196
‘‘(ii) 
businesses 
that 
have 
dem-
onstrated interest in literacy programs;
‘‘(iii) literacy students;
‘‘(iv) experts in the area of literacy re-
search;
‘‘(v) State and local governments;
‘‘(vi) representatives of employees;
and
‘‘(vii) State directors of adult edu-
cation.
‘‘(2) DUTIES.—The Board—
‘‘(A) shall make recommendations concern-
ing the appointment of the Director and staff
of the Institute;
‘‘(B) shall provide independent advice on
the operation of the Institute; and
‘‘(C) shall receive reports from the Inter-
agency Group and the Director.
‘‘(3) FEDERAL
ADVISORY
COMMITTEE
ACT.—
Except as otherwise provided, the Board established
by this subsection shall be subject to the provisions
of the Federal Advisory Committee Act (5 U.S.C.
App.).
‘‘(4) TERMS.—
197
‘‘(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 1⁄3 of the members are selected
each year. Any such member may be appointed
for not more than 2 consecutive terms.
‘‘(B) 
VACANCY
APPOINTMENTS.—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. A vacancy in the Board shall be filled in
the manner in which the original appointment
was made. A vacancy in the Board shall not af-
fect the powers of the Board.
‘‘(5) QUORUM.—A majority of the members of
the Board shall constitute a quorum but a lesser
number may hold hearings. Any recommendation of
the Board may be passed only by a majority of the
Board’s members present.
‘‘(6) ELECTION
OF
OFFICERS.—The Chair-
person and Vice Chairperson of the Board shall be
198
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.—The Insti-
tute may accept, administer, and use gifts or donations
of services, money, or property, both real and personal.
‘‘(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 Federal Government.
‘‘(h) DIRECTOR.—The Interagency Group, after con-
sidering recommendations made by the Board, shall ap-
point and fix the pay of a Director.
‘‘(i) APPLICABILITY
OF CERTAIN CIVIL SERVICE
LAWS.—The Director and staff of the Institute may be
appointed without regard to the provisions of title 5,
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
199
receive pay in excess of the maximum rate payable under
section 5376 of title 5, United States Code.
‘‘(j) EXPERTS AND CONSULTANTS.—The Board and
the Institute may procure temporary and intermittent
services under section 3109(b) of title 5, United States
Code.
‘‘(k) REPORT.—The Institute shall submit a report
biennially to the committees of the United States House
of Representatives and the Senate having jurisdiction over
this Act. Each report submitted under this subsection
shall include—
‘‘(1) a comprehensive and detailed description
of the Institute’s operations, activities, financial con-
dition, and accomplishments in the field of literacy
for the period covered by the report;
‘‘(2) a description of how plans for the oper-
ation of the Institute for the succeeding two fiscal
years will facilitate achievement of the goals of the
Institute and the goals of the literacy programs
within the Department of Education, the Depart-
ment of Labor, and the Department of Health and
Human Services; and
‘‘(3) any additional minority, or dissenting
views submitted by members of the Board.
200
‘‘(l) FUNDING.—Any amounts appropriated to the
Secretary of Education, the Secretary of Labor, or the
Secretary of Health and Human Services for purposes
that the Institute is authorized to perform under this sec-
tion may be provided to the Institute for such purposes.
‘‘SEC. 522. NATIONAL LEADERSHIP ACTIVITIES.
‘‘The Secretary shall establish and carry out a pro-
gram of national leadership activities to enhance the qual-
ity of adult education and family literacy programs nation-
wide. Such activities may include the following:
‘‘(1) Providing technical assistance to recipients
of assistance under part A in developing and using
benchmarks and performance measures for improve-
ment of adult education and literacy activities, in-
cluding family literacy services.
‘‘(2) Awarding grants, on a competitive basis,
to an institution of higher education, a public or pri-
vate organization or agency, or a consortium of such
institutions, organizations, or agencies to carry out
research and technical assistance—
‘‘(A) for the purpose of developing, improv-
ing, and identifying the most successful meth-
ods and techniques for addressing the education
needs of adults; and
201
‘‘(B) to increase the effectiveness of, and
improve the quality of, adult education and lit-
eracy activities, including family literacy serv-
ices.
