Library / Laws / 113th / s / S. 1400 / Introduced in Senate
II
113th CONGRESS
1st Session
S. 1400
IN THE SENATE OF THE UNITED STATES
July 30, 2013
Mr. Reed (for himself
and Mr. Brown) introduced the following
bill; which was read twice and referred to the
Committee on
Finance
A BILL
To increase access to adult education to provide for
economic growth.
1.
Short title; table of
contents
(a)
Short
title
This Act may be cited
as the Adult Education and Economic
Growth Act.
(b)
Table of
contents
The table of contents for this Act is the
following:
Sec. 1. Short title; table of contents.
TITLE I—Adult Education and Workforce Investment
Systems
Sec. 101. Definitions.
Sec. 102. Purpose.
Sec. 103. State workforce investment boards.
Sec. 104. State plan.
Sec. 105. Local workforce investment boards.
Sec. 106. Local plan.
Sec. 107. Use of funds for youth activities.
Sec. 108. Use of funds for employment and training
activities.
Sec. 109. Performance accountability system.
Sec. 110. National programs.
Sec. 111. Administration.
Sec. 112. Transition provisions.
Sec. 113. Table of contents.
TITLE II—Adult education, literacy, and workplace
skills
Sec. 201. Purpose.
Sec. 202. Definitions.
Sec. 203. Authorization of appropriations.
Sec. 204. Reservation of funds; grants to eligible agencies;
allotments.
Sec. 205. Performance accountability system.
Sec. 206. State distribution of funds; matching
requirement.
Sec. 207. State leadership activities.
Sec. 208. State plan.
Sec. 209. Programs for corrections education and other
institutionalized individuals.
Sec. 210. Grants and contracts for eligible
providers.
Sec. 211. Local application.
Sec. 212. Administrative provisions.
Sec. 213. National Center For Adult Education, Literacy, and
Workplace Skills.
Sec. 214. National leadership activities.
Sec. 215. Integrated English literacy and civics education
programs.
TITLE III—21st Century Technology and Skills for Adult
Learners
Sec. 301. Purposes.
Sec. 302. Definitions.
Sec. 303. Reservation of funds and allotments.
Sec. 304. Grants to eligible agencies.
Sec. 305. Subgrants and contracts to eligible
providers.
Sec. 306. National Adult Learning and Technology
Clearinghouse.
Sec. 307. Authorization of appropriations.
TITLE IV—Research in adult education
Sec. 401. Research in adult education.
TITLE V—Employer incentives
Sec. 501. Credit for employer educational assistance
programs.
I
Adult Education
and Workforce Investment Systems
101.
Definitions
(a)
Title
header
The title header for title I of the Workforce Investment
Act of 1998 (29 U.S.C. 2801 et seq.) is amended to read as follows:
I
Adult education
and workforce investment
systems
.
(b)
Terms
Section 101 of the Workforce Investment Act
of 1998 (29 U.S.C. 2801) is amended by adding at the end the following:
(54)
Career
pathway
The term career pathway means a system of
educational and social services connecting education, training, and support
services, including adult basic skills, English language instruction, General
Educational Development test preparation, and noncredit and for-credit
industry-recognized credential and degree programs, to enable youth and adults
to advance over time to successively higher levels of education and employment
in a given industry, industry sector, or occupational cluster, that—
(A) aligns adult
education, postsecondary education, and occupational skills training to create
a pathway to attaining a recognized postsecondary credential that will qualify
an individual for career advancement in projected employment opportunities
identified in the State plan under section 112(b)(4)(A);
(B) includes advising
and career navigation to support the development of individual education and
career plans; and
(C) leads to a
secondary school diploma or its recognized equivalent (for individuals who have
not completed secondary school) or to a recognized postsecondary
credential.
(55)
Integrated education and
training
The term
integrated education and training means education that, at the
same time, combines adult education services and occupational skills training
for a specific occupation or occupational cluster leading to a recognized
postsecondary credential.
(56)
Recognized
postsecondary credential
The term recognized postsecondary
credential means a postsecondary degree from an institution of higher
education described in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001), a credential for completion of a registered apprenticeship
program, or another industry-recognized credential (such as an industry
certificate, or a license in an in-demand industry), if the recipient of the
grant or contract involved determines that the program leading to the
credential is of high quality.
