[Congressional Record (Bound Edition), Volume 155 (2009), Part 13]
[Senate]
[Pages 18014-18023]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Ms. LANDRIEU (for herself and Mr. Inhofe):
  S. 1458. A bill to encourage the development and implementation of a 
comprehensive, global strategy for the preservation and reunification 
of families and the provision of permanent parental care for orphans; 
to the Committee on Foreign Relations.
  Ms. LANDRIEU. Mr. President, I rise to introduce a bill called the 
Families for Orphans Act that Senator Inhofe and I are sponsoring.
  We are very fortunate, indeed, to have a Secretary of State who is 
quite knowledgeable about this subject. The office we seek to create 
would be housed within the Department of State under the watchful eye 
of Secretary Hillary Clinton, who did so much work on this subject when 
she was a Member of the Senate and even prior to her service in the 
Senate as First Lady of

[[Page 18015]]

both Arkansas and the United States. So I am particularly happy we 
would be recommending what is, I think, a very appropriate 
establishment of an office within the Office of the Secretary of State.
  This bill has been discussed for several years here. We have had 
several opportunities for debate on the floor. But a great coalition 
has come together, representing advocates for orphans around the world, 
to come together in a unified way to make a strong argument that this 
kind of office should indeed be established. There are some very 
compelling reasons why this should be.
  First of all, right now in our system, there is no coordination in 
the Office of the Secretary of State or in the Department of State for 
policies related to orphans. This is an alarming situation because the 
number of orphans is growing exponentially in the world due to an 
increase in conflicts in many parts of the world; severe droughts and 
natural disasters that are causing families to be separated, children 
from adults; and the AIDS epidemic. Some people have referred to it as 
a factory that produces orphans. And you can understand the nature of 
that disease.
  So the actions we take relative to trying to get a more coordinated 
policy are very important, and that is what this bill seeks to do.
  It is, I think, understood among all Members of this body--I do not 
even hear one dissenting voice--that the most appropriate place for 
children to grow up is in a family.
  We think there are over 130 million orphans in the world who have 
been deprived for whatever reason--death or war or famine or disease--
of their right to belong to a family. It is our obligation as the 
leaders of the world to try to find the best possible substitute family 
for these children.
  Children don't do a very good job of raising themselves. That is a 
virtual impossibility. Our efforts, unfortunately, dealing with 
children have been focused on their survival, on just getting medical 
care and health care and food and nutrition. I don't think we are doing 
enough as a government to focus on reuniting children with whatever 
extended family might be possible for them to be raised by, and then 
looking out somewhere beyond the extended family opportunity to 
domestic families who would take in that child and their siblings. We 
most certainly have not made the kind of effort I think is appropriate 
and is a ready source of loving arms in families in terms of the 
international community that would like to step up and adopt many 
children who are unable to find families in their own countries. That 
is basically what this office would do.
  It would coordinate efforts by the aid and development community 
that, as I said, are currently focused on nutrition, housing, 
education, and medical care, and would refocus efforts on that, plus 
reunification of families and then adoption opportunities.
  First, as I said, the U.S. programs are disconnected. Secondly, the 
United States, right now, in our opinion, does not engage in enough 
proactive diplomacy on this issue. Third, the United States should be 
able to advise and support other countries in the development of their 
own child welfare systems. We know we have made so many mistakes in the 
United States. We hate to see countries making similar mistakes. Some 
of those mistakes would be terminating parental rights, not being 
aggressive enough in seeking placement within extended families, 
separating siblings in placement, and then, the worst of all--if those 
things aren't bad enough--the worst of all, leaving children who have 
had their parental rights terminated basically stuck in limbo for 10 or 
12 or 14, and in some extreme cases, 18 years in foster care where they 
never have a permanent parent or a permanent family to call their own.
  I would remind my colleagues, because I continue to remind myself, 
that a child is never too old to need a parent. We all think of 
adoption as adopting infants or toddlers or school-aged children, but I 
would suggest to this body and to those listening that you are never 
too old to need a father or a mother. At the age of 54, I continue to 
talk to my parents regularly. They continue to give me advice and 
counsel. I have been blessed to have grandparents well into my adult 
life. The thought of a child growing up at any age--18, 20, 5, 12--
without any permanent attachment to a family is tragic. The fact is 
there are methods and resources we can bring to bear to change that 
outcome for the millions of orphans who are in the world in our own 
country and around the world. That is what this office does.
  The primary functions will be to act as a primary adviser to the 
Secretary of State and to the President to provide diplomatic 
representation, to develop an evidence-based, comprehensive global 
strategy, to support foreign governments through sound policy and 
technical assistance, to develop best practices with cultural 
sensitivity, and to support in-country family preservation, 
reunification, and permanency as primary solutions, using domestic 
adoption and international adoption as basically the last 
possibilities.
  One of the most important things in the bill is to conduct a census 
because we don't know how many orphans there are in the world and in 
what countries. Until we get a handle on the numbers, it is very hard 
to find appropriate solutions and to mobilize the world community to 
act.
  I contend there are millions and millions and millions of families 
who are able and willing and ready to take in orphans, to build their 
family through adoption, to add to the blessing of biological children, 
children who have come to their families through adoption. I have had 
personal experience myself with that issue. I am excited about the 
possibility of coordinating this effort and can think of no better 
person than Secretary Hillary Clinton to provide the leadership to 
establish this office as the Congress seeks to fund it and provide the 
resources to make it work.
  So that is a description of the Families for Orphans Act. It is a 
bipartisan bill. We are getting extremely exciting feedback from our 
colleagues in the House. Representative Diane Watson from California 
and Representative John Boozman from Arkansas have introduced an 
identical bill, so we are very encouraged by the work the House has 
done on this subject and look forward to a quick hearing and quick 
passage.
                                 ______
                                 
      By Mr. BURRIS:
  S. 1463. A bill to amend the Public Health Service Act to establish a 
National Organ and Tissue Registry Resource Center, to authorize grants 
for State organ and tissue donor registries, and for other purposes; to 
the Committee on Health, Education, Labor, and Pensions.
  Mr. BURRIS. Mr. President, today I rise to speak on the subject of 
organ donation. Every day in this country, 17 people die while waiting 
for a donated organ. Typically, people wait 3 to 5 years before an 
organ becomes available, and the organ waiting list grows at a rate 
five times faster than donations.
  What we need are improvements to the organ donor registry system, to 
increase efficiency and share best practices between states. The 
Everson Walls and Ron Springs Gift for Life Act of 2009 is named in 
honor of two close friends and former NFL teammates, one of whom may 
not be here today were it not for the incredible generosity of ``living 
organ donation.'' Ron's struggle with diabetes led to the failure of 
both kidneys. Everson's decision to give Ron one of his kidneys, led 
them both to create the Gift for Life Foundation. The group spreads 
awareness of organ donation issues, particularly among minority 
communities, who suffer disproportionately from the organ shortage.
  This act will establish a National Organ and Tissue Donor Registry 
Resource Center to provide technical assistance to state donor 
registries. The center will also serve as a State registry information 
clearinghouse for the evaluation and development of best practices for 
donor registries nationwide. Further, the act will codify minimum 
operating standards for donor registries, and establish a grant program 
to develop, expand, and evaluate

[[Page 18016]]

State donor registries. Finally, the act will create a study on the 
feasibility of establishing a living donor database in order to track 
the short and long-term health effects for such individuals.
  I urge the Senate to take action on this important issue. We must 
improve the functioning of our organ donation system. Thousands of 
lives hang in the balance.
                                 ______
                                 
      By Mr. ISAKSON. (for himself, Mr. Dodd, Mr. Chambliss, and Mr. 
        Burris):
  S. 1465. A bill to amend the Child Care land Development Block Grant 
Act of 1990 to require child care providers to provide to parents 
information regarding whether such providers carry liability insurance; 
to the Committee on Health, Education, Labor, and Pensions.
  Mr. ISAKSON. Mr. President, it was September 9, 2001, in Augusta, GA, 
when Jackie Boatwright, on her way home from church, got a horrific 
call on her cell phone. The little boy, Anthony DeJuan Boatwright, then 
14 months of age that she had dropped off at day care in the morning 
had been rushed to the hospital.
  Upon her arrival at the hospital, a doctor gave her the grim news. He 
said, ``It appears your son has suffered a near drowning accident from 
falling into a bucket of mop water containing bleach. He has been 
without a pulse for more than an hour but we have managed to get a 
heartbeat. It is not a strong one right now but we have one.''
  Today, nearly 8 years later, Juan now resides with his wonderful 
mother Jackie. He is semi-comatose and dependent on a ventilator.
  The child care center where Juan was injured was licensed, but not 
insured. At the time, there was no way for Jackie or other parents to 
know the insurance status of child care providers.
  Today, Senators Dodd, Chambliss, Burris and I introduce straight-
forward, bipartisan legislation that will require day care centers to 
disclose whether or not they carry appropriate insurance for the 
facility.
  The House of Representatives has passed this legislation multiple 
times, but now we in this body take our turn to simultaneously both 
honor young Juan and provide parents with much-needed information about 
child care facilities.
  It is time this body passed this legislation and sent it on to 
President Obama for his signature.
  I urge my colleagues to support this legislation.
                                 ______
                                 
