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State programs related to the workforce and edu-
cation programs;
‘‘(E) activities that support the development
of a statewide integrated performance informa-
tion system that includes common measures for
one-stop partner programs described in section
121;
‘‘(F) activities that align management in-
formation systems with integrated performance
information across the one-stop partner pro-
grams; or
‘‘(G) activities that support local workforce
investment boards or areas in improving per-
formance in workforce and education programs
and program coordination of workforce and edu-
cation programs.
‘‘(4) WAIVER.—For States that have developed
and implemented a statewide integrated performance
information system with common measures, as de-
scribed in paragraph (3)(E), for the one-stop partner
programs, the Secretary may waive for the State such
reporting requirements for the one-stop partner pro-
grams as the Secretary has authority or agreement to
waive.
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‘‘(5) TECHNICAL
ASSISTANCE.—The Secretary
shall reserve 4 percent of the funds available for
grants under this section to provide technical assist-
ance to States—
‘‘(A) to replicate best practices for workforce
and education programs;
‘‘(B) to develop integrated performance in-
formation systems for the one-stop partner pro-
grams;
‘‘(C) to strengthen coordination between
workforce and education programs and other
education programs; or
‘‘(D) to strengthen economic development.
‘‘(6) DEFINITION.—As used in this subsection,
the term ‘hard-to-serve populations’ has the meaning
given the term in section 101.’’;
(2) in subsection (b)(2)—
(A) in the matter preceding subparagraph
(A), by striking ‘‘only’’ and all that follows
through ‘‘assurances:’’ and inserting ‘‘to ensure
that the application contains, and to determine
the accuracy of, the following assurances:’’; and
(B) by striking subparagraph (C) and in-
serting the following:
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‘‘(C) the State meets the requirements of
subparagraph (A) or (B) of subsection (a)(2).’’;
and
(3) by striking subsection (d).
Subtitle G—Conforming
Amendments
SEC. 171. TABLE OF CONTENTS.
Section 1(b) (29 U.S.C. 9201 note) is amended—
(1) by striking the item relating to section 106
and inserting the following:
‘‘Sec. 106. Purposes.’’;
(2) by striking the item relating to section 123
and inserting the following:
‘‘Sec. 123. Eligible providers of youth activities.’’;
(3) by striking the item relating to section 169
and inserting the following:
‘‘Sec. 169. Youth challenge grants.’’;
(4) by striking the item relating to section 173
and inserting the following:
‘‘Sec. 173. National dislocated worker grants.’’;
(5) by striking the item relating to section 193
and inserting the following:
‘‘Sec. 193. Transfer of Federal equity in State employment security agency real
property to the States.’’;
(6) by inserting after the item relating to section
243 the following:
‘‘Sec. 244. Integrated English literacy and civics education.’’;
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and
(7) by striking the item relating to section 502.
SEC. 172. CONFORMING AMENDMENTS.
(a) TRADE ACT OF 1974.—Section 235 of the Trade
Act of 1974 (19 U.S.C. 2295) is amended by striking ‘‘sec-
tion 134(c) of the Workforce Investment Act of 1998 (29
U.S.C. 2864(c))’’ and inserting ‘‘section 121(e) of the Work-
force Investment Act of 1998 (29 U.S.C. 2841(e))’’.
(b) ADULT EDUCATION AND FAMILY LITERACY ACT.—
Section 212(b)(3)(A)(vi) of the Adult Education and Fam-
ily Literacy Act (20 U.S.C. 9212(b)(3)(A)(vi)) is amended
by striking ‘‘the representatives described in section
136(i)(1)’’ and inserting ‘‘representatives of appropriate
Federal agencies, and representatives of States and political
subdivisions, business and industry, employees, eligible pro-
viders of employment and training activities (as defined in
section 101), educators, and participants (as defined in sec-
tion 101), with expertise regarding workforce investment
policies and workforce investment activities (as defined in
section 101)’’.
