20 U.S.C. § 2413 — State administrative costs

Page 1106 TITLE 20—EDUCATION § 2411 809; Pub. L. 103–382, title III, § 351(a)(2), Oct. 20, 1994, 108 Stat. 3966, related to National Center or Centers for Re- search in Vocational Education. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 1, 2019, see section 4 of Pub. L. 115–224, set out as an Effective Date of 2018 Amendment note under section 2301 of this title. PART B—STATE ADMINISTRATIVE PROVISIONS § 2411. Joint funding (a) General authority Funds made available to eligible agencies under this chapter may be used to provide addi- tional funds under an applicable program if— (1) such program otherwise meets the re- quirements of this chapter and the require- ments of the applicable program; (2) such program serves the same individuals that are served under this chapter; (3) such program provides services in a co- ordinated manner with services provided under this chapter; and (4) such funds are used to supplement, and not supplant, funds provided from non-Federal sources. (b) Applicable program For the purposes of this section, the term ‘‘ap- plicable program’’ means any program under any of the following provisions of law: (1) Chapters 2 and 3 of subtitle B of title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3161 et seq., 3171 et seq.]. (2) The Wagner-Peyser Act [29 U.S.C. 49 et seq.]. (c) Use of funds as matching funds For the purposes of this section, the term ‘‘ad- ditional funds’’ does not include funds used as matching funds. (Pub. L. 88–210, title II, § 221, formerly title III, § 321, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 745; amended Pub. L. 113–128, title V, § 512(e)(7), July 22, 2014, 128 Stat. 1707; renum- bered title II, § 221, Pub. L. 115–224, title II, § 201(a)(5), (7), July 31, 2018, 132 Stat. 1621.) Editorial Notes REFERENCES IN TEXT The Workforce Innovation and Opportunity Act, re- ferred to in subsec. (b)(1), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. Chapters 2 and 3 of subtitle B of title I of the Act are classified generally to subparts 2 (§ 3161 et seq.) and 3 (§ 3171 et seq.), respectively, of part B of subchapter I of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables. The Wagner-Peyser Act, referred to in subsec. (b)(2), is act June 6, 1933, ch. 49, 48 Stat. 113, which is classi- fied generally to chapter 4B (§ 49 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 49 of Title 29 and Tables. PRIOR PROVISIONS A prior section 2411, Pub. L. 88–210, title III, § 321, as added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3123, related to joint funding, prior to the general amend- ment of this chapter by Pub. L. 109–270. Another prior section 2411, Pub. L. 88–210, title IV, § 411, as added Pub. L. 101–392, title IV, § 406(a), Sept. 25, 1990, 104 Stat. 812, authorized grants for demonstration programs, prior to the general amendment of this chap- ter by Pub. L. 105–332. Another prior section 2411, Pub. L. 88–210, title IV, § 411, as added Pub. L. 98–524, § 1, Oct. 19, 1984, 98 Stat. 2470, related to programs and projects Secretary was authorized to carry out from available funds, prior to the general amendment of part B of former subchapter IV of this chapter by Pub. L. 101–392. AMENDMENTS 2014—Subsec. (b)(1). Pub. L. 113–128 substituted ‘‘Chapters 2 and 3 of subtitle B of title I of the Work- force Innovation and Opportunity Act’’ for ‘‘Chapters 4 and 5 of subtitle B of title I of Public Law 105–220’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–224 effective July 1, 2019, see section 4 of Pub. L. 115–224, set out as a note under section 2301 of this title. EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor. § 2412. Prohibition on use of funds to induce out- of-State relocation of businesses No funds provided under this chapter shall be used for the purpose of directly providing incen- tives or inducements to an employer to relocate a business enterprise from one State to another State if such relocation will result in a reduc- tion in the number of jobs available in the State where the business enterprise is located before such incentives or inducements are offered. (Pub. L. 88–210, title II, § 222, formerly title III, § 322, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 745; renumbered title II, § 222, Pub. L. 115–224, title II, § 201(a)(5), (7), July 31, 2018, 132 Stat. 1621.) Editorial Notes PRIOR PROVISIONS A prior section 2412, Pub. L. 88–210, title III, § 322, as added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3124, prohibited use of funds to induce out-of-State reloca- tion of businesses, prior to the general amendment of this chapter by Pub. L. 109–270. Another prior section 2412, Pub. L. 88–210, title IV, § 412, as added Pub. L. 101–392, title IV, § 406(a), Sept. 25, 1990, 104 Stat. 812, authorized grants for development, production, and distribution of instructional tele- communications materials and services, prior to the general amendment of this chapter by Pub. L. 105–332. