US (United States) Code. Title 29. Chapter 30: Workforce Investment Systems

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Labor

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-CITE-

29 USC CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

-HEAD-

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

-MISC1-

SUBCHAPTER I - WORKFORCE INVESTMENT DEFINITIONS

Sec.

2801. Definitions.

SUBCHAPTER II - STATEWIDE AND LOCAL WORKFORCE INVESTMENT SYSTEMS

2811. Purpose.

PART A - STATE PROVISIONS

2821. State workforce investment boards.

(a) In general.

(b) Membership.

(c) Chairperson.

(d) Functions.

(e) Alternative entity.

(f) Conflict of interest.

(g) Sunshine provision.

2822. State plan.

(a) In general.

(b) Contents.

(c) Plan submission and approval.

(d) Modifications to plan.

PART B - LOCAL PROVISIONS

2831. Local workforce investment areas.

(a) Designation of areas.

(b) Small States.

(c) Regional planning and cooperation.

2832. Local workforce investment boards.

(a) Establishment.

(b) Membership.

(c) Appointment and certification of board.

(d) Functions of local board.

(e) Sunshine provision.

(f) Limitations.

(g) Conflict of interest.

(h) Youth council.

(i) Alternative entity.

2833. Local plan.

(a) In general.

(b) Contents.

(c) Process.

(d) Plan submission and approval.

PART C - WORKFORCE INVESTMENT ACTIVITIES PROVIDERS

2841. Establishment of one-stop delivery systems.

(a) In general.

(b) One-stop partners.

(c) Memorandum of understanding.

(d) One-stop operators.

(e) Established one-stop delivery system.

(f) Application to certain vocational

rehabilitation programs.

2842. Identification of eligible providers of training

services.

(a) Eligibility requirements.

(b) Initial eligibility determination.

(c) Subsequent eligibility determination.

(d) Performance and cost information.

(e) Local identification.

(f) Enforcement.

(g) Appeal.

(h) On-the-job training or customized training

exception.

(i) Administration.

2843. Identification of eligible providers of youth

activities.

PART D - YOUTH ACTIVITIES

2851. General authorization.

2852. State allotments.

(a) In general.

(b) Allotment among States.

(c) Reallotment.

2853. Within State allocations.

(a) Reservations for State activities.

(b) Within State allocation.

(c) Reallocation among local areas.

2854. Use of funds for youth activities.

(a) Purposes.

(b) Statewide youth activities.

(c) Local elements and requirements.

PART E - ADULT AND DISLOCATED WORKER EMPLOYMENT AND TRAINING

ACTIVITIES

2861. General authorization.

2862. State allotments.

(a) In general.

(b) Allotment among States.

(c) Reallotment.

2863. Within State allocations.

(a) Reservations for State activities.

(b) Within State allocation.

(c) Reallocation among local areas.

2864. Use of funds for employment and training activities.

(a) Statewide employment and training activities.

(b) Local employment and training activities.

(c) Establishment of one-stop delivery system.

(d) Required local employment and training

activities.

(e) Permissible local employment and training

activities.

PART F - GENERAL PROVISIONS

2871. Performance accountability system.

(a) Purpose.

(b) State performance measures.

(c) Local performance measures.

(d) Report.

(e) Evaluation of State programs.

(f) Fiscal and management accountability

information systems.

(g) Sanctions for State failure to meet State

performance measures.

(h) Sanctions for local area failure to meet local

performance measures.

(i) Other measures and terminology.

2872. Authorization of appropriations.

(a) Youth activities.

(b) Adult employment and training activities.

(c) Dislocated worker employment and training

activities.

SUBCHAPTER III - JOB CORPS

2881. Purposes.

2882. Definitions.

2883. Establishment.

2884. Individuals eligible for the Job Corps.

2885. Recruitment, screening, selection, and assignment of

enrollees.

(a) Standards and procedures.

(b) Special limitations on selection.

(c) Assignment plan.

(d) Assignment of individual enrollees.

2886. Enrollment.

(a) Relationship between enrollment and military

obligations.

(b) Period of enrollment.

2887. Job Corps centers.

(a) Operators and service providers.

(b) Character and activities.

(c) Civilian Conservation Centers.

(d) Indian tribes.

2888. Program activities.

(a) Activities provided by Job Corps centers.

(b) Education and vocational training.

(c) Advanced career training programs.

(d) Continued services.

(e) Child care.

2889. Counseling and job placement.

(a) Counseling and testing.

(b) Placement.

(c) Status and progress.

(d) Services to former enrollees.

2890. Support.

(a) Personal allowances.

(b) Readjustment allowances.

2891. Operating plan.

(a) In general.

(b) Additional information.

(c) Availability.

2892. Standards of conduct.

(a) Provision and enforcement.

(b) Disciplinary measures.

(c) Appeal.

2893. Community participation.

(a) Business and Community Liaison.

(b) Responsibilities.

(c) New centers.

2894. Industry councils.

(a) In general.

(b) Industry council composition.

(c) Responsibilities.

(d) New centers.

2895. Advisory committees.

2896. Experimental, research, and demonstration projects.

2897. Application of provisions of Federal law.

(a) Enrollees not considered to be Federal

employees.

(b) Adjustments and settlements.

(c) Personnel of the uniformed services.

2898. Special provisions.

(a) Enrollment.

(b) Studies, evaluations, proposals, and data.

(c) Transfer of property.

(d) Gross receipts.

(e) Management fee.

(f) Donations.

(g) Sale of property.

2899. Management information.

(a) Financial management information system.

(b) Audit.

(c) Information on indicators of performance.

(d) Additional information.

(e) Methods.

(f) Performance assessments and improvements.

(g) Closure of Job Corps center.

2900. General provisions.

2901. Authorization of appropriations.

SUBCHAPTER IV - NATIONAL PROGRAMS

2911. Native American programs.

(a) Purpose.

(b) Definitions.

(c) Program authorized.

(d) Authorized activities.

(e) Program plan.

(f) Consolidation of funds.

(g) Nonduplicative and nonexclusive services.

(h) Administrative provisions.

(i) Compliance with single audit requirements;

related requirement.

(j) Assistance to American Samoans in Hawaii.

2912. Migrant and seasonal farmworker programs.

(a) In general.

(b) Eligible entities.

(c) Program plan.

(d) Authorized activities.

(e) Consultation with Governors and local boards.

(f) Regulations.

(g) Compliance with single audit requirements;

related requirement.

(h) Definitions.

2913. Veterans' workforce investment programs.

(a) Authorization.

(b) Administration of programs.

2914. Youth opportunity grants.

(a) Grants.

(b) Use of funds.

(c) Eligible local boards.

(d) Eligible entities.

(e) Application.

(f) Performance measures.

(g) Role model academy project.

2915. Technical assistance.

(a) General technical assistance.

(b) Dislocated worker technical assistance.

2916. Demonstration, pilot, multiservice, research, and

multistate projects.

(a) Strategic plan.

(b) Demonstration and pilot projects.

(c) Multiservice projects, research projects, and

multistate projects.

(d) Dislocated worker projects.

2916a. Demonstration programs and projects to provide

technical skills training for workers.

2917. Evaluations.

(a) Programs and activities carried out under this

chapter.

(b) Other programs and activities.

(c) Techniques.

(d) Reports.

(e) Reports to Congress.

(f) Coordination.

2918. National emergency grants.

(a) In general.

(b) Administration.

(c) Employment and training assistance

requirements.

(d) Disaster relief employment assistance

requirements.

(e) Additional assistance.

(f) Health insurance coverage assistance for

eligible individuals.

(g) Interim health insurance coverage and other

assistance.

2919. Authorization of appropriations.

(a) Native American programs; migrant and seasonal

farmworker programs; veterans' workforce

investment programs.

(b) Technical assistance; demonstration and pilot

projects; evaluations; incentive grants.

(c) Assistance for eligible workers.

2920. Educational assistance and training.

(a) Use of fund.

(b) Allocation of funds.

(c) Disbursement to States.

(d) Limitation on Federal overhead.

(e) Annual report.

(f) "State" defined.

SUBCHAPTER V - ADMINISTRATION

2931. Requirements and restrictions.

(a) Benefits.

(b) Labor standards.

(c) Grievance procedure.

(d) Relocation.

(e) Limitation on use of funds.

(f) Testing and sanctioning for use of controlled

substances.

2932. Prompt allocation of funds.

(a) Allotments based on latest available data.

(b) Publication in Federal Register relating to

formula funds.

(c) Requirement for funds distributed by formula.

(d) Publication in Federal Register relating to

discretionary funds.

(e) Availability of funds.

2933. Monitoring.

(a) In general.

(b) Investigations.

(c) Additional requirement.

2934. Fiscal controls; sanctions.

(a) Establishment of fiscal controls by States.

(b) Substantial violation.

(c) Repayment of certain amounts to the United

States.

(d) Repayment of amounts.

(e) Immediate termination or suspension of

assistance in emergency situations.

(f) Discrimination against participants.

(g) Remedies.

2935. Reports; recordkeeping; investigations.

(a) Reports.

(b) Investigations of use of funds.

(c) Accessibility of reports.

(d) Information to be included in reports.

(e) Quarterly financial reports.

(f) Maintenance of additional records.

(g) Cost categories.

2936. Administrative adjudication.

(a) In general.

(b) Appeal.

(c) Time limit.

(d) Additional requirement.

2937. Judicial review.

(a) Review.

(b) Judgment.

2938. Nondiscrimination.

(a) In general.

(b) Action of Secretary.

(c) Action of Attorney General.

(d) Job Corps.

(e) Regulations.

2939. Administrative provisions.

(a) In general.

(b) Acquisition of certain property and services.

(c) Authority to enter into certain agreements and

to make certain expenditures.

(d) Annual report.

(e) Utilization of services and facilities.

(f) Obligational authority.

(g) Program year.

(h) Enforcement of Military Selective Service Act.

(i) Waivers and special rules.

2940. References.

(a) References to Comprehensive Employment and

Training Act.

(b) References to Job Training Partnership Act.

2941. State legislative authority.

(a) Authority of State legislature.

(b) Interstate compacts and cooperative agreements.

2942. Workforce flexibility plans.

(a) Plans.

(b) Content of plans.

(c) Periods.

(d) Opportunity for public comments.

2943. Use of certain real property.

(a) In general.

(b) Use of funds.

2944. Continuation of State activities and policies.

(a) In general.

(b) Definition.

2945. General program requirements.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 701, 712, 721, 751, 772,

773 of this title; title 5 section 3502; title 7 sections 2014,

2015, 2026; title 8 sections 1255a, 1613; title 15 sections 636,

3116; title 18 section 665; title 19 sections 2271, 2296, 2311;

title 20 sections 1087vv, 6381d, 6434, 6453, 6455, 7512, 9271,

9272, 9273, 9274, 9275, 9276; title 31 section 6703; title 38

sections 4102A, 4103A, 4213; title 42 sections 603, 1437u, 1474,

3013, 3030d, 3056c, 3056h, 6864, 6873, 7274h, 9806, 11302, 12655m,

12899c, 13823.

-End-

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29 USC SUBCHAPTER I - WORKFORCE INVESTMENT DEFINITIONS 01/06/03

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TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER I - WORKFORCE INVESTMENT DEFINITIONS

-HEAD-

SUBCHAPTER I - WORKFORCE INVESTMENT DEFINITIONS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 42 section 603.

-End-

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29 USC Sec. 2801 01/06/03

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TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER I - WORKFORCE INVESTMENT DEFINITIONS

-HEAD-

Sec. 2801. Definitions

-STATUTE-

In this chapter:

(1) Adult

Except in sections 2852 and 2862 of this title, the term

"adult" means an individual who is age 18 or older.

(2) Adult education; adult education and literacy activities

The terms "adult education" and "adult education and literacy

activities" have the meanings given the terms in section 9202 of

title 20.

(3) Area vocational education school

The term "area vocational education school" has the meaning

given the term in section 2302 (!1) of title 20.

(4) Basic skills deficient

The term "basic skills deficient" means, with respect to an

individual, that the individual has English reading, writing, or

computing skills at or below the 8th grade level on a generally

accepted standardized test or a comparable score on a

criterion-referenced test.

(5) Case management

The term "case management" means the provision of a

client-centered approach in the delivery of services, designed -

(A) to prepare and coordinate comprehensive employment plans,

such as service strategies, for participants to ensure access

to necessary workforce investment activities and supportive

services, using, where feasible, computer-based technologies;

and

(B) to provide job and career counseling during program

participation and after job placement.

(6) Chief elected official

The term "chief elected official" means -

(A) the chief elected executive officer of a unit of general

local government in a local area; and

(B) in a case in which a local area includes more than one

unit of general local government, the individuals designated

under the agreement described in section 2832(c)(1)(B) of this

title.

(7) Community-based organization

The term "community-based organization" means a private

nonprofit organization that is representative of a community or a

significant segment of a community and that has demonstrated

expertise and effectiveness in the field of workforce investment.

(8) Customized training

The term "customized training" means training -

(A) that is designed to meet the special requirements of an

employer (including a group of employers);

(B) that is conducted with a commitment by the employer to

employ an individual on successful completion of the training;

and

(C) for which the employer pays for not less than 50 percent

of the cost of the training.

(9) Dislocated worker

The term "dislocated worker" means an individual who -

(A)(i) has been terminated or laid off, or who has received a

notice of termination or layoff, from employment;

(ii)(I) is eligible for or has exhausted entitlement to

unemployment compensation; or

(II) has been employed for a duration sufficient to

demonstrate, to the appropriate entity at a one-stop center

referred to in section 2864(c) of this title, attachment to the

workforce, but is not eligible for unemployment compensation

due to insufficient earnings or having performed services for

an employer that were not covered under a State unemployment

compensation law; and

(iii) is unlikely to return to a previous industry or

occupation;

(B)(i) has been terminated or laid off, or has received a

notice of termination or layoff, from employment as a result of

any permanent closure of, or any substantial layoff at, a

plant, facility, or enterprise;

(ii) is employed at a facility at which the employer has made

a general announcement that such facility will close within 180

days; or

(iii) for purposes of eligibility to receive services other

than training services described in section 2864(d)(4) of this

title, intensive services described in section 2864(d)(3) of

this title, or supportive services, is employed at a facility

at which the employer has made a general announcement that such

facility will close;

(C) was self-employed (including employment as a farmer, a

rancher, or a fisherman) but is unemployed as a result of

general economic conditions in the community in which the

individual resides or because of natural disasters; or

(D) is a displaced homemaker.

(10) Displaced homemaker

The term "displaced homemaker" means an individual who has been

providing unpaid services to family members in the home and who -

(A) has been dependent on the income of another family member

but is no longer supported by that income; and

(B) is unemployed or underemployed and is experiencing

difficulty in obtaining or upgrading employment.

(11) Economic development agencies

The term "economic development agencies" includes local

planning and zoning commissions or boards, community development

agencies, and other local agencies and institutions responsible

for regulating, promoting, or assisting in local economic

development.

(12) Eligible provider

The term "eligible provider", used with respect to -

(A) training services, means a provider who is identified in

accordance with section 2842(e)(3) of this title;

(B) intensive services, means a provider who is identified or

awarded a contract as described in section 2864(d)(3)(B) of

this title;

(C) youth activities, means a provider who is awarded a grant

or contract in accordance with section 2843 of this title; or

(D) other workforce investment activities, means a public or

private entity selected to be responsible for such activities,

such as a one-stop operator designated or certified under

section 2841(d) of this title.

(13) Eligible youth

Except as provided in subchapters III and IV of this chapter,

the term "eligible youth" means an individual who -

(A) is not less than age 14 and not more than age 21;

(B) is a low-income individual; and

(C) is an individual who is one or more of the following:

(i) Deficient in basic literacy skills.

(ii) A school dropout.

(iii) Homeless, a runaway, or a foster child.

(iv) Pregnant or a parent.

(v) An offender.

(vi) An individual who requires additional assistance to

complete an educational program, or to secure and hold

employment.

(14) Employment and training activity

The term "employment and training activity" means an activity

described in section 2864 of this title that is carried out for

an adult or dislocated worker.

(15) Family

The term "family" means two or more persons related by blood,

marriage, or decree of court, who are living in a single

residence, and are included in one or more of the following

categories:

(A) A husband, wife, and dependent children.

(B) A parent or guardian and dependent children.

(C) A husband and wife.

(16) Governor

The term "Governor" means the chief executive of a State.

(17) Individual with a disability

(A) In general

The term "individual with a disability" means an individual

with any disability (as defined in section 12102 of title 42).

(B) Individuals with disabilities

The term "individuals with disabilities" means more than one

individual with a disability.

(18) Labor market area

The term "labor market area" means an economically integrated

geographic area within which individuals can reside and find

employment within a reasonable distance or can readily change

employment without changing their place of residence. Such an

area shall be identified in accordance with criteria used by the

Bureau of Labor Statistics of the Department of Labor in defining

such areas or similar criteria established by a Governor.

(19) Literacy

The term "literacy" has the meaning given the term in section

9202 of title 20.

(20) Local area

The term "local area" means a local workforce investment area

designated under section 2831 of this title.

(21) Local board

The term "local board" means a local workforce investment board

established under section 2832 of this title.

(22) Local performance measure

The term "local performance measure" means a performance

measure established under section 2871(c) of this title.

(23) Local educational agency

The term "local educational agency" has the meaning given the

term in section 7801 of title 20.

(24) Lower living standard income level

The term "lower living standard income level" means that income

level (adjusted for regional, metropolitan, urban, and rural

differences and family size) determined annually by the Secretary

based on the most recent lower living family budget issued by the

Secretary.

(25) Low-income individual

The term "low-income individual" means an individual who -

(A) receives, or is a member of a family that receives, cash

payments under a Federal, State, or local income-based public

assistance program;

(B) received an income, or is a member of a family that

received a total family income, for the 6-month period prior to

application for the program involved (exclusive of unemployment

compensation, child support payments, payments described in

subparagraph (A), and old-age and survivors insurance benefits

received under section 402 of title 42) that, in relation to

family size, does not exceed the higher of -

(i) the poverty line, for an equivalent period; or

(ii) 70 percent of the lower living standard income level,

for an equivalent period;

(C) is a member of a household that receives (or has been

determined within the 6-month period prior to application for

the program involved to be eligible to receive) food stamps

pursuant to the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.);

(D) qualifies as a homeless individual, as defined in

subsections (a) and (c) of section 11302 of title 42;

(E) is a foster child on behalf of whom State or local

government payments are made; or

(F) in cases permitted by regulations promulgated by the

Secretary of Labor, is an individual with a disability whose

own income meets the requirements of a program described in

subparagraph (A) or of subparagraph (B), but who is a member of

a family whose income does not meet such requirements.

(26) Nontraditional employment

The term "nontraditional employment" refers to occupations or

fields of work for which individuals from one gender comprise

less than 25 percent of the individuals employed in each such

occupation or field of work.

(27) Offender

The term "offender" means any adult or juvenile -

(A) who is or has been subject to any stage of the criminal

justice process, for whom services under this Act may be

beneficial; or

(B) who requires assistance in overcoming artificial barriers

to employment resulting from a record of arrest or conviction.

(28) Older individual

The term "older individual" means an individual age 55 or

older.

(29) One-stop operator

The term "one-stop operator" means 1 or more entities

designated or certified under section 2841(d) of this title.

(30) One-stop partner

The term "one-stop partner" means -

(A) an entity described in section 2841(b)(1) of this title;

and

(B) an entity described in section 2841(b)(2) of this title

that is participating, with the approval of the local board and

chief elected official, in the operation of a one-stop delivery

system.

(31) On-the-job training

The term "on-the-job training " means training by an employer

that is provided to a paid participant while engaged in

productive work in a job that -

(A) provides knowledge or skills essential to the full and

adequate performance of the job;

(B) provides reimbursement to the employer of up to 50

percent of the wage rate of the participant, for the

extraordinary costs of providing the training and additional

supervision related to the training; and

(C) is limited in duration as appropriate to the occupation

for which the participant is being trained, taking into account

the content of the training, the prior work experience of the

participant, and the service strategy of the participant, as

appropriate.

(32) Outlying area

The term "outlying area" means the United States Virgin

Islands, Guam, American Samoa, the Commonwealth of the Northern

Mariana Islands, the Republic of the Marshall Islands, the

Federated States of Micronesia, and the Republic of Palau.

(33) Out-of-school youth

The term "out-of-school youth" means -

(A) an eligible youth who is a school dropout; or

(B) an eligible youth who has received a secondary school

diploma or its equivalent but is basic skills deficient,

unemployed, or underemployed.

(34) Participant

The term "participant" means an individual who has been

determined to be eligible to participate in and who is receiving

services (except followup services authorized under this chapter)

under a program authorized by this chapter. Participation shall

be deemed to commence on the first day, following determination

of eligibility, on which the individual began receiving

subsidized employment, training, or other services provided under

this chapter.

(35) Postsecondary educational institution

The term "postsecondary educational institution" means an

institution of higher education, as defined in section 1002 of

title 20.

(36) Poverty line

The term "poverty line" means the poverty line (as defined by

the Office of Management and Budget, and revised annually in

accordance with section 9902(2) of title 42) applicable to a

family of the size involved.

(37) Public assistance

The term "public assistance" means Federal, State, or local

government cash payments for which eligibility is determined by a

needs or income test.

(38) Rapid response activity

The term "rapid response activity" means an activity provided

by a State, or by an entity designated by a State, with funds

provided by the State under section 2864(a)(1)(A) of this title,

in the case of a permanent closure or mass layoff at a plant,

facility, or enterprise, or a natural or other disaster, that

results in mass job dislocation, in order to assist dislocated

workers in obtaining reemployment as soon as possible, with

services including -

(A) the establishment of onsite contact with employers and

employee representatives -

(i) immediately after the State is notified of a current or

projected permanent closure or mass layoff; or

(ii) in the case of a disaster, immediately after the State

is made aware of mass job dislocation as a result of such

disaster;

(B) the provision of information and access to available

employment and training activities;

(C) assistance in establishing a labor-management committee,

voluntarily agreed to by labor and management, with the ability

to devise and implement a strategy for assessing the employment

and training needs of dislocated workers and obtaining services

to meet such needs;

(D) the provision of emergency assistance adapted to the

particular closure, layoff, or disaster; and

(E) the provision of assistance to the local community in

developing a coordinated response and in obtaining access to

State economic development assistance.

(39) School dropout

The term "school dropout" means an individual who is no longer

attending any school and who has not received a secondary school

diploma or its recognized equivalent.

(40) Secondary school

The term "secondary school" has the meaning given the term in

section 7801 of title 20.

(41) Secretary

The term "Secretary" means the Secretary of Labor, and the term

means such Secretary for purposes of section 9273 of title 20.

(42) State

The term "State" means each of the several States of the United

States, the District of Columbia, and the Commonwealth of Puerto

Rico.

(43) State adjusted level of performance

The term "State adjusted level of performance" means a level

described in clause (iii) or (v) of section 2871(b)(3)(A) of this

title.

(44) State board

The term "State board" means a State workforce investment board

established under section 2821 of this title.

(45) State performance measure

The term "State performance measure" means a performance

measure established under section 2871(b) of this title.

(46) Supportive services

The term "supportive services" means services such as

transportation, child care, dependent care, housing, and

needs-related payments, that are necessary to enable an

individual to participate in activities authorized under this

chapter, consistent with the provisions of this chapter.

(47) Unemployed individual

The term "unemployed individual" means an individual who is

without a job and who wants and is available for work. The

determination of whether an individual is without a job shall be

made in accordance with the criteria used by the Bureau of Labor

Statistics of the Department of Labor in defining individuals as

unemployed.

(48) Unit of general local government

The term "unit of general local government" means any general

purpose political subdivision of a State that has the power to

levy taxes and spend funds, as well as general corporate and

police powers.

(49) Veteran; related definition

(A) Veteran

The term "veteran" means an individual who served in the

active military, naval, or air service, and who was discharged

or released from such service under conditions other than

dishonorable.

(B) Recently separated veteran

The term "recently separated veteran" means any veteran who

applies for participation under this chapter within 48 months

after the discharge or release from active military, naval, or

air service.

(50) Vocational education

The term "vocational education" has the meaning given the term

in section 2471 (!2) of title 20.

(51) Workforce investment activity

The term "workforce investment activity" means an employment

and training activity, and a youth activity.

(52) Youth activity

The term "youth activity" means an activity described in

section 2854 of this title that is carried out for eligible youth

(or as described in section 2854(c)(5) of this title).

