II

104TH CONGRESS

1ST SESSION S. 797

To provide assistance to States and local communities to improve adult

education and family literacy, to help achieve the National Educational

Goals for all citizens, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 11 (legislative day, MAY 1), 1995

Mr. KENNEDY introduced the following bill; which was read twice and referred

to the Committee on Labor and Human Resources

A BILL

To provide assistance to States and local communities to

improve adult education and family literacy, to help

achieve the National Educational Goals for all citizens,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That this Act may be cited as the ‘‘Adult Education and

4 Family Literacy Reform Act of 1995’’.
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1 TITLE I—AMENDMENT TO THE ADULT

2 EDUCATION ACT AMENDMENT

3 SECTION 1. The Adult Education Act (20 U.S.C.

4 1201 et seq.; hereinafter referred to as ‘‘the Act’’) is

5 amended in its entirety to read as follows:

6 ‘‘SHORT TITLE; TABLE OF CONTENTS

7 ‘‘SEC. 101. (a) SHORT TITLE.—This Act may be

8 cited as the ‘Adult Education and Family Literacy Act’.

9 ‘‘(b) TABLE OF CONTENTS.—The table of contents

10 for this Act is as follows:

‘‘TABLE OF CONTENTS

‘‘Sec. 1. Short title; table of contents.

‘‘Sec. 2. Findings; purpose.

‘‘Sec. 3. Authorization of appropriations.

‘‘TITLE I—ADULT EDUCATION AND FAMILY LITERACY

‘‘Sec. 101. Program authority; priorities.

‘‘Sec. 102. State grants for adult education and family literacy.

‘‘Sec. 103. State leadership activities.

‘‘Sec. 104. Even Start Family Literacy Program.

‘‘Sec. 105. State administration.

‘‘Sec. 106. State plan.

‘‘Sec. 107. Subgrants to eligible applicants.

‘‘Sec. 108. Applications from eligible applicants.

‘‘Sec. 109. State performance goals and indicators.

‘‘Sec. 110. Evaluation, improvement, and accountability.

‘‘Sec. 111. Allotments; reallotment.

‘‘TITLE II—NATIONAL LEADERSHIP

‘‘Sec. 201. National leadership activities.

‘‘Sec. 202. Awards for national excellence.

‘‘Sec. 203. National Institute for Literacy.

‘‘TITLE III—GENERAL PROVISIONS

‘‘Sec. 301. Waivers.

‘‘Sec. 302. Definitions.
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1 ‘‘FINDINGS; PURPOSE

2 ‘‘SEC. 2. (a) FINDINGS.—The Congress finds the fol3 lowing:

4 ‘‘(1) Our Nation’s well-being is dependent on

5 the knowledge, skills, and abilities of all of its citi6 zens.

7 ‘‘(2) Advances in technology and changes in the

8 workplace are rapidly increasing the knowledge and

9 skill requirements for workers.

10 ‘‘(3) Our social cohesion and success in combat11 ting poverty, crime, and disease also depend on the

12 Nation’s having an educated citizenry.

13 ‘‘(4) The success of State and local educational

14 reforms supported by the Goals 2000: Educate

15 America Act and other programs that State and

16 local communities are implementing requires that

17 parents be well educated and possess the ability to

18 be a child’s first and most continuous teacher.

19 ‘‘(5) There is a strong relationship between

20 educational attainment and welfare dependence.

21 Adults with very low levels of literacy are ten times

22 as likely to be poor as those with high levels of lit23 eracy.

24 ‘‘(6) Studies, including the National Adult Lit25 eracy Survey, have found that more than one-fifth of
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1 American adults demonstrate very low literacy skills

2 that make it difficult for them to enter high-skill,

3 high-wage jobs, to assist effectively in their chil4 dren’s education, or to carry out their responsibil5 ities as citizens.

6 ‘‘(7) National studies have also shown that ex7 isting federally supported adult education programs

8 have assisted many adults in acquiring basic literacy

9 skills, learning English, or acquiring a high school

10 diploma (or its equivalent), and family literacy pro11 grams have shown great potential for breaking the

12 intergenerational cycle of low literacy and having a

13 positive effect on later school performance and high

14 school completion, especially for children from low15 income families.

16 ‘‘(8) Current adult education programs, how17 ever, are often narrowly focused on specific popu18 lations or methods of service delivery, have conflict19 ing or overlapping requirements, and are not admin20 istered in an integrated manner, thus inhibiting the

21 capacity of State and local officials to implement

22 programs that meet the needs of individual States

23 and localities.

24 ‘‘(9) The President’s GI Bill for America’s

25 Workers, of which this Act is a key component, will
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1 help strengthen the capacity of States, educational

2 institutions, and businesses, working together, to up3 grade the skills and literacy levels of youth and

4 adults.

5 ‘‘(10) The Federal Government can, through a

6 performance partnership with States and localities

7 based on clear State-developed goals and indicators,

8 increased State and local flexibility, improved ac9 countability and incentives for performance, and en10 hanced consumer choice and information, assist

11 States and localities with the improvement and ex12 pansion of their adult education and family literacy

13 programs.

14 ‘‘(11) The Federal Government can also assist

15 States and localities by carrying out research, devel16 opment, demonstration, dissemination, evaluation,

17 capacity-building, data collection, professional devel18 opment, and technical assistance activities that sup19 port State and local efforts to implement success20 fully services and activities that are funded under

21 this Act, as well as adult education and family lit22 eracy activities supported with non-Federal re23 sources.

24 ‘‘(b) PURPOSE.—(1) It is the purpose of this Act to

25 create a performance partnership with States and local-
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1 ities for the provision of adult education and family lit2 eracy services so that, as called for in the National Edu3 cation Goals, all adults who need such services will, as ap4 propriate, be able to—

5 ‘‘(A) become literate and obtain the knowledge

6 and skills needed to compete in a global economy

7 and exercise the rights and responsibilities of citizen8 ship;

9 ‘‘(B) complete a high school education;

10 ‘‘(C) become and remain actively involved in

11 their children’s education in order to ensure their

12 children’s readiness for, and success in, school.

13 ‘‘(2) This purpose shall be pursued through—

14 ‘‘(A) building on State and local education re15 forms supported by the Goals 2000: Educate Amer16 ica Act and other Federal and State legislation;

17 ‘‘(B) consolidating numerous Federal adult edu18 cation and literacy programs into a single, flexible

19 grant;

20 ‘‘(C) tying local programs to challenging State21 developed performance goals that are consistent with

22 the purpose of this Act;

23 ‘‘(D) holding States and localities accountable

24 for achieving such goals;
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1 ‘‘(E) building program quality though such

2 measures as encouraging greater use of new tech3 nologies in adult education and family literacy pro4 grams and better professional development of edu5 cators working in those programs;

6 ‘‘(F) integrating adult education and family lit7 eracy programs with States’ school-to-work opportu8 nities systems, career preparation education services

9 and activities, job training programs, early childhood

10 and elementary school programs, and other related

11 activities; and

12 ‘‘(G) supporting the improvement of State and

13 local activities through nationally significant efforts

14 in research, development, demonstration, dissemina15 tion, evaluation, capacity-building, data collection,

16 professional development, and technical assistance.

