§ 2391. Fiscal requirements

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. 2006

   Pub. L. 88–210 title II § 211 · 77 Stat. 403

   Enacted · 20 U.S.C. § 2391

   Pub. L. 88–210, title II, § 211, formerly title III, § 311, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 742

   Source evidence

   Code source credit
   Pub. L. 88–210, title II, § 211, formerly title III, § 311, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 742

2. 2018

   Strengthening Career and Technical Education for the 21st Century Act

   Pub. L. 115–224 § 201(a)(1)(A) · 132 Stat. 1563

   Struck · 20 U.S.C. § 2391(a)

   Pub. L. 115–224, § 201(a)(1)(A), struck out “and tech prep program activities” before period at end

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 115–224, § 201(a)(1)(A), struck out “and tech prep program activities” before period at end.

   Enacted provision · exact public law section
   (A) in subsection (a), by striking “and tech prep program activities”; and

   Effective date note
   Amendment by Pub. L. 115–224 effective July 1, 2019, see section 4 of Pub. L. 115–224, set out as a note under section 2301 of this title.

3. 2018

   Strengthening Career and Technical Education for the 21st Century Act

   Pub. L. 115–224 § 201(a)(1)(B)(i)(I) · 132 Stat. 1563

   Amended · 20 U.S.C. § 2391(b)(1)(A)

   Pub. L. 115–224, § 201(a)(1)(B)(i)(I), amended subpar. (A) generally. Prior to amendment, text read as follows: “Except as provided in subparagraphs (B) and (C), no payments shall be made under this chapter for any fiscal year to a State for career and technical education programs or tech prep programs unless the Secretary determines that the fiscal effort per student or the aggregate expenditures of such State for career and technical education programs for the fiscal year preceding the fiscal year for which the determination is made, equaled or exceeded such effort or expenditures for career and technical education programs for the second fiscal year preceding the fiscal year for which the determination is made.”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(A). Pub. L. 115–224, § 201(a)(1)(B)(i)(I), amended subpar. (A) generally. Prior to amendment, text read as follows: “Except as provided in subparagraphs (B) and (C), no payments shall be made under this chapter for any fiscal year to a State for career and technical education programs or tech prep programs unless the Secretary determines that the fiscal effort per student or the aggregate expenditures of such State for career and technical education programs for the fiscal year preceding the fiscal year for which the determination is made, equaled or exceeded such effort or expenditures for career and technical education programs for the second fiscal year preceding the fiscal year for which the determination is made.”

   Enacted provision · exact public law section
   (I) by amending subparagraph (A) to read as follows: “(A) In general.— Except as provided in subparagraph (B), (C), or (D), in order for a State to receive its full allotment of funds under this Act for any fiscal year, the Secretary must find that the State’s fiscal effort per student, or the aggregate expenditures of such State, with respect to career and technical education for the preceding fiscal year was not less than the fiscal effort per student, or the aggregate expenditures of such State, for the second preceding fiscal year.” ;

   Effective date note
   Amendment by Pub. L. 115–224 effective July 1, 2019, see section 4 of Pub. L. 115–224, set out as a note under section 2301 of this title.

4. 2018

   Strengthening Career and Technical Education for the 21st Century Act

   Pub. L. 115–224 § 201(a)(1)(B)(i)(II) · 132 Stat. 1563

   Substituted · 20 U.S.C. § 2391(b)(1)(B)

   Pub. L. 115–224, § 201(a)(1)(B)(i)(II), substituted “shall, at the request of the State, exclude competitive or incentive-based programs established by the State, capital expenditures, special one-time project costs, and the cost of pilot programs.” for “shall exclude capital expenditures, special 1-time project costs, and the cost of pilot programs.”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(B). Pub. L. 115–224, § 201(a)(1)(B)(i)(II), substituted “shall, at the request of the State, exclude competitive or incentive-based programs established by the State, capital expenditures, special one-time project costs, and the cost of pilot programs.” for “shall exclude capital expenditures, special 1-time project costs, and the cost of pilot programs.”

   Enacted provision · exact public law section
   (II) in subparagraph (B), by striking “shall exclude capital expenditures, special 1-time project costs, and the cost of pilot programs.” and inserting “shall, at the request of the State, exclude competitive or incentive-based programs established by the State, capital expenditures, special one-time project costs, and the cost of pilot programs.”; and

   Effective date note
   Amendment by Pub. L. 115–224 effective July 1, 2019, see section 4 of Pub. L. 115–224, set out as a note under section 2301 of this title.

5. 2018

   Strengthening Career and Technical Education for the 21st Century Act

   Pub. L. 115–224 § 201(a)(1)(B)(i)(III) · 132 Stat. 1563

   Added · 20 U.S.C. § 2391(b)(1)(D)

   Pub. L. 115–224, § 201(a)(1)(B)(i)(III), added subpar. (D)

   Source evidence

   Code amendment note
   Subsec. (b)(1)(D). Pub. L. 115–224, § 201(a)(1)(B)(i)(III), added subpar. (D).

