[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 834 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 834

To amend the Workforce Investment Act of 1998 to provide for integrated 
      workforce training programs for adults with limited English 
                  proficiency, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 18, 2005

 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 the Workforce Investment Act of 1998 to provide for integrated 
      workforce training programs for adults with limited English 
                  proficiency, and for other purposes.

    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 ``Limited English Proficiency and 
Integrated Workforce Training Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Workforce Investment Act of 1998 system is 
        designed--
                    (A) to ensure universal access for individuals in 
                need of employment and training systems; and
                    (B) to equip workers with those skills that 
                contribute to lifelong education.
            (2) The Workforce Investment Act of 1998 system is designed 
        to recognize and reinforce the link between economic 
        development and workforce development to meet the joint demands 
        of employers and workers.
            (3) The Workforce Investment Act of 1998 system should 
        address the ongoing shortage of essential skills in the United 
        States workforce in sectors with economic growth to ensure the 
        United States remains competitive in the global economy.
            (4) Immigrants accounted for over 50 percent of the growth 
        in the civilian workforce between 1990 and 2001, and assuming 
        today's levels of immigration remain constant, immigrants will 
        account for half of the growth in the working age population 
        between 2006 and 2015.
            (5) The growth of the United States workforce and the 
        competitiveness of the United States economy is directly linked 
        to immigrants, some of whom are limited English proficient.
            (6) The Workforce Investment Act of 1998 system may be 
        significantly strengthened by funding the development of an 
        employer centered integrated workforce training program for 
        adults with limited English proficiency, taking into account 
        the needs of the local and regional economy and the linguistic, 
        social, and cultural characteristics of the individual.

SEC. 3. INTEGRATED WORKFORCE TRAINING PROGRAMS FOR ADULTS WITH LIMITED 
              ENGLISH PROFICIENCY.

