175 
‘‘TITLE 
II—ADULT 
EDUCATION 
AND FAMILY LITERACY EDU-
CATION 
‘‘SEC. 201. SHORT TITLE. 
‘‘This title may be cited as the ‘Adult Education and 
Family Literacy Education Act’. 
‘‘SEC. 202. PURPOSE. 
‘‘It is the purpose of this title to provide instructional 
opportunities for adults seeking to improve their literacy 
skills, including their basic reading, writing, speaking, and 
math skills, and support States and local communities in 
providing, on a voluntary basis, adult education and fam-
ily literacy education programs, in order to— 
‘‘(1) increase the literacy of adults, including the 
basic reading, writing, speaking, and math skills, to 
a level of proficiency necessary for adults to obtain 
employment and self-sufficiency and to successfully 
advance in the workforce; 
‘‘(2) assist adults in the completion of a sec-
ondary school education (or its equivalent) and the 
transition to a postsecondary educational institution; 
‘‘(3) assist adults who are parents to enable them 
to support the educational development of their chil-
dren and make informed choices regarding their chil-
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dren’s education including, through instruction in 
basic reading, writing, speaking, and math skills; and 
‘‘(4) assist adults who are not proficient in 
English in improving their reading, writing, speak-
ing, listening, comprehension, and math skills. 
‘‘SEC. 203. DEFINITIONS. 
‘‘In this title: 
‘‘(1) ADULT EDUCATION AND FAMILY LITERACY 
EDUCATION PROGRAMS.—The term ‘adult education 
and family literacy education programs’ means a se-
quence of academic instruction and educational serv-
ices below the postsecondary level that increase an in-
dividual’s ability to read, write, and speak English 
and perform mathematical computations leading to a 
level of proficiency equivalent to at least a secondary 
school completion that is provided for individuals— 
‘‘(A) who are at least 16 years of age; 
‘‘(B) who are not enrolled or required to be 
enrolled in secondary school under State law; 
and 
‘‘(C) who— 
‘‘(i) lack sufficient mastery of basic 
reading, writing, speaking, and math skills 
to enable the individuals to function effec-
tively in society; 
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‘‘(ii) do not have a secondary school 
diploma or its equivalent and have not 
achieved an equivalent level of education; or 
‘‘(iii) are English learners. 
‘‘(2) ELIGIBLE
AGENCY.—The term ‘eligible 
agency’— 
‘‘(A) means the primary entity or agency in 
a State or an outlying area responsible for ad-
ministering or supervising policy for adult edu-
cation and family literacy education programs 
in the State or outlying area, respectively, con-
sistent with the law of the State or outlying 
area, respectively; and 
‘‘(B) may be the State educational agency, 
the State agency responsible for administering 
workforce investment activities, or the State 
agency responsible for administering community 
or technical colleges. 
‘‘(3) ELIGIBLE
PROVIDER.—The term ‘eligible 
provider’ means an organization of demonstrated ef-
fectiveness which is— 
‘‘(A) a local educational agency; 
‘‘(B) a community-based or faith-based or-
ganization; 
‘‘(C) a volunteer literacy organization; 
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‘‘(D) an institution of higher education; 
‘‘(E) a public or private educational agen-
cy; 
‘‘(F) a library; 
‘‘(G) a public housing authority; 
‘‘(H) an institution that is not described in 
any of subparagraphs (A) through (G) and has 
the ability to provide adult education, basic 
skills, and family literacy education programs to 
adults and families; or 
‘‘(I) a consortium of the agencies, organiza-
tions, institutions, libraries, or authorities de-
scribed in any of subparagraphs (A) through 
(H). 
‘‘(4) ENGLISH
LANGUAGE
ACQUISITION
PRO-
GRAM.—The term ‘English language acquisition pro-
gram’ means a program of instruction— 
‘‘(A) designed to help English learners 
achieve competence in reading, writing, speak-
ing, and comprehension of the English language; 
and 
‘‘(B) that may lead to— 
‘‘(i) attainment of a secondary school 
diploma or its recognized equivalent; 
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‘‘(ii) transition to success in postsec-
ondary education and training; and 
‘‘(iii) employment or career advance-
ment. 
