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‘‘(5) except as provided in subsection (c), be op-
erated by a partnership composed of—
‘‘(A) one or more local educational agen-
cies; and
‘‘(B) one or more community-based organi-
zations, institutions of higher education, private
non-profit organizations, or public agencies (in-
cluding correctional institutions or agencies)
other than local educational agencies.
‘‘(c) MIGRATORY
AND INDIAN FAMILIES.—From
funds reserved under section 3(b)(1)(C) for any fiscal
year, the Secretary shall, under such terms and conditions
as the Secretary shall establish, support Even Start family
literacy programs through grants to, or cooperative agree-
ments with—
‘‘(1) eligible applicants under section 107(b) for
migratory families; and
‘‘(2) Indian tribes and tribal organizations for
Indian families.
‘‘STATE ADMINISTRATION
‘‘SEC. 105. (a) DESIGNATED STATE AGENCY
OR
AGENCIES.—A State desiring to receive a grant under sec-
tion 102(a) shall, consistent with State law, designate an
education agency or agencies that shall be responsible for
the administration of services and activities under this
title, including—
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‘‘(1) the development, submission, and imple-
mentation of the State plan;
‘‘(2) consultation with other appropriate agen-
cies, groups, and individuals that are involved in, or
interested in, the development and implementation
of programs assisted under this title, such as busi-
ness, industry, labor organizations, and social service
agencies; and
‘‘(3) coordination with other State and Federal
education, training, employment, and social service
programs, and one-stop career centers.
‘‘(b) STATE-IMPOSED REQUIREMENTS.—Whenever a
State imposes any rule or policy relating to the adminis-
tration and operation of programs funded by this title (in-
cluding any rule or policy based on State interpretation
of any Federal law, regulation, or guideline), it shall iden-
tify the rule or policy as a State-imposed requirement.
‘‘STATE PLAN
‘‘SEC. 106. (a) FIVE-YEAR PLANS.—(1) Except as
provided in subsection (f), each State desiring to receive
a grant under this title for any fiscal year shall submit
to, or have on file with, the Secretary a five-year State
plan in accordance with this section. Each State plan sub-
mitted to the Secretary shall be approved by the des-
ignated State agency or agencies under section 105(a).
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‘‘(2) The State may submit its State plan as part
of a comprehensive plan that includes State plan provi-
sions under one or more of the following statutes: section
14302 of the Elementary and Secondary Education Act
of 1965; the Carl D. Perkins Career Preparation Edu-
cation Act of 1995; the Goals 2000: Educate America Act;
the Job Training Partnership Act, and the School-to-Work
Opportunities Act of 1994.
‘‘(b) PLAN ASSESSMENT.—In developing its State
plan, and any revisions to the State plan under subsection
(e), the State shall base its plan or revisions on a recent,
objective assessment of—
‘‘(1) the needs of individuals in the State for
adult education and family literacy programs, in-
cluding individuals most in need or hardest to serve
(such as educationally disadvantaged adults and
families, recent immigrants, individuals with limited
English proficiency, incarcerated individuals, home-
less individuals, recipients of public assistance, and
individuals with disabilities); and
‘‘(2) the capacity of programs and providers to
meet those needs, taking into account the priorities
under section 101 and the State’s performance goals
under section 109(a).
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‘‘(c) PUBLIC
PARTICIPATION.—In developing its
State plan, and any revisions under subsection (e), the
State shall consult widely with individuals, agencies, orga-
nizations, and institutions in the State that have an inter-
est in the provision and quality of adult education and
family literacy, including—
‘‘(1) individuals who currently participate, or
who want to participate, in adult education and fam-
ily literacy programs;
‘‘(2) practitioners and experts in adult edu-
cation and family literacy, social services, and
workforce development; and
‘‘(3) representatives of business and labor.
