II 117th CONGRESS 2d Session S. 5202 IN THE SENATE OF THE UNITED STATES December 7, 2022 Mr. Reed (for himself and Mr. Young ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Adult Education and Family Literacy Act and the Workforce Innovation and Opportunity Act to strengthen adult education.

1. Short title This Act may be cited as the Adult Education Workforce Opportunity and Reskilling for Knowledge and Success Act or the Adult Education WORKS Act . I Workforce development activities 101. Workforce development activities (a) Amendment to WIOA Except as otherwise expressly provided, whenever in this section an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ). (b) Definitions (1) In general Section 3 ( 29 U.S.C. 3102 ) is amended— (A) by striking paragraph (5); (B) by redesignating paragraphs (6) through (9) as paragraphs (5) through (8), respectively; (C) by inserting after paragraph (8), as redesignated by subparagraph (B), the following: (9) College and career navigator The term college and career navigator means an individual who— (A) has extensive knowledge of workforce development programs and services, postsecondary programs and services, Federal and other student financial aid for postsecondary education, and case management techniques; (B) supports persons who are accessing services under this Act, by gathering work history and skills information, providing tailored college and career guidance and labor market information, helping jobseekers identify training and educational options to best fit their needs, including Federal student aid and other assistance available to pay the costs of attendance at an institution of higher education or for participation in training, facilitating access to services, and facilitating co-enrollment of individuals in programs carried out under this title and title II; (C) provides or organizes provision of services to promote job readiness, digital literacy skills, information literacy skills, and the skills needed for success in postsecondary education, facilitates the successful transition of individuals to postsecondary education, coordinates activities with employers and with entities and individuals involved in the one-stop delivery system in the local area, and conducts community outreach; and (D) as determined appropriate by the one-stop operator or eligible provider of adult education and literacy activities involved, is responsible for recruitment of students in adult education and literacy activities and participants in workforce investment activities, provision of intensive case management, provision of career exploration services, and data collection associated with an activity specified in this subparagraph. ; (D) by redesignating paragraphs (12) through (14), (15) through (21), (22) through (26), and (27) through (71), as paragraphs (13) through (15), (17) through (23), (25) through (29), and (31) through (75), respectively; (E) by inserting after paragraph (11) the following: (12) Concurrent enrollment The term concurrent enrollment has the meaning given the term in section 203. ; (F) by inserting after paragraph (15), as redesignated by subparagraph (D), the following: (16) Digital literacy skills The term digital literacy skills has the meaning given the term in section 203. ; (G) by inserting after paragraph (23), as redesignated by subparagraph (D), the following: (24) Foundational skill needs The term foundational skill needs , used with respect to an individual, means— (A) in the case of an individual who is a youth, an individual who has English reading, writing, or computing skills at or below the 8th grade level on a generally accepted standardized test; or (B) in the case of an individual who is a youth or adult, an individual who is unable to compute or solve problems, or read, write, or speak English, at a level necessary to function on the job, in the individual’s family, or in society. ; and (H) by inserting after paragraph (29), as redesignated by subparagraph (D), the following: (30) Information literacy skills The term information literacy skills has the meaning given the term in section 203. . (2) Conforming amendments (A) Section 121(h)(2)(C)(ii) ( 29 U.S.C. 3151(h)(2)(C)(ii) ) is amended by striking section 3(13)(D) and inserting section 3(14)(D) . (B) Section 134(c)(3)(H)(i) ( 29 U.S.C. 3174(c)(3)(H)(i) ) is amended by striking section 3(44) and inserting section 3(48) . (C) Section 170(b)(1)(D)(i) ( 29 U.S.C. 3225(b)(1)(D)(i) ) is amended by striking section 3(15)(E) and inserting section 3(17)(E) . (D) Section 211(e)(3) ( 29 U.S.C. 3291(e)(3) ) is amended by striking section 3(45) and inserting section 3(49) . (c) State workforce development boards Section 101 ( 29 U.S.C. 3111 ) is amended— (1) in subsection (b)(1)(C)(ii)(IV), by inserting , and representatives of organizations that provide adult education after out-of-school youth ; and (2) in subsection (d)— (A) in paragraph (7)(A), by striking (as defined in section 202 of the Museum and Library Services Act ( 20 U.S.C. 9101 ); referred to in this Act as digital literacy skills ) ; (B) in paragraph (11), by striking and