needs, to attend and complete programs; 
‘‘(11) the activities include a high-quality infor-
mation management system that has the capacity to 
report measurable participant outcomes and to mon-
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00227
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
228 
itor program performance against the performance 
measures established by the eligible agency; 
‘‘(12) the local communities have a dem-
onstrated need for additional English language ac-
quisition programs; 
‘‘(13) the capacity of the eligible provider to 
produce valid information on performance results, 
including enrollments and measurable participant 
outcomes; 
‘‘(14) adult education, basic skills, and family 
literacy education programs offer rigorous reading, 
writing, speaking, and math content that are based 
on scientifically based research; and 
‘‘(15) applications of technology, and services to 
be provided by the eligible providers, are of sufficient 
intensity and duration to increase the amount and 
quality of learning and lead to measurable learning 
gains within specified time periods. 
‘‘(e) SPECIAL RULE.—Eligible providers may use 
grant funds under this title to serve children participating 
in family literacy programs assisted under this part, pro-
vided that other sources of funds available to provide simi-
lar services for such children are used first. 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00228
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
229 
‘‘SEC. 232. LOCAL APPLICATION. 
‘‘Each eligible provider desiring a grant or contract 
under this title shall submit an application to the eligible 
agency containing such information and assurances as the 
eligible agency may require, including— 
‘‘(1) a description of how funds awarded under 
this title will be spent consistent with the require-
ments of this title; 
‘‘(2) a description of any cooperative arrange-
ments the eligible provider has with other agencies, 
institutions, or organizations for the delivery of 
adult education, basic skills, and family literacy edu-
cation programs; and 
‘‘(3) each of the demonstrations required by 
section 231(d). 
‘‘SEC. 233. LOCAL ADMINISTRATIVE COST LIMITS. 
‘‘(a) IN GENERAL.—Subject to subsection (b), of the 
amount that is made available under this title to an eligi-
ble provider— 
‘‘(1) at least 95 percent shall be expended for 
carrying out adult education, basic skills, and family 
literacy education programs; and 
‘‘(2) the remaining amount shall be used for 
planning, administration, personnel and professional 
development, development of measurable goals in 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00229
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
230 
reading, writing, speaking, and math, and inter-
agency coordination. 
‘‘(b) SPECIAL RULE.—In cases where the cost limits 
described in subsection (a) are too restrictive to allow for 
adequate planning, administration, personnel develop-
ment, and interagency coordination, the eligible provider 
may negotiate with the eligible agency in order to deter-
mine an adequate level of funds to be used for noninstruc-
tional purposes. 
‘‘CHAPTER 4—GENERAL PROVISIONS 
‘‘SEC. 241. ADMINISTRATIVE PROVISIONS. 
‘‘(a) SUPPLEMENT NOT SUPPLANT.—Funds made 
available for adult education, basic skills, and family lit-
eracy education programs under this title shall supplement 
and not supplant other State or local public funds ex-
pended for adult education, basic skills, and family literacy 
education programs. 
‘‘(b) MAINTENANCE OF EFFORT.— 
‘‘(1) IN GENERAL.— 
‘‘(A) DETERMINATION.—An eligible agency 
may receive funds under this title for any fiscal 
year if the Secretary finds that the fiscal effort 
per student or the aggregate expenditures of 
such eligible agency for activities under this 
title, in the second preceding fiscal year, were 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00230
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
231 
not less than 90 percent of the fiscal effort per 
student or the aggregate expenditures of such 
eligible agency for adult education, basic skills, 
and family literacy education programs, in the 
third preceding fiscal year. 
‘‘(B) PROPORTIONATE REDUCTION.—Sub-
ject to paragraphs (2), (3), and (4), for any fis-
cal year with respect to which the Secretary de-
termines under subparagraph (A) that the fiscal 
effort or the aggregate expenditures of an eligi-
ble agency for the preceding program year were 
less than such effort or expenditures for the 
second preceding program year, the Secretary— 
‘‘(i) shall determine the percentage 
decreases in such effort or in such expendi-
tures; and 
‘‘(ii) shall decrease the payment made 
under this title for such program year to 
the agency for adult education, basic skills, 
and family literacy education programs by 
the lesser of such percentages. 
‘‘(2) COMPUTATION.—In computing the fiscal 
effort and aggregate expenditures under paragraph 
(1), the Secretary shall exclude capital expenditures 
and special one-time project costs. 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00231
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
232 
‘‘(3) DECREASE IN FEDERAL SUPPORT.—If the 
amount made available for adult education, basic 
skills, and family literacy education programs under 
this title for a fiscal year is less than the amount 
made available for adult education, basic skills, and 
family literacy education programs under this title 
for the preceding fiscal year, then the fiscal effort 
per student and the aggregate expenditures of an el-
igible agency required in order to avoid a reduction 
under paragraph (1)(B) shall be decreased by the 
same percentage as the percentage decrease in the 
amount so made available. 