‘‘(5) FAMILY LITERACY EDUCATION PROGRAM.— 
The term ‘family literacy education program’ means 
an educational program that— 
‘‘(A) assists parents and students, on a vol-
untary basis, in achieving the purposes of this 
title as described in section 202; and 
‘‘(B) is of sufficient intensity in terms of 
hours and of sufficient quality to make sustain-
able changes in a family, is evidence-based, and, 
for the purpose of substantially increasing the 
ability of parents and children to read, write, 
and speak English, integrates— 
‘‘(i) interactive literacy activities be-
tween parents and their children; 
‘‘(ii) training for parents regarding 
how to be the primary teacher for their chil-
dren and full partners in the education of 
their children; 
‘‘(iii) parent literacy training that 
leads to economic self-sufficiency; and 
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180 
‘‘(iv) an age-appropriate education to 
prepare children for success in school and 
life experiences. 
‘‘(6) GOVERNOR.—The term ‘Governor’ means 
the chief executive officer of a State or outlying area. 
‘‘(7) INDIVIDUAL WITH A DISABILITY.— 
‘‘(A) IN
GENERAL.—The term ‘individual 
with a disability’ means an individual with any 
disability (as defined in section 3 of the Ameri-
cans with Disabilities Act of 1990). 
‘‘(B) INDIVIDUALS
WITH
DISABILITIES.— 
The term ‘individuals with disabilities’ means 
more than one individual with a disability. 
‘‘(8) ENGLISH
LEARNER.—The term ‘English 
learner’ means an adult or out-of-school youth who 
has limited ability in reading, writing, speaking, or 
understanding the English language, and— 
‘‘(A) whose native language is a language 
other than English; or 
‘‘(B) who lives in a family or community 
environment where a language other than 
English is the dominant language. 
‘‘(9) INTEGRATED EDUCATION AND TRAINING.— 
The term ‘integrated education and training’ means 
services that provide adult education and literacy ac-
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tivities contextually and concurrently with workforce 
preparation activities and workforce training for a 
specific occupation or occupational cluster. Such serv-
ices may include offering adult education services 
concurrent with credit-bearing postsecondary edu-
cation and training, including through co-instruction. 
‘‘(10) INSTITUTION
OF
HIGHER
EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given the term in section 101 of the Higher 
Education Act of 1965. 
‘‘(11) LITERACY.—The term ‘literacy’ means an 
individual’s ability to read, write, and speak in 
English, compute, and solve problems at a level of 
proficiency necessary to obtain employment and to 
successfully make the transition to postsecondary edu-
cation. 
‘‘(12) LOCAL EDUCATIONAL AGENCY.—The term 
‘local educational agency’ has the meaning given the 
term in section 9101 of the Elementary and Sec-
ondary Education Act of 1965. 
‘‘(13) OUTLYING
AREA.—The term ‘outlying 
area’ has the meaning given the term in section 101 
of this Act. 
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182 
‘‘(14) POSTSECONDARY
EDUCATIONAL
INSTITU-
TION.—The term ‘postsecondary educational institu-
tion’ means— 
‘‘(A) an institution of higher education that 
provides not less than a 2-year program of in-
struction that is acceptable for credit toward a 
bachelor’s degree; 
‘‘(B) a tribally controlled community col-
lege; or 
‘‘(C) a nonprofit educational institution of-
fering certificate or apprenticeship programs at 
the postsecondary level. 
‘‘(15) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Education. 
‘‘(16) STATE.—The term ‘State’ means each of 
the several States of the United States, the District of 
Columbia, and the Commonwealth of Puerto Rico. 
‘‘(17) STATE EDUCATIONAL AGENCY.—The term 
‘State educational agency’ has the meaning given the 
term in section 9101 of the Elementary and Sec-
ondary Education Act of 1965. 
‘‘(18) WORKPLACE
LITERACY
PROGRAM.—The 
term ‘workplace literacy program’ means an edu-
cational program that is offered in collaboration be-
tween eligible providers and employers or employee 
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183 
organizations for the purpose of improving the pro-
ductivity of the workforce through the improvement of 
reading, writing, speaking, and math skills. 
‘‘SEC. 204. HOME SCHOOLS. 
