20 U.S.C. § 1213c
Section 1213c · National research activities
Amended 3 times on record
The Secretary shall, through the Office of Educational Research and Improvement, support applied research, development, demonstration, dissemination, evaluation, and related activities which will contribute to the improvement and expansion of adult education in the Nation. Such activities shall include the operation of the Institute established by subsection (c) of this section and the establishment of a national clearinghouse to compile information on literacy curriculum and resources for adults, including youth and adults of limited English proficiency and adults with handicaps. The Secretary may support such activities directly, or through grants to, or cooperative agreements with, public or private institutions, agencies, or organizations, or individuals.
In addition to the responsibilities of the Assistant Secretary for Educational Research and Improvement under section 1221e1 of this title, the Assistant Secretary may, with funds available under that section, with funds available under other Federal programs, or with funds set aside under section 1201b(d) of this title, support research on the special needs of persons requiring adult education including a study of the magnitude and nature of the needs of adults with learning disabilities who are eligible for participation in adult education programs. The Assistant Secretary may support such research directly or through grants to, or contracts or cooperative agreements with, public or private institutions, agencies, or organizations.
(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 1221e(d)(4)(A)(ii)1 of this title 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.
(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.
(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 chapter 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 programs that can be replicated at the State and local level;
(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 1221e(d)(4)(A)(i)~2 of this title;
(II) curriculum centers assisted under section 2341(a)(8) of this title; 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.
(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”.
(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—
(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 July 25, 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.
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.
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.
The Interagency Group, after considering recommendations made by the Board, shall appoint and fix the pay of a Director.
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 GS 18 of the General Schedule.
The Board and the Institute may procure temporary and intermittent services under section 3109(b) of title 5.
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.
The Institute shall not duplicate any functions carried out by the Secretary pursuant to subsection (a) or (b) of this section. This subsection shall not be construed to prohibit the Secretary from delegating such functions to the Institute.
(1) There are authorized to be appropriated for purposes of operating the Institute established by subsection (c) of this section $15,000,000 for each of the fiscal years 1992, 1993, 1994, 1995, and 1996.
(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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
Section 1221e of this title, referred to in subsecs. (b), (c)(1), and (d)(1)(D)(ii)(I), was repealed by Pub. L. 103 227, title IX, §911(a), Mar. 31, 1994, 108 Stat. 213.
This Act, referred to in subsec. (f)(1)(B)(i)(I), means Pub. L. 89 750, Nov. 3, 1966, 80 Stat. 1191, as amended, known as the Elementary and Secondary Education Amendments of 1966. Title III of the Act, known as the Adult Education Act, is classified to this chapter. For complete classification of this Act to the Code, see Short Title of 1966 Amendment note set out under section 6301 of this title and Tables.
The Federal Advisory Committee Act, referred to in subsec. (f)(4), 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. (j), are classified to section 3301 et seq. of Title 5.
Amendments
1994—Subsec. (n)(1). Pub. L. 103 382 substituted “1995, and 1996” for “and 1995”.
1991—Subsec. (a). Pub. L. 102 73, §102(c)(1), inserted “the operation of the Institute established by subsection (c) of this section and”.
Subsecs. (c) to (n). Pub. L. 102 73, §102(c)(2), added subsecs. (c) to (n).
Purpose and Findings Regarding Literacy Amendments and National Institute for Literacy
Section 102(a), (b) of Pub. L. 102 73 provided that:
“(a) Purpose.—It is the purpose of the amendment made by this section [amending 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.”
Family Literacy Public Broadcasting Program
Section 304 of Pub. L. 102 73 provided that:
“(a) Program Authorized.—(1) The Secretary is authorized, subject to the availability of appropriations, to enter into a contract with the Corporation for Public Broadcasting to arrange for the production and dissemination of family literacy programming and accompanying materials which would assist parents in improving family literacy skills and language development. In producing and developing such programming, the Corporation for Public Broadcasting shall work in cooperation with local public broadcasting stations to avoid duplication of efforts.
“(2) After the program described in paragraph (1) is produced, the Corporation for Public Broadcasting shall arrange to have audio and video instructional media materials for distribution at sites chosen from among—
“(A) State and local libraries operating literacy programs, and
“(B) nonprofit entities serving hard-to-serve populations as defined in section 304(b)(2)[sic], including community-based organizations, volunteer organizations and other nongovernmental entities.
“(3) The audio and video instructional media materials described in paragraph (2) shall be used at sites described in paragraph (2), and on a loan basis, distributed to families.
“(4) One year after distribution of the audio and video instructional media materials, the Corporation for Public Broadcasting shall report to the Congress on the distribution and use of the audio and video instructional media materials produced pursuant to this subsection and such audio and video instructional media materials’ contribution in promoting literacy.
“(b) Authorization of Appropriations.—There are authorized to be appropriated $2,000,000 for fiscal year 1992 to carry out the provisions of subsection (i) [probably should be “(a)”], of which $100,000 shall be reserved for reproducing and distributing programming or audio and video instructional media materials.”
References in Other Laws to GS 16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS 16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of Pub. L. 101 509, set out in a note under section 5376 of Title 5.