Part B—State Administrative Provisions

§2411. Joint funding

(a) General authority

Funds made available to eligible agencies under this chapter may be used to provide additional funds under an applicable program if—

(1) such program otherwise meets the requirements of this chapter and the requirements of the applicable program;

(2) such program serves the same individuals that are served under this chapter;

(3) such program provides services in a coordinated manner with services provided under this chapter; and

(4) such funds are used to supplement, and not supplant, funds provided from non-Federal sources.

(b) Applicable program

For the purposes of this section, the term "applicable program" means any program under any of the following provisions of law:

(1) Chapters 2 and 3 of subtitle B of title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3161 et seq., 3171 et seq.].

(2) The Wagner-Peyser Act [29 U.S.C. 49 et seq.].

(c) Use of funds as matching funds

For the purposes of this section, the term "additional funds" does not include funds used as matching funds.

(Pub. L. 88–210, title II, §221, formerly title III, §321, as added Pub. L. 109–270, §1(b), Aug. 12, 2006, 120 Stat. 745; amended Pub. L. 113–128, title V, §512(e)(7), July 22, 2014, 128 Stat. 1707; renumbered title II, §221, Pub. L. 115–224, title II, §201(a)(5), (7), July 31, 2018, 132 Stat. 1621.)

Editorial Notes

References in Text

The Workforce Innovation and Opportunity Act, referred to in subsec. (b)(1), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. Chapters 2 and 3 of subtitle B of title I of the Act are classified generally to subparts 2 (§3161 et seq.) and 3 (§3171 et seq.), respectively, of part B of subchapter I of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables.

The Wagner-Peyser Act, referred to in subsec. (b)(2), is act June 6, 1933, ch. 49, 48 Stat. 113, which is classified generally to chapter 4B (§49 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 49 of Title 29 and Tables.

Prior Provisions

A prior section 2411, Pub. L. 88–210, title III, §321, as added Pub. L. 105–332, §1(b), Oct. 31, 1998, 112 Stat. 3123, related to joint funding, prior to the general amendment of this chapter by Pub. L. 109–270.

Another prior section 2411, Pub. L. 88–210, title IV, §411, as added Pub. L. 101–392, title IV, §406(a), Sept. 25, 1990, 104 Stat. 812, authorized grants for demonstration programs, prior to the general amendment of this chapter by Pub. L. 105–332.

Another prior section 2411, Pub. L. 88–210, title IV, §411, as added Pub. L. 98–524, §1, Oct. 19, 1984, 98 Stat. 2470, related to programs and projects Secretary was authorized to carry out from available funds, prior to the general amendment of part B of former subchapter IV of this chapter by Pub. L. 101–392.

Amendments

2014—Subsec. (b)(1). Pub. L. 113–128 substituted "Chapters 2 and 3 of subtitle B of title I of the Workforce Innovation and Opportunity Act" for "Chapters 4 and 5 of subtitle B of title I of Public Law 105–220".

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

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.

Effective Date of 2014 Amendment

Amendment by Pub. L. 113–128 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 an Effective Date note under section 3101 of Title 29, Labor.

§2412. Prohibition on use of funds to induce out-of-State relocation of businesses

No funds provided under this chapter shall be used for the purpose of directly providing incentives or inducements to an employer to relocate a business enterprise from one State to another State if such relocation will result in a reduction in the number of jobs available in the State where the business enterprise is located before such incentives or inducements are offered.

(Pub. L. 88–210, title II, §222, formerly title III, §322, as added Pub. L. 109–270, §1(b), Aug. 12, 2006, 120 Stat. 745; renumbered title II, §222, Pub. L. 115–224, title II, §201(a)(5), (7), July 31, 2018, 132 Stat. 1621.)

Editorial Notes

Prior Provisions

A prior section 2412, Pub. L. 88–210, title III, §322, as added Pub. L. 105–332, §1(b), Oct. 31, 1998, 112 Stat. 3124, prohibited use of funds to induce out-of-State relocation of businesses, prior to the general amendment of this chapter by Pub. L. 109–270.

Another prior section 2412, Pub. L. 88–210, title IV, §412, as added Pub. L. 101–392, title IV, §406(a), Sept. 25, 1990, 104 Stat. 812, authorized grants for development, production, and distribution of instructional telecommunications materials and services, prior to the general amendment of this chapter by Pub. L. 105–332.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

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.

§2413. State administrative costs

(a) General rule

Except as provided in subsection (b), for each fiscal year for which an eligible agency receives assistance under this chapter, the eligible agency shall provide, from non-Federal sources for the costs the eligible agency incurs for the administration of programs under this chapter, an amount that is not less than the amount provided by the eligible agency from non-Federal sources for such costs for the preceding fiscal year.

