29 U.S.C. § 3272 — Definitions

Page 951 TITLE 29—LABOR § 3272 fort will build better partnerships between businesses, community colleges, and other training providers to get Americans trained for the jobs of today and tomor- row. SECTION 1. Establishment. There is established an interagency Task Force on Skills for America’s Future (Task Force) to ensure that Federal policies promote innovative training programs and curricula, including successful public-private partnerships, at community colleges as well as in other settings, that will prepare the American workforce for 21st-century jobs. The Chair of the Council of Economic Advisers, the Assist- ant to the President for Economic Policy, and the As- sistant to the President for Domestic Policy shall serve as Co-Chairs of the Task Force. SEC. 2. Membership. In addition to the Co-Chairs, the Task Force shall consist of the following members, or any senior official designated by one of the following members who is a part of the member’s department, agency, or office, and who is a full time employee of the Federal Government: (a) the Secretary of Defense; (b) the Secretary of Agriculture; (c) the Secretary of Commerce; (d) the Secretary of Labor; (e) the Secretary of Health and Human Services; (f) the Secretary of Transportation; (g) the Secretary of Energy; (h) the Secretary of Education; (i) the Secretary of Veterans Affairs; (j) the Director of the Office of Management and Budget; (k) the Administrator of the Small Business Adminis- tration; (l) the Director of the Office of Science and Tech- nology Policy; and (m) the heads of other executive departments, agen- cies, or offices as the Co-Chairs may designate. SEC. 3. Administration. The Council of Economic Ad- visers shall provide administrative support for the Task Force to the extent permitted by law and within existing appropriations. SEC. 4. Mission and Functions. The Task Force shall work across executive departments and agencies to en- sure that Federal policies facilitate, and offer incen- tives for, innovative career-training and education op- portunities at community colleges as well as in other settings, and that these opportunities are directly re- lated to skills and job requirements across a range of industries. Using the best evidence available regarding effective practice, the Task Force shall develop rec- ommendations and options for meeting the following objectives: (a) improved public-private collaboration to develop career pathway and training programs with effective curricula, certifiable skills, and industry-recognized credentials and degrees; (b) identification of opportunities to amplify, accel- erate, or increase the scale of, successful public-private partnerships that match trained workers with prospec- tive employers; (c) identification and development of stackable cre- dentials that provide entry to and advancement along a career pathway in an in-demand occupation; (d) outreach to relevant stakeholders—including in- dustry, the adult workforce, younger students, edu- cational institutions, labor unions, policymakers, and community leaders—with expertise in skill develop- ment; (e) alignment of workforce training programs funded by the Departments of Education and Labor, as well as other Federal agencies, with innovative practices and regional market demands, to build on effective skills- based training for adult workers and younger students, including individuals with disabilities; (f) partnership with appropriate non-profit entities to engage the private sector in developing effective train- ing programs that provide students with recognizable and portable skills that are needed in the marketplace; and (g) greater use of technology to improve training, skills assessment, and labor market information. SEC. 5. General Provisions. (a) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of any necessary appropriations. (b) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (c) The heads of executive departments and agencies shall assist and provide information to the Task Force, consistent with applicable law, as may be necessary to carry out the functions of the Task Force. Each execu- tive department, agency, and office shall bear its own expenses of participating in the Task Force. (d) The Chair of the Council of Economic Advisers is hereby authorized and directed to publish this memo- randum in the Federal Register. BARACK OBAMA. § 3272. Definitions In this subchapter: (1) Adult education The term ‘‘adult education’’ means academic instruction and education services below the postsecondary level that increase an individ- ual’s ability to— (A) read, write, and speak in English and perform mathematics or other activities necessary for the attainment of a secondary school diploma or its recognized equivalent; (B) transition to postsecondary education and training; and (C) obtain employment. (2) Adult education and literacy activities The term ‘‘adult education and literacy ac- tivities’’ means programs, activities, and serv- ices that include adult education, literacy, workplace adult education and literacy activi- ties, family literacy activities, English lan- guage