at the end; (C) by redesignating paragraph (12) as paragraph (13); and (D) by inserting after paragraph (11) the following: (12) in collaboration with providers of adult education and literacy activities, the promotion of the employment of college and career navigators by the one-stop centers in the State; and . (d) Program specifics for State plans Section 102(b)(2) ( 29 U.S.C. 3112(b)(2) ) is amended— (1) in subparagraph (D)(ii)— (A) in subclause (II), by striking item (dd) and inserting the following: (dd) integrated education and training, including how costs for such activities will be shared among relevant core programs; ; (B) in subclause (V), by adding and at the end; and (C) by adding at the end the following: (VI) how the eligible agency will promote, through funding priority or other means, professionalization of adult education and literacy activities through the adoption of staffing models that include requirements and support for teacher credentialing, standards, and support for ongoing in-service professional development, and career ladders that encourage movement from part-time to full-time teaching positions; ; and (2) in subparagraph (E)(iii)(II), by inserting providers of adult education and literacy activities, after institutions of higher education, . (e) Local boards Section 107 ( 29 U.S.C. 3122 ) is amended— (1) in subsection (c)(1), by adding at the end the following: (D) Information on membership The chief elected officials appointing the local board for a local area shall make publicly available information on the membership of the board (including information identifying how the membership composition requirements of subsection (b) have been met), including by posting that information on the website of each unit of general local government included in the local area. ; and (2) in subsection (d)— (A) in paragraph (5), by striking secondary and postsecondary education and inserting secondary, postsecondary, and adult education ; (B) in paragraph (7)(C)— (i) by inserting , in consultation with providers of public access to technology, after identifying strategies ; (ii) by inserting , including deliveries through public libraries, after traditional service delivery ; and (iii) by inserting and information literacy skills after digital literacy skills ; and (C) by adding at the end the following: (14) College and career navigators The local board, in collaboration with providers of adult education and literacy activities in the local area, shall promote the employment of college and career navigators by the one-stop centers and eligible providers (as defined in section 203) in the local area. . (f) Local plans Section 108 ( 29 U.S.C. 3123 ) is amended— (1) in subsection (b)(13), by inserting , including, in all local plans after the first such plan, a description of how the local board carried out such coordination and completed such review during the previous 4-year period after submitted under title II ; and (2) in subsection (d)(3), by inserting , along with a description of the actions the local board took in response to such comments after disagreement with the plan . (g) Indicators of performance Section 116(b)(2)(A) ( 29 U.S.C. 3141(b)(2)(A) ) is amended— (1) in clause (i), by striking subclauses (IV) and (V) and inserting the following: (IV) the percentages of program participants who, during participation in the program— (aa) obtain a recognized postsecondary credential or a secondary school diploma or its recognized equivalent; and (bb) are in an education or training program that leads to a recognized postsecondary credential or employment and who are achieving measurable skill gains toward such a credential or employment; (V) the percentages of program participants who, within 1 year after exit from the program— (aa) obtain a secondary school diploma or its recognized equivalent; (bb) have obtained or retained employment; and (cc) are in an education or training program leading to a recognized postsecondary credential; and ; (2) by striking clause (iii) and inserting the following: (iii) Interim indicators for adult education A State may develop interim indicators for measuring the percentage of program participants on track to meet the indicators described in subclauses (IV) and (V) of clause (i) for adult education and literacy activities authorized under title II. ; and (3) in clause (iv), by striking clauses (i)(VI) and inserting clause (i)(VI) . (h) Common participant individual record layout Section 116 ( 29 U.S.C. 3141 ) is amended by adding at the end the following: (j) Common participant individual record layout The Secretary of Labor and the Secretary of Education shall establish a common reporting system that covers, and that accommodates, the core programs, relating to participant records and the performance accountability measures described in subsection (b). . (i) One-Stop delivery systems Section 121 ( 29 U.S.C. 3151 ) is amended— (1) in subsection (d)(2)(B)— (A) by redesignating clauses (ii) through (vi) as clauses (iii) through (vii), respectively; and (B) by inserting after clause (i) the following: (ii) a