217 
‘‘(8) The development and implementation of a 
system to assist in the transition from adult basic 
education to post-secondary education. 
‘‘(9) Activities to promote workplace literacy 
programs. 
‘‘(10) Activities to promote and complement 
local outreach initiatives described in section 243(7). 
‘‘(11) Other activities of statewide significance, 
including assisting eligible providers in achieving 
progress in improving the skill levels of adults who 
participate in programs under this title. 
‘‘(12) Integration of literacy, instructional, and 
occupational skill training and promotion of linkages 
with employees. 
‘‘(b) COORDINATION.—In carrying out this section, 
eligible agencies shall coordinate where possible, and avoid 
duplicating efforts, in order to maximize the impact of the 
activities described in subsection (a). 
‘‘(c) STATE-IMPOSED REQUIREMENTS.—Whenever a 
State or outlying area implements any rule or policy relat-
ing to the administration or operation of a program au-
thorized under this title that has the effect of imposing 
a requirement that is not imposed under Federal law (in-
cluding any rule or policy based on a State or outlying 
area interpretation of a Federal statute, regulation, or 
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guideline), the State or outlying area shall identify, to eli-
gible providers, the rule or policy as being imposed by the 
State or outlying area. 
‘‘SEC. 224. STATE PLAN. 
‘‘(a) 6-YEAR PLANS.— 
‘‘(1) IN GENERAL.—Each eligible agency desir-
ing a grant under this title for any fiscal year shall 
submit to, or have on file with, the Secretary a 6- 
year State plan. 
‘‘(2) COMPREHENSIVE
PLAN
OR
APPLICA-
TION.—The eligible agency may submit the State 
plan as part of a comprehensive plan or application 
for Federal education assistance. 
‘‘(b) PLAN CONTENTS.—The eligible agency shall in-
clude in the State plan or any revisions to the State plan— 
‘‘(1) an objective assessment of the needs of in-
dividuals in the State or outlying area for adult edu-
cation and family literacy education programs, in-
cluding individuals most in need or hardest to serve; 
‘‘(2) a description of the adult education and 
family literacy education programs that will be car-
ried out with funds received under this title; 
‘‘(3) a description of how the eligible agency 
will evaluate and measure annually the effectiveness 
and improvement of the adult education and family 
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literacy education programs based on the perform-
ance measures described in section 212 including— 
‘‘(A) how the eligible agency will evaluate 
and measure annually such effectiveness on a 
grant-by-grant basis; and 
‘‘(B) how the eligible agency— 
‘‘(i) will hold eligible providers ac-
countable regarding the progress of such 
providers 
in 
improving 
the 
academic 
achievement of participants in adult edu-
cation programs under this title and re-
garding the core indicators of performance 
described in section 212(b)(2)(A); and 
‘‘(ii) will use technical assistance, 
sanctions, and rewards (including alloca-
tion of grant funds based on performance 
and termination of grant funds based on 
nonperformance); 
‘‘(4) a description of the performance measures 
described in section 212 and how such performance 
measures have significantly improved adult edu-
cation and family literacy education programs in the 
State or outlying area; 
‘‘(5) an assurance that the eligible agency will, 
in addition to meeting all of the other requirements 
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of this title, award not less than one grant under 
this title to an eligible provider that— 
‘‘(A) offers flexible schedules and necessary 
support services (such as child care and trans-
portation) to enable individuals, including indi-
viduals with disabilities, or individuals with 
other special needs, to participate in adult edu-
cation and family literacy education programs; 
and 
‘‘(B) attempts to coordinate with support 
services that are not provided under this title 
prior to using funds for adult education and 
family literacy education programs provided 
under this title for support services; 
‘‘(6) an assurance that the funds received under 
this title will not be expended for any purpose other 
than for activities under this title; 
‘‘(7) a description of how the eligible agency 
will fund local activities in accordance with the 
measurable goals described in section 231(d); 
‘‘(8) an assurance that the eligible agency will 
expend the funds under this title only in a manner 
consistent with fiscal requirements in section 241; 
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‘‘(9) a description of the process that will be 
used for public participation and comment with re-
spect to the State plan, which process— 
‘‘(A) shall include consultation with the 
State workforce investment board, the State 
board responsible for administering community 
or technical colleges, the Governor, the State 
educational agency, the State board or agency 
responsible for administering block grants for 
temporary assistance to needy families under 
title IV of the Social Security Act, the State 
council on disabilities, the State vocational re-
habilitation agency, other State agencies that 
promote the improvement of adult education 
and family literacy education programs, and di-
rect providers of such programs; and 
‘‘(B) may include consultation with the 
State agency on higher education, institutions 
responsible for professional development of 
adult education and family literacy education 
programs instructors, representatives of busi-
ness and industry, refugee assistance programs, 
and faith-based organizations; 
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‘‘(10) a description of the eligible agency’s 
strategies for serving populations that include, at a 
minimum— 
‘‘(A) low-income individuals; 
‘‘(B) individuals with disabilities; 
‘‘(C) the unemployed; 
‘‘(D) the underemployed; and 
‘‘(E) individuals with multiple barriers to 
educational enhancement, including individuals 
with limited English proficiency; 
‘‘(11) a description of how the adult education 
and family literacy education programs that will be 
carried out with any funds received under this title 
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; 
‘‘(12) a description of the steps the eligible 
agency will take to ensure direct and equitable ac-
cess, as required in section 231(c)(1), including— 
‘‘(A) how the State will build the capacity 
of community-based and faith-based organiza-
tions to provide adult education and family lit-
eracy education programs; and 
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‘‘(B) how the State will increase the par-
ticipation of business and industry in adult edu-
cation and family literacy education programs; 
‘‘(13) an assessment of the adequacy of the sys-
tem of the State or outlying area to ensure teacher 
quality and a description of how the State or out-
lying area will use funds received under this subtitle 
to improve teacher quality, including professional de-
velopment on the use of scientifically based research 
to improve instruction; and 
‘‘(14) a description of how the eligible agency 
will consult with any State agency responsible for 
post-secondary education to develop adult education 
that prepares students to enter post-secondary edu-
cation without the need for remediation upon com-
pletion of secondary school equivalency programs. 
