US (United States) Code. Title 20. Chapter 73: Adult education and literacy

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Education

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-CITE-

20 USC CHAPTER 73 - ADULT EDUCATION AND LITERACY 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 73 - ADULT EDUCATION AND LITERACY

.

-HEAD-

CHAPTER 73 - ADULT EDUCATION AND LITERACY

-MISC1-

SUBCHAPTER I - ADULT EDUCATION AND FAMILY LITERACY

Sec.

9201. Purpose.

9202. Definitions.

9203. Home schools.

9204. Authorization of appropriations.

PART A - ADULT EDUCATION AND LITERACY PROGRAMS

SUBPART 1 - FEDERAL PROVISIONS

9211. Reservation of funds; grants to eligible agencies;

allotments.

(a) Reservation of funds.

(b) Grants to eligible agencies.

(c) Allotments.

(d) Qualifying adult.

(e) Special rule.

(f) Hold-harmless.

(g) Reallotment.

9212. Performance accountability system.

(a) Purpose.

(b) Eligible agency performance measures.

(c) Report.

SUBPART 2 - STATE PROVISIONS

9221. State administration.

9222. State distribution of funds; matching requirement.

(a) State distribution of funds.

(b) Matching requirement.

9223. State leadership activities.

(a) In general.

(b) Collaboration.

(c) State-imposed requirements.

9224. State plan.

(a) 5-year plans.

(b) Plan contents.

(c) Plan revisions.

(d) Consultation.

(e) Peer review.

(f) Plan approval.

(g) Transition.

9225. Programs for corrections education and other

institutionalized individuals.

(a) Program authorized.

(b) Uses of funds.

(c) Priority.

(d) Definitions.

SUBPART 3 - LOCAL PROVISIONS

9241. Grants and contracts for eligible providers.

(a) Grants and contracts.

(b) Required local activities.

(c) Direct and equitable access; same process.

(d) Special rule.

(e) Considerations.

9242. Local application.

9243. Local administrative cost limits.

(a) In general.

(b) Special rule.

SUBPART 4 - GENERAL PROVISIONS

9251. Administrative provisions.

(a) Supplement not supplant.

(b) Maintenance of effort.

9252. National Institute for Literacy.

(a) Purpose.

(b) Establishment.

(c) Duties.

(d) Literacy leadership.

(e) National Institute for Literacy Advisory Board.

(f) Gifts, bequests, and devises.

(g) Mails.

(h) Staff.

(i) Applicability of certain civil service laws.

(j) Experts and consultants.

(k) Report.

(l) Funding.

9253. National leadership activities.

SUBCHAPTER II - GENERAL PROVISIONS

9271. State unified plan.

(a) ''Appropriate Secretary'' defined.

(b) State unified plan.

(c) Requirements.

(d) Approval by appropriate Secretaries.

9272. Definitions for indicators of performance.

(a) In general.

(b) Representatives.

9273. Incentive grants.

(a) In general.

(b) Application.

(c) Amount.

(d) Expected levels of performance as consideration.

9274. Privacy.

(a) Effect on privacy protections.

(b) Prohibition on development of national database.

9275. Buy-American requirements.

(a) Compliance with Buy American Act.

(b) Sense of the Congress; requirement regarding

notice.

(c) Prohibition of contracts with persons falsely

labeling products as made in America.

9276. Transition provisions.

(a) Workforce investment systems.

(b) Adult education and literacy programs.

(c) Regulations.

(d) Expenditure of funds during transition.

(e) Reorganization.

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20 USC SUBCHAPTER I - ADULT EDUCATION AND FAMILY LITERACY 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 73 - ADULT EDUCATION AND LITERACY

SUBCHAPTER I - ADULT EDUCATION AND FAMILY LITERACY

.

-HEAD-

SUBCHAPTER I - ADULT EDUCATION AND FAMILY LITERACY

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 6311, 6363, 6367,

6381a, 6381d, 6381e, 6381j, 9271, 9272, 9273, 9275, 9276 of this

title; title 29 sections 2822, 2841, 2864; title 42 section 3013.

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20 USC Sec. 9201 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 73 - ADULT EDUCATION AND LITERACY

SUBCHAPTER I - ADULT EDUCATION AND FAMILY LITERACY

-HEAD-

Sec. 9201. Purpose

-STATUTE-

It is the purpose of this subchapter to create a partnership

among the Federal Government, States, and localities to provide, on

a voluntary basis, adult education and literacy services, in order

to -

(1) assist adults to become literate and obtain the knowledge

and skills necessary for employment and self-sufficiency;

(2) assist adults who are parents to obtain the educational

skills necessary to become full partners in the educational

development of their children; and

(3) assist adults in the completion of a secondary school

education.

-SOURCE-

(Pub. L. 105-220, title II, Sec. 202, Aug. 7, 1998, 112 Stat.

1059.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in text, was in the original ''this

title'', meaning title II of Pub. L. 105-220, Aug. 7, 1998, 112

Stat. 1059, known as the Adult Education and Family Literacy Act.

For complete classification of title II to the Code, see Short

Title note set out below and Tables.

-MISC2-

EFFECTIVE DATE

Pub. L. 105-220, title V, Sec. 507, Aug. 7, 1998, 112 Stat. 1247,

provided that: ''Except as otherwise provided in this Act (see

Tables for classification), this Act and the amendments made by

this Act, shall take effect on the date of the enactment of this

Act (Aug. 7, 1998).''

SHORT TITLE

Pub. L. 105-220, Sec. 1(a), Aug. 7, 1998, 112 Stat. 936, provided

that: ''This Act (see Tables for classification) may be cited as

the 'Workforce Investment Act of 1998'.''

Pub. L. 105-220, title II, Sec. 201, Aug. 7, 1998, 112 Stat.

1059, provided that: ''This title (enacting this subchapter,

amending sections 6362, 6365, 6366, 6813, and 7881 of this title

and section 3013 of Title 42, The Public Health and Welfare, and

repealing sections 1201 to 1213d of this title and provisions set

out as notes under sections 1201, 1213c, 2963, and 2966 of this

title) may be cited as the 'Adult Education and Family Literacy

Act'.''

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20 USC Sec. 9202 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 73 - ADULT EDUCATION AND LITERACY

SUBCHAPTER I - ADULT EDUCATION AND FAMILY LITERACY

-HEAD-

Sec. 9202. Definitions

-STATUTE-

In this subchapter:

(1) Adult education

The term ''adult education'' means services or instruction

below the postsecondary level for individuals -

(A) who have attained 16 years of age;

(B) who are not enrolled or required to be enrolled in

secondary school under State law; and

(C) who -

(i) lack sufficient mastery of basic educational skills to

enable the individuals to function effectively in society;

(ii) do not have a secondary school diploma or its

recognized equivalent, and have not achieved an equivalent

level of education; or

(iii) are unable to speak, read, or write the English

language.

(2) Adult education and literacy activities

The term ''adult education and literacy activities'' means

activities described in section 9241(b) of this title.

(3) Educational service agency

The term ''educational service agency'' means a regional public

multiservice agency authorized by State statute to develop and

manage a service or program, and to provide the service or

program to a local educational agency.

(4) Eligible agency

The term ''eligible agency'' means the sole entity or agency in

a State or an outlying area responsible for administering or

supervising policy for adult education and literacy in the State

or outlying area, respectively, consistent with the law of the

State or outlying area, respectively.

(5) Eligible provider

The term ''eligible provider'' means -

(A) a local educational agency;

(B) a community-based organization of demonstrated

effectiveness;

(C) a volunteer literacy organization of demonstrated

effectiveness;

(D) an institution of higher education;

(E) a public or private nonprofit agency;

(F) a library;

(G) a public housing authority;

(H) a nonprofit institution that is not described in any of

subparagraphs (A) through (G) and has the ability to provide

literacy services to adults and families; and

(I) a consortium of the agencies, organizations,

institutions, libraries, or authorities described in any of

subparagraphs (A) through (H).

(6) English literacy program

The term ''English literacy program'' means a program of

instruction designed to help individuals of limited English

proficiency achieve competence in the English language.

(7) Family literacy services

The term ''family literacy services'' means services that are

of sufficient intensity in terms of hours, and of sufficient

duration, to make sustainable changes in a family, and that

integrate all of the following activities:

(A) Interactive literacy activities between parents and their

children.

(B) Training for parents regarding how to be the primary

teacher for their children and full partners in the education

of their children.

(C) Parent literacy training that leads to economic

self-sufficiency.

(D) An age-appropriate education to prepare children for

success in school and life experiences.

(8) Governor

The term ''Governor'' means the chief executive officer of a

State or outlying area.

(9) Individual with a disability

(A) In general

The term ''individual with a disability'' means an individual

with any disability (as defined in section 12102 of title 42).

(B) Individuals with disabilities

The term ''individuals with disabilities'' means more than

one individual with a disability.

(10) Individual of limited English proficiency

The term ''individual of limited English proficiency'' means an

adult or out-of-school youth who has limited ability in speaking,

reading, writing, or understanding the English language, and -

(A) whose native language is a language other than English;

or

(B) who lives in a family or community environment where a

language other than English is the dominant language.

(11) Institution of higher education

The term ''institution of higher education'' has the meaning

given the term in section 1001 of this title.

(12) Literacy

The term ''literacy'' means an individual's ability to read,

write, and speak in English, compute, and solve problems, at

levels of proficiency necessary to function on the job, in the

family of the individual, and in society.

(13) Local educational agency

The term ''local educational agency'' has the meaning given the

term in section 7801 of this title.

(14) Outlying area

The term ''outlying area'' has the meaning given the term in

section 2801 of title 29.

(15) Postsecondary educational institution

The term ''postsecondary educational institution'' means -

(A) an institution of higher education that provides not less

than a 2-year program of instruction that is acceptable for

credit toward a bachelor's degree;

(B) a tribally controlled community college; or

(C) a nonprofit educational institution offering certificate

or apprenticeship programs at the postsecondary level.

(16) Secretary

The term ''Secretary'' means the Secretary of Education.

(17) State

The term ''State'' means each of the several States of the

United States, the District of Columbia, and the Commonwealth of

Puerto Rico.

(18) Workplace literacy services

The term ''workplace literacy services'' means literacy

services that are offered for the purpose of improving the

productivity of the workforce through the improvement of literacy

skills.

-SOURCE-

(Pub. L. 105-220, title II, Sec. 203, Aug. 7, 1998, 112 Stat. 1060;

Pub. L. 105-244, title I, Sec. 102(d)(2), Oct. 7, 1998, 112 Stat.

1622; Pub. L. 105-277, div. A, Sec. 101(f) (title VIII, Sec.

404(a)), Oct. 21, 1998, 112 Stat. 2681-337, 2681-416; Pub. L.

107-110, title X, Sec. 1076(s), Jan. 8, 2002, 115 Stat. 2092.)

-MISC1-

AMENDMENTS

2002 - Par. (13). Pub. L. 107-110 substituted ''section 7801''

for ''section 8801''.