‘‘(4) WAIVER.—The Secretary may waive the 
requirements of this subsection for not more than 1 
fiscal year, if the Secretary determines that a waiver 
would be equitable due to exceptional or uncontrol-
lable circumstances, such as a natural disaster or an 
unforeseen and precipitous decline in the financial 
resources of the State or outlying area of the eligible 
agency. If the Secretary grants a waiver under the 
preceding sentence for a fiscal year, the level of ef-
fort required under paragraph (1) shall not be re-
duced in the subsequent fiscal year because of the 
waiver. 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00232
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
233 
‘‘SEC. 242. NATIONAL INSTITUTE FOR LITERACY. 
‘‘(a) IN GENERAL.— 
‘‘(1) PURPOSE.—The purpose of the National 
Institute for Literacy is to promote the improvement 
of literacy, including skills in reading, writing, and 
English language acquisition for children, youth, and 
adults, through practices derived from the findings 
of scientifically based research. 
‘‘(2) ESTABLISHMENT.—There is established a 
National Institute for Literacy (in this section re-
ferred to as the ‘Institute’). The Institute shall be 
administered under the terms of an interagency 
agreement entered into, reviewed annually, and 
modified as needed by the Secretary of Education 
with the Secretary of Health and Human Services 
and the Secretary of Labor (in this section referred 
to as the ‘Interagency Group’). 
‘‘(3) OFFICES.—The Institute shall have offices 
separate from the offices of the Department of Edu-
cation, the Department of Health and Human Serv-
ices, and the Department of Labor. 
‘‘(4) ADMINISTRATIVE SUPPORT.—The Depart-
ment of Education shall provide administrative sup-
port for the Institute. 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00233
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
234 
‘‘(5) DAILY OPERATIONS.—The Director of the 
Institute shall administer the daily operations of the 
Institute. 
‘‘(b) DUTIES.— 
‘‘(1) IN GENERAL.—To carry out its purpose, 
the Institute may— 
‘‘(A) identify and disseminate rigorous sci-
entific research on the effectiveness of instruc-
tional practices and organizational strategies re-
lating to programs on the acquisition of skills 
in reading, writing, and English language ac-
quisition for children, youth, and adults; 
‘‘(B) create and widely disseminate mate-
rials about the acquisition and application of 
skills in reading, writing, and English language 
acquisition for children, youth, and adults based 
on scientifically based research; 
‘‘(C) ensure a broad understanding of sci-
entifically based research on reading, writing, 
and English language acquisition for children, 
youth, and adults among Federal agencies with 
responsibilities for administering programs that 
provide related services, including State and 
local educational agencies; 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00234
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
235 
‘‘(D) facilitate coordination and informa-
tion sharing among national organizations and 
associations interested in programs that provide 
services to improve skills in reading, writing, 
and English language acquisition for children, 
youth, and adults; 
‘‘(E) coordinate with the appropriate of-
fices in the Department of Education, the De-
partment of Health and Human Services, the 
Department of Labor, and other Federal agen-
cies to apply the findings of scientifically based 
research related to programs on reading, writ-
ing, and English language acquisition for chil-
dren, youth, and adults; 
‘‘(F) establish a national electronic data-
base and Internet site describing and fostering 
communication on scientifically based programs 
in reading, writing, and English language ac-
quisition for children, youth, and adults, includ-
ing professional development programs; and 
‘‘(G) provide opportunities for technical as-
sistance, meetings, and conferences that will 
foster increased coordination among Federal, 
State, and local agencies and entities and im-
provement of reading, writing, and English lan-
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00235
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
236 
guage acquisition skills for children, youth, and 
adults. 
‘‘(2) COORDINATION.—In identifying scientif-
ically based research on reading, writing, and 
English language acquisition for children, youth, and 
adults, the Institute shall use standards for research 
quality that are consistent with those established by 
the Institute of Education Sciences. 
‘‘(3) GRANTS, CONTRACTS, AND COOPERATIVE 
AGREEMENTS.— 
‘‘(A) IN
GENERAL.—The Institute may 
award grants to, or enter into contracts or co-
operative agreements with, individuals, public 
or private institutions, agencies, organizations, 
or consortia of such individuals, institutions, 
agencies, or organizations, to carry out the ac-
tivities of the Institute. 
‘‘(B) REGULATIONS.—The Director may 
adopt the general administrative regulations of 
the Department of Education, as applicable, for 
use by the Institute. 
‘‘(C) RELATION
TO
OTHER
LAWS.—The 
duties and powers of the Institute under this 
title are in addition to the duties and powers of 
the Institute under subparts 1, 2, and 3 of part 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00236
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
237 
B of the Elementary and Secondary Education 
Act of 1965 (commonly referred to as Reading 
First, Early Reading First, and the William F. 
Goodling Even Start Family Literacy Program, 
respectively). 
‘‘(c) VISITING SCHOLARS.—The Institute may estab-
lish a visiting scholars program, with such stipends and 
allowances as the Director considers necessary, for out-
standing researchers, scholars, and individuals who— 
‘‘(1) have careers in adult education, workforce 
development, or scientifically based reading, writing, 
or English language acquisition; and 
‘‘(2) can assist the Institute in translating re-
search into practice and providing analysis that ad-
vances instruction in the fields of reading, writing, 
and English language acquisition for children, youth, 
and adults. 