‘‘(c) PLAN REVISIONS.—When changes in conditions 
or other factors require substantial revisions to an ap-
proved State plan, the eligible agency shall submit the re-
visions of 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, the chief State 
school officer, or the State officer responsible for ad-
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224 
ministering community or technical colleges, or out-
lying area for review and comment; and 
‘‘(2) ensure that any comments regarding the 
State plan by the Governor, the chief State school 
officer, or the State officer responsible for admin-
istering community or technical colleges, and any re-
vision to the State plan, are submitted to the Sec-
retary. 
‘‘(e) PLAN APPROVAL.—The Secretary shall— 
‘‘(1) establish a peer review process to assist in 
the review and approval of State plans; 
‘‘(2) appoint individuals representing the range 
of stakeholders to the peer-review process, includ-
ing— 
‘‘(A) representatives of adult learners, 
adult education, and literacy providers, eligible 
agencies, State educational agencies, institu-
tions of higher education, representatives of 
local or State workforce investment boards; and 
‘‘(B) experts in the fields of adult edu-
cation and literacy; 
‘‘(3) approve a State plan within 120 days after 
receiving the plan unless the Secretary makes a writ-
ten determination within 30 days after receiving the 
plan that the plan does not meet the requirements 
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of this section or is inconsistent with specific provi-
sions of this subtitle; and 
‘‘(4) not finally disapprove of a State plan be-
fore offering the eligible agency the opportunity, 
prior to the expiration of the 30-day period begin-
ning on the date on which the eligible agency re-
ceived the written determination described in para-
graph (3), to review the plan and providing technical 
assistance in order to assist the eligible agency in 
meeting the requirements of this subtitle. 
‘‘SEC. 225. PROGRAMS FOR CORRECTIONS EDUCATION AND 
OTHER INSTITUTIONALIZED INDIVIDUALS. 
‘‘(a) PROGRAM AUTHORIZED.—From funds made 
available under section 222(a)(1) 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 sub-
section (a) shall be used for the cost of educational pro-
grams for criminal offenders in correctional institutions 
and for other institutionalized individuals, including aca-
demic programs for— 
‘‘(1) basic skills education; 
‘‘(2) special education programs as determined 
by the eligible agency; 
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‘‘(3) reading, writing, speaking, and math pro-
grams; and 
‘‘(4) secondary school credit or diploma pro-
grams or their recognized equivalent. 
‘‘(c) PRIORITY.—Each eligible agency that is using 
assistance provided under this section to carry out a pro-
gram for criminal offenders within a correctional institu-
tion shall give priority to serving individuals who are likely 
to leave the correctional institution within 5 years of par-
ticipation in the program. 
‘‘(d) DEFINITIONS.—For purposes of this section: 
‘‘(1) 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 re-
habilitation center, or any other similar institu-
tion designed for the confinement or rehabilita-
tion of criminal offenders. 
‘‘(2) CRIMINAL OFFENDER.—The term ‘crimi-
nal offender’ means any individual who is charged 
with, or convicted of, any criminal offense. 
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‘‘CHAPTER 3—LOCAL PROVISIONS 
‘‘SEC. 231. GRANTS AND CONTRACTS FOR ELIGIBLE PRO-
VIDERS. 
‘‘(a) GRANTS AND CONTRACTS.—From grant funds 
made available under section 211(b), each eligible agency 
shall award multi year grants or contracts, on a competi-
tive basis, to eligible providers within the State or outlying 
area that meet the conditions and requirements of this 
title to enable the eligible providers to develop, implement, 
and improve adult education and family literacy education 
programs within the State. 
‘‘(b) LOCAL ACTIVITIES.—The eligible agency shall 
require eligible providers receiving a grant or contract 
under subsection (a) to establish or operate one or more 
programs of instruction that provide services or instruc-
tion in one or more of the following categories: 
‘‘(1) Adult education and family literacy edu-
cation programs (including proficiency in reading, 
writing, speaking, and math). 
‘‘(2) Workplace literacy programs. 
‘‘(3) English language acquisition programs. 
‘‘(4) Family literacy education programs. 
‘‘(c) DIRECT AND EQUITABLE ACCESS; SAME PROC-
ESS.—Each eligible agency receiving funds under this title 
shall ensure that— 
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‘‘(1) all eligible providers have direct and equi-
table 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 eligi-
ble providers in the State or outlying area. 