‘‘(d) PLAN CONTENTS.—The plan shall be in such
form and contain such information and assurances as the
Secretary may require, and shall include—
‘‘(1) a summary of the methods used to conduct
the assessment under subsection (b) and the find-
ings of that assessment;
‘‘(2) a description of how, in addressing the
needs identified in the State’s assessment, funds
under this title will be used to establish adult edu-
cation and family literacy programs, or improve or
expand current programs, that will lead to high-
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quality learning outcomes, including measurable
learning gains, for individuals in such programs;
‘‘(3) a statement of the State’s performance
goals and indicators established under section 109,
or, in the first plan, a description of how the State
will establish such performance goals and indicators;
‘‘(4) a description of the criteria the State will
use to award funds under this title to eligible appli-
cants under section 107, including how the State
will ensure that its selection of applicants to operate
programs assisted under this title will reflect the
findings of programs evaluations carried out under
section 110(a);
‘‘(5) a description of how the State will inte-
grate services and activities under this Act, includ-
ing planning and coordination of programs, with
those of other agencies, institutions, and organiza-
tions involved in adult education and family literacy,
such as the public school system, early childhood
education programs, social service agencies, busi-
ness, labor unions, libraries, institutions of higher
education, public health authorities, vocational edu-
cation and special education programs, one-stop ca-
reer centers, and employment or training programs,
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in order to ensure effective use of funds and to avoid
duplication of services;
‘‘(6) a description of the leadership activities
the State will carry out under section 103;
‘‘(7) any comments the Governor may have on
the State plan; and
‘‘(8) assurances that—
‘‘(A) the State will comply with the re-
quirements of this Act and the provisions of the
State plan;
‘‘(B) the State will use such fiscal control
and accounting procedures as are necessary for
the proper and efficient administration of this
title; and
‘‘(C) programs funded under this title will
be of such size, scope, and quality as to give re-
alistic promise of furthering the purpose of this
Act.
‘‘(e) PLAN REVISIONS.—When changes in conditions
or other factors require substantial modifications to an ap-
proved State plan, the designated State agency or agencies
shall submit a revision to the plan to the Secretary. Such
a revision shall be approved by the designated State agen-
cy or agencies.
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‘‘(f) PLANNING YEAR.—(1) For fiscal year 1996
only, a State may submit a one year State plan to the
Secretary that either satisfies the specific requirements of
this section or describes how the State will complete the
development of its State plan with respect to those specific
requirements within the following year. A State may use
funds reserved under section 102(b)(2) to complete the de-
velopment of its State plan.
‘‘(2) A one year State plan under this subsection
shall—
‘‘(A) be developed in accordance with subsection
(c); and
‘‘(B) contain the assurances described in sub-
section (d)(8).
‘‘(3) In order to receive a grant under section 102(a)
for fiscal year 1997, a State that submits a one year State
plan under this subsection shall submit a four year State
plan that covers fiscal year 1997 and the three succeeding
fiscal years.
‘‘(g) CONSULTATION.—The designated State agency
or agencies shall—
‘‘(1) submit the State plan, and any revision to
the State plan, to the Governor for review and com-
ment; and
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‘‘(2) ensure that any comments the Governor
may have are included with the State plan, or revi-
sion, when the State plan, or revision, is submitted
to the Secretary.
‘‘(h) PLAN APPROVAL.—(1) The Secretary shall ap-
prove a State plan, or a revision to an approved State
plan, if it meets the requirements of this section and is
of sufficient quality to meet the purpose of this Act, and
shall not finally disapprove a State plan, or a revision to
an approved State plan, except after giving the State rea-
sonable notice and an opportunity for a hearing.
‘‘(2) The Secretary shall establish a peer review proc-
ess to make recommendations regarding approval of State
plans and revisions to the State plans.
‘‘SUBGRANTS TO ELIGIBLE APPLICANTS
‘‘SEC. 107. (a) AUTHORITY.—(1) From funds avail-
able under section 102(b)(4), States shall make subgrants
to eligible applicants under subsection (b) to develop, im-
plement, and improve adult education and family literacy
programs within the State.
‘‘(2) To the extent practicable, States shall make
multi-year subgrants under this section.
‘‘(b) ELIGIBILITY.—(1) Except as provided for
subgrants for Even Start family literacy programs under
section 104, the following entities shall be eligible to apply
to the State for a subgrant under this section:
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‘‘(A) local educational agencies;
‘‘(B) community-based organizations;
‘‘(C) institutions of higher education;
‘‘(D) public and private nonprofit agencies (in-
cluding State and local welfare agencies, corrections
agencies, public libraries, and public housing au-
thorities); and
‘‘(E) consortia of such agencies, organizations,
institutions, or partnerships, including consortia that
include one or more for-profit agencies, organiza-
tions, or institutions, if such agencies, organizations,
or institutions can make a significant contribution to
attaining the objectives of this Act.