‘‘Nothing in this title shall be construed to affect home 
schools, whether or not a home school is treated as a home 
school or a private school under State law, or to compel 
a parent engaged in home schooling to participate in adult 
education and family literacy education activities under 
this title. 
‘‘SEC. 205. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out 
this title, $606,294,933 for fiscal years 2013 and for each 
of the 5 succeeding fiscal years. 
‘‘Subtitle A—Federal Provisions 
‘‘SEC. 211. RESERVATION OF FUNDS; GRANTS TO ELIGIBLE 
AGENCIES; ALLOTMENTS. 
‘‘(a) RESERVATION OF FUNDS.—From the sums ap-
propriated under section 205 for a fiscal year, the Secretary 
shall reserve 2.0 percent to carry out section 242. 
‘‘(b) GRANTS TO ELIGIBLE AGENCIES.— 
‘‘(1) IN GENERAL.—From the sums appropriated 
under section 205 and not reserved under subsection 
(a) for a fiscal year, the Secretary shall award a 
grant to each eligible agency having a State plan ap-
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proved under section 224 in an amount equal to the 
sum of the initial allotment under subsection (c)(1) 
and the additional allotment under subsection (c)(2) 
for the eligible agency for the fiscal year, subject to 
subsections (f) and (g). 
‘‘(2) PURPOSE OF GRANTS.—The Secretary may 
award a grant under paragraph (1) only if the eligi-
ble agency involved agrees to expend the grant in ac-
cordance with the provisions of this title. 
‘‘(c) ALLOTMENTS.— 
‘‘(1) INITIAL ALLOTMENTS.—From the sums ap-
propriated under section 205 and not reserved under 
subsection (a) for a fiscal year, the Secretary shall 
allot to each eligible agency having a State plan ap-
proved under section 224— 
‘‘(A) $100,000, in the case of an eligible 
agency serving an outlying area; and 
‘‘(B) $250,000, in the case of any other eli-
gible agency. 
‘‘(2) ADDITIONAL ALLOTMENTS.—From the sums 
appropriated under section 205, not reserved under 
subsection (a), and not allotted under paragraph (1), 
for a fiscal year, the Secretary shall allot to each eli-
gible agency that receives an initial allotment under 
paragraph (1) an additional amount that bears the 
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185 
same relationship to such sums as the number of 
qualifying adults in the State or outlying area served 
by the eligible agency bears to the number of such 
adults in all States and outlying areas. 
‘‘(d) QUALIFYING ADULT.—For the purpose of sub-
section (c)(2), the term ‘qualifying adult’ means an adult 
who— 
‘‘(1) is at least 16 years of age; 
‘‘(2) is beyond the age of compulsory school at-
tendance under the law of the State or outlying area; 
‘‘(3) does not have a secondary school diploma or 
its recognized equivalent; and 
‘‘(4) is not enrolled in secondary school. 
‘‘(e) SPECIAL RULE.— 
‘‘(1) IN GENERAL.—From amounts made avail-
able under subsection (c) for the Republic of Palau, 
the Secretary shall award grants to Guam, American 
Samoa, the Commonwealth of the Northern Mariana 
Islands, or the Republic of Palau to carry out activi-
ties described in this title in accordance with the pro-
visions of this title as determined by the Secretary. 
‘‘(2) TERMINATION
OF
ELIGIBILITY.—Notwith-
standing any other provision of law, the Republic of 
Palau shall be eligible to receive a grant under this 
title until an agreement for the extension of United 
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186 
States education assistance under the Compact of 
Free Association for the Republic of Palau becomes ef-
fective. 
‘‘(f) HOLD-HARMLESS PROVISIONS.— 
‘‘(1) IN GENERAL.—Notwithstanding subsection 
(c), and subject to paragraphs (2) and (3), for fiscal 
year 2013 and each succeeding fiscal year, no eligible 
agency shall receive an allotment under this title that 
is less than 90 percent of the allotment the eligible 
agency received for the preceding fiscal year under 
this title. 
‘‘(2) EXCEPTION.—An eligible agency that re-
ceives for the preceding fiscal year only an initial al-
lotment under subsection (c)(1) (and no additional al-
lotment under subsection (c)(2)) shall receive an allot-
ment equal to 100 percent of the initial allotment. 
