Page:United States Statutes at Large Volume 120.djvu/2598

 PUBLIC LAW 109–365—OCT. 17, 2006

120 STAT. 2567

eligible individual also qualifies for intensive or training services described in section 134(d) of such Act (29 U.S.C. 2864(d)). ‘‘(B) PREPARED UNDER WORKFORCE INVESTMENT ACT OF 1998.—An assessment and service strategy or individual employment plan prepared under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.) for an eligible individual may be used to comply with the requirement specified in subparagraph (A). ‘‘(c) FEDERAL SHARE AND USE OF FUNDS.— ‘‘(1) FEDERAL SHARE.—The Secretary may pay a Federal share not to exceed 90 percent of the cost of any project for which a grant is made under subsection (b), except that the Secretary may pay all of such cost if such project is— ‘‘(A) an emergency or disaster project; or ‘‘(B) a project located in an economically depressed area, as determined by the Secretary in consultation with the Secretary of Commerce and the Secretary of Health and Human Services. ‘‘(2) NON-FEDERAL SHARE.—The non-Federal share shall be in cash or in kind. In determining the amount of the nonFederal share, the Secretary may attribute fair market value to services and facilities contributed from non-Federal sources. ‘‘(3) USE OF FUNDS FOR ADMINISTRATIVE COSTS.—Of the grant amount to be paid under this subsection by the Secretary for a project, not to exceed 13.5 percent shall be available for any fiscal year to pay the administrative costs of such project, except that— ‘‘(A) the Secretary may increase the amount available to pay the administrative costs to an amount not to exceed 15 percent of the grant amount if the Secretary determines, based on information submitted by the grantee under subsection (b), that such increase is necessary to carry out such project; and ‘‘(B) if the grantee under subsection (b) demonstrates to the Secretary that— ‘‘(i) major administrative cost increases are being incurred in necessary program components, including liability insurance, payments for workers’ compensation, costs associated with achieving unsubsidized placement goals, and costs associated with other operation requirements imposed by the Secretary; ‘‘(ii) the number of community service employment positions in the project or the number of minority eligible individuals participating in the project will decline if the amount available to pay the administrative costs is not increased; or ‘‘(iii) the size of the project is so small that the amount of administrative costs incurred to carry out the project necessarily exceeds 13.5 percent of the grant amount; the Secretary shall increase the amount available for such fiscal year to pay the administrative costs to an amount not to exceed 15 percent of the grant amount. ‘‘(4) ADMINISTRATIVE COSTS.—For purposes of this title, administrative costs are the costs, both personnel-related and

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