[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1543 Introduced in Senate (IS)]

  1st Session
                                S. 1543

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                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

_______________________________________________________________________

                                 A BILL


 
 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''.
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