20 U.S.C. § 1231 — Joint funding of programs

Page 894 TITLE 20—EDUCATION § 1230 1 So in original. The comma probably should not appear. pensation (other than compensation for ac- tual expenses incurred in performing chap- eron activities or for participating in sepa- rate, professionally-staffed teacher training and technical assistance seminars and work- shops related to such program) or any other benefit for such recruitment. (3) Educational program (A) Except as provided in subparagraph (B), the term ‘‘educational program’’ means a spe- cial honors program, seminar, citizenship ex- perience, government study program, edu- cational vacation, student exchange program, or other educational experience or honor— (i) that is generally directed toward mi- nors or secondary school students; (ii) for which a tuition or enrollment fee is charged; (iii) that is offered away from a student’s regular place of school attendance; (iv) that includes not less than one super- vised night away from home; and (v) that is intended to enhance a student’s regular course of study. (B) Such term does not include a rec- reational program,1 or a social or religious ac- tivity. (4) Local school official The term ‘‘local school official’’ means the highest administrative official serving a school district, or such individual’s designee. (5) Minor The term ‘‘minor’’ means an individual who has not attained the age of 18 years. (6) Membership organization The term ‘‘membership organization’’ in- cludes any organization that maintains a membership list or collects dues or member- ship fees from its members. (7) Recreational organization The term ‘‘recreational organization’’ in- cludes any organization or entity that has as its primary function pleasure, amusement, or sports activities. (8) Recreational program The term ‘‘recreational program’’ includes any activity or service that is intended as an entertainment pastime. (Pub. L. 90–247, title IV, § 429, as added Pub. L. 103–382, title II, § 238, Oct. 20, 1994, 108 Stat. 3918; amended Pub. L. 105–244, title I, § 102(a)(6)(C), Oct. 7, 1998, 112 Stat. 1618; Pub. L. 114–95, title IX, § 9215(mm)(3), Dec. 10, 2015, 129 Stat. 2176.) Editorial Notes PRIOR PROVISIONS A prior section 429 of Pub. L. 90–247 was classified to section 1231f of this title prior to repeal by Pub. L. 103–382. AMENDMENTS 2015—Subsec. (d)(2)(B)(i). Pub. L. 114–95 substituted ‘‘an elementary or secondary school (as defined by the terms ‘elementary school’ and ‘secondary school’ in section 7801 of this title)’’ for ‘‘an elementary or sec- ondary school as defined by the Elementary and Sec- ondary Education Act of 1965’’. 1998—Subsec. (d)(2)(B)(ii). Pub. L. 105–244 substituted ‘‘section 1001’’ for ‘‘section 1141(a)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see sec- tion 3 of Pub. L. 105–244, set out as a note under section 1001 of this title. SUBCHAPTER III—GENERAL REQUIRE- MENTS AND CONDITIONS CONCERNING OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL AU- THORITY OF SECRETARY Editorial Notes CODIFICATION Pub. L. 103–382, title II, § 261(c), Oct. 20, 1994, 108 Stat. 3927, substituted ‘‘SECRETARY’’ for ‘‘COMMISSIONER OF EDUCATION’’. Pub. L. 92–318, title III, § 301(a)(1), June 23, 1972, 86 Stat. 326, redesignated former subchapter II as III. Former subchapter III redesignated IV. § 1230. Repealed. Pub. L. 103–382, title II, § 212(a)(1), Oct. 20, 1994, 108 Stat. 3913 Section, Pub. L. 90–247, title IV, § 421, as added Pub. L. 93–380, title V, § 507(a), Aug. 21, 1974, 88 Stat. 565; amended Pub. L. 94–482, title IV, § 404(a), Oct. 12, 1976, 90 Stat. 2230; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, specified programs subject to provisions of this subchapter. PART 1—GENERAL AUTHORITY § 1231. Joint funding of programs (a) Joint projects; transfers of appropriations; contracts or grants; criteria (1) The Secretary is authorized to enter into arrangements with other Federal agencies to jointly carry out projects of common interest, to transfer to such agencies funds appropriated under any applicable program, and to receive and use funds from such agencies, for projects of common interest. (2) Funds transferred or received pursuant to paragraph (1) shall be used only in accordance with the statutes authorizing the appropriation of such funds, and shall be made available by contract or grant only to recipients eligible to receive such funds under such statutes. (3) If the Secretary enters into an agreement under this subsection for the administration of a project, the agency administering the project shall use such agency’s procedures to award con- tracts or grants and to administer such awards, unless the parties to the agreement specify the use of procedures of another agency that is a party to the agreement. (4) If the Secretary has entered into an agree- ment authorized under this subsection and the Page 895 TITLE 20—EDUCATION § 1231a Secretary and the heads of the other agencies participating in the agreement determine that joint funding is necessary to address a special need consistent with the purposes and author- ized activities of each program that provides funding under the joint project, the Secretary and the heads of