public library; ; and (2) in subsection (e)— (A) in paragraph (2)(B)— (i) in clause (i), by striking and at the end; (ii) in clause (ii), by striking the semicolon and inserting ; and ; and (iii) by adding at the end the following: (iii) through one or more public libraries in accordance with paragraph (5); ; and (B) by adding at the end the following: (5) Information and services provided through public libraries A local board may use funds made available under subsection (h) to make programs, activities, and services available through a public library to the extent such library demonstrates to the local board— (A) that the library provides or will provide career services or other workforce development activities to address unmet need for such services or activities, such as by providing career services and other workforce development activities to individuals at days or times, and locations, at which the services or activities are not otherwise made available through the corresponding one-stop partners; (B) that the library will provide a physical location within the library, which may include a mobile library site, in which to serve individuals seeking services provided by a college and career navigator; and (C) the library's ability to leverage additional resources, such as staff, facilities, computer access, or learning materials, in order to extend the level of services otherwise provided through the local one-stop delivery system, particularly to geographically distant communities, communities for which physical one-stop centers are not easily accessible through public transportation, or communities in which there is inadequate access for the level of services needed. . (j) Digital literacy skills; information literacy skills Section 134(c) ( 29 U.S.C. 3174(c) ) is amended— (1) in paragraph (2)(A)— (A) in clause (iii), by inserting digital literacy, information literacy, after (including literacy, ; and (B) in clause (xii)(VI), by inserting digital literacy skills, information literacy skills, after learning skills, ; and (2) in paragraph (3)(D)— (A) by redesignating clauses (x) and (xi) as clauses (xii) and (xiii), respectively; and (B) by inserting after clause (ix) the following: (x) digital literacy skills training; (xi) information literacy skills training; . (k) Library-Based and community-Based college and career navigators Subtitle D of title I is amended by inserting after section 171 ( 29 U.S.C. 3226 ) the following: 171A. Library-based and community-based college and career navigators (a) Purpose The purpose of this section is to expand the capacity of State and local workforce development systems by leveraging the facilities and staff of libraries and community-based organizations to provide career navigation services to individuals through library-based and community-based college and career navigators. (b) Eligible entity In this section, the term eligible entity means a partnership between a State board or local board and 1 or more of the following: (1) A community-based organization. (2) A library (as defined in section 213 of the Library Services and Technology Act ( 20 U.S.C. 9122 )) that offers workforce development activities at no cost to individuals. (c) Grants authorized From funds made available under section 172(g), the Secretary is authorized to make grants to eligible entities to carry out the purpose of this section. (d) Application To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (e) Uses of funds (1) In general An eligible entity that receives a grant under this section shall use funds made available through the grant to establish a college and career navigator program within the library, community-based organization, or agency that is a partner of such eligible entity. (2) Activities of program A college and career navigator program established under paragraph (1) may hire, train, support, or retain 1 or more college and career navigators to provide career navigation services in coordination with a State or local workforce development system. . (l) Authorization of Appropriations Section 172 ( 20 U.S.C. 3227 ) is amended by adding at the end the following: (g) Library-Based and community-Based navigators There are authorized to be appropriated to carry out section 171A, $135,000,000 for fiscal year 2023 and each of the 4 succeeding fiscal years. . II Adult education and literacy 201. Purpose Section 202 of the Adult Education and Family Literacy Act ( 29 U.S.C. 3271 ) is amended— (1) in paragraph (1), by striking and economic self-sufficiency and inserting , economic self-sufficiency, and full participation in all aspects of adult life ; and (2) in paragraph (4)(A)— (A) in clause (i), by striking and after the semicolon; (B) in clause (ii), by striking and after the semicolon; and (C) by adding at the end the following: (iii) digital literacy skills; and (iv) information literacy skills; and . 