(c) OLDER AMERICANS ACT OF 1965.—
(1) Subparagraphs (H) and (O) of section
502(b)(1) of the Older Americans Act of 1965 (42
U.S.C. 3056(b)(1)) are amended by striking ‘‘section
134(c) of the Workforce Investment Act of 1998 (29
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U.S.C. 2864(c))’’ and inserting ‘‘section 121(e) of the
Workforce Investment Act of 1998 (29 U.S.C.
2841(e))’’.
(2) Section 505(c)(1) of the Older Americans Act
of 1965 (42 U.S.C. 3056c(c)(1)) is amended by strik-
ing ‘‘section 134(c) of such Act (29 U.S.C. 2864(c))’’
and inserting ‘‘section 121(e) of such Act (29 U.S.C.
2841(e))’’.
(3) Section 512(a) of the Older Americans Act of
1965 (42 U.S.C. 3056j(a)) is amended—
(A) by striking ‘‘(B)(vi)’’ and inserting
‘‘(B)(v)’’; and
(B) by striking ‘‘section 134(c) of such Act
(29 U.S.C. 2864(c))’’ and inserting ‘‘section
121(e) of such Act (29 U.S.C. 2841(e))’’.
TITLE II—AMENDMENTS TO THE
ADULT EDUCATION AND FAM-
ILY LITERACY ACT
SEC. 201. SHORT TITLE; PURPOSE.
(a) SHORT TITLE.—This title may be cited as the
‘‘Adult Education and Family Literacy Act Amendments
of 2005’’.
(b) PURPOSE.—Section 202 of the Adult Education
and Family Literacy Act (20 U.S.C. 9201) is amended—
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(1) in paragraph (2), by striking ‘‘and’’ after the
semicolon;
(2) in paragraph (3), by striking ‘‘education.’’
and inserting ‘‘education and in the transition to
postsecondary education; and’’; and
(3) by adding at the end the following:
‘‘(4) assist immigrants and other individuals
with limited English proficiency in improving their
reading, writing, speaking, and mathematics skills
and acquiring an understanding of the American free
enterprise system, individual freedom, and the re-
sponsibilities of citizenship.’’.
SEC. 202. DEFINITIONS.
Section 203 of the Adult Education and Family Lit-
eracy Act (20 U.S.C. 9202) is amended—
(1) in paragraph (1)—
(A) in the matter preceding subparagraph
(A), by striking ‘‘services or instruction below
the postsecondary level’’ and inserting ‘‘academic
instruction and education services below the
postsecondary level that increase an individual’s
ability to read, write, and speak in English and
perform mathematics’’; and
(B) by striking subparagraph (C)(i) and in-
serting the following:
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‘‘(i) are basic skills deficient as defined
in section 101;’’;
(2) in paragraph (2), by striking ‘‘activities de-
scribed in section 231(b)’’ and inserting ‘‘programs
and services which include reading, writing, speaking,
or mathematics skills, workplace literacy activities,
family literacy activities, English language acquisi-
tion activities, or other activities necessary for the at-
tainment of a secondary school diploma or its State
recognized equivalent’’;
(3) in paragraph (5)—
(A) by inserting ‘‘an organization that has
demonstrated effectiveness in providing adult
education, that may include’’ after ‘‘means’’;
(B) in subparagraph (B), by striking ‘‘of
demonstrated effectiveness’’;
(C) in subparagraph (C), by striking ‘‘of
demonstrated effectiveness’’; and
(D) in subparagraph (I), by inserting ‘‘or
coalition’’ after ‘‘consortium’’;
(4) in paragraph (6)—
(A) by striking ‘‘LITERACY PROGRAM’’ and
inserting ‘‘LANGUAGE ACQUISITION PROGRAM’’;
(B) by striking ‘‘literacy program’’ and in-
serting ‘‘language acquisition program’’; and
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(C) by inserting ‘‘reading, writing, and
speaking’’ after ‘‘competence in’’;
(5) by striking paragraph (10);
(6) by redesignating paragraphs (7) through (9)
and (12) through (18) as paragraphs (8) through (10)
and (13) through (19), respectively;
(7) by inserting after paragraph (6) the fol-
lowing:
‘‘(7) ESSENTIAL COMPONENTS OF READING IN-
STRUCTION.—The term ‘essential components of read-
ing instruction’ has the meaning given the term in
section 1208 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6368).’’;
(8) by inserting after paragraph (11) the fol-
lowing:
‘‘(12) LIMITED
ENGLISH
PROFICIENCY.—The
term ‘limited English proficiency’, when used with re-
