MANDATORY LITERACY PROGRAM.

SEC. 601. MANDATORY LITERACY PROGRAM. (a) Establishment.— The chief correctional officer of each State correctional system may establish a demonstration or system-wide functional literacy program. (b) Program Requirements.— (1) To qualify for funding under subsection (d), each functional literacy program shall— (A) to the extent possible, make use of advanced technologies; and (B) include— (i) a requirement that each person incarcerated in the system, jail, or detention center who is not functionally literate, except a person described in paragraph (2), shall participate in the program until the person— (I) achieves functional literacy or in the case of an individual with a disability, achieves a level of functional literacy commensurate with his or her ability; (II) is granted parole; (III) completes his or her sentence; or (IV) is released pursuant to court order; (ii) a prohibition on granting parole to any person described in clause (i) who refuses to participate in the program, unless the State parole board determines that the prohibition should be waived in a particular case; and (iii) adequate opportunities for appropriate education services and the screening and testing of all inmates for functional literacy and disiabilities affecting functional literacy, including learning disabilities, upon arrival in the system or at the jail or detention center. (2) The requirement of paragraph (1)(B) shall not apply to a person who— (A) is serving a life sentence without possibility of parole; (B) is terminally ill; or (C) is under a sentence of death. (c) Annual Report.— (1) Within 90 days after the close of the first calendar year in which a literacy program authorized by subsection105 STAT. 357 (a) is placed in operation, and annually for each of the 4 years thereafter, the chief correction officer of each State correctional system shall submit a report to the Attorney General with respect to its literacy program. (2) A report under paragraph (1) shall disclose— (A) the number of persons who were tested for eligibility during the preceding year; (B) the number of persons who were eligible for the literacy program during the preceding year; (C) the number of persons who participated in the literacy program during the preceding year; (D) the names and types of tests that were used to determine functional literacy and the names and types of testing that were used to determine disabilities affecting functional literacy; (E) the average number of hours of instruction that were provided per week and the average number per student during the preceding year; (F) sample data on achievement of participants in the program, including the number of participants who achieved functional literacy; (G) data on all direct and indirect costs of the program; and (H) a plan for implementing a system-wide mandatory functional literacy program, as required by subsection (b), and, if appropriate, information on progress toward such a program. (d) Compliance Grants,— (1) The Attorney General shall make grants to State correctional agencies who elect to establish a program described in subsection (a) for the purpose of assisting in carrying out the programs, developing the plans, and submitting the reports required by this section. (2) A State corrections agency is eligible to receive a grant under this subsection if the agency agrees to provide to the Attorney General— (A) such data as the Attorney General may request concerning the cost and feasibility of operating the mandatory functional literacy programs required by subsections (a) and (b); and (B) a detailed plan outlining the methods by which the requirements of subsections (a) and (b) will be met, including specific goals and timetables. (3) There are authorized to be appropriated for purposes of carrying out this section $10,000,000 for fiscal year 1992, $15,000,000 for fiscal year 1993, $20,000,000 for fiscal year 1994, and $25,000,000 for fiscal year 1995. (e) Definition.— For the purposes of this section, the term “functional literacy” means at least an eighth grade equivalence in reading on a nationally recognized standardized test.