      By Mr. WEBB (for himself and Mr. Brown):
  S. 1468. A bill to increase access to adult education to provide for 
economic growth; to the Committee on Finance.
  Mr. WEBB. Mr. President, today I am introducing, with great pride, 
the Adult Education and Economic Growth Act of 2009. I wish to point 
out that I and my staff have been working on this legislation for more 
than a year. It is designed to address a problem that we quite frankly 
do not spend enough attention on, I think, as we discuss the challenges 
of education in America. This is not the problem that is often 
discussed with respect to technical degrees or how we can compete with 
foreign countries in the number of engineers we are putting out, with 
those sorts of issues. It is the question of how we can assure basic 
competencies at the working level of a lot of American companies. I 
have started calling this the Second Chance Act for Education. There 
are a lot of people in this country who, for a variety of reasons, when 
they are in their teens or their late teens, cease their educational 
pursuits even before they finish high school. Perhaps someone might 
have a child, or get in trouble with the law, or get an independent 
streak and decide to leave school. Then when you get to the age of say 
30 or beyond, you realize the disadvantage you have in attempting to 
compete in the marketplace.
  There are very few provisions in our law and in our policies that 
address this situation. This bill is designed to address it. We seek to 
reform and increase investment in what we call adult education, which 
is that span of education that will bring people beyond a high school 
degree and hopefully into postsecondary education. We are looking at 
job training and other workforce programs that we need as a country to 
build a 21st century workforce. I am pleased to be joined in this 
initiative as a principal cosponsor with Senator Sherrod Brown. By 
almost any measure, our Nation faces a critical need to strengthen 
existing programs of adult education. Our current adult education 
system falls far short in preparing our people to compete in the global 
marketplace. In fact, it is estimated that only 2\1/2\ million of the 
93 million people who could benefit from these types of services are 
actually receiving them today.
  The American labor market has changed dramatically with the advent of 
new technology and with the loss of jobs in our manufacturing sector. 
The need for well-trained and highly skilled workers is obvious. It has 
increased. At the same time our adult education system, which should be 
effectively preparing low-skilled workers to meet the demands in this 
shifting economy, has not kept pace.
  Since 2002, the Federal Government has consistently decreased 
spending on adult education. In addition, the Nation's primary Federal 
resource for adult education, job training and employment services, the 
Workforce Investment Act, has not been reauthorized for more than 10 
years. One can imagine how the American economy and the American 
workforce has changed over the last 10 years.
  There are other signs pointing to the need for a better approach to 
adult education. If we look at adult education enrollment rates, in 
1998, there were more than 4 million individuals enrolled in these 
types of programs. By 2007, that number had dropped to only 2 million, 
basically a 40-percent drop from when the Workforce Investment Act was 
originally enacted.
  One of the largest barriers to economic growth in many communities is 
the lack of a skilled workforce, particularly those with entry-level 
skills. It is critical that we increase the number of individuals who 
obtain a high school diploma and encourage them to go forward into 
postsecondary education. I am sure we can all agree that the best 
economic tool for any community is a well-educated, skilled workforce. 
A growing number of American skilled workers right now are facing 
retirement age, and the growth in skilled labor has actually stagnated. 
If we continue along the current path, we will see only a 19-percent 
increase in the number of postsecondary education equipped native-born 
workers, which is about one-seventh the rate of growth during the past 
two decades. By comparison, countries such as China and India are 
doubling and tripling the number of college graduates in their 
countries.
  According to the Workforce Alliance, 80 percent of the jobs in 
today's economy require some sort of education past a high school 
degree, yet there are 8 million adults in the workforce today who have 
low literacy, limited English proficiency, or lack educational 
credentials beyond high school. With so many workers who are unemployed 
or underemployed, it is clear that we should be investing in the 
training or retraining of American workers to fill this growing gap. 
Our legislation begins that vital task by addressing these problems.
  Today we are proposing a two-pronged approach to strengthen the 
Nation's workforce. First, we want to build on ramps for American 
workers who got off track, perhaps, in their teens and need new skills 
and a better education in order to improve their lives. Just as 
importantly, we want to encourage employers to help them by offering 
tax credits to businesses that invest in these employees. Our 
government has long provided employers with limited tax credits when 
they help their employees go to college or to graduate school. It is 
basic logic, and I believe to the national good, that we should provide 
similar incentives for this type of adult education.
  This bill authorizes a rather modest $500 million increase in funding 
to invigorate State and local adult education programs nationwide in 
order to increase the number of adults with a

[[Page 18017]]

high school diploma. As a result, the bill will inevitably increase the 
number of high school graduates who go on to college and update and 
expand the job skills of the American workforce writ large. All of this 
is relevant to my longstanding personal goal of promoting basic 
economic fairness in our society.
  Other provisions in the bill will improve workers' readiness to meet 
the demands of a global workforce by providing pathways to obtain basic 
skills, job training, and adult education. It will provide workers with 
greater access to on-the-job training in adult education by encouraging 
public-private partnerships between government, business, and labor. It 
will increase the use of technology in workforce skills training. It 
will improve access to correctional educational programs to channel 
former offenders into productive endeavors and to reduce recidivism. It 
will encourage investment in lower-skilled workers by providing 
employers with a tax credit if they invest in their employees' 
education. This tax credit is aimed at encouraging general and 
transferable skills development that may be in the long-term interest 
of most of its employers but are not always so clearly rewarded by the 
marketplace.
  This act focuses on addressing the unique needs of adults with 
limited basic skills, with no high school diploma, or with limited 
English proficiency. Those individuals who may have taken a different 
path early in their lives and who now find themselves eager to go back 
to school and receive additional job training and skills should be 
provided opportunities to get back on track.
  My legislation also would bolster the President's just announced goal 
of ensuring that 5 million more Americans graduate from communities 
college by 2020 and updating curriculum to keep up with the skills 
needed in today's workforce.
  I encourage my colleagues to support this important endeavor. I am 
very proud of the work my staff has done on this for more than a year. 
Our Nation's workforce and local communities will be stronger for it. 
It is my hope that this legislation could be passed in a timely manner.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1468

       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 ``Adult Education and Economic 
     Growth Act of 2009''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) In order to remain competitive in today's global 
     economy, the United States must reverse the trend of 
     underinvestment in adult education and workforce development 
     and empower its workforce through adequate resources and 
     effective and innovative educational and workforce programs. 
     Since 1979, investments in adult education and workforce 
     development programs have declined in real terms by more than 
     70 percent.
       (2) Current Federal adult basic education programs serve 
     less than 3,000,000 individuals a year. Some States have 
     experienced difficulties integrating adult education public 
     job training and career and technical education programs that 
     could help these individuals meet specific industry demand 
     while advancing along a career path.
       (3) In 2007, more than 25,000,000 adults ages 18 through 64 
     had no high school credential. Every year, 1 in 3 young 
     adults--more than 1,200,000 people--drop out of high school.
       (4) Employers need highly-skilled workers to be able to 
     compete globally. Between 2004 and 2014, 24 of the 30 
     fastest-growing occupations are projected to demand workers 
     with some form of postsecondary education or training. Yet 
     nearly half of the United States workforce has a high school 
     diploma or less.
       (5) Technology and globalization, coupled with the 
     unfolding economic recession, are rendering low-wage and low-
     skill workers particularly vulnerable. Unemployment is 
     highest among those without a college degree and has grown at 
     a faster rate among this group since the start of the 
     economic recession in December 2007.
       (6) According to the Bureau of Labor Statistics, the 
     unemployment rate for individuals age 25 and older who have 
     less than a high school diploma has risen from 7.5 percent in 
     December 2007 to 14.8 percent in April 2009. The unemployment 
     rate for high school graduates with no college degree has 
     increased from 4.6 percent to 9.3 percent. The unemployment 
     rate for high school graduates with some college experience 
     or an associate degree has risen from 3.7 percent to 7.4 
     percent.
       (7) The United States ranks 11th among OECD countries in 
     percent of young adults with a high school diploma- the only 
     country in which younger adults are less educated than the 
     previous generation.
       (8) In 2006, 18,400,000 adults spoke English ``less than 
     very well'', according to the United States Census Bureau 
     (2006 American Community Survey). Of these adults, 8,200,000 
     held no high school credential and 5,000,000 had completed 
     high school but were not college or job ready.
       (9) Although 88,000,000 adults ages 18 to 64 have a high 
     school diploma or less, or limited English proficiency, 
     funding for programs authorized under the Workforce 
     Investment Act of 1998 for adults, dislocated workers, and 
     youth declined by about 12 percent between 2000 and 2007.
       (10) According to the National Commission on Adult 
     Literacy, 1 in every 100 adults in the United States 16 and 
     older is in prison or jail in the United States. About 43 
     percent do not have a high school diploma or its equivalent, 
     and 56 percent have very low literacy skills. Ninety-five 
     percent of incarcerated individuals return to our 
     communities.
       (11) In order to meet the needs of the workforce, there 
     must be a strong connection between the adult education and 
     workforce development system, in order to better meet the 
     needs of limited English proficient job seekers and those 
     with basic skills deficiencies. For example, in program year 
     2006, less than 1 percent of individuals who exited the title 
     I adult program under the Workforce Investment Act of 1998 
     were co-enrolled in adult education.
       (12) Workforce development programs, including adult 
     education, throughout the Federal Government and the States 
     are not aligned well, limiting their capacity to leverage 
     resources, to provide full and appropriate access to 
     services, and to provide reliable and comparable data related 
     to activities and outcomes across the programs.
       (13) In the current economic climate, it is imperative that 
     the United States invest in the education, training, and 
     development of all workers in the United States who are 
     unemployed or underemployed, to help fill the labor demands 
     of the United States so that they do not look elsewhere to 
     find skilled workers.