‘‘(d) MEASURABLE GOALS.—The eligible agency shall 
require eligible providers receiving a grant or contract 
under subsection (a) to demonstrate— 
‘‘(1) the eligible provider’s measurable goals for 
participant outcomes to be achieved annually on the 
core indicators of performance and employment per-
formance indicators described in section 212(b)(2); 
‘‘(2) the past effectiveness of the eligible pro-
vider in improving the basic academic skills of adults 
and, for eligible providers receiving grants in the 
prior year, the success of the eligible provider receiv-
ing funding under this title in exceeding its perform-
ance goals in the prior year; 
‘‘(3) the commitment of the eligible provider to 
serve individuals in the community who are the most 
in need of basic academic skills instruction services, 
including individuals who are low-income or have 
minimal reading, writing, speaking, and math skills, 
or limited English proficiency; 
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‘‘(4) the program— 
‘‘(A) is of sufficient intensity and duration 
for participants to achieve substantial learning 
gains; and 
‘‘(B) uses instructional practices that in-
clude the essential components of reading in-
struction; 
‘‘(5) educational practices are based on scientif-
ically based research; 
‘‘(6) the activities of the eligible provider effec-
tively employ advances in technology, as appropriate, 
including the use of computers; 
‘‘(7) the activities provide instruction in real-life 
contexts, when appropriate, to ensure that an indi-
vidual has the skills needed to compete in the work-
place and exercise the rights and responsibilities of 
citizenship; 
‘‘(8) the activities are staffed by well-trained in-
structors, counselors, and administrators; 
‘‘(9) the activities are coordinated with other 
available resources in the community, such as 
through strong links with elementary schools and 
secondary schools, post-secondary educational insti-
tutions, one-stop centers, job training programs, 
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community-based and faith-based organizations, and 
social service agencies; 
‘‘(10) the activities offer flexible schedules and 
support services (such as child care and transpor-
tation) that are necessary to enable individuals, in-
cluding individuals with disabilities or other special 
needs, to attend and complete programs; 
‘‘(11) the activities include a high-quality infor-
mation management system that has the capacity to 
report measurable participant outcomes and to mon-
itor program performance against the performance 
measures established by the eligible agency; 
‘‘(12) the local communities have a dem-
onstrated need for additional English language ac-
quisition programs; 
‘‘(13) the capacity of the eligible provider to 
produce valid information on performance results, 
including enrollments and measurable participant 
outcomes; 
‘‘(14) adult education and family literacy edu-
cation programs offer rigorous reading, writing, 
speaking, and math content that are based on sci-
entifically based research; and 
‘‘(15) applications of technology, and services to 
be provided by the eligible providers, are of sufficient 
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intensity and duration to increase the amount and 
quality of learning and lead to measurable learning 
gains within specified time periods. 
‘‘(e) SPECIAL RULE.—Eligible providers may use 
grant funds under this title to serve children participating 
in family literacy programs assisted under this part, pro-
vided that other sources of funds available to provide simi-
lar services for such children are used first. 
‘‘SEC. 232. LOCAL APPLICATION. 
‘‘Each eligible provider desiring a grant or contract 
under this title 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 title will be spent consistent with the require-
ments of this title; 
‘‘(2) a description of any cooperative arrange-
ments the eligible provider has with other agencies, 
institutions, or organizations for the delivery of 
adult education and family literacy education pro-
grams; and 
‘‘(3) each of the demonstrations required by 
section 231(d). 
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‘‘SEC. 233. LOCAL ADMINISTRATIVE COST LIMITS. 
‘‘(a) IN GENERAL.—Subject to subsection (b), of the 
amount that is made available under this title to an eligi-
ble provider— 
‘‘(1) at least 95 percent shall be expended for 
carrying out adult education and family literacy edu-
cation programs; and 
‘‘(2) the remaining amount shall be used for 
planning, administration, personnel and professional 
development, development of measurable goals in 
reading, writing, speaking, and math, and inter-
agency coordination. 
‘‘(b) SPECIAL RULE.—In cases where the cost limits 
described in subsection (a) are too restrictive to allow for 
adequate planning, administration, personnel develop-
ment, and interagency coordination, the eligible provider 
may negotiate with the eligible agency in order to deter-
mine an adequate level of funds to be used for noninstruc-
tional purposes. 
‘‘CHAPTER 4—GENERAL PROVISIONS 
‘‘SEC. 241. ADMINISTRATIVE PROVISIONS. 
‘‘(a) SUPPLEMENT NOT SUPPLANT.—Funds made 
available for adult education and family literacy education 
programs under this title shall supplement and not sup-
plant other State or local public funds expended for adult 
education and family literacy education programs. 
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‘‘(b) MAINTENANCE OF EFFORT.— 
‘‘(1) IN GENERAL.— 
‘‘(A) DETERMINATION.—An eligible agency 
may receive funds under this title for any fiscal 
year if the Secretary finds that the fiscal effort 
per student or the aggregate expenditures of 
such eligible agency for activities under this 
title, in the second preceding fiscal year, were 
not less than 90 percent of the fiscal effort per 
student or the aggregate expenditures of such 
eligible agency for adult education and family 
literacy education programs, in the third pre-
ceding fiscal year. 
‘‘(B) PROPORTIONATE REDUCTION.—Sub-
ject to paragraphs (2), (3), and (4), for any fis-
cal year with respect to which the Secretary de-
termines under subparagraph (A) that the fiscal 
effort or the aggregate expenditures of an eligi-
ble 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 expendi-
tures; and 
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‘‘(ii) shall decrease the payment made 
under this title for such program year to 
the agency for adult education and family 
literacy education programs 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 fam-
ily literacy education programs under this title for a 
fiscal year is less than the amount made available 
for adult education and family literacy education 
programs under this title for the preceding fiscal 
year, then the fiscal effort per student and the ag-
gregate 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 not more than 1 
fiscal year, if the Secretary determines that a waiver 
would be equitable due to exceptional or uncontrol-
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lable 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 ef-
fort required under paragraph (1) shall not be re-
duced in the subsequent fiscal year because of the 
waiver. 
‘‘SEC. 242. NATIONAL INSTITUTE FOR LITERACY. 
‘‘(a) IN GENERAL.— 
‘‘(1) PURPOSE.—The purpose of the National 
Institute for Literacy is to promote the improvement 
of literacy, including skills in reading, writing, and 
English language acquisition for children, youth, and 
adults, through practices derived from the findings 
of scientifically based research. 
