SEC. 201. SHORT TITLE.

This title may be cited as the 'Adult Education and Family Literacy Act'.

`This title may be cited as the `Adult Education, Basic Skills, and Family Literacy Education Act'.

(a) SHORT TITLE- This title may be cited as the `Adult Education and Family Literacy Act Amendments of 2005'.

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SEC. 202. PURPOSE.

It is the purpose of this title to create a partnership among the Federal Government, States, and localities to provide, on a voluntary basis, adult education and literacy services, in order to—

`It is the purpose of this title to provide instructional opportunities for adults seeking to improve their literacy skills, including their basic reading, writing, speaking, and math skills, and support States and local communities in providing, on a voluntary basis, adult education, basic skills, and family literacy education programs, in order to--

(b) PURPOSE- Section 202 of the Adult Education and Family Literacy Act (20 U.S.C. 9201) is amended--

Prefer House for Purpose

(1) assist adults to become literate and obtain the knowledge and skills necessary for employment and self-sufficiency;

`(1) increase the literacy of adults, including the basic reading, writing, speaking, and math skills, to a level of proficiency necessary for adults to obtain employment and self-sufficiency and to successfully advance in the workforce;

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(3) assist adults in the completion of a secondary school education.

`(2) assist adults in the completion of a secondary school education (or its equivalent) and the transition to a postsecondary educational institution;

(2) in paragraph (3), by striking `education.' and inserting `education and in the transition to postsecondary education; and'; and

(3) assist adults who are parents to obtain the educational skills necessary to become full partners in the educational development of their children; and

`(3) assist adults who are parents to enable them to support the educational development of their children and make informed choices regarding their children's education including, through instruction in basic reading, writing, speaking, and math skills; and

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No comparable provision in current law

`(4) assist immigrants who are not proficient in English in improving their reading, writing, speaking, and math skills and acquiring an understanding of the American free enterprise system, individual freedom, and the responsibilities of citizenship.

`(4) assist immigrants and other individuals with limited English proficiency in improving their reading, writing, speaking, and mathematics skills and acquiring an understanding of the American free enterprise system, individual freedom, and the responsibilities of citizenship.'.

SEC. 203. DEFINITIONS.

Definition of Adult Education

(1) ADULT EDUCATION.—The term ‘‘adult education’’ means services or instruction below the postsecondary level for individuals-

`(1) ADULT EDUCATION, BASIC SKILLS, AND FAMILY LITERACY EDUCATION PROGRAMS- The term `adult education, basic skills, and family literacy education programs' means a sequence of academic instruction and educational services below the postsecondary level that increase an individual's ability to read, write, and speak in English and perform mathematical computations leading to a level of proficiency equivalent to at least a secondary school completion that is provided for individuals--

(A) in the matter preceding subparagraph (A), by striking `services or instruction below the postsecondary level' and inserting `academic instruction and education services below the postsecondary level that increase an individual's ability to read, write, and speak in English and perform mathematics'; and

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(A) who have attained 16 years of age;

`(A) who are at least 16 years of age;

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(B) who are not enrolled or required to be enrolled in secondary school under State law; and

`(B) who are not enrolled or required to be enrolled in secondary school under State law; and

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(C) who—

`(C) who--

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(i) lack sufficient mastery of basic educational skills to enable the individuals to function effectively in society;

`(i) lack sufficient mastery of basic reading, writing, speaking, and math skills to enable the individuals to function effectively in society;

`(i) are basic skills deficient as defined in section 101;';

(ii) do not have a secondary school diploma or its recognized equivalent, and have not achieved an equivalent level of education; or

(ii) do not have a secondary school diploma or the General Equivalency Diploma (GED) (Including recognized alternative standards for individuals with disabilities), and have not achieved an equivalent level of education; or                                                                                                 

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iii) are unable to speak, read or write the English language

`(iii) are unable to read, write, or speak the English language.

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Definition of Adult Education and Literacy Activities

The term  'adult education and literacy activities' means activities described in section 231 (b)

No comparable provisions.

(2) in paragraph (2), by striking `activities described in section 231(b)' and inserting `programs and services which include reading, writing, speaking, or mathematics skills, workplace literacy activities, family literacy activities, English language acquisition activities, or other activities necessary for the attainment of a secondary school diploma or its State recognized equivalent';

Definition of Eligible Agency

4) 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 in the State or outlying area, respectively, consistent with the law of the State or outlying area, respectively.

`(2) ELIGIBLE AGENCY- The term `eligible agency'--

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`(A) means the primary entity or agency in a State or an outlying area responsible for administering or supervising policy for adult education, basic skills, and family literacy education programs in the State or outlying area, respectively, consistent with the law of the State or outlying area, respectively; and

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`(B) may be the State educational agency, the State agency responsible for administering workforce investment activities, or the State agency responsible for administering community or technical colleges.