(57)
Registered
apprenticeship program
The term registered apprenticeship
program means an industry occupational 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.
(58)
Sequential
education and training
The term sequential education and
training means adult education services that may occur prior to
occupational skills training or postsecondary education and are appropriate for
adults who need services offered, one after another, in a progressive
fashion.
(59)
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, and working with technology, and other skills
necessary for success in the
workplace.
.
102.
Purpose
(a)
Subtitle
header
The subtitle header for subtitle B of title I of the
Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.) is amended to read as
follows:
B
State and Local
Adult Education and Workforce Investment
Systems
.
(b)
Purpose
Section 106 of the Workforce Investment Act
of 1998 (29 U.S.C. 2811) is amended by striking workforce investment
systems and inserting adult education and workforce investment
systems.
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)(vi)(I), by inserting (particularly the lead State agency
officials with responsibility for the programs and activities that are
described in section 121(b)(1)(B)(iii)) after 121(b);
and
(2) in subsection (d)(2), by striking
workforce investment system and inserting adult education
and workforce investment system.
104.
State
plan
Section 112 of the
Workforce Investment Act of 1998 (29 U.S.C. 2822) is amended—
(1) in subsection
(a)—
(A) by striking
workforce investment system and inserting adult education
and workforce investment system; and
(B) by inserting
and aligns with the State plan described in section 224 before
the period at the end;
(2) in subsection
(b)—
(A) in paragraphs (2)
and (3), by striking workforce investment system and inserting
adult education and workforce investment system;
(B) 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 the employment opportunities, academic levels, skills, and
economic development needs described in this paragraph; and; and
(iv) by
adding at the end the following:
(E) the integrated
education and training and sequential education and training activities that
will be integrated and aligned with workforce investment activities and
services under this title, and the State’s efforts to promote greater
integration and alignment of adult education and workforce investment
activities and services under this
title;
;
(C) 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
processes for data collection and reporting regarding 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);
;
(D) in paragraph (9),
by striking businesses and representatives of labor
organizations and inserting businesses, representatives of labor
organizations, and representatives of education and training providers
(including adult education providers, institutions of higher education (as
defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)),
and training providers);
(E) in paragraph
(10), by striking workforce investment system and inserting
adult education and workforce investment system;
(F) in paragraph
(17)—
(i) in
subparagraph (A)(iv), by adding , and including individuals receiving
services under title II after disabilities; and
(ii) in
subparagraph (B), by striking and after the semicolon;
(G) in paragraph
(18)(D), by striking the period at the end and inserting a semicolon;
and
(H) by adding at the
end the following:
(19) a strategy for
coordinating services, including guidance, counseling, mentoring, and other
supports, to populations in need of such services, through public and private
partnerships, and for creating transition strategies with such elements as dual
enrollment, curricular articulation, and high intensity instruction; and
(20) an assurance
that every region, as designated by the State under section 116(c), in the
State has at least 1 adult education program that offers more than 1 option for
earning a credential with value in the local market to students who do not yet
have a secondary school diploma or its recognized equivalent and who are
unlikely to earn such a diploma or equivalent in the short-term, which option
may include earning the credential through a partnership that includes a
community college or occupational skills training provider and may include
getting that equivalent in the process.
;
and
(3) by adding at the
end the following:
(e)
Program
development period
Notwithstanding any other provision of this
section, a State may be eligible to receive an allotment under section 127 or
132, or to receive financial assistance under the Wagner-Peyser Act (29 U.S.C.
49 et seq.), before the State submits a single State plan under this section
(as amended under section 104 of the Adult Education and Economic Growth Act of
2013) if the State is in a 1-year program development
period.
.
105.
Local
workforce investment boards
Section 117 of the Workforce Investment Act
of 1998 (29 U.S.C. 2832) is amended—
(1) in subsection
(a), by striking workforce investment system each place it
appears and inserting adult education and workforce investment
system;
(2) in subsection
(d)(8), by striking workforce investment system and inserting
adult education and workforce investment system; and
(3) in subsection
(h)(2)(A)—
(A) in clause (v), by
striking and after the semicolon; and
(B) by inserting
after clause (vi), the following:
(vii) representatives
of adult education programs;
and
.
