Pub. L. 102-73, tit. I, sec. 102

NATIONAL INSTITUTE FOR LITERACY.

EnactedYear: 1991Length: 2,126 wordsOfficial source
SEC. 102. NATIONAL INSTITUTE FOR LITERACY. (a) Purpose.— It is the purpose of the amendment made by this section to enhance the national effort to eliminate the problem of illiteracy by the year 2000 by improving research, development and information dissemination through a national research center. (b) Findings.— The Congress finds that— (1) much too little is known about how to improve access to, and enhance the effectiveness of, adult literacy programs, assessment tools, and evaluation efforts; (2) there is neither a reliable nor a central source of information about the knowledge base in the area of literacy; (3) a national institute for literacy would— (A) provide a national focal point for research, technical assistance and research dissemination, policy analysis, and program evaluation in the area of literacy; and (B) facilitate a pooling of ideas and expertise across fragmented programs and research efforts, (c) Amendment to the Adult Education Act.— Section 384 of the Adult Education Act (20 U.S.C. 1213c) is amended— (1) in the second sentence of subsection (a), by inserting after “shall include” the following: “the operation of the Institute established by subsection (c) and”; and (2) by adding at the end the following: “(c) Establishment.— (1) There is established the National 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 head of any other agency designated by the President may be involved in the operation of the Institute as fits the involvement of such agency in accomplishing the purposes of the Institute. The Secretary may include in the Institute any research and development center supported under section 405(d)(4)(A)(ii) of the General Education Provisions Act and any other center, institute, or clearinghouse established within the Department of Education whose purpose is determined by the Secretary to be related to the purpose of the Institute. “(2) The Institute shall have offices separate from the offices of any agency or department involved in the operation of the Institute. 105 STAT. 335 “(3) The Interagency Group shall consider the Board's recommendations 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. If the Board's recommendations are not followed, the Interagency Group shall provide a written explanation to the Board concerning actions the Interagency Group has taken that includes the Interagency Group's reasons for not following the Board's recommendations with respect to such actions. The Board may also request a meeting with the Interagency Group to discuss the Board's recommendations. “(d) Duties.— (1) The Institute is authorized, in order to improve and expand the system for delivery of literacy services, to— “(A) assist appropriate Federal agencies in setting specific objectives and strategies for meeting the goals of this title and in measuring the progress of such agencies in meeting such goals; “(B) conduct basic and applied research and demonstrations on literacy, including— “(i) how adults learn to read and write and acquire other skills; “(ii) how the literacy skills of parents affect the ability of children to learn literacy skills; “(iii) the assessment of literacy skills and the development of instructional techniques; “(iv) the best methods for assisting adults and families to acquire literacy skills, including the use of technology; “(v) the special literacy needs of individuals with learning disabilities and individuals with limited English proficiency; “(vi) how to effectively reach and teach the most educationally disadvantaged individuals; “(vii) the use of technology and other studies which will increase the literacy knowledge base, use but not duplicate the work of other research services, and build on the efforts of such other research services; and “(viii) how to attract, train, and retrain professional and volunteer teachers of literacy; “(C) assist Federal, State, and local agencies in the development, implementation, and evaluation of policy with respect to literacy by— “(i) establishing a national data base with respect to— “(I) literacy and basic skills programs, including programs in Federal departments. State agencies, and local agencies, and programs that are privately supported through nonprofit entities and for profit entities; “(II) assessment tools and outcome measures; “(III) the amount and quality of basic education provided in the workplace by businesses and industries; and “(IV) progress made toward the national literacy goals; and “(ii) providing technical and policy assistance to government entities for the improvement of policy and programs relating to literacy and the development of model systems ' for implementing and coordinating Federal literacy pro- grams that can be replicated at the State and local level; 105 STAT. 336 “(D) provide program assistance, training, and technical assistance for literacy programs throughout the United States in order to improve the effectiveness of such programs and to increase the number of such programs, which assistance and training shall— “(i) be based on the best available research and knowledge; and “(ii) be coordinated with activities conducted by— “(I) regional educational laboratories supported under section 405(d)(4)(A)(i) of the General Education Provisions Act; “(II) curriculum centers assisted under section 251(a)(8) of the Carl D. Perkins Vocational and Applied Technology Education Act; and “(III) other educational and training entities that provide relevant technical assistance; “(E) collect and disseminate information to Federal, State, and local entities with respect to literacy methods that show great promise (including effective methods of assessment, effective literacy programs, and other information obtained through research or practice relating to adult and family learning that would increase the capacity and quality of literacy programs in the United States), using a variety of methods to ensure that the best information is received by State and local providers of literacy services; “(F) review and make recommendations regarding— “(i) ways to achieve uniformity among reporting requirements; “(ii) the development of performance measures; and “(iii) the development of standards for program effectiveness of literacy-related Federal programs; and “(G) provide a toll-free long-distance telephone line for literacy providers and volunteers. “(2) The Institute may enter into contracts or cooperative agreements with, or make grants to, individuals, public or private nonprofit 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. “(e) Literacy Leadership.