‘‘(3) Providing for the conduct of an independ-
ent evaluation and assessment of adult education
and literacy activities, through studies and analyses
conducted independently through grants and con-
tracts awarded on a competitive basis. Such evalua-
tion and assessment shall include descriptions of—
‘‘(A) the effect of benchmarks, perform-
ance measures, and other measures of account-
ability on the delivery of adult education and
literacy activities, including family literacy serv-
ices;
‘‘(B) the extent to which the adult edu-
cation and literacy activities, including family
literacy services, increase the literacy skills of
adults (and of children, in the case of family lit-
eracy services), lead the participants in such ac-
tivities to involvement in further education and
training, enhance the employment and earnings
of such participants, and, if applicable, lead to
other positive outcomes, such as reductions in
202
recidivism in the case of prison-based adult edu-
cation and literacy services; and
‘‘(C) the extent to which eligible agencies
have distributed funds part A to meet the needs
of adults through community-based organiza-
tions.
‘‘(4) Carrying out demonstration programs,
replicating model programs, disseminating best prac-
tices information, and providing technical assistance,
for the purposes of developing, improving, and iden-
tifying the most successful methods and techniques
for providing the activities assisted under part A.
‘‘(5) Other activities designed to enhance the
quality of adult education and literacy nationwide,
such as providing incentive grants to States consist-
ent with section 156.’’.
SEC. 503. REPEAL OF NATIONAL LITERACY ACT OF 1991.
The National Literacy Act of 1991 (Public Law 102–
73; 105 Stat. 333) is repealed.
SEC. 504. CONFORMING AMENDMENTS.
(a) REFUGEE EDUCATION ASSISTANCE ACT.—Sub-
section (b) of section 402 of the Refugee Education Assist-
ance Act of 1980 (8 U.S.C. 1522 note) is repealed.
(b) ELEMENTARY AND SECONDARY EDUCATION ACT
OF 1965.—
203
(1) 
SECTION
1206
OF
ESEA.—Section
1206(a)(1)(A) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6366(a)(1)(A)) is
amended by striking ‘‘an adult basic education pro-
gram’’ and inserting ‘‘adult education and literacy
activities’’.
(2) SECTION 3113 OF ESEA.—Section 3113(1)
of such Act (20 U.S.C. 6813(1)) is amended by
striking ‘‘section 312 of the Adult Education Act;’’
and inserting ‘‘section 503 of the Adult Education
and Family Literacy Act;’’.
(3) SECTION 9161 OF ESEA.—Section 9161(2)
of such Act (20 U.S.C. 7881(2)) is amended by
striking ‘‘section 312(2) of the Adult Education
Act.’’ and inserting ‘‘section 503 of the Adult Edu-
cation and Family Literacy Act.’’.
TITLE VI—MISCELLANEOUS
PROVISIONS
SEC. 601. REPEALERS.
(a) AMENDMENTS TO THE WAGNER-PEYSER ACT.—
Section 601 of the Job Training Partnership Act is hereby
repealed.
(b) AMENDMENTS TO PART C OF TITLE IV OF THE
SOCIAL SECURITY ACT.—Section 602 of the Job Training
Partnership Act is hereby repealed.
204
(c) EARNINGS DISREGARD.—Section 603 of the Job
Training Partnership Act is hereby repealed.
(d) SAVINGS PROVISION.—The repeals made by sub-
sections (a), (b), and (c), of any provision of law described
in any such subsection that amended or repealed another
provision of law does not in any way affect that amend-
ment or repeal.
SEC. 602. CONFORMING AMENDMENTS.
(a) ENFORCEMENT OF MILITARY SELECTIVE SERV-
ICE ACT.—Section 604 of the Job Training Partnership
Act (29 U.S.C 1504)—
(1) is redesignated as section 182 of such Act;
and
(2) added after section 181 of such Act.