No comparable provision

Oppose

Definition of Eligible Provider

(5) ELIGIBLE PROVIDER.—The term ‘‘eligible provider’’ means—

`(3) ELIGIBLE PROVIDER- The term `eligible provider' means--

(A) by inserting `an organization that has demonstrated effectiveness in providing adult education, that may include' after `means';

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(A) a local educational agency;

`(A) a local educational agency;

No comparable provision

(B) a community –based organization of demonstrated effectiveness;

`(B) a community-based or faith-based organization of demonstrated effectiveness;

(B) in subparagraph (B), by striking `of demonstrated effectiveness';

(C) a volunteer literacy organization of demonstrated effectiveness;

`(C) a volunteer literacy organization of demonstrated effectiveness;

(C) in subparagraph (C), by striking `of demonstrated effectiveness'; and

(D) an institution of higher education;

`(D) an institution of higher education;

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(E) a public or private nonprofit agency;

`(E) a public or private educational agency;

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(F) a library;

`(F) a library;

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(G) a public housing authority;

`(G) a public housing authority;

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(H) a nonprofit institution that is not described in any of  subparagraphs (A) through (G) and has the ability to provide literacy services to adults and families; and

`(H) an institution that is not described in any of subparagraphs (A) through (G) and has the ability to provide adult education, basic skills, and family literacy education programs to adults and families; or

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(I) a consortium of the agencies, organizations, institutions, libraries, or authorities described in any of subparagraphs (A) through (H).

`(I) a consortium of the agencies, organizations, institutions, libraries, or authorities described in any of subparagraphs (A) through (H).

(D) in subparagraph (I), by inserting `or coalition' after `consortium';

(A) $100,000, in the case of an eligible agency serving an outlying area, and

(A) $100,000, in the case of an eligible agency serving an outlying area; and

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(B) $250,000, in the case of any other eligible agency.

(B) $250,000, in the case of any other eligible agency.

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(2) ADDITIONAL ALLOTMENTS- From the sum appropriated under section 205, not reserved under subsection (a), and not allotted under paragraph (1), for a fiscal year, the Secretary shall allot to each eligible agency that receives an initial allotment under paragraph (1) an additional amount that bears the same relationship to such sum as the number of qualifying adults in the State or outlying area served by the eligible agency bears to the number of such adults in all States and outlying areas.

(2) ADDITIONAL ALLOTMENTS - From the sums appropriated under section 205, not reserved under subsection (a), and not allotted under paragraph (1), for a fiscal year, the Secretary shall allot to each eligible agency that receives an initial allotment under paragraph (1) an additional amount that bears the same relationship to such sums as the number of qualifying adults in the State or outlying area served by the eligible agency bears to the number of such adults in all States and outlying areas.

(A) by inserting `and the sole agency responsible for administering or supervising policy for adult education and literacy in the Republic of Palau' after `an initial allotment under paragraph (1)'; (B) by inserting `or served by the agency for the Republic of Palau' after `by the eligible agency'; and (C) by striking `States and outlying areas' and inserting `States, outlying areas, and the Republic of Palau';

Definition of Qualifying Adult (To be used for Purposes of Allocating Funds Among States)

(d) QUALIFYING ADULT- For the purpose of subsection (c)(2), the term `qualifying adult' means an adult who--

`(d) Qualifying Adult- For the purpose of subsection (c)(2), the term `qualifying adult' means an adult who--

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(1) is at least 16 years of age

`(1) is at least 16 years of age;

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(2) is beyond the age of compulsory school attendance under the law of the State or outlying area;

`(2) is beyond the age of compulsory school attendance under the law of the State or outlying area;

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(3) does not have a secondary school diploma or its recognized equivalent; and

(3) does not have a secondary school diploma, General Educational Development credential (GED), or other State-recognized equivalent; and 

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(4) is not enrolled in secondary school.

(4) is not enrolled in secondary school.

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Special Rule

e) SPECIAL RULE-

`(e) Special Rule-

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(1) IN GENERAL- From amounts made available under subsection (c) for the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau, the Secretary shall award grants to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau to carry out activities described in this subtitle in accordance with the provisions of this subtitle that the Secretary determines are not inconsistent with this subsection.

`(1) IN GENERAL- From amounts made available under subsection (c) for the Republic of Palau, the Secretary shall award grants to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Republic of Palau to carry out activities described in this title in accordance with the provisions of this title as determined by the Secretary.

(A) in paragraph (1)-- (i) by striking `the Republic of the Marshall Islands, the Federated States of Micronesia, and'; and (ii) by striking `the Republic of the Marshall Islands, the Federated States of Micronesia, or' and inserting `or'; and

(2) AWARD BASIS- The Secretary shall award grants pursuant to paragraph (1) on a competitive basis and pursuant to recommendations from the Pacific Region Educational Laboratory in Honolulu, Hawaii.