17 ‘‘AUTHORIZATION OF APPROPRIATIONS

18 ‘‘SEC. 3. (a) STATE GRANTS FOR ADULT EDUCATION

19 AND FAMILY LITERACY.—For the purpose of carrying out

20 this Act there are authorized to be appropriated

21 $490,487,000 for fiscal year 1996 and such sums as may

22 be necessary for each of the fiscal years 1997 through

23 2005.

24 ‘‘(b) RESERVATIONS.—(1) Except as provided in

25 paragraph (2), from the amount appropriated for any fis26 cal year under subsection (a), the Secretary may reserve—
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1 ‘‘(A) not more than 5 percent to carry out sec2 tion 202;

3 ‘‘(B) not more than 3 percent to carry out sec4 tions 201 and 203; and

5 ‘‘(C) not more than $5,000,000 for Even Start

6 family literacy programs for migratory families and

7 Indian families under section 104(c).

8 ‘‘(2) The Secretary may reserve funds under para9 graph (1)(A) beginning in fiscal year 1998.

10 ‘‘TITLE I—ADULT EDUCATION AND FAMILY

11 LITERACY

12 ‘‘PROGRAM AUTHORITY; PRIORITIES

13 ‘‘SEC. 101. (a) PROGRAM AUTHORIZED.—In order to

14 prepare adults for family, work, citizenship, and job train15 ing, and adults and their children for success in future

16 learning, funds under this title shall be used to support

17 the development, implementation, and improvement of

18 adult education and family literacy programs at the State

19 and local levels.

20 ‘‘(b) PROGRAM PRIORITIES.—In using funds under

21 this title, States and local recipients shall give priority

22 to—

23 ‘‘(1) services and activities designed to ensure

24 that all adults have the opportunity to achieve to

25 challenging State performance standards for literacy
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1 proficiency, including basic literacy, English lan2 guage proficiency, and completion of high school or

3 its equivalent;

4 ‘‘(2) services and activities designed to enable

5 parents to prepare their children for school, enhance

6 their children’s language and cognitive abilities, and

7 promote their own career advancement; and

8 ‘‘(3) adult education and family literacy pro9 grams that—

10 ‘‘(A) are built on a strong foundation of

11 research and effective educational practices;

12 ‘‘(B) effectively employ advances in tech13 nology, as well as learning in the context of

14 family, work, and the community;

15 ‘‘(C) are staffed by well-trained instruc16 tors, counselors, and administrators;

17 ‘‘(D) are of sufficient intensity and dura18 tion for participants to achieve substantial

19 learning gains;

20 ‘‘(E) establish strong links with elementary

21 and secondary schools, postsecondary institu22 tions, one-stop career centers, job-training pro23 grams, and social service agencies; and

24 ‘‘(F) offer flexible schedules and, when

25 necessary, support services to enable people, in-
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1 cluding adults with disabilities or other special

2 needs, to attend and complete programs.

3 ‘‘STATE GRANTS FOR ADULT EDUCATION AND FAMILY

4 LITERACY

5 ‘‘SEC. 102. (a) STATE GRANT.—From the funds

6 available for State grants under section 3 for each fiscal

7 year, the Secretary shall, in accordance with section 111,

8 make a grant to each State that has an approved State

9 plan under section 106, to assist that State in developing,

10 implementing, and improving adult education and family

11 literacy programs within the State.

12 ‘‘(b) RESERVATION OF FUNDS.—From the amount

13 awarded to a State for any fiscal year under subsection

14 (a), the State—

15 ‘‘(1) may use up to 5 percent, or $80,000,

16 whichever is greater, for the cost of administering its

17 program under this title;

18 ‘‘(2) may use up to 10 percent for leadership

19 activities under section 103;

20 ‘‘(3)(A) may, beginning in fiscal year 1998, use

21 up to 5 percent for financial incentives or awards to

22 one or more eligible recipients in recognition of—

23 ‘‘(i) exemplary quality or innovation in

24 adult education or family literacy services and

25 activities; or
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1 ‘‘(ii) exemplary services and activities for

2 individuals who are most in need of such serv3 ices and activities, or are hardest to serve, such

4 as adults with disabilities or other special

5 needs; or

6 ‘‘(iii) both.

7 ‘‘(B) The incentives or awards made under sub8 paragraph (A) shall be determined by the State

9 through a peer review process, using the perform10 ance goals and indicators described in section 109

11 and, if appropriate, other criteria; and

12 ‘‘(4) shall use the remainder for subgrants to

13 eligible applicants under section 107, except that at

14 least 25 percent of the remainder shall be used for

15 Even Start family literacy programs under section

16 104, unless the State demonstrates in its State plan

17 under section 106, to the satisfaction of the Sec18 retary, that it will otherwise meet the needs of indi19 viduals in the State for family literacy programs in

20 a manner that is consistent with the purpose of this

21 Act.

22 ‘‘(c) FEDERAL SHARE.—(1) The Federal share of ex23 penditures to carry out a State plan under section 106

24 shall be paid from the State’s grant under subsection (a).
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1 ‘‘(2) The Federal share shall be no greater than 75

2 percent of the cost of carrying out the State plan for each

3 fiscal year, except that with respect to Guam, American

4 Samoa, the Virgin Islands, and the Northern Mariana Is5 lands the Federal share may be 100 percent.

6 ‘‘(3) The State’s share of expenditures to carry out

7 a State plan submitted under section 106 may be in cash

8 or in kind, fairly evaluated, and may include only non9 Federal funds that are used for adult education and family

10 literacy activities in a manner that is consistent with the

11 purpose of this Act.

12 ‘‘(d) MAINTENANCE OF EFFORT.—(1) A State may

13 receive funds under this title for any fiscal year only if

14 the Secretary finds that the aggregate expenditures of the

15 State for adult education and family literacy by such State

16 for the preceding fiscal year were not less than 90 percent

17 of such aggregate expenditures for the second preceding

18 fiscal year.

19 ‘‘(2) The Secretary shall reduce the amount of the

20 allocation of funds under section 111 for any fiscal year

21 in the exact proportion to which a State fails to meet the

22 requirement of paragraph (1) by falling below 90 percent

23 of the aggregate expenditures for adult education and

24 family literacy for the second preceding fiscal year.
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1 ‘‘(3) The Secretary may waive the requirements of

2 this subsection if the Secretary determines that a waiver

3 would be equitable due to exceptional or uncontrollable cir4 cumstances, such as a natural disaster or a precipitous

5 decline in the financial resource of the State.

6 ‘‘(4) No lesser amount of State expenditures under

7 paragraphs (2) and (3) may be used for computing the

8 effort required under paragraph (1) for subsequent years.