   Enacted provision · exact public law section
   (III) by adding at the end the following: “(D) Establishing the state baseline.— For purposes of applying subparagraph (A) for years which require the calculation of the State’s fiscal effort per student, or aggregate expenditures of such State, with respect to career and technical education for the first full fiscal year following the date of enactment of the Strengthening Career and Technical Education for the 21st Century Act, the State may determine the State’s fiscal effort per student, or aggregate expenditures of such State, with respect to career and technical education for such first full fiscal year by— “(i) continuing to use the State’s fiscal effort per student, or aggregate expenditures of such State, with respect to career and technical education, as was in effect on the day before the date of enactment of the Strengthening Career and Technical Education for the 21st Century Act; or “(ii) establishing a new level of fiscal effort per student, or aggregate expenditures of such State, with respect to career and technical education, which is not less than 95 percent of the State’s fiscal effort per student, or the aggregate expenditures of such State, with respect to career and technical education for the preceding fiscal year.” ;

   Effective date note
   Amendment by Pub. L. 115–224 effective July 1, 2019, see section 4 of Pub. L. 115–224, set out as a note under section 2301 of this title.

6. 2018

   Strengthening Career and Technical Education for the 21st Century Act

   Pub. L. 115–224 § 201(a)(1)(B)(ii) · 132 Stat. 1563

   1. Added · 20 U.S.C. § 2391(b)(2); 20 U.S.C. § 2391(b)(3)

      Pub. L. 115–224, § 201(a)(1)(B)(ii), added pars. (2) and (3)

   2. Struck · 20 U.S.C. § 2391(b)(2); 20 U.S.C. § 2391(b)(3)

      Pub. L. 115–224, § 201(a)(1)(B)(ii), struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “The Secretary may waive the requirements of this section, with respect to not more than 5 percent of expenditures by any eligible agency for 1 fiscal year only, on making a determination that such waiver would be equitable due to exceptional or uncontrollable circumstances affecting the ability of the eligible agency to meet such requirements, such as a natural disaster or an unforeseen and precipitous decline in financial resources. No level of funding permitted under such a waiver may be used as the basis for computing the fiscal effort or aggregate expenditures required under this section for years subsequent to the year covered by such waiver. The fiscal effort or aggregate expenditures for the subsequent years shall be computed on the basis of the level of funding that would, but for such waiver, have been required.”

   Source evidence

   Code amendment note
   Subsec. (b)(2), (3). Pub. L. 115–224, § 201(a)(1)(B)(ii), added pars. (2) and (3) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “The Secretary may waive the requirements of this section, with respect to not more than 5 percent of expenditures by any eligible agency for 1 fiscal year only, on making a determination that such waiver would be equitable due to exceptional or uncontrollable circumstances affecting the ability of the eligible agency to meet such requirements, such as a natural disaster or an unforeseen and precipitous decline in financial resources. No level of funding permitted under such a waiver may be used as the basis for computing the fiscal effort or aggregate expenditures required under this section for years subsequent to the year covered by such waiver. The fiscal effort or aggregate expenditures for the subsequent years shall be computed on the basis of the level of funding that would, but for such waiver, have been required.”

   Enacted provision · exact public law section
   (ii) by striking paragraph (2) and inserting the following: “(2) Failure to meet.— “(A) In general.— The Secretary shall reduce the amount of a State’s allotment of funds under this Act for any fiscal year in the exact proportion by which the State fails to meet the requirement of paragraph (1) by falling below the State’s fiscal effort per student or the State’s aggregate expenditures (using the measure most favorable to the State), if the State failed to meet such requirement (as determined using the measure most favorable to the State) for 1 or more of the 5 immediately preceding fiscal years. “(B) Special rule.— No such lesser amount shall be used for computing the effort required under paragraph (1) for subsequent years. “(3) Waiver.— The Secretary may waive paragraph (2) due to exceptional or uncontrollable circumstances affecting the ability of the State to meet the requirement of paragraph (1) such as a natural disaster or an unforeseen and precipitous decline in financial resources. No level of funding permitted under such a waiver may be used as the basis for computing the fiscal effort or aggregate expenditures required under this section for years subsequent to the year covered by such waiver. The fiscal effort or aggregate expenditures for the subsequent years shall be computed on the basis of the level of funding that would, but for such waiver, have been required.” ;

   Effective date note
   Amendment by Pub. L. 115–224 effective July 1, 2019, see section 4 of Pub. L. 115–224, set out as a note under section 2301 of this title.

6 of 7 references resolved to an enrolled provision · 1 partial