29 U.S.C. § 3323 — Local administrative cost limits

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