(53) Youth council

The term "youth council" means a council established under

section 2832(h) of this title.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 101, Aug. 7, 1998, 112 Stat. 939;

Pub. L. 105-244, title I, Sec. 102(d)(1), Oct. 7, 1998, 112 Stat.

1622; Pub. L. 105-332, Sec. 3(f), Oct. 31, 1998, 112 Stat. 3126;

Pub. L. 106-400, Sec. 2, Oct. 30, 2000, 114 Stat. 1675; Pub. L.

107-110, title X, Sec. 1076(w), Jan. 8, 2002, 115 Stat. 2093.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

title" meaning title I of Pub. L. 105-220, Aug. 7, 1998, 112 Stat.

939, as amended, which enacted this chapter, repealed sections 1501

to 1505, 1511 to 1583, 1592 to 1735, 1737 to 1791h, 1792 to 1792b,

2301 to 2314 of this title, section 211 of former Title 40,

Appendix, Public Buildings, Property, and Works, sections 11421,

11441 to 11447, 11449, 11450, 11461 to 11466, 11471, and 11472 of

Title 42, The Public Health and Welfare, and sections 42101 to

42106 of Title 49, Transportation, enacted provisions set out as

notes under sections 1501, 2301, and 2940 of this title and section

11421 of Title 42, and repealed provisions set out as notes under

sections 801 and 2301 of this title and section 1255a of Title 8,

Aliens and Nationality. For complete classification of title I to

the Code, see Tables.

Section 2302 of title 20, referred to in par. (3), defines the

term "area vocational and technical education school" but not the

term "area vocational education school".

The Food Stamp Act of 1977, referred to in par. (25)(C), is Pub.

L. 88-525, Aug. 31, 1964, 78 Stat. 703, as amended, which is

classified generally to chapter 51 (Sec. 2011 et seq.) of Title 7,

Agriculture. For complete classification of this Act to the Code,

see Short Title note set out under section 2011 of Title 7 and

Tables.

This Act, referred to in par. (27)(A), is Pub. L. 105-220, Aug.

7, 1998, 112 Stat. 936, as amended, known as the Workforce

Investment Act of 1998. For complete classification of this Act to

the Code, see Short Title note set out under section 9201 of Title

20, Education, and Tables.

Section 2471 of title 20, referred to in par. (50), was omitted

in the general amendment of chapter 44 (Sec. 2301 et seq.) of Title

20, Education, by Pub. L. 105-332, Sec. 1(b), Oct. 31, 1998, 112

Stat. 3076.

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 1503

of this title prior to repeal by Pub. L. 105-220.

AMENDMENTS

2002 - Pars. (23), (40). Pub. L. 107-110 substituted "section

7801 of title 20" for "section 8801 of title 20".

2000 - Par. (25)(D). Pub. L. 106-400 made technical amendment to

reference in original act which appears in text as reference to

section 11302 of title 42.

1998 - Par. (3). Pub. L. 105-332 substituted "section 2302 of

title 20" for "section 2471 of title 20".

Par. (35). Pub. L. 105-244 substituted "section 1002 of title 20"

for "section 1088 of title 20".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of Title 20, Education.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

DECLARATION OF POLICY

Pub. L. 102-367, title I, Sec. 101(a), Sept. 7, 1992, 106 Stat.

1022, provided that: "In recognition of the training needs of

low-income adults and youth, the Congress declares it to be the

policy of the United States to -

"(1) provide financial assistance to States and local service

delivery areas to meet the training needs of such low-income

adults and youth, and to assist such individuals in obtaining

unsubsidized employment;

"(2) increase the funds available for programs under title II

of the Job Training Partnership Act ([former] 29 U.S.C. 1601 et

seq.) by not less than 10 percent of the baseline each fiscal

year to provide for growth in the percentage of eligible adults

and youth served above the 5 percent of the eligible population

that is currently served; and

"(3) encourage the provision of longer, more comprehensive,

education, training, and employment services to the eligible

population, which also requires increased funding in order to

maintain current service levels."

TRANSITIONAL PROVISIONS

For provisions relating to transition from authority under the

Job Training Partnership Act (29 U.S.C. 1501 et seq.) to the

workforce investment systems established under this chapter,

including provisions relating to regulations, expenditures, and

reorganization of functions in the Department of Labor, see section

9276 of Title 20, Education.

-EXEC-

EXECUTIVE ORDER NO. 13174

Ex. Ord. No. 13174, Oct. 27, 2000, 65 F.R. 65705, which

established the Commission on Workers, Communities, and Economic

Change in the New Economy, was revoked by Ex. Ord. No. 13218, Sec.

3(b), June 20, 2001, 66 F.R. 33629, set out below.

EX. ORD. NO. 13218. 21ST CENTURY WORKFORCE INITIATIVE

Ex. Ord. No. 13218, June 20, 2001, 66 F.R. 33627, provided:

By the authority vested in me as President by the Constitution

and laws of the United States of America, including the Federal

Advisory Committee Act, as amended (5 U.S.C. App.), and in order to

promote the study and the development of strategies to address the

needs of the 21st century workforce, it is hereby ordered as

follows:

Section 1. Establishment of the Office of the 21st Century

Workforce. (a) The Secretary of Labor is hereby directed to

establish within the Department of Labor the Office of the 21st

Century Workforce. The Office shall provide a focal point for the

identification and study of issues relating to the workforce of the

United States and the development of strategies for effectively

addressing such issues.

(b) The Office of the 21st Century Workforce shall gather and

disseminate information relating to workforce issues by conducting

summits, conferences, field hearings, meetings, and other

appropriate forums designed to encourage the participation of

organizations and individuals interested in such issues, including

business and labor organizations, academicians, employers,

employees, and public officials at the local, State, and Federal

levels.

(c) Among the issues to be addressed by the Office of the 21st

Century Workforce shall be the identification of the ways in which

the Department of Labor may streamline and update the information

and services made available to the workforce by the Department;

eliminate duplicative or overlapping rules and regulations; and

eliminate statutory and regulatory barriers to assisting the

workforce in successfully adapting to the challenges of the 21st

century.

Sec. 2. Establishment of the Council on the 21st Century

Workforce.

(a) Establishment and Composition of the Council.

(i) There is hereby established the "President's Council on the

21st Century Workforce" (Council).

(ii) The Council shall be composed of not more than 13 members

who shall be appointed by the President. The membership shall

include individuals who represent the views of business and labor

organizations, Federal, State, and local governments,

academicians and educators, and such other associations and

entities as the President determines are appropriate. In

addition, the Secretary of Labor and the Director of the Office

of Personnel Management shall serve as ex officio members

representing the views of the Federal Government. The Secretary

of Labor shall be the Chairperson of the Council.

(b) Functions of the Council. The Council shall provide

information and advice to the President through the Secretary of

Labor, the Office of the 21st Century Workforce within the

Department of Labor, and other appropriate Federal officials

relating to issues affecting the 21st century workforce. These

activities shall include:

(i) assessing the effects of rapid technological changes,

demographic trends, globalization, changes in work processes, and

the need for new and enhanced skills for workers, employers, and

other related sectors of society;

(ii) examining current and alternative approaches to assisting

workers and employers in adjusting to and benefitting from such

changes, including opportunities for workplace education,

retraining, access to assistive technologies and workplace

supports, and skills upgrading;

(iii) identifying impediments to the adjustment to such changes

by workers and employers and recommending approaches and policies

that could remove those impediments;

(iv) assisting the Office of the 21st Century Workforce in

reviewing programs carried out by the Department of Labor and

identifying changes to such programs that would stream line [sic]

and update their effectiveness in meeting the needs of the

workforce; and

(v) analyzing such additional issues relating to the workforce

and making such reports as the President or the Secretary of

Labor may request.

(c) Administration of the Council.

(i) The Council shall meet on the call of the Chairperson, at a

time and place designated by the Chairperson. The Chairperson may

form subcommittees or working groups within the Council to

address particular matters.

(ii) The Council may from time to time prescribe such

procedures and policies relating to the activities of the Council

as are not inconsistent with law or with the provisions of this

order.

(iii) Each member of the Council who is not an officer or

employee of the Federal Government shall serve without

compensation but shall be allowed travel expenses, including per

diem in lieu of subsistence, as authorized by law for persons

serving intermittently in Federal service (5 U.S.C. 5701-5707).

(iv) The Department of Labor shall make available appropriate

funding and administrative support to assist the Council in

carrying out the functions under this section, including

necessary office space, equipment, supplies, staff, and services.

The Secretary of Labor shall perform the functions of the

President under the Federal Advisory Committee Act (5 U.S.C.

App.), as amended, except that of reporting to the Congress, with

respect to the Council in accordance with the guidelines and

procedures established by the Administrator of General Services.

(v) The heads of executive agencies shall, to the extent

permitted by law, provide the Council with such information as it

may require for purposes of carrying out the functions described

in this section.

(d) Termination of the Council. The Council shall terminate 2

years from the date of this order unless extended by the President

prior to such date.

Sec. 3. Effect on Prior Orders.

(a) [Amended Ex. Ord. No. 13111, 5 U.S.C. 4103 note.]

(b) Revocation of Executive Order 13174. Executive Order 13174 of

October 27, 2000, relating to the establishment of the Commission

on Workers, Communities, and Economic Change in the New Economy, is

revoked.

George W. Bush.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 705 of this title; title

19 section 2271; title 20 sections 9202, 9272; title 42 sections

603, 9908.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) See References in Text note below.

-End-

-CITE-

29 USC SUBCHAPTER II - STATEWIDE AND LOCAL WORKFORCE

INVESTMENT SYSTEMS 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER II - STATEWIDE AND LOCAL WORKFORCE INVESTMENT SYSTEMS

-HEAD-

SUBCHAPTER II - STATEWIDE AND LOCAL WORKFORCE INVESTMENT SYSTEMS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 2916, 2918, 2931,

2934, 2939, 2944 of this title; title 42 sections 1320b-19,

1320b-20, 3056, 4959.

-End-

-CITE-

29 USC Sec. 2811 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER II - STATEWIDE AND LOCAL WORKFORCE INVESTMENT SYSTEMS

-HEAD-

Sec. 2811. Purpose

-STATUTE-

The purpose of this subchapter is to provide workforce investment

activities, through statewide and local workforce investment

systems, that increase the employment, retention, and earnings of

participants, and increase occupational skill attainment by

participants, and, as a result, improve the quality of the

workforce, reduce welfare dependency, and enhance the productivity

and competitiveness of the Nation.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 106, Aug. 7, 1998, 112 Stat. 945.)

-End-

-CITE-

29 USC Part A - State Provisions 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER II - STATEWIDE AND LOCAL WORKFORCE INVESTMENT SYSTEMS

Part A - State Provisions

-HEAD-

PART A - STATE PROVISIONS

-End-

-CITE-

29 USC Sec. 2821 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER II - STATEWIDE AND LOCAL WORKFORCE INVESTMENT SYSTEMS

Part A - State Provisions

-HEAD-

Sec. 2821. State workforce investment boards

-STATUTE-

(a) In general

The Governor of a State shall establish a State workforce

investment board to assist in the development of the State plan

described in section 2822 of this title and to carry out the other

functions described in subsection (d) of this section.

(b) Membership

(1) In general

The State Board shall include -

(A) the Governor;

(B) 2 members of each chamber of the State legislature,

appointed by the appropriate presiding officers of each such

chamber; and

(C) representatives appointed by the Governor, who are -

(i) representatives of business in the State, who -

(I) are owners of businesses, chief executives or

operating officers of businesses, and other business

executives or employers with optimum policymaking or hiring

authority, including members of local boards described in

section 2832(b)(2)(A)(i) of this title;

(II) represent businesses with employment opportunities

that reflect the employment opportunities of the State; and

(III) are appointed from among individuals nominated by

State business organizations and business trade

associations;

(ii) chief elected officials (representing both cities and

counties, where appropriate);

(iii) representatives of labor organizations, who have been

nominated by State labor federations;

(iv) representatives of individuals and organizations that

have experience with respect to youth activities;

(v) representatives of individuals and organizations that

have experience and expertise in the delivery of workforce

investment activities, including chief executive officers of

community colleges and community-based organizations within

the State;

(vi)(I) the lead State agency officials with responsibility

for the programs and activities that are described in section

2841(b) of this title and carried out by one-stop partners;

and

(II) in any case in which no lead State agency official has

responsibility for such a program, service, or activity, a

representative in the State with expertise relating to such

program, service, or activity; and

(vii) such other representatives and State agency officials

as the Governor may designate, such as the State agency

officials responsible for economic development and juvenile

justice programs in the State.

(2) Authority and regional representation of board members

Members of the board that represent organizations, agencies, or

other entities shall be individuals with optimum policymaking

authority within the organizations, agencies, or entities. The

members of the board shall represent diverse regions of the

State, including urban, rural, and suburban areas.

(3) Majority

A majority of the members of the State Board shall be

representatives described in paragraph (1)(C)(i).

(c) Chairperson

The Governor shall select a chairperson for the State Board from

among the representatives described in subsection (b)(1)(C)(i) of

this section.

(d) Functions

The State Board shall assist the Governor in -

(1) development of the State plan;

(2) development and continuous improvement of a statewide

system of activities that are funded under this subchapter or

carried out through a one-stop delivery system described in

section 2864(c) of this title that receives funds under this

subchapter (referred to in this chapter as a "statewide workforce

investment system"), including -

(A) development of linkages in order to assure coordination

and nonduplication among the programs and activities described

in section 2841(b) of this title; and

(B) review of local plans;

(3) commenting at least once annually on the measures taken

pursuant to section 2323(b)(14) (!1) of title 20;

(4) designation of local areas as required in section 2831 of

this title;

(5) development of allocation formulas for the distribution of

funds for adult employment and training activities and youth

activities to local areas as permitted under sections

2853(b)(3)(B) and 2863(b)(3)(B) of this title;

(6) development and continuous improvement of comprehensive

State performance measures, including State adjusted levels of

performance, to assess the effectiveness of the workforce

investment activities in the State as required under section

2871(b) of this title;

(7) preparation of the annual report to the Secretary described

in section 2871(d) of this title;

(8) development of the statewide employment statistics system

described in section 49l-2(e) of this title; and

(9) development of an application for an incentive grant under

section 9273 of title 20.

(e) Alternative entity

(1) In general

For purposes of complying with subsections (a), (b), and (c) of

this section, a State may use any State entity (including a State

council, State workforce development board, combination of

regional workforce development boards, or similar entity) that -

(A) was in existence on December 31, 1997;

(B)(i) was established pursuant to section 122 or title VII

of the Job Training Partnership Act, as in effect on December

31, 1997; or

(ii) is substantially similar to the State board described in

subsections (a), (b), and (c) of this section; and

(C) includes representatives of business in the State and

representatives of labor organizations in the State.

(2) References

References in this Act to a State board shall be considered to

include such an entity.

(f) Conflict of interest

A member of a State board may not -

(1) vote on a matter under consideration by the State board -

(A) regarding the provision of services by such member (or by

an entity that such member represents); or

(B) that would provide direct financial benefit to such

member or the immediate family of such member; or

(2) engage in any other activity determined by the Governor to

constitute a conflict of interest as specified in the State plan.

(g) Sunshine provision

The State board shall make available to the public, on a regular

basis through open meetings, information regarding the activities

of the State board, including information regarding the State plan

prior to submission of the plan, information regarding membership,

and, on request, minutes of formal meetings of the State board.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 111, Aug. 7, 1998, 112 Stat. 945;

Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 401(1)],

Oct. 21, 1998, 112 Stat. 2681-337, 2681-411.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (d)(2), was in the original

"this title" meaning title I of Pub. L. 105-220, Aug. 7, 1998, 112

Stat. 939, as amended, which enacted this chapter, repealed

sections 1501 to 1505, 1511 to 1583, 1592 to 1735, 1737 to 1791h,

1792 to 1792b, 2301 to 2314 of this title, section 211 of former

Title 40, Appendix, Public Buildings, Property, and Works, sections

11421, 11441 to 11447, 11449, 11450, 11461 to 11466, 11471, and

11472 of Title 42, The Public Health and Welfare, and sections

42101 to 42106 of Title 49, Transportation, enacted provisions set

out as notes under sections 1501, 2301, and 2940 of this title and

section 11421 of Title 42, and repealed provisions set out as notes

under sections 801 and 2301 of this title and section 1255a of

Title 8, Aliens and Nationality. For complete classification of

title I to the Code, see Tables.

Section 2323(b)(14) of title 20, referred to in subsec. (d)(3),

was omitted in the general amendment of chapter 44 (Sec. 2301 et

seq.) of Title 20, Education, by Pub. L. 105-332, Sec. 1(b), Oct.

31, 1998, 112 Stat. 3076.

The Job Training Partnership Act, referred to in subsec.

(e)(1)(B)(i), is Pub. L. 97-300, Oct. 13, 1982, 96 Stat. 1322, as

amended. Section 122 and title VII of the Act were classified to

section 1532 and subchapter VI (Sec. 1792 et seq.) of chapter 19 of

this title, respectively, prior to repeal by Pub. L. 105-220, title

I, Sec. 199(b)(2), (c)(2)(B), Aug. 7, 1998, 112 Stat. 1059,

effective July 1, 2000. For complete classification of this Act to

the Code, see Tables.

This Act, referred to in subsec. (e)(2), is Pub. L. 105-220, Aug.

7, 1998, 112 Stat. 936, as amended, known as the Workforce

Investment Act of 1998. For complete classification of this Act to

the Code, see Short Title note set out under section 9201 of Title

20, Education, and Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (c). Pub. L. 105-277 substituted "Chairperson" for

"Chairman" in heading.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 705, 2801, 2822 of this

title; title 20 section 2341.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

29 USC Sec. 2822 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER II - STATEWIDE AND LOCAL WORKFORCE INVESTMENT SYSTEMS

Part A - State Provisions

-HEAD-

Sec. 2822. State plan

-STATUTE-

(a) In general

For a State to be eligible to receive an allotment under section

2852 or 2862 of this title, or to receive financial assistance

under the Wagner-Peyser Act (29 U.S.C. 49 et seq.), the Governor of

the State shall submit to the Secretary for consideration by the

Secretary, a single State plan (referred to in this chapter as the

"State plan") that outlines a 5-year strategy for the statewide

workforce investment system of the State and that meets the

requirements of section 2821 of this title and this section.

(b) Contents

The State plan shall include -

(1) a description of the State board, including a description

of the manner in which such board collaborated in the development

of the State plan and a description of how the board will

continue to collaborate in carrying out the functions described

in section 2821(d) of this title;

(2) a description of State-imposed requirements for the

statewide workforce investment system;

(3) a description of the State performance accountability

system developed for the workforce investment activities to be

carried out through the statewide workforce investment system,

that includes information identifying State performance measures

as described in section 2871(b)(3)(A)(ii) of this title;

(4) information describing -

(A) the needs of the State with regard to current and

projected employment opportunities, by occupation;

(B) the job skills necessary to obtain such employment

opportunities;

(C) the skills and economic development needs of the State;

and

(D) the type and availability of workforce investment

activities in the State;

(5) an identification of local areas designated in the State,

including a description of the process used for the designation

of such areas;

(6) an identification of criteria to be used by chief elected

officials for the appointment of members of local boards based on

the requirements of section 2832 of this title;

(7) the detailed plans required under section 8 of the

Wagner-Peyser Act (29 U.S.C. 49g);

(8)(A) a description of the procedures that will be taken by

the State to assure coordination of and avoid duplication among -

(i) workforce investment activities authorized under this

chapter;

(ii) other activities authorized under this chapter;

(iii) programs authorized under the Wagner-Peyser Act (29

U.S.C. 49 et seq.), title II of this Act [20 U.S.C. 9201 et

seq.], title I of the Rehabilitation Act of 1973 (29 U.S.C. 720

et seq.), part A of title IV of the Social Security Act (42

U.S.C. 601 et seq.), and section 6(d)(4) of the Food Stamp Act

of 1977 (7 U.S.C. 2015(d)(4)), activities authorized under

title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et

seq.), and postsecondary vocational education activities

authorized under the Carl D. Perkins Vocational and Applied

Technology Education Act (20 U.S.C. 2301 et seq.);

(iv) work programs authorized under section 6(o) of the Food

Stamp Act of 1977 (7 U.S.C. 2015(o));

(v) activities authorized under chapter 2 of title II of the

Trade Act of 1974 (19 U.S.C. 2271 et seq.);

(vi) activities authorized under chapter 41 of title 38;

(vii) employment and training activities carried out under

the Community Services Block Grant Act (42 U.S.C. 9901 et

seq.);

(viii) activities authorized under the National and Community

Service Act of 1990 (42 U.S.C. 12501 et seq.);

(ix) employment and training activities carried out by the

Department of Housing and Urban Development; and

(x) programs authorized under State unemployment compensation

laws (in accordance with applicable Federal law); and

(B) a description of the common data collection and reporting

processes used for the programs and activities described in

subparagraph (A);

(9) a description of the process used by the State, consistent

with section 2821(g) of this title, to provide an opportunity for

public comment, including comment by representatives of

businesses and representatives of labor organizations, and input

into development of the plan, prior to submission of the plan;

(10) information identifying how the State will use funds the

State receives under this subchapter to leverage other Federal,

State, local, and private resources, in order to maximize the

effectiveness of such resources, and to expand the participation

of business, employees, and individuals in the statewide

workforce investment system;

(11) assurances that the State will provide, in accordance with

section 2934 of this title for fiscal control and fund accounting

procedures that may be necessary to ensure the proper

disbursement of, and accounting for, funds paid to the State

through the allotments made under sections 2852 and 2862 of this

title;

(12)(A) a description of the methods and factors the State will

use in distributing funds to local areas for youth activities and

adult employment and training activities under sections

2853(b)(3)(B) and 2863(b)(3)(B) of this title, including -

(i) a description of how the individuals and entities

represented on the State board were involved in determining

such methods and factors of distribution; and

(ii) a description of how the State consulted with chief

elected officials in local areas throughout the State in

determining such distribution;

(B) assurances that the funds will be distributed equitably

throughout the State, and that no local areas will suffer

significant shifts in funding from year to year; and

(C) a description of the formula prescribed by the Governor

pursuant to section 2863(b)(2)(B) of this title for the

allocation of funds to local areas for dislocated worker

employment and training activities;

(13) information specifying the actions that constitute a

conflict of interest prohibited in the State for purposes of

sections 2821(f) and 2832(g) of this title;

(14) with respect to the one-stop delivery systems described in

section 2864(c) of this title (referred to individually in this

chapter as a "one-stop delivery system"), a description of the

strategy of the State for assisting local areas in development

and implementation of fully operational one-stop delivery systems

in the State;

(15) a description of the appeals process referred to in

section 2831(a)(5) of this title;

(16) a description of the competitive process to be used by the

State to award grants and contracts in the State for activities

carried out under this chapter;

(17) with respect to the employment and training activities

authorized in section 2864 of this title -

(A) a description of -

(i) the employment and training activities that will be

carried out with the funds received by the State through the

allotment made under section 2862 of this title;

(ii) how the State will provide rapid response activities

to dislocated workers from funds reserved under section

2863(a)(2) of this title for such purposes, including the

designation of an identifiable State rapid response

dislocated worker unit to carry out statewide rapid response

activities;

(iii) the procedures the local boards in the State will use

to identify eligible providers of training services described

in section 2864(d)(4) of this title (other than on-the-job

training or customized training), as required under section

2842 of this title; and

(iv) how the State will serve the employment and training

needs of dislocated workers (including displaced homemakers),

low-income individuals (including recipients of public

assistance), individuals training for nontraditional

employment, and other individuals with multiple barriers to

employment (including older individuals and individuals with

disabilities); and

(B) an assurance that veterans will be afforded the

employment and training activities by the State, to the extent

practicable; and

(18) with respect to youth activities authorized in section

2854 of this title, information -

(A) describing the State strategy for providing comprehensive

services to eligible youth, particularly those eligible youth

who are recognized as having significant barriers to

employment;

(B) identifying the criteria to be used by local boards in

awarding grants for youth activities, including criteria that

the Governor and local boards will use to identify effective

and ineffective youth activities and providers of such

activities;

(C) describing how the State will coordinate the youth

activities carried out in the State under section 2854 of this

title with the services provided by Job Corps centers in the

State (where such centers exist); and

(D) describing how the State will coordinate youth activities

described in subparagraph (C) with activities carried out

through the youth opportunity grants under section 2914 of this

title.

(c) Plan submission and approval

A State plan submitted to the Secretary under this section by a

Governor shall be considered to be approved by the Secretary at the

end of the 90-day period beginning on the day the Secretary

receives the plan, unless the Secretary makes a written

determination, during the 90-day period, that -

(1) the plan is inconsistent with the provisions of this

chapter; or

(2) in the case of the portion of the plan described in section

8(a) of the Wagner-Peyser Act (29 U.S.C. 49g(a)), the portion

does not satisfy the criteria for approval provided in section

8(d) of such Act.