— (1) The Institute is, in consultation with the Board, authorized to award fellowships, with such stipends and allowances that the Director considers necessary, to outstanding individuals pursuing careers in adult education or literacy in the areas of instruction, 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 providers at the national. State, or local level. “(3) Individuals receiving fellowships pursuant to this subsection shall be known as 'Literacy Leader Fellows'. “(f) National Institute Board.— (1) (A) There is established the National Institute Board (in this section referred to as the 'Board'). The Board shall consist of 10 individuals appointed by the President with the advice and consent of the Senate from individuals who— 105 STAT. 337 “(i) are not otherwise officers or employees of the Federal Government; “(ii) are representative of entities or groups described in subparagraph (B); and “(iii) are chosen from recommendations made to the President by individuals who represent such entities or groups. “(B) Entities or groups described in this subparagraph are— “(i) literacy organizations and providers of literacy services, including— “(I) providers of literacy services receiving assistance under this Act; and “(II) nonprofit providers of literacy services; “(ii) businesses that have demonstrated interest in literacy programs; “(iii) literacy students; “(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 appointment of the Director and staff of the Institute; “(B) provide independent advice on the operation of the Institute; and “(C) receive reports from the Interagency Group and the Director. “(3) The Interagency Group may carry out the duties of the Board until the expiration of the 180-day period beginning on the date of the enactment of the National Literacy Act of 1991. “(4) Except as otherwise provided, the Board established by this subsection shall be subject to the provisions of the Federal Advisory Committee Act. “(5) (A) Each member of the Board shall be appointed for a term of 3 years. Any such member may be appointed for not more than 2 consecutive terms. “(B) 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 members' term until a successor has taken office. A vacancy in the Board shall be filled in the manner in which the original appointment was made. A vacancy in the Board shall not affect the powers of the Board. “(6) A majority of the members of the Board shall constitute a quorum but a lesser number may hold hearings. Any recommendation may be passed only by a majority of its members present. “(7) The Chairperson and Vice Chairperson of the Board shall be elected by the members. The term of office of the Chairperson and Vice Chairperson shall be 2 years. “(8) The Board shall meet at the call of the Chairperson or a majority of its members. “(g) Gifts, Bequests, and Devises.— The Institute and the Board may accept (but not solicit), use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Institute or the Board, respectively. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Institute or the Board, respectively. 105 STAT. 338 “(h) 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. “(i) Staff.— The Interagency Group, after considering recommendations made by the Board, shall appoint and fix the pay of a Director. “(j) Applicabiltty 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 competitive 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 payable for GS-18 of the General Schedule. “(k) Experts and Consultants.— The Board and the Institute may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. “(l) Report.— The Institute shall submit a report to the Congress in each of the first 2 years in which it receives assistance under this section, and shall submit a report biennially thereafter. Each report submitted under this subsection shall include— “(1) a comprehensive and detailed description of the Institute's operations, activities, financial condition, and accomplishments in the field of literacy for such fiscal year; “(2) a description of how plans for the operation of the Institute for the succeeding fiscal year will facilitate achievement of the goals of the Institute and the goals of the literacy programs within the Department of Education, the Department of Labor, and the Department of Health and Human Services; and “(3) any additional minority, or dissenting views submitted by members of the Board. “(m) Nonduplication.— The Institute shall not duplicate any functions carried out by the Secretary pursuant to subsection (a) or (b). This subsection shall not be construed to prohibit the Secretary from delegating such functions to the Institute. “(n) Authorization of Appropriations.— (1) There are authorized to be appropriated for purposes of operating the Institute established by subsection (c) $15,000,000 for each of the fiscal years 1992, 1993, 1994, and 1995. “(2) Any amounts appropriated to the Secretary, the Secretary of Labor, the Secretary of Health and Human Services, or any other department that participates in the Institute for purposes that the Institute is authorized to perform under this section may be provided to the Institute for such purposes.”.