§ 10012. Fiscal relief

Footnotes

1. 1 So in original. Probably should be “subsection (d),”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2009

   American Recovery and Reinvestment Act of 2009

   Pub. L. 111–5 div. A title XIV § 14012 · 123 Stat. 115

   Enacted · 20 U.S.C. § 10012

   Pub. L. 111–5, div. A, title XIV, § 14012, Feb. 17, 2009, 123 Stat. 285

   Source evidence

   Code source credit
   Pub. L. 111–5, div. A, title XIV, § 14012, Feb. 17, 2009, 123 Stat. 285

   Enacted provision · exact public law section
   SEC. 14012. FISCAL RELIEF. (a) In General.— For Waiver authority. the purpose of relieving fiscal burdens on States and local educational agencies that have experienced a precipitous decline in financial resources, the Secretary of Education may waive or modify any requirement of this title relating to maintaining fiscal effort. (b) Duration.— A waiver or modification under this section shall be for any of fiscal year 2009, fiscal year 2010, or fiscal year 2011, as determined by the Secretary. (c) Criteria.— The Secretary shall not grant a waiver or modification under this section unless the Secretary determines that the State or local educational agency receiving such waiver or modification will not provide for elementary and secondary education, for the fiscal year under consideration, a smaller percentage of the total revenues available to the State or local educational agency than the amount provided for such purpose in the preceding fiscal year. (d) Maintenance of Effort.— Upon prior approval from the Secretary, a State or local educational agency that receives funds under this title may treat any portion of such funds that is used for elementary, secondary, or postsecondary education as non-Federal funds for the purpose of any requirement to maintain fiscal effort under any other program, including part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.), administered by the Secretary. (e) Subsequent Level of Effort.— Notwithstanding (d), the level of effort required by a State or local educational agency for the following fiscal year shall not be reduced.

2. 2009

   Commerce, Justice, Science, and Related Agencies Appropriations Act, 2009

   Pub. L. 111–8 div. F title V § 523(h) · 123 Stat. 524

   Amended · 20 U.S.C. § 10012(c)

   Pub. L. 111–8 amended subsec. (c) generally. Prior to amendment, text read as follows: “The Secretary shall not grant a waiver or modification under this section unless the Secretary determines that the State or local educational agency receiving such waiver or modification will not provide for elementary and secondary education, for the fiscal year under consideration, a smaller percentage of the total revenues available to the State or local educational agency than the amount provided for such purpose in the preceding fiscal year.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 111–8 amended subsec. (c) generally. Prior to amendment, text read as follows: “The Secretary shall not grant a waiver or modification under this section unless the Secretary determines that the State or local educational agency receiving such waiver or modification will not provide for elementary and secondary education, for the fiscal year under consideration, a smaller percentage of the total revenues available to the State or local educational agency than the amount provided for such purpose in the preceding fiscal year.”

   Enacted provision · exact public law section
   Sec. 523. None of the funds made available in this Act may be used to authorize or issue a national security letter in contravention of any of the following laws authorizing the Federal Bureau of Investigation to issue national security letters: The Right to Financial Privacy Act; The Electronic Communications Privacy Act; The Fair Credit Reporting Act; The National Security Act of 1947; USA PATRIOT Act; and the laws amended by these Acts.

2 of 2 references resolved to an enrolled provision