Public Law 102–73

much too little is known about how to improve access to, and enhance the effectiveness of, adult literacy programs, assessment tools, and evaluation efforts;

there is neither a reliable nor a central source of information about the knowledge base in the area of literacy;

a national institute for literacy would—

in the second sentence of subsection (a), by inserting after “shall include” the following: “the operation of the Institute established by subsection (c) and”; and

by adding at the end the following:

There is established the National Institute for Literacy (in this section referred to as the 'Institute'). The Institute shall be administered under the terms of an interagency agreement entered into by the Secretary with the Secretary of Labor and the Secretary of Health and Human Services (in this section referred to as the 'Interagency Group'). The head of any other agency designated by the President may be involved in the operation of the Institute as fits the involvement of such agency in accomplishing the purposes of the Institute. The Secretary may include in the Institute any research and development center supported under section 405(d)(4)(A)(ii) of the General Education Provisions Act and any other center, institute, or clearinghouse established within the Department of Education whose purpose is determined by the Secretary to be related to the purpose of the Institute.

The Institute shall have offices separate from the offices of any agency or department involved in the operation of the Institute.

The Interagency Group shall consider the Board's recommendations in planning the goals of the Institute and in the implementation of any programs to achieve such goals. The daily operations of the Institute shall be carried out by the Director. If the Board's recommendations are not followed, the Interagency Group shall provide a written explanation to the Board concerning actions the Interagency Group has taken that includes the Interagency Group's reasons for not following the Board's recommendations with respect to such actions. The Board may also request a meeting with the Interagency Group to discuss the Board's recommendations.

The Institute is authorized, in order to improve and expand the system for delivery of literacy services, to—

The Institute may enter into contracts or cooperative agreements with, or make grants to, individuals, public or private nonprofit institutions, agencies, organizations, or consortia of such institutions, agencies, or organizations to carry out the activities of the Institute. Such grants, contracts, or agreements shall be subject to the laws and regulations that generally apply to grants, contracts, or agreements entered into by Federal agencies.

The Institute is, in consultation with the Board, authorized to award fellowships, with such stipends and allowances that the Director considers necessary, to outstanding individuals pursuing careers in adult education or literacy in the areas of instruction, management, research, or innovation.

Fellowships awarded under this subsection shall be used, under the auspices of the Institute, to engage in research, education, training, technical assistance, or other activities to advance the field of adult education or literacy, including the training of volunteer literacy providers at the national. State, or local level.

Individuals receiving fellowships pursuant to this subsection shall be known as 'Literacy Leader Fellows'.

The Board shall—

The Interagency Group may carry out the duties of the Board until the expiration of the 180-day period beginning on the date of the enactment of the National Literacy Act of 1991.

Except as otherwise provided, the Board established by this subsection shall be subject to the provisions of the Federal Advisory Committee Act.

A majority of the members of the Board shall constitute a quorum but a lesser number may hold hearings. Any recommendation may be passed only by a majority of its members present.

The Chairperson and Vice Chairperson of the Board shall be elected by the members. The term of office of the Chairperson and Vice Chairperson shall be 2 years.

The Board shall meet at the call of the Chairperson or a majority of its members.

a comprehensive and detailed description of the Institute's operations, activities, financial condition, and accomplishments in the field of literacy for such fiscal year;

a description of how plans for the operation of the Institute for the succeeding fiscal year will facilitate achievement of the goals of the Institute and the goals of the literacy programs within the Department of Education, the Department of Labor, and the Department of Health and Human Services; and

any additional minority, or dissenting views submitted by members of the Board.

There are authorized to be appropriated for purposes of operating the Institute established by subsection (c) $15,000,000 for each of the fiscal years 1992, 1993, 1994, and 1995.

