Title 29, LaborRelease 119-110

§3331 Administrative Provisions

Title 29 › CHAPTER 32 — WORKFORCE INNOVATION AND OPPORTUNITY › SUBCHAPTER II — ADULT EDUCATION AND LITERACY › Part D — General Provisions › § 3331

Last updated Sep 22, 2026|Official source

Summary

Money for adult education must add to, not replace, state or local spending. To get these federal funds for a given year, an eligible agency must show the Secretary that its spending per student or total spending for adult education two years earlier was at least 90% of what it spent three years earlier. If spending fell, the Secretary will figure the percent drop and cut that agency’s payment by the smaller of the percent drops. When counting spending, the Secretary will leave out building costs and one-time project costs. If federal money for the program drops from one year to the next, the required state effort is lowered by the same percent. The Secretary can waive the rule for no more than one year for emergencies, like a natural disaster or a sudden big loss of state money, and that one-year waiver won’t reduce the effort required the following year.

Full Legal Text

Title 29, §3331

Labor, Source: USLM XML via OLRC

(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 fiscal effort per student or the aggregate expenditures 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 expenditures of an eligible agency for the preceding program year were less than such effort or expenditures for the second preceding program year, the Secretary—
(i)shall determine the percentage decreases in such effort or in such expenditures; 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 Secretary shall exclude capital expenditures and special one-time project costs.
(3)Decrease in Federal support
If the amount made available for adult education and literacy activities under this subchapter for a fiscal year is less than the amount made available for adult education and literacy activities under this subchapter for the preceding fiscal year, then the fiscal effort per student and the aggregate expenditures 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 waiver would be equitable due to exceptional or uncontrollable circumstances, such as a natural disaster or an unforeseen and precipitous decline 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 reduced in the subsequent fiscal year because of the waiver.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section 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 a note under section 3101 of this title.

Reference

Citations & Metadata

Citation

29 U.S.C. § 3331

Title 29, Labor

Last Updated

Sep 22, 2026

Release point: 119-110