spect to an individual, means an adult or out-of-
school youth who has limited ability in speaking,
reading, writing, or understanding the English lan-
guage, and—
‘‘(A) whose native language is a language
other than English; or
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‘‘(B) who lives in a family or community
environment where a language other than
English is the dominant language.’’;
(9) by striking paragraph (15), as redesignated
by paragraph (6), and inserting the following:
‘‘(15) OUTLYING
AREA.—The term ‘outlying
area’ means the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the
Northern Mariana Islands.’’; and
(10) by striking paragraph (19), as redesignated
by paragraph (6), and inserting the following:
‘‘(19) WORKPLACE
LITERACY
PROGRAM.—The
term ‘workplace literacy program’ means an edu-
cational program designed to improve the produc-
tivity of the workforce through the improvement of lit-
eracy skills that is offered by an eligible provider in
collaboration with an employer or an employee orga-
nization at a workplace, at an off-site location, or in
a simulated workplace environment.’’.
SEC. 203. HOME SCHOOLS.
Section 204 of the Adult Education and Family Lit-
eracy Act (20 U.S.C. 9203) is amended to read as follows:
‘‘SEC. 204. HOME SCHOOLS.
‘‘Nothing in this title shall be construed to affect home
schools, whether a home school is treated as a home school
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or a private school under State law, or to compel a parent
engaged in home schooling to participate in an English lan-
guage acquisition program, family literacy services, or
adult education.’’.
SEC. 204. AUTHORIZATION OF APPROPRIATIONS.
Section 205 of the Adult Education and Family Lit-
eracy Act (20 U.S.C. 9204) is amended—
(1) by striking ‘‘1999’’ and inserting ‘‘2006’’;
and
(2) by striking ‘‘2003’’ and inserting ‘‘2011’’.
SEC. 205. RESERVATION OF FUNDS; GRANTS TO ELIGIBLE
AGENCIES; ALLOTMENTS.
Section 211 of the Adult Education and Family Lit-
eracy Act (20 U.S.C. 9211) is amended—
(1) by striking subsection (a) and inserting the
following:
‘‘(a) RESERVATION OF FUNDS.—From the sum appro-
priated under section 205 for a fiscal year, the Secretary—
‘‘(1) shall reserve 1.5 percent to carry out section
242, except that the amount so reserved shall not ex-
ceed $10,000,000;
‘‘(2) shall reserve 1.5 percent to carry out section
243 and subsection (f)(4), except that the amount so
reserved shall not exceed $8,000,000;
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‘‘(3) shall make available, to the Secretary of
Labor, 1.72 percent for incentive grants under section
503; and
‘‘(4) shall reserve 12 percent of the amount that
remains after reserving funds under paragraphs (1),
(2) and (3) to carry out section 244.’’;
(2) in subsection (c)(2)—
(A) by inserting ‘‘and the sole agency re-
sponsible for administering or supervising policy
for adult education and literacy in the Republic
of Palau’’ after ‘‘an initial allotment under
paragraph (1)’’;
(B) by inserting ‘‘or served by the agency
for the Republic of Palau’’ after ‘‘by the eligible
agency’’; and
(C) by striking ‘‘States and outlying areas’’
and inserting ‘‘States, outlying areas, and the
Republic of Palau’’;
(3) in subsection (e)—
(A) in paragraph (1)—
(i) by striking ‘‘the Republic of the
Marshall Islands, the Federated States of
Micronesia, and’’; and
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(ii) by striking ‘‘the Republic of the
Marshall Islands, the Federated States of
Micronesia, or’’ and inserting ‘‘or’’; and
(B) in paragraph (3)—
(i) by striking ‘‘the Republic of the
Marshall Islands, the Federated States of
Micronesia, and’’; and
(ii) by striking ‘‘2001’’ and inserting
‘‘2007’’;
(4) by striking subsection (f) and inserting the
following:
‘‘(f) HOLD-HARMLESS PROVISIONS.—
‘‘(1) IN GENERAL.—Notwithstanding subsection
(c) and subject to paragraph (2), for fiscal year 2005
and each succeeding fiscal year, no eligible agency
shall receive an allotment under this section that is
less than 90 percent of the allotment the eligible agen-
cy received for the preceding fiscal year under this
section.