‘‘(d) INTERNS AND VOLUNTEERS.—The Institute, in 
consultation with the National Institute for Literacy Advi-
sory Board, may award paid and unpaid internships to 
individuals seeking to assist the Institute in carrying out 
its purpose. Notwithstanding section 1342 of title 31, 
United States Code, the Institute may accept and use vol-
untary and uncompensated services as the Institute deter-
mines necessary. 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00237
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
238 
‘‘(e) NATIONAL INSTITUTE FOR LITERACY ADVISORY 
BOARD.— 
‘‘(1) ESTABLISHMENT.— 
‘‘(A) IN GENERAL.—There shall be a Na-
tional Institute for Literacy Advisory Board (in 
this section referred to as the ‘Board’), which 
shall consist of 10 individuals appointed by the 
President with the advice and consent of the 
Senate. 
‘‘(B) QUALIFICATIONS.—The Board shall 
be composed of individuals who— 
‘‘(i) are not otherwise officers or em-
ployees of the Federal Government; and 
‘‘(ii) are knowledgeable about current 
effective scientifically based research find-
ings on instruction in reading, writing, and 
English language acquisition for children, 
youth, and adults. 
‘‘(C) COMPOSITION.—The Board may in-
clude— 
‘‘(i) representatives of business, indus-
try, labor, literacy organizations, adult 
education providers, community colleges, 
students with disabilities, and State agen-
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00238
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
239 
cies, including State directors of adult edu-
cation; and 
‘‘(ii) individuals who, and representa-
tives of entities that, have been successful 
in improving skills in reading, writing, and 
English language acquisition for children, 
youth, and adults. 
‘‘(2) DUTIES.—The Board shall— 
‘‘(A) make recommendations concerning 
the appointment of the Director of the Insti-
tute; 
‘‘(B) provide independent advice on the op-
eration of the Institute; 
‘‘(C) receive reports from the Interagency 
Group and the Director; and 
‘‘(D) review the biennial report to the Con-
gress under subsection (k). 
‘‘(3) FEDERAL
ADVISORY
COMMITTEE
ACT.— 
Except as otherwise provided, the Board shall be 
subject to the provisions of the Federal Advisory 
Committee Act. 
‘‘(4) APPOINTMENTS.— 
‘‘(A) IN GENERAL.—Each member of the 
Board shall be appointed for a term of 3 years, 
except that the initial terms for members may 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00239
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
240 
be 1, 2, or 3 years in order to establish a rota-
tion in which one-third of the members are se-
lected each year. Any such member may be ap-
pointed for not more than 2 consecutive terms. 
‘‘(B) VACANCIES.—Any member appointed 
to fill a vacancy occurring before the expiration 
of the term for which the member’s predecessor 
was appointed shall be appointed only for the 
remainder of that term. A member may serve 
after the expiration of that member’s term until 
a successor has taken office. 
‘‘(5) QUORUM.—A majority of the members of 
the Board shall constitute a quorum, but a lesser 
number may hold hearings. A recommendation of 
the Board may be passed only by a majority of the 
Board’s members present at a meeting for which 
there is a quorum. 
‘‘(6) ELECTION
OF
OFFICERS.—The Chair-
person and Vice Chairperson of the Board shall be 
elected by the members of the Board. The term of 
office of the Chairperson and Vice Chairperson shall 
be 2 years. 
‘‘(7) MEETINGS.—The Board shall meet at the 
call of the Chairperson or a majority of the members 
of the Board. 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00240
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
241 
‘‘(f) GIFTS, BEQUESTS, AND DEVISES.— 
‘‘(1) IN GENERAL.—The Institute may accept, 
administer, and use gifts or donations of services, 
money, or property, whether real or personal, tan-
gible or intangible. 
‘‘(2) RULES.—The Board shall establish writ-
ten rules setting forth the criteria to be used by the 
Institute in determining whether the acceptance of 
contributions of services, money, or property whether 
real or personal, tangible or intangible, would reflect 
unfavorably upon the ability of the Institute or any 
employee to carry out the responsibilities of the In-
stitute or employee, or official duties, in a fair and 
objective manner, or would compromise the integrity, 
or the appearance of the integrity, of the Institute’s 
programs or any official involved in those programs. 
‘‘(g) MAILS.—The Board and the Institute may use 
the United States mails in the same manner and under 
the same conditions as other departments and agencies of 
the United States. 
‘‘(h) DIRECTOR.—The Secretary of Education, after 
considering recommendations made by the Board and con-
sulting with the Interagency Group, shall appoint and fix 
the pay of the Director of the Institute and, when nec-
essary, shall appoint an Interim Director of the Institute. 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00241
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
242 
‘‘(i) APPLICABILITY
OF CERTAIN CIVIL SERVICE 
LAWS.—The Director and staff of the Institute may be 
appointed without regard to the provisions of title 5, 
United States Code, governing appointments in the com-
petitive service, and may be paid without regard to the 
provisions of chapter 51 and subchapter III of chapter 53 
of that title relating to classification and General Schedule 
pay rates, except that an individual so appointed may not 
receive pay in excess of the annual rate of basic pay pay-
able for level IV of the Executive Schedule. 