     SEC. 3. PURPOSES.

       The purposes of this Act are the following:
       (1) To increase access substantially to adult education, 
     literacy, and workplace skills services for adults who have 
     limited basic skills, lack a high school diploma or its 
     equivalent, or are limited English proficient.
       (2) To create seamless pathways from adult education and 
     occupational skills development to postsecondary education or 
     training and workforce development programs and services that 
     help adult learners persist throughout the pipeline from the 
     lowest levels of basic literacy or English language 
     proficiency to the achievement of a level of proficiency that 
     will enable the adult learner to successfully transition to 
     family-sustaining jobs in careers with the promise of 
     advancement.
       (3) To develop an adult education, literacy, and work 
     skills system that coordinates and integrates adult 
     education, literacy, and workplace skills services with 
     workforce development and postsecondary education and 
     training opportunities across agencies and programs.
       (4) To greatly improve outcomes for adults receiving adult 
     education, literacy, and workplace skills services in terms 
     of learning gains, acquisition of basic workforce skills, 
     accelerated learning, acquisition of a high school diploma or 
     its equivalent, or successful transition to postsecondary 
     education or training or to family-sustaining jobs in the 
     workplace.

                 TITLE I--WORKFORCE INVESTMENT SYSTEMS

     SEC. 101. DEFINITIONS.

       Section 101 of the Workforce Investment Act of 1998 (29 
     U.S.C. 2801) is amended by adding at the end the following:
       ``(54) Integrated education and training.--The term 
     `integrated education and training' means training that 
     combines education or training for a specific occupation or 
     occupational cluster with English literacy instruction or 
     other adult education, literacy, and workplace skills 
     activities, including programs that provide for dual or 
     concurrent enrollment.
       ``(55) Career pathway.--The term `career pathway' means a 
     high quality, rigorous, engaging set of education, training, 
     and workplace experiences that--
       ``(A) align adult education, job training, postsecondary 
     education, or occupational training to create a pathway to 
     attaining a recognized postsecondary education credential 
     that will qualify an individual for career advancement in 
     projected employment opportunities identified in the State 
     plan under section 112;

[[Page 18018]]

       ``(B) include advising and counseling to support the 
     development of individual education and career plans; and
       ``(C) lead to a secondary school diploma or its recognized 
     equivalent (for individuals who have not completed secondary 
     school), a postsecondary degree, a registered apprenticeship 
     or another recognized occupational certification, a 
     certificate, or a license.
       ``(56) Workplace skills.--The term `workplace skills' means 
     the combination of basic skills, critical thinking skills, 
     and self management skills with competency in utilizing 
     resources, using information, working with others, 
     understanding systems, working with technology, and other 
     skills necessary for success in the workplace.
       ``(57) Registered apprenticeship program.--The term 
     `registered apprenticeship program' means an industry skills 
     training program at the postsecondary level that combines 
     technical and theoretical training through structured on-the-
     job learning with related instruction (in classrooms or 
     through distance learning) while an individual is employed, 
     working under the direction of qualified personnel or a 
     mentor, and earning incremental wage increases aligned to 
     enhanced job proficiency, resulting in the acquisition of a 
     nationally recognized and portable certificate, under a plan 
     approved by the Office of Apprenticeship or a State agency 
     recognized by the Department of Labor.''.

     SEC. 102. PURPOSE.

       Section 106 of the Workforce Investment Act of 1998 (29 
     U.S.C. 2811) is amended by inserting ``adult education and'' 
     before ``workforce investment systems''.

     SEC. 103. STATE WORKFORCE INVESTMENT BOARDS.

       Section 111 of the Workforce Investment Act of 1998 (29 
     U.S.C. 2821) is amended--
       (1) in subsection (b)(1)(C)--
       (A) in clause (vi)(II), by striking ``and'' after the 
     semicolon;
       (B) by redesignating clause (vii) as clause (viii); and
       (C) by inserting after clause (vi) the following:
       ``(vii) the lead State agency officials with 
     responsibilities for the programs and activities carried out 
     under title II; and''; and
       (2) in subsection (d)(2), by inserting ``adult education 
     and'' before ``workforce investment system''.

     SEC. 104. STATE PLAN.

       Section 112 of the Workforce Investment Act of 1998 (29 
     U.S.C. 2822) is amended--
       (1) in subsection (a), by inserting ``and aligns with the 
     State plan described in section 224'' before the period at 
     the end; and
       (2) in subsection (b)--
       (A) in paragraph (4)--
       (i) in subparagraph (B), by inserting ``academic levels 
     and'' before ``job skills'';
       (ii) in subparagraph (C), by striking ``and'' after the 
     semicolon;
       (iii) in subparagraph (D), by striking ``State;'' and 
     inserting ``State, including education, training, and 
     registered apprenticeship programs and their relationship to 
     such career opportunities and skills and economic development 
     needs; and''; and
       (iv) by adding at the end the following:
       ``(E) the integrated education and training activities that 
     will be integrated and aligned with workforce programs and 
     services under this title, and the State's efforts to 
     increase the number of participants concurrently enrolled in 
     adult education services under title II and training and 
     employment activities under this title;''.
       (B) in paragraph (8)--
       (i) in subparagraph (A)(x), by striking ``and'' after the 
     semicolon;
       (ii) in subparagraph (B), by striking the semicolon and 
     inserting ``, including performance on the core indicators 
     described in section 212; and''; and
       (iii) by adding at the end the following:
       ``(C) a description of any integrated data systems used to 
     track performance outcomes over time for the participants in 
     the programs and activities described in subparagraph (A);'';
       (C) in paragraph (9), by striking ``businesses and 
     representatives of labor organizations'' and inserting 
     ``businesses, representatives of labor organizations, and 
     representatives of education and training (including adult 
     education providers, postsecondary education providers, and 
     training providers)''; and
       (D) in paragraph (17)(A)(iv), by adding ``, including 
     individuals receiving services under title II'' after 
     ``disabilities)''.

     SEC. 105. LOCAL WORKFORCE INVESTMENT BOARDS.

       Section 117(h)(2)(A) of the Workforce Investment Act of 
     1998 (29 U.S.C. 2832(h)(2)(A)) is amended--
       (1) in clause (v), by striking ``and'' after the semicolon; 
     and
       (2) by inserting after clause (vi), the following:
       ``(vii) representatives of adult education; and''.

     SEC. 106. LOCAL PLAN.

       Section 118(b)(1) of the Workforce Investment Act of 1998 
     (29 U.S.C. 2833(b)(1)) is amended--
       (1) in subparagraph (B), by striking ``and'' after the 
     semicolon;
       (2) in subparagraph (C), by inserting ``academic levels 
     and'' before ``job skills''; and
       (3) by adding at the end the following:
       ``(D) the type and availability of workforce investment 
     activities in the local area, including education, training, 
     and registered apprenticeship programs and their relationship 
     to such business, job seeker, and worker needs, employment 
     opportunities, and economic development needs; and
       ``(E) the integrated education and training activities that 
     will be carried out under this title or title II and the 
     alignment of those activities.''.

     SEC. 107. USE OF FUNDS FOR YOUTH ACTIVITIES.

       Section 129 of the Workforce Investment Act of 1998 (29 
     U.S.C. 2854) is amended--
       (1) in subsection (a)--
       (A) in paragraph (5), by striking ``and'' after the 
     semicolon;
       (B) in paragraph (6), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following:
       ``(7) to provide opportunities for career pathways for 
     eligible youth.''; and
       (2) in subsection (c)--
       (A) in paragraph (1)(C)--
       (i) in clause (iii), by striking ``and'' after the 
     semicolon;
       (ii) in clause (iv)(II), by striking the period and 
     inserting a semicolon; and
       (iii) by adding at the end the following:
       ``(v) opportunities for career pathways; and
       ``(vi) for the completion of secondary school, in 
     appropriate cases.''; and
       (B) in paragraph (2)--
       (i) in subparagraph (I), by striking ``and'' after the 
     semicolon;
       (ii) in subparagraph (J), by striking the period and 
     inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(K) dual enrollment opportunities.''.

     SEC. 108. USE OF FUNDS FOR EMPLOYMENT AND TRAINING 
                   ACTIVITIES.