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, jobseeker, and worker needs, employment
opportunities, and academic levels and job skills, and economic development
needs; and
(E) the integrated
education and training and sequential education and training activities that
will be carried out under this title or title II and the integration and
alignment of activities described in this subparagraph with workforce
investment activities and services under this
title.
.
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 multiple pathways for eligible
youth.
;
and
(2) in subsection
(c)(1)(C)—
(A) in clause (iii),
by striking and after the semicolon;
(B) in clause
(iv)(II), by striking the period and inserting a semicolon; and
(C) by adding at the
end the following:
(v) opportunities for
career pathways; and
(vi) opportunities
for the completion of secondary school, in appropriate
cases.
.
108.
Use of funds
for employment and training activities
Section 134 of the Workforce Investment Act
of 1998 (29 U.S.C. 2864) is amended—
(1) in subsections
(a)(3)(A)(vii) and (c)(2)(B)(ii)(II), by striking workforce investment
system and inserting adult education and workforce investment
system; and
(2) in subsection (d)—
(A) in paragraph
(3)(A)(i)(I), by striking and are unable to obtain employment through
core services provided under paragraph (2); and
(B) in paragraph
(4)—
(i) in
subparagraph (A)(i), by striking and who are unable to obtain or retain
employment through such services;
(ii) in
subparagraph (D)—
(I) in clause (viii),
by striking and after the semicolon;
(II) in clause (ix),
by striking the period and inserting a semicolon; and
(III) by adding at
the end the following:
(x) integrated
education and training; and
(xi) career pathway
services.
;
(iii) in subparagraph
(G)—
(I) in clause (i), by
striking clause (ii) and inserting clause (ii) or
subparagraph (H); and
(II) in clause
(ii)—
(aa) in subclause
(II), by striking or after the semicolon;
(bb) in subclause
(III), by striking the period and inserting ; or; and
(cc) by adding at the
end the following:
(IV) the local board
determines that such provision of training services would facilitate the
provision of integrated education and training and sequential education and
training programs.
;
and
(iv) by adding at the
end the following:
(H)
Authorization
of contracts to institutions of higher education
The local board
may award a contract to an institution of higher education or other eligible
provider of training services, including an adult education provider eligible
under section 122, if the local board determines that provision of services
through the contract would facilitate the training of multiple individuals in
in-demand occupations.
.
109.
Performance
accountability system
Section
136 of the Workforce Investment Act of 1998 (29 U.S.C. 2871) is amended—
(1) in subsection (b)(2)(A)—
(A) in clause
(i)—
(i) 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;
(ii) in
subclause (III), by striking and at the end;
(iii) in subclause
(IV), by striking , or by participants who are eligible youth age 19
through 21 who enter postsecondary education, advanced training, or
unsubsidized employment. and inserting ; and; and
(iv) by
adding at the end the following:
(V) performance on
the core indicators described in section 212, as
appropriate.
;
and
(B) in clause
(ii)—
(i) in
the matter preceding subclause (I), by striking (for participants who
are eligible youth age 14 through 18);
(ii) in
subclause (I), by striking and, as appropriate, work readiness or
occupational skills and inserting , workplace skills, or
occupational skills, as appropriate;
(iii) in subclause
(II), by striking and after the semicolon;
(iv) in
subclause (III), by striking the period and inserting ; and;
and
(v) by
adding at the end the following:
(IV) the measures
described in subclauses (I), (II), and (III) of clause (i), for eligible youth
age 18 and older.
;
and
(2) in paragraphs
(1), (2), and (3) of subsection (e), by striking workforce investment
system and inserting adult education and workforce investment
system.
110.