‘‘(3) RATABLE
REDUCTION.—If for any fiscal 
year the amount available for allotment under this 
title is insufficient to satisfy the provisions of para-
graph (1), the Secretary shall ratably reduce the pay-
ments to all eligible agencies, as necessary. 
‘‘(g) REALLOTMENT.—The portion of any eligible 
agency’s allotment under this title for a fiscal year that the 
Secretary determines will not be required for the period 
such allotment is available for carrying out activities under 
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187 
this title, shall be available for reallotment from time to 
time, on such dates during such period as the Secretary 
shall fix, to other eligible agencies in proportion to the origi-
nal allotments to such agencies under this title for such 
year. 
‘‘SEC. 212. PERFORMANCE ACCOUNTABILITY SYSTEM. 
‘‘Programs and activities authorized under this title 
are subject to the performance accountability provisions de-
scribed in paragraph (2)(A) and (3) of section 136(b) and 
may, at a State’s discretion, include additional indicators 
identified in the State plan approved under section 224. 
‘‘Subtitle B—State Provisions 
‘‘SEC. 221. STATE ADMINISTRATION. 
‘‘Each eligible agency shall be responsible for the fol-
lowing activities under this title: 
‘‘(1) The development, submission, implementa-
tion, and monitoring 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 
activities assisted under this title. 
‘‘(3) Coordination and avoidance of duplication 
with other Federal and State education, training, cor-
rections, public housing, and social service programs. 
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188 
‘‘SEC. 222. STATE DISTRIBUTION OF FUNDS; MATCHING RE-
QUIREMENT. 
‘‘(a) STATE DISTRIBUTION OF FUNDS.—Each eligible 
agency receiving a grant under this title for a fiscal year— 
‘‘(1) shall use an amount not less than 82.5 per-
cent of the grant funds to award grants and contracts 
under section 231 and to carry out section 225, of 
which not more than 10 percent of such amount shall 
be available to carry out section 225; 
‘‘(2) shall use not more than 12.5 percent of the 
grant funds to carry out State leadership activities 
under section 223; and 
‘‘(3) shall use not more than 5 percent of the 
grant funds, or $65,000, whichever is greater, for the 
administrative expenses of the eligible agency. 
‘‘(b) MATCHING REQUIREMENT.— 
‘‘(1) IN GENERAL.—In order to receive a grant 
from the Secretary under section 211(b), each eligible 
agency shall provide, for the costs to be incurred by 
the eligible agency in carrying out the adult edu-
cation and family literacy education programs for 
which the grant is awarded, a non-Federal contribu-
tion in an amount that is not less than— 
‘‘(A) in the case of an eligible agency serv-
ing an outlying area, 12 percent of the total 
amount of funds expended for adult education 
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189 
and family literacy education programs in the 
outlying area, except that the Secretary may de-
crease the amount of funds required under this 
subparagraph for an eligible agency; and 
‘‘(B) in the case of an eligible agency serv-
ing a State, 25 percent of the total amount of 
funds expended for adult education and family 
literacy education programs in the State. 
‘‘(2) NON-FEDERAL CONTRIBUTION.—An eligible 
agency’s non-Federal contribution required under 
paragraph (1) may be provided in cash or in kind, 
fairly evaluated, and shall include only non-Federal 
funds that are used for adult education and family 
literacy education programs in a manner that is con-
sistent with the purpose of this title. 
‘‘SEC. 223. STATE LEADERSHIP ACTIVITIES. 
‘‘(a) IN GENERAL.—Each eligible agency may use 
funds made available under section 222(a)(2) for any of 
the following adult education and family literacy education 
programs: 
‘‘(1) The establishment or operation of profes-
sional development programs to improve the quality 
of instruction provided pursuant to local activities re-
quired under section 231(b). 
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‘‘(2) The provision of technical assistance to eli-
gible providers of adult education and family literacy 
education programs, including for the development 
and dissemination of evidence based research instruc-
tional practices in reading, writing, speaking, math, 
and English language acquisition programs. 
‘‘(3) The provision of assistance to eligible pro-
viders in developing, implementing, and reporting 
measurable progress in achieving the objectives of this 
title. 