‘‘(2) Each State receiving funds under this title shall
ensure that all eligible applicants described under sub-
section (b)(1) receive equitable consideration for subgrants
under this section.
‘‘APPLICATIONS FROM ELIGIBLE APPLICANTS
‘‘SEC. 108. (a) APPLICATION.—Any eligible applicant
under sections 104(a) or 107(b)(1) that desires a subgrant
under this title shall submit an application to the State
containing such information and assurances as the State
may reasonably require, including—
‘‘(1) a description of the applicant’s current
adult education and family literacy programs, if any;
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‘‘(2) a description of how funds awarded under
this title will be spent;
‘‘(3) a description of how the applicant’s pro-
gram will help the State address the needs identified
in the State’s assessment under section 106(b)(1);
‘‘(4) the projected goals of the applicant with
respect to participant recruitment, retention, and
educational achievement, and how the applicant will
measure and report to the State regarding the infor-
mation required in section 110(a); and
‘‘(5) any cooperative arrangements the appli-
cant has with others (including arrangements with
social service agencies, one-stop career centers, busi-
ness, industry, and volunteer literacy organizations)
that have been made to deliver adult education and
family literacy programs.
‘‘(b) FUNDING.—In determining which applicants re-
ceive funds under this title, the State shall—
‘‘(1) give preference to those applicants that
serve local areas with high concentrations of individ-
uals in poverty or with low levels of literacy (includ-
ing English language Proficiency), or both;
‘‘(2) consider—
‘‘(A) the results of the evaluations required
under section 110(a), if any; and
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‘‘(B) the degree to which the applicant will
coordinate with and utilize other literacy and
social services available in the community
‘‘STATE PERFORMANCE GOALS AND INDICATORS
‘‘SEC. 109. (a) STATE-ESTABLISHED PERFORMANCE
GOALS AND INDICATORS.—Any State desiring to receive
a grant under section 102(a), in consultation with individ-
uals, agencies, organizations, and institutions described in
section 106(c), shall—
‘‘(1) identify performance goals that define the
level of student achievement to be attained by adult
education and family literacy programs, and express
such goals in an objective, quantifiable, and measur-
able form;
‘‘(2) identify performance indicators that State
and local recipients will use in measuring or assess-
ing progress toward achieving such goals; and
‘‘(3) by July 1, 1997, ensure that the State
performance indicators include, at least—
‘‘(i) achievement in linguistic skills, includ-
ing English language skills;
‘‘(ii) receipt of a high school diploma or its
equivalent;
‘‘(iii) entry into a postsecondary school, job
training program, employment, or career ad-
vancement; and
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‘‘(iv) successful transition of children to
school.
‘‘(b) TRANSITION.—Except as provided in subsection
(a)(3), each State receiving funds under this title may con-
tinue to use the indicators of program quality it developed
under section 331(a)(2) of the Adult Education Act as in
effect before the date of enactment of the Adult Education
and Family Literacy Reform Act of 1995, to the extent
that they are consistent with the State’s performance
goals.
‘‘(c) TECHNICAL ASSISTANCE.—The Secretary shall
provide technical assistance to States regarding the devel-
opment of the State’s performance goals and indicators
under subsection (a). Notwithstanding any other provision
of law, the Secretary may use funds reserved under section
3(b)(1)(B) to provide technical assistance under this sec-
tion.
‘‘EVALUATION, IMPROVEMENT, AND ACCOUNTABILITY
‘‘SEC. 110. (a) LOCAL EVALUATION.—Each recipient
of a subgrant under this title shall biennially evaluate,
using the performance goals and indicators established
under section 109, the programs supported under this title
and report to the State regarding the effectiveness of its
programs in addressing the priorities under section 101
and the needs identified in the State assessment under
section 106(b)(1).