1998 - Pub. L. 105-277 made technical amendment to reference in

original act which appears in text as reference to this subchapter.

Par. (11). Pub. L. 105-244 substituted ''section 1001'' for

''section 1141''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of this title.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9241, 9273 of this title;

title 29 section 2801.

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20 USC Sec. 9203 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 73 - ADULT EDUCATION AND LITERACY

SUBCHAPTER I - ADULT EDUCATION AND FAMILY LITERACY

-HEAD-

Sec. 9203. Home schools

-STATUTE-

Nothing in this subchapter shall be construed to affect home

schools, or to compel a parent engaged in home schooling to

participate in an English literacy program, family literacy

services, or adult education.

-SOURCE-

(Pub. L. 105-220, title II, Sec. 204, Aug. 7, 1998, 112 Stat. 1062;

Pub. L. 105-277, div. A, Sec. 101(f) (title VIII, Sec. 404(a)),

Oct. 21, 1998, 112 Stat. 2681-337, 2681-416.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-277 made technical amendment to reference in

original act which appears in text as reference to this subchapter.

-CITE-

20 USC Sec. 9204 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 73 - ADULT EDUCATION AND LITERACY

SUBCHAPTER I - ADULT EDUCATION AND FAMILY LITERACY

-HEAD-

Sec. 9204. Authorization of appropriations

-STATUTE-

There is authorized to be appropriated to carry out this

subchapter such sums as may be necessary for each of the fiscal

years 1999 through 2003.

-SOURCE-

(Pub. L. 105-220, title II, Sec. 205, Aug. 7, 1998, 112 Stat. 1062;

Pub. L. 105-277, div. A, Sec. 101(f) (title VIII, Sec. 404(a)),

Oct. 21, 1998, 112 Stat. 2681-337, 2681-416.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-277 made technical amendment to reference in

original act which appears in text as reference to this subchapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9211 of this title.

-CITE-

20 USC Part A - Adult Education and Literacy Programs 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 73 - ADULT EDUCATION AND LITERACY

SUBCHAPTER I - ADULT EDUCATION AND FAMILY LITERACY

Part A - Adult Education and Literacy Programs

.

-HEAD-

Part A - Adult Education and Literacy Programs

-COD-

CODIFICATION

This part was, in the original, designated subtitle A of title II

of Pub. L. 105-220 and has been redesignated part A of this

subchapter for purposes of codification. This subchapter does not

contain a part B, because subtitle B (Sec. 251) of title II of Pub.

L. 105-220 repealed numerous sections of the Code and has been

executed to those sections, see Tables.

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20 USC subpart 1 - federal provisions 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 73 - ADULT EDUCATION AND LITERACY

SUBCHAPTER I - ADULT EDUCATION AND FAMILY LITERACY

Part A - Adult Education and Literacy Programs

subpart 1 - federal provisions

.

-HEAD-

subpart 1 - federal provisions

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20 USC Sec. 9211 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 73 - ADULT EDUCATION AND LITERACY

SUBCHAPTER I - ADULT EDUCATION AND FAMILY LITERACY

Part A - Adult Education and Literacy Programs

subpart 1 - federal provisions

-HEAD-

Sec. 9211. Reservation of funds; grants to eligible agencies;

allotments

-STATUTE-

(a) Reservation of funds

From the sum appropriated under section 9204 of this title for a

fiscal year, the Secretary -

(1) shall reserve 1.5 percent to carry out section 9252 of this

title, except that the amount so reserved shall not exceed

$8,000,000;

(2) shall reserve 1.5 percent to carry out section 9253 of this

title, except that the amount so reserved shall not exceed

$8,000,000; and

(3) shall make available, to the Secretary of Labor, 1.72

percent for incentive grants under section 9273 of this title.

(b) Grants to eligible agencies

(1) In general

From the sum appropriated under section 9204 of this title and

not reserved under subsection (a) of this section for a fiscal

year, the Secretary shall award a grant to each eligible agency

having a State plan approved under section 9224 of this title in

an amount equal to the sum of the initial allotment under

subsection (c)(1) of this section and the additional allotment

under subsection (c)(2) of this section for the eligible agency

for the fiscal year, subject to subsections (f) and (g) of this

section, to enable the eligible agency to carry out the

activities assisted under this part.

(2) Purpose of grants

The Secretary may award a grant under paragraph (1) only if the

eligible entity involved agrees to expend the grant for adult

education and literacy activities in accordance with the

provisions of this part.

(c) Allotments

(1) Initial allotments

From the sum appropriated under section 9204 of this title and

not reserved under subsection (a) of this section for a fiscal

year, the Secretary shall allot to each eligible agency having a

State plan approved under section 9224(f) of this title -

(A) $100,000, in the case of an eligible agency serving an

outlying area; and

(B) $250,000, in the case of any other eligible agency.

(2) Additional allotments

From the sum appropriated under section 9204 of this title, not

reserved under subsection (a) of this section, and not allotted

under paragraph (1), for a fiscal year, the Secretary shall allot

to each eligible agency that receives an initial allotment under

paragraph (1) an additional amount that bears the same

relationship to such sum as the number of qualifying adults in

the State or outlying area served by the eligible agency bears to

the number of such adults in all States and outlying areas.

(d) Qualifying adult

For the purpose of subsection (c)(2) of this section, the term

''qualifying adult'' means an adult who -

(1) is at least 16 years of age;

(2) is beyond the age of compulsory school attendance under the

law of the State or outlying area;

(3) does not have a secondary school diploma or its recognized

equivalent; and

(4) is not enrolled in secondary school.

(e) Special rule

(1) In general

From amounts made available under subsection (c) of this

section for the Republic of the Marshall Islands, the Federated

States of Micronesia, and the Republic of Palau, the Secretary

shall award grants to Guam, American Samoa, the Commonwealth of

the Northern Mariana Islands, the Republic of the Marshall

Islands, the Federated States of Micronesia, or the Republic of

Palau to carry out activities described in this part in

accordance with the provisions of this part that the Secretary

determines are not inconsistent with this subsection.

(2) Award basis

The Secretary shall award grants pursuant to paragraph (1) on a

competitive basis and pursuant to recommendations from the

Pacific Region Educational Laboratory in Honolulu, Hawaii.

(3) Termination of eligibility

Notwithstanding any other provision of law, the Republic of the

Marshall Islands, the Federated States of Micronesia, and the

Republic of Palau shall not receive any funds under this part for

any fiscal year that begins after September 30, 2001.

(4) Administrative costs

The Secretary may provide not more than 5 percent of the funds

made available for grants under this subsection to pay the

administrative costs of the Pacific Region Educational Laboratory

regarding activities assisted under this subsection.

(f) Hold-harmless

(1) In general

Notwithstanding subsection (c) of this section -

(A) for fiscal year 1999, no eligible agency shall receive an

allotment under this part that is less than 90 percent of the

payments made to the State or outlying area of the eligible

agency for fiscal year 1998 for programs for which funds were

authorized to be appropriated under section 313 of the Adult

Education Act (as such Act was in effect on the day before

August 7, 1998); and

(B) for fiscal year 2000 and each succeeding fiscal year, no

eligible agency shall receive an allotment under this part that

is less than 90 percent of the allotment the eligible agency

received for the preceding fiscal year under this part.

(2) Ratable reduction

If for any fiscal year the amount available for allotment under

this part is insufficient to satisfy the provisions of paragraph

(1), the Secretary shall ratably reduce the payments to all

eligible agencies, as necessary.

(g) Reallotment

The portion of any eligible agency's allotment under this part

for a fiscal year that the Secretary determines will not be

required for the period such allotment is available for carrying

out activities under this part, shall be available for reallotment

from time to time, on such dates during such period as the

Secretary shall fix, to other eligible agencies in proportion to

the original allotments to such agencies under this part for such

year.

-SOURCE-

(Pub. L. 105-220, title II, Sec. 211, Aug. 7, 1998, 112 Stat. 1062;

Pub. L. 105-277, div. A, Sec. 101(f) (title VIII, Sec. 404(b)),

Oct. 21, 1998, 112 Stat. 2681-337, 2681-416.)

-REFTEXT-

REFERENCES IN TEXT

Section 313 of the Adult Education Act (as such Act was in effect

on the day before August 7, 1998), referred to in subsec.

(f)(1)(A), means section 313 of Pub. L. 89-750, which was

classified to section 1201b of this title, prior to repeal by Pub.

L. 105-220, title II, Sec. 251(a)(1), Aug. 7, 1998, 112 Stat. 1079.

-MISC2-

AMENDMENTS

1998 - Subsec. (d)(1). Pub. L. 105-277 struck out '', but less

than 61 years of age'' after ''16 years of age''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9212, 9222, 9241 of this

title.

-CITE-

20 USC Sec. 9212 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 73 - ADULT EDUCATION AND LITERACY

SUBCHAPTER I - ADULT EDUCATION AND FAMILY LITERACY

Part A - Adult Education and Literacy Programs

subpart 1 - federal provisions

-HEAD-

Sec. 9212. Performance accountability system

-STATUTE-

(a) Purpose

The purpose of this section is to establish a comprehensive

performance accountability system, comprised of the activities

described in this section, to assess the effectiveness of eligible

agencies in achieving continuous improvement of adult education and

literacy activities funded under this part, in order to optimize

the return on investment of Federal funds in adult education and

literacy activities.

(b) Eligible agency performance measures

(1) In general

For each eligible agency, the eligible agency performance

measures shall consist of -

(A)(i) the core indicators of performance described in

paragraph (2)(A); and

(ii) additional indicators of performance (if any) identified

by the eligible agency under paragraph (2)(B); and

(B) an eligible agency adjusted level of performance for each

indicator described in subparagraph (A).

(2) Indicators of performance

(A) Core indicators of performance

The core indicators of performance shall include the

following:

(i) Demonstrated improvements in literacy skill levels in

reading, writing, and speaking the English language,

numeracy, problem solving, English language acquisition, and

other literacy skills.

(ii) Placement in, retention in, or completion of,

postsecondary education, training, unsubsidized employment or

career advancement.

(iii) Receipt of a secondary school diploma or its

recognized equivalent.

(B) Additional indicators

An eligible agency may identify in the State plan additional

indicators for adult education and literacy activities

authorized under this part.

(3) Levels of performance

(A) Eligible agency adjusted levels of performance for core

indicators

(i) In general

For each eligible agency submitting a State plan, there

shall be established, in accordance with this subparagraph,

levels of performance for each of the core indicators of

performance described in paragraph (2)(A) for adult education

and literacy activities authorized under this part. The

levels of performance established under this subparagraph

shall, at a minimum -

(I) be expressed in an objective, quantifiable, and

measurable form; and

(II) show the progress of the eligible agency toward

continuously improving in performance.

(ii) Identification in State plan

Each eligible agency shall identify, in the State plan

submitted under section 9224 of this title, expected levels

of performance for each of the core indicators of performance

for the first 3 program years covered by the State plan.

