29 U.S.C. § 3321 — Grants and contracts for eligible pro-

Page 957 TITLE 29—LABOR § 3321 (b) Collaboration In carrying out this section, eligible agencies shall collaborate where possible, and avoid du- plicating efforts, in order to maximize the im- pact of the activities described in subsection (a). (c) State-imposed requirements Whenever a State or outlying area implements any rule or policy relating to the administration or operation of a program authorized under this subchapter that has the effect of imposing a re- quirement that is not imposed under Federal law (including any rule or policy based on a State or outlying area interpretation of a Fed- eral statute, regulation, or guideline), the State or outlying area shall identify, to eligible pro- viders, the rule or policy as being imposed by the State or outlying area. (Pub. L. 113–128, title II, § 223, July 22, 2014, 128 Stat. 1615.) 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. § 3304. State plan Each State desiring to receive funds under this subchapter for any fiscal year shall submit and have approved a unified State plan in ac- cordance with section 3112 of this title or a com- bined State plan in accordance with section 3113 of this title. (Pub. L. 113–128, title II, § 224, July 22, 2014, 128 Stat. 1617.) 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. § 3305. Programs for corrections education and other institutionalized individuals (a) Program authorized From funds made available under section 3302(a)(1) of this title for a fiscal year, each eli- gible agency shall carry out corrections edu- cation and education for other institutionalized individuals. (b) Uses of funds The funds described in subsection (a) shall be used for the cost of educational programs for criminal offenders in correctional institutions and for other institutionalized individuals, in- cluding academic programs for— (1) adult education and literacy activities; (2) special education, as determined by the eligible agency; (3) secondary school credit; (4) integrated education and training; (5) career pathways; (6) concurrent enrollment; (7) peer tutoring; and (8) transition to re-entry initiatives and other postrelease services with the goal of re- ducing recidivism. (c) Priority Each eligible agency that is using assistance provided under this section to carry out a pro- gram for criminal offenders within a correc- tional institution shall give priority to serving individuals who are likely to leave the correc- tional institution within 5 years of participation in the program. (d) Report In addition to any report required under sec- tion 3141 of this title, each eligible agency that receives assistance provided under this section shall annually prepare and submit to the Sec- retary a report on the progress, as described in section 3141 of this title, of the eligible agency with respect to the programs and activities car- ried out under this section, including the rel- ative rate of recidivism for the criminal offend- ers served. (e) Definitions In this section: (1) Correctional institution The term ‘‘correctional institution’’ means any— (A) prison; (B) jail; (C) reformatory; (D) work farm; (E) detention center; or (F) halfway house, community-based reha- bilitation center, or any other similar insti- tution designed for the confinement or reha- bilitation of criminal offenders. (2) Criminal offender The term ‘‘criminal offender’’ means any in- dividual who is charged with or convicted of any criminal offense. (Pub. L. 113–128, title II, § 225, July 22, 2014, 128 Stat. 1617.) 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 C—LOCAL PROVISIONS § 3321. Grants and contracts for eligible pro- viders (a) Grants and contracts From grant funds made available under sec- tion 3302(a)(1) of this title, each eligible agency shall award multiyear grants or contracts, on a competitive basis, to eligible providers within the State or outlying area to enable the eligible providers to develop, implement, and improve adult education and literacy activities within the State. (b) Required local activities The eligible agency shall require that each eli- gible provider receiving a grant or contract Page 958 TITLE 29—LABOR § 3321 under subsection (a) use the grant or contract to establish or operate programs that provide adult education and literacy activities, including pro- grams that provide such activities concurrently. (c) Direct and equitable access; same process Each eligible agency receiving funds under this subchapter shall ensure that— (1) all eligible providers have direct and eq- uitable access to apply and compete for grants or contracts under this section; and (2) the same grant or contract announce- ment process and application process is used for all eligible providers in the State or out- lying area. (d) Special rule Each eligible agency awarding a grant or con- tract under this section shall not use any funds made available under this subchapter for adult education and literacy activities for the purpose of supporting or providing programs, services, or activities for individuals who are not individuals described in subparagraphs (A) and (B) of section 3272(4) of this title, except that such agency may use such funds for such purpose if such pro- grams, services, or activities are related to fam- ily literacy activities. In providing family lit- eracy activities under this subchapter, an eligi- ble provider shall attempt to coordinate with programs and services that are not assisted under this subchapter prior to using funds for adult education and literacy activities under this subchapter for activities other than activi- ties for eligible individuals. (e) Considerations In awarding grants or contracts under this section, the eligible agency shall consider— (1) the degree to which the eligible provider would be responsive to— (A) regional needs as identified in the local plan under section 3123 of this title; and (B) serving individuals in the community who were identified in such plan as most in need of adult education and literacy activi- ties, including individuals— (i) who have low levels of literacy skills; or (ii) who are English language learners; (2) the ability of the eligible provider to serve eligible individuals with disabilities, in- cluding eligible individuals with learning dis- abilities; (3) past effectiveness of the eligible provider in improving the literacy of eligible individ- uals, to meet State-adjusted levels of perform- ance for the primary indicators of perform- ance described in section 3141 of this title, es- pecially with respect to eligible individuals who have low levels of literacy; (4) the extent to which the eligible provider demonstrates alignment between proposed ac- tivities and services and the strategy and goals of the local plan under section 3123 of this title, as well as the activities and services of the one-stop partners; (5) whether