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be 1, 2, or 3 years in order to establish a rota-
tion in which one-third of the members are se-
lected each year. Any such member may be ap-
pointed for not more than 2 consecutive terms. 
‘‘(B) VACANCIES.—Any member appointed 
to fill a vacancy occurring before the expiration 
of the term for which the member’s predecessor 
was appointed shall be appointed only for the 
remainder of that term. A member may serve 
after the expiration of that member’s term until 
a successor has taken office. 
‘‘(5) QUORUM.—A majority of the members of 
the Board shall constitute a quorum, but a lesser 
number may hold hearings. A recommendation of 
the Board may be passed only by a majority of the 
Board’s members present at a meeting for which 
there is a quorum. 
‘‘(6) ELECTION
OF
OFFICERS.—The Chair-
person and Vice Chairperson of the Board shall be 
elected by the members of the Board. The term of 
office of the Chairperson and Vice Chairperson shall 
be 2 years. 
‘‘(7) MEETINGS.—The Board shall meet at the 
call of the Chairperson or a majority of the members 
of the Board.
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‘‘(f) GIFTS, BEQUESTS, AND DEVISES.— 
‘‘(1) IN GENERAL.—The Institute may accept, 
administer, and use gifts or donations of services, 
money, or property, whether real or personal, tan-
gible or intangible. 
‘‘(2) RULES.—The Board shall establish writ-
ten rules setting forth the criteria to be used by the 
Institute in determining whether the acceptance of 
contributions of services, money, or property whether 
real or personal, tangible or intangible, would reflect 
unfavorably upon the ability of the Institute or any 
employee to carry out the responsibilities of the In-
stitute or employee, or official duties, in a fair and 
objective manner, or would compromise the integrity, 
or the appearance of the integrity, of the Institute’s 
programs or any official involved in those programs. 
‘‘(g) MAILS.—The Board and the Institute may use 
the United States mails in the same manner and under 
the same conditions as other departments and agencies of 
the United States. 
‘‘(h) DIRECTOR.—The Secretary of Education, after 
considering recommendations made by the Board and con-
sulting with the Interagency Group, shall appoint and fix 
the pay of the Director of the Institute and, when nec-
essary, shall appoint an Interim Director of the Institute.
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‘‘(i) APPLICABILITY
OF CERTAIN CIVIL SERVICE 
LAWS.—The Director and staff of the Institute may be 
appointed without regard to the provisions of title 5, 
United States Code, governing appointments in the com-
petitive service, and may be paid without regard to the 
provisions of chapter 51 and subchapter III of chapter 53 
of that title relating to classification and General Schedule 
pay rates, except that an individual so appointed may not 
receive pay in excess of the annual rate of basic pay pay-
able for level IV of the Executive Schedule. 
‘‘(j) EXPERTS AND CONSULTANTS.—The Institute 
may procure temporary and intermittent services under 
section 3109(b) of title 5, United States Code. 
‘‘(k) BIENNIAL REPORT.— 
‘‘(1) IN GENERAL.—The Institute shall submit 
a report biennially to the Committee on Education 
and the Workforce of the House of Representatives 
and the Committee on Health, Education, Labor, 
and Pensions of the Senate. Each report submitted 
under this subsection shall include— 
‘‘(A) a comprehensive and detailed descrip-
tion of the Institute’s operations, activities, fi-
nancial condition, and accomplishments in iden-
tifying and describing programs on reading, 
writing, and English language acquisition for
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children, youth, and adults for the period cov-
ered by the report; and 
‘‘(B) a description of how plans for the op-
eration of the Institute for the succeeding 2 fis-
cal years will facilitate achievement of the pur-
pose of the Institute. 
‘‘(2) FIRST REPORT.—The Institute shall sub-
mit its first report under this subsection to the Con-
gress not later than 1 year after the date of the en-
actment of the Job Training Improvement Act of 
2005. 
‘‘(l) ADDITIONAL FUNDING.—In addition to the 
funds authorized under section 205 and reserved for the 
Institute under section 211, the Secretary of Education, 
the Secretary of Health and Human Services, the Sec-
retary of Labor, or the head of any other Federal agency 
or department that participates in the activities of the In-
stitute may provide funds to the Institute for activities 
that the Institute is authorized to perform under this sec-
tion. 
‘‘SEC. 243. NATIONAL LEADERSHIP ACTIVITIES. 
‘‘The Secretary shall establish and carry out a pro-
gram of national leadership activities that may include the 
following:
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‘‘(1) Technical assistance, on request, including 
assistance— 
‘‘(A) on request to volunteer community- 
and faith-based organizations, including but not 
limited to, improving their fiscal management, 
research-based instruction, and reporting re-
quirements, and the development of measurable 
objectives to carry out the requirements of this 
title; 
‘‘(B) in developing valid, measurable, and 
reliable performance data, and using perform-
ance information for the improvement of adult 
education basic skills, English language acquisi-
tion, and family literacy education programs; 
‘‘(C) on adult education professional devel-
opment; and 
‘‘(D) in using distance learning and im-
proving the application of technology in the 
classroom, including instruction in English lan-
guage acquisition for individuals who have lim-
ited English proficiency. 
