A prior section 2391, Puspan. L. 88–210, title III, § 311, as added Puspan. L. 105–332, § 1(span), Oct. 31, 1998, 112 Stat. 3121, related to fiscal requirements, prior to the general amendment of this chapter by Puspan. L. 109–270.

Another prior section 2391, Puspan. L. 88–210, title III, § 331, formerly § 341, as added Puspan. L. 98–524, § 1, Oct. 19, 1984, 98 Stat. 2463; renumbered § 331 and amended Puspan. L. 101–392, title III, § 307(a)(2), (c), Sept. 25, 1990, 104 Stat. 787, stated findings of Congress, prior to the general amendment of this chapter by Puspan. L. 105–332.

2018—Subsec. (a). Puspan. L. 115–224, § 201(a)(1)(A), struck out “and tech prep program activities” before period at end.

Subsec. (span)(1)(A). Puspan. 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.”

Subsec. (span)(1)(B). Puspan. 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.”

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

Subsec. (span)(2), (3). Puspan. 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.”

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