‘‘(2) ESTABLISHMENT.—There is established a 
National Institute for Literacy (in this section re-
ferred to as the ‘Institute’). The Institute shall be 
administered under the terms of an interagency 
agreement entered into, reviewed annually, and 
modified as needed by the Secretary of Education 
with the Secretary of Health and Human Services 
and the Secretary of Labor (in this section referred 
to as the ‘Interagency Group’). 
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‘‘(3) OFFICES.—The Institute shall have offices 
separate from the offices of the Department of Edu-
cation, the Department of Health and Human Serv-
ices, and the Department of Labor. 
‘‘(4) ADMINISTRATIVE SUPPORT.—The Depart-
ment of Education shall provide administrative sup-
port for the Institute. 
‘‘(5) DAILY OPERATIONS.—The Director of the 
Institute shall administer the daily operations of the 
Institute. 
‘‘(b) DUTIES.— 
‘‘(1) IN GENERAL.—To carry out its purpose, 
the Institute may— 
‘‘(A) identify and disseminate rigorous sci-
entific research on the effectiveness of instruc-
tional practices and organizational strategies re-
lating to programs on the acquisition of skills 
in reading, writing, and English language ac-
quisition for children, youth, and adults; 
‘‘(B) create and widely disseminate mate-
rials about the acquisition and application of 
skills in reading, writing, and English language 
acquisition for children, youth, and adults based 
on scientifically based research; 
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‘‘(C) ensure a broad understanding of sci-
entifically based research on reading, writing, 
and English language acquisition for children, 
youth, and adults among Federal agencies with 
responsibilities for administering programs that 
provide related services, including State and 
local educational agencies; 
‘‘(D) facilitate coordination and informa-
tion sharing among national organizations and 
associations interested in programs that provide 
services to improve skills in reading, writing, 
and English language acquisition for children, 
youth, and adults; 
‘‘(E) coordinate with the appropriate of-
fices in the Department of Education, the De-
partment of Health and Human Services, the 
Department of Labor, and other Federal agen-
cies to apply the findings of scientifically based 
research related to programs on reading, writ-
ing, and English language acquisition for chil-
dren, youth, and adults; 
‘‘(F) establish a national electronic data-
base and Internet site describing and fostering 
communication on scientifically based programs 
in reading, writing, and English language ac-
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quisition for children, youth, and adults, includ-
ing professional development programs; and 
‘‘(G) provide opportunities for technical as-
sistance, meetings, and conferences that will 
foster increased coordination among Federal, 
State, and local agencies and entities and im-
provement of reading, writing, and English lan-
guage acquisition skills for children, youth, and 
adults. 
‘‘(2) COORDINATION.—In identifying scientif-
ically based research on reading, writing, and 
English language acquisition for children, youth, and 
adults, the Institute shall use standards for research 
quality that are consistent with those established by 
the Institute of Education Sciences. 
‘‘(3) GRANTS, CONTRACTS, AND COOPERATIVE 
AGREEMENTS.— 
‘‘(A) IN
GENERAL.—The Institute may 
award grants to, or enter into contracts or co-
operative agreements with, individuals, public 
or private institutions, agencies, organizations, 
or consortia of such individuals, institutions, 
agencies, or organizations, to carry out the ac-
tivities of the Institute. 
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‘‘(B) REGULATIONS.—The Director may 
adopt the general administrative regulations of 
the Department of Education, as applicable, for 
use by the Institute. 
‘‘(C) RELATION
TO
OTHER
LAWS.—The 
duties and powers of the Institute under this 
title are in addition to the duties and powers of 
the Institute under subparts 1, 2, and 3 of part 
B of the Elementary and Secondary Education 
Act of 1965 (commonly referred to as Reading 
First, Early Reading First, and the William F. 
Goodling Even Start Family Literacy Program, 
respectively). 
‘‘(c) VISITING SCHOLARS.—The Institute may estab-
lish a visiting scholars program, with such stipends and 
allowances as the Director considers necessary, for out-
standing researchers, scholars, and individuals who— 
‘‘(1) have careers in adult education, workforce 
development, or scientifically based reading, writing, 
or English language acquisition; and 
‘‘(2) can assist the Institute in translating re-
search into practice and providing analysis that ad-
vances instruction in the fields of reading, writing, 
and English language acquisition for children, youth, 
and adults. 
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‘‘(d) INTERNS AND VOLUNTEERS.—The Institute, in 
consultation with the National Institute for Literacy Advi-
sory Board, may award paid and unpaid internships to 
individuals seeking to assist the Institute in carrying out 
its purpose. Notwithstanding section 1342 of title 31, 
United States Code, the Institute may accept and use vol-
untary and uncompensated services as the Institute deter-
mines necessary. 
‘‘(e) NATIONAL INSTITUTE FOR LITERACY ADVISORY 
BOARD.— 
‘‘(1) ESTABLISHMENT.— 
‘‘(A) IN GENERAL.—There shall be a Na-
tional 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) QUALIFICATIONS.—The Board shall 
be composed of individuals who— 
‘‘(i) are not otherwise officers or em-
ployees of the Federal Government; and 
‘‘(ii) are knowledgeable about current 
effective scientifically based research find-
ings on instruction in reading, writing, and 
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English language acquisition for children, 
youth, and adults. 
‘‘(C) COMPOSITION.—The Board may in-
clude— 
‘‘(i) representatives of business, indus-
try, labor, literacy organizations, adult 
education providers, community colleges, 
students with disabilities, and State agen-
cies, including State directors of adult edu-
cation; and 
‘‘(ii) individuals who, and representa-
tives of entities that, have been successful 
in improving skills in reading, writing, and 
English language acquisition for children, 
youth, and adults. 