‘‘(j) EXPERTS AND CONSULTANTS.—The Institute 
may procure temporary and intermittent services under 
section 3109(b) of title 5, United States Code. 
‘‘(k) BIENNIAL REPORT.— 
‘‘(1) IN GENERAL.—The Institute shall submit 
a report biennially to the Committee on Education 
and Labor of the House of Representatives and the 
Committee on Health, Education, Labor, and Pen-
sions of the Senate. Each report submitted under 
this subsection shall include— 
‘‘(A) a comprehensive and detailed descrip-
tion of the Institute’s operations, activities, fi-
nancial condition, and accomplishments in iden-
tifying and describing programs on reading, 
writing, and English language acquisition for 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00242
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
243 
children, youth, and adults for the period cov-
ered by the report; and 
‘‘(B) a description of how plans for the op-
eration of the Institute for the succeeding 2 fis-
cal years will facilitate achievement of the pur-
pose of the Institute. 
‘‘(2) FIRST REPORT.—The Institute shall sub-
mit its first report under this subsection to the Con-
gress not later than 1 year after the date of the en-
actment of the Workforce Investment Improvement 
Act of 2007. 
‘‘(l) ADDITIONAL FUNDING.—In addition to the 
funds authorized under section 205 and reserved for the 
Institute under section 211, the Secretary of Education, 
the Secretary of Health and Human Services, the Sec-
retary of Labor, or the head of any other Federal agency 
or department that participates in the activities of the In-
stitute may provide funds to the Institute for activities 
that the Institute is authorized to perform under this sec-
tion. 
‘‘SEC. 243. NATIONAL LEADERSHIP ACTIVITIES. 
‘‘The Secretary shall establish and carry out a pro-
gram of national leadership activities that may include the 
following: 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00243
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
244 
‘‘(1) Technical assistance, on request, including 
assistance— 
‘‘(A) on request to volunteer community- 
and faith-based organizations, including but not 
limited to, improving their fiscal management, 
research-based instruction, and reporting re-
quirements, and the development of measurable 
objectives to carry out the requirements of this 
title; 
‘‘(B) in developing valid, measurable, and 
reliable performance data, and using perform-
ance information for the improvement of adult 
education basic skills, English language acquisi-
tion, and family literacy education programs; 
‘‘(C) on adult education professional devel-
opment; and 
‘‘(D) in using distance learning and im-
proving the application of technology in the 
classroom, including instruction in English lan-
guage acquisition for individuals who have lim-
ited English proficiency. 
‘‘(2) Providing for the conduct of research on 
national literacy basic skill acquisition levels among 
adults, including the number of limited English pro-
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00244
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
245 
ficient adults functioning at different levels of read-
ing proficiency. 
‘‘(3) Improving the coordination, efficiency, and 
effectiveness of adult education and workforce devel-
opment services at the national, State, and local lev-
els. 
‘‘(4) Determining how participation in adult 
education basic skills, English language acquisition, 
and family literacy education programs prepares in-
dividuals for entry into and success in postsecondary 
education and employment, and in the case of pris-
on-based services, the effect on recidivism. 
‘‘(5) Evaluating how different types of pro-
viders, including community and faith-based organi-
zations or private for-profit agencies measurably im-
prove the skills of participants in adult education 
basic skills, English language acquisition, and family 
literacy education programs. 
‘‘(6) Identifying model integrated basic and 
workplace skills education programs, including pro-
grams for individuals with limited English pro-
ficiency coordinated literacy and employment serv-
ices, and effective strategies for serving adults with 
disabilities. 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00245
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
246 
‘‘(7) Supporting the development of an entity 
that would produce and distribute technology-based 
programs and materials for adult education, basic 
skills, and family literacy education programs using 
an intercommunication system, as that term is de-
fined in section 397 of the Communications Act of 
1934, and expand the effective outreach and use of 
such programs and materials to adult education eli-
gible providers. 
‘‘(8) Initiating other activities designed to im-
prove the measurable quality and effectiveness of 
adult education basic skills, English language acqui-
sition, and family literacy education programs na-
tionwide.’’. 
TITLE III—AMENDMENTS TO 
THE WAGNER–PEYSER ACT 
SEC. 301. AMENDMENTS TO THE WAGNER-PEYSER ACT. 
The Wagner-Peyser Act (29 U.S.C. 49 et seq.) is 
amended— 
(1) by striking sections 1 through 13; 
(2) in section 14 by inserting ‘‘of Labor’’ after 
‘‘Secretary’’; and 
(3) by amending section 15 to read as follows: 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00246
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
247 
‘‘SEC. 15. WORKFORCE AND LABOR MARKET INFORMATION 
SYSTEM. 
