 
                CHAPTER 73--ADULT EDUCATION AND LITERACY
 
            SUBCHAPTER I--ADULT EDUCATION AND FAMILY LITERACY
 
              Part A--Adult Education and Literacy Programs
 
                      subpart 4--general provisions
 
Sec. 9252. National Institute for Literacy


(a) Purpose

    The purpose of this section is to establish a National Institute for 
Literacy that--
        (1) provides national leadership regarding literacy;
        (2) coordinates literacy services and policy; and
        (3) serves as a national resource for adult education and 
    literacy programs by--
            (A) providing the best and most current information 
        available, including the work of the National Institute of Child 
        Health and Human Development in the area of phonemic awareness, 
        systematic phonics, fluency, and reading comprehension, to all 
        recipients of Federal assistance that focuses on reading, 
        including programs under titles I and VII of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6301 et seq. and 7401 
        et seq.), the Head Start Act (42 U.S.C. 9831 et seq.), the 
        Individuals with Disabilities Education Act (20 U.S.C. 1400 et 
        seq.), and this Act; and
            (B) supporting the creation of new ways to offer services of 
        proven effectiveness.

(b) Establishment

                           (1) In general

        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 of Education with the Secretary of Labor and 
    the Secretary of Health and Human Services (in this section referred 
    to as the ``Interagency Group''). The Interagency Group may include 
    in the Institute any research and development center, institute, or 
    clearinghouse established within the Department of Education, the 
    Department of Labor, or the Department of Health and Human Services 
    the purpose of which is determined by the Interagency Group to be 
    related to the purpose of the Institute.

                             (2) Offices

        The Institute shall have offices separate from the offices of 
    the Department of Education, the Department of Labor, and the 
    Department of Health and Human Services.

                         (3) Recommendations

        The Interagency Group shall consider the recommendations of the 
    National Institute for Literacy Advisory Board (in this section 
    referred to as the ``Board'') established under subsection (e) of 
    this section in planning the goals of the Institute and in the 
    implementation of any programs to achieve the goals. If the Board's 
    recommendations are not followed, the Interagency Group shall 
    provide a written explanation to the Board concerning actions the 
    Interagency Group takes that are inconsistent with the Board's 
    recommendations, including the reasons for not following the Board's 
    recommendations with respect to the actions. The Board may also 
    request a meeting of the Interagency Group to discuss the Board's 
    recommendations.

                        (4) Daily operations

        The daily operations of the Institute shall be administered by 
    the Director of the Institute.

(c) Duties

                           (1) In general

        In order to provide leadership for the improvement and expansion 
    of the system for delivery of literacy services, the Institute is 
    authorized--
            (A) to establish a national electronic data base of 
        information that disseminates information to the broadest 
        possible audience within the literacy and basic skills field, 
        and that includes--
                (i) effective practices in the provision of literacy and 
            basic skills instruction, including instruction in phonemic 
            awareness, systematic phonics, fluency, and reading 
            comprehension, and the integration of literacy and basic 
            skills instruction with occupational skills training;
                (ii) public and private literacy and basic skills 
            programs, and Federal, State, and local policies, affecting 
            the provision of literacy services at the national, State, 
            and local levels;
                (iii) opportunities for technical assistance, meetings, 
            conferences, and other opportunities that lead to the 
            improvement of literacy and basic skills services; and
                (iv) a communication network for literacy programs, 
            providers, social service agencies, and students;

            (B) to coordinate support for the provision of literacy and 
        basic skills services across Federal agencies and at the State 
        and local levels;
            (C) to coordinate the support of reliable and replicable 
        research and development on literacy and basic skills in 
        families and adults across Federal agencies, especially with the 
        Office of Educational Research and Improvement in the Department 
        of Education, and to carry out basic and applied research and 
        development on topics that are not being investigated by other 
        organizations or agencies, such as the special literacy needs of 
        individuals with learning disabilities;
            (D) to collect and disseminate information on methods of 
        advancing literacy that show great promise, including phonemic 
        awareness, systematic phonics, fluency, and reading 
        comprehension based on the work of the National Institute of 
        Child Health and Human Development;
            (E) to provide policy and technical assistance to Federal, 
        State, and local entities for the improvement of policy and 
        programs relating to literacy;
            (F) to fund a network of State or regional adult literacy 
        resource centers to assist State and local public and private 
        nonprofit efforts to improve literacy by--
                (i) encouraging the coordination of literacy services;
                (ii) enhancing the capacity of State and local 
            organizations to provide literacy services; and
                (iii) serving as a link between the Institute and 
            providers of adult education and literacy activities for the 
            purpose of sharing information, data, research, expertise, 
            and literacy resources;

            (G) to coordinate and share information with national 
        organizations and associations that are interested in literacy 
        and workforce investment activities;
            (H) to advise Congress and Federal departments and agencies 
        regarding the development of policy with respect to literacy and 
        basic skills; and
            (I) to undertake other activities that lead to the 
        improvement of the Nation's literacy delivery system and that 
        complement other such efforts being undertaken by public and 
        private agencies and organizations.