National
programs
Section 171 of the
Workforce Investment Act of 1998 (29 U.S.C. 2916) is amended—
(1) in subsection (b)(1)—
(A) in subparagraph
(G), by striking and after the semicolon;
(B) in subparagraph
(H), by striking the period and inserting a semicolon; and
(C) by adding at the
end the following:
(I) projects that
assist low-skill and limited English proficient workers to acquire basic,
English, work readiness, and applied technical or occupational skills through
integrated education and training and sequential education and training
programs to successfully transition to postsecondary education, workforce
development, and employment in career pathways; and
(J) projects that
test effective ways to develop comprehensive career pathway learning approaches
that—
(i) fully align adult
education with—
(I) secondary
education, postsecondary education, workforce development programs including
registered apprenticeship programs, and supportive service activities;
and
(II) regional
economic development strategies to meet the skill needs of existing and
emerging regional employers as well as the needs of low-skilled adults;
and
(ii) are designed to
help adults, especially those who are low-skilled, to advance through
progressive levels of education and training as quickly as possible and gain
education and workplace skills of demonstrated value to the labor market at
each level.
;
and
(2) in subparagraphs
(D)(iii)(I) and (E)(ii)(III) of subsection (e)(2), by striking workforce
investment system and inserting adult education and workforce
investment system.
111.
Administration
(a)
Requirements
and restrictions
Section 181(b)(1) of the Workforce Investment
Act of 1998 (29 U.S.C. 2931(b)(1)) is amended by striking workforce
investment system and inserting adult education and workforce
investment system.
(b)
Waivers and
special rules
Section 189(i)(4)(B) of the Workforce Investment
Act of 1998 (29 U.S.C. 2939(i)(4)(B)) is amended by striking workforce
investment system and inserting adult education and workforce
investment system.
112.
Transition
provisions
Section 506(a) of
the Workforce Investment Act of 1998 (20 U.S.C. 9276(a)) is amended—
(1) in the subsection
heading, by striking Workforce Investment Systems and inserting
Adult Education and
Workforce Investment Systems; and
(2) by striking
workforce investment systems and inserting adult
education and workforce investment systems.
113.
Table of
contents
The table of contents
in section 1(b) of the Workforce Investment Act of 1998 is amended—
(1) by striking the
item relating to the title header for title I and inserting the
following:
TITLE I—ADULT EDUCATION AND
WORKFORCE INVESTMENT SYSTEMS
;
and
(2) by striking the
item relating to the subtitle header for subtitle B of title I and inserting
the following:
Subtitle B—State and Local
Adult Education and Workforce Investment
Systems
.
II
Adult education,
literacy, and workplace skills
201.
Purpose
Section 202 of the Adult Education and
Family Literacy Act (20 U.S.C. 9201) is amended—
(1) by striking paragraph (1) and inserting the
following:
(1) assist adults to
become literate and numerate and to obtain the knowledge and skills necessary
to transition to and succeed in postsecondary education, job training, and
employment in family-sustaining jobs, and to be self
sufficient;
;
(2) in paragraph (2),
by striking and after the semicolon;
(3) in paragraph (3),
by striking education. and inserting education and
transition to postsecondary education and career pathways; and;
and
(4) by adding at the
end the following:
(4) assist adults
with limited English proficiency in—
(A) improving their
reading, writing, speaking, listening, and comprehension skills in English and
their mathematical skills;
(B) acquiring an
understanding of the American system of Government, individual freedom, and the
responsibilities of citizenship; and
(C) where necessary,
obtaining the knowledge and skills to transition to and succeed in
postsecondary education, job training, and employment in family-sustaining
jobs.
.
202.
Definitions
(a)
In
general
Section 203 of the
Adult Education and Family Literacy Act (20 U.S.C. 9202) is amended—
(1) by striking
paragraph (14);
(2) by redesignating paragraphs (1) (2), (3)
through (11), (12), (13), and (15) through (18) as paragraphs (2), (3), (5)
through (13), (15), (16), and (17) through (20), respectively;
(3) by inserting
before paragraph (2), as redesignated by paragraph (2), the following:
(1)
WIA
terms
The terms career pathway, integrated
education and training, local board, outlying
area, sequential education and training, State
board, and workplace skills have the meanings given the
terms in section
101.
;
(4) by inserting
after paragraph (3), as redesignated by paragraph (2), the following:
(4)
Digital
literacy skills
The term digital literacy skills has
the meaning given the term in section 202 of the Museum and Library Services
Act (20 U.S.C.
9101).