‘‘(2) 
100 
PERCENT
ALLOTMENT.—Notwith-
standing paragraphs (1) and (2) of subsection (e), an
eligible agency that receives only an initial allotment
under subsection (c)(1) (and no additional allotment
under subsection (c)(2)) shall receive an allotment
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under this section that is equal to 100 percent of the
initial allotment under subsection (c)(1).
‘‘(3) RATABLE
REDUCTION.—If for any fiscal
year the amount available for allotment under this
subtitle is insufficient to satisfy the provisions of
paragraphs (1) and (2), the Secretary shall ratably
reduce the payments to all eligible agencies, as nec-
essary.
‘‘(4) ADDITIONAL ASSISTANCE.—
‘‘(A) IN GENERAL.—From amounts reserved
under subsection (a)(2), the Secretary shall make
grants to eligible agencies described in subpara-
graph (B) to enable such agencies to provide ac-
tivities authorized under chapter 2.
‘‘(B) ELIGIBILITY.—An eligible agency is
eligible to receive a grant under this paragraph
for a fiscal year if the amount of the allotment
such agency receives under this section for the
fiscal year is less than the amount such agency
would have received for the fiscal year if the al-
lotment formula under this section as in effect on
September 30, 2003, were in effect for such year.
‘‘(C) AMOUNT OF GRANT.—The amount of a
grant made to an eligible agency under this
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paragraph for a fiscal year shall be the difference
between—
‘‘(i) the amount of the allotment such
agency would have received for the fiscal
year if the allotment formula under this sec-
tion as in effect on September 30, 2003,
were in effect for such year; and
‘‘(ii) the amount of the allotment such
agency receives under this section for the
fiscal year.’’; and
(5) by adding at the end the following:
‘‘(h) STUDY AND REPORT.—
‘‘(1) STUDY.—The Comptroller General of the
United States shall conduct a study concerning the
formula described in this section and, in conducting
the study, shall at a minimum—
‘‘(A) examine whether the formula results in
a distribution of funds that sufficiently serves the
entire population of individuals eligible for adult
education and literacy activities under this sub-
title;
‘‘(B) examine whether the data used to
count qualified adults, for purposes of the for-
mula, accurately measure the population of indi-
viduals eligible for the activities; and
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‘‘(C) develop recommendations for improv-
ing the formula so that the formula results in a
distribution of funds that better serves that popu-
lation and the data used to count qualified
adults accurately measure that population.
‘‘(2) REPORT.—Not later than 3 years after the
date of enactment of the Workforce Investment Act
Amendments of 2005, the Comptroller General shall
submit to Congress a report containing the results of
the study described in paragraph (1).’’.
SEC. 206. PERFORMANCE ACCOUNTABILITY SYSTEM.
Section 212 of the Adult Education and Family Lit-
eracy Act (20 U.S.C. 9212) is amended—
(1) in subsection (b)—
(A) in paragraph (1)(A)(ii), by striking
‘‘additional indicators of performance (if any)’’
and inserting ‘‘the employment performance in-
dicators’’;
(B) by striking paragraph (2) and inserting
the following:
‘‘(2) INDICATORS OF PERFORMANCE.—
‘‘(A) CORE
INDICATORS
OF
PERFORM-
ANCE.—An eligible agency shall identify in the
State plan individual academic performance in-
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dicators that include, at a minimum, the fol-
lowing:
‘‘(i) Measurable improvements in lit-
eracy skill levels in reading, writing, and
speaking the English language, numeracy,
problem solving, English language acquisi-
tion, and other literacy skills.
‘‘(ii) Placement in, retention in, or
completion of, postsecondary education or
other training programs.