(b) STATE JOB BANK SYSTEMS.—Section 605 of
such Act (29 U.S.C 1505) is amended—
(1) by striking subsection (a);
(2) in subsection (b), by striking ‘‘shall make
such’’ and inserting ‘‘may make’’;
(3) by redesignating subsections (b) and (c) as
subsections (a) and (b), respectively;
(4) by redesignating such section as section 466
of such Act; and
(5) by adding such section after section 465 of
such Act.
205
(c) STATE LABOR MARKET INFORMATION PRO-
GRAMS.—Section 125 of such Act (29 U.S.C. 1535)—
(1) is redesignated as section 467 of such Act;
and
(2) is added after section 466 of such Act.
TITLE 
VII—AMENDMENTS 
TO
STATE HUMAN RESOURCE IN-
VESTMENT COUNCIL
SEC. 701. AMENDMENTS TO COUNCIL.
(a) ESTABLISHMENT AND FUNCTIONS.—Section 701
of the Job Training Partnership Act (29 U.S.C. 1792) is
amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking ‘‘shall review’’ and in-
serting ‘‘reviews’’; and
(ii) by striking ‘‘advise’’ and inserting
‘‘advises’’;
(B) in paragraph (2), by striking ‘‘shall
advise’’ and inserting ‘‘advises’’;
(C) in paragraph (3), by striking ‘‘shall
carry’’ and inserting ‘‘carries’’;
(D) by striking paragraph (4);
(E) in paragraph (5), by striking ‘‘may
recommend’’ and inserting ‘‘recommends’’;
206
(F) in paragraph (6), to read as follows:
‘‘(6) prepares and recommends to the Governor
a strategic to be included as part of the State plan
under section 101 that would accomplish the goals
developed pursuant to paragraph (4);’’;
(G) in paragraph (7)—
(i) by striking ‘‘may monitor’’ and in-
serting ‘‘monitors’’; and
(ii) by striking the period at the end
and inserting ‘‘; and’’;
(H) by adding at the end the following:
‘‘(8) may serve as the collaborative process de-
scribed in section 102.’’; and
(I) 
by 
redesignating 
paragraphs 
(5)
through (8) (as amended or added, as the case
may be) as paragraphs (4) through (7), respec-
tively; and
(2) in subsection (b)—
(A) in paragraph (1)—
(i) in subparagraph (A), by striking
‘‘(A) Except as provided in subparagraph
(B), for purposes’’ and inserting ‘‘For pur-
poses’’; and
(ii) by striking subparagraph (B); and
(B) in paragraph (2)—
207
(i) by striking ‘‘applicable Federal
human resource programs’’ and all that
follows through ‘‘may include’’ and insert-
ing ‘‘applicable Federal human resource
programs may include’’;
(ii) in clause (v), by striking the
‘‘and’’ at the end;
(iii) in clause (vii)—
(I) by adding at the end before
the semicolon the following: ‘‘and title
I of the Personal Responsibility and
Work Opportunity Reconciliation Act
of 1996’’; and
(II) by redesignating clause (vii)
as clause (vi); and
(iv) in subparagraph (B)—
(I) by striking ‘‘may not include
programs authorized under’’; and
(II) by redesignating such sub-
paragraph as clause (vii); and
(v) 
by 
redesignating 
clauses 
(i)
through 
(vii) 
as 
subparagraphs 
(A)
through (G), respectively, and moving the
margin for each such subparagraph two
ems to the left.
208
(b) COMPOSITION.—Section 702 of such Act (29
U.S.C 1792a) is amended—
(1) by striking subsections (a), (b), and (c); and
(2) inserting the following:
‘‘Each State Council shall be composed of the individ-
uals and entities described in section 102(a).’’.
(c) ADMINISTRATION.—Section 703 of such Act (29
U.S.C. 1792b) is amended—
(1) in subsection (a)(2)—
(A) by inserting ‘‘for State administrative
expenses’’ after ‘‘funds otherwise available’’;
and
(B) by striking ‘‘, including funds avail-
able’’ and all that follows through ‘‘such Act’’;
(2) by striking subsection (c); and
(3) by redesignating subsection (d) as sub-
section (c).
