 
 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
    SUBCHAPTER I--HELPING DISADVANTAGED CHILDREN MEET HIGH STANDARDS
 
     Part B--William F. Goodling Even Start Family Literacy Programs
 
Sec. 6362. Program authorized


(a) Reservation for migrant programs, outlying areas, and Indian tribes

                           (1) In general

        For each fiscal year, the Secretary shall reserve 5 percent of 
    the amount appropriated under section 6302(b) of this title (or, if 
    such appropriated amount exceeds $200,000,000, 6 percent of such 
    amount) for programs, under such terms and conditions as the 
    Secretary shall establish, that are consistent with the purpose of 
    this part, and according to their relative needs, for--
            (A) children of migratory workers;
            (B) the outlying areas; and
            (C) Indian tribes and tribal organizations.

                          (2) Special rule

        After December 21, 2000, the Secretary shall award a grant, on a 
    competitive basis, of sufficient size and for a period of sufficient 
    duration to demonstrate the effectiveness of a family literacy 
    program in a prison that houses women and their preschool age 
    children and that has the capability of developing a program of high 
    quality.

          (3) Coordination of programs for American Indians

        The Secretary shall ensure that programs under paragraph (1)(C) 
    are coordinated with family literacy programs operated by the Bureau 
    of Indian Affairs in order to avoid duplication and to encourage the 
    dissemination of information on high quality family literacy 
    programs serving American Indians.

(b) Reservation for Federal activities

     (1) Evaluation, technical assistance, program improvement, 
                         and replication activities

        From amounts appropriated under section 6302(b) of this title, 
    the Secretary may reserve not more than 3 percent of such amounts 
    for purposes of--
            (A) carrying out the evaluation required by section 6369 of 
        this title; and
            (B) providing, through grants or contracts with eligible 
        organizations, technical assistance, program improvement, and 
        replication activities.

                            (2) Research

        In the case of fiscal years 2001 through 2004, if the amount 
    appropriated under section 6302(b) of this title for any of such 
    years--
            (A) is equal to or less than the amounts appropriated for 
        the preceding fiscal year, the Secretary may reserve from such 
        amount only the amount necessary to continue multiyear 
        activities carried out pursuant to section 6369b(b) of this 
        title that began during or prior to the preceding fiscal year; 
        or
            (B) exceeds the amount appropriated for the preceding fiscal 
        year, the Secretary shall reserve from such excess amount 
        $2,000,000 or 50 percent, whichever is less, to carry out 
        section 6369b(b) of this title.

(c) Reservation for grants

                        (1) Grants authorized

        For any fiscal year for which at least one State applies and 
    submits an application that meets the requirements and goals of this 
    subsection and for which the amount appropriated under section 
    6302(b) of this title exceeds the amount appropriated under such 
    section for the preceding fiscal year, the Secretary shall reserve, 
    from the amount of such excess remaining after the application of 
    subsection (b)(2) of this section, the amount of such remainder or 
    $1,000,000, whichever is less, to award grants, on a competitive 
    basis, to States to enable such States to plan and implement 
    statewide family literacy initiatives to coordinate and, where 
    appropriate, integrate existing Federal, State, and local literacy 
    resources consistent with the purposes of this part. Such 
    coordination and integration shall include funds available under the 
    Adult Education and Family Literacy Act [20 U.S.C. 9201 et seq.], 
    the Head Start Act [42 U.S.C. 9831 et seq.], this part, part A of 
    this subchapter, and part A of title IV of the Social Security Act 
    [42 U.S.C. 601 et seq.]. No State may receive more than one grant 
    under this subsection.

                            (2) Consortia

        (A) Establishment

            To receive a grant under this subsection, a State shall 
        establish a consortium of State-level programs under the 
        following laws:
                (i) This subchapter (other than part D).
                (ii) The Head Start Act.
                (iii) The Adult Education and Family Literacy Act.
                (iv) All other State-funded preschool programs and 
            programs providing literacy services to adults.

        (B) Plan

            To receive a grant under this subsection, the consortium 
        established by a State shall create a plan to use a portion of 
        the State's resources, derived from the programs referred to in 
        subparagraph (A), to strengthen and expand family literacy 
        services in such State.