          (2) Grants, contracts, and cooperative agreements

        The Institute may award grants to, or enter into contracts or 
    cooperative agreements with, individuals, public or private 
    institutions, agencies, organizations, or consortia of such 
    institutions, agencies, or organizations to carry out the activities 
    of the Institute.

(d) Literacy leadership

                           (1) In general

        The Institute, in consultation with the Board, may 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

        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) Interns and volunteers

        The Institute, in consultation with the Board, may award paid 
    and unpaid internships to individuals seeking to assist the 
    Institute in carrying out its mission. Notwithstanding section 1342 
    of title 31, the Institute may accept and use voluntary and 
    uncompensated services as the Institute determines necessary.

(e) National Institute for Literacy Advisory Board

                          (1) Establishment

        (A) In general

            There shall be a National Institute for Literacy Advisory 
        Board (in this section referred to as the ``Board''), which 
        shall consist of 10 individuals appointed by the President with 
        the advice and consent of the Senate.

        (B) Composition

            The Board shall be comprised of individuals who are not 
        otherwise officers or employees of the Federal Government and 
        who are representative of entities such as--
                (i) literacy organizations and providers of literacy 
            services, including nonprofit providers, providers of 
            English literacy programs and services, social service 
            organizations, and eligible providers receiving assistance 
            under this part;
                (ii) businesses that have demonstrated interest in 
            literacy programs;
                (iii) literacy students, including literacy students 
            with disabilities;
                (iv) experts in the area of literacy research;
                (v) State and local governments;
                (vi) State Directors of adult education; and
                (vii) representatives of employees, including 
            representatives of labor organizations.

                             (2) Duties

        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) Federal Advisory Committee Act

        Except as otherwise provided, the Board established by this 
    subsection shall be subject to the provisions of the Federal 
    Advisory Committee Act (5 U.S.C. App.).

                          (4) Appointments

        (A) In general

            Each member of the Board shall be appointed for a term of 3 
        years, except that the initial terms for members may be 1, 2, or 
        3 years in order to establish a rotation in which one-third of 
        the members are selected each year. Any such member may be 
        appointed 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. Any recommendation of the 
    Board may be passed only by a majority of the Board's members 
    present.

                      (6) Election of officers

        The Chairperson 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.

(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, tangible 
    or intangible.

                              (2) Rules

        The Board shall establish written 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 Institute 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) Staff

    The Interagency Group, after considering recommendations made by the 
Board, shall appoint and fix the pay of a Director.

(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 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 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.

(k) Report

    The Institute shall submit a report biennially to the Committee on 
Education and the Workforce of the House of Representatives and the 
Committee on Labor and Human Resources of the Senate. 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 the period covered by the report;
        (2) a description of how plans for the operation of the 
    Institute for the succeeding 2 fiscal years 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.

(l) Funding

    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.

(Pub. L. 105-220, title II, Sec. 242, Aug. 7, 1998, 112 Stat. 1073.)

                       References in Text

    The Elementary and Secondary Education Act of 1965, referred to in 
subsec. (a)(3)(A), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, as 
amended generally by Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 
108 Stat. 3519. Titles I and VII of the Act are classified generally to 
subchapters I (Sec. 6301 et seq.) and VII (Sec. 7401 et seq.), 
respectively, of chapter 70 of this title. For complete classification 
of this Act to the Code, see Short Title note set out under section 6301 
of this title and Tables.
    The Head Start Act, referred to in subsec. (a)(3)(A), 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 Individuals with Disabilities Education Act, referred to in 
subsec. (a)(3)(A), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84 
Stat. 175, as amended, which is classified generally to chapter 33 
(Sec. 1400 et seq.) of this title. For complete classification of this 
Act to the Code, see section 1400 of this title and Tables.
    This Act, referred to in subsec. (a)(3)(A), is Pub. L. 105-220, Aug. 
7, 1998, 112 Stat. 936, as amended, known as the Workforce Investment 
Act of 1998. For complete classification of this Act to the Code, see 
Short Title note set out under section 9201 of this title and Tables.
    The Federal Advisory Committee Act, referred to in subsec. (e)(3), 
is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set 
out in the Appendix to Title 5, Government Organization and Employees.
    The provisions of title 5 governing appointments in the competitive 
service, referred to in subsec. (i), are classified to section 3301 et 
seq. of Title 5, Government Organization and Employees.
    Level IV of the Executive Schedule, referred to in subsec. (i), is 
set out in section 5315 of Title 5, Government Organization and 
Employees.


                            Prior Provisions

    Provisions similar to this section were contained in section 1213c 
of this title prior to repeal by Pub. L. 105-220.


                     Termination of Advisory Boards

    Advisory boards established after Jan. 5, 1973, to terminate not 
later than the expiration of the 2-year period beginning on the date of 
their establishment, unless, in the case of a board established by the 
President or an officer of the Federal Government, such board is renewed 
by appropriate action prior to the expiration of such 2-year period, or 
in the case of a board established by Congress, its duration is 
otherwise provided for by law. See sections 3(2) and 14 of Pub. L. 92-
463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 
5, Government Organization and Employees.

                  Section Referred to in Other Sections

    This section is referred to in section 9211 of this title.
