To amend and improve provisions relating to the workforce investment and adult education systems of the Nation.

July 31 (legislative day, JULY 21), 2003

Mrs. CLINTON (for herself, Mr. ENSIGN, and Mr. BINGAMAN) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

To amend and improve provisions relating to the workforce investment and adult education systems of the Nation.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Access to Employment and English Acquisition Act of 2003'.

SEC. 2. FINDINGS.

Congress finds the following:

(1) Approximately 17,800,000 adults in the United States have limited English proficiency.

(2) Approximately 90,000,000 adults in the United States are reading at levels that are insufficient to allow the adults to participate fully in the economy and to obtain new skills necessary for success.

(3) A significant contributor to low literacy is limited English speaking and reading ability.

(4) Individuals with limited English proficiency are the fastest growing segment of the individuals participating in the adult education, language, and literacy system.

(5) Programs that provide simultaneous courses in English language instruction go a long way toward meeting the needs of English language learners.

(6) Lack of English proficiency is a significant barrier to obtaining training and employment.

(7) English language learners make up nearly 50 percent of persons enrolled in federally funded adult education programs.

(8) The concentration of English language learners across the United States is not uniform, leaving some States with a far greater need to provide English as a second language services than others.

(9) New immigrants accounted for nearly half of the growth in the civilian labor force between 1990 and 2000. Immigrants are projected to account for all of the growth in the prime-age labor force between 2000 and 2020.

(10) Immigrants who are fluent in oral and written English earn approximately 24 percent more than immigrants who lack that fluency, regardless of vocational qualifications.

(11) Current workforce development policies and programs have been ineffective in serving immigrants and persons who are limited English proficient.

(12) Programs that integrate skills acquisition, training, and language acquisition have demonstrated remarkable employment outcomes.

TITLE I--AMENDMENTS CONCERNING WORKFORCE INVESTMENT SYSTEMS

SEC. 101. DEFINITIONS.

Section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801) is amended--

(1) by redesignating paragraphs (18) through (53) as paragraphs (19) through (54), respectively; and

(2) by inserting after paragraph (17) the following:

`(18) INTEGRATED TRAINING- The term `integrated training' means training that integrates occupational skills training with language acquisition.'.

SEC. 102. SERVICES FOR INDIVIDUALS WHO ARE LIMITED ENGLISH PROFICIENT.

(a) STATE PLAN- Section 112(b)(17)(A)(iv) of the Workforce Investment Act of 1998 (29 U.S.C. 2822(b)(17)(A)(iv)) is amended by inserting `individuals who are Limited English Proficient' between `non-traditional employment' and `and other individuals with multiple barriers to employment'.

(b) INTERPRETATION AND TRANSLATION SERVICES- Section 188(a) of the Workforce Investment Act of 1998 (29 U.S.C. 2938(a)) is amended by adding at the end the following:

`(6) INTERPRETATION AND TRANSLATION SERVICES- One-stop centers referred to in section 134(c) shall provide appropriate interpretation and translation services to individuals who are limited English proficient, as required by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).'.

SEC. 103. ELIGIBILITY AND PERFORMANCE MEASURES.

(a) PERFORMANCE AND COST INFORMATION- Section 122(d)(3) of the Workforce Investment Act of 1998 (29 U.S.C. 2842(d)(3)) is amended by adding at the end the following:

`(C) ADULT EDUCATION AND FAMILY LITERACY ACT REQUIREMENTS- The local board and the designated State agency described in subsection (i) may accept program-specific performance information consistent with the requirements for eligibility under the Adult Education and Family Literacy Act (20 U.S.C. 9201 et seq.) from a provider for the purpose of enabling the provider to fulfill the applicable requirements of this subsection, if such information is substantially similar to the information otherwise required under this subsection.'.