(iii) Agreement on eligible agency adjusted levels of

performance for first 3 years

In order to ensure an optimal return on the investment of

Federal funds in adult education and literacy activities

authorized under this part, the Secretary and each eligible

agency shall reach agreement on levels of performance for

each of the core indicators of performance, for the first 3

program years covered by the State plan, taking into account

the levels identified in the State plan under clause (ii) and

the factors described in clause (iv). The levels agreed to

under this clause shall be considered to be the eligible

agency adjusted levels of performance for the eligible agency

for such years and shall be incorporated into the State plan

prior to the approval of such plan.

(iv) Factors

The agreement described in clause (iii) or (v) shall take

into account -

(I) how the levels involved compare with the eligible

agency adjusted levels of performance established for other

eligible agencies, taking into account factors including

the characteristics of participants when the participants

entered the program, and the services or instruction to be

provided; and

(II) the extent to which such levels involved promote

continuous improvement in performance on the performance

measures by such eligible agency and ensure optimal return

on the investment of Federal funds.

(v) Agreement on eligible agency adjusted levels of

performance for 4th and 5th years

Prior to the fourth program year covered by the State plan,

the Secretary and each eligible agency shall reach agreement

on levels of performance for each of the core indicators of

performance for the fourth and fifth program years covered by

the State plan, taking into account the factors described in

clause (iv). The levels agreed to under this clause shall be

considered to be the eligible agency adjusted levels of

performance for the eligible agency for such years and shall

be incorporated into the State plan.

(vi) Revisions

If unanticipated circumstances arise in a State resulting

in a significant change in the factors described in clause

(iv)(II), the eligible agency may request that the eligible

agency adjusted levels of performance agreed to under clause

(iii) or (v) be revised. The Secretary, after collaboration

with the representatives described in section 2871(i)(1) of

title 29, shall issue objective criteria and methods for

making such revisions.

(B) Levels of performance for additional indicators

The eligible agency may identify, in the State plan, eligible

agency levels of performance for each of the additional

indicators described in paragraph (2)(B). Such levels shall be

considered to be eligible agency adjusted levels of performance

for purposes of this part.

(c) Report

(1) In general

Each eligible agency that receives a grant under section

9211(b) of this title shall annually prepare and submit to the

Secretary a report on the progress of the eligible agency in

achieving eligible agency performance measures, including

information on the levels of performance achieved by the eligible

agency with respect to the core indicators of performance.

(2) Information dissemination

The Secretary -

(A) shall make the information contained in such reports

available to the general public through publication and other

appropriate methods;

(B) shall disseminate State-by-State comparisons of the

information; and

(C) shall provide the appropriate committees of Congress with

copies of such reports.

-SOURCE-

(Pub. L. 105-220, title II, Sec. 212, Aug. 7, 1998, 112 Stat. 1064;

Pub. L. 105-277, div. A, Sec. 101(f) (title VIII, Sec. 404(c)),

Oct. 21, 1998, 112 Stat. 2681-337, 2681-416.)

-MISC1-

AMENDMENTS

1998 - Subsec. (b)(3)(A)(vi). Pub. L. 105-277 substituted

''2871(i)(1) of title 29'' for ''2871(j) of title 29''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9224, 9241 of this title.

-CITE-

20 USC subpart 2 - state provisions 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 73 - ADULT EDUCATION AND LITERACY

SUBCHAPTER I - ADULT EDUCATION AND FAMILY LITERACY

Part A - Adult Education and Literacy Programs

subpart 2 - state provisions

.

-HEAD-

subpart 2 - state provisions

-CITE-

20 USC Sec. 9221 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 73 - ADULT EDUCATION AND LITERACY

SUBCHAPTER I - ADULT EDUCATION AND FAMILY LITERACY

Part A - Adult Education and Literacy Programs

subpart 2 - state provisions

-HEAD-

Sec. 9221. State administration

-STATUTE-

Each eligible agency shall be responsible for the State or

outlying area administration of activities under this part,

including -

(1) the development, submission, and implementation of the

State plan;

(2) consultation with other appropriate agencies, groups, and

individuals that are involved in, or interested in, the

development and implementation of activities assisted under this

part; and

(3) coordination and nonduplication with other Federal and

State education, training, corrections, public housing, and

social service programs.

-SOURCE-

(Pub. L. 105-220, title II, Sec. 221, Aug. 7, 1998, 112 Stat.

1066.)

-CITE-

20 USC Sec. 9222 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 73 - ADULT EDUCATION AND LITERACY

SUBCHAPTER I - ADULT EDUCATION AND FAMILY LITERACY

Part A - Adult Education and Literacy Programs

subpart 2 - state provisions

-HEAD-

Sec. 9222. State distribution of funds; matching requirement

-STATUTE-

(a) State distribution of funds

Each eligible agency receiving a grant under this part for a

fiscal year -

(1) shall use not less than 82.5 percent of the grant funds to

award grants and contracts under section 9241 of this title and

to carry out section 9225 of this title, of which not more than

10 percent of the 82.5 percent shall be available to carry out

section 9225 of this title;

(2) shall use not more than 12.5 percent of the grant funds to

carry out State leadership activities under section 9223 of this

title; and

(3) shall use not more than 5 percent of the grant funds, or

$65,000, whichever is greater, for the administrative expenses of

the eligible agency.

(b) Matching requirement

(1) In general

In order to receive a grant from the Secretary under section

9211(b) of this title each eligible agency shall provide, for the

costs to be incurred by the eligible agency in carrying out the

adult education and literacy activities for which the grant is

awarded, a non-Federal contribution in an amount equal to -

(A) in the case of an eligible agency serving an outlying

area, 12 percent of the total amount of funds expended for

adult education and literacy activities in the outlying area,

except that the Secretary may decrease the amount of funds

required under this subparagraph for an eligible agency; and

(B) in the case of an eligible agency serving a State, 25

percent of the total amount of funds expended for adult

education and literacy activities in the State.

(2) Non-Federal contribution

An eligible agency's non-Federal contribution required under

paragraph (1) may be provided in cash or in kind, fairly

evaluated, and shall include only non-Federal funds that are used

for adult education and literacy activities in a manner that is

consistent with the purpose of this part.

-SOURCE-

(Pub. L. 105-220, title II, Sec. 222, Aug. 7, 1998, 112 Stat.

1066.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9223, 9225 of this title.

-CITE-

20 USC Sec. 9223 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 73 - ADULT EDUCATION AND LITERACY

SUBCHAPTER I - ADULT EDUCATION AND FAMILY LITERACY

Part A - Adult Education and Literacy Programs

subpart 2 - state provisions

-HEAD-

Sec. 9223. State leadership activities

-STATUTE-

(a) In general

Each eligible agency shall use funds made available under section

9222(a)(2) of this title for one or more of the following adult

education and literacy activities:

(1) The establishment or operation of professional development

programs to improve the quality of instruction provided pursuant

to local activities required under section 9241(b) of this title,

including instruction incorporating phonemic awareness,

systematic phonics, fluency, and reading comprehension, and

instruction provided by volunteers or by personnel of a State or

outlying area.

(2) The provision of technical assistance to eligible providers

of adult education and literacy activities.

(3) The provision of technology assistance, including staff

training, to eligible providers of adult education and literacy

activities to enable the eligible providers to improve the

quality of such activities.

(4) The support of State or regional networks of literacy

resource centers.

(5) The monitoring and evaluation of the quality of, and the

improvement in, adult education and literacy activities.

(6) Incentives for -

(A) program coordination and integration; and

(B) performance awards.

(7) Developing and disseminating curricula, including curricula

incorporating phonemic awareness, systematic phonics, fluency,

and reading comprehension.

(8) Other activities of statewide significance that promote the

purpose of this subchapter.

(9) 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, to adults enrolled in

such activities.

(10) Integration of literacy instruction and occupational skill

training, and promoting linkages with employers.

(11) Linkages with postsecondary educational institutions.

(b) Collaboration

In carrying out this section, eligible agencies shall collaborate

where possible, and avoid duplicating efforts, in order to maximize

the impact of the activities described in subsection (a) of this

section.

(c) State-imposed requirements

Whenever a State or outlying area implements any rule or policy

relating to the administration or operation of a program authorized

under this part that has the effect of imposing a requirement that

is not imposed under Federal law (including any rule or policy

based on a State or outlying area interpretation of a Federal

statute, regulation, or guideline), the State or outlying area

shall identify, to eligible providers, the rule or policy as being

State- or outlying area-imposed.

-SOURCE-

(Pub. L. 105-220, title II, Sec. 223, Aug. 7, 1998, 112 Stat.

1067.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in subsec. (a)(8), was in the

original ''this title'', meaning title II of Pub. L. 105-220, Aug.

7, 1998, 112 Stat. 1059, known as the Adult Education and Family

Literacy Act, which enacted this subchapter, amended sections 6362,

6365, 6366, 6813, and 7881 of this title, and section 3013 of Title

42, The Public Health and Welfare, and repealed sections 1201 to

1213d of this title and provisions set out as notes under sections

1201, 1213c, 2963, and 2966 of this title. For complete

classification of title II to the Code, see Short Title note set

out under section 9201 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9222 of this title.

-CITE-

20 USC Sec. 9224 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 73 - ADULT EDUCATION AND LITERACY

SUBCHAPTER I - ADULT EDUCATION AND FAMILY LITERACY

Part A - Adult Education and Literacy Programs

subpart 2 - state provisions

-HEAD-

Sec. 9224. State plan

-STATUTE-

(a) 5-year plans

(1) In general

Each eligible agency desiring a grant under this part for any

fiscal year shall submit to, or have on file with, the Secretary

a 5-year State plan.

(2) Comprehensive plan or application

The eligible agency may submit the State plan as part of a

comprehensive plan or application for Federal education

assistance.

(b) Plan contents

In developing the State plan, and any revisions to the State

plan, the eligible agency shall include in the State plan or

revisions -

(1) an objective assessment of the needs of individuals in the

State or outlying area for adult education and literacy

activities, including individuals most in need or hardest to

serve;

(2) a description of the adult education and literacy

activities that will be carried out with any funds received under

this part;

(3) a description of how the eligible agency will evaluate

annually the effectiveness of the adult education and literacy

activities based on the performance measures described in section

9212 of this title;

(4) a description of the performance measures described in

section 9212 of this title and how such performance measures will

ensure the improvement of adult education and literacy activities

in the State or outlying area;

(5) an assurance that the eligible agency will award not less

than one grant under this part to an eligible provider who offers

flexible schedules and necessary support services (such as child

care and transportation) to enable individuals, including

individuals with disabilities, or individuals with other special

needs, to participate in adult education and literacy activities,

which eligible provider shall attempt to coordinate with support

services that are not provided under this part prior to using

funds for adult education and literacy activities provided under

this part for support services;

(6) an assurance that the funds received under this part will

not be expended for any purpose other than for activities under

this part;

(7) a description of how the eligible agency will fund local

activities in accordance with the considerations described in

section 9241(e) of this title;

(8) an assurance that the eligible agency will expend the funds

under this part only in a manner consistent with fiscal

requirements in section 9251 of this title;

(9) a description of the process that will be used for public

participation and comment with respect to the State plan;

(10) a description of how the eligible agency will develop

program strategies 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;

(11) a description of how the adult education and literacy

activities that will be carried out with any funds received under

this part will be integrated with other adult education, career

development, and employment and training activities in the State

or outlying area served by the eligible agency; and

(12) a description of the steps the eligible agency will take

to ensure direct and equitable access, as required in section

9241(c)(1) of this title.