‘‘(iii) Completion of a secondary school
diploma, its recognized equivalent, or a rec-
ognized alternative standard for individuals
with disabilities.
‘‘(B) EMPLOYMENT PERFORMANCE INDICA-
TORS.—
‘‘(i) IN GENERAL.—An eligible agency
shall identify in the State plan individual
participant employment performance indi-
cators that include, at a minimum, the fol-
lowing:
‘‘(I) Entry into unsubsidized em-
ployment.
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‘‘(II) Retention in unsubsidized
employment 6 months after entry into
the employment.
‘‘(III) Increases in earnings from
unsubsidized employment.
‘‘(ii) DATA
COLLECTION.—The State
workforce investment board shall assist the
eligible agency in obtaining and using
quarterly wage records to collect data for
each of the indicators described in clause
(i), consistent with applicable Federal and
State privacy laws.
‘‘(C) INDICATORS
FOR
WORKPLACE
LIT-
ERACY
PROGRAMS.—Special 
accountability
measures may be negotiated for workplace lit-
eracy programs.’’; and
(C) in paragraph (3)—
(i) in subparagraph (A)—
(I) in clause (i)(II), by striking
‘‘in performance’’ and inserting ‘‘the
agency’s performance outcomes in an
objective, quantifiable, and measurable
form’’;
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(II) in clause (ii), by striking ‘‘3
program years’’ and inserting ‘‘2 pro-
gram years’’;
(III) in clause (iii), by striking
‘‘FIRST 3 YEARS’’ and inserting ‘‘FIRST
2 YEARS’’;
(IV) in clause (iii), by striking
‘‘first 3 program years’’ and inserting
‘‘first 2 program years’’;
(V) in clause (v), by striking ‘‘4TH
AND
5TH’’ and inserting ‘‘3RD
AND
4TH’’;
(VI) in clause (v), by striking ‘‘to
the fourth’’ and inserting ‘‘to the
third’’;
(VII) in clause (v), by striking
‘‘fourth and fifth’’ and inserting ‘‘third
and fourth’’; and
(VIII) in clause (vi), by striking
‘‘(II)’’ and inserting ‘‘(I)’’;
(ii) in subparagraph (B)—
(I) by striking the heading and
inserting ‘‘LEVELS
OF
EMPLOYMENT
PERFORMANCE’’;
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(II) by striking ‘‘may’’ and in-
serting ‘‘shall’’; and
(III) by striking ‘‘additional’’ and
inserting ‘‘employment performance’’;
and
(iii) by adding at the end the fol-
lowing:
‘‘(C) 
ALTERNATIVE
ASSESSMENT
SYS-
TEMS.—Eligible agencies may approve the use of
assessment systems that are not commercially
available standardized systems if such systems
meet the Standards for Educational and Psycho-
logical Testing issued by the Joint Committee on
Standards for Educational and Psychological
Testing of the American Educational Research
Association, the American Psychological Associa-
tion, and the National Council on Measurement
in Education.’’;
(2) in subsection (c)—
(A) in paragraph (1)—
(i) by inserting ‘‘, the Governor, the
State legislature, and the State workforce
investment board’’ after ‘‘Secretary’’; and
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(ii) by striking ‘‘including’’ and all
that follows through the period and insert-
ing ‘‘including the following:
‘‘(A) Information on the levels of perform-
ance achieved by the eligible agency with respect
to the core indicators of performance, and em-
ployment performance indicators.
‘‘(B) Information on the number or percent-
age of qualifying adults (as defined in section
211(d)) who are participants in adult education
programs under this subtitle and making satis-
factory progress toward 1 or more of each of the
following:
‘‘(i) Core indicators of performance.
‘‘(ii) Employment performance indica-
tors.
‘‘(iii) Other long-term objectives.
‘‘(C) The number and type of each eligible
provider that receives funding under such grant.