(b) INTEGRATED TRAINING PROGRAMS- Section 122(h) of the Workforce Investment Act of 1998 (29 U.S.C. 2842(h)) is amended--

(1) in the heading, by striking `OR CUSTOMIZED TRAINING' and inserting `, CUSTOMIZED TRAINING, OR INTEGRATED TRAINING';

(2) in paragraph (1), by striking `or customized training' and inserting `, customized training, or integrated training'; and

(3) in paragraph (2), by striking `and customized training' and inserting `, customized training, and integrated training'.

(c) LEVELS OF PERFORMANCE- Section 136(b)(3)(A)(iv)(II) of the Workforce Investment Act of 1998 (29 U.S.C. 2871(b)(3)(A)(iv)(II)) is amended by inserting `, including their indicators of poor work history, lack of work experience, low levels of literacy or English proficiency, disability status, and welfare dependency,' after `entered the program'.

(d) INCENTIVE GRANTS-

(1) IN GENERAL- Section 136 (29 U.S.C. 2871) is amended by adding at the end the following:

`(j) INCENTIVE GRANTS FOR STATES-

`(1) IN GENERAL- From funds appropriated under section 174(b), the Secretary may award incentive grants to States for exemplary performance in carrying out programs under chapters 4 and 5.

`(2) BASIS- The Secretary may award the grants on the basis--

`(A) that the States met or exceeded the performance measures established under subsection (b);

`(B) of exemplary performance of the States in serving special participant populations defined in section 134(d)(4)(G)(iv) (including performance relating to the levels of service provided and the performance outcomes on such performance measures with respect to the populations); and

`(C) of such other factors relating to the performance of the States under this title as the Secretary determines are appropriate.

`(3) USE OF FUNDS- The funds awarded to a State under this subsection may be used to carry out any activities authorized under chapters 4 and 5, including demonstration projects and innovative programs for the special participant populations.'.

(2) AUTHORIZATION OF APPROPRIATIONS- Section 174(b) of the Workforce Investment Act of 1998 (29 U.S.C. 2919(b)) is amended--

(A) in paragraph (1), by inserting `, section 136(j),' after `172'; and

(B) in paragraph (2)(D)(iii), by striking `section 503' and inserting `sections 136(j) and 503'.

SEC. 104. STATE DISCRETIONARY FUNDING.

Section 134(a)(3)(A)(vi) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(a)(3)(A)(vi)) is amended--

(1) in subclause (I), by striking `and' at the end; and

(2) by adding at the end the following:

`(III) implementation of innovative programs for special participant populations defined in section 134(d)(4)(G)(iv) to increase the number of individuals offered occupational training in growth industries; and'.

SEC. 105. INTENSIVE AND TRAINING SERVICES.

(a) IN GENERAL- Section 134(d) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(d)) is amended--

(1) in paragraph (3)--

(A) by amending subparagraph (A)(i) to read as follows:

`(i) who have been determined by a one-stop operator to be in need of intensive services in order to meet the individual's employment goal; or'; and

(B) by amending subparagraph (C)(vi) to read as follows:

`(vi) Short-term prevocational services, including development of learning skills, communication skills, English literacy skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct, to prepare individuals for unsubsidized employment or training.'; and

(2) in paragraph (4)--

(A) in subparagraph (A)--

(i) by striking clause (i); and

(ii) by redesignating clauses (ii) through (v) as clauses (i) through (iv), respectively; and

(B) in subparagraph (D)--

(i) by amending clause (i) to read as follows:

`(i) occupational skills training, including training for nontraditional employment and training designed for individuals with Limited English Proficiency;'; and

(ii) by amending clause (viii) to read as follows:

`(viii) activities that are--

`(I) adult education and literacy activities, or English as a Second Language activities; and

`(II) provided in combination with services described in any of clauses (i) through (vii); and'.

(b) SPECIALIZED ASSESSMENTS- Section 134(d)(3)(C)(i) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(d)(3)(C)(i)) is amended in the matter preceding subclause (I) to read as follows:

`(i) Comprehensive and specialized assessments of the skill levels, English proficiency, and service needs of adults and dislocated workers, which may include--'.