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‘‘(b) IMPROVEMENT ACTIVITIES.—If a State deter-
mines, based on the applicable performance goals and indi-
cators established under section 109 and the evaluations
under subsection (a), that a subgrant recipient is not mak-
ing substantial progress in achieving the purpose of this
Act, the State may work jointly with the local recipient
to develop an improvement plan. If, after not more than
two years of implementation of the improvement plan, the
State determines that the recipient is not making substan-
tial progress, the State shall take whatever corrective ac-
tion it deems necessary, which may include termination
of funding or the implementation of alternative service ar-
rangements, consistent with State law. The State shall
take corrective action under the preceding sentence only
after it has provided technical assistance to the recipient
and shall ensure that any corrective action it takes allows
for continued services and activities to the recipient’s stu-
dents.
‘‘(c) STATE REPORT.—The State shall biennially re-
port to the Secretary on the quality and effectiveness of
the adult education and family literacy programs funded
through its subgrants under this title, based on the per-
formance goals and indicators under section 109(a) and
the needs identified in the State assessment under section
106(b)(1).
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‘‘(d) TECHNICAL ASSISTANCE.—If the Secretary de-
termines that the State is not properly implementing its
responsibilities under subsection (b), or is not making sub-
stantial progress in meeting the purpose of this Act, based
on its performance goals and indicators under section
109(a), the Secretary shall work with the State to imple-
ment improvement activities.
‘‘(e) WITHHOLDING OF FEDERAL FUNDS.—If, after
a reasonable time, but not earlier than one year after im-
plementing activities described in subsection (d), the Sec-
retary determines that the State is not making sufficient
progress, based on its performance goals and indicators
under section 109(a), the Secretary shall, after notice and
opportunity for a hearing, withhold from the State all, or
a portion, of the State’s allotment under this title. The
Secretary may use funds withheld under the preceding
sentence to provide, through alternative arrangements,
services and activities within the State that meet the pur-
poses of this Act.
‘‘ALLOTMENTS; REALLOTMENT
‘‘SEC. 111. (a) ALLOTMENT TO STATES.—(1) Sub-
ject to subsection (b), from the funds available under sec-
tion 102(a) for each fiscal year, the Secretary shall allot
to each State—
‘‘(A) a sum that bears the same ratio to one-
half that amount as the number of individuals in the
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State who are 16 years of age or older and not en-
rolled, or required to be enrolled, in secondary school
and who do not possess a high school diploma or its
equivalent, bears to the number of such individuals
in all the States; and
‘‘(B) a sum that bears the same ratio to one-
half that amount as the number of individuals in the
State who are 18 years of age or older and who are
living at or below poverty bears to the number of
such individuals in all the States.
‘‘(2)(A) The Secretary shall allot to the Common-
wealth of Puerto Rico an amount equal to 2.95 percent
of the funds available under section 102(a) for each fiscal
year.
‘‘(B) For the purpose of this subsection, the term
‘State’ shall be deemed to exclude the Commonwealth of
Puerto Rico.
‘‘(3) The numbers of individuals specified in para-
graph (1) shall be determined by the Secretary on the
basis of the latest estimates available to the Department
that are satisfactory to the Secretary.
‘‘(b) HOLD-HARMLESS.—(1) Notwithstanding any
other provision of law and subject to paragraph (2)—
‘‘(A) for fiscal year 1996, no State shall receive
under title I of this Act less than 90 percent of the
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sum of the payments made to the State for the fiscal
year 1995 for programs authorized by section 313 of
the Adult Education Act, section 1202 of the Ele-
mentary and Secondary Education Act of 1965, and
sections 202(c)(1)(C) and 262(c)(1)(C) of the Job
Training Partnership Act, as they were in effect
prior to the enactment of the Adult Education and
Family Literacy Reform Act of 1995; and
‘‘(B) for fiscal year 1997, no State shall receive
under title I of this Act less than 90 percent of the
amount it received under title I for fiscal year 1996.
‘‘(2) If for any fiscal year the amount available for
allotment under this section is insufficient to satisfy the
provisions of paragraph (1), the Secretary shall ratably
reduce the payments to all States for such services and
activities as necessary.