‘‘(4) The provision of technology assistance, in-
cluding staff training, to eligible providers of adult 
education and family literacy education programs, 
including distance education activities, to enable the 
eligible providers to improve the quality of such ac-
tivities. 
‘‘(5) The development and implementation of 
technology applications or distance education, includ-
ing professional development to support the use of in-
structional technology. 
‘‘(6) Coordination with other public programs, 
including welfare-to-work, workforce development, and 
job training programs. 
‘‘(7) Coordination with existing support services, 
such as transportation, child care, and other assist-
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191 
ance designed to increase rates of enrollment in, and 
successful completion of, adult education and family 
literacy education programs, for adults enrolled in 
such activities. 
‘‘(8) The development and implementation of a 
system to assist in the transition from adult basic 
education to postsecondary education. 
‘‘(9) Activities to promote workplace literacy 
programs. 
‘‘(10) 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. 
‘‘(11) Integration of literacy, instructional, and 
occupational skill training and promotion of linkages 
with employees. 
‘‘(b) COORDINATION.—In carrying out this section, eli-
gible agencies shall coordinate where possible, and avoid du-
plicating 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 (includ-
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ing any rule or policy based on a State or outlying area 
interpretation of a Federal statute, regulation, or guide-
line), the State or outlying area shall identify, to eligible 
providers, the rule or policy as being imposed by the State 
or outlying area. 
‘‘SEC. 224. STATE PLAN. 
‘‘(a) 3–YEAR PLANS.— 
‘‘(1) IN GENERAL.—Each eligible agency desiring 
a grant under this title for any fiscal year shall sub-
mit to, or have on file with, the Secretary a 3-year 
State plan. 
‘‘(2) STATE UNIFIED PLAN.—The eligible agency 
may submit the State plan as part of a State unified 
plan described in section 501. 
‘‘(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 indi-
viduals 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; 
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‘‘(3) an assurance that the funds received under 
this title will not be expended for any purpose other 
than for activities under this title; 
‘‘(4) a description of how the eligible agency will 
fund local activities in accordance with the measur-
able goals described in section 231(d); 
‘‘(5) an assurance that the eligible agency will 
expend the funds under this title only in a manner 
consistent with fiscal requirements in section 241; 
‘‘(6) a description of the process that will be used 
for public participation and comment with respect 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 edu-
cational agency, the State board or agency re-
sponsible for administering block grants for tem-
porary assistance to needy families under title 
IV of the Social Security Act, the State council 
on disabilities, the State vocational rehabilita-
tion agency, and other State agencies that pro-
mote the improvement of adult education and 
family literacy education programs, and direct 
providers of such programs; and 
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194 
‘‘(B) may include consultation with the 
State agency on higher education, institutions 
responsible for professional development of adult 
education and family literacy education pro-
grams instructors, representatives of business 
and industry, refugee assistance programs, and 
faith-based organizations; 
‘‘(7) a description of the eligible agency’s strate-
gies for serving populations that include, at a min-
imum— 
‘‘(A) low-income individuals; 
‘‘(B) individuals with disabilities; 
‘‘(C) the unemployed; 
‘‘(D) the underemployed; and 
‘‘(E) individuals with multiple barriers to 
educational enhancement, including English 
learners; 
‘‘(8) 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; 
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‘‘(9) a description of the steps the eligible agency 
will take to ensure direct and equitable access, as re-
quired 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 
‘‘(B) how the State will increase the partici-
pation of business and industry in adult edu-
cation and family literacy education programs; 
‘‘(10) 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 evidence-based 
professional development to improve instruction; and 
‘‘(11) a description of how the eligible agency 
will consult with any State agency responsible for 
postsecondary education to develop adult education 
that prepares students to enter postsecondary edu-
cation without the need for remediation upon comple-
tion of secondary school equivalency programs. 
‘‘(c) PLAN REVISIONS.—When changes in conditions 
or other factors require substantial revisions to an approved 
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State plan, the eligible agency shall submit the revisions 
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 admin-
istering community or technical colleges, or outlying 
area for review and comment; and 
‘‘(2) ensure that any comments regarding the 
State plan by the Governor, the chief State school offi-
cer, or the State officer responsible for administering 
community or technical colleges, and any revision to 
the State plan, are submitted to the Secretary. 