;
(5) in paragraph (7),
as redesignated by paragraph (2)—
(A) in the matter
preceding subparagraph (A), by inserting an organization that has
demonstrated effectiveness in providing adult education and literacy activities
and workplace skills activities, and 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.
;
(6) in paragraph (9),
as redesignated by paragraph (2)—
(A) in the matter
preceding subparagraph (A), by striking a family and inserting
the economic prospects for a family that better enable parents to
support their children's learning needs;
(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 and literacy activities and workplace skills activities that lead to
readiness for postsecondary education or training, career advancement, and
economic self-sufficiency.
;
and
(7) by inserting
after paragraph (13), as redesignated by paragraph (2), the following:
(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.
.
(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(12) of the Adult Education and Family Literacy Act
(20 U.S.C. 9202(12)).
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:
205.
Authorization
of appropriations
There are
authorized to be appropriated to carry out this title $850,000,000 for fiscal
year 2014 and such sums as may be necessary for each succeeding fiscal
year.
.
204.
Reservation of
funds; grants to eligible agencies; allotments
Section 211(a) of the Adult Education and
Family Literacy Act (20 U.S.C. 9211(a)) is amended—
(1) in paragraph (1), by striking
$8,000,000 and inserting $15,000,000;
(2) in paragraph
(2)—
(A) by striking
1.5 percent and inserting 1.25 percent;
and
(B) by striking
$8,000,000; and inserting $12,000,000;
and;
(3) in paragraph (3),
by striking the period and inserting ; and; and
(4) by adding at the
end the following:
(4) shall reserve 12
percent to carry out section 244.
.
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 apprenticeships, or other skill training
programs.; and
(ii) by
adding at the end the following:
(iv) Attainment of
work readiness, workplace skills, and certificates that are industry-recognized
credentials described in section 101(56) 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 based on entry into employment,
retention, and earnings; 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)
Digital
literacy skills indicator
Beginning in 2015, an eligible agency
shall include a digital literacy skills indicator in its State
plan.
;
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 and
literacy activities 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)(D), the
employment performance indicator described in paragraph (2)(B), and beginning
in 2015, the digital literacy indicator described in paragraph
(2)(C).
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.
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:
(a)
Activities
(1)
Required
activities
Each eligible agency shall use funds made available
under section 222(a)(2) for the following adult education and literacy
activities and workplace 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 and literacy
activities 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 literacy activities 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 and literacy activities 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 and
literacy activities and workplace skills activities:
(A) 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 and literacy activities and workplace skills
activities, to adults enrolled in such adult education and literacy activities
and workplace skills activities.
(E) Developing
innovative content and models for integrated education and training and
sequential education and training programs.
(F) Developing
innovative content and models to foster the transition to and success in
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.
(J) Linkages with
public libraries.
(K) Other activities
that address issues of statewide
significance.
.
208.
State
plan
Section 224 of the Adult
Education and Family Literacy Act (20 U.S.C. 9224) is amended—
(1) in subsection
(a)—
(A) by redesignating
paragraph (2) as paragraph (4); and
(B) by inserting
after paragraph (1) the following:
(2)
Program
development period
Notwithstanding any other provision of this
section, an eligible agency may be eligible to receive a grant under this title
before submission of a 5-year State plan under this section if the eligible
agency is in a 1-year program development period.
(3)
Stakeholder
involvement
The 5-year State plan shall be comprehensive in
nature and developed and monitored by a planning group of all stakeholders in
the State’s adult education and workforce development system. The stakeholders
shall include—
(A) the State
agencies responsible for—
(i) the State’s
programs under this title and title I;
(ii) the State
program funded under part A of title IV of the Social Security Act (42 U.S.C.
601 et seq.);
(iii) overseeing
community colleges;
(iv) elementary and
secondary education;
(v) corrections;
(vi) economic
development;
(vii) family
literacy; and
(viii) special
services to immigrants; and
(B) representatives
of business and
labor.