(b) Exception

If the amount made available from Federal sources for the administration of programs under this chapter for a fiscal year (referred to in this section as the "determination year") is less than the amount made available from Federal sources for the administration of programs under this chapter for the preceding fiscal year, then the amount the eligible agency is required to provide from non-Federal sources for costs the eligible agency incurs for the administration of programs under this chapter for the determination year under subsection (a) shall bear the same ratio to the amount the eligible agency provided from non-Federal sources for such costs for the preceding fiscal year, as the amount made available from Federal sources for the administration of programs under this chapter for the determination year bears to the amount made available from Federal sources for the administration of programs under this chapter for the preceding fiscal year.

(Pub. L. 88–210, title II, §223, formerly title III, §323, as added Pub. L. 109–270, §1(b), Aug. 12, 2006, 120 Stat. 745; renumbered title II, §223, Pub. L. 115–224, title II, §201(a)(5), (7), July 31, 2018, 132 Stat. 1621.)

Editorial Notes

Prior Provisions

A prior section 2413, Pub. L. 88–210, title III, §323, as added Pub. L. 105–332, §1(b), Oct. 31, 1998, 112 Stat. 3124, related to State administrative costs, prior to the general amendment of this chapter by Pub. L. 109–270.

Another prior section 2413, Pub. L. 88–210, title IV, §413, as added Pub. L. 101–392, title IV, §406(a), Sept. 25, 1990, 104 Stat. 813, authorized establishment of demonstration centers for training of dislocated workers, prior to the general amendment of this chapter by Pub. L. 105–332.

Another prior section 2413, Pub. L. 88–210, title IV, §413, as added Pub. L. 98–524, §1, Oct. 19, 1984, 98 Stat. 2471, related to program of competitive grants to State boards for State programs involving loan of high-technology, state-of-the-art equipment to eligible recipients for use in local vocational education programs, prior to the general amendment of part B of former subchapter IV of this chapter by Pub. L. 101–392.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

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.

§2414. Student assistance and other Federal programs

(a) Attendance costs not treated as income or resources

The portion of any student financial assistance received under this chapter that is made available for attendance costs described in subsection (b) shall not be considered as income or resources in determining eligibility for assistance under any other program funded in whole or in part with Federal funds.

(b) Attendance costs

The attendance costs described in this subsection are—

(1) tuition and fees normally assessed a student carrying an academic workload as determined by the institution, and including costs for rental or purchase of any equipment, materials, or supplies required of all students in that course of study; and

(2) an allowance for books, supplies, transportation, dependent care, and miscellaneous personal expenses for a student attending the institution on at least a half-time basis, as determined by the institution.

(c) Costs of career and technical education services

Funds made available under this chapter may be used to pay for the costs of career and technical education services required in an individualized education program developed pursuant to section 1414(d) of this title and services necessary to meet the requirements of section 794 of title 29 with respect to ensuring equal access to career and technical education.

(Pub. L. 88–210, title II, §224, title III, §324, as added Pub. L. 109–270, §1(b), Aug. 12, 2006, 120 Stat. 746; renumbered title II, §224, Pub. L. 115–224, title II, §201(a)(5), (7), July 31, 2018, 132 Stat. 1621.)

Editorial Notes

Prior Provisions

A prior section 2414, Pub. L. 88–210, title III, §324, as added Pub. L. 105–332, §1(b), Oct. 31, 1998, 112 Stat. 3124, limited Federal regulations, prior to the general amendment of this chapter by Pub. L. 109–270.

Another prior section 2414, Pub. L. 88–210, title IV, §414, as added Pub. L. 101–392, title IV, §406(a), Sept. 25, 1990, 104 Stat. 813, authorized grants for professional development, prior to the general amendment of this chapter by Pub. L. 105–332.

A prior section 2415, Pub. L. 88–210, title III, §325, as added Pub. L. 105–332, §1(b), Oct. 31, 1998, 112 Stat. 3124, which related to student assistance and other Federal programs, was omitted in the general amendment of this chapter by Pub. L. 109–270.

Another prior section 2415 and prior sections 2416 to 2424 were omitted in the general amendment of this chapter by Pub. L. 105–332.

Section 2415, Pub. L. 88–210, title IV, §415, as added Pub. L. 101–392, title IV, §406(a), Sept. 25, 1990, 104 Stat. 817, related to Blue Ribbon Vocational Education Programs.

Another prior section 2415, Pub. L. 88–210, title IV, §415, as added Pub. L. 98–524, §1, Oct. 19, 1984, 98 Stat. 2471, related to establishment by Secretary of demonstration centers for retraining of dislocated workers, prior to the general amendment of part B of former subchapter IV of this chapter by Pub. L. 101–392.

Section 2416, Pub. L. 88–210, title IV, §416, as added Pub. L. 101–392, title IV, §406(a), Sept. 25, 1990, 104 Stat. 818, related to development of business and education standards.