202. Definitions Section 203 of the Adult Education and Family Literacy Act ( 29 U.S.C. 3272 ) is amended— (1) in paragraph (1)— (A) by striking postsecondary level and inserting college placement level ; (B) in subparagraph (B), by striking and after the semicolon; (C) by redesignating subparagraph (C) as subparagraph (E); and (D) by inserting after subparagraph (B) the following: (C) develop and use digital literacy skills; (D) develop and use information literacy skills; and ; (2) by redesignating paragraphs (3) through (9) and (10) through (17) as paragraphs (6) through (12) and (14) through (21), respectively; (3) by inserting after paragraph (2) the following: (3) College placement level The term college placement level means the level required for placement in college-level course work, rather than placement in developmental education, as demonstrated by achievement of a designated score on a placement test or other college-identified measure. (4) Concurrent enrollment The term concurrent enrollment means intentional, simultaneous enrollment in more than 1 one-stop partner program, as a strategy for leveraging resources and eliminating duplication of services while achieving the best possible outcomes. (5) Digital literacy skills The term digital literacy skills means the skills associated with— (A) using technology to enable users to find, evaluate, organize, create, and communicate information; and (B) developing digital citizenship and the responsible use of technology. ; (4) in paragraph (7), as redesignated by paragraph (2), in subparagraph (C)(i), by striking is basic skills deficient and inserting has foundational skills needs ; (5) in paragraph (9), as redesignated by paragraph (2), in subparagraph (B)(i)— (A) in subclause (I), by striking and after the semicolon; (B) in subclause (II), by striking or and inserting and ; and (C) by adding at the end the following: (III) development of digital literacy skills and information literacy skills; or ; (6) in paragraph (12), as redesignated by paragraph (2), in the matter preceding subparagraph (A), by inserting and educational after in the economic ; (7) by inserting after paragraph (12), as redesignated by paragraph (2), the following: (13) Information literacy skills The term information literacy skills means the set of skills needed to find, retrieve, understand, evaluate, analyze, discern the reliability and accuracy of, and effectively use information (which encompasses spoken and broadcast words and videos, printed materials, and digital content, data, and images). ; (8) in paragraph (15), as redesignated by paragraph (2), by inserting (and may be provided concurrently with other activities and services, such as adult basic education) after workforce training ; (9) in paragraph (17), as redesignated by paragraph (2), by striking and solve problems, at levels of proficiency necessary to function on the job, in the family of the individual, and in society and inserting solve problems, and use digital literacy skills and information literacy skills at levels of proficiency necessary to function effectively as an employee, a parent or family member, and a member of society ; and (10) in paragraph (21), as redesignated by paragraph (2)— (A) by inserting information literacy skills, after digital literacy skills, ; and (B) by striking and completion of . 203. Authorization of appropriations Section 206 of the Adult Education and Family Literacy Act ( 29 U.S.C. 3275 ) is amended by striking this title and all that follows through the period at the end and inserting this title $810,000,000 for fiscal year 2023, $945,000,000 for fiscal year 2024, $1,080,000,000 for fiscal year 2025, $1,215,000,000 for fiscal year 2026, and $1,350,000,000 for fiscal year 2027. . 204. Reservation of funds Section 211 of the Adult Education and Family Literacy Act ( 29 U.S.C. 3291 ) is amended in subsection (a)(1), by striking $15,000,000 and inserting $25,000,000 . 205. Performance and accountability system Section 212 of the Adult Education and Family Literacy Act ( 29 U.S.C. 3292 ) is amended to read as follows: 212. Performance and accountability system (a) In general Except as provided in subsection (b), programs and activities authorized under this title are subject to all of the performance accountability provisions described in section 116. (b) Pilot for innovative performance accountability systems (1) In general The Secretary shall approve an application from an eligible agency to pilot, for a subset of eligible providers within its State and as an alternative to the performance accountability system described in section 116, an innovative performance accountability system that uses alternative indicators of performance that have the potential to more accurately reflect the objectives and adult education and literacy activities of the eligible providers’ programs if the Secretary determines that an application from such an eligible agency meets the requirements of this subsection. (2) Pilot period An eligible agency applying to pilot an innovative performance accountability system under this subsection shall propose in its application the period of time that the agency desires to implement such system, except that the period shall not exceed 5 years. (3) Extension of a pilot period The Secretary shall approve an eligible agency’s request to