29 U.S.C. § 3331 — Administrative provisions

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 Page 960 TITLE 29—LABOR § 3332 for the preceding fiscal year, then the fiscal ef- fort per student and the aggregate expendi- tures 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) Waiver The Secretary may waive the requirements of this subsection for not more than 1 fiscal year, if the Secretary determines that a waiv- er would be equitable due to exceptional or un- controllable circumstances, such as a natural disaster or an unforeseen and precipitous de- cline 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 re- duced in the subsequent fiscal year because of the waiver. (Pub. L. 113–128, title II, § 241, 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. § 3332. National leadership activities (a) In general The Secretary shall establish and carry out a program of national leadership activities to en- hance the quality and outcomes of adult edu- cation and literacy activities and programs na- tionwide. (b) Required activities The national leadership activities described in subsection (a) shall include technical assistance, including— (1) assistance to help States meet the re- quirements of section 3141 of this title; (2) upon request by a State, assistance pro- vided to eligible providers in using perform- ance accountability measures based on indica- tors described in section 3141 of this title, and data systems for the improvement of adult education and literacy activities; (3) carrying out rigorous research and eval- uation on effective adult education and lit- eracy activities, as well as estimating the number of adults functioning at the lowest levels of literacy proficiency, which shall be coordinated across relevant Federal agencies, including the Institute of Education Sciences; and (4) carrying out an independent evaluation at least once every 4 years of the programs and activities under this subchapter, taking into consideration the evaluation subjects re- ferred to in section 3224(a)(2) of this title. (c) Allowable activities The national leadership activities described in subsection (a) may include the following: (1) Technical assistance, including— (A) assistance related to professional de- velopment activities, and assistance for the purposes of developing, improving, identi- fying, and disseminating the most successful methods and techniques for providing adult education and literacy activities, based on scientifically valid research where available; (B) assistance in distance education and promoting and improving the use of tech- nology in the classroom, including instruc- tion in English language acquisition for English language learners; (C) assistance in the development and dis- semination of proven models for addressing the digital literacy needs of adults, includ- ing older adults; and (D) supporting efforts aimed at strength- ening programs at the State and local levels, such as technical assistance in program planning, assessment, evaluation, and moni- toring of activities carried out under this subchapter. (2) Funding national leadership activities ei- ther directly or through grants, contracts, or cooperative agreements awarded on a competi- tive basis to or with postsecondary edu- cational institutions, institutions of higher education, public or private organizations or agencies (including public libraries), or con- sortia of such institutions, organizations, or agencies, which may include— (A) developing, improving, and identifying the most successful methods and techniques for addressing the education needs of adults, including instructional practices using the essential components of reading instruction based on the work of the National Institute of Child Health and Human Development; (B) supporting national, regional, or local networks of private nonprofit organizations, public libraries, or institutions of higher education to strengthen the ability of such networks’ members to meet the performance requirements described in section 3141 of this title of eligible providers; (C) increasing the effectiveness, and im- proving the quality, of adult education and literacy activities, which may include— (i) carrying out rigorous research; (ii) carrying out demonstration pro- grams; (iii) accelerating learning outcomes for eligible individuals with the lowest lit- eracy levels; (iv) developing and promoting career pathways for eligible individuals; (v) promoting concurrent enrollment programs in adult education and credit bearing postsecondary coursework; (vi) developing high-quality professional development activities for eligible pro- viders; and (vii) developing, replicating, and dis- seminating information on best practices and innovative programs, such as— (I) the identification of effective strat- egies for working with adults with learn- ing disabilities and with adults who are English language learners; (II) integrated education and training programs;