‘‘(a) SYSTEM CONTENT.— 
‘‘(1) IN GENERAL.—The Secretary of Labor, in 
accordance with the provisions of this section, shall 
oversee the development, maintenance, and contin-
uous improvement of a nationwide workforce and 
labor market information system that includes— 
‘‘(A) statistical data from cooperative sta-
tistical survey and projection programs and 
data from administrative reporting systems 
that, taken together, enumerate, estimate, and 
project employment opportunities and condi-
tions at national, State, and local levels in a 
timely manner, including statistics on— 
‘‘(i) employment and unemployment 
status of national, State, and local popu-
lations, including self-employed, part-time, 
and seasonal workers; 
‘‘(ii) industrial distribution of occupa-
tions, as well as current and projected em-
ployment opportunities, wages, benefits 
(where data is available), and skill trends 
by occupation and industry, with particular 
attention paid to State and local condi-
tions; 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00247
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
248 
‘‘(iii) the incidence of, industrial and 
geographical location of, and number of 
workers displaced by, permanent layoffs 
and plant closings; and 
‘‘(iv) employment and earnings infor-
mation maintained in a longitudinal man-
ner to be used for research and program 
evaluation; 
‘‘(B) information on State and local em-
ployment opportunities, and other appropriate 
statistical data related to labor market dynam-
ics, which— 
‘‘(i) shall be current and comprehen-
sive; 
‘‘(ii) shall meet the needs identified 
through the consultations described in sub-
paragraphs (A) and (B) of subsection 
(e)(2); and 
‘‘(iii) shall meet the needs for the in-
formation identified in section 134(d); 
‘‘(C) technical standards (which the Sec-
retary shall publish annually) for data and in-
formation described in subparagraphs (A) and 
(B) that, at a minimum, meet the criteria of 
chapter 35 of title 44, United States Code; 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00248
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
249 
‘‘(D) procedures to ensure compatibility 
and additivity of the data and information de-
scribed in subparagraphs (A) and (B) from na-
tional, State, and local levels; 
‘‘(E) procedures to support standardization 
and aggregation of data from administrative re-
porting systems described in subparagraph (A) 
of employment-related programs; 
‘‘(F) analysis of data and information de-
scribed in subparagraphs (A) and (B) for uses 
such as— 
‘‘(i) national, State, and local policy-
making; 
‘‘(ii) implementation of Federal poli-
cies (including allocation formulas); 
‘‘(iii) program planning and evalua-
tion; and 
‘‘(iv) researching labor market dynam-
ics; 
‘‘(G) wide dissemination of such data, in-
formation, and analysis in a user-friendly man-
ner and voluntary technical standards for dis-
semination mechanisms; and 
‘‘(H) programs of— 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00249
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
250 
‘‘(i) training for effective data dis-
semination; 
‘‘(ii) research and demonstration; and 
‘‘(iii) programs and technical assist-
ance. 
‘‘(2) INFORMATION TO BE CONFIDENTIAL.— 
‘‘(A) IN
GENERAL.—No officer or em-
ployee of the Federal Government or agent of 
the Federal Government may— 
‘‘(i) use any submission that is fur-
nished for exclusively statistical purposes 
under the provisions of this section for any 
purpose other than the statistical purposes 
for which the submission is furnished; 
‘‘(ii) disclose to the public any publi-
cation or media transmittal of the data 
contained in the submission described in 
clause (i) that permits information con-
cerning an individual subject to be reason-
ably inferred by either direct or indirect 
means; or 
‘‘(iii) permit anyone other than a 
sworn officer, employee, or agent of any 
Federal department or agency, or a con-
tractor (including an employee of a con-
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00250
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
251 
tractor) of such department or agency, to 
examine an individual submission described 
in clause (i), 
without the consent of the individual, agency, or 
other person who is the subject of the submis-
sion or provides that submission. 
‘‘(B) IMMUNITY FROM LEGAL PROCESS.— 
Any submission (including any data derived 
from the submission) that is collected and re-
tained by a Federal department or agency, or 
an officer, employee, agent, or contractor of 
such a department or agency, for exclusively 
statistical purposes under this section shall be 
immune from the legal process and shall not, 
without the consent of the individual, agency, or 
other person who is the subject of the submis-
sion or provides that submission, be admitted 
as evidence or used for any purpose in any ac-
tion, suit, or other judicial or administrative 
proceeding. 
‘‘(C) RULE OF CONSTRUCTION.—Nothing 
in this section shall be construed to provide im-
munity from the legal process for such submis-
sion (including any data derived from the sub-
mission) if the submission is in the possession 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00251
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
252 
of any person, agency, or entity other than the 
Federal Government or an officer, employee, 
agent, or contractor of the Federal Government, 
or if the submission is independently collected, 
retained, or produced for purposes other than 
the purposes of this Act. 
‘‘(b) SYSTEM RESPONSIBILITIES.— 
‘‘(1) IN GENERAL.—The workforce and labor 
market information system described in subsection 
(a) shall be planned, administered, overseen, and 
evaluated through a cooperative governance struc-
ture involving the Federal Government and States. 