Any amounts appropriated to the Secretary, the Secretary of Labor, the Secretary of Health and Human Services, or any other department that participates in the Institute for purposes that the Institute is authorized to perform under this section may be provided to the Institute for such purposes.”.

develop and implement a plan for providing small- and medium-sized businesses with the technical assistance required to address the literacy needs of their workforce;

monitor the development of workforce literacy training programs and identify best practices and successful small- and medium-sized business program models;

inform businesses and unions of research findings and best practices regarding exemplary curricula, instructional techniques, training models, and the use of technology as a training tool in the workplace;

provide technical assistance to help businesses assess individual worker literacy skill needs, implement workforce literacy training programs, and evaluate training program effectiveness;

promote cooperation and coordination among State and local agencies and the private sector to obtain maximum uses of existing literacy and basic skills training resources;

conduct regional and State small business workforce literacy meetings to increase program effectiveness and accountability;

establish cooperative arrangements with the National Institute for Literacy and other centers involved in literacy and basic skills research and development activities; and

prepare and produce written and video materials necessary to support technical assistance and information dissemination efforts.

in paragraph (1), by inserting after “Secretary” the following: “, in consultation with the Secretary of Labor and the Administrator of the Small Business Administration,”;

in subparagraph (B) of paragraph (2)—

by adding at the end the following:

in paragraph (1), by striking “subsection (c)” and inserting “subsection (e)”;

in subparagraph (B) of paragraph (2)—

in paragraph (7), by amending subparagraph (B) to read as follows:

by amending paragraph (1) to read as follows:

“(1)“(1)

Grants to States under this subpart shall be used in

Grants.

accordance with State plans (and amendments thereto) approved under sections 341 and 351, to pay the Federal share of the cost of the establishment or expansion of adult education programs to be carried out by local educational agencies, correctional education agencies, community-based organizations, public or private nonprofit agencies, postsecondary educational institutions, and other institutions that have the ability to provide literacy services to adults and families. Each State educational agency receiving financial assistance under this subpart shall provide assurance that local educational agencies, public or private nonprofit agencies, community-based organizations, correctional education agencies, postsecondary educational institutions, and institutions which serve educationally disadvantaged adults will be provided direct and equitable access to all Federal funds provided under this subpart. Failure to provide the assurance required by the preceding sentence shall disqualify a State from receiving its allotment under this title. In determining which programs shall receive assistance under this paragraph, the State shall consider—

“(A)“(A)

the past effectiveness of applicants in providing services (especially with respect to recruitment and retention of educationally disadvantaged adults and the learning gains demonstrated by such adults);

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“(B)“(B)

the degree to which the applicant will coordinate and utilize other literacy and social services available in the community; and

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“(C)“(C)

the commitment of the applicant to serve individuals in the community that are most in need of literacy services.”;

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in paragraph (3)—

in paragraph (4)—

by redesignating paragraphs (3) and (4) (as amended by paragraphs (2) and (3) of this subsection) as paragraphs (4) and (5), respectively; and

by inserting after paragraph (2) the following:

“(3)“(3)

(A)(A)

Grants to States provided under this section shall also be used for competitive 2-year grants to public housing authorities for literacy programs and related activities. Any public housing authority that receives a grant under this subparagraph shall consult with local adult education providers in conducting programs and activities with assistance provided under the grant. Any grant provided under this subparagraph shall be referred to as a 'Gateway Grant'.

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“(B)“(B)

The Secretary shall, not less often than every 2 years,

Reports.

evaluate any grants made under this paragraph and report the results of such evaluation to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate.”.

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by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

by inserting after paragraph (1) the following:

“(2)“(2)

within 2 years of the enactment of the National Literacy Act of 1991, the development and implementation, in consultation with a widely representative group of appropriate experts, educators, and administrators, of indicators of program quality to be used to evaluate programs assisted under this title, as required by section 352, to determine whether such programs are effective, including whether such programs are successfully recruiting, retaining, and improving the literacy skills of the individuals served in such programs;'.

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The heading for section 332 of the Adult Education Act is amended to read as follows:

by amending paragraph (1) to read as follows:

“(1)“(1)

describe and provide for the fulfillment of the literacy needs of individuals in the State;”;

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by striking paragraph (9);

by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively;

by inserting after paragraph (1) the following:

“(2)“(2)

set forth measurable goals for improving literacy levels, retention in literacy programs, and long-term learning gains of individuals in the State and describe a comprehensive approach for achieving such goals, including the development of indicators of program quality as required by section 331(a)(2);”;

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in paragraph (4) (as redesignated by paragraph (3) of this section)—

by striking “and” at the end of paragraph (12);

by striking the period at the end of paragraph (13) and inserting a semicolon; and

by adding at the end the following:

“(14)“(14)

report the amount of administrative funds spent on program improvements; and

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“(15)“(15)

contain assurances that financial assistance provided pursuant to this title shall be used to assist and expand existing programs and to develop new programs for adults whose lack of basic skills—

“(A)“(A)

renders them unemployable;

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“(B)“(B)

keeps them, whether employed or unemployed, from functioning independently in society; and

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“(C)“(C)

severely reduces their ability to have a positive effect on the literacy of their children.”.