(d) Modifications to plan

A State may submit modifications to a State plan in accordance

with the requirements of this section and section 2821 of this

title as necessary during the 5-year period covered by the plan.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 112, Aug. 7, 1998, 112 Stat. 948;

Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 401(2)],

Oct. 21, 1998, 112 Stat. 2681-337, 2681-411.)

-REFTEXT-

REFERENCES IN TEXT

The Wagner-Peyser Act, referred to in subsecs. (a) and

(b)(8)(A)(iii), is act June 6, 1933, ch. 49, 48 Stat. 113, as

amended, which is classified generally to chapter 4B (Sec. 49 et

seq.) of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 49 of this title

and Tables.

Title II of this Act, referred to in subsec. (b)(8)(A)(iii), 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 chapter 73 of Title 20, Education. For complete classification

of this Act to the Code, see Short Title note set out under section

9201 of Title 20 and Tables.

The Rehabilitation Act of 1973, referred to in subsec.

(b)(8)(A)(iii), is Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as

amended. Title I of the Act is classified generally to subchapter I

(Sec. 720 et seq.) of chapter 16 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 701 of this title and Tables.

The Social Security Act, referred to in subsec. (b)(8)(A)(iii),

is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of

title IV of the Act is classified generally to part A (Sec. 601 et

seq.) of subchapter IV of chapter 7 of Title 42, The Public Health

and Welfare. For complete classification of this Act to the Code,

see section 1305 of Title 42 and Tables.

The Older Americans Act of 1965, referred to in subsec.

(b)(8)(A)(iii), is Pub. L. 89-73, July 14, 1965, 79 Stat. 218, as

amended. Title V of the Act, known as the Older American Community

Service Employment Act, is classified generally to subchapter IX

(Sec. 3056 et seq.) of chapter 35 of Title 42, The Public Health

and Welfare. For complete classification of this Act to the Code,

see Short Title note set out under section 3001 of Title 42 and

Tables.

The Carl D. Perkins Vocational and Applied Technology Education

Act, referred to in subsec. (b)(8)(A)(iii), is Pub. L. 88-210, Dec.

18, 1963, 77 Stat. 403, as amended, which was classified generally

to chapter 44 (Sec. 2301 et seq.) of Title 20, Education, prior to

being amended generally and renamed the Carl D. Perkins Vocational

and Technical Education Act of 1998 by Pub. L. 105-332, Sec. 1(b),

Oct. 31, 1998, 112 Stat. 3076. For complete classification of Pub.

L. 88-210 to the Code, see Short Title note set out under section

2301 of Title 20 and Tables.

The Trade Act of 1974, referred to in subsec. (b)(8)(A)(v), is

Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as amended. Chapter 2

of title II of the Act is classified generally to part 2 (Sec. 2271

et seq.) of subchapter II of chapter 12 of Title 19, Customs

Duties. For complete classification of this Act to the Code, see

section 2101 of Title 19 and Tables.

The Community Services Block Grant Act, referred to in subsec.

(b)(8)(A)(vii), is subtitle B (Secs. 671-683) of title VI of Pub.

L. 97-35, Aug. 13, 1981, 95 Stat. 511, as amended, which is

classified generally to chapter 106 (Sec. 9901 et seq.) of Title

42, The Public Health and Welfare. For complete classification of

this Act to the Code, see Short Title note set out under section

9901 of Title 42 and Tables.

The National and Community Service Act of 1990, referred to in

subsec. (b)(8)(A)(viii), is Pub. L. 101-610, Nov. 16, 1990, 104

Stat. 3127, as amended, which is classified principally to chapter

129 (Sec. 12501 et seq.) of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

Short Title note set out under section 12501 of Title 42 and

Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (c)(1). Pub. L. 105-277 substituted "; or" for ";

and".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 49g, 721, 2821, 2831,

2851, 2861, 2871, 2944 of this title; title 19 section 2311; title

20 section 2342; title 38 section 4110B; title 42 section 3056.

-End-

-CITE-

29 USC Part B - Local Provisions 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER II - STATEWIDE AND LOCAL WORKFORCE INVESTMENT SYSTEMS

Part B - Local Provisions

-HEAD-

PART B - LOCAL PROVISIONS

-End-

-CITE-

29 USC Sec. 2831 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER II - STATEWIDE AND LOCAL WORKFORCE INVESTMENT SYSTEMS

Part B - Local Provisions

-HEAD-

Sec. 2831. Local workforce investment areas

-STATUTE-

(a) Designation of areas

(1) In general

(A) Process

Except as provided in subsection (b) of this section, and

consistent with paragraphs (2), (3), and (4), in order for a

State to receive an allotment under section 2852 or 2862 of

this title, the Governor of the State shall designate local

workforce investment areas within the State -

(i) through consultation with the State board; and

(ii) after consultation with chief elected officials and

after consideration of comments received through the public

comment process as described in section 2822(b)(9) of this

title.

(B) Considerations

In making the designation of local areas, the Governor shall

take into consideration the following:

(i) Geographic areas served by local educational agencies

and intermediate educational agencies.

(ii) Geographic areas served by postsecondary educational

institutions and area vocational education schools.

(iii) The extent to which such local areas are consistent

with labor market areas.

(iv) The distance that individuals will need to travel to

receive services provided in such local areas.

(v) The resources of such local areas that are available to

effectively administer the activities carried out under this

subchapter.

(2) Automatic designation

The Governor shall approve any request for designation as a

local area -

(A) from any unit of general local government with a

population of 500,000 or more;

(B) of the area served by a rural concentrated employment

program grant recipient of demonstrated effectiveness that

served as a service delivery area or substate area under the

Job Training Partnership Act, if the grant recipient has

submitted the request; and

(C) of an area that served as a service delivery area under

section 101(a)(4)(A)(ii) of the Job Training Partnership Act

(as in effect on the day before August 7, 1998) in a State that

has a population of not more than 1,100,000 and a population

density greater than 900 persons per square mile.

(3) Temporary and subsequent designation

(A) Criteria

Notwithstanding paragraph (2)(A), the Governor shall approve

any request, made not later than the date of submission of the

initial State plan under this subchapter, for temporary

designation as a local area from any unit of general local

government (including a combination of such units) with a

population of 200,000 or more that was a service delivery area

under the Job Training Partnership Act on the day before August

7, 1998, if the Governor determines that the area -

(i) performed successfully, in each of the last 2 years

prior to the request for which data are available, in the

delivery of services to participants under part A of title II

and title III of the Job Training Partnership Act (as in

effect on such day); and

(ii) has sustained the fiscal integrity of the funds used

by the area to carry out activities under such part and

title.

(B) Duration and subsequent designation

A temporary designation under this paragraph shall be for a

period of not more than 2 years, after which the designation

shall be extended until the end of the period covered by the

State plan if the Governor determines that, during the

temporary designation period, the area substantially met (as

defined by the State board) the local performance measures for

the local area and sustained the fiscal integrity of the funds

used by the area to carry out activities under this subchapter.

(C) Technical assistance

The Secretary shall provide the States with technical

assistance in making the determinations required by this

paragraph. The Secretary shall not issue regulations governing

determinations to be made under this paragraph.

(D) Performed successfully

In this paragraph, the term "performed successfully" means

that the area involved met or exceeded the performance

standards for activities administered in the area that -

(i) are established by the Secretary for each year and

modified by the adjustment methodology of the State (used to

account for differences in economic conditions, participant

characteristics, and combination of services provided from

the combination assumed for purposes of the established

standards of the Secretary); and

(ii)(I) if the area was designated as both a service

delivery area and a substate area under the Job Training

Partnership Act (as in effect on the day before August 7,

1998) -

(aa) relate to job retention and earnings, with respect

to activities carried out under part A of title II of such

Act (as in effect on such day); and

(bb) relate to entry into employment, with respect to

activities carried out under title III of such Act (as in

effect on such day);

(II) if the area was designated only as a service delivery

area under such Act (as in effect on such day), relate to the

standards described in subclause (I)(aa); or

(III) if the area was only designated as a substate area

under such Act (as in effect on such day), relate to the

standards described in subclause (I)(bb).

(E) Sustained the fiscal integrity

In this paragraph, the term "sustained the fiscal integrity",

used with respect to funds used by a service delivery area or

local area, means that the Secretary has not made a final

determination during any of the last 3 years for which data are

available, prior to the date of the designation request

involved, that either the grant recipient or the administrative

entity of the area misexpended the funds due to willful

disregard of the requirements of the Act involved, gross

negligence, or failure to observe accepted standards of

administration.

(4) Designation on recommendation of State board

The Governor may approve a request from any unit of general

local government (including a combination of such units) for

designation (including temporary designation) as a local area if

the State board determines, taking into account the factors

described in clauses (i) through (v) of paragraph (1)(B), and

recommends to the Governor, that such area should be so

designated.

(5) Appeals

A unit of general local government (including a combination of

such units) or grant recipient that requests but is not granted

designation of an area as a local area under paragraph (2) or (3)

may submit an appeal to the State board under an appeal process

established in the State plan. If the appeal does not result in

such a designation, the Secretary, after receiving a request for

review from the unit or grant recipient and on determining that

the unit or grant recipient was not accorded procedural rights

under the appeal process established in the State plan or that

the area meets the requirements of paragraph (2) or (3), as

appropriate, may require that the area be designated as a local

area under such paragraph.

(b) Small States

The Governor of any State that was a single State service

delivery area under the Job Training Partnership Act as of July 1,

1998, may designate the State as a single State local area for the

purposes of this chapter. In the case of such a designation, the

Governor shall identify the State as a local area under section

2822(b)(5) of this title.

(c) Regional planning and cooperation

(1) Planning

As part of the process for developing the State plan, a State

may require regional planning by local boards for a designated

region in the State. The State may require the local boards for a

designated region to participate in a regional planning process

that results in the establishment of regional performance

measures for workforce investment activities authorized under

this subchapter. The State may award regional incentive grants to

the designated regions that meet or exceed the regional

performance measures.

(2) Information sharing

The State may require the local boards for a designated region

to share, in feasible cases, employment statistics, information

about employment opportunities and trends, and other types of

information that would assist in improving the performance of all

local areas in the designated region on local performance

measures.

(3) Coordination of services

The State may require the local boards for a designated region

to coordinate the provision of workforce investment activities

authorized under this subchapter, including the provision of

transportation and other supportive services, so that services

provided through the activities may be provided across the

boundaries of local areas within the designated region.

(4) Interstate regions

Two or more States that contain an interstate region that is a

labor market area, economic development region, or other

appropriate contiguous subarea of the States may designate the

area as a designated region for purposes of this subsection, and

jointly exercise the State functions described in paragraphs (1)

through (3).

(5) Definitions

In this subsection:

(A) Designated region

The term "designated region" means a combination of local

areas that are partly or completely in a single labor market

area, economic development region, or other appropriate

contiguous subarea of a State, that is designated by the State,

except as provided in paragraph (4).

(B) Local board for a designated region

The term "local board for a designated region" means a local

board for a local area in a designated region.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 116, Aug. 7, 1998, 112 Stat. 951;

Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 401(3)],

Oct. 21, 1998, 112 Stat. 2681-337, 2681-411.)

-REFTEXT-

REFERENCES IN TEXT

The Job Training Partnership Act, referred to in subsecs.

(a)(2)(B), (C), (3) and (b), is Pub. L. 97-300, Oct. 13, 1982, 96

Stat. 1322, as amended, which was classified generally to chapter

19 (Sec. 1501 et seq.) of this title, prior to repeal by Pub. L.

105-220, title I, Sec. 199(b)(2), (c)(2)(B), Aug. 7, 1998, 112

Stat. 1059. Part A of title II and title III of the Act were

classified generally to part A (Sec. 1601 et seq.) of subchapter II

and subchapter III (Sec. 1651 et seq.), respectively, of chapter 19

of this title, prior to repeal by Pub. L. 105-220. Section 101 of

the Act was classified to section 1511 of this title, prior to

repeal by Pub. L. 105-220. For complete classification of this Act

to the Code, see Tables.

This chapter, referred to in subsec. (b), was in the original

"this title" meaning title I of Pub. L. 105-220, Aug. 7, 1998, 112

Stat. 939, as amended, which enacted this chapter, repealed

sections 1501 to 1505, 1511 to 1583, 1592 to 1735, 1737 to 1791h,

1792 to 1792b, 2301 to 2314 of this title, section 211 of former

Title 40, Appendix, Public Buildings, Property, and Works, sections

11421, 11441 to 11447, 11449, 11450, 11461 to 11466, 11471, and

11472 of Title 42, The Public Health and Welfare, and sections

42101 to 42106 of Title 49, Transportation, enacted provisions set

out as notes under sections 1501, 2301, and 2940 of this title and

section 11421 of Title 42, and repealed provisions set out as notes

under sections 801 and 2301 of this title and section 1255a of

Title 8, Aliens and Nationality. For complete classification of

title I to the Code, see Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(3)(D)(ii)(I)(aa). Pub. L. 105-277 substituted

"; and" for "; or".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2801, 2821, 2822, 2832,

2852, 2853, 2862, 2863, 2864, 2916a, 2939 of this title.

-End-

-CITE-

29 USC Sec. 2832 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER II - STATEWIDE AND LOCAL WORKFORCE INVESTMENT SYSTEMS

Part B - Local Provisions

-HEAD-

Sec. 2832. Local workforce investment boards

-STATUTE-

(a) Establishment

There shall be established in each local area of a State, and

certified by the Governor of the State, a local workforce

investment board, to set policy for the portion of the statewide

workforce investment system within the local area (referred to in

this chapter as a "local workforce investment system").

(b) Membership

(1) State criteria

The Governor of the State, in partnership with the State board,

shall establish criteria for use by chief elected officials in

the local areas for appointment of members of the local boards in

such local areas in accordance with the requirements of paragraph

(2).

(2) Composition

Such criteria shall require, at a minimum, that the membership

of each local board -

(A) shall include -

(i) representatives of business in the local area, who -

(I) are owners of businesses, chief executives or

operating officers of businesses, and other business

executives or employers with optimum policymaking or hiring

authority;

(II) represent businesses with employment opportunities

that reflect the employment opportunities of the local

area; and

(III) are appointed from among individuals nominated by

local business organizations and business trade

associations;

(ii) representatives of local educational entities,

including representatives of local educational agencies,

local school boards, entities providing adult education and

literacy activities, and postsecondary educational

institutions (including representatives of community

colleges, where such entities exist), selected from among

individuals nominated by regional or local educational

agencies, institutions, or organizations representing such

local educational entities;

(iii) representatives of labor organizations (for a local

area in which employees are represented by labor

organizations), nominated by local labor federations, or (for

a local area in which no employees are represented by such

organizations), other representatives of employees;

(iv) representatives of community-based organizations

(including organizations representing individuals with

disabilities and veterans, for a local area in which such

organizations are present);

(v) representatives of economic development agencies,

including private sector economic development entities; and

(vi) representatives of each of the one-stop partners; and

(B) may include such other individuals or representatives of

entities as the chief elected official in the local area may

determine to be appropriate.

(3) Authority of board members

Members of the board that represent organizations, agencies, or

other entities shall be individuals with optimum policymaking

authority within the organizations, agencies, or entities.

(4) Majority

A majority of the members of the local board shall be

representatives described in paragraph (2)(A)(i).

(5) Chairperson

The local board shall elect a chairperson for the local board

from among the representatives described in paragraph (2)(A)(i).

(c) Appointment and certification of board

(1) Appointment of board members and assignment of

responsibilities

(A) In general

The chief elected official in a local area is authorized to

appoint the members of the local board for such area, in

accordance with the State criteria established under subsection

(b) of this section.

(B) Multiple units of local government in area

(i) In general

In a case in which a local area includes more than 1 unit

of general local government, the chief elected officials of

such units may execute an agreement that specifies the

respective roles of the individual chief elected officials -

(I) in the appointment of the members of the local board

from the individuals nominated or recommended to be such

members in accordance with the criteria established under

subsection (b) of this section; and

(II) in carrying out any other responsibilities assigned

to such officials under this subchapter.

(ii) Lack of agreement

If, after a reasonable effort, the chief elected officials

are unable to reach agreement as provided under clause (i),

the Governor may appoint the members of the local board from

individuals so nominated or recommended.

(C) Concentrated employment programs

In the case of a local area designated in accordance with

section 2831(a)(2)(B) of this title, the governing body of the

concentrated employment program involved shall act in

consultation with the chief elected official in the local area

to appoint members of the local board, in accordance with the

State criteria established under subsection (b) of this

section, and to carry out any other responsibility relating to

workforce investment activities assigned to such official under

this Act.

(2) Certification

(A) In general

The Governor shall, once every 2 years, certify 1 local board

for each local area in the State.

(B) Criteria

Such certification shall be based on criteria established

under subsection (b) of this section and, for a second or

subsequent certification, the extent to which the local board

has ensured that workforce investment activities carried out in

the local area have enabled the local area to meet the local

performance measures.

(C) Failure to achieve certification

Failure of a local board to achieve certification shall

result in reappointment and certification of another local

board for the local area pursuant to the process described in

paragraph (1) and this paragraph.

(3) Decertification

(A) Fraud, abuse, failure to carry out functions

Notwithstanding paragraph (2), the Governor may decertify a

local board, at any time after providing notice and an

opportunity for comment, for -

(i) fraud or abuse; or

(ii) failure to carry out the functions specified for the

local board in any of paragraphs (1) through (7) of

subsection (d) of this section.

(B) Nonperformance

Notwithstanding paragraph (2), the Governor may decertify a

local board if a local area fails to meet the local performance

measures for such local area for 2 consecutive program years

(in accordance with section 2871(h) of this title).

(C) Plan

If the Governor decertifies a local board for a local area

under subparagraph (A) or (B), the Governor may require that a

new local board be appointed and certified for the local area

pursuant to a reorganization plan developed by the Governor, in

consultation with the chief elected official in the local area,

and in accordance with the criteria established under

subsection (b) of this section.

(4) Single State area

Notwithstanding subsection (b) of this section and paragraphs

(1) and (2), if a State described in section 2831(b) of this

title indicates in the State plan that the State will be treated

as a local area for purposes of the application of this chapter,

the Governor may designate the State board to carry out any of

the functions described in subsection (d) of this section.

(d) Functions of local board

The functions of the local board shall include the following:

(1) Local plan

Consistent with section 2833 of this title, each local board,

in partnership with the chief elected official for the local area

involved, shall develop and submit a local plan to the Governor.

(2) Selection of operators and providers

(A) Selection of one-stop operators

Consistent with section 2841(d) of this title, the local

board, with the agreement of the chief elected official -

(i) shall designate or certify one-stop operators as

described in section 2841(d)(2)(A) of this title; and

(ii) may terminate for cause the eligibility of such

operators.

(B) Selection of youth providers

Consistent with section 2843 of this title, the local board

shall identify eligible providers of youth activities in the

local area by awarding grants or contracts on a competitive

basis, based on the recommendations of the youth council.

(C) Identification of eligible providers of training services

Consistent with section 2842 of this title, the local board

shall identify eligible providers of training services

described in section 2864(d)(4) of this title in the local

area.

(D) Identification of eligible providers of intensive services

If the one-stop operator does not provide intensive services

in a local area, the local board shall identify eligible

providers of intensive services described in section 2864(d)(3)

of this title in the local area by awarding contracts.

(3) Budget and administration

(A) Budget

The local board shall develop a budget for the purpose of

carrying out the duties of the local board under this section,

subject to the approval of the chief elected official.

(B) Administration

(i) Grant recipient

(I) In general

The chief elected official in a local area shall serve as

the local grant recipient for, and shall be liable for any

misuse of, the grant funds allocated to the local area

under sections 2853 and 2863 of this title, unless the

chief elected official reaches an agreement with the

Governor for the Governor to act as the local grant

recipient and bear such liability.

(II) Designation

In order to assist in the administration of the grant

funds, the chief elected official or the Governor, where

the Governor serves as the local grant recipient for a

local area, may designate an entity to serve as a local

grant subrecipient for such funds or as a local fiscal

agent. Such designation shall not relieve the chief elected

official or the Governor of the liability for any misuse of

grant funds as described in subclause (I).

(III) Disbursal

The local grant recipient or an entity designated under

subclause (II) shall disburse such funds for workforce

investment activities at the direction of the local board,

pursuant to the requirements of this chapter, if the

direction does not violate a provision of this Act. The

local grant recipient or entity designated under subclause

(II) shall disburse the funds immediately on receiving such

direction from the local board.

(ii) Staff

The local board may employ staff.

(iii) Grants and donations

The local board may solicit and accept grants and donations

from sources other than Federal funds made available under

this Act.

(4) Program oversight

The local board, in partnership with the chief elected

official, shall conduct oversight with respect to local programs

of youth activities authorized under section 2854 of this title,

local employment and training activities authorized under section

2864 of this title, and the one-stop delivery system in the local

area.

(5) Negotiation of local performance measures

The local board, the chief elected official, and the Governor

shall negotiate and reach agreement on local performance measures

as described in section 2871(c) of this title.

(6) Employment statistics system

The local board shall assist the Governor in developing the

statewide employment statistics system described in section

49l-2(e) of this title.

(7) Employer linkages

The local board shall coordinate the workforce investment

activities authorized under this subchapter and carried out in

the local area with economic development strategies and develop

other employer linkages with such activities.

(8) Connecting, brokering, and coaching

The local board shall promote the participation of private

sector employers in the statewide workforce investment system and

ensure the effective provision, through the system, of

connecting, brokering, and coaching activities, through

intermediaries such as the one-stop operator in the local area or

through other organizations, to assist such employers in meeting

hiring needs.

(e) Sunshine provision

The local board shall make available to the public, on a regular

basis through open meetings, information regarding the activities

of the local board, including information regarding the local plan

prior to submission of the plan, and regarding membership, the

designation and certification of one-stop operators, and the award

of grants or contracts to eligible providers of youth activities,

and on request, minutes of formal meetings of the local board.

(f) Limitations

(1) Training services

(A) In general

Except as provided in subparagraph (B), no local board may

provide training services described in section 2864(d)(4) of

this title.

(B) Waivers of training prohibition

The Governor of the State in which a local board is located

may, pursuant to a request from the local board, grant a

written waiver of the prohibition set forth in subparagraph (A)

(relating to the provision of training services) for a program

of training services, if the local board -

(i) submits to the Governor a proposed request for the

waiver that includes -

(I) satisfactory evidence that there is an insufficient

number of eligible providers of such a program of training

services to meet local demand in the local area;

(II) information demonstrating that the board meets the

requirements for an eligible provider of training services

under section 2842 of this title; and

(III) information demonstrating that the program of

training services prepares participants for an occupation

that is in demand in the local area;

(ii) makes the proposed request available to eligible

providers of training services and other interested members

of the public for a public comment period of not less than 30

days; and

(iii) includes, in the final request for the waiver, the

evidence and information described in clause (i) and the

comments received pursuant to clause (ii).

(C) Duration

A waiver granted to a local board under subparagraph (B)

shall apply for a period of not to exceed 1 year. The waiver

may be renewed for additional periods of not to exceed 1 year,

pursuant to requests from the local board, if the board meets

the requirements of subparagraph (B) in making the requests.

(D) Revocation

The Governor may revoke a waiver granted under this paragraph

during the appropriate period described in subparagraph (C) if

the Governor determines that the local board involved has

engaged in a pattern of inappropriate referrals to training

services operated by the local board.

(2) Core services; intensive services; designation or

certification as one-stop operators

A local board may provide core services described in section

2864(d)(2) of this title or intensive services described in

section 2864(d)(3) of this title through a one-stop delivery

system described in section 2864(c) of this title or be

designated or certified as a one-stop operator only with the

agreement of the chief elected official and the Governor.

(3) Limitation on authority

Nothing in this Act shall be construed to provide a local board

with the authority to mandate curricula for schools.

(g) Conflict of interest

A member of a local board may not -

(1) vote on a matter under consideration by the local board -

(A) regarding the provision of services by such member (or by

an entity that such member represents); or

(B) that would provide direct financial benefit to such

member or the immediate family of such member; or

(2) engage in any other activity determined by the Governor to

constitute a conflict of interest as specified in the State plan.

(h) Youth council

(1) Establishment

There shall be established, as a subgroup within each local

board, a youth council appointed by the local board, in

cooperation with the chief elected official for the local area.

