90 STAT. 2218
20 USC 1206.
20 USC 1609.
PUBLIC LAW 94-482—OCT. 12, 1976 ceding fiscal year were not less than the amount per student expended or the aggregate expenditure for the second preceding year.". (4) Section 307(b) of the Adult Education Act is amended to read as follows: "(b) No payment shall be made to any State from its allotment for any fiscal year unless the Commissioner finds that the fiscal effort per student or the amount available for expenditure by such State for adult education from non-Federal sources for the preceding fiscal year was not less than such fiscal effort per student or such amount available for expenditure for such purposes from such sources during the second preceding fiscal year, but no State shall be required to use its funds to supplant any portion of the Federal share.". (5) Section 710(a) (13) of the Emergency School Aid Act is amended to read as follows: "(13) provides that the applicant has not reduced its fiscal effort per student or the aggregate expenditure for the provision of free public education for children in attendance at the school of such agency for the fiscal year for which assistance is sought under this title to less than that of the second preceding fiscal year;". (b) The General Education Provisions Act is amended by inserting after section 431 the following new section: ((MAINTENANCE
20 USC 1232-1. 20 USC 1803, 1206.
OF EFFORT DETERMINATION
"SEC. 431A. (a)(1) I n prescribing regulations for carrying out the requirements of section 403(a) (11) of the Elementary and Secondary Education Act of 1965 and section 307(b) of the Adult Education Act, the Commissioner shall— "(A) determine the amount so expended on the basis of per pupil or aggregate expenditures; " (B) prescribe that the requirement for each such section is met for any fiscal year for which notification is given under subparagraph (C) if, for such year, the fiscal effort per student or the amount expended is not less than the allowable percentage reduction for that agency from its fiscal effort per student or the amount expended by that agency in its base year; and "(C) requires that each agency intending to use the provisions of this section shall notify the Commissioner. "(2) For purposes of paragraph (1)(B) of this subsection— "(A) an agency's base year for the period in which such paragraph is effective shall be the fiscal year determined by that agency to be such base year in the first fiscal year for which such notification is given by that agency, except that such base year so determined shall be— "(i) the fiscal year preceding such fiscal year for which notification is given; or "(ii) the second fiscal year preceding such year of notification; and " (B) an agency's allowable percentage reduction for any fiscal year shall be a percentage reduction from the fiscal effort per student or the amount expended in its base year determined by that agency which, when added to the sum of any such percentage reductions previously determined by that agency for purposes of paragraph (1)(B), does not exceed 5 percent.