acquisition activities, integrated English literacy and civics education, work- force preparation activities, or integrated edu- cation and training. (3) Eligible agency The term ‘‘eligible agency’’ means the sole entity or agency in a State or an outlying area responsible for administering or supervising policy for adult education and literacy activi- ties in the State or outlying area, respec- tively, consistent with the law of the State or outlying area, respectively. (4) Eligible individual The term ‘‘eligible individual’’ means an in- dividual— (A) who has attained 16 years of age; (B) who is not enrolled or required to be enrolled in secondary school under State law; and (C) who— (i) is basic skills deficient; (ii) does not have a secondary school di- ploma or its recognized equivalent, and has not achieved an equivalent level of education; or (iii) is an English language learner. (5) Eligible provider The term ‘‘eligible provider’’ means an orga- nization that has demonstrated effectiveness Page 952 TITLE 29—LABOR § 3272 in providing adult education and literacy ac- tivities that may include— (A) a local educational agency; (B) a community-based organization or faith-based organization; (C) a volunteer literacy organization; (D) an institution of higher education; (E) a public or private nonprofit agency; (F) a library; (G) a public housing authority; (H) a nonprofit institution that is not de- scribed in any of subparagraphs (A) through (G) and has the ability to provide adult edu- cation and literacy activities to eligible in- dividuals; (I) a consortium or coalition of the agen- cies, organizations, institutions, libraries, or authorities described in any of subpara- graphs (A) through (H); and (J) a partnership between an employer and an entity described in any of subparagraphs (A) through (I). (6) English language acquisition program The term ‘‘English language acquisition pro- gram’’ means a program of instruction— (A) designed to help eligible individuals who are English language learners achieve competence in reading, writing, speaking, and comprehension of the English language; and (B) that leads to— (i)(I) attainment of a secondary school diploma or its recognized equivalent; and (II) transition to postsecondary edu- cation and training; or (ii) employment. (7) English language learner The term ‘‘English language learner’’ when used with respect to an eligible individual, means an eligible individual who has limited ability in reading, writing, speaking, or com- prehending the English language, and— (A) whose native language is a language other than English; or (B) who lives in a family or community en- vironment where a language other than English is the dominant language. (8) Essential components of reading instruc- tion The term ‘‘essential components of reading instruction’’ means explicit and systematic in- struction in— (A) phonemic awareness; (B) phonics; (C) vocabulary development; (D) reading fluency, including oral reading skills; and (E) reading comprehension strategies. (9) Family literacy activities The term ‘‘family literacy activities’’ means activities that are of sufficient intensity and quality, to make sustainable improvements in the economic prospects for a family and that better enable parents or family members to support their children’s learning needs, and that integrate all of the following activities: (A) Parent or family adult education and literacy activities that lead to readiness for postsecondary education or training, career advancement, and economic self-sufficiency. (B) Interactive literacy activities between parents or family members and their chil- dren. (C) Training for parents or family mem- bers regarding how to be the primary teach- er for their children and full partners in the education of their children. (D) An age-appropriate education to pre- pare children for success in school and life experiences. (10) Institution of higher education The term ‘‘institution of higher education’’ has the meaning given the term in section 1001 of title 20. (11) Integrated education and training The term ‘‘integrated education and train- ing’’ means a service approach that provides adult education and literacy activities concur- rently and contextually with workforce prepa- ration activities and workforce training for a specific occupation or occupational cluster for the purpose of educational and career advance- ment. (12) Integrated English literacy and civics edu- cation The term ‘‘integrated English literacy and civics education’’ means education services provided to English language learners who are adults, including professionals with degrees and credentials in their native countries, that enables such adults to achieve competency in the English language and acquire the basic and more advanced skills needed to function effectively as parents, workers, and citizens in the United States. Such services shall include instruction in literacy and English language acquisition and instruction on the rights and responsibilities of citizenship and civic par- ticipation, and may include workforce train- ing. (13) Literacy The term ‘‘literacy’’ means an