No comparable provisions.

Retains current law

(3) TERMINATION OF ELIGIBILITY- Notwithstanding any other provision of law, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau shall not receive any funds under this subtitle for any fiscal year that begins after September 30, 2001.

`(2) TERMINATION OF ELIGIBILITY- Notwithstanding any other provision of law, the Republic of Palau shall be eligible to receive a grant under this title until an agreement for the extension of United States education assistance under the Compact of Free Association for the Republic of Palau becomes effective.

(i) by striking `the Republic of the Marshall Islands, the Federated States of Micronesia, and'; and (ii) by striking `2001' and inserting `2007';

4) ADMINISTRATIVE COSTS- The Secretary may provide not more than 5 percent of the funds made available for grants under this subsection to pay the administrative costs of the Pacific Region Educational Laboratory regarding activities assisted under this subsection.

`(3) ADMINISTRATIVE COSTS- The Secretary may provide not more than 5 percent of the funds made available for grants under this subsection to pay the administrative costs of the Pacific Region Educational Laboratory regarding activities assisted under this subsection.

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Hold Harmless

(f) HOLD-HARMLESS-

`(f) Hold-Harmless Provisions-

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(1) IN GENERAL- Notwithstanding subsection (c)--

`(1) IN GENERAL- Notwithstanding subsection (c), and subject to paragraphs (2) and (3), for fiscal year 2006 and each succeeding fiscal year, no eligible agency shall receive an allotment under this title that is less than 90 percent of the allotment the eligible agency received for the preceding fiscal year under this title.

`(1) IN GENERAL- Notwithstanding subsection (c) and subject to paragraph (2), for fiscal year 2005 and each succeeding fiscal year, no eligible agency shall receive an allotment under this section that is less than 90 percent of the allotment the eligible agency received for the preceding fiscal year under this section.

(A) for fiscal year 1999, no eligible agency shall receive an allotment under this subtitle that is less than 90 percent of the payments made to the State or outlying area of the eligible agency for fiscal year 1998 for programs for which funds were authorized to be appropriated under section 313 of the Adult Education Act (as such Act was in effect on the day before the date of the enactment of the Workforce Investment Act of 1998); and

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(B) for fiscal year 2000 and each succeeding fiscal year, no eligible agency shall receive an allotment under this subtitle that is less than 90 percent of the allotment the eligible agency received for the preceding fiscal year under this subtitle.

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No comparable provision in current law.

`(2) EXCEPTION- An eligible agency that receives for the preceding fiscal year only an initial allotment under subsection (c)(1) (and no additional allotment under subsection (c)(2)) shall receive an allotment equal to 100 percent of the initial allotment.

`(2) 100 PERCENT ALLOTMENT- Notwithstanding paragraphs (1) and (2) of subsection (e), an eligible agency that receives only an initial allotment under subsection (c)(1) (and no additional allotment under subsection (c)(2)) shall receive an allotment under this section that is equal to 100 percent of the initial allotment under subsection (c)(1).

(2)RATABLE REDUCTION- If for any fiscal year the amount available for allotment under this subtitle is insufficient to satisfy the provisions of paragraph (1), the Secretary shall ratably reduce the payments to all eligible agencies, as necessary.

`(3) RATABLE REDUCTION- If for any fiscal year the amount available for allotment under this title is insufficient to satisfy the provisions of paragraph (1), the Secretary shall ratably reduce the payments to all eligible agencies, as necessary.

`(3) RATABLE REDUCTION- If for any fiscal year the amount available for allotment under this subtitle is insufficient to satisfy the provisions of paragraphs (1) and (2), the Secretary shall ratably reduce the payments to all eligible agencies, as necessary.

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`(4) ADDITIONAL ASSISTANCE-

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`(A) IN GENERAL- From amounts reserved under subsection (a)(2), the Secretary shall make grants to eligible agencies described in subparagraph (B) to enable such agencies to provide activities authorized under chapter 2.

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`(B) ELIGIBILITY- An eligible agency is eligible to receive a grant under this paragraph for a fiscal year if the amount of the allotment such agency receives under this section for the fiscal year is less than the amount such agency would have received for the fiscal year if the allotment formula under this section as in effect on September 30, 2003, were in effect for such year.

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`(C) AMOUNT OF GRANT- The amount of a grant made to an eligible agency under this paragraph for a fiscal year shall be the difference between--

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`(i) the amount of the allotment such agency would have received for the fiscal year if the allotment formula under this section as in effect on September 30, 2003, were in effect for such year; and

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`(ii) the amount of the allotment such agency receives under this section for the fiscal year.';