‘‘(2) DUTIES.—The Secretary, with respect to 
data collection, analysis, and dissemination of work-
force and labor market information for the system, 
shall carry out the following duties: 
‘‘(A) Assign responsibilities within the De-
partment of Labor for elements of the work-
force and labor market information system de-
scribed in subsection (a) to ensure that all sta-
tistical and administrative data collected is con-
sistent with appropriate Bureau of Labor Sta-
tistics standards and definitions. 
‘‘(B) Actively seek the cooperation of other 
Federal agencies to establish and maintain 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00252
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
253 
mechanisms for ensuring complementarity and 
nonduplication in the development and oper-
ation of statistical and administrative data col-
lection activities. 
‘‘(C) Eliminate gaps and duplication in 
statistical undertakings, with the systemization 
of wage surveys as an early priority. 
‘‘(D) In collaboration with the Bureau of 
Labor Statistics and States, develop and main-
tain the elements of the workforce and labor 
market information system described in sub-
section (a), including the development of con-
sistent procedures and definitions for use by the 
States in collecting the data and information 
described in subparagraphs (A) and (B) of sub-
section (a)(1). 
‘‘(E) Establish procedures for the system 
to ensure that— 
‘‘(i) such data and information are 
timely; 
‘‘(ii) paperwork and reporting for the 
system are reduced to a minimum; and 
‘‘(iii) States and localities are fully in-
volved in the development and continuous 
improvement of the system at all levels. 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00253
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
254 
‘‘(c) NATIONAL ELECTRONIC TOOLS TO PROVIDE 
SERVICES.—The Secretary is authorized to assist in the 
development of national electronic tools that may be used 
to facilitate the delivery of work ready services described 
in section 134 and to provide workforce information to in-
dividuals through the one-stop delivery systems described 
in section 121 and through other appropriate delivery sys-
tems. 
‘‘(d) COORDINATION WITH THE STATES.— 
‘‘(1) IN
GENERAL.—The Secretary, working 
through the Bureau of Labor Statistics and the Em-
ployment and Training Administration, shall regu-
larly consult with representatives of State agencies 
carrying out workforce information activities regard-
ing strategies for improving the workforce and labor 
market information system. 
‘‘(2) FORMAL CONSULTATIONS.—At least twice 
each year, the Secretary, working through the Bu-
reau of Labor Statistics, shall conduct formal con-
sultations regarding programs carried out by the 
Bureau of Labor Statistics with representatives of 
each of the 6 Federal regions of the Bureau of 
Labor Statistics, elected (pursuant to a process es-
tablished by the Secretary) from the State directors 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00254
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
255 
affiliated with State agencies that perform the duties 
described in subsection (e)(2). 
‘‘(e) STATE RESPONSIBILITIES.— 
‘‘(1) IN GENERAL.—In order to receive Federal 
financial assistance under this section, the Governor 
of a State shall— 
‘‘(A) be responsible for the management of 
the portions of the workforce and labor market 
information system described in subsection (a) 
that comprise a statewide workforce and labor 
market information system and for the State’s 
participation in the development of the annual 
plan; 
‘‘(B) establish a process for the oversight 
of such system; 
‘‘(C) consult with State and local employ-
ers, participants, and local workforce invest-
ment boards about the labor market relevance 
of the data to be collected and disseminated 
through the statewide workforce and labor mar-
ket information system; 
‘‘(D) consult with State educational agen-
cies and local educational agencies concerning 
the provision of employment statistics in order 
to meet the needs of secondary school and post-
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00255
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
256 
secondary school students who seek such infor-
mation; 
‘‘(E) collect and disseminate for the sys-
tem, on behalf of the State and localities in the 
State, the information and data described in 
subparagraphs (A) and (B) of subsection 
(a)(1); 
‘‘(F) maintain and continuously improve 
the statewide workforce and labor market infor-
mation system in accordance with this section; 
‘‘(G) perform contract and grant respon-
sibilities for data collection, analysis, and dis-
semination for such system; 
‘‘(H) conduct such other data collection, 
analysis, and dissemination activities as will en-
sure an effective statewide workforce and labor 
market information system; 
‘‘(I) actively seek the participation of other 
State and local agencies in data collection, anal-
ysis, and dissemination activities in order to en-
sure complementarity, compatibility, and useful-
ness of data; 
‘‘(J) participate in the development of the 
annual plan described in subsection (c); and 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00256
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
257 
‘‘(K) utilize the quarterly records described 
in section 136(f)(2) of the Workforce Invest-
ment Act of 1998 to assist the State and other 
States in measuring State progress on State 
performance measures. 
‘‘(2) RULE
OF
CONSTRUCTION.—Nothing in 
this section shall be construed as limiting the ability 
of a Governor to conduct additional data collection, 
analysis, and dissemination activities with State 
funds or with Federal funds from sources other than 
this section. 
‘‘(f) NONDUPLICATION REQUIREMENT.—None of the 
functions and activities carried out pursuant to this sec-
tion shall duplicate the functions and activities carried out 
under the Carl D. Perkins Vocational and Applied Tech-
nology Education Act (20 U.S.C. 2301 et seq.). 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as may be necessary for each of the fiscal years 
2008 through 2012. 
