29 U.S.C. § 3291 — Reservation of funds; grants to eligible

Page 953 TITLE 29—LABOR § 3291 literacy activities offered by an eligible pro- vider in collaboration with an employer or em- ployee organization at a workplace or an off- site location that is designed to improve the productivity of the workforce. (17) Workforce preparation activities The term ‘‘workforce preparation activities’’ means activities, programs, or services de- signed to help an individual acquire a com- bination of basic academic skills, critical thinking skills, digital literacy skills, and self-management skills, including com- petencies in utilizing resources, using infor- mation, working with others, understanding systems, and obtaining skills necessary for successful transition into and completion of postsecondary education or training, or em- ployment. (Pub. L. 113–128, title II, § 203, July 22, 2014, 128 Stat. 1609; Pub. L. 114–95, title IX, § 9215(c), Dec. 10, 2015, 129 Stat. 2166.) Editorial Notes AMENDMENTS 2015—Par. (8). Pub. L. 114–95, which directed general amendment of ‘‘Paragraph (8) of section 203 of the Adult Education and Literacy Act’’, was executed by amending par. (8) of this section, which is section 203 of the Adult Education and Family Literacy Act, Pub. L. 113–128, to reflect the probable intent of Congress. Prior to amendment, text read as follows: ‘‘The term ‘essen- tial components of reading instruction’ has the mean- ing given the term in section 6368 of title 20.’’ 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 Title 20, Education. 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. § 3273. Home schools Nothing in this subchapter shall be construed to affect home schools, whether a home school is treated as a home school or a private school under State law, or to compel a parent or family member engaged in home schooling to partici- pate in adult education and literacy activities. (Pub. L. 113–128, title II, § 204, July 22, 2014, 128 Stat. 1611.) 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. § 3274. Rule of construction regarding postsec- ondary transition and concurrent enrollment activities Nothing in this subchapter shall be construed to prohibit or discourage the use of funds pro- vided under this subchapter for adult education and literacy activities that help eligible individ- uals transition to postsecondary education and training or employment, or for concurrent en- rollment activities. (Pub. L. 113–128, title II, § 205, 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. § 3275. Authorization of appropriations There are authorized to be appropriated to carry out this subchapter $577,667,000 for fiscal year 2015, $622,286,000 for fiscal year 2016, $635,198,000 for fiscal year 2017, $649,287,000 for fiscal year 2018, $664,552,000 for fiscal year 2019, and $678,640,000 for fiscal year 2020. (Pub. L. 113–128, title II, § 206, 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. PART A—FEDERAL PROVISIONS § 3291. Reservation of funds; grants to eligible agencies; allotments (a) Reservation of funds From the sum appropriated under section 3275 of this title for a fiscal year, the Secretary— (1) shall reserve 2 percent to carry out sec- tion 3332 of this title, except that the amount so reserved shall not exceed $15,000,000; and (2) shall reserve 12 percent of the amount that remains after reserving funds under para- graph (1) to carry out section 3333 of this title. (b) Grants to eligible agencies (1) In general From the sum appropriated under section 3275 of this title and not reserved under sub- section (a) for a fiscal year, the Secretary shall award a grant 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 in an amount equal to the sum of the initial allotment under subsection (c)(1) and the addi- tional allotment under subsection (c)(2) for the eligible agency for the fiscal year, subject to subsections (f) and (g), to enable the eligible agency to carry out the activities assisted under this subchapter. (2) Purpose of grants The Secretary may award a grant under paragraph (1) only if the eligible entity in- volved agrees to expend the grant for adult education and literacy activities in accord- ance with the provisions of this subchapter. 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—