(c) Plan revisions

When changes in conditions or other factors require substantial

revisions to an approved State plan, the eligible agency shall

submit the revisions to the State plan to the Secretary.

(d) Consultation

The eligible agency shall -

(1) submit the State plan, and any revisions to the State plan,

to the Governor of the State or outlying area for review and

comment; and

(2) ensure that any comments by the Governor regarding the

State plan, and any revision to the State plan, are submitted to

the Secretary.

(e) Peer review

The Secretary shall establish a peer review process to make

recommendations regarding the approval of State plans.

(f) Plan approval

A State plan submitted to the Secretary shall be approved by the

Secretary unless the Secretary makes a written determination,

within 90 days after receiving the plan, that the plan is

inconsistent with the specific provisions of this part.

(g) Transition

The provisions of this section shall be subject to section

9276(b) of this title.

-SOURCE-

(Pub. L. 105-220, title II, Sec. 224, Aug. 7, 1998, 112 Stat. 1068;

Pub. L. 105-332, Sec. 4(1), Oct. 31, 1998, 112 Stat. 3126.)

-MISC1-

AMENDMENTS

1998 - Subsec. (g). Pub. L. 105-332 added subsec. (g).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9211, 9212 of this title.

-CITE-

20 USC Sec. 9225 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 73 - ADULT EDUCATION AND LITERACY

SUBCHAPTER I - ADULT EDUCATION AND FAMILY LITERACY

Part A - Adult Education and Literacy Programs

subpart 2 - state provisions

-HEAD-

Sec. 9225. Programs for corrections education and other

institutionalized individuals

-STATUTE-

(a) Program authorized

From funds made available under section 9222(a)(1) of this title

for a fiscal year, each eligible agency shall carry out corrections

education and education for other institutionalized individuals.

(b) Uses of funds

The funds described in subsection (a) of this section shall be

used for the cost of educational programs for criminal offenders in

correctional institutions and for other institutionalized

individuals, including academic programs for -

(1) basic education;

(2) special education programs as determined by the eligible

agency;

(3) English literacy programs; and

(4) secondary school credit programs.

(c) Priority

Each eligible agency that is using assistance provided under this

section to carry out a program for criminal offenders in a

correctional institution shall give priority to serving individuals

who are likely to leave the correctional institution within 5 years

of participation in the program.

(d) Definitions

(1) Criminal offender

The term ''criminal offender'' means any individual who is

charged with or convicted of any criminal offense.

(2) Correctional institution

The term ''correctional institution'' means any -

(A) prison;

(B) jail;

(C) reformatory;

(D) work farm;

(E) detention center; or

(F) halfway house, community-based rehabilitation center, or

any other similar institution designed for the confinement or

rehabilitation of criminal offenders.

-SOURCE-

(Pub. L. 105-220, title II, Sec. 225, Aug. 7, 1998, 112 Stat. 1069;

Pub. L. 105-277, div. A, Sec. 101(f) (title VIII, Sec. 404(d)),

Oct. 21, 1998, 112 Stat. 2681-337, 2681-417.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 1204

of this title prior to repeal by Pub. L. 105-220.

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-277, Sec. 101(f) (title VIII,

Sec. 404(d)(1)), substituted ''and education'' for ''or

education''.

Subsec. (c). Pub. L. 105-277, Sec. 101(f) (title VIII, Sec.

404(d)(2)), substituted ''within'' for ''with'' before ''5 years''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9222 of this title.

-CITE-

20 USC subpart 3 - local provisions 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 73 - ADULT EDUCATION AND LITERACY

SUBCHAPTER I - ADULT EDUCATION AND FAMILY LITERACY

Part A - Adult Education and Literacy Programs

subpart 3 - local provisions

.

-HEAD-

subpart 3 - local provisions

-CITE-

20 USC Sec. 9241 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 73 - ADULT EDUCATION AND LITERACY

SUBCHAPTER I - ADULT EDUCATION AND FAMILY LITERACY

Part A - Adult Education and Literacy Programs

subpart 3 - local provisions

-HEAD-

Sec. 9241. Grants and contracts for eligible providers

-STATUTE-

(a) Grants and contracts

From grant funds made available under section 9211(b) of this

title, each eligible agency shall award multiyear grants or

contracts, on a competitive basis, to eligible providers within the

State or outlying area to enable the eligible providers to develop,

implement, and improve adult education and literacy activities

within the State.

(b) Required local activities

The eligible agency shall require that each eligible provider

receiving a grant or contract under subsection (a) of this section

use the grant or contract to establish or operate one or more

programs that provide services or instruction in one or more of the

following categories:

(1) Adult education and literacy services, including workplace

literacy services.

(2) Family literacy services.

(3) English literacy programs.

(c) Direct and equitable access; same process

Each eligible agency receiving funds under this part shall ensure

that -

(1) all eligible providers have direct and equitable access to

apply for grants or contracts under this section; and

(2) the same grant or contract announcement process and

application process is used for all eligible providers in the

State or outlying area.

(d) Special rule

Each eligible agency awarding a grant or contract under this

section shall not use any funds made available under this part for

adult education and literacy activities for the purpose of

supporting or providing programs, services, or activities for

individuals who are not individuals described in subparagraphs (A)

and (B) of section 9202(1) of this title, except that such agency

may use such funds for such purpose if such programs, services, or

activities are related to family literacy services. In providing

family literacy services under this part, an eligible provider

shall attempt to coordinate with programs and services that are not

assisted under this part prior to using funds for adult education

and literacy activities under this part for activities other than

adult education activities.

(e) Considerations

In awarding grants or contracts under this section, the eligible

agency shall consider -

(1) the degree to which the eligible provider will establish

measurable goals for participant outcomes;

(2) the past effectiveness of an eligible provider in improving

the literacy skills of adults and families, and, after the 1-year

period beginning with the adoption of an eligible agency's

performance measures under section 9212 of this title, the

success of an eligible provider receiving funding under this part

in meeting or exceeding such performance measures, especially

with respect to those adults with the lowest levels of literacy;

(3) the commitment of the eligible provider to serve

individuals in the community who are most in need of literacy

services, including individuals who are low-income or have

minimal literacy skills;

(4) whether or not the program -

(A) is of sufficient intensity and duration for participants

to achieve substantial learning gains; and

(B) uses instructional practices, such as phonemic awareness,

systematic phonics, fluency, and reading comprehension that

research has proven to be effective in teaching individuals to

read;

(5) whether the activities are built on a strong foundation of

research and effective educational practice;

(6) whether the activities effectively employ advances in

technology, as appropriate, including the use of computers;

(7) whether the activities provide learning in real life

contexts to ensure that an individual has the skills needed to

compete in the workplace and exercise the rights and

responsibilities of citizenship;

(8) whether the activities are staffed by well-trained

instructors, counselors, and administrators;

(9) whether the activities coordinate with other available

resources in the community, such as by establishing strong links

with elementary schools and secondary schools, postsecondary

educational institutions, one-stop centers, job training

programs, and social service agencies;

(10) whether the activities offer flexible schedules and

support services (such as child care and transportation) that are

necessary to enable individuals, including individuals with

disabilities or other special needs, to attend and complete

programs;

(11) whether the activities maintain a high-quality information

management system that has the capacity to report participant

outcomes and to monitor program performance against the eligible

agency performance measures; and

(12) whether the local communities have a demonstrated need for

additional English literacy programs.

-SOURCE-

(Pub. L. 105-220, title II, Sec. 231, Aug. 7, 1998, 112 Stat.

1070.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9202, 9222, 9223, 9224,

9253 of this title.

-CITE-

20 USC Sec. 9242 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 73 - ADULT EDUCATION AND LITERACY

SUBCHAPTER I - ADULT EDUCATION AND FAMILY LITERACY

Part A - Adult Education and Literacy Programs

subpart 3 - local provisions

-HEAD-

Sec. 9242. Local application

-STATUTE-

Each eligible provider desiring a grant or contract under this

part shall submit an application to the eligible agency containing

such information and assurances as the eligible agency may require,

including -

(1) a description of how funds awarded under this part will be

spent; and

(2) a description of any cooperative arrangements the eligible

provider has with other agencies, institutions, or organizations

for the delivery of adult education and literacy activities.

-SOURCE-

(Pub. L. 105-220, title II, Sec. 232, Aug. 7, 1998, 112 Stat.

1072.)

-CITE-

20 USC Sec. 9243 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 73 - ADULT EDUCATION AND LITERACY

SUBCHAPTER I - ADULT EDUCATION AND FAMILY LITERACY

Part A - Adult Education and Literacy Programs

subpart 3 - local provisions

-HEAD-

Sec. 9243. Local administrative cost limits

-STATUTE-

(a) In general

Subject to subsection (b) of this section, of the amount that is

made available under this part to an eligible provider -

(1) not less than 95 percent shall be expended for carrying out

adult education and literacy activities; and

(2) the remaining amount, not to exceed 5 percent, shall be

used for planning, administration, personnel development, and

interagency coordination.

(b) Special rule

In cases where the cost limits described in subsection (a) of

this section are too restrictive to allow for adequate planning,

administration, personnel development, and interagency

coordination, the eligible provider shall negotiate with the

eligible agency in order to determine an adequate level of funds to

be used for noninstructional purposes.

-SOURCE-

(Pub. L. 105-220, title II, Sec. 233, Aug. 7, 1998, 112 Stat.

1072.)

-CITE-

20 USC subpart 4 - general provisions 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 73 - ADULT EDUCATION AND LITERACY

SUBCHAPTER I - ADULT EDUCATION AND FAMILY LITERACY

Part A - Adult Education and Literacy Programs

subpart 4 - general provisions

.

-HEAD-

subpart 4 - general provisions

-CITE-

20 USC Sec. 9251 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 73 - ADULT EDUCATION AND LITERACY

SUBCHAPTER I - ADULT EDUCATION AND FAMILY LITERACY

Part A - Adult Education and Literacy Programs

subpart 4 - general provisions

-HEAD-

Sec. 9251. Administrative provisions

-STATUTE-

(a) Supplement not supplant

Funds made available for adult education and literacy activities

under this part shall supplement and not supplant other State or

local public funds expended for adult education and literacy

activities.

(b) Maintenance of effort

(1) In general

(A) Determination

An eligible agency may receive funds under this part for any

fiscal year if the Secretary finds that the fiscal effort per

student or the aggregate expenditures of such eligible agency

for adult education and literacy activities, in the second

preceding fiscal year, was not less than 90 percent of the

fiscal effort per student or the aggregate expenditures of such

eligible agency for adult education and literacy activities, in

the third preceding fiscal year.

