29 U.S.C. § 3293 — Educational assistance and training

Page 954 TITLE 29—LABOR § 3292 (c) Allotments (1) Initial allotments From the sum appropriated under section 3275 of this title and not reserved under sub- section (a) for a fiscal year, the Secretary shall allot to each eligible agency having a unified State plan approved under section 3112 of this title or a combined State plan approved under section 3113 of this title— (A) $100,000, in the case of an eligible agen- cy serving an outlying area; and (B) $250,000, in the case of any other eligi- ble agency. (2) Additional allotments From the sum appropriated under section 3275 of this title, 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 allot- ment 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 eligi- ble 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 out- lying 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 sub- section (c) for the Republic of Palau, the Sec- retary 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 sub- chapter in accordance with the provisions of this subchapter, as determined by the Sec- retary. (2) Award basis The Secretary shall award grants pursuant to paragraph (1) on a competitive basis and pursuant to the recommendations from the Pacific Region Educational Laboratory in Honolulu, Hawaii. (3) Termination of eligibility Notwithstanding any other provision of law, the Republic of Palau shall be eligible to re- ceive a grant under this subchapter except during the period described in section 3102(45) of this title. (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 administra- tive costs of the Pacific Region Educational Laboratory regarding activities assisted under this subsection. (f) Hold-harmless provisions (1) In general Notwithstanding subsection (c), for fiscal year 2015 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 sec- tion. (2) Ratable reduction If for any fiscal year the amount available for allotment under this subchapter is insuffi- cient to satisfy the provisions of paragraph (1) the Secretary shall ratably reduce the pay- ments to all eligible agencies, as necessary. (g) Reallotment The portion of any eligible agency’s allotment under this subchapter for a fiscal year that the Secretary determines will not be required for the period such allotment is available for car- rying out activities under this subchapter, shall be available for reallotment from time to time, on such dates during such period as the Sec- retary shall fix, to other eligible agencies in pro- portion to the original allotments to such agen- cies under this subchapter for such year. (Pub. L. 113–128, title II, § 211, July 22, 2014, 128 Stat. 1612.) 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. § 3292. Performance accountability system Programs and activities authorized in this subchapter are subject to the performance ac- countability provisions described in section 3141 of this title. (Pub. L. 113–128, title II, § 212, July 22, 2014, 128 Stat. 1614.) 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. § 3293. Educational assistance and training (a) Use of fund The Secretary of Labor shall provide for grants to States to provide educational assist- ance and training for United States workers. The Secretary shall consult with the Secretary of Education in making grants under this sec- tion. (b) Allocation of funds Within the purposes described in subsection (a), funds in the account used under this section shall be allocated among the States based on a formula, established jointly by the Secretaries of Labor and Education, that takes into consid- eration— Page 955 TITLE 29—LABOR § 3302 (1) the location of foreign workers admitted into the United States, (2) the location of individuals in the United States requiring and desiring the educational assistance and training for which the funds can be applied, and (3) the location of unemployed and under- employed United States workers. (c) Disbursement to States (1) Within the purposes and allocations estab- lished under this section, disbursements shall be made to the States, in accordance with grant applications submitted to and approved jointly by the Secretaries of Labor and Education, to be applied in a manner consistent with the guide- lines established by such Secretaries in con- sultation with the States. In applying such grants, the States shall consider providing fund- ing to joint labor-management trust funds and other such non-profit organizations which have demonstrated capability and experience in di- rectly training and educating workers. (2) Not more than 5 percent of the funds dis- bursed to any State under this section may be used for administrative expenses. (d) Limitation on Federal overhead The Secretaries shall provide that not more than 2 percent of the amount of funds disbursed to States under this section may be used by the Federal Government in the administration of this section. (e) Annual report The Secretary of Labor shall report annually to the Congress on the grants to States provided under this section. (f) ‘‘State’’ defined In this section, the term ‘‘State’’ has the meaning given such term in section 1101(a)(36) of title 8. (Pub. L. 101–649, title VIII, § 801, Nov. 29, 1990, 104 Stat. 5087.) Editorial Notes CODIFICATION Section was enacted as part of the Immigration Act of 1990, and not as part of the Adult Education and Family Literacy Act which comprises this subchapter. Section was formerly classified to section 2920 of this title and to section 1506 of this title. PART B—STATE PROVISIONS § 3301. State administration Each eligible agency shall be responsible for the State or outlying area administration of ac- tivities under this subchapter, including— (1) the development, implementation, and monitoring of the relevant components of the unified State plan in section 3112 of this title or the combined State plan in section 3113 of this title; (2) consultation with other appropriate agencies, groups, and individuals that are in- volved in, or interested in, the development and implementation of activities assisted under this subchapter; and (3) coordination and nonduplication with other Federal and State education, training, corrections, public housing, and social service programs. (Pub. L. 113–128, title II, § 221, July 22, 2014, 128 Stat. 1614.) 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. § 3302. State distribution of funds; matching re- quirement (a) State distribution of funds Each eligible agency receiving a grant under section 3291(b) of this title for a fiscal year— (1) shall use not less than 82.5 percent of the grant funds to award grants and contracts under section 3321 of this title and to carry out section 3305 of this title, of which not more than 20 percent of such amount shall be avail- able to carry out section 3305 of this title; (2) shall use not more than 12.5 percent of the grant funds to carry out State leadership activities under section 3303 of this title; and (3) shall use not more than 5 percent of the grant funds, or $85,000, whichever is greater, for the administrative expenses of the eligible agency. (b) Matching requirement (1) In general In order to receive a grant from the Sec- retary under section 3291(b) of this title each eligible agency shall provide, for the costs to be incurred by the eligible agency in carrying out the adult education and literacy activities for which the grant is awarded, a non-Federal contribution in an amount that is not less than— (A) in the case of an eligible agency serv- ing an outlying area, 12 percent of the total amount of funds expended for adult edu- cation and literacy activities in the outlying area, except that the Secretary may de- crease the amount of funds required under this subparagraph for an eligible agency; and (B) in the case of an eligible agency serv- ing a State, 25 percent of the total amount of funds expended for adult education and literacy activities in the State. (2) Non-Federal contribution An eligible agency’s non-Federal contribu- tion required under paragraph (1) may be pro- vided in cash or in kind, fairly evaluated, and shall include only non-Federal funds that are used for adult education and literacy activi- ties in a manner that is consistent with the purpose of this subchapter. (Pub. L. 113–128, title II, § 222, July 22, 2014, 128 Stat. 1614.) 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