(2) Membership

The membership of each youth council -

(A) shall include -

(i) members of the local board described in subparagraph

(A) or (B) of subsection (b)(2) of this section with special

interest or expertise in youth policy;

(ii) representatives of youth service agencies, including

juvenile justice and local law enforcement agencies;

(iii) representatives of local public housing authorities;

(iv) parents of eligible youth seeking assistance under

this subchapter;

(v) individuals, including former participants, and

representatives of organizations, that have experience

relating to youth activities; and

(vi) representatives of the Job Corps, as appropriate; and

(B) may include such other individuals as the chairperson of

the local board, in cooperation with the chief elected

official, determines to be appropriate.

(3) Relationship to local board

Members of the youth council who are not members of the local

board described in subparagraphs (A) and (B) of subsection (b)(2)

of this section shall be voting members of the youth council and

nonvoting members of the board.

(4) Duties

The duties of the youth council include -

(A) developing the portions of the local plan relating to

eligible youth, as determined by the chairperson of the local

board;

(B) subject to the approval of the local board and consistent

with section 2843 of this title -

(i) recommending eligible providers of youth activities, to

be awarded grants or contracts on a competitive basis by the

local board to carry out the youth activities; and

(ii) conducting oversight with respect to the eligible

providers of youth activities, in the local area;

(C) coordinating youth activities authorized under section

2854 of this title in the local area; and

(D) other duties determined to be appropriate by the

chairperson of the local board.

(i) Alternative entity

(1) In general

For purposes of complying with subsections (a), (b), and (c) of

this section, and paragraphs (1) and (2) of subsection (h) of

this section, a State may use any local entity (including a local

council, regional workforce development board, or similar entity)

that -

(A) is established to serve the local area (or the service

delivery area that most closely corresponds to the local area);

(B) is in existence on December 31, 1997;

(C)(i) is established pursuant to section 1512 of this title,

as in effect on December 31, 1997; or

(ii) is substantially similar to the local board described in

subsections (a), (b), and (c) of this section, and paragraphs

(1) and (2) of subsection (h) of this section; and

(D) includes -

(i) representatives of business in the local area; and

(ii)(I) representatives of labor organizations (for a local

area in which employees are represented by labor

organizations), nominated by local labor federations; or

(II) other representatives of employees in the local area

(for a local area in which no employees are represented by

such organizations).

(2) References

References in this Act to a local board or a youth council

shall be considered to include such an entity or a subgroup of

such an entity, respectively.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 117, Aug. 7, 1998, 112 Stat. 954;

Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 401(4)],

Oct. 21, 1998, 112 Stat. 2681-337, 2681-411.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsecs. (c)(1)(C), (d)(3)(B)(i)(III),

(iii), (f)(3), and (i)(2), is Pub. L. 105-220, Aug. 7, 1998, 112

Stat. 936, as amended, known as the Workforce Investment Act of

1998. For complete classification of this Act to the Code, see

Short Title note set out under section 9201 of Title 20, Education,

and Tables.

Section 1512 of this title, referred to in subsec. (i)(1)(C)(i),

was repealed by Pub. L. 105-220, title I, Sec. 199(b)(2), Aug. 7,

1998, 112 Stat. 1059, effective July 1, 2000.

-MISC1-

AMENDMENTS

1998 - Subsec. (f)(1)(D). Pub. L. 105-277, Sec. 101(f) [title

VIII, Sec. 401(4)(A)], substituted "if the Governor" for "if the

State".

Subsec. (i)(1)(D)(ii)(II). Pub. L. 105-277, Sec. 101(f) [title

VIII, Sec. 401(4)(B)], added subcl. (II) and struck out former

subcl. (II) which read as follows: "(for a local area in which no

employees are represented by such organizations), other

representatives of employees in the local area."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 49a, 705, 2801, 2821,

2822, 2833, 2871, 2916a of this title; title 42 section 4953.

-End-

-CITE-

29 USC Sec. 2833 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER II - STATEWIDE AND LOCAL WORKFORCE INVESTMENT SYSTEMS

Part B - Local Provisions

-HEAD-

Sec. 2833. Local plan

-STATUTE-

(a) In general

Each local board shall develop and submit to the Governor a

comprehensive 5-year local plan (referred to in this chapter as the

"local plan"), in partnership with the appropriate chief elected

official. The plan shall be consistent with the State plan.

(b) Contents

The local plan shall include -

(1) an identification of -

(A) the workforce investment needs of businesses, jobseekers,

and workers in the local area;

(B) the current and projected employment opportunities in the

local area; and

(C) the job skills necessary to obtain such employment

opportunities;

(2) a description of the one-stop delivery system to be

established or designated in the local area, including -

(A) a description of how the local board will ensure the

continuous improvement of eligible providers of services

through the system and ensure that such providers meet the

employment needs of local employers and participants; and

(B) a copy of each memorandum of understanding described in

section 2841(c) of this title (between the local board and each

of the one-stop partners) concerning the operation of the

one-stop delivery system in the local area;

(3) a description of the local levels of performance negotiated

with the Governor and chief elected official pursuant to section

2871(c) of this title, to be used to measure the performance of

the local area and to be used by the local board for measuring

the performance of the local fiscal agent (where appropriate),

eligible providers, and the one-stop delivery system, in the

local area;

(4) a description and assessment of the type and availability

of adult and dislocated worker employment and training activities

in the local area;

(5) a description of how the local board will coordinate

workforce investment activities carried out in the local area

with statewide rapid response activities, as appropriate;

(6) a description and assessment of the type and availability

of youth activities in the local area, including an

identification of successful providers of such activities;

(7) a description of the process used by the local board,

consistent with subsection (c) of this section, to provide an

opportunity for public comment, including comment by

representatives of businesses and comment by representatives of

labor organizations, and input into the development of the local

plan, prior to submission of the plan;

(8) an identification of the entity responsible for the

disbursal of grant funds described in section

2832(d)(3)(B)(i)(III) of this title, as determined by the chief

elected official or the Governor under section 2832(d)(3)(B)(i)

of this title;

(9) a description of the competitive process to be used to

award the grants and contracts in the local area for activities

carried out under this subchapter; and

(10) such other information as the Governor may require.

(c) Process

Prior to the date on which the local board submits a local plan

under this section, the local board shall -

(1) make available copies of a proposed local plan to the

public through such means as public hearings and local news

media;

(2) allow members of the local board and members of the public,

including representatives of business and representatives of

labor organizations, to submit comments on the proposed local

plan to the local board, not later than the end of the 30-day

period beginning on the date on which the proposed local plan is

made available; and

(3) include with the local plan submitted to the Governor under

this section any such comments that represent disagreement with

the plan.

(d) Plan submission and approval

A local plan submitted to the Governor under this section shall

be considered to be approved by the Governor at the end of the

90-day period beginning on the day the Governor receives the plan,

unless the Governor makes a written determination during the 90-day

period that -

(1) deficiencies in activities carried out under this

subchapter have been identified, through audits conducted under

section 2934 of this title or otherwise, and the local area has

not made acceptable progress in implementing corrective measures

to address the deficiencies; or

(2) the plan does not comply with this chapter.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 118, Aug. 7, 1998, 112 Stat. 961.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 795, 2832, 2945 of this

title.

-End-

-CITE-

29 USC Part C - Workforce Investment Activities Providers 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER II - STATEWIDE AND LOCAL WORKFORCE INVESTMENT SYSTEMS

Part C - Workforce Investment Activities Providers

-HEAD-

PART C - WORKFORCE INVESTMENT ACTIVITIES PROVIDERS

-End-

-CITE-

29 USC Sec. 2841 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER II - STATEWIDE AND LOCAL WORKFORCE INVESTMENT SYSTEMS

Part C - Workforce Investment Activities Providers

-HEAD-

Sec. 2841. Establishment of one-stop delivery systems

-STATUTE-

(a) In general

Consistent with the State plan, the local board for a local area,

with the agreement of the chief elected official for the local

area, shall -

(1) develop and enter into the memorandum of understanding

described in subsection (c) of this section with one-stop

partners;

(2) designate or certify one-stop operators under subsection

(d) of this section; and

(3) conduct oversight with respect to the one-stop delivery

system in the local area.

(b) One-stop partners

(1) Required partners

(A) In general

Each entity that carries out a program or activities

described in subparagraph (B) shall -

(i) make available to participants, through a one-stop

delivery system, the services described in section 2864(d)(2)

of this title that are applicable to such program or

activities; and

(ii) participate in the operation of such system consistent

with the terms of the memorandum described in subsection (c)

of this section, and with the requirements of the Federal law

in which the program or activities are authorized.

(B) Programs and activities

The programs and activities referred to in subparagraph (A)

consist of -

(i) programs authorized under this chapter;

(ii) programs authorized under the Wagner-Peyser Act (29

U.S.C. 49 et seq.);

(iii) adult education and literacy activities authorized

under title II [20 U.S.C. 9201 et seq.];

(iv) programs authorized under title I of the

Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.) (other

than part C of title I of such Act [29 U.S.C. 741] and

subject to subsection (f) of this section);

(v) programs authorized under section 403(a)(5) of the

Social Security Act (42 U.S.C. 603(a)(5)) (as added by

section 5001 of the Balanced Budget Act of 1997);

(vi) activities authorized under title V of the Older

Americans Act of 1965 (42 U.S.C. 3056 et seq.);

(vii) postsecondary vocational education activities

authorized under the Carl D. Perkins Vocational and Applied

Technology Education Act (20 U.S.C. 2301 et seq.);

(viii) activities authorized under chapter 2 of title II of

the Trade Act of 1974 (19 U.S.C. 2271 et seq.);

(ix) activities authorized under chapter 41 of title 38;

(x) employment and training activities carried out under

the Community Services Block Grant Act (42 U.S.C. 9901 et

seq.);

(xi) employment and training activities carried out by the

Department of Housing and Urban Development; and

(xii) programs authorized under State unemployment

compensation laws (in accordance with applicable Federal

law).

(2) Additional partners

(A) In general

In addition to the entities described in paragraph (1), other

entities that carry out a human resource program described in

subparagraph (B) may -

(i) make available to participants, through the one-stop

delivery system, the services described in section 2864(d)(2)

of this title that are applicable to such program; and

(ii) participate in the operation of such system consistent

with the terms of the memorandum described in subsection (c)

of this section, and with the requirements of the Federal law

in which the program is authorized;

if the local board and chief elected official involved approve

such participation.

(B) Programs

The programs referred to in subparagraph (A) may include -

(i) programs authorized under part A of title IV of the

Social Security Act (42 U.S.C. 601 et seq.);

(ii) programs authorized under section 2015(d)(4) of title

7;

(iii) work programs authorized under section 2015(o) of

title 7;

(iv) programs authorized under the National and Community

Service Act of 1990 (42 U.S.C. 12501 et seq.); and

(v) other appropriate Federal, State, or local programs,

including programs in the private sector.

(c) Memorandum of understanding

(1) Development

The local board, with the agreement of the chief elected

official, shall develop and enter into a memorandum of

understanding (between the local board and the one-stop

partners), consistent with paragraph (2), concerning the

operation of the one-stop delivery system in the local area.

(2) Contents

Each memorandum of understanding shall contain -

(A) provisions describing -

(i) the services to be provided through the one-stop

delivery system;

(ii) how the costs of such services and the operating costs

of the system will be funded;

(iii) methods for referral of individuals between the

one-stop operator and the one-stop partners, for the

appropriate services and activities; and

(iv) the duration of the memorandum and the procedures for

amending the memorandum during the term of the memorandum;

and

(B) such other provisions, consistent with the requirements

of this chapter, as the parties to the agreement determine to

be appropriate.

(d) One-stop operators

(1) Designation and certification

Consistent with paragraphs (2) and (3), the local board, with

the agreement of the chief elected official, is authorized to

designate or certify one-stop operators and to terminate for

cause the eligibility of such operators.

(2) Eligibility

To be eligible to receive funds made available under this

subchapter to operate a one-stop center referred to in section

2864(c) of this title, an entity (which may be a consortium of

entities) -

(A) shall be designated or certified as a one-stop operator -

(i) through a competitive process; or

(ii) in accordance with an agreement reached between the

local board and a consortium of entities that, at a minimum,

includes 3 or more of the one-stop partners described in

subsection (b)(1) of this section; and

(B) may be a public or private entity, or consortium of

entities, of demonstrated effectiveness, located in the local

area, which may include -

(i) a postsecondary educational institution;

(ii) an employment service agency established under the

Wagner-Peyser Act (29 U.S.C. 49 et seq.), on behalf of the

local office of the agency;

(iii) a private, nonprofit organization (including a

community-based organization);

(iv) a private for-profit entity;

(v) a government agency; and

(vi) another interested organization or entity, which may

include a local chamber of commerce or other business

organization.

(3) Exception

Elementary schools and secondary schools shall not be eligible

for designation or certification as one-stop operators, except

that nontraditional public secondary schools and area vocational

education schools shall be eligible for such designation or

certification.

(e) Established one-stop delivery system

If a one-stop delivery system has been established in a local

area prior to August 7, 1998, the local board, the chief elected

official, and the Governor involved may agree to certify an entity

carrying out activities through the system as a one-stop operator

for purposes of subsection (d) of this section, consistent with the

requirements of subsection (b) of this section, of the memorandum

of understanding, and of section 2864(c) of this title.

(f) Application to certain vocational rehabilitation programs

(1) Limitation

Nothing in this section shall be construed to apply to part C

of title I of the Rehabilitation Act of 1973 (29 U.S.C. 741).

(2) Client assistance

Nothing in this Act shall be construed to require that any

entity carrying out a client assistance program authorized under

section 112 of the Rehabilitation Act of 1973 (29 U.S.C. 732) -

(A) violate the requirement of section 112(c)(1)(A) of that

Act that the entity be independent of any agency which provides

treatment, services, or rehabilitation to individuals under

that Act [29 U.S.C. 701 et seq.]; or

(B) carry out any activity not authorized under section 112

of that Act (including appropriate Federal regulations).

-SOURCE-

(Pub. L. 105-220, title I, Sec. 121, Aug. 7, 1998, 112 Stat. 963;

Pub. L. 105-332, Sec. 5(a), Oct. 31, 1998, 112 Stat. 3127.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (b)(1)(B)(i) and (c)(2)(B),

was in the original "this title" meaning title I of Pub. L.

105-220, Aug. 7, 1998, 112 Stat. 939, as amended, which enacted

this chapter, repealed sections 1501 to 1505, 1511 to 1583, 1592 to

1735, 1737 to 1791h, 1792 to 1792b, 2301 to 2314 of this title,

section 211 of former Title 40, Appendix, Public Buildings,

Property, and Works, sections 11421, 11441 to 11447, 11449, 11450,

11461 to 11466, 11471, and 11472 of Title 42, The Public Health and

Welfare, and sections 42101 to 42106 of Title 49, Transportation,

enacted provisions set out as notes under sections 1501, 2301, and

2940 of this title and section 11421 of Title 42, and repealed

provisions set out as notes under sections 801 and 2301 of this

title and section 1255a of Title 8, Aliens and Nationality. For

complete classification of title I to the Code, see Tables.

The Wagner-Peyser Act, referred to in subsecs. (b)(1)(B)(ii) and

(d)(2)(B)(ii), is act June 6, 1933, ch. 49, 48 Stat. 113, as

amended, which is classified generally to chapter 4B (Sec. 49 et

seq.) of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 49 of this title

and Tables.

Title II, referred to in subsec. (b)(1)(B)(iii), 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 chapter 73 of

Title 20, Education. For complete classification of this Act to the

Code, see Short Title note set out under section 9201 of Title 20

and Tables.

The Rehabilitation Act of 1973, referred to in subsecs.

(b)(1)(B)(iv) and (f), is Pub. L. 93-112, Sept. 26, 1973, 87 Stat.

355, as amended, which is classified generally to chapter 16 (Sec.

701 et seq.) of this title. Title I of the Act is classified

generally to subchapter I (Sec. 720 et seq.) of chapter 16 of this

title. Part C of title I of the Act is classified generally to part

C (Sec. 741) of subchapter I of chapter 16 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 701 of this title and Tables.

The Older Americans Act of 1965, referred to in subsec.

(b)(1)(B)(vi), is Pub. L. 89-73, July 14, 1965, 79 Stat. 218, as

amended. Title V of the Act, known as the Older American Community

Service Employment Act, is classified generally to subchapter IX

(Sec. 3056 et seq.) of chapter 35 of Title 42, The Public Health

and Welfare. For complete classification of this Act to the Code,

see Short Title note set out under section 3001 of Title 42 and

Tables.

The Carl D. Perkins Vocational and Applied Technology Education

Act, referred to in subsec. (b)(1)(B)(vii), is Pub. L. 88-210, Dec.

18, 1963, 77 Stat. 403, as amended, which was classified generally

to chapter 44 (Sec. 2301 et seq.) of Title 20, Education, prior to

being amended generally and renamed the Carl D. Perkins Vocational

and Technical Education Act of 1998 by Pub. L. 105-332, Sec. 1(b),

Oct. 31, 1998, 112 Stat. 3076. For complete classification of Pub.

L. 88-210 to the Code, see Short Title note set out under section

2301 of Title 20 and Tables.

The Trade Act of 1974, referred to in subsec. (b)(1)(B)(viii), is

Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as amended. Chapter 2

of title II of the Act is classified principally to part 2 (Sec.

2271 et seq.) of subchapter II of chapter 12 of Title 19, Customs

Duties. For complete classification of this Act to the Code, see

References in Text note set out under section 2101 of Title 19 and

Tables.

The Community Services Block Grant Act, referred to in subsec.

(b)(1)(B)(x), is subtitle B (Secs. 671-683) of title VI of Pub. L.

97-35, Aug. 13, 1981, 95 Stat. 511, as amended, which is classified

generally to chapter 106 (Sec. 9901 et seq.) of Title 42, The

Public Health and Welfare. For complete classification of this Act

to the Code, see Short Title note set out under section 9901 of

Title 42 and Tables.

The Social Security Act, referred to in subsec. (b)(2)(B)(i), is

act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of

title IV of the Act is classified generally to part A (Sec. 601 et

seq.) of subchapter IV of chapter 7 of Title 42, The Public Health

and Welfare. For complete classification of this Act to the Code,

see section 1305 of Title 42 and Tables.

The National and Community Service Act of 1990, referred to in

subsec. (b)(2)(B)(iv), is Pub. L. 101-610, Nov. 16, 1990, 104 Stat.

3127, as amended, which is classified principally to chapter 129

(Sec. 12501 et seq.) of Title 42, The Public Health and Welfare.

For complete classification of this Act to the Code, see Short

Title note set out under section 12501 of Title 42 and Tables.

This Act, referred to in subsec. (f)(2), is Pub. L. 105-220, Aug.

7, 1998, 112 Stat. 936, as amended, known as the Workforce

Investment Act of 1998. For complete classification of this Act to

the Code, see Short Title note set out under section 9201 of Title

20, Education, and Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (b)(1)(B)(iv). Pub. L. 105-332, Sec. 5(a)(1),

inserted "(other than part C of title I of such Act and subject to

subsection (f) of this section)" before semicolon.

Subsec. (f). Pub. L. 105-332, Sec. 5(a)(2), added subsec. (f).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2801, 2821, 2832, 2833,

2864, 2944 of this title; title 20 sections 2341, 2342; title 42

sections 3056, 3056j.

-End-

-CITE-

29 USC Sec. 2842 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER II - STATEWIDE AND LOCAL WORKFORCE INVESTMENT SYSTEMS

Part C - Workforce Investment Activities Providers

-HEAD-

Sec. 2842. Identification of eligible providers of training

services

-STATUTE-

(a) Eligibility requirements

(1) In general

Except as provided in subsection (h) of this section, to be

identified as an eligible provider of training services described

in section 2864(d)(4) of this title (referred to in this section

as "training services") in a local area and to be eligible to

receive funds made available under section 2863(b) of this title

for the provision of training services, a provider of such

services shall meet the requirements of this section.

(2) Providers

Subject to the provisions of this section, to be eligible to

receive the funds, the provider shall be -

(A) a postsecondary educational institution that -

(i) is eligible to receive Federal funds under title IV of

the Higher Education Act of 1965 (20 U.S.C. 1070 et seq. [and

42 U.S.C. 2751 et seq.]); and

(ii) provides a program that leads to an associate degree,

baccalaureate degree, or certificate;

(B) an entity that carries out programs under the Act of

August 16, 1937 (commonly known as the "National Apprenticeship

Act" 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); or

(C) another public or private provider of a program of

training services.

(b) Initial eligibility determination

(1) Postsecondary educational institutions and entities carrying

out apprenticeship programs

To be initially eligible to receive funds as described in

subsection (a) of this section to carry out a program described

in subparagraph (A) or (B) of subsection (a)(2) of this section,

a provider described in subparagraph (A) or (B), respectively, of

subsection (a)(2) of this section shall submit an application, to

the local board for the local area in which the provider desires

to provide training services, at such time, in such manner, and

containing such information as the local board may require.

(2) Other eligible providers

(A) Procedure

Each Governor of a State shall establish a procedure for use

by local boards in the State in determining the initial

eligibility of a provider described in subsection (a)(2)(C) of

this section to receive funds as described in subsection (a) of

this section for a program of training services, including the

initial eligibility of -

(i) a postsecondary educational institution to receive such

funds for a program not described in subsection (a)(2)(A) of

this section; and

(ii) a provider described in subsection (a)(2)(B) of this

section to receive such funds for a program not described in

subsection (a)(2)(B) of this section.

(B) Recommendations

In developing such procedure, the Governor shall solicit and

take into consideration the recommendations of local boards and

providers of training services within the State.

(C) Opportunity to submit comments

The Governor shall provide an opportunity, during the

development of the procedure, for interested members of the

public, including representatives of business and labor

organizations, to submit comments on such procedure.

(D) Requirements

In establishing the procedure, the Governor shall require

that, to be initially eligible to receive funds as described in

subsection (a) of this section for a program, a provider

described in subsection (a)(2)(C) of this section -

(i) shall submit an application, to the local board for the

local area in which the provider desires to provide training

services, at such time and in such manner as may be required,

and containing a description of the program;

(ii) if the provider provides training services through a

program on the date of application, shall include in the

application an appropriate portion of the performance

information and program cost information described in

subsection (d) of this section for the program, as specified

in the procedure, and shall meet appropriate levels of

performance for the program, as specified in the procedure;

and

(iii) if the provider does not provide training services on

such date, shall meet appropriate requirements, as specified

in the procedure.

(c) Subsequent eligibility determination

(1) Procedure

Each Governor of a State shall establish a procedure for use by

local boards in the State in determining the eligibility of a

provider described in subsection (a)(2) of this section to

continue to receive funds as described in subsection (a) of this

section for a program after an initial period of eligibility

under subsection (b) of this section (referred to in this section

as "subsequent eligibility").

(2) Recommendations

In developing such procedure, the Governor shall solicit and

take into consideration the recommendations of local boards and

providers of training services within the State.

(3) Opportunity to submit comments

The Governor shall provide an opportunity, during the

development of the procedure, for interested members of the

public, including representatives of business and labor

organizations, to submit comments on such procedure.

(4) Considerations

In developing such procedure, the Governor shall ensure that

the procedure requires the local boards to take into

consideration, in making the determinations of subsequent

eligibility -

(A) the specific economic, geographic, and demographic

factors in the local areas in which providers seeking

eligibility are located; and

(B) the characteristics of the populations served by

providers seeking eligibility, including the demonstrated

difficulties in serving such populations, where applicable.

(5) Requirements

In establishing the procedure, the Governor shall require that,

to be eligible to continue to receive funds as described in

subsection (a) of this section for a program after the initial

period of eligibility, a provider described in subsection (a)(2)

of this section shall -

(A) submit the performance information and program cost

information described in subsection (d)(1) of this section for

the program and any additional information required to be

submitted in accordance with subsection (d)(2) of this section

for the program annually to the appropriate local board at such

time and in such manner as may be required; and

(B) annually meet the performance levels described in

paragraph (6) for the program, as demonstrated utilizing

quarterly records described in section 2871 of this title, in a

manner consistent with section 2871 of this title.

(6) Levels of performance

(A) In general

At a minimum, the procedure described in paragraph (1) shall

require the provider to meet minimum acceptable levels of

performance based on the performance information referred to in

paragraph (5)(A).

(B) Higher levels of performance eligibility

The local board may require higher levels of performance than

the levels referred to in subparagraph (A) for subsequent

eligibility to receive funds as described in subsection (a) of

this section.