‘‘(e) PLAN APPROVAL.—The Secretary shall— 
‘‘(1) 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 of 
this section or is inconsistent with specific provisions 
of this subtitle; and 
‘‘(2) not finally disapprove of a State plan before 
offering the eligible agency the opportunity, prior to 
the expiration of the 30-day period beginning on the 
date on which the eligible agency received the written 
determination described in paragraph (3), to review 
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the plan and providing technical assistance in order 
to assist the eligible agency in meeting the require-
ments 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 eli-
gible agency shall carry out corrections education and edu-
cation for other institutionalized individuals. 
‘‘(b) USES OF FUNDS.—The funds described in sub-
section (a) shall be used for the cost of educational programs 
for criminal offenders in correctional institutions and for 
other institutionalized individuals, including academic 
programs for— 
‘‘(1) basic skills education; 
‘‘(2) special education programs as determined 
by the eligible agency; 
‘‘(3) reading, writing, speaking, and math pro-
grams; 
‘‘(4) secondary school credit or diploma pro-
grams or their recognized equivalent; 
‘‘(5) integrated education and training; 
‘‘(6) postsecondary correctional education linked 
to employment; and 
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‘‘(7) transition to re-entry initiatives and other 
post-release services with the goal of reducing recidi-
vism. 
‘‘(c) PRIORITY.—Each eligible agency that is using as-
sistance provided under this section to carry out a program 
for criminal offenders within a correctional institution 
shall give priority to serving individuals who are likely to 
leave the correctional institution within 5 years of partici-
pation 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 reha-
bilitation center, or any other similar institution 
designed for the confinement or rehabilitation of 
criminal offenders. 
‘‘(2) CRIMINAL OFFENDER.—The term ‘criminal 
offender’ means any individual who is charged with, 
or convicted of, any criminal offense. 
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‘‘Subtitle C—Local Provisions 
‘‘SEC. 231. GRANTS AND CONTRACTS FOR ELIGIBLE PRO-
VIDERS. 
‘‘(a) GRANTS AND CONTRACTS.—From grant funds 
made available under section 222(a)(1), 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 pro-
grams within the State. 
‘‘(b) LOCAL ACTIVITIES.—The eligible agency shall re-
quire eligible providers receiving a grant or contract under 
subsection (a) to establish or operate— 
‘‘(1) programs that provide adult education and 
literacy activities; 
‘‘(2) programs that provide such activities con-
currently with postsecondary education or training or 
employment activities; or 
‘‘(3) credit-bearing postsecondary coursework. 
‘‘(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 eligible 
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 described in section 
136(b)(2)(A); 
‘‘(2) the past effectiveness of the eligible provider 
in improving the basic academic skills of adults and, 
for eligible providers receiving grants in the prior 
year, the success of the eligible provider receiving 
funding under this title in exceeding its performance 
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 with disabilities and individ-
uals who are low-income or have minimal reading, 
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201 
writing, speaking, and math skills, or are English 
learners; 
‘‘(4) the program is of sufficient intensity and 
quality for participants to achieve substantial learn-
ing gains; 
‘‘(5) educational practices are evidence-based; 
‘‘(6) the activities of the eligible provider effec-
tively employ advances in technology, and delivery 
systems including distance education; 
‘‘(7) the activities provide instruction in real-life 
contexts, including integrated education and training 
when appropriate, to ensure that an individual has 
the skills needed to compete in the workplace and ex-
ercise the rights and responsibilities of citizenship; 
‘‘(8) the activities are staffed by well-trained in-
structors, counselors, and administrators who meet 
minimum qualifications established by the State; 
‘‘(9) the activities are coordinated with other 
available resources in the community, such as through 
strong links with elementary schools and secondary 
schools, postsecondary educational institutions, local 
workforce investment boards, one-stop centers, job 
training programs, community-based and faith-based 
organizations, and social service agencies; 
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202 
‘‘(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 (consistent 
with section 136) and to monitor program perform-
ance; 
‘‘(12) the local communities have a demonstrated 
need for additional English language acquisition pro-
grams, and integrated education and training pro-
grams; 
‘‘(13) the capacity of the eligible provider to 
produce valid information on performance results, in-
cluding enrollments and measurable participant out-
comes; 
‘‘(14) adult education and family literacy edu-
cation programs offer rigorous reading, writing, 
speaking, and math content that are evidence based; 
and 
‘‘(15) applications of technology, and services to 
be provided by the eligible providers, are of sufficient 
intensity and duration to increase the amount and 
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203 
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 programs; 
and 
‘‘(3) each of the demonstrations required by sec-
tion 231(d). 