;
(2) in subsection
(b)—
(A) by striking
paragraph (10) and inserting the following:
(10) a description
and strategy of how the eligible agency will develop program strategies and
coordinate services, including guidance, counseling, mentoring, and other
supports through public and private partnerships and creating transition
strategies with such elements as dual enrollment, curricular articulation, and
high intensity instruction, for populations that include, at a minimum—
(A) low-income
students;
(B) individuals with
disabilities;
(C) single parents
and displaced homemakers; and
(D) individuals with
multiple barriers to educational enhancement, including individuals with
limited English
proficiency;
;
(B) in paragraph (11), by striking
and after the semicolon;
(C) in paragraph
(12), by striking the period at the end and inserting a semicolon; and
(D) by adding at the
end the following:
(13) a description of
the knowledge and skills necessary for acceptance in postsecondary education
and training;
(14) an assurance that every local program area,
as defined by the eligible agency, served by the eligible agency has at least 1
adult education program that offers more than 1 option for earning a credential
with value in the local employment market to students who do not yet have a
secondary school diploma or its recognized equivalent and who are unlikely to
earn such diploma or equivalent in the short term, which option may include
earning the credential through a partnership that includes a community college
or job training provider and may include earning the recognized equivalent of a
secondary school degree in the process;
(15) a description of
any certification or other requirements for instructors in eligible adult
education, literacy, and workplace skills program providers in the
State;
(16) a description of
the professional development needs of adult education, literacy, and workplace
skills providers in the State;
(17) 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;
(18) a description of
how the State will carry out programs described in section 244, if the State is
receiving a grant under such section;
(19) 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;
(20) 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
(21) 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.
;
(3) 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 Center 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, and representatives of State boards or local boards; and
(B) experts in the
fields of adult education, literacy, and workplace skills;
(3) approve a State plan not later than 120
days after receiving the plan, unless the Secretary makes a written
determination, not later than 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
(4) by striking
subsections (f) and (g).
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 and sequential 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
receiving a grant under section 211(b) 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.
.
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 and sequential education and
training services, and services assisting with the transition to postsecondary
education, training, career pathways, or
employment.
.
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 eligible provider will collect data for purposes of reporting
performance measures to assess and evaluate the progress of adult education
students and
activities.
.
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
higher education, including community colleges;
(F) representatives
of State boards and local 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.
.
213.
National
Center 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 Center for Adult Education, Literacy, and
Workplace Skills;
(2) by striking
subsection (a) and inserting the following:
(a)
Purpose
The
purpose of the National Center for Adult Education, Literacy, and Workplace
Skills established under subsection (b) is to—
(1) provide national
leadership regarding adult education and family literacy;
(2) coordinate adult
education, literacy, and workplace skills services and policy;
(3) serve as a
national resource for adult education, literacy, and workplace skills programs
by—
(A) providing the
best and most accurate information available;
(B) providing
national leadership on the use of technology for adult education;
(C) supporting the
creation of new ways to offer adult education, literacy, and workplace skills
services of proven effectiveness;
(D) providing
effective practices for integrated English literacy and civics education
programs; and
(E) providing
effective practices for corrections education;
(4) collect and
disseminate information on methods of advancing education and literacy that
show great promise for adults eligible for services under this title;
(5) provide policy
and technical assistance to Federal, State, and local organizations for the
improvement of adult education, literacy, and workplace skills services;
and
(6) not later than 4
years after the date of enactment of the Adult Education and Economic Growth
Act of 2013, 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 the Workforce 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—
(A) a longitudinal
study of outcomes for adult learners served under programs under this
title;
(B) an analysis of
the adequacy of the performance measures described in section 212; and
(C) recommendations
for improved performance measures and on how to improve program
effectiveness.