SEC. 106. DEMONSTRATION, PILOT, MULTISERVICE, RESEARCH, AND MULTISTATE PROJECTS.

(a) DEMONSTRATION AND PILOT PROJECTS- Section 171(b)(1) of the Workforce Investment Act of 1998 (29 U.S.C. 2916(b)(1)) is amended--

(1) in subparagraph (G), by striking `and' at the end;

(2) in subparagraph (H), by striking the period and inserting `; and'; and

(3) by adding at the end the following:

`(I) projects that provide training to establish or upgrade the job and related skills of special participant populations defined in section 134(d)(4)(G)(iv).'.

(b) MULTISERVICE PROJECTS- Section 171(c)(1) of the Workforce Investment Act of 1998 (29 U.S.C. 2916(c)(1)) is amended--

(1) in subparagraph (A), by inserting `and special participant populations defined in section 134(d)(4)(G)(iv)' after `targeted populations';

(2) in subparagraph (B), by inserting `and special participant populations defined in section 134(d)(4)(G)(iv)' after `disability community'; and

(3) in subparagraph (C), by inserting `and special participant populations defined in section 134(d)(4)(G)(iv)' after `targeted populations'.

(c) STUDY AND REPORT- Section 171(c)(2)(B) of the Workforce Investment Act of 1998 (29 U.S.C. 2916(c)(2)(B)) is amended to read as follows:

`(B) STUDY AND REPORT ON INTEGRATED TRAINING PROGRAMS- The Secretary shall conduct a 2-year study on best practices for programs that integrate English language acquisition with job training programs. The Secretary shall prepare and submit to Congress a report containing the results of the study, including policy recommendations.'.

(d) MULTISTATE PROJECTS- Section 171(c)(3)(A) of the Workforce Investment Act of 1998 (29 U.S.C. 2916(c)(3)(A)) is amended--

(1) in clause (i), by inserting `and special participant populations defined in section 134(d)(4)(G)(iv)' after `particular service populations'; and

(2) in clause (ii), by inserting `and special participant populations defined in section 134(d)(4)(G)(iv)' after `demographic groups'.

SEC. 107. ASSESSMENTS.

(a) PARTNERSHIPS- Section 171(b)(1) of the Workforce Investment Act of 1998 (29 U.S.C. 2916(b)(1)), as amended by section 106(a), is further amended--

(1) in subparagraph (H), by striking `and' at the end;

(2) in subparagraph (I), by striking the period and inserting `; and'; and

(3) by adding at the end the following:

`(J) the establishment of partnerships between States and national organizations with special expertise, to assist the States to develop and implement accurate assessment mechanisms to evaluate the skill levels of special participant populations defined in section 134(d)(4)(G)(iv).'.

(b) CONSIDERATIONS- Section 172(a)(6) of the Workforce Investment Act of 1998 (29 U.S.C. 2917(a)(6)) is amended to read as follows:

`(6) the extent to which such programs and activities meet the needs of various demographic groups, including special participant populations defined in section 134(d)(4)(G)(iv); and'.

TITLE II--AMENDMENTS TO ADULT EDUCATION AND LITERACY

SEC. 201. PURPOSE.

Section 202 of the Adult Education and Family Literacy Act (20 U.S.C. 9201) is amended--

(1) in paragraph (2), by striking `and' after the semicolon;

(2) in paragraph (3), by striking the period at the end and inserting `; and'; and

(3) by adding at the end the following:

`(4) assist immigrants who are not proficient in English in improving such immigrants' reading, writing, speaking, and mathematics skills and acquiring an understanding of the American free enterprise system, individual freedom, and the responsibilities of citizenship.'.

SEC. 202. ADULT BASIC EDUCATION FUNDING FORMULA.

Section 211 of the Adult Education and Family Literacy Act (20 U.S.C. 9211) is amended--

(1) in subsection (d)(3), by inserting `or is of limited English proficiency' after `its recognized equivalent'; and

(2) in subsection (f)(1)--

(A) in subparagraph (A), by striking `fiscal year 1999' and inserting `fiscal year 2004'; and

(B) in subparagraph (B), by striking `fiscal year 2000' and inserting `fiscal year 2005'.