‘‘(2) DUTIES.—The Board shall— 
‘‘(A) make recommendations concerning 
the appointment of the Director of the Insti-
tute; 
‘‘(B) provide independent advice on the op-
eration of the Institute; 
‘‘(C) receive reports from the Interagency 
Group and the Director; and 
‘‘(D) review the biennial report to the Con-
gress under subsection (k). 
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‘‘(3) FEDERAL
ADVISORY
COMMITTEE
ACT.— 
Except as otherwise provided, the Board shall be 
subject to the provisions of the Federal Advisory 
Committee Act. 
‘‘(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 rota-
tion in which one-third of the members are se-
lected each year. Any such member may be ap-
pointed 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. A recommendation of 
the Board may be passed only by a majority of the 
Board’s members present at a meeting for which 
there is a quorum. 
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‘‘(6) ELECTION
OF
OFFICERS.—The Chair-
person 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, tan-
gible or intangible. 
‘‘(2) RULES.—The Board shall establish writ-
ten 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 In-
stitute 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. 
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‘‘(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) DIRECTOR.—The Secretary of Education, after 
considering recommendations made by the Board and con-
sulting with the Interagency Group, shall appoint and fix 
the pay of the Director of the Institute and, when nec-
essary, shall appoint an Interim Director of the Institute. 
‘‘(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, 
United States Code, governing appointments in the com-
petitive 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 pay-
able 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, United States Code. 
‘‘(k) BIENNIAL REPORT.— 
‘‘(1) IN GENERAL.—The Institute shall submit 
a report biennially to the Committee on Education 
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and Labor of the House of Representatives and the 
Committee on Health, Education, Labor, and Pen-
sions of the Senate. Each report submitted under 
this subsection shall include— 
‘‘(A) a comprehensive and detailed descrip-
tion of the Institute’s operations, activities, fi-
nancial condition, and accomplishments in iden-
tifying and describing programs on reading, 
writing, and English language acquisition for 
children, youth, and adults for the period cov-
ered by the report; and 
‘‘(B) a description of how plans for the op-
eration of the Institute for the succeeding 2 fis-
cal years will facilitate achievement of the pur-
pose of the Institute. 
‘‘(2) FIRST REPORT.—The Institute shall sub-
mit its first report under this subsection to the Con-
gress not later than 1 year after the date of the en-
actment of the Workforce Investment Improvement 
Act of 2009. 
‘‘(l) ADDITIONAL FUNDING.—In addition to the 
funds authorized under section 205 and reserved for the 
Institute under section 211, the Secretary of Education, 
the Secretary of Health and Human Services, the Sec-
retary of Labor, or the head of any other Federal agency 
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or department that participates in the activities of the In-
stitute may provide funds to the Institute for activities 
that the Institute is authorized to perform under this sec-
tion. 
‘‘SEC. 243. NATIONAL LEADERSHIP ACTIVITIES. 
‘‘The Secretary shall establish and carry out a pro-
gram of national leadership activities that may include the 
following: 
‘‘(1) Technical assistance, on request, including 
assistance— 
‘‘(A) on request to volunteer community- 
and faith-based organizations, including but not 
limited to, improving their fiscal management, 
research-based instruction, and reporting re-
quirements, and the development of measurable 
objectives to carry out the requirements of this 
title; 
‘‘(B) in developing valid, measurable, and 
reliable performance data, and using perform-
ance information for the improvement of adult 
education, English language acquisition, and 
family literacy education programs; 
‘‘(C) on adult education professional devel-
opment; and 
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‘‘(D) in using distance learning and im-
proving the application of technology in the 
classroom, including instruction in English lan-
guage acquisition for individuals who have lim-
ited English proficiency. 
‘‘(2) Providing for the conduct of research on 
national literacy basic skill acquisition levels among 
adults, including the number of limited English pro-
ficient adults functioning at different levels of read-
ing proficiency. 
‘‘(3) Improving the coordination, efficiency, and 
effectiveness of adult education and workforce devel-
opment services at the national, State, and local lev-
els. 
‘‘(4) Determining how participation in adult 
education, English language acquisition, and family 
literacy education programs prepares individuals for 
entry into and success in post-secondary education 
and employment, and in the case of prison-based 
services, the effect on recidivism. 
‘‘(5) Evaluating how different types of pro-
viders, including community and faith-based organi-
zations or private for-profit agencies measurably im-
prove the skills of participants in adult education, 
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English language acquisition, and family literacy 
education programs. 
‘‘(6) Identifying model integrated basic and 
workplace skills education programs, including pro-
grams for individuals with limited English pro-
ficiency coordinated literacy and employment serv-
ices, and effective strategies for serving adults with 
disabilities. 
‘‘(7) Initiating other activities designed to im-
prove the measurable quality and effectiveness of 
adult education, English language acquisition, and 
family literacy education programs nationwide.’’. 
TITLE III—AMENDMENTS TO 
THE WAGNER–PEYSER ACT 
SEC. 301. AMENDMENTS TO THE WAGNER-PEYSER ACT. 
The Wagner-Peyser Act (29 U.S.C. 49 et seq.) is 
amended— 
(1) by striking sections 1 through 13; 
(2) in section 14 by inserting ‘‘of Labor’’ after 
‘‘Secretary’’; and 
(3) by amending section 15 to read as follows: 
‘‘SEC. 15. WORKFORCE AND LABOR MARKET INFORMATION 
SYSTEM. 