the eligible provider’s program— (A) is of sufficient intensity and quality, and based on the most rigorous research available so that participants achieve sub- stantial learning gains; and (B) uses instructional practices that in- clude the essential components of reading instruction; (6) whether the eligible provider’s activities, including whether reading, writing, speaking, mathematics, and English language acquisi- tion instruction delivered by the eligible pro- vider, are based on the best practices derived from the most rigorous research available and appropriate, including scientifically valid re- search and effective educational practice; (7) whether the eligible provider’s activities effectively use technology, services, and deliv- ery systems, including distance education in a manner sufficient to increase the amount and quality of learning and how such technology, services, and systems lead to improved per- formance; (8) whether the eligible provider’s activities provide learning in context, including through integrated education and training, so that an individual acquires the skills needed to transi- tion to and complete postsecondary education and training programs, obtain and advance in employment leading to economic self-suffi- ciency, and to exercise the rights and respon- sibilities of citizenship; (9) whether the eligible provider’s activities are delivered by well-trained instructors, counselors, and administrators who meet any minimum qualifications established by the State, where applicable, and who have access to high quality professional development, in- cluding through electronic means; (10) whether the eligible provider’s activities coordinate with other available education, training, and social service resources in the community, such as by establishing strong links with elementary schools and secondary schools, postsecondary educational institu- tions, institutions of higher education, local workforce investment boards, one-stop cen- ters, job training programs, and social service agencies, business, industry, labor organiza- tions, community-based organizations, non- profit organizations, and intermediaries, for the development of career pathways; (11) whether the eligible provider’s activities offer flexible schedules and coordination with Federal, State, and local support services (such as child care, transportation, mental health services, and career planning) that are necessary to enable individuals, including in- dividuals with disabilities or other special needs, to attend and complete programs; (12) whether the eligible provider maintains a high-quality information management sys- tem that has the capacity to report measur- able participant outcomes (consistent with section 3141 of this title) and to monitor pro- gram performance; and (13) whether the local areas in which the eli- gible provider is located have a demonstrated need for additional English language acquisi- tion programs and civics education programs. (Pub. L. 113–128, title II, § 231, July 22, 2014, 128 Stat. 1618.) Page 959 TITLE 29—LABOR § 3331 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. § 3322. Local application Each eligible provider desiring a grant or con- tract from an eligible agency shall submit an application to the eligible agency containing such information and assurances as the eligible agency may require, including— (1) a description of how funds awarded under this subchapter will be spent consistent with the requirements of this subchapter; (2) a description of any cooperative arrange- ments the eligible provider has with other agencies, institutions, or organizations for the delivery of adult education and literacy activi- ties; (3) a description of how the eligible provider will provide services in alignment with the local plan under section 3123 of this title, in- cluding how such provider will promote con- current enrollment in programs and activities under subchapter I, as appropriate; (4) a description of how the eligible provider will meet the State adjusted levels of perform- ance described in section 3141(b)(3) of this title, including how such provider will collect data to report on such performance indicators; (5) a description of how the eligible provider will fulfill one-stop partner responsibilities as described in section 3151(b)(1)(A) of this title, as appropriate; (6) a description of how the eligible provider will provide services in a manner that meets the needs of eligible individuals; and (7) information that addresses the consider- ations described under section 3321(e) of this title, as applicable. (Pub. L. 113–128, title II, § 232, July 22, 2014, 128 Stat. 1620.) 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. § 3323. Local administrative cost limits (a) In general Subject to subsection (b), of the amount that is made available under this subchapter to an el- igible provider— (1) not less than 95 percent shall be expended for carrying out adult education and literacy activities; and (2) the remaining amount, not to exceed 5 percent, shall be used for planning, adminis- tration (including carrying out the require- ments of section 3141 of this title), profes- sional development, and the activities de- scribed in paragraphs (3) and (5) of section 3322 of this title. (b) Special rule In cases where the cost limits described in subsection (a) are too restrictive to allow for the activities described in subsection (a)(2), the eli- gible provider shall negotiate with the eligible agency in order to determine an adequate level of funds to be used for noninstructional pur- poses. (Pub. L. 113–128, title II, § 233, July 22, 2014, 128 Stat. 1620.) 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 D—GENERAL PROVISIONS § 3331. Administrative provisions (a) Supplement not supplant 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) Determination An 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 fis- cal effort per student or the aggregate ex- penditures of such eligible agency for adult education and literacy activities in the third preceding fiscal year. (B) Proportionate reduction Subject 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 ex- penditures of an eligible agency for the pre- ceding program year were less than such ef- fort or expenditures for the second preceding program year, the Secretary— (i) shall determine the percentage de- creases in such effort or in such expendi- tures; 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) Computation In computing the fiscal effort and aggregate expenditures under paragraph (1), the Sec- retary shall exclude capital expenditures and special one-time project costs. (3) Decrease in Federal support If the amount made available for adult edu- cation and literacy activities under this sub- chapter for a fiscal year is less than the amount made available for adult education and literacy activities under this subchapter