(B) Proportionate reduction

Subject to paragraphs (2), (3), and (4), for any fiscal year

with respect to which the Secretary determines under

subparagraph (A) that the fiscal effort or the aggregate

expenditures of an eligible agency for the preceding program

year were less than such effort or expenditures for the second

preceding program year, the Secretary -

(i) shall determine the percentage decreases in such effort

or in such expenditures; and

(ii) shall decrease the payment made under this part for

such program year to the agency for adult education and

literacy activities by the lesser of such percentages.

(2) Computation

In computing the fiscal effort and aggregate expenditures under

paragraph (1), the Secretary shall exclude capital expenditures

and special one-time project costs.

(3) Decrease in Federal support

If the amount made available for adult education and literacy

activities under this part for a fiscal year is less than the

amount made available for adult education and literacy activities

under this part for the preceding fiscal year, then the fiscal

effort per student and the aggregate expenditures of an eligible

agency required in order to avoid a reduction under paragraph

(1)(B) shall be decreased by the same percentage as the

percentage decrease in the amount so made available.

(4) Waiver

The Secretary may waive the requirements of this subsection for

1 fiscal year only, if the Secretary determines that a waiver

would be equitable due to exceptional or uncontrollable

circumstances, such as a natural disaster or an unforeseen and

precipitous decline in the financial resources of the State or

outlying area of the eligible agency. If the Secretary grants a

waiver under the preceding sentence for a fiscal year, the level

of effort required under paragraph (1) shall not be reduced in

the subsequent fiscal year because of the waiver.

-SOURCE-

(Pub. L. 105-220, title II, Sec. 241, Aug. 7, 1998, 112 Stat.

1072.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9224 of this title.

-CITE-

20 USC Sec. 9252 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 73 - ADULT EDUCATION AND LITERACY

SUBCHAPTER I - ADULT EDUCATION AND FAMILY LITERACY

Part A - Adult Education and Literacy Programs

subpart 4 - general provisions

-HEAD-

Sec. 9252. National Institute for Literacy

-STATUTE-

(a) Purpose

The purpose of this section is to establish a National Institute

for Literacy that -

(1) provides national leadership regarding literacy;

(2) coordinates literacy services and policy; and

(3) serves as a national resource for adult education and

literacy programs by -

(A) providing the best and most current information

available, including the work of the National Institute of

Child Health and Human Development in the area of phonemic

awareness, systematic phonics, fluency, and reading

comprehension, to all recipients of Federal assistance that

focuses on reading, including programs under titles I and VII

of the Elementary and Secondary Education Act of 1965 (20

U.S.C. 6301 et seq. and 7401 et seq.), the Head Start Act (42

U.S.C. 9831 et seq.), the Individuals with Disabilities

Education Act (20 U.S.C. 1400 et seq.), and this Act; and

(B) supporting the creation of new ways to offer services of

proven effectiveness.

(b) Establishment

(1) In general

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 of Education with the Secretary of

Labor and the Secretary of Health and Human Services (in this

section referred to as the ''Interagency Group''). The

Interagency Group may include in the Institute any research and

development center, institute, or clearinghouse established

within the Department of Education, the Department of Labor, or

the Department of Health and Human Services the purpose of which

is determined by the Interagency Group to be related to the

purpose of the Institute.

(2) Offices

The Institute shall have offices separate from the offices of

the Department of Education, the Department of Labor, and the

Department of Health and Human Services.

(3) Recommendations

The Interagency Group shall consider the recommendations of the

National Institute for Literacy Advisory Board (in this section

referred to as the ''Board'') established under subsection (e) of

this section in planning the goals of the Institute and in the

implementation of any programs to achieve the goals. If the

Board's recommendations are not followed, the Interagency Group

shall provide a written explanation to the Board concerning

actions the Interagency Group takes that are inconsistent with

the Board's recommendations, including the reasons for not

following the Board's recommendations with respect to the

actions. The Board may also request a meeting of the Interagency

Group to discuss the Board's recommendations.

(4) Daily operations

The daily operations of the Institute shall be administered by

the Director of the Institute.

(c) Duties

(1) In general

In order to provide leadership for the improvement and

expansion of the system for delivery of literacy services, the

Institute is authorized -

(A) to establish a national electronic data base of

information that disseminates information to the broadest

possible audience within the literacy and basic skills field,

and that includes -

(i) effective practices in the provision of literacy and

basic skills instruction, including instruction in phonemic

awareness, systematic phonics, fluency, and reading

comprehension, and the integration of literacy and basic

skills instruction with occupational skills training;

(ii) public and private literacy and basic skills programs,

and Federal, State, and local policies, affecting the

provision of literacy services at the national, State, and

local levels;

(iii) opportunities for technical assistance, meetings,

conferences, and other opportunities that lead to the

improvement of literacy and basic skills services; and

(iv) a communication network for literacy programs,

providers, social service agencies, and students;

(B) to coordinate support for the provision of literacy and

basic skills services across Federal agencies and at the State

and local levels;

(C) to coordinate the support of reliable and replicable

research and development on literacy and basic skills in

families and adults across Federal agencies, especially with

the Office of Educational Research and Improvement in the

Department of Education, and to carry out basic and applied

research and development on topics that are not being

investigated by other organizations or agencies, such as the

special literacy needs of individuals with learning

disabilities;

(D) to collect and disseminate information on methods of

advancing literacy that show great promise, including phonemic

awareness, systematic phonics, fluency, and reading

comprehension based on the work of the National Institute of

Child Health and Human Development;

(E) to provide policy and technical assistance to Federal,

State, and local entities for the improvement of policy and

programs relating to literacy;

(F) to fund a network of State or regional adult literacy

resource centers to assist State and local public and private

nonprofit efforts to improve literacy by -

(i) encouraging the coordination of literacy services;

(ii) enhancing the capacity of State and local

organizations to provide literacy services; and

(iii) serving as a link between the Institute and providers

of adult education and literacy activities for the purpose of

sharing information, data, research, expertise, and literacy

resources;

(G) to coordinate and share information with national

organizations and associations that are interested in literacy

and workforce investment activities;

(H) to advise Congress and Federal departments and agencies

regarding the development of policy with respect to literacy

and basic skills; and

(I) to undertake other activities that lead to the

improvement of the Nation's literacy delivery system and that

complement other such efforts being undertaken by public and

private agencies and organizations.

(2) Grants, contracts, and cooperative agreements

The Institute may award grants to, or enter into contracts or

cooperative agreements with, individuals, public or private

institutions, agencies, organizations, or consortia of such

institutions, agencies, or organizations to carry out the

activities of the Institute.

(d) Literacy leadership

(1) In general

The Institute, in consultation with the Board, may 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.

(2) Fellowships

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.

(3) Interns and volunteers

The Institute, in consultation with the Board, may award paid

and unpaid internships to individuals seeking to assist the

Institute in carrying out its mission. Notwithstanding section

1342 of title 31, the Institute may accept and use voluntary and

uncompensated services as the Institute determines necessary.

(e) National Institute for Literacy Advisory Board

(1) Establishment

(A) In general

There shall be a National Institute for Literacy Advisory

Board (in this section referred to as the ''Board''), which

shall consist of 10 individuals appointed by the President with

the advice and consent of the Senate.

(B) Composition

The Board shall be comprised of individuals who are not

otherwise officers or employees of the Federal Government and

who are representative of entities such as -

(i) literacy organizations and providers of literacy

services, including nonprofit providers, providers of English

literacy programs and services, social service organizations,

and eligible providers receiving assistance under this part;

(ii) businesses that have demonstrated interest in literacy

programs;

(iii) literacy students, including literacy students with

disabilities;

(iv) experts in the area of literacy research;

(v) State and local governments;

(vi) State Directors of adult education; and

(vii) representatives of employees, including

representatives of labor organizations.

(2) Duties

The Board shall -

(A) make recommendations concerning the appointment of the

Director and staff of the Institute;

(B) provide independent advice on the operation of the

Institute; and

(C) receive reports from the Interagency Group and the

Director.

(3) Federal Advisory Committee Act

Except as otherwise provided, the Board established by this

subsection shall be subject to the provisions of the Federal

Advisory Committee Act (5 U.S.C. App.).

(4) Appointments

(A) In general

Each member of the Board shall be appointed for a term of 3

years, except that the initial terms for members may be 1, 2,

or 3 years in order to establish a rotation in which one-third

of the members are selected each year. Any such member may be

appointed for not more than 2 consecutive terms.

(B) Vacancies

Any member appointed to fill a vacancy occurring before the

expiration of the term for which the member's predecessor was

appointed shall be appointed only for the remainder of that

term. A member may serve after the expiration of that member's

term until a successor has taken office.

(5) Quorum

A majority of the members of the Board shall constitute a

quorum but a lesser number may hold hearings. Any recommendation

of the Board may be passed only by a majority of the Board's

members present.

(6) Election of officers

The Chairperson and Vice Chairperson of the Board shall be

elected by the members of the Board. The term of office of the

Chairperson and Vice Chairperson shall be 2 years.

(7) Meetings

The Board shall meet at the call of the Chairperson or a

majority of the members of the Board.

(f) Gifts, bequests, and devises

(1) In general

The Institute may accept, administer, and use gifts or

donations of services, money, or property, whether real or

personal, tangible or intangible.

(2) Rules

The Board shall establish written rules setting forth the

criteria to be used by the Institute in determining whether the

acceptance of contributions of services, money, or property

whether real or personal, tangible or intangible, would reflect

unfavorably upon the ability of the Institute or any employee to

carry out the responsibilities of the Institute or employee, or

official duties, in a fair and objective manner, or would

compromise the integrity or the appearance of the integrity of

the Institute's programs or any official involved in those

programs.

(g) Mails

The Board and the Institute may use the United States mails in

the same manner and under the same conditions as other departments

and agencies of the United States.

(h) Staff

The Interagency Group, after considering recommendations made by

the Board, shall appoint and fix the pay of a Director.

(i) Applicability of certain civil service laws

The Director and staff of the Institute may be appointed without

regard to the provisions of title 5 governing appointments in the

competitive service, and may be paid without regard to the

provisions of chapter 51 and subchapter III of chapter 53 of that

title relating to classification and General Schedule pay rates,

except that an individual so appointed may not receive pay in

excess of the annual rate of basic pay payable for level IV of the

Executive Schedule.

(j) Experts and consultants

The Institute may procure temporary and intermittent services

under section 3109(b) of title 5.

(k) Report

The Institute shall submit a report biennially to the Committee

on Education and the Workforce of the House of Representatives and

the Committee on Labor and Human Resources of the Senate. Each

report submitted under this subsection shall include -

(1) a comprehensive and detailed description of the Institute's

operations, activities, financial condition, and accomplishments

in the field of literacy for the period covered by the report;

(2) a description of how plans for the operation of the

Institute for the succeeding 2 fiscal years 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

(3) any additional minority, or dissenting views submitted by

members of the Board.

(l) Funding

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.

-SOURCE-

(Pub. L. 105-220, title II, Sec. 242, Aug. 7, 1998, 112 Stat.

1073.)