;
(3) in subsection
(b)—
(A) in paragraph
(1)—
(i) in
the first sentence, by striking National Institute for Literacy (in this
section referred to as the Institute) and inserting
National Center for Adult Education, Literacy, and Workplace Skills (in
this section referred to as the Center);
(ii) in
the second sentence, by striking Institute and inserting
Center; and
(iii) in the third
sentence, by striking the Institute and inserting the
Center;
(B) in paragraph
(2)—
(i) by
striking Institute and inserting Center;
and
(ii) by
striking separate and inserting
independent;
(C) in paragraph
(3)—
(i) by
striking National Institute for Literacy Advisory Board and
inserting National Center for Adult Education, Literacy, and Workplace
Skills Advisory Board; and
(ii) by
striking the Institute and inserting the Center;
and
(D) in paragraph (4),
by striking Institute each place the term appears and inserting
Center;
(4) in subsection
(c)—
(A) in paragraph
(1)—
(i) in
the matter preceding subparagraph (A), by striking Institute
and inserting Center;
(ii) 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;
;
(iii) 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;
;
(iv) 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;
;
(v) in
subparagraph (F)(iii), by striking Institute and inserting
Center;
(vi) in
subparagraph (G), by inserting and integrated English literacy and
civics education programs after workforce investment
activities;
(vii) in subparagraph
(H), by striking and after the semicolon;
(viii) in
subparagraph (I), by striking the period and inserting a semicolon; and
(ix) by
adding at the end the following:
(J) to carry out
section 306 of the Adult Education and
Economic Growth Act of 2013; and
(K) not later than 4
years after the date of enactment of the Adult Education and Economic Growth
Act of 2013, 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 the Workforce 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
(B) in paragraph (2),
by striking Institute each place the term appears and inserting
Center;
(5) in subsection
(d), by striking Institute each place the term appears and
inserting Center;
(6) in subsection
(e)—
(A) in the heading,
by striking National
Institute for Literacy Advisory Board and inserting
National Center for Adult
Education, Literacy, and Workplace Skills Advisory
Board;
(B) in paragraph
(1)(A), by striking National Institute for Literacy Advisory
Board and inserting National Center for Adult Education,
Literacy, and Workplace Skills Advisory Board; and
(C) in paragraph (2),
by striking Institute each place the term appears and inserting
Center;
(7) in subsection
(f)—
(A) by striking
Institute each place the term appears and inserting
Center; and
(B) in paragraph (2),
by striking Institute's and inserting
Center's;
(8) in each of
subsections (g), (i), and (j), by striking Institute and
inserting Center;
(9) in subsection
(k)—
(A) by striking
Institute each place the term appears and inserting
Center; and
(B) in paragraph (1),
by striking Institute's and inserting Center's;
and
(10) in subsection
(l), by striking Institute each place the term appears and
inserting Center.
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:
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—
(1) shall include—
(A) technical
assistance, which may include—
(i) assistance to
eligible providers in developing and using certification systems, performance
measures, and data systems for the improvement of adult education and literacy
activities and workplace skills activities, including family literacy services,
transition to postsecondary education or career pathways, corrections
education, and integrated English literacy and civics education
programs;
(ii) 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 and literacy activities
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
(iii) assistance in
distance learning and promoting and improving the use of technology in the
classroom; and
(B) program
evaluation and data collection and reporting; and
(2) may
include—
(A) national
demonstration projects for improving adult education, literacy, and workplace
skills services, which may include projects that—
(i) accelerate
learning outcomes for adult learners with the lowest literacy levels;
(ii) promote career
pathways;
(iii) allow dual
enrollment in adult secondary education and credit bearing postsecondary
coursework;
(iv) provide
integrated education and training and sequential education and training
services;
(v) build capacity to
enhance the intensity of adult education, literacy, and workplace skills
services;
(vi) establish
partnerships to improve the quality of and expand adult education, literacy,
and workplace skills services to more adults;
(vii) provide
professional development opportunities to adult education, literacy, and
workplace skills service providers;
(viii) develop new
curricula and methods of instruction that improve learning outcomes in adult
education, literacy, and workplace skills programs;
(ix) provide
integrated English literacy and civics education program instruction;
and
(x) provide
corrections education; and
(B) dissemination of
the results and best practices identified in the national demonstration
projects described in subparagraph
(A).
.
215.
Integrated
English literacy and civics education programs
(a)
In
general
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:
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.
.
(b)
Table of
contents
The table of contents in section 1(b) of the Workforce
Investment Act of 1998 is amended by inserting after the item relating to
section 243 the following:
Sec. 244. Integrated English
literacy and civics education
programs.
.
III
21st Century
Technology and Skills for Adult Learners
301.
Purposes
The purposes of this title are the
following:
(1) To expand access
to adult education services and bring about cost efficiencies through increased
use of technology and the development of a national web portal.