       Section 134(d) of the Workforce Investment Act of 1998 (29 
     U.S.C. 2864(d)) is amended--
       (1) in paragraph (3)(A)(i)(I), by striking ``and are unable 
     to obtain employment through core services provided under 
     paragraph (2)''; and
       (2) in paragraph (4)--
       (A) in subparagraph (A)(i), by striking ``and who are 
     unable to obtain or retain employment through such 
     services'';
       (B) in subparagraph (D)--
       (i) in clause (viii), by striking ``and'' after the 
     semicolon;
       (ii) in clause (ix), by striking the period and inserting 
     ``; and''; and
       (iii) by adding at the end the following:
       ``(x) integration of adult education and training.''; and
       (C) in subparagraph (G)(ii)--
       (i) in subclause (II), by striking ``or'' after the 
     semicolon;
       (ii) in subclause (III), by striking the period and 
     inserting ``; or''; and
       (iii) by adding at the end the following:

       ``(IV) the local board determines that it would facilitate 
     the training of multiple individuals in high-demand 
     occupations; or
       ``(V) the local board determines that it would facilitate 
     the provision of integrated education and training 
     programs.''.

     SEC. 109. PERFORMANCE ACCOUNTABILITY SYSTEM.

       Section 136(b)(2)(A) of the Workforce Investment Act of 
     1998 (29 U.S.C. 2871(b)(2)(A)) is amended--
       (1) in clause (i)--
       (A) in the matter preceding subclause (I), by striking 
     ``and (for participants who are eligible youth age 19 through 
     21) for youth activities authorized under section 129''; and
       (B) in subclause (IV)--
       (i) by inserting ``and performance on the core indicators 
     described in section 212, as appropriate'' after ``recognized 
     equivalent''; and
       (ii) by striking ``, or by participants who are eligible 
     youth age 19 through 21 who enter postsecondary education, 
     advanced training, or unsubsidized employment''; and
       (2) in clause (ii)--
       (A) in the matter preceding subclause (I), by striking 
     ``(for participants who are eligible youth age 14 through 
     18)'';
       (B) in subclause (I), by striking ``and, as appropriate, 
     work readiness or occupational skills'' and inserting ``, 
     workplace skills, or occupation skills, as appropriate'';
       (C) in subclause (II), by striking ``and'' after the 
     semicolon;
       (D) in subclause (III), by striking the period and 
     inserting ``; and''; and
       (E) by adding at the end the following:

       ``(IV) performance on measures described in subclauses (I), 
     (II), and (III) of clause (i) by youth 18 years of age and 
     older.''.

     SEC. 110. 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'' after the 
     semicolon;
       (2) in subparagraph (H), by striking the period and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(I) projects that assist low skill and limited English 
     proficient workers to acquire the basic, English, work 
     readiness, and applied technical or occupational skills 
     through integrated education and training programs to 
     successfully transition to postsecondary education, workforce 
     development, and employment in career pathways; and

[[Page 18019]]

       ``(J) projects that test effective ways to develop 
     comprehensive career pathways learning approaches that fully 
     align adult education with secondary education, postsecondary 
     education, including registered apprenticeship programs, 
     workforce development, and supportive service activities, and 
     with regional economic development strategies to meet the 
     skill needs of existing and emerging regional employers as 
     well as the needs of low skilled adults, helping adults, 
     especially those who are low skilled, to advance through 
     progressive levels of education and training as quickly as 
     possible and gain education and workforce skills of 
     demonstrated value to the labor market at each level.''.

       TITLE II--ADULT EDUCATION, LITERACY, AND WORKPLACE SKILLS

     SEC. 201. PURPOSE.

       Section 202 of the Adult Education and Family Literacy Act 
     (20 U.S.C. 9201) is amended--
       (1) in paragraph (1), by inserting ``and postsecondary 
     education or training'' after ``self-sufficiency'';
       (2) in paragraph (2), by striking ``and'' after the 
     semicolon;
       (3) in paragraph (3)--
       (A) by inserting ``and transition to postsecondary 
     education and career pathways'' after ``education''; and
       (B) by striking the period and inserting ``; and''; and
       (4) by adding at the end the following:
       ``(4) assist adults with limited English proficiency in 
     improving their reading, writing, speaking, listening, and 
     comprehension skills in English and mathematical skills and 
     acquiring an understanding of the American system of 
     government, individual freedom, and the responsibilities of 
     citizenship.''.

     SEC. 202. DEFINITIONS.

       (a) In General.--Section 203 of the Adult Education and 
     Family Literacy Act (20 U.S.C. 9202) is amended--
       (1) by redesignating paragraphs (3), (4), (5), (6), (7), 
     (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), and 
     (18), as paragraphs (4), (5), (6), (7), (8), (9), (10), (11), 
     (12), (15), (16), (17), (18), (19), (20), and (21), 
     respectively;
       (2) by inserting after paragraph (2) the following:
       ``(3) Career pathway.--The term `career pathway' has the 
     meaning given the term in section 101 of the Workforce 
     Investment Act of 1998.'';
       (3) in paragraph (6), as redesignated by paragraph (1)--
       (A) in the matter preceding subparagraph (A), by inserting 
     ``an organization that has demonstrated effectiveness in 
     providing adult education, literacy, and workplace skills 
     activities that may include'' after ``means'';
       (B) in subparagraph (B), by striking ``of demonstrated 
     effectiveness'';
       (C) in subparagraph (C), by striking ``of demonstrated 
     effectiveness'';
       (D) in subparagraph (H), by striking ``and'' after the 
     semicolon;
       (E) in subparagraph (I), by striking the period and 
     inserting ``; and''; and
       (F) by adding at the end the following:
       ``(J) a partnership between an entity described in any of 
     subparagraphs (A) through (I) and an employer.'';
       (4) in paragraph (8), as redesignated by paragraph (1)--
       (A) in the matter preceding subparagraph (A)--
       (i) by inserting ``the economic prospects for'' after 
     ``sustainable changes in''; and
       (ii) by inserting ``and that better enable parents to 
     support their children's learning needs'' after ``a family'';
       (B) by redesignating subparagraphs (A) through (D) as 
     subparagraphs (B) through (E), respectively; and
       (C) by inserting before subparagraph (B), as redesignated 
     by subparagraph (B), the following:
       ``(A) Parent adult education, literacy, and workplace 
     skills activities that lead to readiness for postsecondary 
     education or training, career advancement, and economic self-
     sufficiency.'';
       (5) by inserting after paragraph (12), as redesignated by 
     paragraph (1), the following:
       ``(13) Integrated education and training.--The term 
     `integrated education and training' has the meaning given the 
     term in section 101 of the Workforce Investment Act of 1998.
       ``(14) Integrated english literacy and civics education 
     program.--The term `integrated English literacy and civics 
     education program' means programs of instruction designed to 
     help an individual of limited English proficiency achieve 
     competence in English through contextualized instruction on 
     the rights and responsibilities of citizenship, 
     naturalization procedures, civic participation, and United 
     States history and Government to help such an individual 
     acquire the skills and knowledge to become an active and 
     informed parent, worker, and community member.''; and
       (6) by adding at the end the following:
       ``(22) Workplace skills.--The term `workplace skills' has 
     the meaning given the term in section 101 of the Workforce 
     Investment Act of 1998.''.
       (b) Conforming Amendment.--Section 173A(b)(8) of the 
     Workforce Investment Act of 1998 (29 U.S.C. 2918a(b)(8)) is 
     amended by striking ``section 203(10) of the Adult Education 
     and Family Literacy Act (20 U.S.C. 9202(10))'' and inserting 
     ``section 203(11) of the Adult Education and Family Literacy 
     Act (20 U.S.C. 9202(11))''.

     SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

       Section 205 of the Adult Education and Family Literacy Act 
     (20 U.S.C. 9204) is amended to read as follows:

     ``SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     title $850,000,000 for fiscal year 2010 and such sums as may 
     be necessary for each succeeding fiscal year.''.

     SEC. 204. RESERVATION OF FUNDS; GRANTS TO ELIGIBLE AGENCIES; 
                   ALLOTMENTS.

       Section 211 of the Adult Education and Family Literacy Act 
     (20 U.S.C. 9211) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``$8,000,000'' and 
     inserting ``$15,000,000'';
       (B) in paragraph (2)--
       (i) by striking ``1.5 percent'' and inserting ``1.25 
     percent'';
       (ii) by striking ``$8,000,000'' and inserting 
     ``$12,000,000''; and
       (iii) by striking ``and'' after the semicolon;
       (C) in paragraph (3), by striking the period and inserting 
     ``; and''; and
       (D) by adding at the end the following:
       ``(4) shall reserve 12 percent to carry out section 244.''; 
     and
       (2) in subsection (d), by striking paragraphs (1) through 
     (4) and inserting the following:
       ``(1)(A) is at least 16 years of age;
       ``(B) is beyond the age of compulsory school attendance 
     under the law of the State or outlying area;
       ``(C) does not have a secondary school diploma or its 
     recognized equivalent; and
       ``(D) is not enrolled in secondary school; or
       ``(2) is an individual--
       ``(A) described in each of subparagraphs (A), (B), and (D) 
     of paragraph (1); and
       ``(B) who is limited English proficient.''.