SEC. 702. TRANSFER OF COUNCIL.
Title VII of the Job Training Partnership Act (29
U.S.C. 1792 et seq.), as amended by section 701, is trans-
ferred to the end of part A of title I of such Act, as amend-
ed by section 111 of this Act.
SEC. 703. CONFORMING AMENDMENTS.
(a) IN GENERAL.—Title VII of the Job Training
Partnership Act (29 U.S.C. 1792 et seq.), as transferred
209
to the end of part A of title I of such Act by section 702,
is amended—
(1) by striking the title heading;
(2) by redesignating such title as section 103 of
such Act and conforming the section heading and
margin accordingly;
(3) by redesignating sections 701 through 703
as subsections (a) through (c), respectively, of sec-
tion 103 (as redesignated by paragraph (2)) and
conforming the subsection headings and margins ac-
cordingly;
(4) by redesignating each subsection, para-
graph, and subparagraph of sections 701 through
703 (as such sections existed immediately prior to
the amendments made by paragraph (3)) as a para-
graph, subparagraph, and clause, respectively, of
section 103 (as redesignated by paragraph (3)) and
conforming the headings and margins accordingly;
and
(5) in subsection (a)(2)(B) (as redesignated),
by striking ‘‘paragraph (1)’’ and inserting ‘‘subpara-
graph (A)’’.
(b) ADDITIONAL AMENDMENT.—Section 103 of the
Job Training Partnership Act, as redesignated by sub-
215
‘‘(b) TABLE OF CONTENTS.—The table of contents
of this Act is as follows:
‘‘Sec. 1. Short title; table of contents.
‘‘Sec. 2. Statement of purpose.
‘‘Sec. 3. Authorization of appropriations.
‘‘Sec. 4. Definitions.
‘‘TITLE I—STATE AND LOCAL ADMINISTRATIVE PROVISIONS
‘‘PART A—STATE ADMINISTRATIVE PROVISIONS
‘‘Sec. 101. State plan.
‘‘Sec. 102. Collaborative process.
‘‘Sec. 103. State Human Resource Investment Council.
‘‘PART B—LOCAL ADMINISTRATIVE PROVISIONS
‘‘Sec. 121. Local workforce development areas.
‘‘Sec. 122. Local workforce development boards.
‘‘Sec. 123. Full service employment and training delivery system.
‘‘Sec. 124. Identification of training providers.
‘‘PART C—PROGRAM AND FISCAL PROVISIONS
‘‘SUBPART 1—GENERAL PROVISIONS
‘‘Sec. 141. General program requirements.
‘‘Sec. 142. Benefits.
‘‘Sec. 143. Labor standards.
‘‘Sec. 144. Grievance procedure.
‘‘Sec. 145. Prohibition against Federal control of education.
‘‘Sec. 146. Identification of additional imposed requirements.
‘‘Sec. 147. Authority of State legislature.
‘‘Sec. 148. Interstate agreements.
‘‘SUBPART 2—PERFORMANCE ACCOUNTABILITY PROVISIONS
‘‘Sec. 151. Performance accountability system.
‘‘Sec. 152. Indicators of performance.
‘‘Sec. 153. State adjusted benchmarks.
‘‘Sec. 154. Core indicators of performance.
‘‘Sec. 155. Report on performance.
‘‘Sec. 156. Incentive grants and sanctions.
‘‘SUBPART 3—OTHER PROVISIONS
‘‘Sec. 161. Program year.
‘‘Sec. 162. Prompt allocation of funds.
‘‘Sec. 163. Monitoring.
‘‘Sec. 164. Fiscal controls; sanctions.
‘‘Sec. 165. Reports; recordkeeping; investigations.
‘‘Sec. 166. Administrative Adjudication.
‘‘Sec. 167. Nondiscrimination.
‘‘Sec. 168. Administrative provisions.
‘‘Sec. 169. Utilization of services and facilities.