9 ‘‘STATE LEADERSHIP ACTIVITIES

10 ‘‘SEC. 103. (a) STATE LEADERSHIP.—Each State

11 that receives a grant under section 102(a) for any fiscal

12 year shall use funds reserved for State leadership under

13 section 102(b)(2) to conduct activities of Statewide signifi14 cance that develop, implement, or improve programs of

15 adult education and family literacy, consistent with its

16 State plan under section 106.

17 ‘‘(b) USES OF FUNDS.—States shall use funds under

18 subsection (a) for one or more of the following—

19 ‘‘(1) professional development and training;

20 ‘‘(2) disseminating curricula for adult education

21 and family literacy programs;

22 ‘‘(3) monitoring and evaluating the quality of,

23 and improvement in, services and activities con24 ducted with assistance under this title, including es25 tablishing performance goals and indicators under
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1 section 109(a), in order to assess program quality

2 and improvement;

3 ‘‘(4) establishing State content standards for

4 adult education and family literacy programs;

5 ‘‘(5) establishing challenging State performance

6 standards for literacy proficiency;

7 ‘‘(6) promoting the integration of literacy in8 struction and occupational skill training, and link9 ages with employers;

10 ‘‘(7) promoting the use of and acquiring in11 structional and management software and tech12 nology;

13 ‘‘(8) establishing or operating State or regional

14 adult literacy resource centers;

15 ‘‘(9) developing and participating in networks

16 and consortia of States that seek to establish and

17 implement adult education and family literacy pro18 grams that have significance to the State or region,

19 and may have national significance; and

20 ‘‘(10) other activities of Statewide significance

21 that promote the purposes of this Act.

22 ‘‘EVEN START FAMILY LITERACY PROGRAMS

23 ‘‘SEC. 104. (a) EVEN START GRANTS.—Each State

24 that receives a grant under section 102(a) for any fiscal

25 year shall use funds reserved under section 102(b)(4) to
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1 award subgrants to partnerships described in subsection

2 (b)(5) to carry out Even Start family literacy programs.

3 ‘‘(b) PROGRAM ELEMENTS.—An Even Start family

4 literacy program shall—

5 ‘‘(1) provide opportunities (including opportuni6 ties for home-based instructional services) for joint

7 participation by parents or guardians (including par8 ents or guardians who are within the State’s com9 pulsory school attendance age range, so long as a

10 local educational agency provides, or ensures the

11 availability of, their basic education), other family

12 members, and children;

13 ‘‘(2) provide developmentally appropriate child14 hood education for children from birth through age

15 seven;

16 ‘‘(3) identify and recruit families that are most

17 in need of family literacy services, as indicated by

18 low levels of income and adult literacy (including

19 limited English proficiency), and such other need-re20 lated indicators as may be appropriate;

21 ‘‘(4) enable participants, including individuals

22 with disabilities or other special needs, to succeed

23 through services and activities designed to meet

24 their needs, such as support services and flexible

25 class schedules; and
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1 ‘‘(5) except as provided in subsection (c), be op2 erated by a partnership composed of—

3 ‘‘(A) one or more local educational agen4 cies; and

5 ‘‘(B) one or more community-based organi6 zations, institutions of higher education, private

7 non-profit organizations, or public agencies (in8 cluding correctional institutions or agencies)

9 other than local educational agencies.

10 ‘‘(c) MIGRATORY AND INDIAN FAMILIES.—From

11 funds reserved under section 3(b)(1)(C) for any fiscal

12 year, the Secretary shall, under such terms and conditions

13 as the Secretary shall establish, support Even Start family

14 literacy programs through grants to, or cooperative agree15 ments with—

16 ‘‘(1) eligible applicants under section 107(b) for

17 migratory families; and

18 ‘‘(2) Indian tribes and tribal organizations for

19 Indian families.

20 ‘‘STATE ADMINISTRATION

21 ‘‘SEC. 105. (a) DESIGNATED STATE AGENCY OR

22 AGENCIES.—A State desiring to receive a grant under sec23 tion 102(a) shall, consistent with State law, designate an

24 education agency or agencies that shall be responsible for

25 the administration of services and activities under this

26 title, including—
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1 ‘‘(1) the development, submission, and imple2 mentation of the State plan;

3 ‘‘(2) consultation with other appropriate agen4 cies, groups, and individuals that are involved in, or

5 interested in, the development and implementation

6 of programs assisted under this title, such as busi7 ness, industry, labor organizations, and social service

8 agencies; and

9 ‘‘(3) coordination with other State and Federal

10 education, training, employment, and social service

11 programs, and one-stop career centers.

12 ‘‘(b) STATE-IMPOSED REQUIREMENTS.—Whenever a

13 State imposes any rule or policy relating to the adminis14 tration and operation of programs funded by this title (in15 cluding any rule or policy based on State interpretation

16 of any Federal law, regulation, or guideline), it shall iden17 tify the rule or policy as a State-imposed requirement.

18 ‘‘STATE PLAN

19 ‘‘SEC. 106. (a) FIVE-YEAR PLANS.—(1) Except as

20 provided in subsection (f), each State desiring to receive

21 a grant under this title for any fiscal year shall submit

22 to, or have on file with, the Secretary a five-year State

23 plan in accordance with this section. Each State plan sub24 mitted to the Secretary shall be approved by the des25 ignated State agency or agencies under section 105(a).
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1 ‘‘(2) The State may submit its State plan as part

2 of a comprehensive plan that includes State plan provi3 sions under one or more of the following statutes: section

4 14302 of the Elementary and Secondary Education Act

5 of 1965; the Carl D. Perkins Career Preparation Edu6 cation Act of 1995; the Goals 2000: Educate America Act;

7 the Job Training Partnership Act, and the School-to-Work

8 Opportunities Act of 1994.

9 ‘‘(b) PLAN ASSESSMENT.—In developing its State

10 plan, and any revisions to the State plan under subsection

11 (e), the State shall base its plan or revisions on a recent,

12 objective assessment of—

13 ‘‘(1) the needs of individuals in the State for

14 adult education and family literacy programs, in15 cluding individuals most in need or hardest to serve

16 (such as educationally disadvantaged adults and

17 families, recent immigrants, individuals with limited

18 English proficiency, incarcerated individuals, home19 less individuals, recipients of public assistance, and

20 individuals with disabilities);

21 ‘‘(2) the capacity of programs and providers to

22 meet those needs, taking into account the priorities

23 under section 101 and the State’s performance goals

24 under section 109(a).
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1 ‘‘(c) PUBLIC PARTICIPATION.—In developing its

2 State plan, and any revisions under subsection (e), the

3 State shall consult widely with individuals, agencies, orga4 nizations, and institutions in the State that have an inter5 est in the provision and quality of adult education and

6 family literacy, including—

7 ‘‘(1) individuals who currently participate, or

8 who want to participate, in adult education and fam9 ily literacy programs;

10 ‘‘(2) practitioners and experts in adult edu11 cation and family literacy, social services, and

12 workforce development; and

13 ‘‘(3) representatives of business and labor.