(d) Performance and cost information

(1) Required information

For a provider of training services to be determined to be

subsequently eligible under subsection (c) of this section to

receive funds as described in subsection (a) of this section,

such provider shall, under subsection (c) of this section, submit

-

(A) verifiable program-specific performance information

consisting of -

(i) program information, including -

(I) the program completion rates for all individuals

participating in the applicable program conducted by the

provider;

(II) the percentage of all individuals participating in

the applicable program who obtain unsubsidized employment,

which may also include information specifying the

percentage of the individuals who obtain unsubsidized

employment in an occupation related to the program

conducted; and

(III) the wages at placement in employment of all

individuals participating in the applicable program; and

(ii) training services information for all participants who

received assistance under section 2864 of this title to

participate in the applicable program, including -

(I) the percentage of participants who have completed the

applicable program and who are placed in unsubsidized

employment;

(II) the retention rates in unsubsidized employment of

participants who have completed the applicable program, 6

months after the first day of the employment;

(III) the wages received by participants who have

completed the applicable program, 6 months after the first

day of the employment involved; and

(IV) where appropriate, the rates of licensure or

certification, attainment of academic degrees or

equivalents, or attainment of other measures of skills, of

the graduates of the applicable program; and

(B) information on program costs (such as tuition and fees)

for participants in the applicable program.

(2) Additional information

Subject to paragraph (3), in addition to the performance

information described in paragraph (1) -

(A) the Governor may require that a provider submit, under

subsection (c) of this section, such other verifiable

program-specific performance information as the Governor

determines to be appropriate to obtain such subsequent

eligibility, which may include information relating to -

(i) retention rates in employment and the subsequent wages

of all individuals who complete the applicable program;

(ii) where appropriate, the rates of licensure or

certification of all individuals who complete the program;

and

(iii) the percentage of individuals who complete the

program who attain industry-recognized occupational skills in

the subject, occupation, or industry for which training is

provided through the program, where applicable; and

(B) the Governor, or the local board, may require a provider

to submit, under subsection (c) of this section, other

verifiable program-specific performance information to obtain

such subsequent eligibility.

(3) Conditions

(A) In general

If the Governor or a local board requests additional

information under paragraph (2) that imposes extraordinary

costs on providers, or if providers experience extraordinary

costs in the collection of information required under paragraph

(1)(A)(ii), the Governor or the local board shall provide

access to cost-effective methods for the collection of the

information involved, or the Governor shall provide additional

resources to assist providers in the collection of such

information from funds made available as described in sections

2853(a) and 2863(a)(1) of this title, as appropriate.

(B) Higher education eligibility requirements

The local board and the designated State agency described in

subsection (i) of this section may accept program-specific

performance information consistent with the requirements for

eligibility under title IV of the Higher Education Act of 1965

(20 U.S.C. 1070 et seq. [and 42 U.S.C. 2751 et seq.]) from a

provider for purposes of enabling the provider to fulfill the

applicable requirements of this subsection, if such information

is substantially similar to the information otherwise required

under this subsection.

(e) Local identification

(1) In general

The local board shall place on a list providers submitting an

application under subsection (b)(1) of this section and providers

determined to be initially eligible under subsection (b)(2) of

this section, and retain on the list providers determined to be

subsequently eligible under subsection (c) of this section, to

receive funds as described in subsection (a) of this section for

the provision of training services in the local area served by

the local board. The list of providers shall be accompanied by

any performance information and program cost information

submitted under subsection (b) or (c) of this section by the

provider.

(2) Submission to State agency

On placing or retaining a provider on the list, the local board

shall submit, to the designated State agency described in

subsection (i) of this section, the list and the performance

information and program cost information referred to in paragraph

(1). If the agency determines, within 30 days after the date of

the submission, that the provider does not meet the performance

levels described in subsection (c)(6) of this section for the

program (where applicable), the agency may remove the provider

from the list for the program. The agency may not remove from the

list an agency submitting an application under subsection (b)(1)

of this section.

(3) Identification of eligible providers

A provider who is placed or retained on the list under

paragraph (1), and is not removed by the designated State agency

under paragraph (2), for a program, shall be considered to be

identified as an eligible provider of training services for the

program.

(4) Availability

(A) State list

The designated State agency shall compile a single list of

the providers identified under paragraph (3) from all local

areas in the State and disseminate such list, and the

performance information and program cost information described

in paragraph (1), to the one-stop delivery systems within the

State. Such list and information shall be made widely available

to participants in employment and training activities

authorized under section 2864 of this title and others through

the one-stop delivery system.

(B) Selection from State list

Individuals eligible to receive training services under

section 2864(d)(4) of this title shall have the opportunity to

select any of the eligible providers, from any of the local

areas in the State, that are included on the list described in

subparagraph (A) to provide the services, consistent with the

requirements of section 2864 of this title.

(5) Acceptance of individual training accounts by other States

States may enter into agreements, on a reciprocal basis, to

permit eligible providers of training services in a State to

accept individual training accounts provided in another State.

(f) Enforcement

(1) Accuracy of information

If the designated State agency, after consultation with the

local board involved, determines that an eligible provider or

individual supplying information on behalf of the provider

intentionally supplies inaccurate information under this section,

the agency shall terminate the eligibility of the provider to

receive funds described in subsection (a) of this section for any

program for a period of time, but not less than 2 years.

(2) Noncompliance

If the designated State agency, or the local board working with

the State agency, determines that an eligible provider described

in subsection (a) of this section substantially violates any

requirement under this Act, the agency, or the local board

working with the State agency, may terminate the eligibility of

such provider to receive funds described in subsection (a) of

this section for the program involved or take such other action

as the agency or local board determines to be appropriate.

(3) Repayment

A provider whose eligibility is terminated under paragraph (1)

or (2) for a program shall be liable for repayment of all funds

described in subsection (a) of this section received for the

program during any period of noncompliance described in such

paragraph.

(4) Construction

This subsection and subsection (g) of this section shall be

construed to provide remedies and penalties that supplement, but

do not supplant, other civil and criminal remedies and penalties.

(g) Appeal

The Governor shall establish procedures for providers of training

services to appeal a denial of eligibility by the local board or

the designated State agency under subsection (b), (c), or (e) of

this section, a termination of eligibility or other action by the

board or agency under subsection (f) of this section, or a denial

of eligibility by a one-stop operator under subsection (h) of this

section. Such procedures shall provide an opportunity for a hearing

and prescribe appropriate time limits to ensure prompt resolution

of the appeal.

(h) On-the-job training or customized training exception

(1) In general

Providers of on-the-job training or customized training shall

not be subject to the requirements of subsections (a) through (e)

of this section.

(2) Collection and dissemination of information

A one-stop operator in a local area shall collect such

performance information from on-the-job training and customized

training providers as the Governor may require, determine whether

the providers meet such performance criteria as the Governor may

require, and disseminate information identifying providers that

meet the criteria as eligible providers, and the performance

information, through the one-stop delivery system. Providers

determined to meet the criteria shall be considered to be

identified as eligible providers of training services.

(i) Administration

The Governor shall designate a State agency to make the

determinations described in subsection (e)(2) of this section, take

the enforcement actions described in subsection (f) of this

section, and carry out other duties described in this section.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 122, Aug. 7, 1998, 112 Stat. 965.)

-REFTEXT-

REFERENCES IN TEXT

The Higher Education Act of 1965, referred to in subsecs.

(a)(2)(A)(i) and (d)(3)(B), is Pub. L. 89-329, Nov. 8, 1965, 79

Stat. 1219, as amended. Title IV of the Act is classified generally

to subchapter IV (Sec. 1070 et seq.) of chapter 28 of Title 20,

Education, and part C (Sec. 2751 et seq.) of subchapter I of

chapter 34 of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 1001 of Title 20 and Tables.

The National Apprenticeship Act, referred to in subsec.

(a)(2)(B), is act Aug. 16, 1937, ch. 663, 50 Stat. 664, as amended,

which is classified generally to chapter 4C (Sec. 50 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 50 of this title and

Tables.

This Act, referred to in subsec. (f)(2), is Pub. L. 105-220, Aug.

7, 1998, 112 Stat. 936, as amended, known as the Workforce

Investment Act of 1998. For complete classification of this Act to

the Code, see Short Title note set out under section 9201 of Title

20, Education, and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2801, 2822, 2832, 2864,

2888 of this title.

-End-

-CITE-

29 USC Sec. 2843 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER II - STATEWIDE AND LOCAL WORKFORCE INVESTMENT SYSTEMS

Part C - Workforce Investment Activities Providers

-HEAD-

Sec. 2843. Identification of eligible providers of youth activities

-STATUTE-

From funds allocated under paragraph (2)(A) or (3) of section

2853(b) of this title to a local area, the local board for such

area shall identify eligible providers of youth activities by

awarding grants or contracts on a competitive basis, based on the

recommendations of the youth council and on the criteria contained

in the State plan, to the providers to carry out the activities,

and shall conduct oversight with respect to the providers, in the

local area.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 123, Aug. 7, 1998, 112 Stat. 971.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2801, 2832, 2854, 2864 of

this title.

-End-

-CITE-

29 USC Part D - Youth Activities 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER II - STATEWIDE AND LOCAL WORKFORCE INVESTMENT SYSTEMS

Part D - Youth Activities

-HEAD-

PART D - YOUTH ACTIVITIES

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 2945 of this title; title 20

section 2411.

-End-

-CITE-

29 USC Sec. 2851 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER II - STATEWIDE AND LOCAL WORKFORCE INVESTMENT SYSTEMS

Part D - Youth Activities

-HEAD-

Sec. 2851. General authorization

-STATUTE-

The Secretary shall make an allotment under section 2852(b)(1)(C)

of this title to each State that meets the requirements of section

2822 of this title and a grant to each outlying area that complies

with the requirements of this chapter, to assist the State or

outlying area, and to enable the State or outlying area to assist

local areas, for the purpose of providing workforce investment

activities for eligible youth in the State or outlying area and in

the local areas.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 126, Aug. 7, 1998, 112 Stat. 971.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

title" meaning title I of Pub. L. 105-220, Aug. 7, 1998, 112 Stat.

939, as amended, which enacted this chapter, repealed sections 1501

to 1505, 1511 to 1583, 1592 to 1735, 1737 to 1791h, 1792 to 1792b,

2301 to 2314 of this title, section 211 of former Title 40,

Appendix, Public Buildings, Property, and Works, sections 11421,

11441 to 11447, 11449, 11450, 11461 to 11466, 11471, and 11472 of

Title 42, The Public Health and Welfare, and sections 42101 to

42106 of Title 49, Transportation, enacted provisions set out as

notes under sections 1501, 2301, and 2940 of this title and section

11421 of Title 42, and repealed provisions set out as notes under

sections 801 and 2301 of this title and section 1255a of Title 8,

Aliens and Nationality. For complete classification of title I to

the Code, see Tables.

-End-

-CITE-

29 USC Sec. 2852 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER II - STATEWIDE AND LOCAL WORKFORCE INVESTMENT SYSTEMS

Part D - Youth Activities

-HEAD-

Sec. 2852. State allotments

-STATUTE-

(a) In general

The Secretary shall -

(1) for each fiscal year in which the amount appropriated under

section 2872(a) of this title exceeds $1,000,000,000, reserve a

portion determined under subsection (b)(1)(A) of this section of

the amount appropriated under section 2872(a) of this title for

use under sections 2912 (relating to migrant and seasonal

farmworker programs) and 2914 (relating to youth opportunity

grants) of this title; and

(2) use the remainder of the amount appropriated under section

2872(a) of this title for a fiscal year to make allotments and

grants in accordance with subparagraphs (B) and (C) of subsection

(b)(1) of this section and make funds available for use under

section 2911 of this title (relating to Native American

programs).

(b) Allotment among States

(1) Youth activities

(A) Youth opportunity grants

(i) In general

For each fiscal year in which the amount appropriated under

section 2872(a) of this title exceeds $1,000,000,000, the

Secretary shall reserve a portion of the amount to provide

youth opportunity grants and other activities under section

2914 of this title (relating to youth opportunity grants) and

provide youth activities under section 2912 of this title

(relating to migrant and seasonal farmworker programs).

(ii) Portion

The portion referred to in clause (i) shall equal, for a

fiscal year -

(I) except as provided in subclause (II), the difference

obtained by subtracting $1,000,000,000 from the amount

appropriated under section 2872(a) of this title for the

fiscal year; or

(II) for any fiscal year in which the amount is

$1,250,000,000 or greater, $250,000,000.

(iii) Youth activities for farmworkers

From the portion described in clause (i) for a fiscal year,

the Secretary shall make available 4 percent of such portion

to provide youth activities under section 2912 of this title.

(iv) Role model academy project

From the portion described in clause (i) for fiscal year

1999, the Secretary shall make available such sums as the

Secretary determines to be appropriate to carry out section

2914(g) of this title.

(B) Outlying areas

(i) In general

From the amount made available under subsection (a)(2) of

this section for a fiscal year, the Secretary shall reserve

not more than 1/4 of 1 percent of the amount appropriated

under section 2872(a) of this title for the fiscal year -

(I) to provide assistance to the outlying areas to carry

out youth activities and statewide workforce investment

activities; and

(II) for each of fiscal years 1999, 2000, and 2001, to

carry out the competition described in clause (ii), except

that the funds reserved to carry out such clause for any

such fiscal year shall not exceed the amount reserved for

the Freely Associated States for fiscal year 1997, from

amounts reserved under sections 252(a) and 262(a)(1) of the

Job Training Partnership Act (as in effect on the day

before August 7, 1998).

(ii) Limitation for Freely Associated States

(I) Competitive grants

The Secretary shall use funds described in clause (i)(II)

to award grants to Guam, American Samoa, the Commonwealth

of the Northern Mariana Islands, and the Freely Associated

States to carry out youth activities and statewide

workforce investment activities.

(II) Award basis

The Secretary shall award grants pursuant to subclause

(I) on a competitive basis and pursuant to the

recommendations of experts in the field of employment and

training, working through the Pacific Region Educational

Laboratory in Honolulu, Hawaii.

(III) Assistance requirements

Any Freely Associated State that desires to receive

assistance under this subparagraph shall submit an

application to the Secretary and shall include in the

application for assistance -

(aa) information demonstrating that the Freely

Associated State will meet all conditions that apply to

States under this chapter;

(bb) an assurance that, notwithstanding any other

provision of this chapter, the Freely Associated State

will use such assistance only for the direct provision of

services; and

(cc) such other information and assurances as the

Secretary may require.

(IV) Termination of eligibility

Notwithstanding any other provision of law, the Freely

Associated States shall not receive any assistance under

this subparagraph for any program year that begins after

September 30, 2001.

(V) Administrative costs

The Secretary may provide not more than 5 percent of the

funds made available for grants under subclause (I) to pay

the administrative costs of the Pacific Region Educational

Laboratory in Honolulu, Hawaii, regarding activities

assisted under this clause.

(iii) Additional requirement

The provisions of Public Law 95-134, permitting the

consolidation of grants by the outlying areas, shall not

apply to assistance provided to those areas, including the

Freely Associated States, under this subparagraph.

(C) States

(i) In general

After determining the amounts to be reserved under

subparagraph (A) (if any) and subparagraph (B), the Secretary

shall -

(I) from the amount referred to in subsection (a)(2) of

this section for a fiscal year, make available not more

than 1.5 percent to provide youth activities under section

2911 of this title (relating to Native Americans); and

(II) allot the remainder of the amount referred to in

subsection (a)(2) of this section for a fiscal year to the

States pursuant to clause (ii) for youth activities and

statewide workforce investment activities.

(ii) Formula

Subject to clauses (iii) and (iv), of the remainder -

(I) 33 1/3 percent shall be allotted on the basis of the

relative number of unemployed individuals in areas of

substantial unemployment in each State, compared to the

total number of unemployed individuals in areas of

substantial unemployment in all States;

(II) 33 1/3 percent shall be allotted on the basis of

the relative excess number of unemployed individuals in

each State, compared to the total excess number of

unemployed individuals in all States; and

(III) 33 1/3 percent shall be allotted on the basis of

the relative number of disadvantaged youth in each State,

compared to the total number of disadvantaged youth in all

States, except as described in clause (iii).

(iii) Calculation

In determining an allotment under clause (ii)(III) for any

State in which there is a local area designated under section

2831(a)(2)(B) of this title (relating to the area served by a

rural concentrated employment program grant recipient), the

allotment shall be based on the higher of -

(I) the number of individuals who are age 16 through 21

in families with an income below the low-income level in

such area; or

(II) the number of disadvantaged youth in such area.

(iv) Minimum and maximum percentages and minimum allotments

In making allotments under this subparagraph, the Secretary

shall ensure the following:

(I) Minimum percentage and allotment

Subject to subclause (IV), the Secretary shall ensure

that no State shall receive an allotment for a fiscal year

that is less than the greater of -

(aa) an amount based on 90 percent of the allotment

percentage of the State for the preceding fiscal year; or

(bb) 100 percent of the total of the allotments of the

State under sections 252 and 262 of the Job Training

Partnership Act (as in effect on the day before August 7,

1998) for fiscal year 1998.

(II) Small State minimum allotment

Subject to subclauses (I), (III), and (IV), the Secretary

shall ensure that no State shall receive an allotment under

this subparagraph that is less than the total of -

(aa) 3/10 of 1 percent of $1,000,000,000 of the

remainder described in clause (i)(II) for the fiscal

year; and

(bb) if the remainder described in clause (i)(II) for

the fiscal year exceeds $1,000,000,000, 2/5 of 1

percent of the excess.

(III) Maximum percentage

Subject to subclause (I), the Secretary shall ensure that

no State shall receive an allotment percentage for a fiscal

year that is more than 130 percent of the allotment

percentage of the State for the preceding fiscal year.

(IV) Minimum funding

In any fiscal year in which the remainder described in

clause (i)(II) does not exceed $1,000,000,000, the minimum

allotments under subclauses (I) and (II) shall be

calculated by the methodology for calculating the

corresponding allotments under parts B and C of title II of

the Job Training Partnership Act, as in effect on July 1,

1998.

(2) Definitions

For the purpose of the formula specified in paragraph (1)(C):

(A) Allotment percentage

The term "allotment percentage", used with respect to fiscal

year 2000 or a subsequent fiscal year, means a percentage of

the remainder described in paragraph (1)(C)(i)(II) that is

received through an allotment made under paragraph (1)(C) for

the fiscal year. The term, used with respect to fiscal year

1998 or 1999, means the percentage of the amounts allotted to

States under sections 252(b) and 262(a) of the Job Training

Partnership Act (as in effect on the day before August 7, 1998)

that is received under such sections by the State involved for

fiscal year 1998 or 1999.

(B) Area of substantial unemployment

The term "area of substantial unemployment" means any area

that is of sufficient size and scope to sustain a program of

workforce investment activities carried out under this

subchapter and that has an average rate of unemployment of at

least 6.5 percent for the most recent 12 months, as determined

by the Secretary. For purposes of this subparagraph,

determinations of areas of substantial unemployment shall be

made once each fiscal year.

(C) Disadvantaged youth

Subject to paragraph (3), the term "disadvantaged youth"

means an individual who is age 16 through 21 who received an

income, or is a member of a family that received a total family

income, that, in relation to family size, does not exceed the

higher of -

(i) the poverty line; or

(ii) 70 percent of the lower living standard income level.

(D) Excess number

The term "excess number" means, used with respect to the

excess number of unemployed individuals within a State, the

higher of -

(i) the number that represents the number of unemployed

individuals in excess of 4.5 percent of the civilian labor

force in the State; or

(ii) the number that represents the number of unemployed

individuals in excess of 4.5 percent of the civilian labor

force in areas of substantial unemployment in such State.

(E) Low-income level

The term "low-income level" means $7,000 with respect to

income in 1969, and for any later year means that amount that

bears the same relationship to $7,000 as the Consumer Price

Index for that year bears to the Consumer Price Index for 1969,

rounded to the nearest $1,000.

(3) Special rule

For the purpose of the formula specified in paragraph (1)(C),

the Secretary shall, as appropriate and to the extent

practicable, exclude college students and members of the Armed

Forces from the determination of the number of disadvantaged

youth.

(4) Definition

In this subsection, the term "Freely Associated State" means

the Republic of the Marshall Islands, the Federated States of

Micronesia, and the Republic of Palau.

(c) Reallotment

(1) In general

The Secretary shall, in accordance with this subsection,

reallot to eligible States amounts that are allotted under this

section for youth activities and statewide workforce investment

activities and that are available for reallotment.

(2) Amount

The amount available for reallotment for a program year is

equal to the amount by which the unobligated balance of the State

allotment under this section for such activities, at the end of

the program year prior to the program year for which the

determination under this paragraph is made, exceeds 20 percent of

such allotment for the prior program year.

(3) Reallotment

In making reallotments to eligible States of amounts available

pursuant to paragraph (2) for a program year, the Secretary shall

allot to each eligible State an amount based on the relative

amount allotted to such State under this section for such

activities for the prior program year, as compared to the total

amount allotted to all eligible States under this section for

such activities for such prior program year.

(4) Eligibility

For purposes of this subsection, an eligible State means a

State that has obligated at least 80 percent of the State

allotment under this section for such activities for the program

year prior to the program year for which the determination under

paragraph (2) is made.

(5) Procedures

The Governor of each State shall prescribe uniform procedures

for the obligation of funds by local areas within the State in

order to avoid the requirement that funds be made available for

reallotment under this subsection. The Governor shall further

prescribe equitable procedures for making funds available from

the State and local areas in the event that a State is required

to make funds available for reallotment under this subsection.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 127, Aug. 7, 1998, 112 Stat. 971.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 95-134, referred to in subsec. (b)(1)(B)(iii), is Pub.

L. 95-134, Oct. 15, 1977, 91 Stat. 1159, as amended. Provisions

relating to consolidation of grants are contained in section 501 of

Pub. L. 95-134 which is classified to section 1469a of Title 48,

Territories and Insular Possessions.

The Job Training Partnership Act, referred to in subsec.

(b)(1)(B)(i)(II), (C)(iv)(I)(bb), (IV), (2)(A), is Pub. L. 97-300,

Oct. 13, 1982, 96 Stat. 1322, as amended, which was repealed by

Pub. L. 105-220, title I, Sec. 199(b)(2), (c)(2)(B), Aug. 7, 1998,

112 Stat. 1059, effective July 1, 2000. Parts B and C of title II

of the Act were classified generally to parts B (Sec. 1630 et seq.)

and C (Sec. 1641 et seq.) of subchapter II of chapter 19 of this

title, respectively, prior to repeal by Pub. L. 105-220. Sections

252 and 262 of the Act were classified to sections 1631 and 1642 of

this title, respectively, prior to repeal by Pub. L. 105-220. For

complete classification of this Act to the Code, see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2801, 2822, 2831, 2851,

2853, 2854, 2862, 2864, 2871, 2872, 2912, 2914, 2932, 2944 of this

title.

-End-

-CITE-

29 USC Sec. 2853 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER II - STATEWIDE AND LOCAL WORKFORCE INVESTMENT SYSTEMS

Part D - Youth Activities

-HEAD-

Sec. 2853. Within State allocations

-STATUTE-

(a) Reservations for State activities

(1) In general

The Governor of a State shall reserve not more than 15 percent

of each of the amounts allotted to the State under section

2852(b)(1)(C) of this title and paragraphs (1)(B) and (2)(B) of

section 2862(b) of this title for a fiscal year for statewide

workforce investment activities.

(2) Use of funds

Regardless of whether the reserved amounts were allotted under

section 2852(b)(1)(C) of this title, or under paragraph (1)(B) or

(2)(B) of section 2862(b) of this title, the Governor may use the

reserved amounts to carry out statewide youth activities

described in section 2854(b) of this title or statewide

employment and training activities, for adults or for dislocated

workers, described in paragraph (2)(B) or (3) of section 2864(a)

of this title.

(b) Within State allocation

(1) Methods

The Governor, acting in accordance with the State plan, and

after consulting with chief elected officials in the local areas,

shall allocate the funds that are allotted to the State for youth

activities and statewide workforce investment activities under

section 2852(b)(1)(C) of this title and are not reserved under

subsection (a) of this section, in accordance with paragraph (2)

or (3).

(2) Formula allocation

(A) Youth activities

(i) Allocation

In allocating the funds described in paragraph (1) to local

areas, a State may allocate -

(I) 33 1/3 percent of the funds on the basis described

in section 2852(b)(1)(C)(ii)(I) of this title;

(II) 33 1/3 percent of the funds on the basis described

in section 2852(b)(1)(C)(ii)(II) of this title; and

(III) 33 1/3 percent of the funds on the basis described

in clauses (ii)(III) and (iii) of section 2852(b)(1)(C) of

this title.