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in paragraph 1—

in paragraph (2)—

Subsection (a) of section 353 of the Adult Education Act (20 U.S.C. 1208(a)) is amended—

Section 353 of the Adult Education Act (as amended by paragraph (1) of this subsection) (20 U.S.C. 1208) is amended—

The Secretary is authorized, subject to the availability of appropriations, to enter into a contract with the Corporation for Public Broadcasting to arrange for the production and dissemination of family literacy programming and accompanying materials which would assist parents in improving family literacy skills and language development. In producing and developing such programming, the Corporation for Public Broadcasting shall work in cooperation with local public broadcasting stations to avoid duplication of efforts.

After the program described in paragraph (1) is produced, the Corporation for Public Broadcasting shall arrange to have audio and video instructional media materials for distribution at sites chosen from among—

The audio and video instructional media materials described in paragraph (2) shall be used at sites described in paragraph (2), and on a loan basis, distributed to families.

One year after distribution of the audio and video instructional media materials, the Corporation for Public Broadcasting shall report to the Congress on the distribution and use of the audio and video instructional media materials produced pursuant to this subsection and such audio and video instructional media materials' contribution in promoting literacy.

private employers employing commercial drivers in partnership with agencies, colleges, or universities described in paragraph (2);

local educational agencies, State educational agencies, colleges, universities, or community colleges;

approved apprentice training programs; and

labor organizations, the memberships of which include commercial drivers.

striking “and” at the end of paragraph (2);

by redesignating paragraph (3) as paragraph (4); and

by inserting after paragraph (2) the following:

“(3)“(3)

in the fiscal year 1991 and each succeeding fiscal year,

Children and youth.

the contractor will give priority in the selection of additional local programs to programs and projects which serve children and students with special needs including, at a minimum—

“(A)“(A)

low-income children (particularly such children in high poverty areas);

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“(B)“(B)

children at risk for school failure;

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“(C)“(C)

children with disabilities;

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“(D)“(D)

emotionally disturbed children;

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“(E)“(E)

foster children;

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“(F)“(F)

homeless children;

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“(G)“(G)

migrant children;

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“(H)“(H)

children without access to libraries;

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“(I)“(I)

institutionalized or incarcerated children; and

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“(J)“(J)

children whose parents are institutionalized or incarcerated; and”.

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To qualify for funding under subsection (d), each functional literacy program shall—

The requirement of paragraph (1)(B) shall not apply to a person who—

Within 90 days after the close of the first calendar year in which a literacy program authorized by subsection (a) is placed in operation, and annually for each of the 4 years thereafter, the chief correction officer of each State correctional system shall submit a report to the Attorney General with respect to its literacy program.

A report under paragraph (1) shall disclose—

The Attorney General shall make grants to State correctional agencies who elect to establish a program described in subsection (a) for the purpose of assisting in carrying out the programs, developing the plans, and submitting the reports required by this section.

A State corrections agency is eligible to receive a grant under this subsection if the agency agrees to provide to the Attorney General—

There are authorized to be appropriated for purposes of carrying

Appropriation authorization.

out this section $10,000,000 for fiscal year 1992, $15,000,000 for fiscal year 1993, $20,000,000 for fiscal year 1994, and $25,000,000 for fiscal year 1995.

in subsection (a), by striking “The” and inserting “Subject to subsection (d), the”; and

by adding at the end the following:

Program Authorized.—

Part C of title I of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4991 et seq.) is amended by adding at the end the following:

describe the activities for which assistance is sought,

contain assurances that the eligible organization will provide from non-Federal sources the non-Federal share of the cost of the program or project,

provide assurances, satisfactory to the Director, that the literacy project will be operated in cooperation with other public and private agencies and organizations interested in, and qualified to, combat illiteracy in the community where the project is to be conducted, and

contain such other information and assurances as the Director may reasonably require.

The Federal share of the cost of a program or project administered by a nonprofit or community-based organization shall not exceed—

The non-Federal share provided by a public agency or a nonprofit or community-based organization may be provided in cash, or in kind, fairly evaluated, and may include the use of plant, equipment, and services.”.