14 ‘‘(d) PLAN CONTENTS.—The plan shall be in such

15 form and contain such information and assurances as the

16 Secretary may require, and shall include—

17 ‘‘(1) a summary of the methods used to conduct

18 the assessment under subsection (b) and the find19 ings of that assessment;

20 ‘‘(2) a description of how, in addressing the

21 needs identified in the State’s assessment, funds

22 under this title will be used to establish adult edu23 cation and family literacy programs, or improve or

24 expand current programs, that will lead to high-
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1 quality learning outcomes, including measurable

2 learning gains, for individuals in such programs;

3 ‘‘(3) a statement of the State’s performance

4 goals and indicators established under section 109,

5 or, in the first plan, a description of how the State

6 will establish such performance goals and indicators;

7 ‘‘(4) a description of the criteria the State will

8 use to award funds under this title to eligible appli9 cants under section 107, including how the State

10 will ensure that its selection of applicants to operate

11 programs assisted under this title will reflect the

12 findings of program evaluations carried out under

13 section 110(a);

14 ‘‘(5) a description of how the State will inte15 grate services and activities under this Act, includ16 ing planning and coordination of programs, with

17 those of other agencies, institutions, and organiza18 tions involved in adult education and family literacy,

19 such as the public school system, early childhood

20 education programs, social service agencies, busi21 ness, labor unions, libraries, institutions of higher

22 education, public health authorities, vocational edu23 cation and special education programs, one-stop ca24 reer centers, and employment or training programs,
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1 in order to ensure effective use of funds and to avoid

2 duplication of services;

3 ‘‘(6) a description of the leadership activities

4 the State will carry out under section 103;

5 ‘‘(7) any comments the Governor may have on

6 the State plan; and

7 ‘‘(8) assurances that—

8 ‘‘(A) the State will comply with the re9 quirements of this Act and the provisions of the

10 State plan;

11 ‘‘(B) the State will use such fiscal control

12 and accounting procedures as are necessary for

13 the proper and efficient administration of this

14 title; and

15 ‘‘(C) programs funded under this title will

16 be of such size, scope, and quality as to give re17 alistic promise of furthering the purpose of this

18 Act.

19 ‘‘(e) PLAN REVISIONS.—When changes in conditions

20 or other factors require substantial modifications to an ap21 proved State plan, the designated State agency or agencies

22 shall submit a revision to the plan to the Secretary. Such

23 a revision shall be approved by the designated State agen24 cy or agencies.
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1 ‘‘(f) PLANNING YEAR.—(1) For fiscal year 1996

2 only, a State may submit a one year State plan to the

3 Secretary that either satisfies the specific requirements of

4 this section or describes how the State will complete the

5 development of its State plan with respect to those specific

6 requirements within the following year. A State may use

7 funds reserved under section 102(b)(2) to complete the de8 velopment of its State plan.

9 ‘‘(2) A one year State plan under this subsection

10 shall—

11 ‘‘(A) be developed in accordance with subsection

12 (c); and

13 ‘‘(B) contain the assurances described in sub14 section (d)(8).

15 ‘‘(3) In order to receive a grant under section 102(a)

16 for fiscal year 1997, a State that submits a one year State

17 plan under this subsection shall submit a four year State

18 plan that covers fiscal year 1997 and the three succeeding

19 fiscal years.

20 ‘‘(g) CONSULTATION.—The designated State agency

21 or agencies shall—

22 ‘‘(1) submit the State plan, and any revision to

23 the State plan, to the Governor for review and com24 ment; and
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1 ‘‘(2) ensure that any comments the Governor

2 may have are included with the State plan, or revi3 sion, when the State plan, or revision, is submitted

4 to the Secretary.

5 ‘‘(h) PLAN APPROVAL.—(1) The Secretary shall ap6 prove a State plan, or a revision to an approved State

7 plan, if it meets the requirements of this section and is

8 of sufficient quality to meet the purpose of this Act, and

9 shall not finally disapprove a State plan, or a revision to

10 an approved State plan, except after giving the State rea11 sonable notice and an opportunity for a hearing.

12 ‘‘(2) The Secretary shall establish a peer review proc13 ess to make recommendations regarding approval of State

14 plans and revisions to the State plans.

15 ‘‘SUBGRANTS TO ELIGIBLE APPLICANTS

16 ‘‘SEC. 107. (a) AUTHORITY.—(1) From funds avail17 able under section 102(b)(4), States shall make subgrants

18 to eligible applicants under subsection (b) to develop, im19 plement, and improve adult education and family literacy

20 programs within the State.

21 ‘‘(2) To the extent practicable, States shall make

22 multi-year subgrants under this section.

23 ‘‘(b) ELIGIBILITY.—(1) Except as provided for

24 subgrants for Even Start family literacy programs under

25 section 104, the following entities shall be eligible to apply

26 to the State for a subgrant under this section:
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1 ‘‘(A) local educational agencies;

2 ‘‘(B) community-based organizations;

3 ‘‘(C) institutions of higher education;

4 ‘‘(D) public and private nonprofit agencies (in5 cluding State and local welfare agencies, corrections

6 agencies, public libraries, and public housing au7 thorities); and

8 ‘‘(E) consortia of such agencies, organizations,

9 institutions, or partnerships, including consortia that

10 include one or more for-profit agencies, organiza11 tions, or institutions, if such agencies, organizations,

12 or institutions can make a significant contribution to

13 attaining the objectives of this Act.

14 ‘‘(2) Each State receiving funds under this title shall

15 ensure that all eligible applicants described under sub16 section (b)(1) receive equitable consideration for subgrants

17 under this section.

18 ‘‘APPLICATIONS FROM ELIGIBLE APPLICANTS

19 ‘‘SEC. 108. (a) APPLICATION.—Any eligible applicant

20 under sections 104(a) or 107(b)(1) that desires a subgrant

21 under this title shall submit an application to the State

22 containing such information and assurances as the State

23 may reasonably require, including—

24 ‘‘(1) a description of the applicant’s current

25 adult education and family literacy programs, if any;
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1 ‘‘(2) a description of how funds awarded under

2 this title will be spent;

3 ‘‘(3) a description of how the applicant’s pro4 gram will help the State address the needs identified

5 in the State’s assessment under section 106(b)(1);

6 ‘‘(4) the projected goals of the applicant with

7 respect to participant recruitment, retention, and

8 educational achievement, and how the applicant will

9 measure and report to the State regarding the infor10 mation required in section 110(a); and

11 ‘‘(5) any cooperative arrangements the appli12 cant has with others (including arrangements with

13 social service agencies, one-stop career centers, busi14 ness, industry, and volunteer literacy organizations)

15 that have been made to deliver adult education and

16 family literacy programs.

17 ‘‘(b) FUNDING.—In determining which applicants re18 ceive funds under this title, the State shall—

19 ‘‘(1) give preference to those applicants that

20 serve local areas with high concentrations of individ21 uals in poverty or with low levels of literacy (includ22 ing English language proficiency), or both; and

23 ‘‘(2) consider—

24 ‘‘(A) the results of the evaluations required

25 under section 110(a), if any; and
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1 ‘‘(B) the degree to which the applicant will

2 coordinate with and utilize other literacy and

3 social services available in the community.