        (C) Coordination with part C of subchapter II

            The consortium shall coordinate its activities with the 
        activities of the reading and literacy partnership for the State 
        established under section 6661b(d) of this title, if the State 
        educational agency receives a grant under section 6661b of this 
        title.

                       (3) Reading instruction

        Statewide family literacy initiatives implemented under this 
    subsection shall base reading instruction on scientifically based 
    reading research (as such term is defined in section 6661a of this 
    title).

                      (4) Technical assistance

        The Secretary shall provide, directly or through a grant or 
    contract with an organization with experience in the development and 
    operation of successful family literacy services, technical 
    assistance to States receiving a grant under this subsection.

                      (5) Matching requirement

        The Secretary shall not make a grant to a State under this 
    subsection unless the State agrees that, with respect to the costs 
    to be incurred by the eligible consortium in carrying out the 
    activities for which the grant was awarded, the State will make 
    available non-Federal contributions in an amount equal to not less 
    than the Federal funds provided under the grant.

(d) State allocation

                           (1) In general

        From amounts appropriated under section 6302(b) of this title 
    and not reserved under subsections (a), (b), and (c) of this 
    section, the Secretary shall make grants to States from allocations 
    under paragraph (2).

                           (2) Allocations

        Except as provided in paragraph (3), from the total amount 
    available for allocation to States in any fiscal year, each State 
    shall be eligible to receive a grant under paragraph (1) in an 
    amount that bears the same ratio to such total amount as the amount 
    allocated under part A of this subchapter to that State bears to the 
    total amount allocated under that part to all the States.

                             (3) Minimum

        No State shall receive a grant under paragraph (1) in any fiscal 
    year in an amount which is less than $250,000, or one-half of 1 
    percent of the amount appropriated under section 6302(b) of this 
    title and not reserved under subsections (a), (b), and (c) of this 
    section for such year, whichever is greater.

(e) Definitions

    For the purpose of this part--
        (1) the term ``eligible entity'' means a partnership composed of 
    both--
            (A) a local educational agency; and
            (B) a nonprofit community-based organization, a public 
        agency other than a local educational agency, an institution of 
        higher education, or a public or private nonprofit organization 
        other than a local educational agency, of demonstrated quality;

        (2) the term ``eligible organization'' means any public or 
    private nonprofit organization with a record of providing effective 
    services to family literacy providers, such as the National Center 
    for Family Literacy, Parents as Teachers, Inc., the Home Instruction 
    Program for Preschool Youngsters, and the Home and School Institute, 
    Inc.;
        (3) the terms ``Indian tribe'' and ``tribal organization'' have 
    the meanings given such terms in section 450b of title 25; and
        (4) the term ``State'' includes each of the 50 States, the 
    District of Columbia, and the Commonwealth of Puerto Rico.

(Pub. L. 89-10, title I, Sec. 1202, as added Pub. L. 103-382, title I, 
Sec. 101, Oct. 20, 1994, 108 Stat. 3578; amended Pub. L. 105-220, title 
II, Sec. 251(b)(2)(A), Aug. 7, 1998, 112 Stat. 1079; Pub. L. 105-277, 
div. A, Sec. 101(f) [title VIII, Secs. 201, 202], Oct. 21, 1998, 112 
Stat. 2681-337, 2681-407, 2681-408; Pub. L. 106-554, Sec. 1(a)(4) [div. 
B, title XVI, Secs. 1604(c)-(e), 1606(b)(1)], Dec. 21, 2000, 114 Stat. 
2763, 2763A-329, 2763A-330, 2763A-334.)