‘‘(c) REALLOTMENT.—If the Secretary determines
that any amount of a State’s allotment under this section
for any fiscal year will not be required for carrying out
the program for which such amount has been allotted, the
Secretary shall make such amount available for reallot-
ment to one or more other States on a basis that the Sec-
retary determines would best serve the purposes of this
Act. Any amount reallotted to a State under this sub-
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section shall be deemed to be part of its allotment for the
fiscal year in which it is obligated.
‘‘(d) REPORT.—The Secretary shall, by September
30, 2000—
‘‘(1) conduct a study to determine the availabil-
ity and reliability of statistical data on the number
of immigrants and limited English proficient individ-
uals in each State; and
‘‘(2) report to the Congress on the feasibility
and advisability of including such populations as fac-
tors in the formula under subsection (a)(1).
‘‘TITLE II—NATIONAL LEADERSHIP
‘‘NATIONAL LEADERSHIP ACTIVITIES
‘‘SEC. 201. (a) AUTHORITY.—From the amount re-
served under section 3(b)(1)(B) for any fiscal year, the
Secretary is authorized to establish a program of national
leadership and evaluation activities to enhance the quality
of adult education and family literacy nationwide.
‘‘(b) METHOD OF FUNDING.—The Secretary may
carry out national leadership and evaluation activities di-
rectly or through grants, contracts, and cooperative agree-
ments.
‘‘(c) USES OF FUNDS.—Funds used under this sec-
tion may be used for—
‘‘(1) research and development;
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‘‘(2) demonstration of model and innovative
programs;
‘‘(3) dissemination;
‘‘(4) evaluations and assessments, including
independent assessments of services and activities
assisted under this Act and of the condition and
progress of literacy in the United States;
‘‘(5) capacity building at the State and local
levels;
‘‘(6) data collection;
‘‘(7) professional development;
‘‘(8) technical assistance; and
‘‘(9) other activities designed to enhance the
quality of adult education and family literacy nation-
wide.
‘‘AWARDS FOR NATIONAL EXCELLENCE
‘‘SEC. 202. The Secretary may, from the amount re-
served under section 3(b)(1)(A) for any fiscal year after
fiscal year 1997, and through a peer review process, make
performance awards to one or more States that have—
‘‘(1) exceeded in an outstanding manner their
performance goals under section 109(a);
‘‘(2) make exemplary progress in developing,
implementing, or improving their adult education
and family literacy programs in accordance with the
priorities described in section 101; or
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‘‘(3) provided exemplary services and activities
for those individuals within the State who are most
in need of adult education and family literacy serv-
ices, or are hardest to serve.
‘‘NATIONAL INSTITUTE FOR LITERACY
‘‘SEC. 203. (a) PURPOSE.—The National Institute
for Literacy shall—
‘‘(1) provide national leadership;
‘‘(2) coordinate literacy services; and
‘‘(3) be a national resource for adult education
and family literacy, by providing the best and most
current information available and supporting the
creation of new ways to offer improved services.
‘‘(b) ESTABLISHMENT.—(1) There shall be a Na-
tional Institute for Literacy (in this section referred to as
the ‘Institute’). The Institute shall be administered under
the terms of an interagency agreement entered into by the
Secretary with the Secretary of Labor and the Secretary
of Health and Human Services (in this section referred
to as the ‘Interagency Group’). The Secretary may include
in the Institute any research and development center, in-
stitute, or clearinghouse established within the Depart-
ment of Education whose purpose is determined by the
Secretary to be related to the purpose of the Institute.
‘‘(2) The Interagency Group shall consider the rec-
ommendations of the National Institute for Literacy Advi-
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sory Board (the ‘Board’) under subsection (e) in planning
the goals of the Institute and in the implementation of
any programs to achieve such goals. The daily operations
of the Institute shall be carried out by the Director.
‘‘(c) DUTIES.—(1) In order to provide leadership for
the improvement and expansion of the system for delivery
of literacy services, the Institute is authorized, to—
‘‘(A) establish a national electronic data base of
information that disseminates information to the
broadest possible audience within the literacy and
basic skills field, and that includes—
‘‘(i) effective practices in the provision of
literacy and basic skills instruction, including
the integration of such instruction with occupa-
tional skills training;
‘‘(ii) public and private literacy and basic
skills programs and Federal, State, and local
policies affecting the provision of literacy serv-
ices at the national, State, and local levels;
‘‘(iii) opportunities for technical assistance,
meetings, conferences, and other opportunities
that lead to the improvement of literacy and
basic skills services; and
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‘‘(G) inform the development of policy with re-
spect to literacy and basic skills.