‘‘(h) DEFINITION.—In this section, the term ‘local 
area’ means the smallest geographical area for which data 
can be produced with statistical reliability.’’. 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00257
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
258 
TITLE IV—AMENDMENTS TO THE 
REHABILITATION ACT OF 1973 
SEC. 401. FINDINGS. 
Section 2(a) of the Rehabilitation Act of 1973 (29 
U.S.C. 701(a)) is amended— 
(1) in paragraph (5), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (6), by striking the period and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(7) there is a substantial need to improve and 
expand services for students with disabilities under 
this Act.’’. 
SEC. 402. REHABILITATION SERVICES ADMINISTRATION. 
Section 3(a) of the Rehabilitation Act of 1973 (29 
U.S.C. 702(a)) is amended— 
(1) by striking ‘‘Office of the Secretary’’ and 
inserting ‘‘Department of Education’’; 
(2) by striking ‘‘President by and with the ad-
vice and consent of the Senate’’ and inserting ‘‘Sec-
retary, except that the Commissioner appointed 
under the authority existing on the day prior to the 
date of enactment of the Workforce Investment Im-
provement Act of 2007 may continue to serve in the 
former capacity’’; and 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00258
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
259 
(3) by striking ‘‘, and the Commissioner shall 
be the principal officer,’’. 
SEC. 403. DIRECTOR. 
(a) IN GENERAL.—The Rehabilitation Act of 1973 
(29 U.S.C. 701 et seq.) is amended— 
(1) by striking ‘‘Commissioner’’ each place it 
appears, except in sections 3(a) (as amended by sec-
tion 402) and 21, and inserting ‘‘Director’’; 
(2) in section 100(d)(2)(B), by striking ‘‘COM-
MISSIONER’’ and inserting ‘‘DIRECTOR’’; 
(3) in section 706, by striking ‘‘COMMIS-
SIONER’’ and inserting ‘‘DIRECTOR’’; and 
(4) in section 723(a)(3), by striking ‘‘COMMIS-
SIONER’’ and inserting ‘‘DIRECTOR’’. 
(b) EXCEPTION.—Section 21 of the Rehabilitation 
Act of 1973 (29 U.S.C. 718) is amended— 
(1) in subsection (b)(1)— 
(A) by striking ‘‘Commissioner’’ the first 
place it appears and inserting ‘‘Director of the 
Rehabilitation Services Administration’’; and 
(B) by striking ‘‘(referred to in this sub-
section as the ‘Director’)’’; and 
(2) by striking ‘‘Commissioner and the Direc-
tor’’ each place it appears and inserting ‘‘both such 
Directors’’. 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00259
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
260 
SEC. 404. DEFINITIONS. 
Section 7 of the Rehabilitation Act of 1973 (29 
U.S.C. 705) is amended— 
(1) by redesignating paragraphs (35) through 
(39) as paragraphs (36), (37), (38), (40), and (41), 
respectively; 
(2) in subparagraph (A)(ii) of paragraph (36) 
(as redesignated in paragraph (1)), by striking 
‘‘paragraph (36)(C)’’ and inserting ‘‘paragraph 
(37)(C)’’; 
(3) by inserting after paragraph (34) the fol-
lowing: 
‘‘(35)(A) The term ‘student with a disability’ 
means an individual with a disability who— 
‘‘(i) is not younger than 16 and not older 
than 21; 
‘‘(ii) has been determined to be eligible 
under section 102(a) for assistance under this 
title; and 
‘‘(iii)(I) is eligible for, and is receiving, 
special education under part B of the Individ-
uals with Disabilities Education Act (20 U.S.C. 
1411 et seq.); or 
‘‘(II) is an individual with a disability, for 
purposes of section 504. 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00260
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
261 
‘‘(B) The term ‘students with disabilities’ 
means more than 1 student with a disability.’’; and 
(4) by inserting after paragraph (38) (as redes-
ignated by paragraph (1)) the following: 
‘‘(39) The term ‘transition services expansion 
year’ means— 
‘‘(A) the first fiscal year for which the 
amount appropriated under section 100(b) ex-
ceeds the amount appropriated under section 
100(b) for fiscal year 2004 by not less than 
$100,000,000; and 
‘‘(B) each fiscal year subsequent to that 
first fiscal year.’’. 
SEC. 405. STATE PLAN. 
(a) COORDINATION WITH EDUCATION OFFICIALS 
AND
ASSISTIVE
TECHNOLOGY
PROGRAMS.—Section 
101(a)(11) of the Rehabilitation Act of 1973 (29 U.S.C. 
721(a)(11)) is amended— 
(1) in subparagraph (D)(i) by inserting ‘‘, 
which may be provided using alternative means of 
meeting participation (such as video conferences and 
conference calls)’’ before the semicolon; and 
(2) by adding at the end the following: 
‘‘(G) 
COORDINATION
WITH
ASSISTIVE 
TECHNOLOGY PROGRAMS.—The State plan shall 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00261
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
262 
include an assurance that the designated State 
unit and the lead agency responsible for car-
rying out duties under the Assistive Technology 
Act of 1998 (29 U.S.C. 3001), as amended, 
have developed working relationships and co-
ordinate their activities.’’. 
