§ 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, § 1202, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3578; amended Pub. L. 105–220, title II, § 251(b)(2)(A), Aug. 7, 1998, 112 Stat. 1079; Pub. L. 105–277, div. A, § 101(f) [title VIII, §§ 201, 202], Oct. 21, 1998, 112 Stat. 2681–337, 2681–407, 2681–408; Pub. L. 106–554, § 1(a)(4) [div. B, title XVI, §§ 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 (§ 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 (§§ 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 (§ 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 (§ 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.

     2000—Subsec. (a)(1). Pub. L. 106–554, § 1(a)(4) [div. B, title XVI, § 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, § 1(a)(4) [div. B, title XVI, § 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, § 1(a)(4) [div. B, title XVI, § 1604(c)(1)(C)], added par. (3).

     Subsec. (b). Pub. L. 106–554, § 1(a)(4) [div. B, title XVI, § 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, § 1(a)(4) [div. B, title XVI, § 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, § 1(a)(4) [div. B, title XVI, § 1604(e)], substituted "that part" for "that section".

     Subsec. (e)(3) to (5). Pub. L. 106–554, § 1(a)(4) [div. B, title XVI, § 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, § 101(f) [title VIII, § 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, § 202, added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively.

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