‘‘(2) The Institute may enter into contracts or coop-
erative agreements with, or make grants to, individuals,
public or private institutions, agencies, organizations, or
consortia of such institutions, agencies, or organizations
to carry out the activities of the Institute. Such grants,
contracts, or agreements shall be subject to the laws and
regulations that generally apply to grants, contracts, or
agreements entered into by Federal agencies.
‘‘(d) LITERACY LEADERSHIP.—(1) The Institute
may, in consultation with the Board, award fellowships,
with such stipends and allowances that the Director con-
siders necessary, to outstanding individuals pursuing ca-
reers in adult education or literacy in the areas of instruc-
tion, management, research, or innovation.
‘‘(2) Fellowships awarded under this subsection shall
be used, under the auspices of the Institute, to engage
in research, education, training, technical assistance, or
other activities to advance the field of adult education or
literacy, including the training of volunteer literacy provid-
ers at the national, State, or local level.
‘‘(3) The Institute, in consultation with the Board,
is authorized to award paid and unpaid internships to in-
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dividuals seeking to assist in carrying out the Institute’s
mission and to accept assistance from volunteers.
‘‘(e) NATIONAL INSTITUTE FOR LITERACY ADVISORY
BOARD.—(1)(A) There shall be a National Institute for
Literacy Advisory Board (the ‘Board’), which shall consist
of 10 individuals appointed by the President.
‘‘(B) The Board shall comprise individuals who are
not otherwise officers or employees of the Federal Govern-
ment and who are representative of such entities as—
‘‘(i) literacy organizations and providers of lit-
eracy services, including nonprofit providers, provid-
ers of English as a second language programs and
services, social service organizations, and providers
receiving assistance under this Act;
‘‘(ii) businesses that have demonstrated interest
in literacy programs;
‘‘(iii) literacy students, including those with dis-
abilities;
‘‘(iv) experts in the area of literacy research;
‘‘(v) State and local governments; and
‘‘(vi) organized labor.
‘‘(2) The Board shall—
‘‘(A) make recommendations concerning the ap-
pointment of the Director and staff of the Institute;
and
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‘‘(B) provide independent advice on the oper-
ation of the Institute.
‘‘(3)(A) Appointments to the Board made after the
date of enactment of the ‘Adult Education and Family
Literacy Reform Act of 1995’ shall be for three-year
terms, except that the initial terms for members may be
established at one, two, or three years in order to establish
a rotation in which one-third of the members are selected
each year.
‘‘(B) Any member appointed to fill a vacancy occur-
ring before the expiration of the term for which the mem-
ber’s predecessor was appointed shall be appointed only
for the remainder of that term. A member may serve after
the expiration of that members’ term until a successor has
taken office.
‘‘(4) The Chairperson and Vice Chairperson of the
Board shall be elected by the members.
‘‘(5) The Board shall meet at the call of the Chair-
person or a majority of its members.
‘‘(f) GIFTS, BEQUESTS, AND DEVISES.—(1) The In-
stitute may accept, administer, and use gifts or donations
of services, money, or property, whether real or personal,
tangible or intangible.
‘‘(2) The responsible official shall establish written
rules setting forth the criteria to be used by the Institute
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in determining whether the acceptance of contributions of
services, money, or property whether real or personal, tan-
gible or intangible services would reflect unfavorably upon
the ability of the Institute or any employee to carry out
its responsibilities or official duties in a fair and objective
manner, or would compromise the integrity or the appear-
ance of the integrity of its programs or any official in-
volved in those programs.
‘‘(g) MAILS.—The Board and the Institute may use
the United States mails in the same manner and under
the same conditions as other departments and agencies of
the United States.
‘‘(h) STAFF.—The Interagency Group, after consid-
ering recommendations made by the Board, shall appoint
and fix the pay of a Director.
