Page:United States Statutes at Large Volume 112 Part 2.djvu/189

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PUBLIC LAW 105-220—AUG. 7, 1998 112 STAT. 1073 education and literacy activities by the lesser of such percentages. (2) COMPUTATION.— In computing the fiscal effort and aggregate expenditures under paragraph (1), the Secretary shall exclude capital expenditures and special one-time project costs. (3) DECREASE IN FEDERAL SUPPORT.— If the amount made available for adult education and literacy activities under this subtitle for a fiscal year is less than the amount made available for adult education and literacy activities under this subtitle for the preceding fiscal year, then the fiscal effbrt per student and the aggregate expenditures 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 1 fiscal year only, if the Secretary determines that a waiver would be equitable due to exceptional or uncontrollable circumstances, such as a natural disaster or an unforeseen and precipitous decline 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 reduced in the subsequent fiscal year because of the waiver. SEC. 242. NATIONAL INSTITUTE FOR LITERACY. 20 USC 9252. (a) PURPOSE. — The purpose of this section is to establish a National Institute for Literacy that— (1) provides national leadership regarding literacy; (2) coordinates literacy services and policy; and (3) serves as a national resource for adult education and literacy programs by— (A) providing the best and most current information available, including the work of the National Institute of Child Health and Human Development in the area of phonemic awareness, systematic phonics, fluency, and reading comprehension, to all recipients of Federal assistance that focuses on reading, including programs under titles I and VII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq. and 7401 et seq.), the Head Start Act (42 U.S.C. 9831 et seq.), the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), and this Act; and (B) supporting the creation of new ways to offer services of proven effectiveness. (b) ESTABLISHMENT.— (1) IN GENERAL. —There is established the National Institute for Literacy (in this section referred to as the "Institute"). The Institute shall be administered under the terms of an interagency agreement entered into by the Secretary of Education with the Secretary of Labor and the Secretary of Health and Human Services (in this section referred to as the "Interagency Group"). The Interagency Group may include in the Institute any research and development center, institute, or clearinghouse established within the Department of Education, the Department of Labor, or the Department