-REFTEXT-

REFERENCES IN TEXT

The Elementary and Secondary Education Act of 1965, referred to

in subsec. (a)(3)(A), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27.

Titles I and VII of the Act are classified generally to subchapters

I (Sec. 6301 et seq.) and VII (Sec. 7401 et seq.), respectively, of

chapter 70 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 6301 of

this title and Tables.

The Head Start Act, referred to in subsec. (a)(3)(A), is

subchapter B (Sec. 635-657) of chapter 8 of subtitle a of title VI

of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 499, as amended, which is

classified generally to subchapter II (Sec. 9831 et seq.) of

chapter 105 of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see Short Title

note set out under section 9801 of Title 42 and Tables.

The Individuals with Disabilities Education Act, referred to in

subsec. (a)(3)(A), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84

Stat. 175, as amended, which is classified generally to chapter 33

(Sec. 1400 et seq.) of this title. For complete classification of

this Act to the Code, see section 1400 of this title and Tables.

This Act, referred to in subsec. (a)(3)(A), is Pub. L. 105-220,

Aug. 7, 1998, 112 Stat. 936, as amended, known as the Workforce

Investment Act of 1998. For complete classification of this Act to

the Code, see Short Title note set out under section 9201 of this

title and Tables.

The Federal Advisory Committee Act, referred to in subsec.

(e)(3), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,

which is set out in the Appendix to Title 5, Government

Organization and Employees.

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (i), are classified to

section 3301 et seq. of Title 5, Government Organization and

Employees.

Level IV of the Executive Schedule, referred to in subsec. (i),

is set out in section 5315 of Title 5, Government Organization and

Employees.

-MISC2-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1213c of this title prior to repeal by Pub. L. 105-220.

TERMINATION OF ADVISORY BOARDS

Advisory boards established after Jan. 5, 1973, to terminate not

later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a board

established by the President or an officer of the Federal

Government, such board is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a board

established by Congress, its duration is otherwise provided for by

law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86

Stat. 770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

OFFICE OF EDUCATIONAL RESEARCH AND IMPROVEMENT

The Office of Educational Research and Improvement was

established by section 3419 of this title. Section 3419 was

repealed and a new section 3419 establishing the Institute of

Educational Sciences was enacted by Pub. L. 107-279, title IV, Sec.

402(2), Nov. 5, 2002, 116 Stat. 1985.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6367, 9211 of this title.

-CITE-

20 USC Sec. 9253 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 73 - ADULT EDUCATION AND LITERACY

SUBCHAPTER I - ADULT EDUCATION AND FAMILY LITERACY

Part A - Adult Education and Literacy Programs

subpart 4 - general provisions

-HEAD-

Sec. 9253. National leadership activities

-STATUTE-

The Secretary shall establish and carry out a program of national

leadership activities to enhance the quality of adult education and

literacy programs nationwide. Such activities may include the

following:

(1) Technical assistance, including -

(A) assistance provided to eligible providers in developing

and using performance measures for the improvement of adult

education and literacy activities, including family literacy

services;

(B) assistance related to professional development

activities, and assistance for the purposes of developing,

improving, identifying, and disseminating the most successful

methods and techniques for providing adult education and

literacy activities, including family literacy services, based

on scientific evidence where available; and

(C) assistance in distance learning and promoting and

improving the use of technology in the classroom.

(2) Funding national leadership activities that are not

described in paragraph (1), either directly or through grants,

contracts, or cooperative agreements awarded on a competitive

basis to or with postsecondary educational institutions, public

or private organizations or agencies, or consortia of such

institutions, organizations, or agencies, such as -

(A) developing, improving, and identifying the most

successful methods and techniques for addressing the education

needs of adults, including instructional practices using

phonemic awareness, systematic phonics, fluency, and reading

comprehension, based on the work of the National Institute of

Child Health and Human Development;

(B) increasing the effectiveness of, and improving the

quality of, adult education and literacy activities, including

family literacy services;

(C) carrying out research, such as estimating the number of

adults functioning at the lowest levels of literacy

proficiency;

(D)(i) carrying out demonstration programs;

(ii) developing and replicating model and innovative

programs, such as the development of models for basic skill

certificates, identification of effective strategies for

working with adults with learning disabilities and with

individuals with limited English proficiency who are adults,

and workplace literacy programs; and

(iii) disseminating best practices information, including

information regarding promising practices resulting from

federally funded demonstration programs;

(E) providing for the conduct of an independent evaluation

and assessment of adult education and literacy activities

through studies and analyses conducted independently through

grants and contracts awarded on a competitive basis, which

evaluation and assessment shall include descriptions of -

(i) the effect of performance measures and other measures

of accountability on the delivery of adult education and

literacy activities, including family literacy services;

(ii) the extent to which the adult education and literacy

activities, including family literacy services, increase the

literacy skills of adults (and of children, in the case of

family literacy services), lead the participants in such

activities to involvement in further education and training,

enhance the employment and earnings of such participants,

and, if applicable, lead to other positive outcomes, such as

reductions in recidivism in the case of prison-based adult

education and literacy activities;

(iii) the extent to which the provision of support services

to adults enrolled in adult education and family literacy

programs increase the rate of enrollment in, and successful

completion of, such programs; and

(iv) the extent to which eligible agencies have distributed

funds under section 9241 of this title to meet the needs of

adults through community-based organizations;

(F) supporting efforts aimed at capacity building at the

State and local levels, such as technical assistance in program

planning, assessment, evaluation, and monitoring of activities

carried out under this part;

(G) collecting data, such as data regarding the improvement

of both local and State data systems, through technical

assistance and development of model performance data collection

systems; and

(H) other activities designed to enhance the quality of adult

education and literacy activities nationwide.

-SOURCE-

(Pub. L. 105-220, title II, Sec. 243, Aug. 7, 1998, 112 Stat. 1078;

Pub. L. 105-277, div. A, Sec. 101(f) (title VIII, Sec. 404(e)),

Oct. 21, 1998, 112 Stat. 2681-337, 2681-417.)

-MISC1-

AMENDMENTS

1998 - Par. (2)(B). Pub. L. 105-277 substituted ''quality'' for

''qualify''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9211 of this title.

-CITE-

20 USC SUBCHAPTER II - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 73 - ADULT EDUCATION AND LITERACY

SUBCHAPTER II - GENERAL PROVISIONS

.

-HEAD-

SUBCHAPTER II - GENERAL PROVISIONS

-CITE-

20 USC Sec. 9271 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 73 - ADULT EDUCATION AND LITERACY

SUBCHAPTER II - GENERAL PROVISIONS

-HEAD-

Sec. 9271. State unified plan

-STATUTE-

(a) ''Appropriate Secretary'' defined

In this section, the term ''appropriate Secretary'' means the

head of the Federal agency who exercises administrative authority

over an activity or program described in subsection (b) of this

section.

(b) State unified plan

(1) In general

A State may develop and submit to the appropriate Secretaries a

State unified plan for 2 or more of the activities or programs

set forth in paragraph (2), except that the State may include in

the plan the activities described in paragraph (2)(A) only with

the prior approval of the legislature of the State. The State

unified plan shall cover one or more of the activities set forth

in subparagraphs (A) through (D) of paragraph (2) and may cover

one or more of the activities set forth in subparagraphs (E)

through (O) of paragraph (2). For purposes of this paragraph, the

activities and programs described in subparagraphs (A) and (B) of

paragraph (2) shall not be considered to be 2 or more activities

or programs for purposes of the unified plan. Such activities or

programs shall be considered to be 1 activity or program.

(2) Activities

The activities and programs referred to in paragraph (1) are as

follows:

(A) Secondary vocational education programs authorized under

the Carl D. Perkins Vocational and Applied Technology Education

Act (20 U.S.C. 2301 et seq.).

(B) Postsecondary vocational education programs authorized

under the Carl D. Perkins Vocational and Applied Technology

Education Act (20 U.S.C. 2301 et seq.).

(C) Activities authorized under title I (29 U.S.C. 2801 et

seq.).

(D) Activities authorized under title II (20 U.S.C. 9201 et

seq.).

(E) Programs authorized under section 6(d) of the Food Stamp

Act of 1977 (7 U.S.C. 2015(d)).

(F) Work programs authorized under section 6(o) of the Food

Stamp Act of 1977 (7 U.S.C. 2015(o)).

(G) Activities authorized under chapter 2 of title II of the

Trade Act of 1974 (19 U.S.C. 2271 et seq.).

(H) Programs authorized under the Wagner-Peyser Act (29

U.S.C. 49 et seq.).

(I) Programs authorized under title I of the Rehabilitation

Act of 1973 (29 U.S.C. 720 et seq.), other than section 112 of

such Act (29 U.S.C. 732).

(J) Activities authorized under chapter 41 of title 38.

(K) Programs authorized under State unemployment compensation

laws (in accordance with applicable Federal law).

(L) Programs authorized under part A of title IV of the

Social Security Act (42 U.S.C. 601 et seq.).

(M) Programs authorized under title V of the Older Americans

Act of 1965 (42 U.S.C. 3056 et seq.).

(N) Training activities carried out by the Department of

Housing and Urban Development.

(O) Programs authorized under the Community Services Block

Grant Act (42 U.S.C. 9901 et seq.).

(c) Requirements

(1) In general

The portion of a State unified plan covering an activity or

program described in subsection (b) of this section shall be

subject to the requirements, if any, applicable to a plan or

application for assistance under the Federal statute authorizing

the activity or program.

(2) Additional submission not required

A State that submits a State unified plan covering an activity

or program described in subsection (b) of this section that is

approved under subsection (d) of this section shall not be

required to submit any other plan or application in order to

receive Federal funds to carry out the activity or program.

(3) Coordination

A State unified plan shall include -

(A) a description of the methods used for joint planning and

coordination of the programs and activities included in the

unified plan; and

(B) an assurance that the methods included an opportunity for

the entities responsible for planning or administering such

programs and activities to review and comment on all portions

of the unified plan.

(d) Approval by appropriate Secretaries

(1) Jurisdiction

The appropriate Secretary shall have the authority to approve

the portion of the State unified plan relating to the activity or

program over which the appropriate Secretary exercises

administrative authority. On the approval of the appropriate

Secretary, the portion of the plan relating to the activity or

program shall be implemented by the State pursuant to the

applicable portion of the State unified plan.

(2) Approval

(A) In general

A portion of the State unified plan covering an activity or

program described in subsection (b) of this section that is

submitted to the appropriate Secretary under this section shall

be considered to be approved by the appropriate Secretary at

the end of the 90-day period beginning on the day the

appropriate Secretary receives the portion, unless the

appropriate Secretary makes a written determination, during the

90-day period, that the portion is not consistent with the

requirements of the Federal statute authorizing the activity or

program including the criteria for approval of a plan or

application, if any, under such statute or the plan is not

consistent with the requirements of subsection (c)(3) of this

section.