‘‘(i) APPLICABILITY
OF CERTAIN CIVIL SERVICE
LAWS.—The Director and staff of the Institute may be
appointed without regard to the provisions of title 5,
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.
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‘‘(j) EXPERTS AND CONSULTANTS.—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 biennial
report to the Interagency Group and the Congress.
‘‘(l) FUNDING.—Any amounts appropriated to the
Secretary, the Secretary of Labor, the Secretary of Health
and Human Services, or any other department that par-
ticipates in the Institute for purposes that the Institute
is authorized to perform under this section may be pro-
vided to the Institute for such purposes.
‘‘TITLE III—GENERAL PROVISIONS
‘‘WAIVERS
‘‘SEC. 301. (a)(1) REQUEST
FOR WAIVER.—Any
State may request, on its own behalf or on behalf of a
local recipient, a waiver by the Secretary of Education,
the Secretary of the Interior, or the Secretary of Labor,
as appropriate, of one or more statutory or regulatory pro-
visions described in subsection (c) in order to carry out
adult education and family literacy programs under title
I more effectively.
‘‘(2) An Indian tribe or tribal organization may re-
quest a waiver by a Secretary described in subsection
(a)(1), as appropriate, of one or more statutory or regu-
latory provisions described in subsection (c) in order to
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carry out an Even Start family literacy program under
section 104(c) more effectively.
‘‘(b) GENERAL AUTHORITY.—(1) Except as provided
in subsection (d), a Secretary described in subsection
(a)(1) may waive any requirement of a statute listed in
subsection (c), or of the regulations issued under the stat-
ute, for a State that requests such a waiver—
‘‘(A) if, and only to the extent that, the Sec-
retary determines that such requirement impedes the
ability of the State or a subgrant recipient under
title I to carry out adult education and family lit-
eracy programs or activities in an effective manner;
‘‘(B) if the State waives, or agrees to waive,
any similar requirements of State law;
‘‘(C) if, in the case of a statewide waiver, the
State—
‘‘(i) has provided all subgrant recipients of
assistance under this title I in the State with
notice of, and an opportunity to comment on,
the State’s proposal to request a waiver; and
‘‘(ii) has submitted the comments of such
recipients to the Secretary; and
‘‘(D) if the State provides such information as
the Secretary reasonably requires in order to make
such determinations.
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‘‘(2) A Secretary shall act promptly on any request
submitted under paragraph (1).
‘‘(3) Each waiver approved under this subsection
shall be for a period not to exceed five years, except that
a Secretary may extend such period if the Secretary deter-
mines that the waiver has been effective in enabling the
State to carry out the purpose of this Act.
‘‘(c) EDUCATION PROGRAMS.—(1) The statutes sub-
ject to the waiver authority of the Secretary of Education
under this section are—
‘‘(A) this Act;
‘‘(B) part A of title I of the Elementary and
Secondary Education Act of 1965 (authorizing pro-
grams and activities to help disadvantaged children
meet high standards);
‘‘(C) part B of title II of the Elementary and
Secondary Education Act of 1965 (Dwight D. Eisen-
hower Professional Development Program);
‘‘(D) title VI of the Elementary and Secondary
Education Act of 1965 (Innovative Education Pro-
gram Strategies);
‘‘(E) part C of title VII of the Elementary and
Secondary Education Act of 1965 (Emergency Im-
migrant Education Program);
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‘‘(F) the School-to-Work Opportunities Act of
1994, but only with the concurrence of the Secretary
of Labor; and
‘‘(G) the Carl D. Perkins Career Preparation
Education Act of 1995.
‘‘(2) The Secretary of Interior may waive under this
section the provisions of part B of the Education Amend-
ments of 1978.
‘‘(3) The statutes subject to the waiver authority of
the Secretary of Labor under this section are—
‘‘(A) the Job Training Partnership Act; and
‘‘(B) the School-to-Work Opportunities Act of
1994, but only with the concurrence of the Secretary
of Education.