(ii) Minimum percentage

Effective at the end of the second full fiscal year after

the date on which a local area is designated under section

2831 of this title, the local area shall not receive an

allocation percentage for a fiscal year that is less than 90

percent of the average allocation percentage of the local

area for the 2 preceding fiscal years. Amounts necessary for

increasing such allocations to local areas to comply with the

preceding sentence shall be obtained by ratably reducing the

allocations to be made to other local areas under this

subparagraph.

(iii) Definition

The term "allocation percentage", used with respect to

fiscal year 2000 or a subsequent fiscal year, means a

percentage of the funds referred to in clause (i), received

through an allocation made under this subparagraph, for the

fiscal year.

(B) Application

For purposes of carrying out subparagraph (A) -

(i) references in section 2852(b) of this title to a State

shall be deemed to be references to a local area;

(ii) references in section 2852(b) of this title to all

States shall be deemed to be references to all local areas in

the State involved; and

(iii) except as described in clause (i), references in

section 2852(b)(1) of this title to the term "excess number"

shall be considered to be references to the term as defined

in section 2852(b)(2) of this title.

(3) Youth discretionary allocation

In lieu of making the allocation described in paragraph (2)(A),

in allocating the funds described in paragraph (1) to local

areas, a State may distribute -

(A) a portion equal to not less than 70 percent of the funds

in accordance with paragraph (2)(A); and

(B) the remaining portion of the funds on the basis of a

formula that -

(i) incorporates additional factors (other than the factors

described in paragraph (2)(A)) relating to -

(I) excess youth poverty in urban, rural, and suburban

local areas; and

(II) excess unemployment above the State average in

urban, rural, and suburban local areas; and

(ii) was developed by the State board and approved by the

Secretary as part of the State plan.

(4) Limitation

(A) In general

Of the amount allocated to a local area under this subsection

and section 2863(b) of this title for a fiscal year, not more

than 10 percent of the amount may be used by the local board

for the administrative cost of carrying out local workforce

investment activities described in subsection (d) or (e) of

section 2864 of this title or in section 2854(c) of this title.

(B) Use of funds

Funds made available for administrative costs under

subparagraph (A) may be used for the administrative cost of any

of the local workforce investment activities described in

subsection (d) or (e) of section 2864 of this title or in

section 2854(c) of this title, regardless of whether the funds

were allocated under this subsection or section 2863(b) of this

title.

(C) Regulations

The Secretary, after consulting with the Governors, shall

develop and issue regulations that define the term

"administrative cost" for purposes of this chapter. Such

definition shall be consistent with generally accepted

accounting principles.

(c) Reallocation among local areas

(1) In general

The Governor may, in accordance with this subsection,

reallocate to eligible local areas within the State amounts that

are allocated under paragraph (2)(A) or (3) of subsection (b) of

this section for youth activities and that are available for

reallocation.

(2) Amount

The amount available for reallocation for a program year is

equal to the amount by which the unobligated balance of the local

area allocation under paragraph (2)(A) or (3) of subsection (b)

of this section for such activities, at the end of the program

year prior to the program year for which the determination under

this paragraph is made exceeds 20 percent of such allocation for

the prior program year.

(3) Reallocation

In making reallocations to eligible local areas of amounts

available pursuant to paragraph (2) for a program year, the

Governor shall allocate to each eligible local area within the

State an amount based on the relative amount allocated to such

local area under subsection (b)(3) of this section for such

activities for the prior program year, as compared to the total

amount allocated to all eligible local areas in the State under

subsection (b)(3) of this section for such activities for such

prior program year. For purposes of this paragraph, local areas

that received allocations under subsection (b)(2)(A) of this

section for the prior program year shall be treated as if the

local areas received allocations under subsection (b)(3) of this

section for such year.

(4) Eligibility

For purposes of this subsection, an eligible local area means a

local area that has obligated at least 80 percent of the local

area allocation under paragraph (2)(A) or (3) of subsection (b)

of this section for such activities, for the program year prior

to the program year for which the determination under paragraph

(2) is made.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 128, Aug. 7, 1998, 112 Stat. 976.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2821, 2822, 2832, 2842,

2843, 2854, 2863, 2864, 2932 of this title.

-End-

-CITE-

29 USC Sec. 2854 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER II - STATEWIDE AND LOCAL WORKFORCE INVESTMENT SYSTEMS

Part D - Youth Activities

-HEAD-

Sec. 2854. Use of funds for youth activities

-STATUTE-

(a) Purposes

The purposes of this section are -

(1) to provide, to eligible youth seeking assistance in

achieving academic and employment success, effective and

comprehensive activities, which shall include a variety of

options for improving educational and skill competencies and

provide effective connections to employers;

(2) to ensure on-going mentoring opportunities for eligible

youth with adults committed to providing such opportunities;

(3) to provide opportunities for training to eligible youth;

(4) to provide continued supportive services for eligible

youth;

(5) to provide incentives for recognition and achievement to

eligible youth; and

(6) to provide opportunities for eligible youth in activities

related to leadership, development, decisionmaking, citizenship,

and community service.

(b) Statewide youth activities

(1) In general

Funds reserved by a Governor for a State as described in

sections 2853(a) and 2863(a)(1) of this title -

(A) shall be used to carry out the statewide youth activities

described in paragraph (2); and

(B) may be used to carry out any of the statewide youth

activities described in paragraph (3),

regardless of whether the funds were allotted to the State under

section 2852(b)(1) of this title or under paragraph (1) or (2) of

section 2862(b) of this title.

(2) Required statewide youth activities

A State shall use funds reserved as described in sections

2853(a) and 2863(a)(1) of this title (regardless of whether the

funds were allotted to the State under section 2852(b)(1) of this

title or paragraph (1) or (2) of section 2862(b) of this title)

to carry out statewide youth activities, which shall include -

(A) disseminating a list of eligible providers of youth

activities described in section 2843 of this title;

(B) carrying out activities described in clauses (ii) through

(vi) of section 2864(a)(2)(B) of this title, except that

references in such clauses to activities authorized under

section 2864 of this title shall be considered to be references

to activities authorized under this section; and

(C) providing additional assistance to local areas that have

high concentrations of eligible youth to carry out the

activities described in subsection (c) of this section.

(3) Allowable statewide youth activities

A State may use funds reserved as described in sections 2853(a)

and 2863(a)(1) of this title (regardless of whether the funds

were allotted to the State under section 2852(b)(1) of this title

or paragraph (1) or (2) of section 2862(b) of this title) to

carry out additional statewide youth activities, which may

include -

(A) carrying out activities described in clauses (i), (ii),

(iii), (iv)(II), and (vi)(II) of section 2864(a)(3)(A) of this

title, except that references in such clauses to activities

authorized under section 2864 of this title shall be considered

to be references to activities authorized under this section;

and

(B) carrying out, on a statewide basis, activities described

in subsection (c) of this section.

(4) Prohibition

No funds described in this subsection or section 2864(a) of

this title shall be used to develop or implement education

curricula for school systems in the State.

(c) Local elements and requirements

(1) Program design

Funds allocated to a local area for eligible youth under

paragraph (2)(A) or (3), as appropriate, of section 2853(b) of

this title shall be used to carry out, for eligible youth,

programs that -

(A) provide an objective assessment of the academic levels,

skill levels, and service needs of each participant, which

assessment shall include a review of basic skills, occupational

skills, prior work experience, employability, interests,

aptitudes (including interests and aptitudes for nontraditional

jobs), supportive service needs, and developmental needs of

such participant, except that a new assessment of a participant

is not required if the provider carrying out such a program

determines it is appropriate to use a recent assessment of the

participant conducted pursuant to another education or training

program;

(B) develop service strategies for each participant that

shall identify an employment goal (including, in appropriate

circumstances, nontraditional employment), appropriate

achievement objectives, and appropriate services for the

participant taking into account the assessment conducted

pursuant to subparagraph (A), except that a new service

strategy for a participant is not required if the provider

carrying out such a program determines it is appropriate to use

a recent service strategy developed for the participant under

another education or training program; and

(C) provide -

(i) preparation for postsecondary educational

opportunities, in appropriate cases;

(ii) strong linkages between academic and occupational

learning;

(iii) preparation for unsubsidized employment

opportunities, in appropriate cases; and

(iv) effective connections to intermediaries with strong

links to -

(I) the job market; and

(II) local and regional employers.

(2) Program elements

The programs described in paragraph (1) shall provide elements

consisting of -

(A) tutoring, study skills training, and instruction, leading

to completion of secondary school, including dropout prevention

strategies;

(B) alternative secondary school services, as appropriate;

(C) summer employment opportunities that are directly linked

to academic and occupational learning;

(D) as appropriate, paid and unpaid work experiences,

including internships and job shadowing;

(E) occupational skill training, as appropriate;

(F) leadership development opportunities, which may include

community service and peer-centered activities encouraging

responsibility and other positive social behaviors during

non-school hours, as appropriate;

(G) supportive services;

(H) adult mentoring for the period of participation and a

subsequent period, for a total of not less than 12 months;

(I) followup services for not less than 12 months after the

completion of participation, as appropriate; and

(J) comprehensive guidance and counseling, which may include

drug and alcohol abuse counseling and referral, as appropriate.

(3) Additional requirements

(A) Information and referrals

Each local board shall ensure that each participant or

applicant who meets the minimum income criteria to be

considered an eligible youth shall be provided -

(i) information on the full array of applicable or

appropriate services that are available through the local

board or other eligible providers or one-stop partners,

including those receiving funds under this subchapter; and

(ii) referral to appropriate training and educational

programs that have the capacity to serve the participant or

applicant either on a sequential or concurrent basis.

(B) Applicants not meeting enrollment requirements

Each eligible provider of a program of youth activities shall

ensure that an eligible applicant who does not meet the

enrollment requirements of the particular program or who cannot

be served shall be referred for further assessment, as

necessary, and referred to appropriate programs in accordance

with subparagraph (A) to meet the basic skills and training

needs of the applicant.

(C) Involvement in design and implementation

The local board shall ensure that parents, participants, and

other members of the community with experience relating to

programs for youth are involved in the design and

implementation of the programs described in paragraph (1).

(4) Priority

(A) In general

At a minimum, 30 percent of the funds described in paragraph

(1) shall be used to provide youth activities to out-of-school

youth.

(B) Exception

A State that receives a minimum allotment under section

2852(b)(1) of this title in accordance with section

2852(b)(1)(C)(iv)(II) of this title or under section 2862(b)(1)

of this title in accordance with section 2862(b)(1)(B)(iv)(II)

of this title may reduce the percentage described in

subparagraph (A) for a local area in the State, if -

(i) after an analysis of the eligible youth population in

the local area, the State determines that the local area will

be unable to meet the percentage described in subparagraph

(A) due to a low number of out-of-school youth; and

(ii)(I) the State submits to the Secretary, for the local

area, a request including a proposed reduced percentage for

purposes of subparagraph (A), and the summary of the eligible

youth population analysis; and

(II) the request is approved by the Secretary.

(5) Exceptions

Not more than 5 percent of participants assisted under this

section in each local area may be individuals who do not meet the

minimum income criteria to be considered eligible youth, if such

individuals are within one or more of the following categories:

(A) Individuals who are school dropouts.

(B) Individuals who are basic skills deficient.

(C) Individuals with educational attainment that is one or

more grade levels below the grade level appropriate to the age

of the individuals.

(D) Individuals who are pregnant or parenting.

(E) Individuals with disabilities, including learning

disabilities.

(F) Individuals who are homeless or runaway youth.

(G) Individuals who are offenders.

(H) Other eligible youth who face serious barriers to

employment as identified by the local board.

(6) Prohibitions

(A) Prohibition against Federal control of education

No provision of this Act shall be construed to authorize any

department, agency, officer, or employee of the United States

to exercise any direction, supervision, or control over the

curriculum, program of instruction, administration, or

personnel of any educational institution, school, or school

system, or over the selection of library resources, textbooks,

or other printed or published instructional materials by any

educational institution, school, or school system.

(B) Nonduplication

All of the funds made available under this Act shall be used

in accordance with the requirements of this Act. None of the

funds made available under this Act may be used to provide

funding under the School-to-Work Opportunities Act of 1994 (20

U.S.C. 6101 et seq.) or to carry out, through programs funded

under this Act, activities that were funded under the

School-to-Work Opportunities Act of 1994, unless the programs

funded under this Act serve only those participants eligible to

participate in the programs under this Act.

(C) Noninterference and nonreplacement of regular academic

requirements

No funds described in paragraph (1) shall be used to provide

an activity for eligible youth who are not school dropouts if

participation in the activity would interfere with or replace

the regular academic requirements of the youth.

(7) Linkages

In coordinating the programs authorized under this section,

youth councils shall establish linkages with educational agencies

responsible for services to participants as appropriate.

(8) Volunteers

The local board shall make opportunities available for

individuals who have successfully participated in programs

carried out under this section to volunteer assistance to

participants in the form of mentoring, tutoring, and other

activities.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 129, Aug. 7, 1998, 112 Stat. 978.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (c)(6)(A), (B), is Pub. L.

105-220, Aug. 7, 1998, 112 Stat. 936, as amended, known as the

Workforce Investment Act of 1998. For complete classification of

this Act to the Code, see Short Title note set out under section

9201 of Title 20, Education, and Tables.

The School-to-Work Opportunities Act of 1994, referred to in

subsec. (c)(6)(B), is Pub. L. 103-239, May 4, 1994, 108 Stat. 568,

as amended, which is classified principally to chapter 69 (Sec.

6101 et seq.) of Title 20, Education. For complete classification

of this Act to the Code, see Short Title note set out under section

6101 of Title 20 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2801, 2822, 2832, 2853,

2864, 2871, 2914 of this title.

-End-

-CITE-

29 USC Part E - Adult and Dislocated Worker Employment

and Training Activities 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER II - STATEWIDE AND LOCAL WORKFORCE INVESTMENT SYSTEMS

Part E - Adult and Dislocated Worker Employment and Training

Activities

-HEAD-

PART E - ADULT AND DISLOCATED WORKER EMPLOYMENT AND TRAINING

ACTIVITIES

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in title 20 section 2411.

-End-

-CITE-

29 USC Sec. 2861 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER II - STATEWIDE AND LOCAL WORKFORCE INVESTMENT SYSTEMS

Part E - Adult and Dislocated Worker Employment and Training

Activities

-HEAD-

Sec. 2861. General authorization

-STATUTE-

The Secretary shall make allotments under paragraphs (1)(B) and

(2)(B) of section 2862(b) of this title to each State that meets

the requirements of section 2822 of this title and a grant to each

outlying area that complies with the requirements of this chapter,

to assist the State or outlying area, and to enable the State or

outlying area to assist local areas, for the purpose of providing

workforce investment activities for adults, and dislocated workers,

in the State or outlying area and in the local areas.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 131, Aug. 7, 1998, 112 Stat. 982.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

title" meaning title I of Pub. L. 105-220, Aug. 7, 1998, 112 Stat.

939, as amended, which enacted this chapter, repealed sections 1501

to 1505, 1511 to 1583, 1592 to 1735, 1737 to 1791h, 1792 to 1792b,

2301 to 2314 of this title, section 211 of former Title 40,

Appendix, Public Buildings, Property, and Works, sections 11421,

11441 to 11447, 11449, 11450, 11461 to 11466, 11471, and 11472 of

Title 42, The Public Health and Welfare, and sections 42101 to

42106 of Title 49, Transportation, enacted provisions set out as

notes under sections 1501, 2301, and 2940 of this title and section

11421 of Title 42, and repealed provisions set out as notes under

sections 801 and 2301 of this title and section 1255a of Title 8,

Aliens and Nationality. For complete classification of title I to

the Code, see Tables.

-End-

-CITE-

29 USC Sec. 2862 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER II - STATEWIDE AND LOCAL WORKFORCE INVESTMENT SYSTEMS

Part E - Adult and Dislocated Worker Employment and Training

Activities

-HEAD-

Sec. 2862. State allotments

-STATUTE-

(a) In general

The Secretary shall -

(1) make allotments and grants from the total amount

appropriated under section 2872(b) of this title for a fiscal

year in accordance with subsection (b)(1) of this section; and

(2)(A) reserve 20 percent of the amount appropriated under

section 2872(c) of this title for a fiscal year for use under

subsection (b)(2)(A) of this section, and under sections 2915(b)

(relating to dislocated worker technical assistance), 2916(d)

(relating to dislocated worker projects), and 2918 (relating to

national emergency grants, other than under subsection (!1)

(a)(4), (f), and (g)) of this title; and

(B) make allotments from 80 percent of the amount appropriated

under section 2872(c) of this title for a fiscal year in

accordance with subsection (b)(2)(B) of this section.

(b) Allotment among States

(1) Adult employment and training activities

(A) Reservation for outlying areas

(i) In general

From the amount made available under subsection (a)(1) of

this section for a fiscal year, the Secretary shall reserve

not more than 1/4 of 1 percent to provide assistance to the

outlying areas.

(ii) Applicability of additional requirements

From the amount reserved under clause (i), the Secretary

shall provide assistance to the outlying areas for adult

employment and training activities and statewide workforce

investment activities in accordance with the requirements of

section 2852(b)(1)(B) of this title, except that the

reference in section 2852(b)(1)(B)(i)(II) of this title to

sections 252(d) and 262(a)(1) of the Job Training Partnership

Act shall be deemed to be a reference to section 202(a)(1) of

the Job Training Partnership Act (as in effect on the day

before August 7, 1998).

(B) States

(i) In general

After determining the amount to be reserved under

subparagraph (A), the Secretary shall allot the remainder of

the amount referred to in subsection (a)(1) of this section

for a fiscal year to the States pursuant to clause (ii) for

adult employment and training activities and statewide

workforce investment activities.

(ii) Formula

Subject to clauses (iii) and (iv), of the remainder -

(I) 33 1/3 percent shall be allotted on the basis of the

relative number of unemployed individuals in areas of

substantial unemployment in each State, compared to the

total number of unemployed individuals in areas of

substantial unemployment in all States;

(II) 33 1/3 percent shall be allotted on the basis of

the relative excess number of unemployed individuals in

each State, compared to the total excess number of

unemployed individuals in all States; and

(III) 33 1/3 percent shall be allotted on the basis of

the relative number of disadvantaged adults in each State,

compared to the total number of disadvantaged adults in all

States, except as described in clause (iii).

(iii) Calculation

In determining an allotment under clause (ii)(III) for any

State in which there is a local area designated under section

2831(a)(2)(B) of this title, the allotment shall be based on

the higher of -

(I) the number of adults in families with an income below

the low-income level in such area; or

(II) the number of disadvantaged adults in such area.

(iv) Minimum and maximum percentages and minimum allotments

In making allotments under this subparagraph, the Secretary

shall ensure the following:

(I) Minimum percentage and allotment

Subject to subclause (IV), the Secretary shall ensure

that no State shall receive an allotment for a fiscal year

that is less than the greater of -

(aa) an amount based on 90 percent of the allotment

percentage of the State for the preceding fiscal year; or

(bb) 100 percent of the allotment of the State under

section 202 of the Job Training Partnership Act (as in

effect on the day before August 7, 1998) for fiscal year

1998.

(II) Small State minimum allotment

Subject to subclauses (I), (III), and (IV), the Secretary

shall ensure that no State shall receive an allotment under

this subparagraph that is less than the total of -

(aa) 3/10 of 1 percent of $960,000,000 of the

remainder described in clause (i) for the fiscal year;

and

(bb) if the remainder described in clause (i) for the

fiscal year exceeds $960,000,000, 2/5 of 1 percent of

the excess.

(III) Maximum percentage

Subject to subclause (I), the Secretary shall ensure that

no State shall receive an allotment percentage for a fiscal

year that is more than 130 percent of the allotment

percentage of the State for the preceding fiscal year.

(IV) Minimum funding

In any fiscal year in which the remainder described in

clause (i) does not exceed $960,000,000, the minimum

allotments under subclauses (I) and (II) shall be

calculated by the methodology for calculating the

corresponding allotments under part A of title II of the

Job Training Partnership Act, as in effect on July 1, 1998.

(v) Definitions

For the purpose of the formula specified in this

subparagraph:

(I) Adult

The term "adult" means an individual who is not less than

age 22 and not more than age 72.

(II) Allotment percentage

The term "allotment percentage", used with respect to

fiscal year 2000 or a subsequent fiscal year, means a

percentage of the remainder described in clause (i) that is

received through an allotment made under this subparagraph

for the fiscal year. The term, used with respect to fiscal

year 1998 or 1999, means the percentage of the amounts

allotted to States under section 202(a) of the Job Training

Partnership Act (as in effect on the day before August 7,

1998) that is received under such section by the State

involved for fiscal year 1998 or 1999.

(III) Area of substantial unemployment

The term "area of substantial unemployment" means any

area that is of sufficient size and scope to sustain a

program of workforce investment activities carried out

under this subchapter and that has an average rate of

unemployment of at least 6.5 percent for the most recent 12

months, as determined by the Secretary. For purposes of

this subclause, determinations of areas of substantial

unemployment shall be made once each fiscal year.

(IV) Disadvantaged adult

Subject to subclause (V), the term "disadvantaged adult"

means an adult who received an income, or is a member of a

family that received a total family income, that, in

relation to family size, does not exceed the higher of -

(aa) the poverty line; or

(bb) 70 percent of the lower living standard income

level.

(V) Disadvantaged adult special rule

The Secretary shall, as appropriate and to the extent

practicable, exclude college students and members of the

Armed Forces from the determination of the number of

disadvantaged adults.

(VI) Excess number

The term "excess number" means, used with respect to the

excess number of unemployed individuals within a State, the

higher of -

(aa) the number that represents the number of

unemployed individuals in excess of 4.5 percent of the

civilian labor force in the State; or

(bb) the number that represents the number of

unemployed individuals in excess of 4.5 percent of the

civilian labor force in areas of substantial unemployment

in such State.

(2) Dislocated worker employment and training

(A) Reservation for outlying areas

(i) In general

From the amount made available under subsection (a)(2)(A)

of this section for a fiscal year, the Secretary shall

reserve not more than 1/4 of 1 percent of the amount

appropriated under section 2872(c) of this title for the

fiscal year to provide assistance to the outlying areas.

(ii) Applicability of additional requirements

From the amount reserved under clause (i), the Secretary

shall provide assistance to the outlying areas for dislocated

worker employment and training activities and statewide

workforce investment activities in accordance with the

requirements of section 2852(b)(1)(B) of this title, except

that the reference in section 2852(b)(1)(B)(i)(II) of this

title to sections 252(a) and 262(a)(1) of the Job Training

Partnership Act shall be deemed to be a reference to section

302(e) of the Job Training Partnership Act (as in effect on

the day before August 7, 1998).

(B) States

(i) In general

The Secretary shall allot the amount referred to in

subsection (a)(2)(B) of this section for a fiscal year to the

States pursuant to clause (ii) for dislocated worker

employment and training activities and statewide workforce

investment activities.

(ii) Formula

Of the amount -

(I) 33 1/3 percent shall be allotted on the basis of the

relative number of unemployed individuals in each State,

compared to the total number of unemployed individuals in

all States;

(II) 33 1/3 percent shall be allotted on the basis of

the relative excess number of unemployed individuals in

each State, compared to the total excess number of

unemployed individuals in all States; and

(III) 33 1/3 percent shall be allotted on the basis of

the relative number of individuals in each State who have

been unemployed for 15 weeks or more, compared to the total

number of individuals in all States who have been

unemployed for 15 weeks or more.

(iii) Definition

In this subparagraph, the term "excess number" means, used

with respect to the excess number of unemployed individuals

within a State, the number that represents the number of

unemployed individuals in excess of 4.5 percent of the

civilian labor force in the State.

(3) Definitions

For the purpose of the formulas specified in this subsection:

(A) Freely Associated States

The term "Freely Associated States" means the Republic of the

Marshall Islands, the Federated States of Micronesia, and the

Republic of Palau.

(B) Low-income level

The term "low-income level" means $7,000 with respect to

income in 1969, and for any later year means that amount that

bears the same relationship to $7,000 as the Consumer Price

Index for that year bears to the Consumer Price Index for 1969,

rounded to the nearest $1,000.

(c) Reallotment

(1) In general

The Secretary shall, in accordance with this subsection,

reallot to eligible States amounts that are allotted under this

section for employment and training activities and statewide

workforce investment activities and that are available for

reallotment.

(2) Amount

The amount available for reallotment for a program year is

equal to the amount by which the unobligated balance of the State

allotments under this section for such activities, at the end of

the program year prior to the program year for which the

determination under this paragraph is made, exceeds 20 percent of

such allotments for the prior program year.