Section 2417, Pub. L. 88–210, title IV, §417, as added Pub. L. 101–392, title IV, §406(a), Sept. 25, 1990, 104 Stat. 818, related to educational programs for Federal correctional institutions.

Another prior section 2417, Pub. L. 88–210, title IV, §417, as added Pub. L. 98–524, §1, Oct. 19, 1984, 98 Stat. 2471; amended Pub. L. 99–159, title VII, §710, Nov. 22, 1985, 99 Stat. 907, related to establishment of grant program to establish and operate model centers for vocational education for older individuals, prior to the general amendment of part B of former subchapter IV of this chapter by Pub. L. 101–392.

Section 2418, Pub. L. 88–210, title IV, §418, as added Pub. L. 101–392, title IV, §406(a), Sept. 25, 1990, 104 Stat. 819, related to dropout prevention.

Section 2419, Pub. L. 88–210, title IV, §419, as added Pub. L. 101–392, title IV, §406(a), Sept. 25, 1990, 104 Stat. 819, related to model programs of regional training for skilled trades.

Section 2420, Pub. L. 88–210, title IV, §420, as added Pub. L. 101–392, title IV, §406(a), Sept. 25, 1990, 104 Stat. 820; amended Pub. L. 103–382, title III, §391(s)(6), Oct. 20, 1994, 108 Stat. 4025, related to demonstration projects for integration of vocational and academic learning.

Section 2420a, Pub. L. 88–210, title IV, §420A, as added Pub. L. 101–392, title IV, §406(a), Sept. 25, 1990, 104 Stat. 820, related to cooperative demonstration programs.

Section 2421, Pub. L. 88–210, title IV, §421, as added Pub. L. 98–524, §1, Oct. 19, 1984, 98 Stat. 2472; amended Pub. L. 101–392, title IV, §407, Sept. 25, 1990, 104 Stat. 822; Pub. L. 101–476, title IX, §901(a)(2), Oct. 30, 1990, 104 Stat. 1142; Pub. L. 103–227, title X, §1021, Mar. 31, 1994, 108 Stat. 269, authorized vocational education and occupational information data systems.

Section 2422, Pub. L. 88–210, title IV, §422, as added Pub. L. 98–524, §1, Oct. 19, 1984, 98 Stat. 2473; amended Pub. L. 101–392, title IV, §408, Sept. 25, 1990, 104 Stat. 825; Pub. L. 103–227, title IX, §991, Mar. 31, 1994, 108 Stat. 264, related to National Occupational Information Coordinating Committee.

Section 2423, Pub. L. 88–210, title IV, §423, as added Pub. L. 98–524, §1, Oct. 19, 1984, 98 Stat. 2474; amended Pub. L. 101–392, title IV, §409, Sept. 25, 1990, 104 Stat. 827, related to information base for vocational education data system.

Section 2424, Pub. L. 88–210, title IV, §424, as added Pub. L. 101–392, title IV, §410, Sept. 25, 1990, 104 Stat. 829, related to collection of information at reasonable cost and cooperation of States.

A prior section 2431, Pub. L. 88–210, title IV, §431, as added Pub. L. 98–524, §1, Oct. 19, 1984, 98 Stat. 2474, established National Council on Vocational Education, prior to repeal by Pub. L. 101–392, title IV, §411(a), (c), Sept. 25, 1990, 104 Stat. 829, effective Oct. 1, 1991.

Prior sections 2441 to 2461 were omitted in the general amendment of this chapter by Pub. L. 105–332.

Section 2441, Pub. L. 88–210, title IV, §441, as added Pub. L. 98–524, §1, Oct. 19, 1984, 98 Stat. 2477; amended Pub. L. 104–66, title I, §1041(h), Dec. 21, 1995, 109 Stat. 715, authorized grants for bilingual vocational training.

Section 2451, Pub. L. 88–210, title IV, §451, as added Pub. L. 98–524, §1, Oct. 19, 1984, 98 Stat. 2479; amended Pub. L. 101–392, title IV, §412, Sept. 25, 1990, 104 Stat. 829, related to distribution of assistance.

Section 2461, Pub. L. 88–210, title V, §501, as added Pub. L. 98–524, §1, Oct. 19, 1984, 98 Stat. 2479, related to Federal payments to States.

A prior section 2462, Pub. L. 88–210, title V, §502, as added Pub. L. 98–524, §1, Oct. 19, 1984, 98 Stat. 2479; amended Pub. L. 99–159, title VII, §711, Nov. 22, 1985, 99 Stat. 907, related to Federal share of, and non-Federal contributions for, costs of vocational education programs, prior to repeal by Pub. L. 101–392, title V, §501(a)(1), title VII, §702(a), Sept. 25, 1990, 104 Stat. 830, 843, effective July 1, 1991.

