§ 9273. — Incentive grants.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC9273]
TITLE 20--EDUCATION
CHAPTER 73--ADULT EDUCATION AND LITERACY
SUBCHAPTER II--GENERAL PROVISIONS
Sec. 9273. Incentive grants
(a) In general
Beginning on July 1, 2000, the Secretary shall award a grant to each
State that exceeds the State adjusted levels of performance for title I
[29 U.S.C. 2801 et seq.], the adjusted levels of performance for title
II [20 U.S.C. 9201 et seq.], and the levels of performance for programs
under Public Law 105-332 (20 U.S.C. 2301 et seq.), for the purpose of
carrying out an innovative program consistent with the requirements of
any one or more of the programs within title I, title II, or such Public
Law, respectively.
(b) Application
(1) In general
The Secretary may provide a grant to a State under subsection
(a) of this section only if the State submits an application to the
Secretary for the grant that meets the requirements of paragraph
(2).
(2) Requirements
The Secretary may review an application described in paragraph
(1) only to ensure that the application contains the following
assurances:
(A) The legislature of the State was consulted with respect
to the development of the application.
(B) The application was approved by the Governor, the
eligible agency (as defined in section 9202 of this title), and
the State agency responsible for programs established under
Public Law 105-332 (20 U.S.C. 2301 et seq.).
(C) The State and the eligible agency, as appropriate,
exceeded the State adjusted levels of performance for title I
[29 U.S.C. 2801 et seq.], the expected levels of performance for
title II [20 U.S.C. 9201 et seq.], and the levels of performance
for programs under Public Law 105-332 (20 U.S.C. 2301 et seq.).
(c) Amount
(1) Minimum and maximum grant amounts
Subject to paragraph (2), a grant provided to a State under
subsection (a) of this section shall be awarded in an amount that is
not less than $750,000 and not more than $3,000,000.
(2) Proportionate reduction
If the amount available for grants under this section for a
fiscal year is insufficient to award a grant to each State or
eligible agency that is eligible for a grant, the Secretary shall
reduce the minimum and maximum grant amount by a uniform percentage.
(d) Expected levels of performance as consideration
Notwithstanding any other provision of this section, for fiscal year
2000, the Secretary shall not consider the expected levels of
performance under Public Law 105-332 (20 U.S.C. 2301 et seq.) and shall
not award a grant under subsection (a) of this section based on the
levels of performance for that Act.
(Pub. L. 105-220, title V, Sec. 503, Aug. 7, 1998, 112 Stat. 1244; Pub.
L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 404(f)], Oct. 21,
1998, 112 Stat. 2681-337, 2681-417; Pub. L. 106-246, div. B, title II,
Sec. 2403(a)(1), July 13, 2000, 114 Stat. 555.)
References in Text
Title I, referred to in subsecs. (a) and (b)(2)(C), is title I of
Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 939, which is classified
principally to chapter 30 (Sec. 2801 et seq.) of Title 29, Labor. For
complete classification of title I to the Code, see Tables.
Title II, referred to in subsecs. (a) and (b)(2)(C), is title II of
Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 1059, as amended, known as the
Adult Education and Family Literacy Act, which is classified principally
to subchapter I (Sec. 9201 et seq.) of this chapter. For complete
classification of title II to the Code, see Short Title note set out
under section 9201 of this title and Tables.
Public Law 105-332 (20 U.S.C. 2301 et seq.), referred to in subsecs.
(a), (b)(2)(B), (C), and (d), is Pub. L. 105-332, Oct. 31, 1998, 112
Stat. 3076, known as the Carl D. Perkins Vocational and Applied
Technology Education Amendments of 1998. For complete classification of
this Act to the Code, see Short Title of 1998 Amendment note set out
under section 2301 of this title and Tables.
Amendments
2000--Subsecs. (a), (b)(2)(B), (C). Pub. L. 106-246,
Sec. 2403(a)(1)(A), substituted ``under Public Law 105-332 (20 U.S.C.
2301 et seq.)'' for ``under Public Law 88-210 (as amended; 20 U.S.C.
2301 et seq.)''.
Subsec. (d). Pub. L. 106-246, Sec. 2403(a)(1)(B), added subsec. (d).
1998--Subsec. (a). Pub. L. 105-277 substituted ``adjusted'' for
``expected'' before ``levels of performance for title II''.
Section Referred to in Other Sections
This section is referred to in sections 2321, 9211 of this title;
title 29 sections 2801, 2821, 2871, 2919.