(2) To provide
professional development for providers of adult education, literacy, and
workplace skills services so that the providers 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 for adult learners; 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 digital literacy skills.
302.
Definitions
In this title:
(1)
Adult Education
and Family Literacy Act terms
The terms adult education,
eligible agency, eligible provider,
literacy, Secretary, State, and
workplace skills have the meanings given the terms in section
203 of the Adult Education and Family Literacy Act (20 U.S.C. 9202).
(2)
Center
The term Center means the
National Center for Adult Education, Literacy, and Workplace Skills established
under section 242 of the Adult Education and Family Literacy Act (20 U.S.C.
9252).
(3)
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).
(4)
Digital
literacy skills
The term
digital literacy skills has the meaning given the term in section
202 of the Museum and Library Services Act (20 U.S.C. 9101).
303.
Reservation of
funds and allotments
(a)
Reservation of
funds
From the amounts appropriated under section 307 for a
fiscal year, the Secretary shall reserve 3 percent or $7,500,000, whichever
amount is less, to carry out section 306.
(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 amounts 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; ratable reduction
No eligible agency shall receive an
allotment under paragraph (1) for a fiscal year in an 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 to all States, the amount of
such minimum allotments shall be ratably reduced.
304.
Grants to
eligible agencies
(a)
Authorization
of grants
The Secretary shall award grants to eligible agencies
from allotments under section 303(b) to enable the eligible agencies to carry
out subsection (c) and award subgrants or contracts under section 305.
(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 adults 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 in accordance with
subsection (c)(2).
(F) A description of
the performance benchmarks to be used to evaluate the activities supported
under the grant, 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) Implementing a
statewide technology plan for the adult education system, including—
(A) providing
professional development for adult education, literacy, and workplace skills
service providers;
(B) providing access
to curricula, instruction, and assessment for adult learners and eligible
providers;
(C) supporting the
development of curricula and assessment tools for adult education, literacy,
and workplace skills service providers; and
(D) providing
guidance and technical assistance to eligible providers.
(2) Supporting
innovative pilot projects such as the use of assistive technology to deliver
content to adult learners.
305.
Subgrants and
contracts to eligible providers
(a)
Authorization
of subgrants and contracts
An eligible agency that receives a
grant under this title shall award subgrants or contracts to eligible providers
to carry out activities described in this section.
(b)
Eligible
provider application
An eligible provider that desires to receive
a subgrant or contract under this section 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 subgrant or contract under this section shall
carry out 1 or more of 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 digital literacy skills.
(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 include—
(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 digital
literacy skills 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.
306.
National Adult
Learning and Technology Clearinghouse
(a)
In
general
The Center shall
establish and maintain the National Adult Learning and Technology Resource
Clearinghouse (referred to in this section as the
Clearinghouse).
(b)
Duties of the
Clearinghouse
The Clearinghouse shall—
(1) develop and
disseminate frameworks for technology-based learning and professional
development materials for adult education, literacy, and workplace
skills;
(2) develop and
disseminate frameworks for performance measures for digital literacy
skills;
(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 Center.
307.
Authorization
of appropriations
There are
authorized to be appropriated to carry out this title, $250,000,000 for fiscal
year 2014 and such sums as may be necessary for each succeeding fiscal
year.
IV
Research in
adult education
401.
Research in
adult education
(a)
In
general
Subparagraph (A) of section 133(c)(2) of the Education
Sciences Reform Act of 2002 (20 U.S.C. 9533(c)(2)(A)) is amended to read as
follows:
(A) Adult education,
literacy, and workplace
skills.
.
(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 and workplace skills, in accordance with
the amendment made by subsection (a).
V
Employer
incentives
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:
45S.
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 or English language training leading to a nationally recognized
certificate of proficiency, or in workplace skills leading to an
industry-recognized credential described in section 101(56) of the Workforce
Investment Act of 1998 that is nationally recognized.
(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
(35), by striking the period at the end of paragraph (36) and inserting
, plus, and by adding at the end the following new
paragraph:
(37) the employer
educational assistance program credit determined under section
45S(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. 45S. 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, 2013.