(13) Services, facilities, or equipment funded under this title may be used, as appropriate, on a fee-for-service basis, by employers in a local area in order to provide employment and training activities to incumbent workers (A) when such services, facilities, or equipment are not in use for the provision of services for eligible participants under this title; (B) if such use for incumbent workers would not have an adverse affect on the provision of services to eligible participants under this title; and (C) if the income derived from such fees is used to carry out the programs authorized under this title. Subtitle F-Repeals and Conforming SEC. 199. REPEALS. (a) GENERAL IMMEDIATE REPEALS.-The following provisions are repealed: (1) Section 204 of the Immigration Reform and Control Act of 1986 (8 U.S.C. 1255a note). (2) Title II of Public Law 95-250 (92 Stat. 172). (3) The Displaced Homemakers Self-Sufficiency Assistance Act (29 U.S.C. 2301 et seq.). [(4) Repealed.] (5) Subtitle C of title VII of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11441 et seq.), except section 738 of such title (42 U.S.C. 11448). (6) Subchapter I of chapter 421 of title 49, United States Code. (b) SUBSEQUENT REPEALS.-The following provisions are repealed: (1) Title VII of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11421 et seq.), except subtitle B and section 738 of such title (42 U.S.C. 11431 et seq. and 11448). (2) The Job Training Partnership Act (29 U.S.C. 1501 et seq.). (c) EFFECTIVE DATES. (1) IMMEDIATE REPEALS.-The repeals made by subsection (a) shall take effect on the date of enactment of this Act. (2) SUBSEQUENT REPEALS.— (A) STEWART B. MCKINNEY HOMELESS ASSISTANCE ACT. The repeal made by subsection (b)(1) shall take effect on July 1, 1999. (B) JOB TRAINING PARTNERSHIP ACT.—The repeal made by subsection (b)(2) shall take effect on July 1, 2000. SEC. 199A. [29 U.S.C. 2940 note] CONFORMING AMENDMENTS. (a) PREPARATION.-After consultation with the appropriate committees of Congress and the Director of the Office of Management and Budget, the Secretary shall prepare recommended legislation containing technical and conforming amendments to reflect the changes made by this subtitle. (b) SUBMISSION TO CONGRESS.-Not later than 6 months after the date of enactment of this Act, the Secretary shall submit to Congress the recommended legislation referred to under subsection (a). TITLE II—ADULT EDUCATION AND LITERACY SEC. 201. [20 U.S.C. 9201 note] SHORT TITLE. This title may be cited as the "Adult Education and Family Literacy Act". SEC. 202. [20 U.S.C. 9201] 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― (1) assist adults to become literate and obtain the knowledge and skills necessary for employment and self-sufficiency; (2) 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 in the completion of a secondary school education. SEC. 203. [20 U.S.C. 9202] DEFINITIONS. In this title: (1) ADULT EDUCATION.-The term "adult education" means services or instruction below the postsecondary level for individuals (A) who have attained 16 years of age; (B) who are not enrolled or required to be enrolled in secondary school under State law; and (C) who (i) lack sufficient mastery of basic educational skills to enable the individuals to function effectively in society; (ii) do not have a secondary school diploma or its recognized equivalent, and have not achieved an equivalent level of education; or (iii) are unable to speak, read, or write the English language. (2) ADULT EDUCATION AND LITERACY ACTIVITIES.—The term "adult education and literacy activities" means activities described in section 231(b). (3) EDUCATIONAL SERVICE AGENCY.-The term "educational service agency" means a regional public multiservice agency authorized by State statute to develop and manage a service or program, and to provide the service or program to a local educational 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. (5) ELIGIBLE PROVIDER.-The term "eligible provider" means (A) a local educational agency; (B) a community-based organization of demonstrated effectiveness; (C) a volunteer literacy organization of demonstrated effectiveness; (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 described in any of subparagraphs (A) through (G) and has the ability to provide literacy services to adults and families; and (I) a consortium of the agencies, organizations, institutions, libraries, or authorities described in any of subparagraphs (A) through (H). (6) ENGLISH LITERACY PROGRAM. The term "English literacy program" means a program of instruction designed to help individuals of limited English proficiency achieve competence in the English language. (7) FAMILY LITERACY SERVICES.-The term "family literacy services" means services 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. (8) GOVERNOR.