extend the period of a pilot under this subsection if the Secretary determines that the innovative performance system is meeting the objectives of this subsection. (4) Application (A) In general An eligible agency desiring to undertake a pilot under this subsection shall submit an application at such time and in such manner as the Secretary may require. (B) Contents An application described in subparagraph (A) shall include— (i) a description of how the eligible agency engaged in an outreach process with eligible providers within its State to— (I) inform the eligible providers of the opportunity to implement a pilot under this subsection; and (II) engage with the eligible providers in the development of alternative indicators of performance; (ii) an explanation of whether and how the eligible agency established any standards or criteria for the alternative measures of performance that participating eligible providers could elect to use; (iii) a listing of the eligible providers that will participate in the proposed pilot and a description of the indicators of performance that each such provider will make use of through the pilot; (iv) a description of why the eligible agency and the participating eligible providers believe the proposed indicators of performance would more accurately measure the attainment of the objectives of such providers’ adult education and literacy activities than would the indicators of performance described in section 116(b)(2); (v) an explanation of how the proposed indicators of performance will be valid and reliable measures of education and employment consistent with purposes of this title; (vi) a description of how the eligible agency will collect, report to the Secretary, and make publicly available the proposed indicators of performance from each participating eligible provider on a timely basis; and (vii) an assurance that the eligible agency will, at the end of the pilot period, report to the Secretary on the outcomes of the pilot, including on whether the eligible agency met the objectives of the pilot. (C) Secretarial review and approval The Secretary shall determine whether to approve an application under this subsection by not later than 90 days of receiving the application. (D) Disapproval The Secretary shall not disapprove an application under this subsection without giving the applicant the opportunity to revise and resubmit the application. (5) Additional secretarial responsibilities The Secretary shall— (A) through the Director of the Institute of Education Sciences, carry out national evaluations of the implementation and outcomes of the pilots authorized under this subsection, with the first such evaluation to be completed not later than 5 years after the Secretary approves the first application from an eligible entity; (B) in consultation with the Director of the Institute of Education Sciences, identify best practices in the development and implementation of innovative performance accountability systems under this subsection; (C) disseminate information on those practices, including by making the information available on the website of the Department of Education; and (D) provide a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives on the results of the pilot program, including a comparison of the outcomes as measured by the innovative performance accountability systems implemented under this subsection and the performance measures described in section 116. . 206. Matching requirement Section 222(b) of the Adult Education and Family Literacy Act ( 29 U.S.C. 3302(b) ) is amended by inserting after paragraph (2) the following: (3) Public availability of information on matching funds Each eligible agency shall maintain, on the website of such agency and in an easily accessible format, information documenting the non-Federal contributions made available to adult education and literacy programs pursuant to this subsection, including the sources of such contributions and, in the case of funds made available by the State, the distribution of such funds to eligible providers. . 207. State leadership activities Section 223(a) of the Adult Education and Family Literacy Act ( 29 U.S.C. 3303(a) ) is amended— (1) in paragraph (1)(C)— (A) in clause (i), by striking programs, and inserting , family literacy, ; and (B) in clause (iii), by inserting and expand options for the education of adults after efficiencies ; and (2) in paragraph (2)— (A) in subparagraph (B), by inserting digital after implementation of ; (B) by redesignating subparagraphs (E) through (L) and subparagraph (M), as subparagraphs (F) through (M) and subparagraph (O), respectively; (C) by inserting after subparagraph (D) the following: (E) Developing content and models for family literacy programs. ; (D) in subparagraph (J), as redesignated by subparagraph (B), in clause (i), by striking and English language acquisition and inserting English language acquisition, digital literacy skills, and information literacy skills ; (E) in subparagraph (K), as redesignated by subparagraph (B), by inserting , such as the development and retention of policies for credentialing of adult educators who demonstrate effectiveness after retention ; (F) in subparagraph (L), as redesignated by subparagraph (B)— (i) by striking adult learners with learning disabilities or and inserting specific groups of adult learners, such as those with learning disabilities, those at the lowest levels of literacy, or those who are ; and (ii) by striking at the lowest achievement levels and inserting in appropriate and meaningful ways ; and (G) by inserting after subparagraph (M), as redesignated by subparagraph (B), the following: (N) Strengthening the quality of adult education and literacy programs in the State through support for improved credentials, program quality standards, and certification and accreditation requirements. . 