‘‘(d) WAIVERS NOT AUTHORIZED.—A Secretary may
not waive any statutory or regulatory requirement of the
programs listed in subsection (c) relating to—
‘‘(1) the basic purposes or goals of the affected
programs;
‘‘(2) maintenance of effort;
‘‘(3) comparability of services;
‘‘(4) the equitable participation of students at-
tending private schools;
‘‘(5) parental participation and involvement;
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‘‘(6) the distribution of funds to States or to
local recipients;
‘‘(7) the eligibility of an individual for partici-
pation in the affected programs;
‘‘(8) public health or safety, labor standards,
civil rights, occupational safety and health, or envi-
ronmental protection; or
‘‘(9) prohibitions or restrictions relating to the
construction of buildings or facilities.
‘‘(e) TERMINATION OF WAIVERS.—A Secretary shall
periodically review the performance of any State or local
recipient for which the Secretary has granted a waiver
under this section and shall terminate such waiver if the
Secretary determines that the performance of the State
affected by the waiver has been inadequate to justify a
continuation of the waiver, or the State fails to waive simi-
lar requirements of State law in accordance with sub-
section (b)(1)(B).
‘‘DEFINITIONS
‘‘SEC. 302. For the purpose of this Act:
‘‘(1) the term ‘adult’ means an individual who
is 16 years of age, or beyond the age of compulsory
school attendance under State law, and who is not
enrolled, or required to be enrolled, in secondary
school;
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‘‘(2) the term ‘adult education’ means services
or instruction below the college level for adults
who—
‘‘(A) lack sufficient education or literacy
skills to enable them to function effectively in
society; or
‘‘(B) do not have a certificate of gradua-
tion from a school providing secondary edu-
cation and who have not achieved an equivalent
level of education;
‘‘(3) the term ‘community-based organization’
means a private nonprofit organization that is rep-
resentative of a community or significant segments
of a community and that provides education, voca-
tional rehabilitation, job training, or internship serv-
ices and programs;
‘‘(4) the term ‘family literacy program’ means
a program that integrates adult education, parenting
education, and early childhood education into a uni-
fied set of services and activities for low-income fam-
ilies that are most in need of such services and ac-
tivities, and that is designed to help break the cycle
of intergenerational poverty and undereducation;
‘‘(5) the terms ‘Indian tribes’ and ‘tribal orga-
nizations’ have the meaning given such terms in sec-
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tion 3 of the Indian Self-Determination and Edu-
cation Assistance Act;
‘‘(6) the term ‘individual of limited English pro-
ficiency’ means an adult or out-of-school youth who
has limited ability in speaking, reading, writing, or
understanding the English language and—
‘‘(A) whose native language is a language
other than English; or
‘‘(B) who lives in a family or community
environment where a language other than Eng-
lish is the dominant language;
‘‘(7) the term ‘institution of higher education’
means any such institution as defined by section
1201(a) of the Higher Education Act of 1965;
‘‘(8) the term ‘literacy’ means an individual’s
ability to read, write, and speak in English, and
compute and solve problems at levels of proficiency
necessary to function on the job and in society, to
achieve one’s goals, and develop one’s knowledge and
potential;
‘‘(9) the term ‘local educational agency’ means
a public board of education or other public authority
legally constituted within a State for either adminis-
trative control or direction of, or to perform a serv-
ice function for, public elementary or secondary
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schools in a city, county, township, school district, or
other political subdivision of a State, or such com-
bination of school districts or counties as are recog-
nized in a State as an administrative agency for its
public elementary or secondary schools, except that,
if there is a separate board or other legally con-
stituted local authority having administrative control
and direction of adult education in public schools
therein, such term means such other board or au-
thority;
‘‘(10) the term ‘migratory family’ means a fam-
ily with a migratory child as defined in section
1309(2) of the Elementary and Secondary Edu-
cation Act of 1965;
‘‘(11) the term ‘public housing authority’ means
a public housing agency, as defined in 42 U.S.C.
1437a(b)(6), that participates in public housing, as
defined in 42 U.S.C. 1437a(b)(1).
‘‘(12) except under section 301, the term ‘Sec-
retary’ means the Secretary of Education; and
‘‘(13) 
except 
as 
provided 
in 
section
111(a)(2)(B), the term ‘State’ means each of the 50
States and the District of Columbia, the Common-
wealth of Puerto Rico, Guam, American Samoa, the
Northern Mariana Islands, and the Virgin Islands.’’.