Adult Education and Economic Growth Act of 2009 - Amends the Workforce Investment Act of 1988 to revise requirements for statewide and local workforce investment systems to include adult education activities.
Revises member composition of: (1) state workforce investment boards to include state representatives responsible for implementing adult education, literacy, and workplace skills programs under the Adult Education and Family Literacy Act (AEFLA); and (2) youth councils established by local workforce investment boards to include representatives of adult education.
Revises requirements for five-year state and local worker investment plans.
Authorizes the use of funds for: (1) statewide and local youth activities to provide opportunities for career pathways for eligible youth as well as dual enrollment opportunities; and (2) training services for local adult and dislocated workers to include integration of adult education and training.
Requires the Secretary to carry out specified employment and training demonstration and pilot projects.
Amends the AEFLA to include among adult education and literacy services programs activities to assist adults with limited English proficiency through postsecondary education and training to improve their English and mathematical skills and to acquire an understanding of the American system of government and responsibilities of citizenship.
Revises requirements for the allocation and reservation of AEFLA funds.
Revises state distribution requirements with respect to grants and contracts to eligible providers of activities for adult education and literacy and corrections education of institutionalized individuals.
Expands an eligible agency's use of funds for corrections education and education for other institutionalized individuals to include academic programs for: (1) integrated education and training; (2) career pathways; (3) dual enrollment; and (4) preparation for postsecondary education and training.
Replaces the National Institute for Literacy with the National Institute for Adult Education, Literacy, and Workplace Skills (Institute).
Requires national leadership activities to include activties to improve workplace skills programs nationwide.
Requires the Secretary of Education to allocate grants to states for integrated English literacy and civics education programs.
Requires the Secretary to award grants to assist states in developing a 21st century delivery system for adult education, literacy, and workplace skills services as well as adults in developing technology literacy.
Requires the Institute to establish the National Adult Learning and Technology Resource Center.
Requires the Secretary of Education to direct the Commissioner for Education Research of the National Center for Education Research to establish a national research and development center for adult education, literacy, and workplace skills.
Amends the Internal Revenue Code to allow an employer educational assistance program credit for 50% of the qualified educational assistance expenses (up to $5,250) paid per taxable year on behalf of an employee.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3238 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 3238
To increase access to adult education to provide for economic growth.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 16, 2009
Mr. Kennedy (for himself and Mr. Hinojosa) introduced the following
bill; which was referred to the Committee on Education and Labor, and
in addition to the Committee on Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To increase access to adult education to provide for economic growth.
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 age 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 U.S. 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, one in every 100 U.S. adults 16 and older is in
prison or jail in America. About 43 percent do not have a high
school diploma or equivalent, and 56 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 11 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;
``(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 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
``(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:
``(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--
``(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 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:
``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.
<all>
Introduced in House
Introduced in House
Referred to House Education and Labor
Referred to the Committee on Education and Labor, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Ways and Means
Sponsor introductory remarks on measure. (CR H8417-8418)
Referred to the Subcommittee on Higher Education, Lifelong Learning, and Competitiveness.
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