     SEC. 205. PERFORMANCE ACCOUNTABILITY SYSTEM.

       Section 212(b) of the Adult Education and Family Literacy 
     Act (20 U.S.C. 9212(b)) is amended--
       (1) in paragraph (1)(A)--
       (A) in clause (i), by inserting ``and the employment 
     performance indicator described in paragraph (2)(B)'' after 
     ``paragraph (2)(A)''; and
       (B) in clause (ii), by striking ``paragraph (2)(B)'' and 
     inserting ``paragraph (2)(C)'';
       (2) in paragraph (2)--
       (A) in subparagraph (A)--
       (i) in clause (ii), by striking ``in, retention in'' and 
     all that follows through the period at the end and inserting 
     ``in postsecondary education, including registered 
     apprenticeship, or other skill training programs.''; and
       (ii) by adding at the end the following:
       ``(iv) Attainment of work readiness, workforce skills, and 
     certificates that are nationally or industry recognized or 
     approved by the State board or local board, as 
     appropriate.'';
       (B) by redesignating subparagraph (B) as subparagraph (D);
       (C) by inserting after subparagraph (A) the following:
       ``(B) Employment performance indicator.--Consistent with 
     applicable Federal and State privacy laws--
       ``(i) an eligible agency shall identify in the State plan 
     an individual participant employment performance indicator, 
     which shall be entry into employment; and
       ``(ii) the State agency responsible for maintaining and 
     analyzing the data described in clause (i) shall assist the 
     eligible agency in obtaining and using quarterly wage records 
     to collect such data.
       ``(C) Technology literacy indicator.--Beginning in 2013, an 
     eligible agency shall include a technology literacy indicator 
     in its performance measure.''; and
       (D) by striking subparagraph (D), as redesignated by 
     subparagraph (B), and inserting the following:
       ``(D) Additional indicators.--An eligible agency may 
     identify in the State plan additional indicators, including 
     customer feedback, for adult education, literacy, and 
     workplace skills activities authorized under this 
     subtitle.''; and
       (3) in paragraph (3)(B)--
       (A) in the heading, by inserting ``and employment 
     performance indicator'' after ``indicators''; and
       (B) by striking ``paragraph (2)(B)'' and inserting 
     ``paragraph (2)(C) and for the employment performance 
     indicator described in paragraph (2)(B)''.

     SEC. 206. STATE DISTRIBUTION OF FUNDS; MATCHING REQUIREMENT.

       Section 222(a) of the Adult Education and Family Literacy 
     Act (20 U.S.C. 9222(a)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``not more than 10'' and inserting ``not 
     less than 10''; and
       (B) by striking ``82.5 percent'' both places the term 
     appears and inserting ``80 percent''; and
       (2) in paragraph (2), by striking ``12.5 percent'' and 
     inserting ``15 percent''.

     SEC. 207. STATE LEADERSHIP ACTIVITIES.

       Section 223(a) of the Adult Education and Family Literacy 
     Act (20 U.S.C. 9223(a)) is amended to read as follows:

[[Page 18020]]

       ``(a) Activities.--
       ``(1) Required activities.--Each eligible agency shall use 
     funds made available under section 222(a)(2) for the 
     following adult education, literacy, and work readiness 
     skills activities:
       ``(A) The establishment or operation of professional 
     development programs to improve the quality of instruction 
     provided pursuant to local activities required under section 
     231(b).
       ``(B) The provision of technical assistance to eligible 
     providers of adult education, literacy, and workplace skills 
     activities to enable them to fulfill the purpose of this 
     title, as described in section 202.
       ``(C) The monitoring and evaluation of adult education and 
     related activities to determine what works and broadly 
     disseminate information about models and best practices and 
     tools within the State.
       ``(D) The provision of technology assistance, including 
     staff training, to eligible providers of adult education, 
     literacy, and workplace skills activities to enable the 
     eligible providers to improve the quality of such activities.
       ``(E) Coordination with the workforce investment systems 
     supported under title I.
       ``(2) Permissible activities.--Each eligible agency may use 
     funds made available under section 222(a)(2) for 1 or more of 
     the following adult education, literacy, and workplace skills 
     activities:
       ``(A) The support for State or regional networks of 
     literacy resource centers.
       ``(B) Incentives for program coordination and integration, 
     and performance awards.
       ``(C) Developing and disseminating curricula for 
     postsecondary and job training readiness, including curricula 
     for using technology for distance learning and for 
     instructional and teacher training purposes.
       ``(D) Coordination with existing support services, such as 
     transportation, child care, and other assistance designed to 
     increase rates of enrollment in, and successful completion 
     of, adult education, literacy, and workplace skills 
     activities, to adults enrolled in such activities.
       ``(E) Developing innovative content and models for 
     integrated education and training programs.
       ``(F) Developing innovative content and models to foster 
     the transition to postsecondary education and career 
     pathways.
       ``(G) Linkages with postsecondary educational institutions.
       ``(H) Linkages with community-based organizations.
       ``(I) Support for recruitment and outreach for instructors, 
     students, and employers.''.

     SEC. 208. STATE PLAN.

       Section 224 of the Adult Education and Family Literacy Act 
     (20 U.S.C. 9224) is amended--
       (1) in subsection (b)--
       (A) in paragraph (11), by striking ``and'' after the 
     semicolon;
       (B) in paragraph (12), by striking the period at the end 
     and inserting a semicolon; and
       (C) by adding at the end the following:
       ``(13) a description of the knowledge and skills necessary 
     for acceptance in postsecondary education and training;
       ``(14) a description of any certification or other 
     requirements for instructors in eligible adult education, 
     literacy, and workplace skills program providers in the 
     State;
       ``(15) a description of the professional development needs 
     of adult education, literacy, and workplace skills providers 
     in the State;
       ``(16) a description of how the State will--
       ``(A) use technology to improve the quality of adult 
     education, literacy, and workplace skills services; and
       ``(B) expand access to such services for workers and 
     students;
       ``(17) a description of how the State will carry out 
     programs described in section 244;
       ``(18) a description of the data system that the State will 
     use to track over time student outcomes on the performance 
     measures described in section 212;
       ``(19) a description of the State's program to invest in 
     the skills of workers, including plans for involving business 
     as an active partner in the effort; and
       ``(20) a description of how the adult education programs 
     will be integrated with occupational skills programs and 
     aligned with postsecondary education, career, and technical 
     education, workforce development programs, and other Federal 
     funds available under title I and other relevant Federal 
     programs.'';
       (2) by striking subsection (e) and inserting the following:
       ``(e) Peer Review and Plan Approval.--The Secretary shall--
       ``(1) establish a peer review process to assist in the 
     review and approval of State plans;
       ``(2) in consultation with the National Institute for Adult 
     Education, Literacy, and Workplace Skills, appoint 
     individuals, representing the range of stakeholders, to the 
     peer-review process, including--
       ``(A) representatives of adult learners, adult education, 
     literacy, and workplace skills providers, eligible agencies, 
     State educational agencies, institutions of higher education, 
     representatives of local or State workforce investment 
     boards; and
       ``(B) experts in the fields of adult education, literacy, 
     and workplace skills;
       ``(3) approve a State plan within 120 days after receiving 
     the plan, unless the Secretary makes a written determination, 
     within 30 days after receiving the plan, that the plan does 
     not meet the requirements of this section or is inconsistent 
     with specific provisions of this subtitle; and
       ``(4) not finally disapprove of a State plan before 
     offering the eligible agency the opportunity, prior to the 
     expiration of the 30-day period beginning on the date on 
     which the eligible agency received the written determination 
     described in paragraph (3), to revise the plan, and providing 
     technical assistance in order to assist the eligible agency 
     in meeting the requirements of this subtitle.''; and
       (3) by striking subsections (f) and (g).

     SEC. 209. PROGRAMS FOR CORRECTIONS EDUCATION AND OTHER 
                   INSTITUTIONALIZED INDIVIDUALS.

       Section 225 of the Adult Education and Family Literacy Act 
     (20 U.S.C. 9225) is amended--
       (1) in subsection (b)--
       (A) in paragraph (3), by striking ``and'' after the 
     semicolon at the end;
       (B) in paragraph (4), by striking the period at the end and 
     inserting a semicolon; and
       (C) by adding at the end the following:
       ``(5) integrated education and training programs;
       ``(6) career pathways programs;
       ``(7) dual enrollment programs; and
       ``(8) preparation for postsecondary education and 
     training.'';
       (2) by redesignating subsection (d) as subsection (e); and
       (3) by inserting after subsection (c) the following:
       ``(d) Report.--In addition to any report required under 
     section 212(c), each eligible agency that receives assistance 
     provided under this section shall annually prepare and submit 
     to the Secretary a report on the progress, as described in 
     section 212(c)(1), of the eligible agency with respect to the 
     programs and activities of the eligible entity receiving 
     assistance under this section.''.

     SEC. 210. GRANTS AND CONTRACTS FOR ELIGIBLE PROVIDERS.