4 ‘‘STATE PERFORMANCE GOALS AND INDICATORS

5 ‘‘SEC. 109. (a) STATE-ESTABLISHED PERFORMANCE

6 GOALS AND INDICATORS.—Any State desiring to receive

7 a grant under section 102(a), in consultation with individ8 uals, agencies, organizations, and institutions described in

9 section 106(c), shall—

10 ‘‘(1) identify performance goals that define the

11 level of student achievement to be attained by adult

12 education and family literacy programs, and express

13 such goals in an objective, quantifiable, and measur14 able form;

15 ‘‘(2) identify performance indicators that State

16 and local recipients will use in measuring or assess17 ing progress toward achieving such goals; and

18 ‘‘(3) by July 1, 1997, ensure that the State

19 performance indicators include, at least—

20 ‘‘(A) achievement in linguistic skills, in21 cluding English language skills;

22 ‘‘(B) receipt of a high school diploma or its

23 equivalent;

24 ‘‘(C) entry into a postsecondary school, job

25 training program, employment, or career ad26 vancement; and
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1 ‘‘(D) successful transition of children to

2 school.

3 ‘‘(b) TRANSITION.—Except as provided in subsection

4 (a)(3), each State receiving funds under this title may con5 tinue to use the indicators of program quality it developed

6 under section 331(a)(2) of the Adult Education Act as in

7 effect before the date of enactment of the Adult Education

8 and Family Literacy Reform Act of 1995, to the extent

9 that they are consistent with the State’s performance

10 goals.

11 ‘‘(c) TECHNICAL ASSISTANCE.—The Secretary shall

12 provide technical assistance to States regarding the devel13 opment of the State’s performance goals and indicators

14 under subsection (a). Notwithstanding any other provision

15 of law, the Secretary may use funds reserved under section

16 3(b)(1)(B) to provide technical assistance under this sec17 tion.

18 ‘‘EVALUATION, IMPROVEMENT, AND ACCOUNTABILITY

19 ‘‘SEC. 110. (a) LOCAL EVALUATION.—Each recipient

20 of a subgrant under this title shall biennially evaluate,

21 using the performance goals and indicators established

22 under section 109, the programs supported under this title

23 and report to the State regarding the effectiveness of its

24 programs in addressing the priorities under section 101

25 and the needs identified in the State assessment under

26 section 106(b)(1).
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1 ‘‘(b) IMPROVEMENT ACTIVITIES.—If a State deter2 mines, based on the applicable performance goals and indi3 cators established under section 109 and the evaluations

4 under subsection (a), that a subgrant recipient is not mak5 ing substantial progress in achieving the purpose of this

6 Act, the State may work jointly with the local recipient

7 to develop an improvement plan. If, after not more than

8 two years of implementation of the improvement plan, the

9 State determines that the recipient is not making substan10 tial progress, the State shall take whatever corrective ac11 tion it deems necessary, which may include termination

12 of funding or the implementation of alternative service ar13 rangements, consistent with State law. The State shall

14 take corrective action under the preceding sentence only

15 after it has provided technical assistance to the recipient

16 and shall ensure that any corrective action it takes allows

17 for continued services and activities to the recipient’s stu18 dents.

19 ‘‘(c) STATE REPORT.—The State shall biennially re20 port to the Secretary on the quality and effectiveness of

21 the adult education and family literacy programs funded

22 through its subgrants under this title, based on the per23 formance goals and indicators under section 109(a) and

24 the needs identified in the State assessment under section

25 106(b)(1).
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1 ‘‘(d) TECHNICAL ASSISTANCE.—If the Secretary de2 termines that the State is not properly implementing its

3 responsibilities under subsection (b), or is not making sub4 stantial progress in meeting the purpose of this Act, based

5 on its performance goals and indicators under section

6 109(a), the Secretary shall work with the State to imple7 ment improvement activities.

8 ‘‘(e) WITHHOLDING OF FEDERAL FUNDS.—If, after

9 a reasonable time, but not earlier than one year after im10 plementing activities described in subsection (d), the Sec11 retary determines that the State is not making sufficient

12 progress, based on its performance goals and indicators

13 under section 109(a), the Secretary shall, after notice and

14 opportunity for a hearing, withhold from the State all, or

15 a portion, of the State’s allotment under this title. The

16 Secretary may use funds withheld under the preceding

17 sentence to provide, through alternative arrangements,

18 services and activities within the State that meet the pur19 poses of this Act.

20 ‘‘ALLOTMENTS; REALLOTMENT

21 ‘‘SEC. 111. (a) ALLOTMENT TO STATES.—(1) Sub22 ject to subsection (b), from the funds available under sec23 tion 102(a) for each fiscal year, the Secretary shall allot

24 to each State—

25 ‘‘(A) a sum that bears the same ratio to one26 half that amount as the number of individuals in the
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1 State who are 16 years of age or older and not en2 rolled, or required to be enrolled, in secondary school

3 and who do not possess a high school diploma or its

4 equivalent, bears to the number of such individuals

5 in all the States; and

6 ‘‘(B) a sum that bears the same ratio to one7 half that amount as the number of individuals in the

8 State who are 18 years of age or older and who are

9 living at or below poverty bears to the number of

10 such individuals in all the States.

11 ‘‘(2)(A) The Secretary shall allot to the Common12 wealth of Puerto Rico an amount equal to 2.95 percent

13 of the funds available under section 102(a) for each fiscal

14 year.

15 ‘‘(B) For the purpose of this subsection, the term

16 ’State’ shall be deemed to exclude the Commonwealth of

17 Puerto Rico.

18 ‘‘(3) The numbers of individuals specified in para19 graph (1) shall be determined by the Secretary on the

20 basis of the latest estimates available to the Department

21 that are satisfactory to the Secretary.

22 ‘‘(b) HOLD-HARMLESS.—(1) Notwithstanding any

23 other provision of law and subject to paragraph (2)—

24 ‘‘(A) for fiscal year 1996, no State shall receive

25 under title I of this Act less than 90 percent of the
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1 sum of the payments made to the State for the fiscal

2 year 1995 for programs authorized by section 313 of

3 the Adult Education Act, section 1202 of the Ele4 mentary and Secondary Education Act of 1965, and

5 sections 202(c)(1)(C) and 262(c)(1)(C) of the Job

6 Training Partnership Act, as they were in effect

7 prior to the enactment of the Adult Education and

8 Family Literacy Reform Act of 1995; and

9 ‘‘(B) for fiscal year 1997, no State shall receive

10 under title I of this Act less than 90 percent of the

11 amount it received under title I for fiscal year 1996.

12 ‘‘(2) If for any fiscal year the amount available for

13 allotment under this section is insufficient to satisfy the

14 provisions of paragraph (1), the Secretary shall ratably

15 reduce the payments to all States for such services and

16 activities as necessary.

17 ‘‘(c) REALLOTMENT.—If the Secretary determines

18 that any amount of a State’s allotment under this section

19 for any fiscal year will not be required for carrying out

20 the program for which such amount has been allotted, the

21 Secretary shall make such amount available for reallot22 ment to one or more other States on a basis that the Sec23 retary determines would best serve the purposes of this

24 Act. Any amount reallotted to a State under this sub-
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1 section shall be deemed to be part of its allotment for the

2 fiscal year in which it is obligated.

3 ‘‘(d) REPORT.—The Secretary shall, by September

4 30, 2000—

5 ‘‘(1) conduct a study to determine the availabil6 ity and reliability of statistical data on the number

7 of immigrants and limited English proficient individ8 uals in each State; and

9 ‘‘(2) report to the Congress on the feasibility

10 and advisability of including such populations as fac11 tors in the formula under subsection (a)(1).

