 
                CHAPTER 73--ADULT EDUCATION AND LITERACY
 
            SUBCHAPTER I--ADULT EDUCATION AND FAMILY LITERACY
 
              Part A--Adult Education and Literacy Programs
 
                      subpart 4--general provisions
 
Sec. 9251. Administrative provisions


(a) Supplement not supplant

    Funds made available for adult education and literacy activities 
under this part 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 part for any 
        fiscal year if the Secretary finds that the fiscal effort per 
        student or the aggregate expenditures of such eligible agency 
        for adult education and literacy activities, in the second 
        preceding fiscal year, was 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 part 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 part for a fiscal year is less than the amount 
    made available for adult education and literacy activities under 
    this part 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 
    1 fiscal year only, 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.

(Pub. L. 105-220, title II, Sec. 241, Aug. 7, 1998, 112 Stat. 1072.)

                  Section Referred to in Other Sections

    This section is referred to in section 9224 of this title.