       Section 231(b)(1) of the Adult Education and Family 
     Literacy Act (20 U.S.C. 9241(b)(1)) is amended to read as 
     follows:
       ``(1) Adult education, literacy, and workplace skills 
     services, which may include workplace literacy services, 
     integrated education and training services, and transition to 
     postsecondary education and training and career pathways.''.

     SEC. 211. LOCAL APPLICATION.

       Section 232 of the Adult Education and Family Literacy Act 
     (20 U.S.C. 9242) is amended--
       (1) in the matter preceding paragraph (1), by inserting 
     ``the measurable goals to be accomplished as a result of the 
     grant or contract and'' after ``including'';
       (2) in paragraph (1), by striking ``and'' after the 
     semicolon;
       (3) in paragraph (2), by striking the period and inserting 
     ``; and''; and
       (4) by adding at the end the following:
       ``(3) a description of how the grantee or contractor will 
     collect data for purposes of reporting performance measures 
     to assess and evaluate the progress of adult education 
     students and activities.''.

     SEC. 212. ADMINISTRATIVE PROVISIONS.

       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) Rulemaking.--
       ``(1) In general.--The Secretary shall issue such 
     regulations as are necessary to reasonably ensure compliance 
     with this title.
       ``(2) Consultation.--Before publishing in the Federal 
     Register proposed regulations to carry out this title, the 
     Secretary shall consult with the Secretary of Labor and 
     obtain the advice and recommendations of representatives of--
       ``(A) adult learners;
       ``(B) adult education, literacy, and workplace skills 
     providers;
       ``(C) eligible agencies;
       ``(D) State educational agencies;
       ``(E) institutions of postsecondary education, including 
     community colleges;
       ``(F) representatives of State and local workforce 
     investment boards;
       ``(G) other organizations involved with the implementation 
     and operation of programs under this title; and
       ``(H) community based organizations involved with the 
     implementation and operation of programs under this title.
       ``(3) Meetings and electronic exchange.--The advice and 
     recommendations described in paragraph (2) may be obtained 
     through such mechanisms as regional meetings and electronic 
     exchanges of information.''.

     SEC. 213. NATIONAL INSTITUTE FOR ADULT EDUCATION, LITERACY, 
                   AND WORKPLACE SKILLS.

       Section 242 of the Adult Education and Family Literacy Act 
     (20 U.S.C. 9252) is amended--
       (1) by striking the section heading and inserting the 
     following ``NATIONAL INSTITUTE FOR ADULT EDUCATION, LITERACY, 
     AND WORKPLACE SKILLS'';
       (2) by striking subsection (a) and inserting the following:
       ``(a) Purpose.--The purpose of the National Institute for 
     Adult Education, Literacy, and Workplace Skills is to--

[[Page 18021]]

       ``(1) provide national leadership regarding adult education 
     and family literacy;
       ``(2) coordinate adult education, literacy, and workplace 
     skills services and policy; and
       ``(3) serve as a national resource for adult education, 
     literacy, and workplace skills programs by--
       ``(A) providing the best and most current information 
     available;
       ``(B) providing national leadership on the use of 
     technology for adult education; and
       ``(C) supporting the creation of new ways to offer adult 
     education, literacy, and workplace skills services of proven 
     effectiveness.'';
       (3) in subsection (b)--
       (A) in paragraph (1), by striking ``National Institute for 
     Literacy'' and inserting ``National Institute for Adult 
     Education, Literacy, and Workplace Skills'';
       (B) in paragraph (2), by striking ``separate'' and 
     inserting ``independent''; and
       (C) in paragraph (3), by striking ``National Institute for 
     Literacy Advisory Board'' and inserting ``National Institute 
     for Adult Education, Literacy, and Workplace Skills Advisory 
     Board'';
       (4) in subsection (c)(1)--
       (A) in subparagraph (A)--
       (i) in clause (iii), by striking ``and'' after the 
     semicolon;
       (ii) in clause (iv), by inserting ``and'' after the 
     semicolon; and
       (iii) by adding at the end the following:
       ``(v) effective practices for integrated English literacy 
     and civics education programs;'';
       (B) by striking subparagraph (D) and inserting the 
     following:
       ``(D) to collect and disseminate information on methods of 
     advancing education and literacy that show great promise for 
     adults eligible for services under this title;'';
       (C) by striking subparagraph (E) and inserting the 
     following:
       ``(E) to provide policy and technical assistance to 
     Federal, State, and local organizations for the improvement 
     of adult education, literacy, and workplace skills 
     services;'';
       (D) in subparagraph (G), by inserting ``and integrated 
     English literacy and civics education programs'' after 
     ``workforce investment activities'';
       (E) in subparagraph (H), by striking ``and'' after the 
     semicolon;
       (F) in subparagraph (I), by striking the period and 
     inserting a semicolon; and
       (G) by adding at the end the following:
       ``(J) to carry out section 306 of the Adult Education and 
     Economic Growth Act of 2009; and
       ``(K) not later than 4 years after the date of enactment of 
     the Adult Education and Economic Growth Act of 2009, to 
     conduct an evaluation and submit a report to the Interagency 
     Group, 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 effectiveness of 
     programs funded under this title in achieving the purpose 
     described in section 202, which evaluation and report shall 
     include--
       ``(i) a longitudinal study of outcomes for adult learners 
     served under programs under this title;
       ``(ii) an analysis of the adequacy of the performance 
     measures identified in section 212; and
       ``(iii) recommendations for improved performance measures 
     and on how to improve program effectiveness.''; and
       (5) in subsection (e)--
       (A) in the heading, by striking ``National Institute for 
     Literacy Advisory Board'' and inserting ``National Institute 
     for Adult Education, Literacy, and Workplace Skills Advisory 
     Board''; and
       (B) in paragraph (1)(A), by striking ``National Institute 
     for Literacy Advisory Board'' and inserting ``National 
     Institute for Adult Education, Literacy, and Workplace Skills 
     Advisory Board''.

     SEC. 214. NATIONAL LEADERSHIP ACTIVITIES.

       Section 243 of the Adult Education and Family Literacy Act 
     (20 U.S.C. 9253) is amended to read as follows:

     ``SEC. 243. NATIONAL LEADERSHIP ACTIVITIES.

       ``The Secretary shall establish and carry out a program of 
     national leadership activities to improve the quality and 
     outcomes of adult education, literacy, and workplace skills 
     programs nationwide. Such activities shall include the 
     following:
       ``(1) Technical assistance, which may include--
       ``(A) assistance to eligible providers in developing and 
     using certification systems, performance measures, and data 
     systems for the improvement of adult education, literacy, and 
     workplace skills activities, including family literacy 
     services, transition to postsecondary education or career 
     pathways, and integrated English literacy and civics 
     education programs;
       ``(B) assistance related to professional development 
     activities and assistance for the purpose of developing, 
     improving, identifying, and disseminating the most successful 
     methods and techniques for providing adult education, 
     literacy, and workplace skills activities, including family 
     literacy services, transition to postsecondary education or 
     career pathways, and integrated English literacy and civics 
     education programs, based on scientific evidence where 
     available; or
       ``(C) assistance in distance learning and promoting and 
     improving the use of technology in the classroom.
       ``(2) National demonstration projects for improving adult 
     education, literacy, and workplace skills services, which may 
     include projects that--
       ``(A) accelerate learning outcomes for adult learners with 
     the lowest literacy levels;
       ``(B) promote career pathways;
       ``(C) allow dual enrollment in adult secondary education 
     and credit bearing postsecondary coursework;
       ``(D) provide integrated education and training services;
       ``(E) build capacity to enhance the intensity of adult 
     education, literacy, and workplace skills services;
       ``(F) establish partnerships to improve the quality of and 
     expand adult education, literacy, and workplace skills 
     services to more adults;
       ``(G) provide professional development opportunities to 
     adult education, literacy, and workplace skills service 
     providers;
       ``(H) develop new curricula and methods of instruction that 
     improve learning outcomes in adult education, literacy, and 
     workplace skills programs; and
       ``(I) provide integrated English literacy and civics 
     education program instruction.
       ``(3) Dissemination of the results and best practices 
     identified in the national demonstration projects described 
     in paragraph (2).
       ``(4) Program evaluation and data collection and 
     reporting.''.

     SEC. 215. INTEGRATED ENGLISH LITERACY AND CIVICS EDUCATION 
                   PROGRAMS.

       Chapter 4 of subtitle A of the Adult Education and Family 
     Literacy Act (20 U.S.C. 9251 et seq.) is amended by adding at 
     the end the following:

     ``SEC. 244. INTEGRATED ENGLISH LITERACY AND CIVICS EDUCATION 
                   PROGRAMS.