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204 
‘‘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 eligible 
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 development, 
and interagency coordination, the eligible provider may ne-
gotiate with the eligible agency in order to determine an 
adequate level of funds to be used for noninstructional pur-
poses. 
‘‘Subtitle D—General Provisions 
‘‘SEC. 241. ADMINISTRATIVE PROVISIONS. 
‘‘Funds made available for adult education and family 
literacy education programs under this title shall supple-
ment and not supplant other State or local public funds 
expended for adult education and family literacy education 
programs. 
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205 
‘‘SEC. 242. NATIONAL ACTIVITIES. 
‘‘The Secretary shall establish and carry out a pro-
gram of national activities that may include the following: 
‘‘(1) Providing technical assistance to eligible en-
tities, on request, to— 
‘‘(A) improve their fiscal management, re-
search-based instruction, and reporting require-
ments to carry out the requirements of this title; 
‘‘(B) improve its performance on the core 
indicators of performance described in section 
136; 
‘‘(C) provide adult education professional 
development; and 
‘‘(D) use distance education and improve 
the application of technology in the classroom, 
including instruction in English language acqui-
sition for English learners. 
‘‘(2) Providing for the conduct of research on na-
tional literacy basic skill acquisition levels among 
adults, including the number of adult English learn-
ers functioning at different levels of reading pro-
ficiency. 
‘‘(3) Improving the coordination, efficiency, and 
effectiveness of adult education and workforce develop-
ment services at the national, State, and local levels. 
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‘‘(4) Determining how participation in adult 
education, English language acquisition, and family 
literacy education programs prepares individuals for 
entry into and success in postsecondary education 
and employment, and in the case of prison-based serv-
ices, the effect on recidivism. 
‘‘(5) Evaluating how different types of providers, 
including community and faith-based organizations 
or private for-profit agencies measurably improve the 
skills of participants in adult education, English lan-
guage acquisition, and family literacy education pro-
grams. 
‘‘(6) Identifying model integrated basic and 
workplace skills education programs, including pro-
grams for English learners coordinated literacy and 
employment services, and effective strategies for serv-
ing 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.’’. 
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207 
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 by amending section 15 to read as follows: 
‘‘SEC. 15. WORKFORCE AND LABOR MARKET INFORMATION 
SYSTEM. 
‘‘(a) SYSTEM CONTENT.— 
‘‘(1) IN GENERAL.—The Secretary of Labor, in 
accordance with the provisions of this section, shall 
oversee the development, maintenance, and continuous 
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 conditions at na-
tional, State, and local levels in a timely man-
ner, including statistics on— 
‘‘(i) employment and unemployment 
status of national, State, and local popu-
lations, including self-employed, part-time, 
and seasonal workers; 
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‘‘(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 par-
ticular attention paid to State and local 
conditions; 
‘‘(iii) the incidence of, industrial and 
geographical location of, and number of 
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 
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209 
‘‘(iii) shall meet the needs for the infor-
mation identified in section 121; 
‘‘(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 described 
in subparagraphs (A) and (B) from national, 
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 
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210 
‘‘(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 dissemi-
nation; 
‘‘(ii) research and demonstration; and 
‘‘(iii) programs and technical assist-
ance. 
‘‘(2) INFORMATION TO BE CONFIDENTIAL.— 
‘‘(A) IN GENERAL.—No officer or employee 
of the Federal Government or agent of the Fed-
eral 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 publica-
tion or media transmittal of the data con-
tained in the submission described in clause 
(i) that permits information concerning an 
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211 
individual subject to be reasonably 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), 
without the consent of the individual, agency, or 
other person who is the subject of the submission 
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 submission or provides 
that submission, be admitted as evidence or used 
for any purpose in any action, suit, or other ju-
dicial or administrative proceeding. 
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