‘‘(a) SYSTEM CONTENT.— 
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‘‘(1) IN GENERAL.—The Secretary of Labor, in 
accordance with the provisions of this section, shall 
oversee the development, maintenance, and contin-
uous improvement of a nationwide workforce and 
labor market information system that includes— 
‘‘(A) statistical data from cooperative sta-
tistical survey and projection programs and 
data from administrative reporting systems 
that, taken together, enumerate, estimate, and 
project employment opportunities and condi-
tions at national, State, and local levels in a 
timely manner, including statistics on— 
‘‘(i) employment and unemployment 
status of national, State, and local popu-
lations, including self-employed, part-time, 
and seasonal workers; 
‘‘(ii) industrial distribution of occupa-
tions, as well as current and projected em-
ployment opportunities, wages, benefits 
(where data is available), and skill trends 
by occupation and industry, with particular 
attention paid to State and local condi-
tions; 
‘‘(iii) the incidence of, industrial and 
geographical location of, and number of 
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workers displaced by, permanent layoffs 
and plant closings; and 
‘‘(iv) employment and earnings infor-
mation maintained in a longitudinal man-
ner to be used for research and program 
evaluation; 
‘‘(B) information on State and local em-
ployment opportunities, and other appropriate 
statistical data related to labor market dynam-
ics, which— 
‘‘(i) shall be current and comprehen-
sive; 
‘‘(ii) shall meet the needs identified 
through the consultations described in sub-
paragraphs (A) and (B) of subsection 
(e)(2); and 
‘‘(iii) shall meet the needs for the in-
formation identified in section 134(c); 
‘‘(C) technical standards (which the Sec-
retary shall publish annually) for data and in-
formation described in subparagraphs (A) and 
(B) that, at a minimum, meet the criteria of 
chapter 35 of title 44, United States Code; 
‘‘(D) procedures to ensure compatibility 
and additivity of the data and information de-
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scribed in subparagraphs (A) and (B) from na-
tional, State, and local levels; 
‘‘(E) procedures to support standardization 
and aggregation of data from administrative re-
porting systems described in subparagraph (A) 
of employment-related programs; 
‘‘(F) analysis of data and information de-
scribed in subparagraphs (A) and (B) for uses 
such as— 
‘‘(i) national, State, and local policy-
making; 
‘‘(ii) implementation of Federal poli-
cies (including allocation formulas); 
‘‘(iii) program planning and evalua-
tion; and 
‘‘(iv) researching labor market dynam-
ics; 
‘‘(G) wide dissemination of such data, in-
formation, and analysis in a user-friendly man-
ner and voluntary technical standards for dis-
semination mechanisms; and 
‘‘(H) programs of— 
‘‘(i) training for effective data dis-
semination; 
‘‘(ii) research and demonstration; and 
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‘‘(iii) programs and technical assist-
ance. 
‘‘(2) INFORMATION TO BE CONFIDENTIAL.— 
‘‘(A) IN
GENERAL.—No officer or em-
ployee of the Federal Government or agent of 
the Federal Government may— 
‘‘(i) use any submission that is fur-
nished for exclusively statistical purposes 
under the provisions of this section for any 
purpose other than the statistical purposes 
for which the submission is furnished; 
‘‘(ii) disclose to the public any publi-
cation or media transmittal of the data 
contained in the submission described in 
clause (i) that permits information con-
cerning an individual subject to be reason-
ably inferred by either direct or indirect 
means; or 
‘‘(iii) permit anyone other than a 
sworn officer, employee, or agent of any 
Federal department or agency, or a con-
tractor (including an employee of a con-
tractor) of such department or agency, to 
examine an individual submission described 
in clause (i), 
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without the consent of the individual, agency, or 
other person who is the subject of the submis-
sion or provides that submission. 
‘‘(B) IMMUNITY FROM LEGAL PROCESS.— 
Any submission (including any data derived 
from the submission) that is collected and re-
tained by a Federal department or agency, or 
an officer, employee, agent, or contractor of 
such a department or agency, for exclusively 
statistical purposes under this section shall be 
immune from the legal process and shall not, 
without the consent of the individual, agency, or 
other person who is the subject of the submis-
sion or provides that submission, be admitted 
as evidence or used for any purpose in any ac-
tion, suit, or other judicial or administrative 
proceeding. 
‘‘(C) RULE OF CONSTRUCTION.—Nothing 
in this section shall be construed to provide im-
munity from the legal process for such submis-
sion (including any data derived from the sub-
mission) if the submission is in the possession 
of any person, agency, or entity other than the 
Federal Government or an officer, employee, 
agent, or contractor of the Federal Government, 
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or if the submission is independently collected, 
retained, or produced for purposes other than 
the purposes of this Act. 
‘‘(b) SYSTEM RESPONSIBILITIES.— 
‘‘(1) IN GENERAL.—The workforce and labor 
market information system described in subsection 
(a) shall be planned, administered, overseen, and 
evaluated through a cooperative governance struc-
ture involving the Federal Government and States. 
‘‘(2) DUTIES.—The Secretary, with respect to 
data collection, analysis, and dissemination of work-
force and labor market information for the system, 
shall carry out the following duties: 
‘‘(A) Assign responsibilities within the De-
partment of Labor for elements of the work-
force and labor market information system de-
scribed in subsection (a) to ensure that all sta-
tistical and administrative data collected is con-
sistent with appropriate Bureau of Labor Sta-
tistics standards and definitions. 
‘‘(B) Actively seek the cooperation of other 
Federal agencies to establish and maintain 
mechanisms for ensuring complementarity and 
nonduplication in the development and oper-
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ation of statistical and administrative data col-
lection activities. 