       ``(a) In General.--From funds reserved under section 
     211(a)(4) for each fiscal year, the Secretary shall award 
     grants to States, in accordance with the allocations under 
     subsection (b), for integrated English literacy and civics 
     education programs.
       ``(b) Allocations.--
       ``(1) In general.--Subject to paragraph (2), of the funds 
     described in subsection (a), the Secretary shall allocate--
       ``(A) 65 percent to States on the basis of a State's need 
     for integrated English and civics education programs, as 
     determined by calculating each State's share of a 10-year 
     average of the data compiled by the Office of Immigration 
     Statistics of the Department of Homeland Security, for 
     immigrants admitted for lawful permanent residence for the 10 
     most recent years; and
       ``(B) 35 percent to States on the basis of whether the 
     State experienced growth, as measured by the average of the 3 
     most recent years for which data compiled by the Office of 
     Immigration Statistics of the Department of Homeland Security 
     are available, for immigrants admitted for lawful permanent 
     residence.
       ``(2) Minimum.--No State shall receive an allocation under 
     paragraph (1) for a fiscal year in an amount that is less 
     than $60,000.''.

    TITLE III--21ST CENTURY TECHNOLOGY AND SKILLS FOR ADULT LEARNERS

     SEC. 301. PURPOSES.

       The purposes of this title are the following:
       (1) To expand access to adult education services through 
     the use of technology.
       (2) To provide professional development for providers of 
     adult education, literacy, and workplace skills services so 
     that they are able to--
       (A) effectively use technology in the delivery of adult 
     education, literacy, and workplace skills services; and
       (B) improve the quality of instruction and accelerate the--
       (i) achievement of basic educational skills, English 
     language literacy, and secondary school equivalency or 
     postsecondary education; and
       (ii) training readiness for adult learners.
       (3) To assist States in developing a 21st Century delivery 
     system for adult education, literacy, and workplace skills 
     services.
       (4) To assist adults in developing technology literacy.

     SEC. 302. DEFINITIONS.

       In this title:
       (1) Adult education terms.--The terms ``adult education'', 
     ``eligible agency'', ``eligible provider'', ``Secretary'', 
     and ``State'' have the meanings given the terms in section 
     203 of the Adult Education and Family Literacy Act (20 U.S.C. 
     9202).
       (2) Distance education.--The term ``distance education'' 
     has the meaning given the term in section 103 of the Higher 
     Education Act of 1965 (20 U.S.C. 1003).
       (3) Institute.--The term ``Institute'' means the National 
     Institute for Adult Education, Literacy, and Workplace Skills 
     established under section 242 of the Adult Education and 
     Family Literacy Act (20 U.S.C. 9252).
       (4) Technology literacy.--The term ``technology literacy'' 
     means the knowledge and skills in using contemporary 
     information, communication and learning technologies in a 
     manner necessary for successful lifelong learning and 
     citizenship in the

[[Page 18022]]

     knowledge-based, digital, and global 21st Century, which 
     includes the abilities--
       (A) to effectively communicate and collaborate;
       (B) to analyze and solve problems;
       (C) to access, evaluate, manage, and create information and 
     otherwise gain information literacy; and
       (D) to do so in a safe and ethical manner.

     SEC. 303. RESERVATION OF FUNDS AND ALLOTMENTS.

       (a) Reservation of Funds.--From the sums appropriated under 
     section 307 for a fiscal year, the Secretary shall reserve 3 
     percent or $7,500,000 to carry out section 306, whichever 
     amount is less.
       (b) Allotment of Remainder.--From the sums remaining for a 
     fiscal year after making the reservation under subsection 
     (a), the Secretary shall allot--
       (1) 75 percent to carry out section 305;
       (2) 20 percent to carry out section 304; and
       (3) 5 percent for administrative costs in carrying out 
     section 304.
       (c) Allotments to Eligible Agencies.--
       (1) In general.--From the sums available to carry out 
     section 304 for a fiscal year, the Secretary shall allot to 
     each eligible agency with an approved application an amount 
     that bears the same relationship to such sums as the amount 
     received under section 211(c)(2) of the Adult Education and 
     Family Literacy Act (20 U.S.C. 9211(c)(2)) by such eligible 
     agency bears to the amount received under such section for 
     such fiscal year by all eligible agencies.
       (2) Minimum allotment.--No eligible agency shall receive an 
     allotment under paragraph (1) for a fiscal year in amount 
     that is less than $100,000. If the amount appropriated to 
     carry out section 304 for a fiscal year is not sufficient to 
     pay such minimum allotment, the amount of such minimum 
     allotments shall be ratably reduced.

     SEC. 304. GRANTS TO ELIGIBLE AGENCIES.

       (a) Authorization of Grants.--The Secretary shall award 
     grants to eligible agencies from allotments under section 
     303(b).
       (b) Application.--
       (1) In general.--Each eligible agency that desires to 
     receive a grant under this title shall submit an application 
     to the Secretary at such time, in such manner, and 
     accompanied by such information as the Secretary may require.
       (2) Contents.--An application submitted under paragraph (1) 
     shall contain the following:
       (A) A description of the eligible agency's technology plan 
     for the adult education system, including measurable goals to 
     be achieved.
       (B) A description of how the eligible agency will provide 
     technical assistance and support to local programs.
       (C) A description of how the eligible agency will use 
     technology to expand adult education, literacy, and workplace 
     skills services to more adults, including those in rural 
     areas.
       (D) A description of the long-term goals and strategies for 
     improved outcomes for adult learners.
       (E) A description of the professional development 
     activities to be undertaken.
       (F) A description of the performance benchmarks and how 
     data will be collected.
       (G) A description of how the eligible agency will ensure 
     that grants or contracts to eligible providers are of 
     sufficient size and scope to achieve the purposes of this 
     title.
       (c) Activities.--An eligible agency that receives a grant 
     under this title shall carry out the following:
       (1) Developing a statewide technology plan for the adult 
     education system.
       (2) Providing professional development for adult education, 
     literacy, and workplace skills service providers.
       (3) Providing access to curricula, instruction, and 
     assessment for adult learners and eligible providers.
       (4) Supporting the development of curricula and assessment 
     tools for adult education, literacy, and workplace skills 
     service providers.
       (5) Providing guidance and technical assistance to eligible 
     providers.
       (6) Supporting innovative pilot projects such as the use of 
     assistive technology to deliver content to adult learners.

     SEC. 305. GRANTS AND CONTRACTS TO ELIGIBLE PROVIDERS.

       (a) Authorization of Grants and Contracts.--An eligible 
     agency that receives a grant under this title shall award 
     grants and contracts to eligible providers to carry out 
     activities described in this section.
       (b) Eligible Provider Application.--An eligible provider 
     that desires to receive a grant or contract under this title 
     shall submit an application to an eligible agency, which 
     shall include--
       (1) a description of how the eligible provider will 
     integrate technology into the eligible provider's delivery of 
     adult education, literacy, and workplace skills services;
       (2) a description of professional development activities to 
     be undertaken; and
       (3) a description of plans to regularly replace computers 
     and servers that lack the functional capabilities to process 
     new online applications and services, including video 
     conferencing, video streaming, virtual simulations, and 
     distance education courses.
       (c) Eligible Provider Activities.--An eligible provider 
     that receives a grant or contract under this title shall 
     carry out the following:
       (1) Acquiring and effectively implementing technology 
     tools, applications, and other resources in conjunction with 
     enhancing or redesigning adult education, literacy, and 
     workplace skills curricula to increase adult learning 
     outcomes and improve adult technology literacy.
       (2) Acquiring and effectively implementing technology 
     tools, applications, and other resources to--
       (A) conduct on-going assessments and use other timely data 
     systems to more effectively identify individual learning 
     needs and guide personalized instruction, learning, and 
     appropriate interventions that address those personalized 
     student learning needs; and
       (B) support individualized learning, including through 
     instructional software and digital content that support the 
     learning needs of each student or through providing access to 
     high quality courses and instructors, especially in rural 
     areas.
       (3) Providing professional development activities for 
     providers of adult education, literacy, and workplace skills 
     services that includes--
       (A) training that is on-going, sustainable, timely, and 
     directly related to delivering adult education, literacy, and 
     workplace skills services;
       (B) training in strategies and pedagogy in the delivery of 
     adult education, literacy, and workplace skills services that 
     involves the use of technology and curriculum redesign as key 
     components of changing teaching and learning and improving 
     outcomes for adult learners;
       (C) training in the use of technology to ensure that 
     providers of adult education, literacy, and workplace skills 
     services are able to use technology for data analysis to 
     enable individualized instruction and to use technology to 
     improve technology literacy for adult learners; and
       (D) training that includes on-going communication and 
     follow-up with instructors, facilitators, and peers.
       (4) Acquisition and implementation of technology tools, 
     applications, and other resources to be employed in 
     professional development activities.

     SEC. 306. NATIONAL ADULT LEARNING AND TECHNOLOGY RESOURCE 
                   CENTER.

       (a) In General.--The Institute shall establish and maintain 
     the National Adult Learning and Technology Resource Center 
     (referred to in this section as the ``Center'').
       (b) Duties of the Center.--The Center shall--
       (1) develop frameworks for technology-based learning and 
     professional development materials for adult education, 
     literacy, and workplace skills;
       (2) develop frameworks for performance measures for 
     technology literacy;
       (3) provide technical assistance to eligible entities and 
     eligible providers of adult education, literacy, and 
     workplace skills;
       (4) support distance education for professional development 
     for eligible entities and eligible providers of adult 
     education, literacy, and workplace skills services;
       (5) support the innovative uses of technology, such as the 
     use of assistive technology, to deliver content to adult 
     learners; and
       (6) be accessible to the public through the website of the 
     Institute.