(3) Reallotment

In making reallotments to eligible States of amounts available

pursuant to paragraph (2) for a program year, the Secretary shall

allot to each eligible State an amount based on the relative

amount allotted to such State under this section for such

activities for the prior program year, as compared to the total

amount allotted to all eligible States under this section for

such activities for such prior program year.

(4) Eligibility

For purposes of this subsection, an eligible State means a

State that has obligated at least 80 percent of the State

allotment under this section for such activities for the program

year prior to the program year for which the determination under

paragraph (2) is made.

(5) Procedures

The Governor of each State shall prescribe uniform procedures

for the obligation of funds by local areas within the State in

order to avoid the requirement that funds be made available for

reallotment under this subsection. The Governor shall further

prescribe equitable procedures for making funds available from

the State and local areas in the event that a State is required

to make funds available for reallotment under this subsection.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 132, Aug. 7, 1998, 112 Stat. 983;

Pub. L. 107-210, div. A, title II, Sec. 203(d), Aug. 6, 2002, 116

Stat. 969.)

-REFTEXT-

REFERENCES IN TEXT

The Job Training Partnership Act, referred to in subsec.

(b)(1)(A)(ii), (B)(iv)(I)(bb), (IV), (v)(II), (2)(A)(ii), is Pub.

L. 97-300, Oct. 13, 1982, 96 Stat. 1322, as amended, which was

repealed by Pub. L. 105-220, title I, Sec. 199(b)(2), (c)(2)(B),

Aug. 7, 1998, 112 Stat. 1059, effective July 1, 2000. Part A of

title II of the Act was classified generally to part A (Sec. 1601

et seq.) of subchapter II of chapter 19 of this title, prior to

repeal by Pub. L. 105-220. Sections 202, 252, 262, and 302 of the

Act were classified to sections 1602, 1631, 1642, and 1652 of this

title, respectively, prior to repeal by Pub. L. 105-220. For

complete classification of this Act to the Code, see Tables.

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(2)(A). Pub. L. 107-210 inserted ", other than

under subsection (a)(4), (f), and (g)" after "national emergency

grants".

CONSTRUCTION OF 2002 AMENDMENT

Nothing in amendment by Pub. L. 107-210, other than provisions

relating to COBRA continuation coverage and reporting requirements,

to be construed as creating new mandate on any party regarding

health insurance coverage, see section 203(f) of Pub. L. 107-210,

set out as a note under section 2918 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2801, 2822, 2831, 2853,

2854, 2861, 2863, 2864, 2871, 2872, 2915, 2916, 2918, 2932, 2944 of

this title.

-FOOTNOTE-

(!1) So in original. Probably should be "subsections".

-End-

-CITE-

29 USC Sec. 2863 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER II - STATEWIDE AND LOCAL WORKFORCE INVESTMENT SYSTEMS

Part E - Adult and Dislocated Worker Employment and Training

Activities

-HEAD-

Sec. 2863. Within State allocations

-STATUTE-

(a) Reservations for State activities

(1) Statewide workforce investment activities

The Governor of a State shall make the reservation required

under section 2853(a) of this title.

(2) Statewide rapid response activities

The Governor of the State shall reserve not more than 25

percent of the total amount allotted to the State under section

2862(b)(2)(B) of this title for a fiscal year for statewide rapid

response activities described in section 2864(a)(2)(A) of this

title.

(b) Within State allocation

(1) Methods

The Governor, acting in accordance with the State plan, and

after consulting with chief elected officials in the local areas,

shall allocate -

(A) the funds that are allotted to the State for adult

employment and training activities and statewide workforce

investment activities under section 2862(b)(1)(B) of this title

and are not reserved under subsection (a)(1) of this section,

in accordance with paragraph (2) or (3); and

(B) the funds that are allotted to the State for dislocated

worker employment and training activities under section

2862(b)(2)(B) of this title and are not reserved under

paragraph (1) or (2) of subsection (a) of this section, in

accordance with paragraph (2).

(2) Formula allocations

(A) Adult employment and training activities

(i) Allocation

In allocating the funds described in paragraph (1)(A) to

local areas, a State may allocate -

(I) 33 1/3 percent of the funds on the basis described

in section 2862(b)(1)(B)(ii)(I) of this title;

(II) 33 1/3 percent of the funds on the basis described

in section 2862(b)(1)(B)(ii)(II) of this title; and

(III) 33 1/3 percent of the funds on the basis described

in clauses (ii)(III) and (iii) of section 2862(b)(1)(B) of

this title.

(ii) Minimum percentage

Effective at the end of the second full fiscal year after

the date on which a local area is designated under section

2831 of this title, the local area shall not receive an

allocation percentage for a fiscal year that is less than 90

percent of the average allocation percentage of the local

area for the 2 preceding fiscal years. Amounts necessary for

increasing such allocations to local areas to comply with the

preceding sentence shall be obtained by ratably reducing the

allocations to be made to other local areas under this

subparagraph.

(iii) Definition

The term "allocation percentage", used with respect to

fiscal year 2000 or a subsequent fiscal year, means a

percentage of the funds referred to in clause (i), received

through an allocation made under this subparagraph, for the

fiscal year.

(B) Dislocated worker employment and training activities

(i) Formula

In allocating the funds described in paragraph (1)(B) to

local areas, a State shall allocate the funds based on an

allocation formula prescribed by the Governor of the State.

Such formula may be amended by the Governor not more than

once for each program year. Such formula shall utilize the

most appropriate information available to the Governor to

distribute amounts to address the State's worker readjustment

assistance needs.

(ii) Information

The information described in clause (i) shall include

insured unemployment data, unemployment concentrations, plant

closing and mass layoff data, declining industries data,

farmer-rancher economic hardship data, and long-term

unemployment data.

(C) Application

For purposes of carrying out subparagraph (A) -

(i) references in section 2862(b) of this title to a State

shall be deemed to be references to a local area;

(ii) references in section 2862(b) of this title to all

States shall be deemed to be references to all local areas in

the State involved; and

(iii) except as described in clause (i), references in

section 2862(b)(1) of this title to the term "excess number"

shall be considered to be references to the term as defined

in section 2862(b)(1) of this title.

(3) Adult employment and training discretionary allocations

In lieu of making the allocation described in paragraph (2)(A),

in allocating the funds described in paragraph (1)(A) to local

areas, a State may distribute -

(A) a portion equal to not less than 70 percent of the funds

in accordance with paragraph (2)(A); and

(B) the remaining portion of the funds on the basis of a

formula that -

(i) incorporates additional factors (other than the factors

described in paragraph (2)(A)) relating to -

(I) excess poverty in urban, rural, and suburban local

areas; and

(II) excess unemployment above the State average in

urban, rural, and suburban local areas; and

(ii) was developed by the State board and approved by the

Secretary as part of the State plan.

(4) Transfer authority

A local board may transfer, if such a transfer is approved by

the Governor, not more than 20 percent of the funds allocated to

the local area under paragraph (2)(A) or (3), and 20 percent of

the funds allocated to the local area under paragraph (2)(B), for

a fiscal year between -

(A) adult employment and training activities; and

(B) dislocated worker employment and training activities.

(5) Allocation

(A) In general

The Governor of the State shall allocate the funds described

in paragraph (1) to local areas under paragraphs (2) and (3)

for the purpose of providing a single system of employment and

training activities for adults and dislocated workers in

accordance with subsections (d) and (e) of section 2864 of this

title.

(B) Additional requirements

(i) Adults

Funds allocated under paragraph (2)(A) or (3) shall be used

by a local area to contribute proportionately to the costs of

the one-stop delivery system described in section 2864(c) of

this title in the local area, and to pay for employment and

training activities provided to adults in the local area,

consistent with section 2864 of this title.

(ii) Dislocated workers

Funds allocated under paragraph (2)(B) shall be used by a

local area to contribute proportionately to the costs of the

one-stop delivery system described in section 2864(c) of this

title in the local area, and to pay for employment and

training activities provided to dislocated workers in the

local area, consistent with section 2864 of this title.

(c) Reallocation among local areas

(1) In general

The Governor may, in accordance with this subsection,

reallocate to eligible local areas within the State amounts that

are allocated under paragraph (2)(A) or (3) of subsection (b) of

this section for adult employment and training activities and

that are available for reallocation.

(2) Amount

The amount available for reallocation for a program year is

equal to the amount by which the unobligated balance of the local

area allocation under paragraph (2)(A) or (3) of subsection (b)

of this section for such activities, at the end of the program

year prior to the program year for which the determination under

this paragraph is made exceeds 20 percent of such allocation for

the prior program year.

(3) Reallocation

In making reallocations to eligible local areas of amounts

available pursuant to paragraph (2) for a program year, the

Governor shall allocate to each eligible local area within the

State an amount based on the relative amount allocated to such

local area under subsection (b)(3) of this section for such

activities for the prior program year, as compared to the total

amount allocated to all eligible local areas in the State under

subsection (b)(3) of this section for such activities for such

prior program year. For purposes of this paragraph, local areas

that received allocations under subsection (b)(2)(A) of this

section for the prior program year shall be treated as if the

local areas received allocations under subsection (b)(3) of this

section for such year.

(4) Eligibility

For purposes of this subsection, an eligible local area means a

local area that has obligated at least 80 percent of the local

area allocation under paragraph (2)(A) or (3) of subsection (b)

of this section for such activities, for the program year prior

to the program year for which the determination under paragraph

(2) is made.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 133, Aug. 7, 1998, 112 Stat. 987.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2821, 2822, 2832, 2842,

2853, 2854, 2864, 2916, 2918, 2932 of this title.

-End-

-CITE-

29 USC Sec. 2864 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER II - STATEWIDE AND LOCAL WORKFORCE INVESTMENT SYSTEMS

Part E - Adult and Dislocated Worker Employment and Training

Activities

-HEAD-

Sec. 2864. Use of funds for employment and training activities

-STATUTE-

(a) Statewide employment and training activities

(1) In general

Funds reserved by a Governor for a State -

(A) as described in section 2863(a)(2) of this title shall be

used to carry out the statewide rapid response activities

described in paragraph (2)(A); and

(B) as described in sections 2853(a) and 2863(a)(1) of this

title -

(i) shall be used to carry out the statewide employment and

training activities described in paragraph (2)(B); and

(ii) may be used to carry out any of the statewide

employment and training activities described in paragraph

(3),

regardless of whether the funds were allotted to the State

under section 2852(b)(1) of this title or under paragraph (1)

or (2) of section 2862(b) of this title.

(2) Required statewide employment and training activities

(A) Statewide rapid response activities

A State shall use funds reserved as described in section

2863(a)(2) of this title to carry out statewide rapid response

activities, which shall include -

(i) provision of rapid response activities, carried out in

local areas by the State or by an entity designated by the

State, working in conjunction with the local boards and the

chief elected officials in the local areas; and

(ii) provision of additional assistance to local areas that

experience disasters, mass layoffs or plant closings, or

other events that precipitate substantial increases in the

number of unemployed individuals, carried out in local areas

by the State or by an entity designated by the State, working

in conjunction with the local boards and the chief elected

officials in the local areas.

(B) Other required statewide employment and training activities

A State shall use funds reserved as described in sections

2853(a) and 2863(a)(1) of this title (regardless of whether the

funds were allotted to the State under section 2852(b)(1) of

this title or paragraph (1) or (2) of section 2862(b) of this

title) to carry out other statewide employment and training

activities, which shall include -

(i) disseminating the State list of eligible providers of

training services, including eligible providers of

nontraditional training services, information identifying

eligible providers of on-the-job training and customized

training, and performance information and program cost

information, as described in subsections (e) and (h) of

section 2842 of this title;

(ii) conducting evaluations, under section 2871(e) of this

title, of activities authorized in this section, in

coordination with the activities carried out under section

2917 of this title;

(iii) providing incentive grants to local areas for

regional cooperation among local boards (including local

boards for a designated region as described in section

2831(c) of this title), for local coordination of activities

carried out under this Act, and for exemplary performance by

local areas on the local performance measures;

(iv) providing technical assistance to local areas that

fail to meet local performance measures;

(v) assisting in the establishment and operation of

one-stop delivery systems described in subsection (c) of this

section; and

(vi) operating a fiscal and management accountability

information system under section 2871(f) of this title.

(3) Allowable statewide employment and training activities

(A) In general

A State may use funds reserved as described in sections

2853(a) and 2863(a)(1) of this title (regardless of whether the

funds were allotted to the State under section 2852(b)(1) of

this title or paragraph (1) or (2) of section 2862(b) of this

title) to carry out additional statewide employment and

training activities, which may include -

(i) subject to subparagraph (B), administration by the

State of the activities authorized under this section;

(ii) provision of capacity building and technical

assistance to local areas, one-stop operators, one-stop

partners, and eligible providers, including the development

and training of staff and the development of exemplary

program activities;

(iii) conduct of research and demonstrations;

(iv)(I) implementation of innovative incumbent worker

training programs, which may include the establishment and

implementation of an employer loan program to assist in

skills upgrading; and

(II) the establishment and implementation of programs

targeted to empowerment zones and enterprise communities;

(v) support for the identification of eligible providers of

training services as required under section 2842 of this

title;

(vi)(I) implementation of innovative programs for displaced

homemakers, which for purposes of this subclause may include

an individual who is receiving public assistance and is

within 2 years of exhausting lifetime eligibility under part

A of title IV of the Social Security Act (42 U.S.C. 601 et

seq.); and

(II) implementation of programs to increase the number of

individuals training for and placed in nontraditional

employment; and

(vii) carrying out other activities authorized in this

section that the State determines to be necessary to assist

local areas in carrying out activities described in

subsection (d) or (e) of this section through the statewide

workforce investment system.

(B) Limitation

(i) In general

Of the funds allotted to a State under sections 2852(b) and

2862(b) of this title and reserved as described in sections

2853(a) and 2863(a)(1) of this title for a fiscal year -

(I) not more than 5 percent of the amount allotted under

section 2852(b)(1) of this title;

(II) not more than 5 percent of the amount allotted under

section 2862(b)(1) of this title; and

(III) not more than 5 percent of the amount allotted

under section 2862(b)(2) of this title,

may be used by the State for the administration of youth

activities carried out under section 2854 of this title and

employment and training activities carried out under this

section.

(ii) Use of funds

Funds made available for administrative costs under clause

(i) may be used for the administrative cost of any of the

statewide youth activities or statewide employment and

training activities, regardless of whether the funds were

allotted to the State under section 2852(b)(1) of this title

or paragraph (1) or (2) of section 2862(b) of this title.

(b) Local employment and training activities

Funds allocated to a local area for adults under paragraph (2)(A)

or (3), as appropriate, of section 2863(b) of this title, and funds

allocated to a local area for dislocated workers under section

2863(b)(2)(B) of this title -

(1) shall be used to carry out employment and training

activities described in subsection (d) of this section for adults

or dislocated workers, respectively; and

(2) may be used to carry out employment and training activities

described in subsection (e) of this section for adults or

dislocated workers, respectively.

(c) Establishment of one-stop delivery system

(1) In general

There shall be established in a State that receives an

allotment under section 2862(b) of this title a one-stop delivery

system, which -

(A) shall provide the core services described in subsection

(d)(2) of this section;

(B) shall provide access to intensive services and training

services as described in paragraphs (3) and (4) of subsection

(d) of this section, including serving as the point of access

to individual training accounts for training services to

participants in accordance with subsection (d)(4)(G) of this

section;

(C) shall provide access to the activities carried out under

subsection (e) of this section, if any;

(D) shall provide access to programs and activities carried

out by one-stop partners and described in section 2841(b) of

this title; and

(E) shall provide access to the information described in

section 15 of the Wagner-Peyser Act [29 U.S.C. 49l-2] and all

job search, placement, recruitment, and other labor exchange

services authorized under the Wagner-Peyser Act (29 U.S.C. 49

et seq.).

(2) One-stop delivery

At a minimum, the one-stop delivery system -

(A) shall make each of the programs, services, and activities

described in paragraph (1) accessible at not less than one

physical center in each local area of the State; and

(B) may also make programs, services, and activities

described in paragraph (1) available -

(i) through a network of affiliated sites that can provide

one or more of the programs, services, and activities to

individuals; and

(ii) through a network of eligible one-stop partners -

(I) in which each partner provides one or more of the

programs, services, and activities to such individuals and

is accessible at an affiliated site that consists of a

physical location or an electronically or technologically

linked access point; and

(II) that assures individuals that information on the

availability of the core services will be available

regardless of where the individuals initially enter the

statewide workforce investment system, including

information made available through an access point

described in subclause (I).

(3) Specialized centers

The centers and sites described in paragraph (2) may have a

specialization in addressing special needs, such as the needs of

dislocated workers.

(d) Required local employment and training activities

(1) In general

(A) Allocated funds

Funds allocated to a local area for adults under paragraph

(2)(A) or (3), as appropriate, of section 2863(b) of this

title, and funds allocated to the local area for dislocated

workers under section 2863(b)(2)(B) of this title, shall be

used -

(i) to establish a one-stop delivery system described in

subsection (c) of this section;

(ii) to provide the core services described in paragraph

(2) to adults and dislocated workers, respectively, through

the one-stop delivery system in accordance with such

paragraph;

(iii) to provide the intensive services described in

paragraph (3) to adults and dislocated workers, respectively,

described in such paragraph; and

(iv) to provide training services described in paragraph

(4) to adults and dislocated workers, respectively, described

in such paragraph.

(B) Other funds

A portion of the funds made available under Federal law

authorizing the programs and activities described in section

2841(b)(1)(B) of this title, including the Wagner-Peyser Act

(29 U.S.C. 49 et seq.), shall be used as described in clauses

(i) and (ii) of subparagraph (A), to the extent not

inconsistent with the Federal law involved.

(2) Core services

Funds described in paragraph (1)(A) shall be used to provide

core services, which shall be available to individuals who are

adults or dislocated workers through the one-stop delivery system

and shall, at a minimum, include -

(A) determinations of whether the individuals are eligible to

receive assistance under this subchapter;

(B) outreach, intake (which may include worker profiling),

and orientation to the information and other services available

through the one-stop delivery system;

(C) initial assessment of skill levels, aptitudes, abilities,

and supportive service needs;

(D) job search and placement assistance, and where

appropriate, career counseling;

(E) provision of employment statistics information, including

the provision of accurate information relating to local,

regional, and national labor market areas, including -

(i) job vacancy listings in such labor market areas;

(ii) information on job skills necessary to obtain the jobs

described in clause (i); and

(iii) information relating to local occupations in demand

and the earnings and skill requirements for such occupations;

and

(F) provision of performance information and program cost

information on eligible providers of training services as

described in section 2842 of this title, provided by program,

and eligible providers of youth activities described in section

2843 of this title, providers of adult education described in

title II [20 U.S.C. 9201 et seq.], providers of postsecondary

vocational education activities and vocational education

activities available to school dropouts under the Carl D.

Perkins Vocational and Applied Technology Education Act (20

U.S.C. 2301 et seq.), and providers of vocational

rehabilitation program activities described in title I of the

Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.);

(G) provision of information regarding how the local area is

performing on the local performance measures and any additional

performance information with respect to the one-stop delivery

system in the local area;

(H) provision of accurate information relating to the

availability of supportive services, including child care and

transportation, available in the local area, and referral to

such services, as appropriate;

(I) provision of information regarding filing claims for

unemployment compensation;

(J) assistance in establishing eligibility for -

(i) welfare-to-work activities authorized under section

403(a)(5) of the Social Security Act [42 U.S.C. 603(a)(5)]

(as added by section 5001 of the Balanced Budget Act of 1997)

available in the local area; and

(ii) programs of financial aid assistance for training and

education programs that are not funded under this Act and are

available in the local area; and

(K) followup services, including counseling regarding the

workplace, for participants in workforce investment activities

authorized under this subchapter who are placed in unsubsidized

employment, for not less than 12 months after the first day of

the employment, as appropriate.

(3) Intensive services

(A) In general

Funds allocated to a local area for adults under paragraph

(2)(A) or (3), as appropriate, of section 2863(b) of this

title, and funds allocated to the local area for dislocated

workers under section 2863(b)(2)(B) of this title, shall be

used to provide intensive services to adults and dislocated

workers, respectively -

(i)(I) who are unemployed and are unable to obtain

employment through core services provided under paragraph

(2); and

(II) who have been determined by a one-stop operator to be

in need of more intensive services in order to obtain

employment; or

(ii) who are employed, but who are determined by a one-stop

operator to be in need of such intensive services in order to

obtain or retain employment that allows for self-sufficiency.

(B) Delivery of services

Such intensive services shall be provided through the

one-stop delivery system -

(i) directly through one-stop operators identified pursuant

to section 2841(d) of this title; or

(ii) through contracts with service providers, which may

include contracts with public, private for-profit, and

private nonprofit service providers, approved by the local

board.

(C) Types of services

Such intensive services may include the following:

(i) Comprehensive and specialized assessments of the skill

levels and service needs of adults and dislocated workers,

which may include -

(I) diagnostic testing and use of other assessment tools;

and

(II) in-depth interviewing and evaluation to identify

employment barriers and appropriate employment goals.

(ii) Development of an individual employment plan, to

identify the employment goals, appropriate achievement

objectives, and appropriate combination of services for the

participant to achieve the employment goals.

(iii) Group counseling.

(iv) Individual counseling and career planning.

(v) Case management for participants seeking training

services under paragraph (4).

(vi) Short-term prevocational services, including

development of learning skills, communication skills,

interviewing skills, punctuality, personal maintenance

skills, and professional conduct, to prepare individuals for

unsubsidized employment or training.

(4) Training services

(A) In general

Funds allocated to a local area for adults under paragraph

(2)(A) or (3), as appropriate, of section 2863(b) of this

title, and funds allocated to a local area for dislocated

workers under section 2863(b)(2)(B) of this title shall be used

to provide training services to adults and dislocated workers,

respectively -

(i) who have met the eligibility requirements for intensive

services under paragraph (3)(A) and who are unable to obtain

or retain employment through such services;

(ii) who after an interview, evaluation, or assessment, and

case management, have been determined by a one-stop operator

or one-stop partner, as appropriate, to be in need of

training services and to have the skills and qualifications

to successfully participate in the selected program of

training services;

(iii) who select programs of training services that are

directly linked to the employment opportunities in the local

area involved or in another area in which the adults or

dislocated workers receiving such services are willing to

relocate;

(iv) who meet the requirements of subparagraph (B); and

(v) who are determined to be eligible in accordance with

the priority system, if any, in effect under subparagraph

(E).

(B) Qualification

(i) Requirement

Except as provided in clause (ii), provision of such

training services shall be limited to individuals who -

(I) are unable to obtain other grant assistance for such

services, including Federal Pell Grants established under

title IV of the Higher Education Act of 1965 (20 U.S.C.

1070 et seq. [and 42 U.S.C. 2751 et seq.]); or

(II) require assistance beyond the assistance made

available under other grant assistance programs, including

Federal Pell Grants.

(ii) Reimbursements

Training services may be provided under this paragraph to

an individual who otherwise meets the requirements of this

paragraph while an application for a Federal Pell Grant is

pending, except that if such individual is subsequently

awarded a Federal Pell Grant, appropriate reimbursement shall

be made to the local area from such Federal Pell Grant.

(C) Provider qualification

Training services shall be provided through providers

identified in accordance with section 2842 of this title.

(D) Training services

Training services may include -

(i) occupational skills training, including training for

nontraditional employment;

(ii) on-the-job training;

(iii) programs that combine workplace training with related

instruction, which may include cooperative education

programs;

(iv) training programs operated by the private sector;

(v) skill upgrading and retraining;

(vi) entrepreneurial training;

(vii) job readiness training;

(viii) adult education and literacy activities provided in

combination with services described in any of clauses (i)

through (vii); and

(ix) customized training conducted with a commitment by an

employer or group of employers to employ an individual upon

successful completion of the training.

(E) Priority

In the event that funds allocated to a local area for adult

employment and training activities under paragraph (2)(A) or

(3) of section 2863(b) of this title are limited, priority

shall be given to recipients of public assistance and other

low-income individuals for intensive services and training

services. The appropriate local board and the Governor shall

direct the one-stop operators in the local area with regard to

making determinations related to such priority.

(F) Consumer choice requirements

(i) In general

Training services provided under this paragraph shall be

provided in a manner that maximizes consumer choice in the

selection of an eligible provider of such services.

(ii) Eligible providers

Each local board, through one-stop centers referred to in

subsection (c) of this section, shall make available -

(I) the State list of eligible providers of training

services required under section 2842(e) of this title, with

a description of the programs through which the providers

may offer the training services, and the information

identifying eligible providers of on-the-job training and

customized training required under section 2842(h) of this

title; and

(II) the performance information and performance cost

information relating to eligible providers of training

services described in subsections (e) and (h) of section

2842 of this title.