(B) Special rule

In subparagraph (A), the term ''criteria for approval of a

State plan'', relating to activities carried out under title I

(29 U.S.C. 2801 et seq.) or II (20 U.S.C. 9201 et seq.) or

under the Carl D. Perkins Vocational and Applied Technology

Education Act (20 U.S.C. 2301 et seq.), includes a requirement

for agreement between the State and the appropriate Secretary

regarding State performance measures, including levels of

performance.

-SOURCE-

(Pub. L. 105-220, title V, Sec. 501, Aug. 7, 1998, 112 Stat. 1242;

Pub. L. 105-277, div. A, Sec. 101(f) (title VIII, Sec. 401(17)),

Oct. 21, 1998, 112 Stat. 2681-337, 2681-412.)

-REFTEXT-

REFERENCES IN TEXT

The Carl D. Perkins Vocational and Applied Technology Education

Act, referred to in subsecs. (b)(2)(A), (B) and (d)(2)(B), was Pub.

L. 88-210, Dec. 18, 1963, 77 Stat. 403, as amended, which was

classified generally to chapter 44 (Sec. 2301 et seq.) of this

title prior to being amended generally and renamed the Carl D.

Perkins Vocational and Technical Education Act of 1998 by Pub. L.

105-332, Sec. 1(b), Oct. 31, 1998, 112 Stat. 3076. For complete

classification of Pub. L. 88-210 to the Code, see Short Title note

set out under section 2301 of this title and Tables.

Title I, referred to in subsec. (b)(2)(C), is title I of Pub. L.

105-220, Aug. 7, 1998, 112 Stat. 939, which is classified

principally to chapter 30 (Sec. 2801 et seq.) of Title 29, Labor.

For complete classification of title I to the Code, see Tables.

Title II, referred to in subsec. (b)(2)(D), is title II of Pub.

L. 105-220, Aug. 7, 1998, 112 Stat. 1059, as amended, known as the

Adult Education and Family Literacy Act, which is classified

principally to subchapter I (Sec. 9201 et seq.) of this chapter.

For complete classification of title II to the Code, see Short

Title note set out under section 9201 of this title and Tables.

The Trade Act of 1974, referred to in subsec. (b)(2)(G), is Pub.

L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as amended. Chapter 2 of

title II of the Act is classified generally to part 2 (Sec. 2271 et

seq.) of subchapter II of chapter 12 of Title 19, Customs Duties.

For complete classification of this Act to the Code, see section

2101 of Title 19 and Tables.

The Wagner-Peyser Act, referred to in subsec. (b)(2)(H), is act

June 6, 1933, ch. 49, 48 Stat. 113, as amended, which is classified

generally to chapter 4B (Sec. 49 et seq.) of Title 29, Labor. For

complete classification of this Act to the Code, see Short Title

note set out under section 49 of Title 29 and Tables.

The Rehabilitation Act of 1973, referred to in subsec. (b)(2)(I),

is Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 357, as amended, Title

I of the Act is classified generally to subchapter I (Sec. 720 et

seq.) of chapter 16 of Title 29, Labor. For complete classification

of this Act to the Code, see Short Title note set out under section

701 of Title 29 and Tables.

The Social Security Act, referred to in subsec. (b)(2)(L), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title

IV of the Act is classified generally to part A (Sec. 601 et seq.)

of subchapter IV of chapter 7 of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

section 1305 of Title 42 and Tables.

The Older Americans Act of 1965, referred to in subsec.

(b)(2)(M), is Pub. L. 89-73, July 14, 1965, 79 Stat. 218, as

amended. Title V of the Act, known as the ''Older Americans

Community Services Employment Act'', is classified generally to

subchapter IX (Sec. 3056 et seq.) of chapter 35 of Title 42, The

Public Health and Welfare. For complete classification of this Act

to the Code, see Short Title note set out under section 3001 of

Title 42 and Tables.

The Community Services Block Grant Act, referred to in subsec.

(b)(2)(O), is subtitle B (Sec. 671 et seq.) of title VI of Pub. L.

97-35, Aug. 13, 1981, 95 Stat. 511, as amended, which is classified

generally to chapter 106 (Sec. 9901 et seq.) of Title 42, The

Public Health and Welfare. For complete classification of this Act

to the Code, see Short title note set out under section 9901 of

Title 42 and Tables.

-MISC2-

AMENDMENTS

1998 - Subsec. (b)(1). Pub. L. 105-277 inserted at end ''For

purposes of this paragraph, the activities and programs described

in subparagraphs (A) and (B) of paragraph (2) shall not be

considered to be 2 or more activities or programs for purposes of

the unified plan. Such activities or programs shall be considered

to be 1 activity or program.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2342 of this title.

-CITE-

20 USC Sec. 9272 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 73 - ADULT EDUCATION AND LITERACY

SUBCHAPTER II - GENERAL PROVISIONS

-HEAD-

Sec. 9272. Definitions for indicators of performance

-STATUTE-

(a) In general

In order to ensure nationwide comparability of performance data,

the Secretary of Labor and the Secretary of Education, after

consultation with the representatives described in subsection (b)

of this section, shall issue definitions for indicators of

performance and levels of performance established under titles I

(29 U.S.C. 2801 et seq.) and II (20 U.S.C. 9201 et seq.).

(b) Representatives

The representatives referred to in subsection (a) of this section

are representatives of States (as defined in section 2801 of title

29) and political subdivisions, business and industry, employees,

eligible providers of employment and training activities (as

defined in section 2801 of title 29), educators, participants in

activities carried out under this Act, State Directors of adult

education, providers of adult education, providers of literacy

services, individuals with expertise in serving the employment and

training needs of eligible youth (as defined in section 2801 of

title 29), parents, and other interested parties, with expertise

regarding activities authorized under this Act.

-SOURCE-

(Pub. L. 105-220, title V, Sec. 502, Aug. 7, 1998, 112 Stat. 1244.)

-REFTEXT-

REFERENCES IN TEXT

Title I, referred to in subsec. (a), is title I of Pub. L.

105-220, Aug. 7, 1998, 112 Stat. 939, which is classified

principally to chapter 30 (Sec. 2801 et seq.) of Title 29, Labor.

For complete classification of title I to the Code, see Tables.

Title II, referred to in subsec. (a), is title II of Pub. L.

105-220, Aug. 7, 1998, 112 Stat. 1059, as amended, known as the

Adult Education and Family Literacy Act, which is classified

principally to subchapter I (Sec. 9201 et seq.) of this chapter.

For complete classification of title II to the Code, see Short

Title note set out under section 9201 of this title and Tables.

This Act, referred to in subsec. (b), is Pub. L. 105-220, Aug. 7,

1998, 112 Stat. 936, as amended, known as the Workforce Investment

Act of 1998. For complete classification of this Act to the Code,

see Short Title note set out under section 9201 of this title and

Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2871 of this title.

-CITE-

20 USC Sec. 9273 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 73 - ADULT EDUCATION AND LITERACY

SUBCHAPTER II - GENERAL PROVISIONS

-HEAD-

Sec. 9273. Incentive grants

-STATUTE-

(a) In general

Beginning on July 1, 2000, the Secretary shall award a grant to

each State that exceeds the State adjusted levels of performance

for title I (29 U.S.C. 2801 et seq.), the adjusted levels of

performance for title II (20 U.S.C. 9201 et seq.), and the levels

of performance for programs under Public Law 105-332 (20 U.S.C.

2301 et seq.), for the purpose of carrying out an innovative

program consistent with the requirements of any one or more of the

programs within title I, title II, or such Public Law,

respectively.

(b) Application

(1) In general

The Secretary may provide a grant to a State under subsection

(a) of this section only if the State submits an application to

the Secretary for the grant that meets the requirements of

paragraph (2).

(2) Requirements

The Secretary may review an application described in paragraph

(1) only to ensure that the application contains the following

assurances:

(A) The legislature of the State was consulted with respect

to the development of the application.

(B) The application was approved by the Governor, the

eligible agency (as defined in section 9202 of this title), and

the State agency responsible for programs established under

Public Law 105-332 (20 U.S.C. 2301 et seq.).

(C) The State and the eligible agency, as appropriate,

exceeded the State adjusted levels of performance for title I

(29 U.S.C. 2801 et seq.), the expected levels of performance

for title II (20 U.S.C. 9201 et seq.), and the levels of

performance for programs under Public Law 105-332 (20 U.S.C.

2301 et seq.).

(c) Amount

(1) Minimum and maximum grant amounts

Subject to paragraph (2), a grant provided to a State under

subsection (a) of this section shall be awarded in an amount that

is not less than $750,000 and not more than $3,000,000.

(2) Proportionate reduction

If the amount available for grants under this section for a

fiscal year is insufficient to award a grant to each State or

eligible agency that is eligible for a grant, the Secretary shall

reduce the minimum and maximum grant amount by a uniform

percentage.

(d) Expected levels of performance as consideration

Notwithstanding any other provision of this section, for fiscal

year 2000, the Secretary shall not consider the expected levels of

performance under Public Law 105-332 (20 U.S.C. 2301 et seq.) and

shall not award a grant under subsection (a) of this section based

on the levels of performance for that Act.

-SOURCE-

(Pub. L. 105-220, title V, Sec. 503, Aug. 7, 1998, 112 Stat. 1244;

Pub. L. 105-277, div. A, Sec. 101(f) (title VIII, Sec. 404(f)),

Oct. 21, 1998, 112 Stat. 2681-337, 2681-417; Pub. L. 106-246, div.

B, title II, Sec. 2403(a)(1), July 13, 2000, 114 Stat. 555.)

-REFTEXT-

REFERENCES IN TEXT

Title I, referred to in subsecs. (a) and (b)(2)(C), is title I of

Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 939, which is classified

principally to chapter 30 (Sec. 2801 et seq.) of Title 29, Labor.

For complete classification of title I to the Code, see Tables.

Title II, referred to in subsecs. (a) and (b)(2)(C), is title II

of Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 1059, as amended, known

as the Adult Education and Family Literacy Act, which is classified

principally to subchapter I (Sec. 9201 et seq.) of this chapter.

For complete classification of title II to the Code, see Short

Title note set out under section 9201 of this title and Tables.

Public Law 105-332 (20 U.S.C. 2301 et seq.), referred to in

subsecs. (a), (b)(2)(B), (C), and (d), is Pub. L. 105-332, Oct. 31,

1998, 112 Stat. 3076, known as the Carl D. Perkins Vocational and

Applied Technology Education Amendments of 1998. For complete

classification of this Act to the Code, see Short Title of 1998

Amendment note set out under section 2301 of this title and Tables.

-MISC2-

AMENDMENTS

2000 - Subsecs. (a), (b)(2)(B), (C). Pub. L. 106-246, Sec.

2403(a)(1)(A), substituted ''under Public Law 105-332 (20 U.S.C.

2301 et seq.)'' for ''under Public Law 88-210 (as amended; 20

U.S.C. 2301 et seq.)''.

Subsec. (d). Pub. L. 106-246, Sec. 2403(a)(1)(B), added subsec.

(d).

1998 - Subsec. (a). Pub. L. 105-277 substituted ''adjusted'' for

''expected'' before ''levels of performance for title II''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2321, 9211 of this title;

title 29 sections 2801, 2821, 2871, 2919.