‘‘(C) Eliminate gaps and duplication in 
statistical undertakings, with the systemization 
of wage surveys as an early priority. 
‘‘(D) In collaboration with the Bureau of 
Labor Statistics and States, develop and main-
tain the elements of the workforce and labor 
market information system described in sub-
section (a), including the development of con-
sistent procedures and definitions for use by the 
States in collecting the data and information 
described in subparagraphs (A) and (B) of sub-
section (a)(1). 
‘‘(E) Establish procedures for the system 
to ensure that— 
‘‘(i) such data and information are 
timely; 
‘‘(ii) paperwork and reporting for the 
system are reduced to a minimum; and 
‘‘(iii) States and localities are fully in-
volved in the development and continuous 
improvement of the system at all levels. 
‘‘(c) NATIONAL ELECTRONIC TOOLS TO PROVIDE 
SERVICES.—The Secretary is authorized to assist in the 
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development of national electronic tools that may be used 
to facilitate the delivery of work ready services described 
in section 134 and to provide workforce information to in-
dividuals through the one-stop delivery systems described 
in section 121 and through other appropriate delivery sys-
tems. 
‘‘(d) COORDINATION WITH THE STATES.— 
‘‘(1) IN
GENERAL.—The Secretary, working 
through the Bureau of Labor Statistics and the Em-
ployment and Training Administration, shall regu-
larly consult with representatives of State agencies 
carrying out workforce information activities regard-
ing strategies for improving the workforce and labor 
market information system. 
‘‘(2) FORMAL CONSULTATIONS.—At least twice 
each year, the Secretary, working through the Bu-
reau of Labor Statistics, shall conduct formal con-
sultations regarding programs carried out by the 
Bureau of Labor Statistics with representatives of 
each of the 6 Federal regions of the Bureau of 
Labor Statistics, elected (pursuant to a process es-
tablished by the Secretary) from the State directors 
affiliated with State agencies that perform the duties 
described in subsection (e)(2). 
‘‘(e) STATE RESPONSIBILITIES.— 
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‘‘(1) IN GENERAL.—In order to receive Federal 
financial assistance under this section, the Governor 
of a State shall— 
‘‘(A) be responsible for the management of 
the portions of the workforce and labor market 
information system described in subsection (a) 
that comprise a statewide workforce and labor 
market information system and for the State’s 
participation in the development of the annual 
plan; 
‘‘(B) establish a process for the oversight 
of such system; 
‘‘(C) consult with State and local employ-
ers, participants, and local workforce invest-
ment boards about the labor market relevance 
of the data to be collected and disseminated 
through the statewide workforce and labor mar-
ket information system; 
‘‘(D) consult with State educational agen-
cies and local educational agencies concerning 
the provision of employment statistics in order 
to meet the needs of secondary school and post- 
secondary school students who seek such infor-
mation; 
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‘‘(E) collect and disseminate for the sys-
tem, on behalf of the State and localities in the 
State, the information and data described in 
subparagraphs (A) and (B) of subsection 
(a)(1); 
‘‘(F) maintain and continuously improve 
the statewide workforce and labor market infor-
mation system in accordance with this section; 
‘‘(G) perform contract and grant respon-
sibilities for data collection, analysis, and dis-
semination for such system; 
‘‘(H) conduct such other data collection, 
analysis, and dissemination activities as will en-
sure an effective statewide workforce and labor 
market information system; 
‘‘(I) actively seek the participation of other 
State and local agencies in data collection, anal-
ysis, and dissemination activities in order to en-
sure complementarity, compatibility, and useful-
ness of data; 
‘‘(J) participate in the development of the 
annual plan described in subsection (c); and 
‘‘(K) utilize the quarterly records described 
in section 136(f)(2) of the Workforce Invest-
ment Act of 1998 to assist the State and other 
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States in measuring State progress on State 
performance measures. 
‘‘(2) RULE
OF
CONSTRUCTION.—Nothing in 
this section shall be construed as limiting the ability 
of a Governor to conduct additional data collection, 
analysis, and dissemination activities with State 
funds or with Federal funds from sources other than 
this section. 
‘‘(f) NONDUPLICATION REQUIREMENT.—None of the 
functions and activities carried out pursuant to this sec-
tion shall duplicate the functions and activities carried out 
under the Carl D. Perkins Career and Technical Edu-
cation Act of 2006 (20 U.S.C. 2301 et seq.). 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as may be necessary for each of the fiscal years 
2011 through 2015. 
‘‘(h) DEFINITION.—In this section, the term ‘local 
area’ means the smallest geographical area for which data 
can be produced with statistical reliability.’’. 
TITLE IV—AMENDMENTS TO THE 
REHABILITATION ACT OF 1973 
SEC. 401. FINDINGS. 
Section 2(a) of the Rehabilitation Act of 1973 (29 
U.S.C. 701(a)) is amended— 
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(1) in paragraph (5), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (6), by striking the period and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(7) there is a substantial need to improve and 
expand services for students with disabilities under 
this Act.’’. 
SEC. 402. REHABILITATION SERVICES ADMINISTRATION. 
Section 3(a) of the Rehabilitation Act of 1973 (29 
U.S.C. 702(a)) is amended— 
(1) by striking ‘‘Office of the Secretary’’ and 
inserting ‘‘Department of Education’’; 
(2) by striking ‘‘President by and with the ad-
vice and consent of the Senate’’ and inserting ‘‘Sec-
retary, except that the Commissioner appointed 
under the authority existing on the day prior to the 
date of enactment of the Workforce Investment Im-
provement Act of 2009 may continue to serve in the 
former capacity’’; and 
(3) by striking ‘‘, and the Commissioner shall 
be the principal officer,’’. 
