2015 US Code
Title 29 - Labor (Sections 1 - 3361)
Chapter 32 - Workforce Innovation and Opportunity (Sections 3101 - 3361)
Subchapter II - Adult Education and Literacy (Sections 3271 - 3333)
Part D - General Provisions (Sections 3331 - 3333)
Sec. 3331 - Administrative provisions
Publication Title | United States Code, 2012 Edition, Supplement 3, Title 29 - LABOR |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 29 - LABOR CHAPTER 32 - WORKFORCE INNOVATION AND OPPORTUNITY SUBCHAPTER II - ADULT EDUCATION AND LITERACY Part D - General Provisions Sec. 3331 - Administrative provisions |
Contains | section 3331 |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 113-128, title II, §241, July 22, 2014, 128 Stat. 1620. |
Statutes at Large Reference | 128 Stat. 1620 |
Public and Private Law | Public Law 113-128 |
Download PDF
Funds made available for adult education and literacy activities under this subchapter shall supplement and not supplant other State or local public funds expended for adult education and literacy activities.
(b) Maintenance of effort(1) In general(A) DeterminationAn eligible agency may receive funds under this subchapter for any fiscal year if the Secretary finds that the fiscal effort per student or the aggregate expenditures of such eligible agency for activities under this subchapter, in the second preceding fiscal year, were not less than 90 percent of the fiscal effort per student or the aggregate expenditures of such eligible agency for adult education and literacy activities in the third preceding fiscal year.
(B) Proportionate reductionSubject to paragraphs (2), (3), and (4), for any fiscal year with respect to which the Secretary determines under subparagraph (A) that the fiscal effort or the aggregate expenditures of an eligible agency for the preceding program year were less than such effort or expenditures for the second preceding program year, the Secretary—
(i) shall determine the percentage decreases in such effort or in such expenditures; and
(ii) shall decrease the payment made under this subchapter for such program year to the agency for adult education and literacy activities by the lesser of such percentages.
(2) ComputationIn 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 supportIf the amount made available for adult education and literacy activities under this subchapter for a fiscal year is less than the amount made available for adult education and literacy activities under this subchapter for the preceding fiscal year, then the fiscal effort 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) WaiverThe Secretary may waive the requirements of this subsection for not more than 1 fiscal year, 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.
(Pub. L. 113–128, title II, §241, July 22, 2014, 128 Stat. 1620.)
EFFECTIVE DATESection effective on the first day of the first full program 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.
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.