individual’s ability to read, write, and speak in English, compute, and solve problems, at levels of pro- ficiency necessary to function on the job, in the family of the individual, and in society. (14) Postsecondary educational institution The term ‘‘postsecondary educational insti- tution’’ means— (A) an institution of higher education that provides not less than a 2-year program of instruction that is acceptable for credit to- ward a bachelor’s degree; (B) a tribally controlled college or univer- sity; or (C) a nonprofit educational institution of- fering certificate or apprenticeship programs at the postsecondary level. (15) Secretary The term ‘‘Secretary’’ means the Secretary of Education. (16) Workplace adult education and literacy ac- tivities The term ‘‘workplace adult education and literacy activities’’ means adult education and Page 953 TITLE 29—LABOR § 3291 literacy activities offered by an eligible pro- vider in collaboration with an employer or em- ployee organization at a workplace or an off- site location that is designed to improve the productivity of the workforce. (17) Workforce preparation activities The term ‘‘workforce preparation activities’’ means activities, programs, or services de- signed to help an individual acquire a com- bination of basic academic skills, critical thinking skills, digital literacy skills, and self-management skills, including com- petencies in utilizing resources, using infor- mation, working with others, understanding systems, and obtaining skills necessary for successful transition into and completion of postsecondary education or training, or em- ployment. (Pub. L. 113–128, title II, § 203, July 22, 2014, 128 Stat. 1609; Pub. L. 114–95, title IX, § 9215(c), Dec. 10, 2015, 129 Stat. 2166.) Editorial Notes AMENDMENTS 2015—Par. (8). Pub. L. 114–95, which directed general amendment of ‘‘Paragraph (8) of section 203 of the Adult Education and Literacy Act’’, was executed by amending par. (8) of this section, which is section 203 of the Adult Education and Family Literacy Act, Pub. L. 113–128, to reflect the probable intent of Congress. Prior to amendment, text read as follows: ‘‘The term ‘essen- tial components of reading instruction’ has the mean- ing given the term in section 6368 of title 20.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. 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. § 3273. Home schools Nothing in this subchapter shall be construed to affect home schools, whether a home school is treated as a home school or a private school under State law, or to compel a parent or family member engaged in home schooling to partici- pate in adult education and literacy activities. (Pub. L. 113–128, title II, § 204, July 22, 2014, 128 Stat. 1611.) 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. § 3274. Rule of construction regarding postsec- ondary transition and concurrent enrollment activities Nothing in this subchapter shall be construed to prohibit or discourage the use of funds pro- vided under this subchapter for adult education and literacy activities that help eligible individ- uals transition to postsecondary education and training or employment, or for concurrent en- rollment activities. (Pub. L. 113–128, title II, § 205, July 22, 2014, 128 Stat. 1612.) 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. § 3275. Authorization of appropriations There are authorized to be appropriated to carry out this subchapter $577,667,000 for fiscal year 2015, $622,286,000 for fiscal year 2016, $635,198,000 for fiscal year 2017, $649,287,000 for fiscal year 2018, $664,552,000 for fiscal year 2019, and $678,640,000 for fiscal year 2020. (Pub. L. 113–128, title II, § 206, July 22, 2014, 128 Stat. 1612.) 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. PART A—FEDERAL PROVISIONS § 3291. Reservation of funds; grants to eligible agencies; allotments (a) Reservation of funds From the sum appropriated under section 3275 of this title for a fiscal year, the Secretary— (1) shall reserve 2 percent to carry out sec- tion 3332 of this title, except that the amount so reserved shall not exceed $15,000,000; and (2) shall reserve 12 percent of the amount that remains after reserving funds under para- graph (1) to carry out section 3333 of this title. (b) Grants to eligible agencies (1) In general From the sum appropriated under section 3275 of this title and not reserved under sub- section (a) for a fiscal year, the Secretary shall award a grant to each eligible agency having a unified State plan approved under section 3112 of this title or a combined State plan approved under section 3113 of this title in an amount equal to the sum of the initial allotment under subsection (c)(1) and the addi- tional allotment under subsection (c)(2) for the eligible agency for the fiscal year, subject to subsections (f) and (g), to enable the eligible agency to carry out the activities assisted under this subchapter. (2) Purpose of grants The Secretary may award a grant under paragraph (1) only if the eligible entity in- volved agrees to expend the grant for adult education and literacy activities in accord- ance with the provisions of this subchapter.