     SEC. 307. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     title $250,000,000 for fiscal year 2010 and such sums as may 
     be necessary for each succeeding fiscal year.

                 TITLE IV--RESEARCH IN ADULT EDUCATION

     SEC. 401. RESEARCH IN ADULT EDUCATION.

       (a) In General.--Section 133(c)(2)(A) of the Education 
     Sciences Reform Act of 2002 (20 U.S.C. 9533(c)(2)(A)) is 
     amended by inserting ``education and'' before ``literacy''.
       (b) National Research and Development Center.--
       (1) In general.--The Secretary of Education shall direct 
     the Commissioner for Education Research of the National 
     Center for Education Research established pursuant to section 
     131 of the Education Sciences Reform Act of 2002 (20 U.S.C. 
     9531) to establish a national research and development center 
     for adult education, literacy, and workplace skills as 
     described in section 133(c)(2)(A) of such Act (20 U.S.C. 
     9533(c)(2)(A)).
       (2) Provision for expansion of research.--If, as of the 
     date of the enactment of this Act, the Commissioner for 
     Education Research of the National Center for Education 
     Research has established a center for adult literacy in 
     accordance with section 133(c)(2)(A) of the Education 
     Sciences Reform Act of 2002 (20 U.S.C. 9533(c)(2)(A)), the 
     Commissioner shall expand the topic of research of such 
     center to include adult education, in accordance with the 
     amendment made by subsection (a).

                      TITLE V--EMPLOYER INCENTIVES

     SEC. 501. CREDIT FOR EMPLOYER EDUCATIONAL ASSISTANCE 
                   PROGRAMS.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following new section:

[[Page 18023]]



     ``SEC. 45R. CREDIT FOR EMPLOYER EDUCATIONAL ASSISTANCE 
                   PROGRAMS.

       ``(a) General Rule.--For purposes of section 38, in the 
     case of an employer, the employer educational assistance 
     program credit determined under this section for the taxable 
     year is an amount equal to 50 percent of the qualified 
     educational assistance expenses paid or incurred by the 
     taxpayer to or on behalf of any employee of the taxpayer 
     during the taxable year, regardless if the program is 
     provided at the workplace or outside of the workplace.
       ``(b) Limitations.--
       ``(1) Per employee limitation.--The amount of the qualified 
     educational assistance expenses taken into account under 
     subsection (a) with respect to any employee for the taxable 
     year shall not exceed $5,250.
       ``(2) Total limitation.--The aggregate amount of the 
     qualified educational assistance expenses taken into account 
     under subsection (a) with respect to all employees of the 
     taxpayer for the taxable year shall not exceed the average of 
     the aggregate qualified educational assistance expenses with 
     respect to all employees of the taxpayer taken into account 
     under subsection (a) in the 3 taxable years preceding such 
     taxable year.
       ``(3) Transition rule.--
       ``(A) In general.--In the case of a taxable year in which 
     qualified educational assistance expenses of the taxpayer 
     have not been taken into account under subsection (a) for 
     each of the 3 taxable years preceding such taxable year, the 
     aggregate amount of the qualified educational assistance 
     expenses taken into account under subsection (a) with respect 
     to all employees of the taxpayer for such taxable year shall 
     not exceed the average of the sum of--
       ``(i) the aggregate qualified educational assistance 
     expenses with respect to all employees of the taxpayer taken 
     into account under subsection (a) in any of the 3 taxable 
     years preceding such taxable year, plus
       ``(ii) the aggregate amount of amounts paid or expenses 
     incurred by the employer, for which an exclusion was 
     allowable to any employee of the employer under section 127, 
     in any of such 3 taxable years in which no expenses were 
     taken into account under subsection (a), plus
       ``(iii) in the case of a taxable year in which expenses 
     have not been taken into account under subsection (a) or 
     section 127 for each of the 3 taxable years preceding such 
     taxable year, an amount equal to--

       ``(I) $5,250, multiplied by
       ``(II) the number of employees of the taxpayer with respect 
     to which the taxpayer has qualified educational assistance 
     expenses in such taxable year.

       ``(c) Qualified Educational Assistance Expenses.--For 
     purposes of this section--
       ``(1) In general.--The term `qualified educational 
     assistance expenses' means expenses paid for educational 
     assistance pursuant to an educational assistance program 
     (within the meaning of section 127(b)).
       ``(2) Educational assistance.--The term `educational 
     assistance' has the meaning given such term by section 
     127(c)(1), applied without regard to subparagraph (B) 
     thereof, except that such term includes a payment only if 
     such payment is made with respect to an employee enrolled in 
     a program provided at the workplace or outside of the 
     workplace--
       ``(A) leading to a sub-baccalaureate degree or career 
     technical certificate awarded by an accredited postsecondary 
     institution; or
       ``(B) in basic education, workplace skills, or English 
     language training leading to a nationally recognized 
     certificate of proficiency.
       ``(d) Other Definitions and Special Rules.--Rules similar 
     to the rules of paragraphs (2) through (5) of section 127(c) 
     shall apply for purposes of this section.
       ``(e) Denial of Double Benefit.--No deduction or other 
     credit shall be allowed under this chapter to an employer for 
     any amount taken into account in determining the credit under 
     this section.''.
       (b) Credit Included in General Business Credit.--Section 
     38(b) of the Internal Revenue Code of 1986 is amended by 
     striking ``plus'' at the end of paragraph (34), by striking 
     the period at the end of paragraph (35) and inserting ``, 
     plus'', and by adding at the end the following new paragraph:
       ``(36) the employer educational assistance program credit 
     determined under section 45R(a).''.
       (c) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new item:

``Sec. 45R. Credit for employer educational assistance programs.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to expenses relating to courses of instruction 
     beginning after December 31, 2009.
                                 ______
                                 
      By Mrs. BOXER:
  S. 1469. A bill to provide for the administration of Port Chicago 
Naval Magazine National Memorial as a unit of the National Park System, 
and for other purposes; to the Committee on Armed Services.
  Mrs. BOXER. Mr. President, the Port Chicago Naval Magazine National 
Memorial Enhancement Act of 2009 would help increase visitor access to 
the Port Chicago Naval Magazine National Memorial on the former Concord 
Naval Weapons Station and ensure the long-term preservation of this 
important World War II site. The legislation is strongly supported by 
the National Park Service, a coalition of more than 37 civil rights 
organizations in California, the National Parks Conservation 
Association, and the Friends of Port Chicago.
  The Port Chicago Memorial marks the location of an explosion 65 years 
ago this week that killed and wounded numerous African American sailors 
and eventually paved the way for racial desegregation of the Armed 
Forces.
  On the night of July 17, 1944, as sailors were loading ammunition at 
the Port Chicago Naval Magazine, a terrible explosion occurred. More 
than 5,000 tons of ammunition ignited, sending a blast more than 12,000 
feet into the sky. The explosion killed 320 sailors, wounded hundreds 
more, and destroyed the surrounding town of Port Chicago. Less than a 
month after the explosion, survivors were ordered to resume work at a 
new site. Most survivors refused, citing the need for improved 
supervision, training, and working conditions to prevent another 
disaster. In response, the Navy charged 50 men with conspiring to 
mutiny, and all were convicted. The majority of men killed in the 
explosion and all those convicted of mutiny were African-American.
  Following the conviction, future Supreme Court Justice Thurgood 
Marshall, who at the time was a lawyer with the National Association 
for the Advancement of Colored People, took up the case. Roughly a year 
later, the Navy began moving towards racial desegregation, and in 1948, 
President Truman issued an Executive Order desegregating all of the 
Armed Forces and guaranteeing ``equality of treatment and opportunity 
for all persons in the armed services without regard to race, color, 
religion, or national origin.''
  In 1992, Congress authorized the creation of a National Memorial at 
Port Chicago. However, under its current authorities, the National Park 
Service still has limited ability to provide visitor access to the 
Memorial or to assist with the site's preservation. My bill authorizes 
the Interior Department to work with the City of Concord and the East 
Bay Regional Park District to operate a visitor's center for the 
Memorial, allowing veterans, students, and other visitors to learn more 
about the events that transpired at Port Chicago. The bill also 
designates the Memorial as a unit of the National Park System, allowing 
the Park Service to become more actively involved in its preservation.
  The bill specifically states that as much public access as possible 
will be provided ``without interfering with military needs,'' meaning 
that the timing and extent of public visitation will be adapted to 
accommodate military activities when they occur near the Memorial.
  Eventually, when the Secretary of Defense determines that the land is 
excess to military needs, the bill authorizes the Secretaries of 
Defense and Interior to enter into a Memorandum of Understanding 
leading to the transfer of the Memorial to the National Park Service.
  The Port Chicago National Memorial ensures that the stories of those 
who served and died at Port Chicago will not be forgotten. By enabling 
visitors to come to this site, future generations can continue to honor 
and learn from these brave sailors who selflessly served our Nation and 
who fought to overcome the barriers of racial segregation.

                          ____________________