12 ‘‘TITLE II — NATIONAL LEADERSHIP

13 ‘‘NATIONAL LEADERSHIP ACTIVITIES

14 ‘‘SEC. 201. (a) AUTHORITY.—From the amount re15 served under section 3(b)(1)(B) for any fiscal year, the

16 Secretary is authorized to establish a program of national

17 leadership and evaluation activities to enhance the quality

18 of adult education and family literacy nationwide.

19 ‘‘(b) METHOD OF FUNDING.—The Secretary may

20 carry out national leadership and evaluation activities di21 rectly or through grants, contracts, and cooperative agree22 ments.

23 ‘‘(c) USES OF FUNDS.—Funds used under this sec24 tion may be used for—

25 ‘‘(1) research and development;
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1 ‘‘(2) demonstration of model and innovative

2 programs;

3 ‘‘(3) dissemination;

4 ‘‘(4) evaluations and assessments, including

5 independent assessments of services and activities

6 assisted under this Act and of the condition and

7 progress of literacy in the United States;

8 ‘‘(5) capacity building at the State and local

9 levels;

10 ‘‘(6) data collection;

11 ‘‘(7) professional development;

12 ‘‘(8) technical assistance; and

13 ‘‘(9) other activities designed to enhance the

14 quality of adult education and family literacy nation15 wide.

16 ‘‘AWARDS FOR NATIONAL EXCELLENCE

17 ‘‘SEC. 202. The Secretary may, from the amount re18 served under section 3(b)(1)(A) for any fiscal year after

19 fiscal year 1997, and through a peer review process, make

20 performance awards to one or more States that have—

21 ‘‘(1) exceeded in an outstanding manner their

22 performance goals under section 109(a);

23 ‘‘(2) made exemplary progress in developing,

24 implementing, or improving their adult education

25 and family literacy programs in accordance with the

26 priorities described in section 101; or
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1 ‘‘(3) provided exemplary services and activities

2 for those individuals within the State who are most

3 in need of adult education and family literacy serv4 ices, or are hardest to serve.

5 ‘‘NATIONAL INSTITUTE FOR LITERACY

6 ‘‘SEC. 203. (a) PURPOSE.—The National Institute

7 for Literacy shall—

8 ‘‘(1) provide national leadership;

9 ‘‘(2) coordinate literacy services; and

10 ‘‘(3) be a national resource for adult education

11 and family literacy, by providing the best and most

12 current information available and supporting the

13 creation of new ways to offer improved services.

14 ‘‘(b) ESTABLISHMENT.—(1) There shall be a Na15 tional Institute for Literacy (in this section referred to as

16 the ‘‘Institute’’). The Institute shall be administered

17 under the terms of an interagency agreement entered into

18 by the Secretary with the Secretary of Labor and the Sec19 retary of Health and Human Services (in this section re20 ferred to as the ‘‘Interagency Group’’). The Secretary may

21 include in the Institute any research and development cen22 ter, institute, or clearinghouse established within the De23 partment of Education whose purpose is determined by

24 the Secretary to be related to the purpose of the Institute.

25 ‘‘(2) The Interagency Group shall consider the rec26 ommendations of the National Institute for Literacy Advi-
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1 sory Board (the ‘Board’) under subsection (e) in planning

2 the goals of the Institute and in the implementation of

3 any programs to achieve such goals. The daily operations

4 of the Institute shall be carried out by the Director.

5 ‘‘(c) DUTIES.—(1) In order to provide leadership for

6 the improvement and expansion of the system for delivery

7 of literacy services, the Institute is authorized, to—

8 ‘‘(A) establish a national electronic data base of

9 information that disseminates information to the

10 broadest possible audience within the literacy and

11 basic skills field, and that includes—

12 ‘‘(i) effective practices in the provision of

13 literacy and basic skills instruction, including

14 the integration of such instruction with occupa15 tional skills training;

16 ‘‘(ii) public and private literacy and basic

17 skills programs and Federal, State, and local

18 policies affecting the provision of literacy serv19 ices at the national, State, and local levels;

20 ‘‘(iii) opportunities for technical assistance,

21 meetings, conferences, and other opportunities

22 that lead to the improvement of literacy and

23 basic skills services; and
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1 ‘‘(iv) a communication network for literacy

2 programs, providers, social service agencies, and

3 students;

4 ‘‘(B) coordinate support for the provision of lit5 eracy and basic skills services across Federal agen6 cies and at the State and local levels;

7 ‘‘(C) coordinate the support of research and de8 velopment on literacy and basic skills in families and

9 adults across Federal agencies, especially with the

10 Office of Educational Research and Improvement,

11 and carry out basic and applied research and devel12 opment on topics that are not being investigated by

13 other organizations or agencies;

14 ‘‘(D) collect and disseminate information on

15 methods of advancing literacy that show great prom16 ise;

17 ‘‘(E) work with the National Education Goals

18 Panel, assist local, State, and national organizations

19 and agencies in making and measuring progress to20 wards the National Education Goals, as established

21 by Public Law 103–227;

22 ‘‘(F) coordinate and share information with na23 tional organizations and associations that are inter24 ested in literacy and workforce development; and
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1 ‘‘(G) inform the development of policy with re2 spect to literacy and basic skills.

3 ‘‘(2) The Institute may enter into contracts or coop4 erative agreements with, or make grants to, individuals,

5 public or private institutions, agencies, organizations, or

6 consortia of such institutions, agencies, or organizations

7 to carry out the activities of the Institute. Such grants,

8 contracts, or agreements shall be subject to the laws and

9 regulations that generally apply to grants, contracts, or

10 agreements entered into by Federal agencies.

11 ‘‘(d) LITERACY LEADERSHIP.—(1) The Institute

12 may, in consultation with the Board, award fellowships,

13 with such stipends and allowances that the Director con14 siders necessary, to outstanding individuals pursuing ca15 reers in adult education or literacy in the areas of instruc16 tion, management, research, or innovation.

17 ‘‘(2) Fellowships awarded under this subsection shall

18 be used, under the auspices of the Institute, to engage

19 in research, education, training, technical assistance, or

20 other activities to advance the field of adult education or

21 literacy, including the training of volunteer literacy provid22 ers at the national, State, or local level.

23 ‘‘(3) The Institute, in consultation with the Board,

24 is authorized to award paid and unpaid internships to in-
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1 dividuals seeking to assist in carrying out the Institute’s

2 mission and to accept assistance from volunteers.

3 ‘‘(e) NATIONAL INSTITUTE FOR LITERACY ADVISORY

4 BOARD.—(1)(A) There shall be a National Institute for

5 Literacy Advisory Board (the ‘Board’), which shall consist

6 of 10 individuals appointed by the President.