SEC. 403. DIRECTOR. 
(a) IN GENERAL.—The Rehabilitation Act of 1973 
(29 U.S.C. 701 et seq.) is amended— 
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(1) by striking ‘‘Commissioner’’ each place it 
appears, except in sections 3(a) (as amended by sec-
tion 402) and 21, and inserting ‘‘Director’’; 
(2) in section 100(d)(2)(B), by striking ‘‘COM-
MISSIONER’’ and inserting ‘‘DIRECTOR’’; 
(3) in section 706, by striking ‘‘COMMIS-
SIONER’’ and inserting ‘‘DIRECTOR’’; and 
(4) in section 723(a)(3), by striking ‘‘COMMIS-
SIONER’’ and inserting ‘‘DIRECTOR’’. 
(b) EXCEPTION.—Section 21 of the Rehabilitation 
Act of 1973 (29 U.S.C. 718) is amended— 
(1) in subsection (b)(1)— 
(A) by striking ‘‘Commissioner’’ the first 
place it appears and inserting ‘‘Director of the 
Rehabilitation Services Administration’’; and 
(B) by striking ‘‘(referred to in this sub-
section as the ‘Director’)’’; and 
(2) by striking ‘‘Commissioner and the Direc-
tor’’ each place it appears and inserting ‘‘both such 
Directors’’. 
SEC. 404. DEFINITIONS. 
Section 7 of the Rehabilitation Act of 1973 (29 
U.S.C. 705) is amended— 
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262 
(1) by redesignating paragraphs (35) through 
(39) as paragraphs (36), (37), (38), (40), and (41), 
respectively; 
(2) in subparagraph (A)(ii) of paragraph (36) 
(as redesignated by paragraph (1)), by striking 
‘‘paragraph (36)(C)’’ and inserting ‘‘paragraph 
(37)(C)’’; 
(3) by inserting after paragraph (34) the fol-
lowing: 
‘‘(35)(A) The term ‘student with a disability’ 
means an individual with a disability who— 
‘‘(i) is not younger than 16 and not older 
than 21; 
‘‘(ii) has been determined to be eligible 
under section 102(a) for assistance under this 
title; and 
‘‘(iii)(I) is eligible for, and is receiving, 
special education under part B of the Individ-
uals with Disabilities Education Act (20 U.S.C. 
1411 et seq.); or 
‘‘(II) is an individual with a disability, for 
purposes of section 504. 
‘‘(B) The term ‘students with disabilities’ 
means more than 1 student with a disability.’’; and 
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263 
(4) by inserting after paragraph (38) (as redes-
ignated by paragraph (1)) the following: 
‘‘(39) The term ‘transition services expansion 
year’ means— 
‘‘(A) the first fiscal year for which the 
amount appropriated under section 100(b) ex-
ceeds the amount appropriated under section 
100(b) for fiscal year 2004 by not less than 
$100,000,000; and 
‘‘(B) each fiscal year subsequent to that 
first fiscal year.’’. 
SEC. 405. STATE PLAN. 
(a) COORDINATION WITH EDUCATION OFFICIALS 
AND
ASSISTIVE
TECHNOLOGY
PROGRAMS.—Section 
101(a)(11) of the Rehabilitation Act of 1973 (29 U.S.C. 
721(a)(11)) is amended— 
(1) in subparagraph (D)(i) by inserting ‘‘, 
which may be provided using alternative means of 
meeting participation (such as video conferences and 
conference calls)’’ before the semicolon; and 
(2) by adding at the end the following: 
‘‘(G) 
COORDINATION
WITH
ASSISTIVE 
TECHNOLOGY PROGRAMS.—The State plan shall 
include an assurance that the designated State 
unit and the lead agency responsible for car-
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264 
rying out duties under the Assistive Technology 
Act of 1998 (29 U.S.C. 3001 et seq.), as 
amended, have developed working relationships 
and coordinate their activities.’’. 
(b) 
ASSESSMENT
AND
STRATEGIES.—Section 
101(a)(15) of the Rehabilitation Act of 1973 (29 U.S.C. 
721(a)(15)) is amended— 
(1) in subparagraph (A) 
(A) in clause (i)— 
(i) in subclause (II), by striking 
‘‘and’’ at the end; 
(ii) in subclause (III), by adding 
‘‘and’’ at the end; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(IV) in a transition services ex-
pansion year, students with disabil-
ities, including their need for transi-
tion services;’’; and 
(B) by redesignating clauses (ii) and (iii) 
as clauses (iii) and (iv), respectively, and insert-
ing after clause (i) the following: 
‘‘(ii) include an assessment of the 
transition services provided under this Act, 
and coordinated with transition services 
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under the Individuals with Disabilities 
Education Act, as to those services meet-
ing the needs of individuals with disabil-
ities;’’; and 
(2) in subparagraph (D)— 
(A) by redesignating clauses (iii), (iv), and 
(v) as clauses (iv), (v), and (vi), respectively; 
and 
(B) by inserting after clause (ii) the fol-
lowing: 
‘‘(iii) in a transition services expan-
sion year, the methods to be used to im-
prove and expand vocational rehabilitation 
services for students with disabilities, in-
cluding the coordination of services de-
signed to facilitate the transition of such 
students from the receipt of educational 
services in school to the receipt of voca-
tional rehabilitation services under this 
title or to post-secondary education or em-
ployment;’’. 
(c) SERVICES FOR STUDENTS WITH DISABILITIES.— 
Section 101(a) of the Rehabilitation Act of 1973 (29 
U.S.C. 721(a)) is further amended by adding at the end 
the following: 
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