-The term "Governor" means the chief executive officer of a State or outlying area. (9) INDIVIDUAL WITH A DISABILITY. (A) IN GENERAL.-The term "individual with a disability" means an individual with any disability (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)). (B) INDIVIDUALS WITH DISABILITIES.-The term "individuals with disabilities" means more than one individual with a disability. (10) INDIVIDUAL OF LIMITED ENGLISH PROFICIENCY.-The term "individual of limited English proficiency" means an adult or out-of-school youth who has limited ability in speaking, reading, writing, or understanding the English language, and (A) whose native language is a language other than English; or (B) who lives in a family or community environment where a language other than English is the dominant language. (11) INSTITUTION OF HIGHER EDUCATION.-The term “institution of higher education" has the meaning given the term in section 101 of the Higher Education Act of 1965. (12) LITERACY.-The term "literacy" means an individual's ability to read, write, and speak in English, compute, and solve problems, at levels of proficiency necessary to function on the job, in the family of the individual, and in society. (13) LOCAL EDUCATIONAL AGENCY.-The term "local educational agency" has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. (14) OUTLYING AREA.-The term "outlying area" has the meaning given the term in section 101. (15) POSTSECONDARY EDUCATIONAL INSTITUTION.-The term "postsecondary educational institution" means— (A) an institution of higher education that provides not less than a 2-year program of instruction that is acceptable for credit toward a bachelor's degree; (B) a tribally controlled community college; or (C) a nonprofit educational institution offering certificate or apprenticeship programs at the postsecondary level. (16) SECRETARY.-The Secretary of Education. term "Secretary" means the (17) STATE.-The term "State" means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. (18) WORKPLACE LITERACY SERVICES.-The term “workplace literacy services" means literacy services that are offered for the purpose of improving the productivity of the workforce through the improvement of literacy skills. SEC. 204. [20 U.S.C. 9203] HOME SCHOOLS. Nothing in this title shall be construed to affect home schools, or to compel a parent engaged in home schooling to participate in an English literacy program, family literacy services, or adult education. SEC. 205. [20 U.S.C. 9204] AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this title such sums as may be necessary for each of the fiscal years 1999 through 2003. Subtitle A-Adult Education and Literacy Programs CHAPTER 1-FEDERAL PROVISIONS SEC. 211. [20 U.S.C. 9211] RESERVATION OF FUNDS; GRANTS TO ELIGIBLE AGENCIES; ALLOTMENTS. (a) RESERVATION OF FUNDS. From the sum appropriated under section 205 for a fiscal year, the Secretary (1) shall reserve 1.5 percent to carry out section 242, except that the amount so reserved shall not exceed $8,000,000; (2) shall reserve 1.5 percent to carry out section 243, except that the amount so reserved shall not exceed $8,000,000; and (3) shall make available, to the Secretary of Labor, 1.72 percent for incentive grants under section 503. (b) GRANTS TO ELIGIBLE AGENCIES.— (1) IN GENERAL.-From the sum appropriated under section 205 and not reserved under subsection (a) for a fiscal year, the Secretary shall award a grant to each eligible agency having a State plan approved under section 224 in an amount equal to the sum of the initial allotment under subsection (c)(1) and the additional 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 subtitle. (2) PURPOSE OF GRANTS.-The Secretary may award a grant under paragraph (1) only if the eligible entity involved agrees to expend the grant for adult education and literacy activities in accordance with the provisions of this subtitle. (c) ALLOTMENTS. (1) INITIAL ALLOTMENTS.-From the sum appropriated under section 205 and not reserved under subsection (a) for a fiscal year, the Secretary shall allot to each eligible agency having a State plan approved under section 224(f)— (A) $100,000, in the case of an eligible agency serving an outlying area; and (B) $250,000, in the case of any other eligible agency. (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. (d) QUALIFYING ADULT.-For the purpose of subsection (c)(2), the term "qualifying adult" means an adult who— (1) is at least 16 years of age; (2) is beyond the age of compulsory school attendance under the law of the State or outlying area; (3) does not have a secondary school diploma or its recognized equivalent; and (4) is not enrolled in secondary school. (e) SPECIAL RULE. (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. (2) AWARD BASIS.-The Secretary shall award grants pursuant to paragraph (1) on a competitive basis and pursuant to |