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–224 effective July 1, 2019, see section 4 of Pub. L. 115–224, set out as a note under section 2301 of this title. § 2413. State administrative costs (a) General rule Except as provided in subsection (b), for each fiscal year for which an eligible agency receives Page 1107 TITLE 20—EDUCATION § 2414 assistance under this chapter, the eligible agen- cy shall provide, from non-Federal sources for the costs the eligible agency incurs for the ad- ministration of programs under this chapter, an amount that is not less than the amount pro- vided by the eligible agency from non-Federal sources for such costs for the preceding fiscal year. (b) Exception If the amount made available from Federal sources for the administration of programs under this chapter for a fiscal year (referred to in this section as the ‘‘determination year’’) is less than the amount made available from Fed- eral sources for the administration of programs under this chapter for the preceding fiscal year, then the amount the eligible agency is required to provide from non-Federal sources for costs the eligible agency incurs for the administration of programs under this chapter for the deter- mination year under subsection (a) shall bear the same ratio to the amount the eligible agen- cy provided from non-Federal sources for such costs for the preceding fiscal year, as the amount made available from Federal sources for the administration of programs under this chap- ter for the determination year bears to the amount made available from Federal sources for the administration of programs under this chap- ter for the preceding fiscal year. (Pub. L. 88–210, title II, § 223, formerly title III, § 323, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 745; renumbered title II, § 223, Pub. L. 115–224, title II, § 201(a)(5), (7), July 31, 2018, 132 Stat. 1621.) Editorial Notes PRIOR PROVISIONS A prior section 2413, Pub. L. 88–210, title III, § 323, as added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3124, related to State administrative costs, prior to the gen- eral amendment of this chapter by Pub. L. 109–270. Another prior section 2413, Pub. L. 88–210, title IV, § 413, as added Pub. L. 101–392, title IV, § 406(a), Sept. 25, 1990, 104 Stat. 813, authorized establishment of dem- onstration centers for training of dislocated workers, prior to the general amendment of this chapter by Pub. L. 105–332. Another prior section 2413, Pub. L. 88–210, title IV, § 413, as added Pub. L. 98–524, § 1, Oct. 19, 1984, 98 Stat. 2471, related to program of competitive grants to State boards for State programs involving loan of high-tech- nology, state-of-the-art equipment to eligible recipi- ents for use in local vocational education programs, prior to the general amendment of part B of former subchapter IV of this chapter by Pub. L. 101–392. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–224 effective July 1, 2019, see section 4 of Pub. L. 115–224, set out as a note under section 2301 of this title. § 2414. Student assistance and other Federal pro- grams (a) Attendance costs not treated as income or re- sources The portion of any student financial assist- ance received under this chapter that is made available for attendance costs described in sub- section (b) shall not be considered as income or resources in determining eligibility for assist- ance under any other program funded in whole or in part with Federal funds. (b) Attendance costs The attendance costs described in this sub- section are— (1) tuition and fees normally assessed a stu- dent carrying an academic workload as deter- mined by the institution, and including costs for rental or purchase of any equipment, mate- rials, or supplies required of all students in that course of study; and (2) an allowance for books, supplies, trans- portation, dependent care, and miscellaneous personal expenses for a student attending the institution on at least a half-time basis, as de- termined by the institution. (c) Costs of career and technical education serv- ices Funds made available under this chapter may be used to pay for the costs of career and tech- nical education services required in an individ- ualized education program developed pursuant to section 1414(d) of this title and services nec- essary to meet the requirements of section 794 of title 29 with respect to ensuring equal access to career and technical education. (Pub. L. 88–210, title II, § 224, title III, § 324, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 746; renumbered title II, § 224, Pub. L. 115–224, title II, § 201(a)(5), (7), July 31, 2018, 132 Stat. 1621.) Editorial Notes PRIOR PROVISIONS A prior section 2414, Pub. L. 88–210, title III, § 324, as added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3124, limited Federal regulations, prior to the general amendment of this chapter by Pub. L. 109–270. Another prior section 2414, Pub. L. 88–210, title IV, § 414, as added Pub. L. 101–392, title IV, § 406(a), Sept. 25, 1990, 104 Stat. 813, authorized grants for professional de- velopment, prior to the general amendment of this chapter by Pub. L. 105–332. A prior section 2415, Pub. L. 88–210, title III, § 325, as added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3124, which related to student assistance and other Federal programs, was omitted in the general amendment of this chapter by Pub. L. 109–270. Another prior section 2415 and prior sections 2416 to 2424 were omitted in the general amendment of this chapter by Pub. L. 105–332. Section 2415, Pub. L. 88–210, title IV, § 415, as added Pub. L. 101–392, title IV, § 406(a), Sept. 25, 1990, 104 Stat. 817, related to Blue Ribbon Vocational Education Pro- grams. Another prior section 2415, Pub. L. 88–210, title IV, § 415, as added Pub. L. 98–524, § 1, Oct. 19, 1984, 98 Stat. 2471, related to establishment by Secretary of dem- onstration centers for retraining of dislocated workers, prior to the general amendment of part B of former subchapter IV of this chapter by Pub. L. 101–392. Section 2416, Pub. L. 88–210, title IV, § 416, as added Pub. L. 101–392, title IV, § 406(a), Sept. 25, 1990, 104 Stat. 818, related to development of business and education standards. Section 2417, Pub. L. 88–210, title IV, § 417, as added Pub. L. 101–392, title IV, § 406(a), Sept. 25, 1990, 104 Stat. 818, related to educational programs for Federal correc- tional institutions. Another prior section 2417, Pub. L. 88–210, title IV, § 417, as added Pub. L. 98–524, § 1, Oct. 19, 1984, 98 Stat.