A prior section 2463, Pub. L. 88–210, title V, §502, formerly §503, as added Pub. L. 98–524, §1, Oct. 19, 1984, 98 Stat. 2480; renumbered §502 and amended Pub. L. 101–392, title V, §501(a)(2), (b), Sept. 25, 1990, 104 Stat. 830, related to maintenance of effort, prior to the general amendment of this chapter by Pub. L. 105–332.

Prior sections 2464 and 2465 were repealed by Pub. L. 101–392, title V, §501(a)(1), title VII, §702(a), Sept. 25, 1990, 104 Stat. 830, 843, effective July 1, 1991.

Section 2464, Pub. L. 88–210, title V, §504, as added Pub. L. 98–524, §1, Oct. 19, 1984, 98 Stat. 2480; amended Pub. L. 99–159, title VII, §713(a)(3), Nov. 22, 1985, 99 Stat. 907, related to withholding of payments and judicial review of such action.

Section 2465, Pub. L. 88–210, title V, §505, as added Pub. L. 98–524, §1, Oct. 19, 1984, 98 Stat. 2482, required States to conduct biennial audits.

Prior sections 2466 to 2471 were omitted in the general amendment of this chapter by Pub. L. 105–332.

Section 2466, Pub. L. 88–210, title V, §503, formerly §506, as added Pub. L. 98–524, §1, Oct. 19, 1984, 98 Stat. 2482; renumbered §503, Pub. L. 101–392, title V, §501(a)(2), Sept. 25, 1990, 104 Stat. 830, related to authority to make payments. See section 2392 of this title.

Section 2466a, Pub. L. 88–210, title V, §504, as added Pub. L. 101–392, title V, §501(c)(2), Sept. 25, 1990, 104 Stat. 830; amended Pub. L. 103–382, title II, §261(i)(1), Oct. 20, 1994, 108 Stat. 3929, related to regional meetings and negotiated rulemaking.

Section 2466b, Pub. L. 88–210, title V, §505, as added Pub. L. 101–392, title V, §501(c)(2), Sept. 25, 1990, 104 Stat. 831, contained requirements relating to reports, plans, and regulations.

Section 2466c, Pub. L. 88–210, title V, §506, as added Pub. L. 101–392, title V, §501(c)(2), Sept. 25, 1990, 104 Stat. 831, provided for consistency of this chapter with Federal laws guaranteeing civil rights.

Section 2466d, Pub. L. 88–210, title V, §507, as added Pub. L. 101–392, title V, §501(c)(2), Sept. 25, 1990, 104 Stat. 831, related to student assistance and other Federal programs.

Section 2466e, Pub. L. 88–210, title V, §508, as added Pub. L. 101–392, title V, §501(c)(2), Sept. 25, 1990, 104 Stat. 831, related to Federal monitoring of compliance with this chapter.

Section 2468, Pub. L. 88–210, title V, §511, as added Pub. L. 101–392, title V, §501(c)(2), Sept. 25, 1990, 104 Stat. 832, related to use of funds for joint funding of programs.

Section 2468a, Pub. L. 88–210, title V, §512, as added Pub. L. 101–392, title V, §501(c)(2), Sept. 25, 1990, 104 Stat. 832, related to review of regulations.

Section 2468b, Pub. L. 88–210, title V, §513, as added Pub. L. 101–392, title V, §501(c)(2), Sept. 25, 1990, 104 Stat. 833, related to identification of State-imposed requirements.

Section 2468c, Pub. L. 88–210, title V, §514, as added Pub. L. 101–392, title V, §501(c)(2), Sept. 25, 1990, 104 Stat. 833, prohibited use of funds to induce out-of-State relocation of businesses. See section 2412 of this title.

Section 2468d, Pub. L. 88–210, title V, §515, as added Pub. L. 101–392, title V, §501(c)(2), Sept. 25, 1990, 104 Stat. 833, related to State administrative costs. See section 2413 of this title.

Section 2468e, Pub. L. 88–210, title V, §516, as added Pub. L. 101–392, title V, §501(c)(2), Sept. 25, 1990, 104 Stat. 833, contained additional administrative provisions.

Section 2471, Pub. L. 88–210, title V, §521, as added Pub. L. 98–524, §1, Oct. 19, 1984, 98 Stat. 2482; amended Pub. L. 99–159, title VII, §713(a)(4), Nov. 22, 1985, 99 Stat. 907; Pub. L. 101–392, title V, §502, Sept. 25, 1990, 104 Stat. 834; Pub. L. 103–382, title III, §391(s)(7), (8), Oct. 20, 1994, 108 Stat. 4025; Pub. L. 104–193, title I, §110(i)(3), Aug. 22, 1996, 110 Stat. 2172, defined terms for purposes of this chapter.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

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.