29 U.S.C. § 3332 — National leadership activities

Page 960 TITLE 29—LABOR § 3332 for the preceding fiscal year, then the fiscal ef- fort per student and the aggregate expendi- tures of an eligible agency required in order to avoid a reduction under paragraph (1)(B) shall be decreased by the same percentage as the percentage decrease in the amount so made available. (4) Waiver The Secretary may waive the requirements of this subsection for not more than 1 fiscal year, if the Secretary determines that a waiv- er would be equitable due to exceptional or un- controllable circumstances, such as a natural disaster or an unforeseen and precipitous de- cline in the financial resources of the State or outlying area of the eligible agency. If the Secretary grants a waiver under the preceding sentence for a fiscal year, the level of effort required under paragraph (1) shall not be re- duced in the subsequent fiscal year because of the waiver. (Pub. L. 113–128, title II, § 241, July 22, 2014, 128 Stat. 1620.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. § 3332. National leadership activities (a) In general The Secretary shall establish and carry out a program of national leadership activities to en- hance the quality and outcomes of adult edu- cation and literacy activities and programs na- tionwide. (b) Required activities The national leadership activities described in subsection (a) shall include technical assistance, including— (1) assistance to help States meet the re- quirements of section 3141 of this title; (2) upon request by a State, assistance pro- vided to eligible providers in using perform- ance accountability measures based on indica- tors described in section 3141 of this title, and data systems for the improvement of adult education and literacy activities; (3) carrying out rigorous research and eval- uation on effective adult education and lit- eracy activities, as well as estimating the number of adults functioning at the lowest levels of literacy proficiency, which shall be coordinated across relevant Federal agencies, including the Institute of Education Sciences; and (4) carrying out an independent evaluation at least once every 4 years of the programs and activities under this subchapter, taking into consideration the evaluation subjects re- ferred to in section 3224(a)(2) of this title. (c) Allowable activities The national leadership activities described in subsection (a) may include the following: (1) Technical assistance, including— (A) assistance related to professional de- velopment activities, and assistance for the purposes of developing, improving, identi- fying, and disseminating the most successful methods and techniques for providing adult education and literacy activities, based on scientifically valid research where available; (B) assistance in distance education and promoting and improving the use of tech- nology in the classroom, including instruc- tion in English language acquisition for English language learners; (C) assistance in the development and dis- semination of proven models for addressing the digital literacy needs of adults, includ- ing older adults; and (D) supporting efforts aimed at strength- ening programs at the State and local levels, such as technical assistance in program planning, assessment, evaluation, and moni- toring of activities carried out under this subchapter. (2) Funding national leadership activities ei- ther directly or through grants, contracts, or cooperative agreements awarded on a competi- tive basis to or with postsecondary edu- cational institutions, institutions of higher education, public or private organizations or agencies (including public libraries), or con- sortia of such institutions, organizations, or agencies, which may include— (A) developing, improving, and identifying the most successful methods and techniques for addressing the education needs of adults, including instructional practices using the essential components of reading instruction based on the work of the National Institute of Child Health and Human Development; (B) supporting national, regional, or local networks of private nonprofit organizations, public libraries, or institutions of higher education to strengthen the ability of such networks’ members to meet the performance requirements described in section 3141 of this title of eligible providers; (C) increasing the effectiveness, and im- proving the quality, of adult education and literacy activities, which may include— (i) carrying out rigorous research; (ii) carrying out demonstration pro- grams; (iii) accelerating learning outcomes for eligible individuals with the lowest lit- eracy levels; (iv) developing and promoting career pathways for eligible individuals; (v) promoting concurrent enrollment programs in adult education and credit bearing postsecondary coursework; (vi) developing high-quality professional development activities for eligible pro- viders; and (vii) developing, replicating, and dis- seminating information on best practices and innovative programs, such as— (I) the identification of effective strat- egies for working with adults with learn- ing disabilities and with adults who are English language learners; (II) integrated education and training programs; Page 961 TITLE 29—LABOR § 3341 (III) workplace adult education and lit- eracy activities; and (IV) postsecondary education and training transition programs; (D) providing for the conduct of an inde- pendent evaluation and assessment of adult education and literacy activities through grants and contracts awarded on a competi- tive basis, which shall include descriptions of— (i) the effect of performance account- ability measures and other measures of ac- countability on the delivery of adult edu- cation and literacy activities; (ii) the extent to which the adult edu- cation and literacy activities increase the literacy skills of eligible individuals, lead to involvement in education and training, enhance the employment and earnings of such participants, and, if applicable, lead to other positive outcomes, such as success in re-entry and reductions in recidivism in the case of prison-based adult education and literacy activities; (iii) the extent to which the provision of support services to eligible individuals en- rolled in adult education and literacy ac- tivities increase the rate of enrollment in, and successful completion of, such pro- grams; and (iv) the extent to which different types of providers measurably improve the skills of eligible individuals in adult education and literacy activities; (E) collecting data, such as data regarding the improvement of both local and State data systems, through technical assistance and development of model performance data collection systems; (F) determining how participation in adult education and literacy activities prepares el- igible individuals for entry into postsec- ondary education and employment and, in the case of programs carried out in correc- tional institutions, has an effect on recidi- vism; and (G) other activities designed to enhance the quality of adult education and literacy activities nationwide. (Pub. L. 113–128, title II, § 242, July 22, 2014, 128 Stat. 1621.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. § 3333. Integrated English literacy and civics education (a) In general From funds made available under section 3291(a)(2) of this title for each fiscal year, the Secretary shall award grants to States, from al- lotments under subsection (b), for integrated English literacy and civics education, in com- bination with integrated education and training activities. (b) Allotment (1) In general Subject to paragraph (2), from amounts made available under section 3291(a)(2) of this title for a fiscal year, the Secretary shall allo- cate— (A) 65 percent to the States on the basis of a State’s need for integrated English lit- eracy and civics education, as determined by calculating each State’s share of a 10-year average of the data of the Office of Immigra- tion Statistics of the Department of Home- land Security for immigrants admitted for legal permanent residence for the 10 most re- cent years; and (B) 35 percent to the States on the basis of whether the State experienced growth, as measured by the average of the 3 most re- cent years for which the data of the Office of Immigration Statistics of the Department of Homeland Security for immigrants admitted for legal permanent residence are available. (2) Minimum No State shall receive an allotment under paragraph (1) in an amount that is less than $60,000. (c) Goal Each program that receives funding under this section shall be designed to— (1) prepare adults who are English language learners for, and place such adults in, unsub- sidized employment in in-demand industries and occupations that lead to economic self- sufficiency; and (2) integrate with the local workforce devel- opment system and its functions to carry out the activities of the program. (d) Report The Secretary shall prepare and submit to the Committee on Education and the Workforce of the House of Representatives, and the Com- mittee on Health, Education, Labor, and Pen- sions of the Senate and make available to the public, a report on the activities carried out under this section. (Pub. L. 113–128, title II, § 243, July 22, 2014, 128 Stat. 1623.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. SUBCHAPTER III—GENERAL PROVISIONS PART A—WORKFORCE INVESTMENT § 3341. Privacy (a) Section 1232g of title 20 Nothing in this Act (including the amend- ments made by this Act) shall be construed to supersede the privacy protections afforded par- ents and students under section 1232g of title 20.