II 

115TH CONGRESS 

1ST SESSION S. 653 

To amend the Carl D. Perkins Career and Technical Education Act of 

2006 to make the maintenance of effort provision less burdensome on States. 

IN THE SENATE OF THE UNITED STATES 

MARCH 15, 2017 

Mr. HATCH introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend the Carl D. Perkins Career and Technical Education Act of 2006 to make the maintenance of effort 

provision less burdensome on States. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Career and Technical 

5 Education State Flexibility Act’’. 

6 SEC. 2. MAINTENANCE OF EFFORT. 

7 Section 311(b) of the Carl D. Perkins Career and 

8 Technical Education Act of 2006 (20 U.S.C. 2391(b)) is 

9 amended— 

10 (1) in paragraph (1)— 


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1 (A) by striking subparagraph (A) and in2 serting the following: 

3 ‘‘(A) IN GENERAL.— 

4 ‘‘(i) IN GENERAL.—In order for a 

5 State to receive its full allotment of funds 

6 under this Act for any applicable fiscal 

7 year, the State’s fiscal effort per student, 

8 or the aggregate expenditures of such 

9 State, with respect to career and technical 

10 education for the fiscal year preceding 

11 such applicable fiscal year shall be not less 

12 than 80 percent the fiscal effort per stu13 dent, or the aggregate expenditures of such 

14 State, for the second fiscal year preceding 

15 such applicable fiscal year. 

16 ‘‘(ii) APPLICABLE FISCAL YEAR.—In 

17 clause (i), the term ‘applicable fiscal year’ 

18 means any fiscal year beginning with the 

19 third fiscal year that begins after the date 

20 of enactment of the Career and Technical 

21 Education State Flexibility Act. 

22 ‘‘(iii) NO APPLICATION FOR FIRST

23 TWO FISCAL YEARS; RESET.—The mainte24 nance of effort requirement under clause 

25 (i) shall not be applicable for the first 2 


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1 fiscal years that begin after the date of en2 actment of the Career and Technical Edu3 cation State Flexibility Act. After the date 

4 of enactment of the Career and Technical 

5 Education State Flexibility Act, a State 

6 may establish a new level of fiscal effort 

7 per student or aggregate expenditures for 

8 purposes of compliance with this sub9 section.’’; and 

10 (B) in subparagraph (B), by striking 

11 ‘‘shall exclude capital expenditures, special 1- 

12 time project costs, and the cost of pilot pro13 grams’’ and inserting ‘‘shall exclude competitive 

14 or incentive-based programs established by the 

15 State, capital expenditures, special 1-time 

16 project costs, and the cost of pilot programs’’; 

17 and 

18 (2) by striking paragraph (2) and inserting the 

19 following: 

20 ‘‘(2) REDUCTION IN CASE OF FAILURE TO

21 MEET EFFORT.—The Secretary shall reduce the 

22 amount of a State’s allotment of funds under this 

23 Act for any applicable fiscal year (as defined in 

24 paragraph (1)(A)(ii)) in the exact proportion by 

25 which the State fails to meet the requirement of 


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1 paragraph (1)(A)(i) by falling below 80 percent of 

2 both the State’s fiscal effort per student and the 

3 State’s aggregate expenditures (using the measure 

4 most favorable to the State), if the State failed to 

5 meet such requirement (as determined using the 

6 measure most favorable to the State). 

7 ‘‘(3) WAIVER.—The Secretary may waive the 

8 application of paragraph (2) due to exceptional or 

9 uncontrollable circumstances affecting the ability of 

10 the State to meet the requirement of paragraph 

11 (1)(A)(i).’’. 

Æ 


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