‘‘(D) The number of enrollees 16 to 18 years
of age who enrolled in adult education not later
than 1 year after participating in secondary
school education.’’;
(B) in paragraph (2)(A), by inserting ‘‘eli-
gible providers and’’ after ‘‘available to’’; and
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(C) by adding at the end the following:
‘‘(3) DATA ACCESS.—The report made available
under paragraph (2) shall indicate which eligible
agencies did not have access to State unemployment
insurance wage data in measuring employment per-
formance indicators.’’; and
(3) by adding at the end the following:
‘‘(d) PROGRAM IMPROVEMENT.—
‘‘(1) IN GENERAL.—If the Secretary determines
that an eligible agency did not meet its adjusted levels
of performance for the core indicators of performance
described in subsection (b)(2)(A) for any program
year, the eligible agency shall—
‘‘(A) work with the Secretary to develop and
implement a program improvement plan for the
2 program years succeeding the program year in
which the eligible agency did not meet its ad-
justed levels of performance; and
‘‘(B) revise its State plan under section
224, if necessary, to reflect the changes agreed to
in the program improvement plan.
‘‘(2) FURTHER ASSISTANCE.—If, after the period
described in paragraph (1)(A), the Secretary has pro-
vided technical assistance to the eligible agency but
determines that the eligible agency did not meet its
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adjusted levels of performance for the core indicators
of performance described in subsection (b)(2)(A), the
Secretary may require the eligible agency to make
further revisions to the program improvement plan
described in paragraph (1). Such further revisions
shall be accompanied by further technical assistance
from the Secretary.’’.
SEC. 207. STATE ADMINISTRATION.
Section 221(1) of the Adult Education and Family
Literacy Act (20 U.S.C. 9221(1)) is amended by striking
‘‘and implementation’’ and inserting ‘‘implementation, and
monitoring’’.
SEC. 208. STATE DISTRIBUTION OF FUNDS; MATCHING RE-
QUIREMENT.
Section 222 of the Adult Education and Family Lit-
eracy Act (20 U.S.C. 9222) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking ‘‘82.5’’ the first place
such term appears and inserting ‘‘80’’; and
(ii) by striking ‘‘the 82.5 percent’’ and
inserting ‘‘such amount’’;
(B) in paragraph (2), by striking ‘‘not more
than 12.5 percent’’ and inserting ‘‘not more than
15 percent’’; and
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(C) in paragraph (3), by striking ‘‘$65,000’’
and inserting ‘‘$75,000’’; and
(2) in subsection (b)(1), by striking ‘‘equal to’’
and inserting ‘‘that is not less than’’.
SEC. 209. STATE LEADERSHIP ACTIVITIES.
Section 223 of the Adult Education and Family Lit-
eracy Act (20 U.S.C. 9223) is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1),
by inserting ‘‘to develop or enhance the adult
education system of the State or outlying area’’
after ‘‘activities’’;
(B) in paragraph (1), by striking ‘‘instruc-
tion incorporating’’ and all that follows through
the period and inserting ‘‘instruction incor-
porating the essential components of reading in-
struction and instruction provided by volunteers
or by personnel of a State or outlying area.’’;
(C) in paragraph (2), by inserting ‘‘, in-
cluding development and dissemination of in-
structional and programmatic practices based on
the most rigorous research available and appro-
priate, including scientifically based research
that is available and appropriate, in reading,
writing, speaking, mathematics, English lan-
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guage acquisition programs, distance learning,
and staff training’’ after ‘‘activities’’;
(D) in paragraph (5), by striking ‘‘moni-
toring and’’;
(E) by striking paragraph (6) and inserting
the following:
‘‘(6) The development and implementation of
technology applications, translation technology, or
distance learning, including professional development
to support the use of instructional technology.’’; and
(F) by striking paragraph (7) through
paragraph (11) and inserting the following:
‘‘(7) Coordination with—
‘‘(A) other partners carrying out activities
authorized under this Act; and
‘‘(B) existing support services, such as
transportation, child care, mental health services,
and other assistance designed to increase rates of
enrollment in, and successful completion of,
adult education and literacy activities, for adults
enrolled in such activities.
‘‘(8) Developing and disseminating curricula, in-
cluding curricula incorporating the essential compo-
nents of reading instruction as such components re-
late to adults.