-CITE-

20 USC Sec. 9274 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 73 - ADULT EDUCATION AND LITERACY

SUBCHAPTER II - GENERAL PROVISIONS

-HEAD-

Sec. 9274. Privacy

-STATUTE-

(a) Effect on privacy protections

Nothing in this Act shall be construed to supersede the privacy

protections afforded parents and students under section 1232g of

this title.

(b) Prohibition on development of national database

(1) In general

Nothing in this Act shall be construed to permit the

development of a national database of personally identifiable

information on individuals receiving services under title I of

this Act (29 U.S.C. 2801 et seq.).

(2) Limitation

Nothing in paragraph (1) shall be construed to prevent the

proper administration of national programs under subtitles C and

D of title I of this Act (29 U.S.C. 2881 et seq., 2911 et seq.)

or to carry out program management activities consistent with

title I of this Act (29 U.S.C. 2801 et seq.).

-SOURCE-

(Pub. L. 105-220, title V, Sec. 504, Aug. 7, 1998, 112 Stat. 1245.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 105-220, Aug. 7, 1998,

112 Stat. 936, as amended, known as the Workforce Investment Act of

1998. Title I of the Act is classified principally to chapter 30

(Sec. 2801 et seq.) of Title 29, Labor. Subtitles C and D of title

I of the Act are classified generally to subchapters III (Sec. 2881

et seq.) and IV (Sec. 2911 et seq.), respectively, of chapter 30 of

Title 29. For complete classification of this Act to the Code, see

Short Title note set out under section 9201 of this title and

Tables.

-CITE-

20 USC Sec. 9275 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 73 - ADULT EDUCATION AND LITERACY

SUBCHAPTER II - GENERAL PROVISIONS

-HEAD-

Sec. 9275. Buy-American requirements

-STATUTE-

(a) Compliance with Buy American Act

None of the funds made available under title I (29 U.S.C. 2801 et

seq.), II (20 U.S.C. 9201 et seq.), or III or this subchapter may

be expended by an entity unless the entity agrees that in expending

the funds the entity will comply with the Buy American Act (41

U.S.C. 10a et seq.).

(b) Sense of the Congress; requirement regarding notice

(1) Purchase of American-made equipment and products

In the case of any equipment or product that may be authorized

to be purchased with financial assistance provided using funds

made available under title I (29 U.S.C. 2801 et seq.), II (20

U.S.C. 9201 et seq.), or III or this subchapter, it is the sense

of the Congress that entities receiving the assistance should, in

expending the assistance, purchase only American-made equipment

and products.

(2) Notice to recipients of assistance

In providing financial assistance using funds made available

under title I (29 U.S.C. 2801 et seq.), II (20 U.S.C. 9201 et

seq.), or III or this subchapter, the head of each Federal agency

shall provide to each recipient of the assistance a notice

describing the statement made in paragraph (1) by Congress.

(c) Prohibition of contracts with persons falsely labeling products

as made in America

If it has been finally determined by a court or Federal agency

that any person intentionally affixed a label bearing a ''Made in

America'' inscription, or any inscription with the same meaning, to

any product sold in or shipped to the United States that is not

made in the United States, the person shall be ineligible to

receive any contract or subcontract made with funds made available

in this subtitle, (FOOTNOTE 1) pursuant to the debarment,

suspension, and ineligibility procedures described in sections

9.400 through 9.409 of title 48, Code of Federal Regulations, as

such sections are in effect on August 7, 1998, or pursuant to any

successor regulations.

(FOOTNOTE 1) So in original. This section is not contained in a

subtitle.

-SOURCE-

(Pub. L. 105-220, title V, Sec. 505, Aug. 7, 1998, 112 Stat. 1245;

Pub. L. 105-277, div. A, Sec. 101(f) (title VIII, Sec. 401(18)),

Oct. 21, 1998, 112 Stat. 2681-337, 2681-412.)

-REFTEXT-

REFERENCES IN TEXT

Titles I, II, and III, referred to in subsecs. (a) and (b), are

titles I, II, and III of Pub. L. 105-220, Aug. 7, 1998, 112 Stat.

939, 1059, 1080, as amended. Title I is classified principally to

chapter 30 (Sec. 2801 et seq.) of Title 29, Labor. Title II, known

as the Adult Education and Family Literacy Act, is classified

principally to subchapter I (Sec. 9201 et seq.) of this chapter.

Title III enacted section 49l-2 of this title and section 4110B of

Title 38, Veterans' Benefits, amended sections 49a to 49c, 49d, 49e

to 49g, 49j, 49k, 633a, and 791 of this title, section 7103 of

Title 5, Government Organization and Employees, section 2311 of

Title 19, Customs Duties, and sections 655a, 2000e-16, and 3056 of

Title 42, The Public Health and Welfare, and enacted provisions set

out as notes under sections 49a, 633a, and 2701 of this title. For

complete classification of titles I, II, and III to the Code, see

Short Title note set out under section 9201 of this title and

Tables.

The Buy American Act, referred to in subsec. (a), is title III of

act Mar. 3, 1933, ch. 212, 47 Stat. 1520, as amended, which is

classified generally to sections 10a, 10b, and 10c of Title 41,

Public Contracts. For complete classification of this Act to the

Code, see Short Title note set out under section 10a of Title 41

and Tables.

-MISC2-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-277, Sec. 101(f) (title VIII,

Sec. 401(18)(A)), substituted ''under title I, II, or III or this

subchapter'' for ''in this Act''.

Subsec. (b)(1), (2). Pub. L. 105-277, Sec. 101(f) (title VIII,

Sec. 401(18)(B)), substituted ''under title I, II, or III or this

subchapter'' for ''under this Act''.

-CITE-

20 USC Sec. 9276 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 73 - ADULT EDUCATION AND LITERACY

SUBCHAPTER II - GENERAL PROVISIONS

-HEAD-

Sec. 9276. Transition provisions

-STATUTE-

(a) Workforce investment systems

The Secretary of Labor shall take such actions as the Secretary

determines to be appropriate to provide for the orderly transition

from any authority under the Job Training Partnership Act (29

U.S.C. 1501 et seq.) to the workforce investment systems

established under title I of this Act (29 U.S.C. 2801 et seq.).

Such actions shall include the provision of guidance relating to

the designation of State workforce investment boards, local

workforce investment areas, and local workforce investment boards

described in such title.

(b) Adult education and literacy programs

(1) In general

The Secretary of Education shall take such actions as the

Secretary determines to be appropriate to provide for the

transition from any authority under the Adult Education Act to

any authority under the Adult Education and Family Literacy Act

(20 U.S.C. 9201 et seq.) (as added by title II of this Act).

(2) Limitation

The authority to take actions under paragraph (1) shall apply

until July 1, 2000.

(c) Regulations

(1) Interim final regulations

Not later than 180 days after August 7, 1998, the Secretary of

Labor shall develop and publish in the Federal Register interim

final regulations relating to the transition to, and

implementation of, this Act.

(2) Final regulations

Not later than December 31, 1999, the Secretary shall develop

and publish in the Federal Register final regulations relating to

the transition to, and implementation of, this Act.

(d) Expenditure of funds during transition

(1) In general

Subject to paragraph (2) and in accordance with regulations

developed under subsection (c) of this section, States, grant

recipients, administrative entities, and other recipients of

financial assistance under the Job Training Partnership Act (29

U.S.C. 1501 et seq.) or under this Act may expend funds received

under the Job Training Partnership Act or under this Act, prior

to July 1, 2000, in order to plan and implement programs and

activities authorized under this Act.

(2) Additional requirements

Not to exceed 2 percent of any allotment to any State from

amounts appropriated under the Job Training Partnership Act or

under this Act for fiscal year 1998 or 1999 may be made available

to carry out planning authorized under paragraph (1) and not less

than 50 percent of any such amount used to carry out planning

authorized under paragraph (1) shall be made available to local

entities for the planning purposes described in such paragraph.

(e) Reorganization

Not later than 1 year after August 7, 1998, the Secretary of

Labor shall reorganize and align functions within the Department of

Labor and within the Employment and Training Administration in

order to carry out the duties and responsibilities required by this

Act (and related laws) in an effective and efficient manner.

-SOURCE-

(Pub. L. 105-220, title V, Sec. 506, Aug. 7, 1998, 112 Stat. 1246;

Pub. L. 105-277, div. A, Sec. 101(f) (title VIII, Sec. 401(19)),

Oct. 21, 1998, 112 Stat. 2681-337, 2681-412; Pub. L. 105-332, Sec.

4(2), Oct. 31, 1998, 112 Stat. 3126.)

-REFTEXT-

REFERENCES IN TEXT

The Job Training Partnership Act, referred to in subsecs. (a) and

(d), is Pub. L. 97-300, Oct. 13, 1982, 96 Stat. 1322, as amended,

which was classified generally to chapter 19 (Sec. 1501 et seq.) of

Title 29, Labor, prior to repeal by Pub. L. 105-220, title I, Sec.

199(b)(2), (c)(2)(B), Aug. 7, 1998, 112 Stat. 1059, effective July

1, 2000. For complete classification of this Act to the Code, see

Tables.

This Act, referred to in subsecs. (a) and (c) to (e), is Pub. L.

105-220, Aug. 7, 1998, 112 Stat. 936, as amended, known as the

Workforce Investment Act of 1998. Title I of the Act is classified

principally to chapter 30 (Sec. 2801 et seq.) of Title 29, Labor.

For complete classification of this Act to the Code, see Short

Title note set out under section 9201 of this title and Tables.

The Adult Education Act, referred to in subsec. (b)(1), is title

III of Pub. L. 89-750, Nov. 3, 1966, 80 Stat. 1216, as amended,

which was classified generally to chapter 30 (Sec. 1201 et seq.) of

this title, prior to repeal by Pub. L. 105-220, title II, Sec.

251(a)(1), Aug. 7, 1998, 112 Stat. 1079. For complete

classification of this Act to the Code, see Tables.

The Adult Education and Family Literacy Act, referred to in

subsec. (b)(1), is title II of Pub. L. 105-220, Aug. 7, 1998, 112

Stat. 1059, as amended, which is classified principally to

subchapter I (Sec. 9201 et seq.) of this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 9201 of this title and Tables.

-MISC2-

AMENDMENTS

1998 - Subsec. (b)(2). Pub. L. 105-332 amended heading and text

of par. (2) generally. Prior to amendment, text read as follows:

''The authority to take actions under paragraph (1) shall apply

only for the 1-year period beginning on August 7, 1998.''

Subsec. (d)(1). Pub. L. 105-277, Sec. 101(f) (title VIII, Sec.

401(19)(A)), substituted ''subsection (c)'' for ''subsection (b)''.

Subsec. (d)(2). Pub. L. 105-277, Sec. 101(f) (title VIII, Sec.

401(19)(B)), inserted ''planning authorized under'' after ''carry

out'' in two places and substituted ''the planning purposes'' for

''the purposes''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9224 of this title.

-CITE-