SEC. 203. STATE LEADERSHIP ACTIVITIES.

Section 223(a) of the Adult Education and Family Literacy Act (20 U.S.C. 9223(a)) is amended by adding at the end the following:

`(12) The provision of technical assistance to eligible providers of adult basic skills and family literacy education programs for the development and dissemination of scientific research-based instructional practices drawn from research on adults in reading, writing, speaking, mathematics,

and English language acquisition programs.'.

SEC. 204. STATE PLAN CONTENTS.

Section 224(b) of the Adult Education and Family Literacy Act (20 U.S.C. 9224(b)) is amended--

(1) in paragraph (1), by striking `including individuals most in need or hardest to serve;' and inserting `including--

`(A) individuals most in need or hardest to serve; and

`(B) individuals with limited English proficiency;';

(2) in paragraph (11), by striking `and' after the semicolon;

(3) in paragraph (12), by striking the period at the end and inserting `; and'; and

(4) by adding at the end the following:

`(13) a description of the steps the eligible agency will take to ensure that all eligible providers have direct and equitable access to apply for grants or contracts under section 231, as required under section 231(c)(1), including how the State will build the capacity of community-based and faith-based organizations to provide adult basic skills and family literacy education programs and English language acquisition.'.

SEC. 205. DIRECT AND EQUITABLE ACCESS IN GRANTS AND CONTRACTS.

Section 231(e) of the Adult Education and Family Literacy Act (20 U.S.C. 9241(e)) is amended--

(1) in paragraph (9), by inserting `community-based organizations,' after `job training programs,';

(2) in paragraph (11), by striking `and' after the semicolon;

(3) in paragraph (12)--

(A) by inserting `and civics education' after `additional English literacy'; and

(B) by striking the period at the end and inserting `; and'; and

(4) by adding at the end the following:

`(13) whether the activities are located in communities with high populations of individuals with limited English proficiency.'.

SEC. 206. REPORTS ON INDIVIDUALS 16 TO 18 YEARS OF AGE.

Section 241 of the Adult Education and Family Literacy Act (20 U.S.C. 9251) is amended by adding at the end the following:

`(c) REPORTS-

`(1) REPORTS TO SECRETARY- An eligible agency receiving funds under this title shall annually provide the Secretary with a report on the number of participants in the programs and services provided under section 231 who are 16, 17, or 18 years of age, disaggregated by race, ethnicity, gender, limited English proficiency status, disability, and socio-economic status.

`(2) REPORTS TO CONGRESS- Not later than June 30, 2005, and not later than June 30 annually thereafter, the Secretary shall submit a report to Congress containing the results of the eligible agency reports required under paragraph (1).'.

SEC. 207. NATIONAL INSTITUTE FOR LITERACY.

Section 242(c)(1)(C) of the Adult Education and Family Literacy Act (20 U.S.C. 9252(c)(1)(C)) is amended--

(1) by striking `the Office of Educational Research and Improvement' and inserting `the Institute of Education Sciences';

(2) by inserting `and the Office of Employment and Training in the Department of Labor' after `the Department of Education'; and

(3) by inserting `and the effectiveness of programs that integrate occupational skills training and language acquisition' after `with learning disabilities'.

SEC. 208. NATIONAL LEADERSHIP ACTIVITIES.

Section 243(2) of the Adult Education and Family Literacy Act (20 U.S.C. 9253(2)) is amended--

(1) in subparagraph (G), by striking `and' after the semicolon;

(2) by redesignating subparagraph (H) as subparagraph (I); and

(3) by inserting after subparagraph (G) the following:

`(H) awarding grants to communities experiencing large increases of individuals with limited English proficiency who were not accounted for in making State allocations under section 211(c)(2), for the purpose of providing English language and civics education programs; and'.

END