Conforming Amendment.—

The table of contents contained in the first section of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 note) is amended by inserting after the item relating to section 124 the following new item.

by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;

by inserting “(1)” after the subsection designation; and

by inserting at the end the following:

by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and

by inserting after paragraph (2) the following:

“(3)“(3)

Competitive Grants.—

(A)(A)

From amounts appropriated for purposes of carrying out this section, the Secretary shall reserve an amount equal to the amount described in subparagraph (B) for purposes of making competitive grants to local educational agencies in Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands. The Secretary shall make such grants according to the recommendations of the Pacific Regional Laboratory in Honolulu, Hawaii, which shall conduct a competition for such grants.

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“(B)“(B)

The amount described in this subparagraph is the portion of the aggregate amount reserved in the fiscal year 1989 under sections 1005(a), 1291, 1404, 1405(a)(2)(A), and 1405(a)(2)(B) for the Trust Territory of the Pacific Islands that was attributable to the Republic of the Marshall Islands and the Federated States of Micronesia.

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“(C)“(C)

Subject to subparagraph (D), grants awarded under this paragraph may only be used for—

“(i)“(i)

activities consistent with the purposes of—

“(I)“(I)

title I;

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“(II)“(II)

the Adult Education Act;

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“(III)“(III)

the Education of the Handicapped Act;

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“(IV)“(IV)

the Library Services and Construction Act; or

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“(V)“(V)

the Dwight D. Eisenhower Mathematics and Science Education Act;

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“(ii)“(ii)

teacher training;

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“(iii)“(iii)

curriculum development;

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“(iv)“(iv)

instructional materials; or

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“(v)“(v)

general school improvement and reform.

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“(D)“(D)

Grants awarded under this paragraph may only be used to provide direct educational services.

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“(E)“(E)

The Secretary shall provide 5 percent of amounts made available for grants under this paragraph to pay the administrative costs of the Pacific Regional Laboratory with respect to the program under this paragraph.”.

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in sections 312(7) and 371(b)(7)(B)(i) (20 U.S.C. 1201a(7) and 1211(b)(7)(B)(i)) by striking “the Trust Territory of the Pacific Islands” and inserting “Palau (until the Compact of Free Association with Palau takes effect pursuant to section 101(a) of Public Law 99–658)”; and

in sections 313(b) and 361(a) (20 U.S.C. 1201b(b) and 1209a(a)) by striking “and the Trust Territory of the Pacific Islands” and inserting “the Federated States of Micronesia, the Republic of the Marshall Islands, and Palau”.

section 602(a)(6) (20 U.S.C. 1401(a)(6)) by striking “or the Trust Territory of the Pacific Islands” and inserting “or Palau (until the Compact of Free Association with Palau takes effect pursuant to section 101(a) of Public Law 99–658)”;

section 611(a)(2) (20 U.S.C. 1411(a)(2)) by striking “and the Trust Territory of the Pacific Islands” and inserting “the Federated States of Micronesia, the Republic of the Marshall Islands, and Palau”; and

section 611(e)(1) (20 U.S.C. 1411(e)(1)) by striking “and the Trust Territory of the Pacific Islands” and inserting “the Federated States of Micronesia, the Republic of the Marshall Islands, and Palau (until the Compact of Free Association with Palau takes effect pursuant to section 101(a) of Public Law 99–658)”.

section 3(g) (20 U.S.C. 351a(g)) by striking “or the Trust Territory of the Pacific Islands” and inserting “Palau (until the Compact of Free Association with Palau takes effect pursuant to section 101(a) of Public Law 99–658)”;

section 5(a)(3) (20 U.S.C. 351c(a)(3)) by striking “and the Trust Territory of the Pacific Islands” each place such term appears and inserting “Palau (until the Compact of Free Association with Palau takes effect pursuant to section 101(a) of Public Law 99–658)”;

section 7(a) (20 U.S.C. 351e(a)) by striking “the Trust Territory of the Pacific Islands” and inserting “Palau (until the Compact of Free Association with Palau takes effect pursuant to section 101(a) of Public Law 99–658)”; and

section 7(b) (20 U.S.C. 351e(b)) by striking “and the Trust Territory of the Pacific Islands” each place such term appears and inserting “the Commonwealth of the Northern Mariana Islands and Palau (until the Compact of Free Association with Palau takes effect pursuant to section 101(a) of Public Law 99- 658)”.