                       References in Text

    The Adult Education and Family Literacy Act, referred to in subsec. 
(c)(1), (2)(A)(iii), is title II of Pub. L. 105-220, Aug. 7, 1998, 112 
Stat. 1059, as amended, which is classified principally to subchapter I 
(Sec. 9201 et seq.) of chapter 73 of this title. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 9201 of this title and Tables.
    The Head Start Act, referred to in subsec. (c)(1), (2)(A)(ii), is 
subchapter B (Secs. 635-657) of chapter 8 of subtitle A of title VI of 
Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 499, as amended, which is 
classified generally to subchapter II (Sec. 9831 et seq.) of chapter 105 
of Title 42, The Public Health and Welfare. For complete classification 
of this Act to the Code, see Short Title note set out under section 9801 
of Title 42 and Tables.
    The Social Security Act, referred to in subsec. (c)(1), is act Aug. 
14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV of the 
Act is classified generally to part A (Sec. 601 et seq.) of subchapter 
IV of chapter 7 of Title 42, The Public Health and Welfare. For complete 
classification of this Act to the Code, see section 1305 of Title 42 and 
Tables.


                               Amendments

    2000--Subsec. (a)(1). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title 
XVI, Sec. 1604(c)(1)(A)], inserted ``(or, if such appropriated amount 
exceeds $200,000,000, 6 percent of such amount)'' after ``section 
6302(b) of this title'' in introductory provisions.
    Subsec. (a)(2). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVI, 
Sec. 1604(c)(1)(B)], substituted ``After December 21, 2000,'' for ``If 
the amount of funds made available under this subsection exceeds 
$4,600,000,''.
    Subsec. (a)(3). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVI, 
Sec. 1604(c)(1)(C)], added par. (3).
    Subsec. (b). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVI, 
Sec. 1604(c)(2)], reenacted heading without change and amended text 
generally. Prior to amendment, text read as follows: ``From amounts 
appropriated under section 6302(b) of this title, the Secretary may 
reserve not more than three percent of such amounts or the amount 
reserved to carry out the activities described in paragraphs (1) and (2) 
of subsection (a) of this section for the fiscal year 1994, whichever is 
greater, for purposes of--
        ``(1) carrying out the evaluation required by section 6369 of 
    this title; and
        ``(2) providing, through grants or contracts with eligible 
    organizations, technical assistance, program improvement, and 
    replication activities.''
    Subsec. (c)(1). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVI, 
Sec. 1604(d)], substituted ``For any fiscal year for which at least one 
State applies and submits an application that meets the requirements and 
goals of this subsection and for which the amount appropriated under 
section 6302(b) of this title exceeds the amount appropriated under such 
section for the preceding fiscal year, the Secretary shall reserve, from 
the amount of such excess remaining after the application of subsection 
(b)(2) of this section, the amount of such remainder or $1,000,000, 
whichever is less, to award grants,'' for ``From funds reserved under 
section 6661i(b)(3) of this title, the Secretary shall award grants,'' 
and inserted at end ``No State may receive more than one grant under 
this subsection.''
    Subsec. (d)(2). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVI, 
Sec. 1604(e)], substituted ``that part'' for ``that section''.
    Subsec. (e)(3) to (5). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title 
XVI, Sec. 1606(b)(1)], redesignated pars. (4) and (5) as (3) and (4), 
respectively, and struck out former par. (3) which read as follows: 
``the term `family literacy services' means services provided to 
participants on a voluntary basis that are of sufficient intensity in 
terms of hours, and of sufficient duration, to make sustainable changes 
in a family, and that integrate all of the following activities:
        ``(A) Interactive literacy activities between parents and their 
    children.
        ``(B) Training for parents regarding how to be the primary 
    teacher for their children and full partners in the education of 
    their children.
        ``(C) Parent literacy training that leads to economic self-
    sufficiency.
        ``(D) An age-appropriate education to prepare children for 
    success in school and life experiences.''
    1998--Subsec. (c). Pub. L. 105-277, Sec. 101(f) [title VIII, 
Sec. 201], amended subsec. (c) generally, substituting present 
provisions for former provisions which related: in par. (1), to grants 
authorized and, in par. (2), to matching requirement.
    Pub. L. 105-220 substituted ``Adult Education and Family Literacy 
Act'' for ``Adult Education Act'' in par. (1).
    Subsec. (e)(3) to (5). Pub. L. 105-277, Sec. 202, added par. (3) and 
redesignated former pars. (3) and (4) as (4) and (5), respectively.

                  Section Referred to in Other Sections

    This section is referred to in sections 6363, 6364, 6369, 6369b of 
this title.