(b) 
ASSESSMENT
AND
STRATEGIES.—Section 
101(a)(15) of the Rehabilitation Act of 1973 (29 U.S.C. 
721(a)(15)) is amended— 
(1) in subparagraph (A) 
(A) in clause (i)— 
(i) in subclause (II), by striking 
‘‘and’’ at the end; 
(ii) in subclause (III), by adding 
‘‘and’’ at the end; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(IV) in a transition services ex-
pansion year, students with disabil-
ities, including their need for transi-
tion services;’’; and 
(B) by redesignating clauses (ii) and (iii) 
as clauses (iii) and (iv), respectively, and insert-
ing after clause (i) the following: 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00262
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
263 
‘‘(ii) include an assessment of the 
transition services provided under this Act, 
and coordinated with transition services 
under the Individuals with Disabilities 
Education Act, as to those services meet-
ing the needs of individuals with disabil-
ities;’’; and 
(2) in subparagraph (D)— 
(A) by redesignating clauses (iii), (iv), and 
(v) as clauses (iv), (v), and (vi), respectively; 
and 
(B) by inserting after clause (ii) the fol-
lowing: 
‘‘(iii) in a transition services expan-
sion year, the methods to be used to im-
prove and expand vocational rehabilitation 
services for students with disabilities, in-
cluding the coordination of services de-
signed to facilitate the transition of such 
students from the receipt of educational 
services in school to the receipt of voca-
tional rehabilitation services under this 
title or to postsecondary education or em-
ployment;’’. 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00263
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
264 
(c) SERVICES FOR STUDENTS WITH DISABILITIES.— 
Section 101(a) of the Rehabilitation Act of 1973 (29 
U.S.C. 721(a)) is further amended by adding at the end 
the following: 
‘‘(25) SERVICES FOR STUDENTS WITH DISABIL-
ITIES.—The State plan for a transition services ex-
pansion year shall provide an assurance satisfactory 
to the Secretary that the State— 
‘‘(A) has developed and implemented strat-
egies to address the needs identified in the as-
sessment described in paragraph (15), and 
achieve the goals and priorities identified by the 
State, to improve and expand vocational reha-
bilitation services for students with disabilities 
on a statewide basis in accordance with para-
graph (15); and 
‘‘(B) from funds reserved under section 
110A, shall carry out programs or activities de-
signed to improve and expand vocational reha-
bilitation services for students with disabilities 
that— 
‘‘(i) facilitate the transition of the stu-
dents with disabilities from the receipt of 
educational services in school, to the re-
ceipt of vocational rehabilitation services 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00264
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
265 
under this title, including, at a minimum, 
those services specified in the interagency 
agreement required in paragraph (11)(D); 
‘‘(ii) improve the achievement of post- 
school goals of students with disabilities, 
including 
improving 
the 
achievement 
through participation (as appropriate when 
vocational goals are discussed) in meetings 
regarding individualized education pro-
grams developed under section 614 of the 
Individuals with Disabilities Education Act 
(20 U.S.C. 1414); 
‘‘(iii) provide vocational guidance, ca-
reer exploration services, and job search 
skills and strategies and technical assist-
ance to students with disabilities; 
‘‘(iv) support the provision of training 
and technical assistance to State and local 
educational agency and designated State 
agency personnel responsible for the plan-
ning and provision of services to students 
with disabilities; and 
‘‘(v) support outreach activities to stu-
dents with disabilities who are eligible for, 
and need, services under this title.’’. 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00265
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS
266 
SEC. 406. SCOPE OF SERVICES. 
Section 103 of the Rehabilitation Act of 1973 (29 
U.S.C. 723) is amended— 
(1) in subsection (a), by striking paragraph 
(15) and inserting the following: 
‘‘(15) transition services for students with dis-
abilities, that facilitate the achievement of the em-
ployment outcome identified in the individualized 
plan for employment, including, in a transition serv-
ices expansion year, services described in clauses (i) 
through (iii) of section 101(a)(25)(B);’’; 
(2) in subsection (b), by striking paragraph (6) 
and inserting the following: 
‘‘(6)(A)(i) Consultation and technical assistance 
services to assist State and local educational agen-
cies in planning for the transition of students with 
disabilities from school to post-school activities, in-
cluding employment. 
‘‘(ii) In a transition services expansion year, 
training and technical assistance described in section 
101(a)(25)(B)(iv). 
‘‘(B) In a transition services expansion year, 
services for groups of individuals with disabilities 
who meet the requirements of clauses (i) and (iii) of 
section 7(35)(A), including services described in 
clauses 
(i), 
(ii), 
(iii), 
and 
(v) 
of 
section 
VerDate Aug 31 2005 
01:36 Oct 05, 2007
Jkt 069200
PO 00000
Frm 00266
Fmt 6652
Sfmt 6201
E:\BILLS\H3747.IH
H3747
bajohnson on PROD1PC71 with BILLS