    Section 171 of the Workforce Investment Act of 1998 (29 U.S.C. 
2916) is amended by adding at the end the following:
    ``(e) Integrated Workforce Training Programs for Adults With 
Limited English Proficiency.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Integrated workforce training.--The term 
                `integrated workforce training' means training that 
                integrates occupational skills training with language 
                acquisition.
                    ``(B) Secretary.--The term `Secretary' means the 
                Secretary of Labor in consultation with the Secretary 
                of Education.
            ``(2) Demonstration project.--In accordance with subsection 
        (b), the Secretary shall establish and implement a national 
        demonstration project designed to both analyze and provide data 
        on workforce training programs that integrate English language 
        acquisition and occupational training.
            ``(3) Grants.--
                    ``(A) In general.--In carrying out the 
                demonstration project, the Secretary shall make not 
                less than 10 grants, on a competitive basis, to 
                eligible entities to provide the integrated workforce 
                training programs. In awarding grants under this 
                subsection the Secretary shall take into consideration 
                awarding grants to eligible entities from diverse 
                geographic areas, including rural areas.
                    ``(B) Periods.--The Secretary shall make the grants 
                for periods of not less than 24 months and not more 
                than 48 months.
            ``(4) Eligible entities.--
                    ``(A) In general.--To be eligible to receive a 
                grant under this subsection, an eligible entity shall 
                work in conjunction with a local board and shall 
                include as a principal participant one or more of the 
                following:
                            ``(i) An employer or employer association.
                            ``(ii) A nonprofit provider of English 
                        language instruction.
                            ``(iii) A provider of occupational or 
                        skills training.
                            ``(iv) A community-based organization.
                            ``(v) An educational institution, including 
                        a 2- or 4-year college, or a technical or 
                        vocational school.
                            ``(vi) A labor organization.
                            ``(vii) A local board.
                    ``(B) Expertise.--To be eligible to receive a grant 
                under this subsection, an eligible entity shall have 
                proven expertise in--
                            ``(i) serving individuals with limited 
                        English proficiency, including individuals with 
                        lower levels of oral and written English; and
                            ``(ii) providing workforce programs with 
                        training and English language instruction.
            ``(5) Applications.--
                    ``(A) In general.--To be eligible to receive a 
                grant under this subsection, 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.
                    ``(B) Contents.--Each application submitted under 
                subparagraph (A) shall--
                            ``(i) contain information, including 
                        capability statements, that demonstrates that 
                        the eligible entity has the expertise described 
                        in paragraph (4)(B); and
                            ``(ii) include an assurance that the 
                        program to be assisted shall--
                                    ``(I) establish a generalized adult 
                                bilingual workforce training and 
                                education model that integrates English 
                                language acquisition and occupational 
                                training, and incorporates the unique 
                                linguistic and cultural factors of the 
                                participants;
                                    ``(II) establish a framework by 
                                which the employer, employee, and other 
                                relevant members of the eligible entity 
                                can create a career development and 
                                training plan that assists both the 
                                employer and the employee to meet their 
                                long-term needs;
                                    ``(III) ensure that the framework 
                                established under subclause (II) takes 
                                into consideration the knowledge, 
                                skills, and abilities of the employee 
                                with respect to both the current and 
                                economic conditions of the employer and 
                                future labor market conditions relevant 
                                to the local area; and
                                    ``(IV) establish identifiable 
                                measures so that the progress of the 
                                employee and employer and the relative 
                                efficacy of the program can be 
                                evaluated and best practices 
                                identified.
            ``(6) -Criteria.--The Secretary shall establish criteria 
        for awarding grants under this subsection.
            ``(7) Integrated workforce training programs.--
                    ``(A) Program components.--
                            ``(i) Required components.--Each program 
                        that receives funding under this subsection 
                        shall--
                                    ``(I) test an individual's English 
                                language proficiency levels to assess 
                                oral and literacy gains from the 
                                beginning and throughout program 
                                enrollment;
                                    ``(II) combine training specific to 
                                a particular occupation or occupational 
                                cluster, with--
                                            ``(aa) English language 
                                        instruction, such as 
                                        instruction through an English 
                                        as a Second Language program, 
                                        or an English for Speakers of 
                                        Other Languages program;
                                            ``(bb) basic skills 
                                        instruction; and
                                            ``(cc) supportive services;
                                    ``(III) effectively integrate 
                                public and private sector entities, 
                                including the local workforce 
                                investment system and its functions, to 
                                achieve the goals of the program; and
                                    ``(IV) require matching or in-kind 
                                resources from private and nonprofit 
                                entities.
                            ``(ii) Permissible components.--The program 
                        may offer other services, as necessary to 
                        promote successful participation and 
                        completion, including work-based learning, 
                        substance abuse treatment, and mental health 
                        services.
                    ``(B) Goal.--Each program that receives funding 
                under this subsection shall be designed to prepare 
                limited English proficient adults for, and place such 
                adults in, employment in growing industries with 
                identifiable career ladder paths.
                    ``(C) Program types.--In selecting programs to 
                receive funding under this subsection, the Secretary 
                shall select programs that meet 1 or more of the 
                following criteria:
                            ``(i) A program that--
                                    ``(I) serves unemployed, limited 
                                English proficient individuals with 
                                significant work experience or 
                                substantial education but persistently 
                                low wages; and
                                    ``(II) aims to prepare such 
                                individuals for, and place such 
                                individuals in, higher paying 
                                employment, defined for purposes of 
                                this subparagraph as employment that 
                                provides at least 75 percent of the 
                                median wage in the local area.
                            ``(ii) A program that--
                                    ``(I) serves limited English 
                                proficient individuals with lower 
                                levels of oral and written fluency, who 
                                are working but at persistently low 
                                wages; and
                                    ``(II) aims to prepare such 
                                individuals for, and place such 
                                individuals in, higher paying 
                                employment, through services provided 
                                at the work site, or at a location 
                                central to several work sites, during 
                                work hours.
                            ``(iii) A program that--
                                    ``(I) serves unemployed, limited 
                                English proficient individuals with 
                                lower levels of oral and written 
                                fluency, who have little or no work 
                                experience; and
                                    ``(II) aims to prepare such 
                                individuals for, and place such 
                                individuals in, employment through 
                                services that include subsidized 
                                employment, in addition to the 
                                components required in subparagraph 
                                (A)(i).
                            ``(iv) A program that includes funds from 
                        private and nonprofit entities.
                    ``(D) Program approaches.--In selecting programs to 
                receive funding under this subsection, the Secretary 
                shall select programs with different approaches to 
                integrated workforce training, in different contexts, 
                in order to obtain comparative data on multiple 
                approaches to integrated workforce training and English 
                language instruction, to ensure programs are tailored 
                to characteristics of individuals with varying skill 
                levels and to assess how different curricula work for 
                limited English proficient populations. Such approaches 
                may include--
                            ``(i) bilingual programs in which the 
                        workplace language component and the training 
                        are conducted in a combination of an 
                        individual's native language and English;
                            ``(ii) integrated workforce training 
                        programs that combine basic skills, language 
                        instruction, and job specific skills training; 
                        or
                            ``(iii) sequential programs that provide a 
                        progression of skills, language, and training 
                        to ensure success upon an individual's 
                        completion of the program.
            ``(8) Evaluation by eligible entity.--Each eligible entity 
        that receives a grant under this subsection for a program shall 
        carry out a continuous program evaluation and an evaluation 
        specific to the last phase of the program operations.
            ``(9) Evaluation by secretary.--
                    ``(A) In general.--The Secretary shall conduct an 
                evaluation of program impacts of the programs funded 
                under the demonstration project, with a random 
                assignment, experimental design impact study done at 
                each worksite at which such a program is carried out.
                    ``(B) Data collection and analysis.--The Secretary 
                shall collect and analyze the data from the 
                demonstration project to determine program 
                effectiveness, including gains in language proficiency, 
                acquisition of skills, and job advancement for program 
                participants.
                    ``(C) Report.--The Secretary shall prepare and 
                submit to the Committee on Health, Education, Labor, 
                and Pensions of the Senate and the Committee on 
                Education and the Workforce of the House of 
                Representatives, and make available to the public, a 
                report on the demonstration project, including the 
                results of the evaluation.
            ``(10) Technical assistance.--The Secretary shall provide 
        technical assistance to recipients of grants under this 
        subsection throughout the grant periods.
            ``(11) Authorization of appropriations.--In addition to 
        amounts authorized to be appropriated under section 174(b), 
        there are authorized to be appropriated for fiscal year 2006--
                    ``(A) $10,000,000 to make grants under paragraph 
                (3); and
                    ``(B) $1,000,000 to carry out paragraph (9).''.
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