7 ‘‘(B) The Board shall comprise individuals who are

8 not otherwise officers or employees of the Federal Govern9 ment and who are representative of such entities as—

10 ‘‘(i) literacy organizations and providers of lit11 eracy services, including nonprofit providers, provid12 ers of English as a second language, programs and

13 services, social service organizations, and providers

14 receiving assistance under this Act;

15 ‘‘(ii) businesses that have demonstrated interest

16 in literacy programs;

17 ‘‘(iii) literacy students, including those with dis18 abilities;

19 ‘‘(iv) experts in the area of literacy research;

20 ‘‘(v) State and local governments; and

21 ‘‘(vi) organized labor.

22 ‘‘(2) The Board shall—

23 ‘‘(A) make recommendations concerning the ap24 pointment of the Director and staff of the Institute;

25 and
39

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1 ‘‘(B) provide independent advice on the oper2 ation of the Institute.

3 ‘‘(3)(A) Appointments to the Board made after the

4 date of enactment of the ‘Adult Education and Family

5 Literacy Reform Act of 1995’ shall be for three-year

6 terms, except that the initial terms for members may be

7 established at one, two, or three years in order to establish

8 a rotation in which one-third of the members are selected

9 each year.

10 ‘‘(B) Any member appointed to fill a vacancy occur11 ring before the expiration of the term for which the mem12 ber’s predecessor was appointed shall be appointed only

13 for the remainder of that term. A member may serve after

14 the expiration of that members’ term until a successor has

15 taken office.

16 ‘‘(4) The Chairperson and Vice Chairperson of the

17 Board shall be elected by the members.

18 ‘‘(5) The Board shall meet at the call of the Chair19 person or a majority of its members.

20 ‘‘(f) GIFTS, BEQUESTS, AND DEVISES.—(1) The In21 stitute may accept, administer, and use gifts or donations

22 of services, money, or property, whether real or personal,

23 tangible or intangible.

24 ‘‘(2) The responsible official shall establish written

25 rules setting forth the criteria to be used by the Institute
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1 in determining whether the acceptance of contributions of

2 services, money, or property whether real or personal, tan3 gible or intangible services would reflect unfavorably upon

4 the ability of the Institute or any employee to carry out

5 its responsibilities or official duties in a fair and objective

6 manner, or would compromise the integrity or the appear7 ance of the integrity of its programs or any official in8 volved in those programs.

9 ‘‘(g) MAILS.—The Board and the Institute may use

10 the United States mails in the same manner and under

11 the same conditions as other departments and agencies of

12 the United States.

13 ‘‘(h) STAFF.—The Interagency Group, after consid14 ering recommendations made by the Board, shall appoint

15 and fix the pay of a Director.

16 ‘‘(i) APPLICABILITY OF CERTAIN CIVIL SERVICE

17 LAWS.—The Director and staff of the Institute may be

18 appointed without regard to the provisions of title 5,

19 United States Code, governing appointments in the com20 petitive service, and may be paid without regard to the

21 provisions of chapter 51 and subchapter III of chapter 53

22 of that title relating to classification and General Schedule

23 pay rates, except that an individual so appointed may not

24 receive pay in excess of the annual rate of basic pay pay25 able for level IV of the Executive Schedule.
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1 ‘‘(j) EXPERTS AND CONSULTANTS.—The Institute

2 may procure temporary and intermittent services under

3 section 3109(b) of title 5, United States Code.

4 ‘‘(k) REPORT.—The Institute shall submit a biennial

5 report to the Interagency Group and the Congress.

6 ‘‘(l) FUNDING.—Any amounts appropriated to the

7 Secretary, the Secretary of Labor, the Secretary of Health

8 and Human Services, or any other department that par9 ticipates in the Institute for purposes that the Institute

10 is authorized to perform under this section may be pro11 vided to the Institute for such purposes.

12 ‘‘TITLE III—GENERAL PROVISIONS

13 ‘‘WAIVERS

14 ‘‘SEC. 301. (a)(1) REQUEST FOR WAIVER.—Any

15 State may request, on its own behalf or on behalf of a

16 local recipient, a waiver by the Secretary of Education,

17 the Secretary of the Interior, or the Secretary of Labor,

18 as appropriate, of one or more statutory or regulatory pro19 visions described in subsection (c) in order to carry out

20 adult education and family literacy programs under

21 title I more effectively.

22 ‘‘(2) An Indian tribe or tribal organization may re23 quest a waiver by a Secretary described in subsection

24 (a)(1), as appropriate, of one or more statutory or regu25 latory provisions described in subsection (c) in order to
42

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1 carry out an Even Start family literacy program under

2 section 104(c) more effectively.

3 ‘‘(b) GENERAL AUTHORITY.—(1) Except as provided

4 in subsection (d), a Secretary described in subsection

5 (a)(1) may waive any requirement of a statute listed in

6 subsection (c), or of the regulations issued under that stat7 ute, for a State that requests such a waiver—

8 ‘‘(A) if, and only to the extent that, the Sec9 retary determines that such requirement impedes the

10 ability of the State or a subgrant recipient under

11 title I to carry out adult education and family lit12 eracy programs or activities in an effective manner;

13 ‘‘(B) if the State waives, or agrees to waive,

14 any similar requirements of State law;

15 ‘‘(C) if, in the case of a statewide waiver, the

16 State—

17 ‘‘(i) has provided all subgrant recipients of

18 assistance under this title I in the State with

19 notice of, and an opportunity to comment on,

20 the State’s proposal to request a waiver; and

21 ‘‘(ii) has submitted the comments of such

22 recipients to the Secretary; and

23 ‘‘(D) if the State provides such information as

24 the Secretary reasonably requires in order to make

25 such determinations.
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1 ‘‘(2) A Secretary shall act promptly on any request

2 submitted under paragraph (1).

3 ‘‘(3) Each waiver approved under this subsection

4 shall be for a period not to exceed five years, except that

5 a Secretary may extend such period if the Secretary deter6 mines that the waiver has been effective in enabling the

7 State to carry out the purpose of this Act.

8 ‘‘(c) EDUCATION PROGRAMS.—(1) The statutes sub9 ject to the waiver authority of the Secretary of Education

10 under this section are—

11 ‘‘(A) this Act;

12 ‘‘(B) part A of title I of the Elementary and

13 Secondary Education Act of 1965 (authorizing pro14 grams and activities to help disadvantaged children

15 meet high standards);

16 ‘‘(C) part B of title II of the Elementary and

17 Secondary Education Act of 1965 (Dwight D. Eisen18 hower Professional Development Program);

19 ‘‘(D) title VI of the Elementary and Secondary

20 Education Act of 1965 (Innovative Education Pro21 gram Strategies);

22 ‘‘(E) part C of title VII of the Elementary and

23 Secondary Education Act of 1965 (Emergency Im24 migrant Education Program);
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1 ‘‘(F) the School-to-Work Opportunities Act of

2 1994, but only with the concurrence of the Secretary

3 of Labor; and

4 ‘‘(G) the Carl D. Perkins Career Preparation

5 Education Act of 1995.

6 ‘‘(2) The Secretary of Interior may waive under this

7 section the provisions of part B of the Education Amend8 ments of 1978.

9 ‘‘(3) The statutes subject to the waiver authority of

10 the Secretary of Labor under this section are—

11 ‘‘(A) the Job Training Partnership Act; and

12 ‘‘(B) the School-to-Work Opportunities Act of

13 1994, but only with the concurrence of the Secretary

14 of Education.