the other participating agen- cies may develop a single set of criteria for the jointly funded project and require each appli- cant for such project to submit a single applica- tion for review by the participating agencies. (b) Joint applications The Secretary may develop the criteria for, and require the submission of, joint applications under two or more applicable programs under which funds are awarded on a competitive basis, and may jointly review and approve such appli- cations separately from other applications under such programs, when the Secretary deter- mines that such joint awards are necessary to address a special need consistent with the pur- poses and authorized activities of each such pro- gram. Any applicant for such a joint award shall meet the eligibility requirements of each such program. (c) Limitations on joint funding The Secretary may not construe the provi- sions of this section to take precedence over a limitation on joint funding contained in an ap- plicable statute. (d) Congressional notice (1) The Secretary shall provide notice to the Committee on Education and Labor of the House of Representatives and to the Committee on Labor and Human Resources of the Senate of each joint funding agreement made with other Federal agencies not later than 60 days after the making of such agreements. (2) Such notice shall include— (A) a description of the purpose and objec- tives of the joint funding arrangement; (B) the amounts and sources, by program, of the funds dedicated to such arrangement; and (C) the criteria developed to govern the award of contracts and grants. (Pub. L. 90–247, title IV, § 430, formerly § 411, as added Pub. L. 91–230, title IV, § 401(a)(10), Apr. 13, 1970, 84 Stat. 166; renumbered § 421 and amended Pub. L. 92–318, title III, §§ 301(a)(1), 302(a), June 23, 1972, 86 Stat. 326, 332; renumbered § 421A, Pub. L. 93–380, title V, § 507(a), Aug. 21, 1974, 88 Stat. 565; renumbered § 430 and amended Pub. L. 103–382, title II, §§ 212(b)(1), 241, Oct. 20, 1994, 108 Stat. 3913, 3921.) Editorial Notes PRIOR PROVISIONS A prior section 430 of Pub. L. 90–247 was renumbered section 436, and is classified to section 1231g of this title. AMENDMENTS 1994—Pub. L. 103–382, § 241, amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to administration of education programs, delegations of authority, utilization of services and fa- cilities of other agencies, and consolidation of pro- grams. 1972—Subsec. (c). Pub. L. 92–318, § 302(a), added subsec. (c). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Education and Labor of House of Rep- resentatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999. EFFECTIVE DATE OF 1972 AMENDMENT; INCONSISTENT PROVISIONS INEFFECTIVE Pub. L. 92–318, title III, § 302(c), June 23, 1972, 86 Stat. 333, provided that: ‘‘The provisions of section 421(c) [now 430(c)] of the General Education Provisions Act [subsec. (c) of this section] shall be effective upon the date of enactment of this Act [June 23, 1972]. No provi- sion of any law which is inconsistent with such section 421(c) shall be effective nor shall any such provision control to the extent of such inconsistency, unless such a law is enacted after the date of enactment of this Act.’’ § 1231a. Collection and dissemination of informa- tion The Secretary shall— (1) prepare and disseminate to State and local educational agencies and institutions in- formation concerning applicable programs, and cooperate with other Federal officials who administer programs affecting education in disseminating information concerning such programs; (2) inform the public regarding federally sup- ported education programs; and (3) collect data and information on applica- ble programs for the purpose of obtaining ob- jective measurements of the effectiveness of such programs in achieving the intended pur- poses of such programs. (Pub. L. 90–247, title IV, § 431, formerly § 412, as added Pub. L. 91–230, title IV, § 401(a)(10), Apr. 13, 1970, 84 Stat. 166; renumbered § 422 and amended Pub. L. 92–318, title III, § 301(a)(1), (b)(2)(B), June 23, 1972, 86 Stat. 326, 332; Pub. L. 94–482, title IV, § 409(b), Oct. 12, 1976, 90 Stat. 2233; renumbered § 431, renumbered § 422, and amended Pub. L. 103–382, title II, §§ 212(b)(1), 242, Oct. 20, 1994, 108 Stat. 3913, 3922; renumbered § 431, Pub. L. 107–110, title X, § 1062(1), Jan. 8, 2002, 115 Stat. 2087.) Editorial Notes PRIOR PROVISIONS A prior section 431 of Pub. L. 90–247 was renumbered section 437, and is classified to section 1232 of this title. Another prior section 431 of Pub. L. 90–247 was renum- bered section 441, and was classified to section 1233 of this title prior to repeal by Pub. L. 103–382. AMENDMENTS 1994—Pub. L. 103–382, § 242, amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to duty to collect and disseminate informa- tion about applicable programs and to submit an an- nual report to Congress and authorizing use of contract to carry out this section. 1976—Subsec. (b). Pub. L. 94–482 substituted ‘‘June 30’’ for ‘‘March 31’’. 1972—Subsec. (a)(4). Pub. L. 92–318, § 301(b)(2)(B), sub- stituted ‘‘(as set forth in section 1221c(a) of this title)’’ for ‘‘(as set forth in section 1 of this title)’’.