‘‘(2) Providing for the conduct of research on 
national literacy basic skill acquisition levels among 
adults, including the number of limited English pro-
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ficient adults functioning at different levels of read-
ing proficiency. 
‘‘(3) Improving the coordination, efficiency, and 
effectiveness of adult education and workforce devel-
opment services at the national, State, and local lev-
els. 
‘‘(4) Determining how participation in adult 
education basic skills, English language acquisition, 
and family literacy education programs prepares in-
dividuals for entry into and success in postsecondary 
education and employment, and in the case of pris-
on-based services, the effect on recidivism. 
‘‘(5) Evaluating how different types of pro-
viders, including community and faith-based organi-
zations or private for-profit agencies measurably im-
prove the skills of participants in adult education 
basic skills, English language acquisition, and family 
literacy education programs. 
‘‘(6) Identifying model integrated basic and 
workplace skills education programs, including pro-
grams for individuals with limited English pro-
ficiency coordinated literacy and employment serv-
ices, and effective strategies for serving adults with 
disabilities.
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‘‘(7) Supporting the development of an entity 
that would produce and distribute technology-based 
programs and materials for adult education, basic 
skills, and family literacy education programs using 
an intercommunication system, as that term is de-
fined in section 397 of the Communications Act of 
1934, and expand the effective outreach and use of 
such programs and materials to adult education eli-
gible providers. 
‘‘(8) Initiating other activities designed to im-
prove the measurable quality and effectiveness of 
adult education basic skills, English language acqui-
sition, and family literacy education programs na-
tionwide.’’. 
TITLE III—AMENDMENTS TO 
THE WAGNER-PEYSER ACT 
SEC. 301. AMENDMENTS TO THE WAGNER-PEYSER ACT. 
The Wagner-Peyser Act (29 U.S.C. 49 et. seq.) is 
amended— 
(1) by striking sections 1 through 13; 
(2) in section 14 by inserting ‘‘of Labor’’ after 
‘‘Secretary’’; and 
(3) by amending section 15 to read as follows:
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‘‘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 contin-
uous improvement of a nationwide workforce and 
labor market information system that includes— 
‘‘(A) statistical data from cooperative sta-
tistical survey and projection programs and 
data from administrative reporting systems 
that, taken together, enumerate, estimate, and 
project employment opportunities and condi-
tions at national, State, and local levels in a 
timely manner, including statistics on— 
‘‘(i) employment and unemployment 
status of national, State, and local popu-
lations, including self-employed, part-time, 
and seasonal workers; 
‘‘(ii) industrial distribution of occupa-
tions, as well as current and projected em-
ployment opportunities, wages, benefits 
(where data is available), and skill trends 
by occupation and industry, with particular 
attention paid to State and local condi-
tions;
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‘‘(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 
‘‘(iii) shall meet the needs for the in-
formation identified in section 134(d); 
‘‘(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;
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‘‘(D) procedures to ensure compatibility 
and additivity of the data and information de-
scribed in subparagraphs (A) and (B) from na-
tional, State, and local levels; 
‘‘(E) procedures to support standardization 
and aggregation of data from administrative re-
porting systems described in subparagraph (A) 
of employment-related programs; 
‘‘(F) analysis of data and information de-
scribed in subparagraphs (A) and (B) for uses 
such as— 
‘‘(i) national, State, and local policy-
making; 
‘‘(ii) implementation of Federal poli-
cies (including allocation formulas); 
‘‘(iii) program planning and evalua-
tion; and 
‘‘(iv) researching labor market dynam-
ics; 
‘‘(G) wide dissemination of such data, in-
formation, and analysis in a user-friendly man-
ner and voluntary technical standards for dis-
semination mechanisms; and 
‘‘(H) programs of—
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‘‘(i) training for effective data dis-
semination; 
‘‘(ii) research and demonstration; and 
‘‘(iii) programs and technical assist-
ance. 
‘‘(2) INFORMATION TO BE CONFIDENTIAL.— 
‘‘(A) IN
GENERAL.—No officer or em-
ployee of the Federal Government or agent of 
the Federal Government may— 
‘‘(i) use any submission that is fur-
nished for exclusively statistical purposes 
under the provisions of this section for any 
purpose other than the statistical purposes 
for which the submission is furnished; 
‘‘(ii) make any publication or media 
transmittal of the data contained in the 
submission described in clause (i) that per-
mits information concerning individual 
subjects 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
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examine an individual submission described 
in clause (i), 
without the consent of the individual, agency, or 
other person who is the subject of the submis-
sion or provides that submission. 
‘‘(B) IMMUNITY FROM LEGAL PROCESS.— 
Any submission (including any data derived 
from the submission) that is collected and re-
tained by a Federal department or agency, or 
an officer, employee, agent, or contractor of 
such a department or agency, for exclusively 
statistical purposes under this section shall be 
immune from the legal process and shall not, 
without the consent of the individual, agency, or 
other person who is the subject of the submis-
sion or provides that submission, be admitted 
as evidence or used for any purpose in any ac-
tion, suit, or other judicial or administrative 
proceeding. 
‘‘(C) RULE OF CONSTRUCTION.—Nothing 
in this section shall be construed to provide im-
munity from the legal process for such submis-
sion (including any data derived from the sub-
mission) if the submission is in the possession 
of any person, agency, or entity other than the