208. Grants and contracts for eligible providers Section 231 of the Adult Education and Family Literacy Act ( 29 U.S.C. 3321 ) is amended— (1) in subsection (d), by striking subparagraphs (A) and (B) of section 203(4) and inserting subparagraphs (A) and (B) of section 203(8) ; and (2) in subsection (e)(2), by striking learning disabilities and inserting learning differences . 209. Local administrative cost limits Section 233(a) of the Adult Education and Family Literacy Act ( 29 U.S.C. 3323(a) ) is amended— (1) in paragraph (1), by inserting and for professional development after literacy activities ; and (2) in paragraph (2), by striking professional development, . 210. National leadership activities Section 242 of the Adult Education and Family Literacy Act ( 29 U.S.C. 3332 ) is amended— (1) in subsection (b)— (A) by striking paragraph (1) and inserting the following: (1) assistance to help States meet the requirements of section 116 in order to ensure— (A) that the outcomes and other data required pursuant to section 116 are collected and reported in a timely and accessible manner; and (B) that such data are reported consistently across States and eligible providers and are reviewed for quality and consistency at the Federal level. ; (B) by redesignating paragraphs (2) through (4) as paragraphs (5) through (7), respectively; and (C) by inserting after paragraph (1) the following: (2) technical assistance to participating eligible agencies and eligible providers in implementing innovative performance accountability systems under section 212(b)(1); (3) grants to such agencies and providers to assist them in implementing such systems; (4) carrying out the national evaluations required under section 212(b)(5)(A); and (2) in subsection (c)— (A) in paragraph (1)(C), by inserting skills and information literacy skills after digital literacy ; and (B) in paragraph (2)— (i) in subparagraph (C)(vii)— (I) in the matter preceding subclause (I), by striking best practices and inserting effective practices ; (II) in subclause (I), by striking adults with learning disabilities and with and inserting specific populations, such as adults with learning differences, adults with the lowest levels of literacy or numeracy, adults who are supporting the education of their children, and ; (III) by redesignating subclauses (III) and (IV) as subclauses (IV) and (V), respectively; (IV) by inserting after subclause (II) the following: (III) family literacy programs; ; and (V) in subclause (IV), as redesignated by subclause (III), by inserting , including digital literacy skills and information literacy skills development after activities ; (ii) in subparagraph (D)— (I) in clause (ii), by inserting for themselves and their children after education and training ; and (II) in clause (iii), by inserting , such as counseling, transportation, and child care, after support services ; (iii) in subparagraph (F), by striking and after the semicolon; (iv) by redesignating subparagraph (G) as subparagraph (K); and (v) by inserting after subparagraph (F) the following: (G) developing and rigorously evaluating model programs for the preparation of highly effective adult educators; (H) carrying out initiatives to support the professionalization of adult education through the creation and implementation of full-time staffing models; (I) providing professional development and technical assistance to adult educators that is designed to help ensure that adult education and family literacy programs build pathways to future success for all adult learners; (J) strengthening the quality of adult education and literacy programs through support for improved credentials, program quality standards, and certification and accreditation requirements that States may adopt on a voluntary basis; and . 211. Integrated English literacy and civics education Section 243 of the Adult Education and Family Literacy Act ( 29 U.S.C. 3333 ) is amended— (1) in subsection (a), by striking , in combination with integrated education and training activities ; and (2) in subsection (c), by striking designed and all that follows through the period at the end and inserting the following: designed to prepare adults who are English learners for full participation in the economic, educational, and civic life of the community, which may include integration with the local workforce development system. .