20 U.S.C. § 9211 (EDUCATION)
§ 9211. Reservation of funds; grants to eligible agencies; allotments
(a) Reservation of funds
From the sum appropriated under section 9204 of this title for a fiscal year, the Secretary—
(1) shall reserve 1.5 percent to carry out section 9252 of this title, except that the amount so reserved shall not exceed $8,000,000;
(2) shall reserve 1.5 percent to carry out section 9253 of this title, except that the amount so reserved shall not exceed $8,000,000; and
(3) shall make available, to the Secretary of Labor, 1.72 percent for incentive grants under section 9273 of this title.
(b) Grants to eligible agencies
(1) In general
From the sum appropriated under section 9204 of this title and not reserved under subsection (a) of this section for a fiscal year, the Secretary shall award a grant to each eligible agency having a State plan approved under section 9224 of this title in an amount equal to the sum of the initial allotment under subsection (c)(1) of this section and the additional allotment under subsection (c)(2) of this section for the eligible agency for the fiscal year, subject to subsections (f) and (g) of this section, to enable the eligible agency to carry out the activities assisted under this part.
(2) Purpose of grants
The Secretary may award a grant under paragraph (1) only if the eligible entity involved agrees to expend the grant for adult education and literacy activities in accordance with the provisions of this part.
(c) Allotments
(1) Initial allotments
From the sum appropriated under section 9204 of this title and not reserved under subsection (a) of this section for a fiscal year, the Secretary shall allot to each eligible agency having a State plan approved under section 9224(f) of this title—
(A) $100,000, in the case of an eligible agency serving an outlying area; and
(B) $250,000, in the case of any other eligible agency.
(2) Additional allotments
From the sum appropriated under section 9204 of this title, not reserved under subsection (a) of this section, and not allotted under paragraph (1), for a fiscal year, the Secretary shall allot to each eligible agency that receives an initial allotment 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 eligible agency bears to the number of such adults in all States and outlying areas.
(d) Qualifying adult
For the purpose of subsection (c)(2) of this section, 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 outlying 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 subsection (c) of this section for the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau, the Secretary shall award grants to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau to carry out activities described in this part in accordance with the provisions of this part that the Secretary determines are not inconsistent with this subsection.
(2) Award basis
The Secretary shall award grants pursuant to paragraph (1) on a competitive basis and pursuant to recommendations from the Pacific Region Educational Laboratory in Honolulu, Hawaii.
(3) Termination of eligibility
Notwithstanding any other provision of law, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau shall not receive any funds under this part for any fiscal year that begins after September 30, 2001.
(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 administrative costs of the Pacific Region Educational Laboratory regarding activities assisted under this subsection.
(f) Hold-harmless
(1) In general
Notwithstanding subsection (c) of this section—
(A) for fiscal year 1999, no eligible agency shall receive an allotment under this part that is less than 90 percent of the payments made to the State or outlying area of the eligible agency for fiscal year 1998 for programs for which funds were authorized to be appropriated under section 313 of the Adult Education Act (as such Act was in effect on the day before August 7, 1998); and
(B) for fiscal year 2000 and each succeeding fiscal year, no eligible agency shall receive an allotment under this part that is less than 90 percent of the allotment the eligible agency received for the preceding fiscal year under this part.
(2) Ratable reduction
If for any fiscal year the amount available for allotment under this part is insufficient to satisfy the provisions of paragraph (1), the Secretary shall ratably reduce the payments to all eligible agencies, as necessary.
(g) Reallotment
The portion of any eligible agency’s allotment under this part for a fiscal year that the Secretary determines will not be required for the period such allotment is available for carrying out activities under this part, shall be available for reallotment from time to time, on such dates during such period as the Secretary shall fix, to other eligible agencies in proportion to the original allotments to such agencies under this part for such year.
(Pub. L. 105–220, title II, § 211, Aug. 7, 1998, 112 Stat. 1062; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 404(b)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–416.)
heading: References in Text
text: Section 313 of the Adult Education Act (as such Act was in effect on the day before August 7, 1998), referred to in subsec. (f)(1)(A), means section 313 of Pub. L. 89–750, which was classified to section 1201b of this title, prior to repeal by Pub. L. 105–220, title II, § 251(a)(1), Aug. 7, 1998, 112 Stat. 1079.
heading: Amendments
text: 1998—Subsec. (d)(1). Pub. L. 105–277 struck out “, but less than 61 years of age” after “16 years of age”.