§ 9252. National Institute for Literacy
(a)
Purpose
The purpose of this section is to establish a National Institute for Literacy that—
(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 Eunice Kennedy Shriver 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)
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.
(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;
(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 Eunice Kennedy Shriver 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—
(G)
to coordinate and share information with national organizations and associations that are interested in literacy and workforce investment activities;
(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—
(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.
(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.
(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.
(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
(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.