15 ‘‘(d) WAIVERS NOT AUTHORIZED.—A Secretary may

16 not waive any statutory or regulatory requirement of the

17 programs listed in subsection (c) relating to—

18 ‘‘(1) the basic purposes or goals of the affected

19 programs;

20 ‘‘(2) maintenance of effort;

21 ‘‘(3) comparability of services;

22 ‘‘(4) the equitable participation of students at23 tending private schools;

24 ‘‘(5) parental participation and involvement;
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1 ‘‘(6) the distribution of funds to States or to

2 local recipients;

3 ‘‘(7) the eligibility of an individual for partici4 pation in the affected programs;

5 ‘‘(8) public health or safety, labor standards,

6 civil rights, occupational safety and health, or envi7 ronmental protection; or

8 ‘‘(9) prohibitions or restrictions relating to the

9 construction of buildings or facilities.

10 ‘‘(e) TERMINATION OF WAIVERS.—A Secretary shall

11 periodically review the performance of any State or local

12 recipient for which the Secretary has granted a waiver

13 under this section and shall terminate such waiver if the

14 Secretary determines that the performance of the State

15 affected by the waiver has been inadequate to justify a

16 continuation of the waiver, or the State fails to waive simi17 lar requirements of State law in accordance with sub18 section (b)(1)(B).

19 ‘‘DEFINITIONS

20 ‘‘SEC. 302. For the purpose of this Act—

21 ‘‘(1) the term ‘adult’ means an individual who

22 is 16 years of age, or beyond the age of compulsory

23 school attendance under State law, and who is not

24 enrolled, or required to be enrolled, in secondary

25 school;
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1 ‘‘(2) the term ‘adult education’ means services

2 or instruction below the college level for adults

3 who—

4 ‘‘(A) lack sufficient education or literacy

5 skills to enable them to function effectively in

6 society; or

7 ‘‘(B) do not have a certificate of gradua8 tion from a school providing secondary edu9 cation and who have not achieved an equivalent

10 level of education;

11 ‘‘(3) the term ‘community-based organization’

12 means a private nonprofit organization that is rep13 resentative of a community or significant segments

14 of a community and that provides education, voca15 tional rehabilitation, job training, or internship serv16 ices and programs;

17 ‘‘(4) the term ‘family literacy program’ means

18 a program that integrates adult education, parenting

19 education, and early childhood education into a uni20 fied set of services and activities for low-income fam21 ilies that are most in need of such services and ac22 tivities, and that is designed to help break the cycle

23 of intergenerational poverty and undereducation;

24 ‘‘(5) the terms ‘Indian tribes’ and ‘tribal orga25 nizations’ have the meaning given such terms in sec-
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1 tion 3 of the Indian Self-Determination and Edu2 cation Assistance Act;

3 ‘‘(6) the term ‘individual of limited English pro4 ficiency’ means an adult or out-of-school youth who

5 has limited ability in speaking, reading, writing, or

6 understanding the English language and—

7 ‘‘(A) whose native language is a language

8 other than English; or

9 ‘‘(B) who lives in a family or community

10 environment where a language other than Eng11 lish is the dominant language;

12 ‘‘(7) the term ‘institution of higher education’

13 means any such institution as defined by section

14 1201(a) of the Higher Education Act of 1965;

15 ‘‘(8) the term ‘literacy’ means an individual’s

16 ability to read, write, and speak in English, and

17 compute and solve problems at levels of proficiency

18 necessary to function on the job and in society, to

19 achieve one’s goals, and develop one’s knowledge and

20 potential;

21 ‘‘(9) the term ‘local educational agency’ means

22 a public board of education or other public authority

23 legally constituted within a State for either adminis24 trative control or direction of, or to perform a serv25 ice function for, public elementary or secondary
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1 schools in a city, county, township, school district, or

2 other political subdivision of a State, or such com3 bination of school districts or counties as are recog4 nized in a State as an administrative agency for its

5 public elementary or secondary schools, except that,

6 if there is a separate board or other legally con7 stituted local authority having administrative control

8 and direction of adult education in public schools

9 therein, such term means such other board or au10 thority;

11 ‘‘(10) the term ‘migratory family’ means a fam12 ily with a migratory child as defined in section

13 1309(2) of the Elementary and Secondary Edu14 cation Act of 1965;

15 ‘‘(11) the term ‘public housing authority’ means

16 a public housing agency, as defined in 42 U.S.C.

17 1437a(b)(6), that participates in public housing, as

18 defined in 42 U.S.C. 1437a(b)(1).

19 ‘‘(12) except under section 301, the term ‘Sec20 retary’ means the Secretary of Education; and

21 ‘‘(13) except as provided in section

22 111(a)(2)(B), the term ‘State’ means each of the 50

23 States and the District of Columbia, the Common24 wealth of Puerto Rico, Guam, American Samoa, the

25 Northern Mariana Islands, and the Virgin Islands.’’.
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1 TITLE II—EFFECTIVE DATE; TRANSITION

2 EFFECTIVE DATE

3 SEC. 201. This Act shall take effect on July 1, 1996.

4 TRANSITION

5 SEC. 202. Notwithstanding any other provisions of

6 law—

7 (1) upon enactment of the Adult Education and

8 Family Literacy Reform Act of 1995, a State or

9 local recipient of funds under the Adult Education

10 Act, the Even Start Family Literacy Programs of

11 the Elementary and Secondary Education Act of

12 1965, and sections 202(c)(1)(C) and 262(c)(1)(C) of

13 the Job Training Partnership Act, as they were in

14 effect prior to the enactment of the Adult Education

15 and Family Literacy Reform Act of 1995, may use

16 any such unexpended funds to carry out services and

17 activities that are authorized by those statutes or

18 the Adult Education and Family Literacy Act; and

19 (2) a State or local recipient of funds under the

20 Adult Education and Family Literacy Act for the

21 fiscal year 1996 may use such funds to carry out

22 services and activities that are authorized by either

23 such Act or were authorized by the Adult Education

24 Act, the Even Start Family Literacy Programs of

25 the Elementary and Secondary Education Act of

26 1965, and sections 202(c)(1)(C) and 262(c)(1)(C) of
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1 the Job Training Partnership Act, as they were in

2 effect prior to the enactment of the Adult Education

3 and Family Literacy Reform Act of 1995.

4 TITLE III—REPEALS OF OTHER ACTS

5 REPEALS

6 SEC. 301 (a) EVEN START.—Part B of title I of the

7 Elementary and Secondary Education Act of 1965 (20

8 U.S.C. 6361 et seq.) is repealed.

9 (b) NATIONAL LITERACY ACT.—The National Lit10 eracy Act of 1991 (20 U.S.C. 1201 et seq.) is repealed.

11 (c) GRANTS TO STATES FOR WORKPLACE AND COM12 MUNITY TRANSITION TRAINING FOR INCARCERATED

13 YOUTH OFFENDERS.—Part E of title X of the Higher

14 Education Act of 1965 (20 U.S.C. 1135g) is repealed.

Æ

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