(iii) Individual training accounts

An individual who seeks training services and who is

eligible pursuant to subparagraph (A), may, in consultation

with a case manager, select an eligible provider of training

services from the list or identifying information for

providers described in clause (ii)(I). Upon such selection,

the one-stop operator involved shall, to the extent

practicable, refer such individual to the eligible provider

of training services, and arrange for payment for such

services through an individual training account.

(G) Use of individual training accounts

(i) In general

Except as provided in clause (ii), training services

provided under this paragraph shall be provided through the

use of individual training accounts in accordance with this

paragraph, and shall be provided to eligible individuals

through the one-stop delivery system.

(ii) Exceptions

Training services authorized under this paragraph may be

provided pursuant to a contract for services in lieu of an

individual training account if the requirements of

subparagraph (F) are met and if -

(I) such services are on-the-job training provided by an

employer or customized training;

(II) the local board determines there are an insufficient

number of eligible providers of training services in the

local area involved (such as in a rural area) to accomplish

the purposes of a system of individual training accounts;

or

(III) the local board determines that there is a training

services program of demonstrated effectiveness offered in

the local area by a community-based organization or another

private organization to serve special participant

populations that face multiple barriers to employment.

(iii) Linkage to occupations in demand

Training services provided under this paragraph shall be

directly linked to occupations that are in demand in the

local area, or in another area to which an adult or

dislocated worker receiving such services is willing to

relocate, except that a local board may approve training

services for occupations determined by the local board to be

in sectors of the economy that have a high potential for

sustained demand or growth in the local area.

(iv) Definition

In this subparagraph, the term "special participant

population that faces multiple barriers to employment" means

a population of low-income individuals that is included in

one or more of the following categories:

(I) Individuals with substantial language or cultural

barriers.

(II) Offenders.

(III) Homeless individuals.

(IV) Other hard-to-serve populations as defined by the

Governor involved.

(e) Permissible local employment and training activities

(1) Discretionary one-stop delivery activities

Funds allocated to a local area for adults under paragraph

(2)(A) or (3), as appropriate, of section 2863(b) of this title,

and funds allocated to the local area for dislocated workers

under section 2863(b)(2)(B) of this title, may be used to

provide, through one-stop delivery described in subsection (c)(2)

of this section -

(A) customized screening and referral of qualified

participants in training services described in subsection

(d)(4) of this section to employment; and

(B) customized employment-related services to employers on a

fee-for-service basis.

(2) Supportive services

Funds allocated to a local area for adults under paragraph

(2)(A) or (3), as appropriate, of section 2863(b) of this title,

and funds allocated to the local area for dislocated workers

under section 2863(b)(2)(B) of this title, may be used to provide

supportive services to adults and dislocated workers,

respectively -

(A) who are participating in programs with activities

authorized in any of paragraphs (2), (3), or (4) of subsection

(d) of this section; and

(B) who are unable to obtain such supportive services through

other programs providing such services.

(3) Needs-related payments

(A) In general

Funds allocated to a local area for adults under paragraph

(2)(A) or (3), as appropriate, of section 2863(b) of this

title, and funds allocated to the local area for dislocated

workers under section 2863(b)(2)(B) of this title, may be used

to provide needs-related payments to adults and dislocated

workers, respectively, who are unemployed and do not qualify

for (or have ceased to qualify for) unemployment compensation

for the purpose of enabling such individuals to participate in

programs of training services under subsection (d)(4) of this

section.

(B) Additional eligibility requirements

In addition to the requirements contained in subparagraph

(A), a dislocated worker who has ceased to qualify for

unemployment compensation may be eligible to receive

needs-related payments under this paragraph only if such worker

was enrolled in the training services -

(i) by the end of the 13th week after the most recent

layoff that resulted in a determination of the worker's

eligibility for employment and training activities for

dislocated workers under this subchapter; or

(ii) if later, by the end of the 8th week after the worker

is informed that a short-term layoff will exceed 6 months.

(C) Level of payments

The level of a needs-related payment made to a dislocated

worker under this paragraph shall not exceed the greater of -

(i) the applicable level of unemployment compensation; or

(ii) if such worker did not qualify for unemployment

compensation, an amount equal to the poverty line, for an

equivalent period, which amount shall be adjusted to reflect

changes in total family income.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 134, Aug. 7, 1998, 112 Stat. 990;

Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 401(5)],

Oct. 21, 1998, 112 Stat. 2681-337, 2681-411.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsecs. (a)(2)(B)(iii) and

(d)(2)(J)(ii), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as

amended, known as the Workforce Investment Act of 1998. For

complete classification of this Act to the Code, see Short Title

note set out under section 9201 of Title 20, Education, and Tables.

The Social Security Act, referred to in subsec. (a)(3)(A)(vi)(I),

is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of

title IV of the Act is classified generally to part A (Sec. 601 et

seq.) of subchapter IV of chapter 7 of Title 42, The Public Health

and Welfare. For complete classification of this Act to the Code,

see section 1305 of Title 42 and Tables.

The Wagner-Peyser Act, referred to in subsecs. (c)(1)(E) and

(d)(1)(B), is act June 6, 1933, ch. 49, 48 Stat. 113, as amended,

which is classified generally to chapter 4B (Sec. 49 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 49 of this title and

Tables.

Title II, referred to in subsec. (d)(2)(F), 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 chapter 73 of

Title 20, Education. For complete classification of this Act to the

Code, see Short Title note set out under section 9201 of Title 20

and Tables.

The Carl D. Perkins Vocational and Applied Technology Education

Act, referred to in subsec. (d)(2)(F), is Pub. L. 88-210, Dec. 18,

1963, 77 Stat. 403, as amended, which was classified generally to

chapter 44 (Sec. 2301 et seq.) of Title 20, Education, prior to

being amended generally and renamed the Carl D. Perkins Vocational

and Technical Education Act of 1998 by Pub. L. 105-332, Sec. 1(b),

Oct. 31, 1998, 112 Stat. 3076. For complete classification of Pub.

L. 88-210 to the Code, see Short Title note set out under section

2301 of Title 20 and Tables.

The Rehabilitation Act of 1973, referred to in subsec. (d)(2)(F),

is Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended. Title

I of the Act is classified generally to subchapter I (Sec. 720 et

seq.) of chapter 16 of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

701 of this title and Tables.

The Higher Education Act of 1965, referred to in subsec.

(d)(4)(B)(i)(I), is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as

amended. Title IV of the Act is classified generally to subchapter

IV (Sec. 1070 et seq.) of chapter 28 of Title 20, Education, and

part C (Sec. 2751 et seq.) of subchapter I of chapter 34 of Title

42, The Public Health and Welfare. For complete classification of

this Act to the Code, see Short Title note set out under section

1001 of Title 20 and Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (d)(4)(F)(iii). Pub. L. 105-277 added cl. (iii).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 49a, 49l-2, 772, 2102,

2801, 2821, 2822, 2832, 2841, 2842, 2853, 2854, 2863, 2871, 2888,

2913, 2918, 2931, 2934, 2944 of this title; title 5 section 3502;

title 19 sections 2271, 2295; title 38 section 4101; title 42

sections 3056, 3056c, 3056j.

-End-

-CITE-

29 USC Part F - General Provisions 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER II - STATEWIDE AND LOCAL WORKFORCE INVESTMENT SYSTEMS

Part F - General Provisions

-HEAD-

PART F - GENERAL PROVISIONS

-End-

-CITE-

29 USC Sec. 2871 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER II - STATEWIDE AND LOCAL WORKFORCE INVESTMENT SYSTEMS

Part F - General Provisions

-HEAD-

Sec. 2871. Performance accountability system

-STATUTE-

(a) Purpose

The purpose of this section is to establish a comprehensive

performance accountability system, comprised of the activities

described in this section, to assess the effectiveness of States

and local areas in achieving continuous improvement of workforce

investment activities funded under this subchapter, in order to

optimize the return on investment of Federal funds in statewide and

local workforce investment activities.

(b) State performance measures

(1) In general

For each State, the State performance measures shall consist of

-

(A)(i) the core indicators of performance described in

paragraph (2)(A) and the customer satisfaction indicator of

performance described in paragraph (2)(B); and

(ii) additional indicators of performance (if any) identified

by the State under paragraph (2)(C); and

(B) a State adjusted level of performance for each indicator

described in subparagraph (A).

(2) Indicators of performance

(A) Core indicators of performance

(i) In general

The core indicators of performance for employment and

training activities authorized under section 2864 of this

title (except for self-service and informational activities)

and (for participants who are eligible youth age 19 through

21) for youth activities authorized under section 2854 of

this title shall consist of -

(I) entry into unsubsidized employment;

(II) retention in unsubsidized employment 6 months after

entry into the employment;

(III) earnings received in unsubsidized employment 6

months after entry into the employment; and

(IV) attainment of a recognized credential relating to

achievement of educational skills, which may include

attainment of a secondary school diploma or its recognized

equivalent, or occupational skills, by participants who

enter unsubsidized employment, or by participants who are

eligible youth age 19 through 21 who enter postsecondary

education, advanced training, or unsubsidized employment.

(ii) Core indicators for eligible youth

The core indicators of performance (for participants who

are eligible youth age 14 through 18) for youth activities

authorized under section 2854 of this title, shall include -

(I) attainment of basic skills and, as appropriate, work

readiness or occupational skills;

(II) attainment of secondary school diplomas and their

recognized equivalents; and

(III) placement and retention in postsecondary education

or advanced training, or placement and retention in

military service, employment, or qualified apprenticeships.

(B) Customer satisfaction indicators

The customer satisfaction indicator of performance shall

consist of customer satisfaction of employers and participants

with services received from the workforce investment activities

authorized under this subchapter. Customer satisfaction may be

measured through surveys conducted after the conclusion of

participation in the workforce investment activities.

(C) Additional indicators

A State may identify in the State plan additional indicators

for workforce investment activities authorized under this

subchapter.

(3) Levels of performance

(A) State adjusted levels of performance for core indicators

and customer satisfaction indicator

(i) In general

For each State submitting a State plan, there shall be

established, in accordance with this subparagraph, levels of

performance for each of the core indicators of performance

described in paragraph (2)(A) and the customer satisfaction

indicator described in paragraph (2)(B) for workforce

investment activities authorized under this subchapter. The

levels of performance established under this subparagraph

shall, at a minimum -

(I) be expressed in an objective, quantifiable, and

measurable form; and

(II) show the progress of the State toward continuously

improving in performance.

(ii) Identification in State plan

Each State shall identify, in the State plan submitted

under section 2822 of this title, expected levels of

performance for each of the core indicators of performance

and the customer satisfaction indicator of performance, for

the first 3 program years covered by the State plan.

(iii) Agreement on State adjusted levels of performance for

first 3 years

In order to ensure an optimal return on the investment of

Federal funds in workforce investment activities authorized

under this subchapter, the Secretary and each Governor shall

reach agreement on levels of performance for each of the core

indicators of performance and the customer satisfaction

indicator of performance, for the first 3 program years

covered by the State plan, taking into account the levels

identified in the State plan under clause (ii) and the

factors described in clause (iv). The levels agreed to under

this clause shall be considered to be the State adjusted

levels of performance for the State for such years and shall

be incorporated into the State plan prior to the approval of

such plan.

(iv) Factors

The agreement described in clause (iii) or (v) shall take

into account -

(I) the extent to which the levels involved will assist

the State in attaining a high level of customer

satisfaction;

(II) how the levels involved compare with the State

adjusted levels of performance established for other

States, taking into account factors including differences

in economic conditions, the characteristics of participants

when the participants entered the program, and the services

to be provided; and

(III) the extent to which such levels involved promote

continuous improvement in performance on the performance

measures by such State and ensure optimal return on the

investment of Federal funds.

(v) Agreement on State adjusted levels of performance for 4th

and 5th years

Prior to the 4th program year covered by the State plan,

the Secretary and each Governor shall reach agreement on

levels of performance for each of the core indicators of

performance and the customer satisfaction indicator of

performance, for the 4th and 5th program years covered by the

State plan, taking into account the factors described in

clause (iv). The levels agreed to under this clause shall be

considered to be the State adjusted levels of performance for

the State for such years and shall be incorporated into the

State plan.

(vi) Revisions

If unanticipated circumstances arise in a State resulting

in a significant change in the factors described in clause

(iv)(II), the Governor may request that the State adjusted

levels of performance agreed to under clause (iii) or (v) be

revised. The Secretary, after collaboration with the

representatives described in subsection (i) of this section,

shall issue objective criteria and methods for making such

revisions.

(B) Levels of performance for additional indicators

The State may identify, in the State plan, State levels of

performance for each of the additional indicators described in

paragraph (2)(C). Such levels shall be considered to be State

adjusted levels of performance for purposes of this chapter.

(c) Local performance measures

(1) In general

For each local area in a State, the local performance measures

shall consist of -

(A)(i) the core indicators of performance described in

subsection (b)(2)(A) of this section, and the customer

satisfaction indicator of performance described in subsection

(b)(2)(B) of this section, for activities described in such

subsections, other than statewide workforce investment

activities; and

(ii) additional indicators of performance (if any) identified

by the State under subsection (b)(2)(C) of this section for

activities described in such subsection, other than statewide

workforce investment activities; and

(B) a local level of performance for each indicator described

in subparagraph (A).

(2) Local level of performance

The local board, the chief elected official, and the Governor

shall negotiate and reach agreement on the local levels of

performance based on the State adjusted levels of performance

established under subsection (b) of this section.

(3) Determinations

In determining such local levels of performance, the local

board, the chief elected official, and the Governor shall take

into account the specific economic, demographic, and other

characteristics of the populations to be served in the local

area.

(d) Report

(1) In general

Each State that receives an allotment under section 2852 or

2862 of this title shall annually prepare and submit to the

Secretary a report on the progress of the State in achieving

State performance measures, including information on the levels

of performance achieved by the State with respect to the core

indicators of performance and the customer satisfaction

indicator. The annual report also shall include information

regarding the progress of local areas in the State in achieving

local performance measures, including information on the levels

of performance achieved by the areas with respect to the core

indicators of performance and the customer satisfaction

indicator. The report also shall include information on the

status of State evaluations of workforce investment activities

described in subsection (e) of this section.

(2) Additional information

In preparing such report, the State shall include, at a

minimum, information on participants in workforce investment

activities authorized under this subchapter relating to -

(A) entry by participants who have completed training

services provided under section 2864(d)(4) of this title into

unsubsidized employment related to the training received;

(B) wages at entry into employment for participants in

workforce investment activities who entered unsubsidized

employment, including the rate of wage replacement for such

participants who are dislocated workers;

(C) cost of workforce investment activities relative to the

effect of the activities on the performance of participants;

(D) retention and earnings received in unsubsidized

employment 12 months after entry into the employment;

(E) performance with respect to the indicators of performance

specified in subsection (b)(2)(A) of this section of

participants in workforce investment activities who received

the training services compared with the performance of

participants in workforce investment activities who received

only services other than the training services (excluding

participants who received only self-service and informational

activities); and

(F) performance with respect to the indicators of performance

specified in subsection (b)(2)(A) of this section of recipients

of public assistance, out-of-school youth, veterans,

individuals with disabilities, displaced homemakers, and older

individuals.

(3) Information dissemination

The Secretary -

(A) shall make the information contained in such reports

available to the general public through publication and other

appropriate methods;

(B) shall disseminate State-by-State comparisons of the

information; and

(C) shall provide the appropriate congressional committees

with copies of such reports.

(e) Evaluation of State programs

(1) In general

Using funds made available under this subchapter, the State, in

coordination with local boards in the State, shall conduct

ongoing evaluation studies of workforce investment activities

carried out in the State under this subchapter in order to

promote, establish, implement, and utilize methods for

continuously improving the activities in order to achieve

high-level performance within, and high-level outcomes from, the

statewide workforce investment system. To the maximum extent

practicable, the State shall coordinate the evaluations with the

evaluations provided for by the Secretary under section 2917 of

this title.

(2) Design

The evaluation studies conducted under this subsection shall be

designed in conjunction with the State board and local boards and

shall include analysis of customer feedback and outcome and

process measures in the statewide workforce investment system.

The studies may include use of control groups.

(3) Results

The State shall periodically prepare and submit to the State

board, and local boards in the State, reports containing the

results of evaluation studies conducted under this subsection, to

promote the efficiency and effectiveness of the statewide

workforce investment system in improving employability for

jobseekers and competitiveness for employers.

(f) Fiscal and management accountability information systems

(1) In general

Using funds made available under this subchapter, the Governor,

in coordination with local boards and chief elected officials in

the State, shall establish and operate a fiscal and management

accountability information system based on guidelines established

by the Secretary after consultation with the Governors, local

elected officials, and one-stop partners. Such guidelines shall

promote efficient collection and use of fiscal and management

information for reporting and monitoring the use of funds made

available under this subchapter and for preparing the annual

report described in subsection (d) of this section.

(2) Wage records

In measuring the progress of the State on State and local

performance measures, a State shall utilize quarterly wage

records, consistent with State law. The Secretary shall make

arrangements, consistent with State law, to ensure that the wage

records of any State are available to any other State to the

extent that such wage records are required by the State in

carrying out the State plan of the State or completing the annual

report described in subsection (d) of this section.

(3) Confidentiality

In carrying out the requirements of this Act, the State shall

comply with section 1232g of title 20.

(g) Sanctions for State failure to meet State performance measures

(1) States

(A) Technical assistance

If a State fails to meet State adjusted levels of performance

relating to indicators described in subparagraph (A) or (B) of

subsection (b)(2) of this section for a program for any program

year, the Secretary shall, upon request, provide technical

assistance in accordance with section 2915 of this title,

including assistance in the development of a performance

improvement plan.

(B) Reduction in amount of grant

If such failure continues for a second consecutive year, or

if a State fails to submit a report under subsection (d) of

this section for any program year, the Secretary may reduce by

not more than 5 percent, the amount of the grant that would (in

the absence of this paragraph) be payable to the State under

such program for the immediately succeeding program year. Such

penalty shall be based on the degree of failure to meet State

adjusted levels of performance.

(2) Funds resulting from reduced allotments

The Secretary shall use an amount retained, as a result of a

reduction in an allotment to a State made under paragraph (1)(B),

to provide incentive grants under section 9273 of title 20.

(h) Sanctions for local area failure to meet local performance

measures

(1) Technical assistance

If a local area fails to meet levels of performance relating to

indicators described in subparagraph (A) or (B) of subsection

(b)(2) of this section for a program for any program year, the

Governor, or upon request by the Governor, the Secretary, shall

provide technical assistance, which may include assistance in the

development of a performance improvement plan, or the development

of a modified local plan.

(2) Corrective actions

(A) In general

If such failure continues for a second consecutive year, the

Governor shall take corrective actions, which may include

development of a reorganization plan through which the Governor

may -

(i) require the appointment and certification of a new

local board (consistent with the criteria established under

section 2832(b) of this title);

(ii) prohibit the use of eligible providers and one-stop

partners identified as achieving a poor level of performance;

or

(iii) take such other actions as the Governor determines

are appropriate.

(B) Appeal by local area

(i) Appeal to Governor

A local area that is subject to a reorganization plan under

subparagraph (A) may, not later than 30 days after receiving

notice of the reorganization plan, appeal to the Governor to

rescind or revise such plan. In such case, the Governor shall

make a final decision not later then 30 days after the

receipt of the appeal.

(ii) Subsequent action

The local area may, not later than 30 days after receiving

a decision from the Governor pursuant to clause (i), appeal

such decision to the Secretary. In such case, the Secretary

shall make a final decision not later than 30 days after the

receipt of the appeal.

(C) Effective date

The decision made by the Governor under clause (i) of

subparagraph (B) shall become effective at the time the

Governor issues the decision pursuant to such clause. Such

decision shall remain effective unless the Secretary rescinds

or revises such plan pursuant to clause (ii) of subparagraph

(B).

(i) Other measures and terminology

(1) Responsibilities

In order to ensure nationwide comparability of performance

data, the Secretary, after collaboration with representatives of

appropriate Federal agencies, and representatives of States and

political subdivisions, business and industry, employees,

eligible providers of employment and training activities,

educators, and participants, with expertise regarding workforce

investment policies and workforce investment activities, shall

issue -

(A) definitions for information required to be reported under

subsection (d)(2) of this section;

(B) terms for a menu of additional indicators of performance

described in subsection (b)(2)(C) of this section to assist

States in assessing their progress toward State workforce

investment goals; and

(C) objective criteria and methods described in subsection

(b)(3)(A)(vi) of this section for making revisions to levels of

performance.

(2) Definitions for core indicators

The Secretary and the representatives described in paragraph

(1) shall participate in the activities described in section 9272

of title 20 concerning the issuance of definitions for indicators

of performance described in subsection (b)(2)(A) of this section.

(3) Assistance

The Secretary shall make the services of staff available to the

representatives to assist the representatives in participating in

the collaboration described in paragraph (1) and in the

activities described in section 9272 of title 20.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 136, Aug. 7, 1998, 112 Stat. 999.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b)(3)(B), was in the

original "this title" meaning title I of Pub. L. 105-220, Aug. 7,

1998, 112 Stat. 939, as amended, which enacted this chapter,

repealed sections 1501 to 1505, 1511 to 1583, 1592 to 1735, 1737 to

1791h, 1792 to 1792b, 2301 to 2314 of this title, section 211 of

former Title 40, Appendix, Public Buildings, Property, and Works,

sections 11421, 11441 to 11447, 11449, 11450, 11461 to 11466,

11471, and 11472 of Title 42, The Public Health and Welfare, and

sections 42101 to 42106 of Title 49, Transportation, enacted

provisions set out as notes under sections 1501, 2301, and 2940 of

this title and section 11421 of Title 42, and repealed provisions

set out as notes under sections 801 and 2301 of this title and

section 1255a of Title 8, Aliens and Nationality. For complete

classification of title I to the Code, see Tables.

This Act, referred to in subsec. (f)(3), is Pub. L. 105-220, Aug.

7, 1998, 112 Stat. 936, as amended, known as the Workforce

Investment Act of 1998. For complete classification of this Act to

the Code, see Short Title note set out under section 9201 of Title

20, Education, and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 49l-2, 710, 721, 726,

2801, 2821, 2822, 2832, 2833, 2842, 2864, 2899, 2914, 2915, 2917 of

this title; title 20 section 9212; title 38 sections 4102A, 4107.

-End-

-CITE-

29 USC Sec. 2872 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER II - STATEWIDE AND LOCAL WORKFORCE INVESTMENT SYSTEMS

Part F - General Provisions

-HEAD-

Sec. 2872. Authorization of appropriations

-STATUTE-

(a) Youth activities

There are authorized to be appropriated to carry out the

activities described in section 2852(a) of this title, such sums as

may be necessary for each of fiscal years 1999 through 2003.

(b) Adult employment and training activities

There are authorized to be appropriated to carry out the

activities described in section 2862(a)(1) of this title, such sums

as may be necessary for each of fiscal years 1999 through 2003.

(c) Dislocated worker employment and training activities

There are authorized to be appropriated to carry out the

activities described in section 2862(a)(2) of this title, such sums

as may be necessary for each of fiscal years 1999 through 2003.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 137, Aug. 7, 1998, 112 Stat. 1006.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2852, 2862 of this title.

-End-

-CITE-

29 USC SUBCHAPTER III - JOB CORPS 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER III - JOB CORPS

-HEAD-

SUBCHAPTER III - JOB CORPS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 2801 of this title;

title 20 section 9274.

-End-

-CITE-

29 USC Sec. 2881 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER III - JOB CORPS

-HEAD-

Sec. 2881. Purposes

-STATUTE-

The purposes of this subchapter are -

(1) to maintain a national Job Corps program, carried out in

partnership with States and communities, to assist eligible youth

who need and can benefit from an intensive program, operated in a

group setting in residential and nonresidential centers, to

become more responsible, employable, and productive citizens;

(2) to set forth standards and procedures for selecting

individuals as enrollees in the Job Corps;

(3) to authorize the establishment of Job Corps centers in

which enrollees will participate in intensive programs of

activities described in this subchapter; and

(4) to prescribe various other powers, duties, and

responsibilities incident to the operation and continuing

development of the Job Corps.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 141, Aug. 7, 1998, 112 Stat. 1006.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 1691

of this title prior to repeal by Pub. L. 105-220.

-End-

-CITE-

29 USC Sec. 2882 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER III - JOB CORPS

-HEAD-

Sec. 2882. Definitions

-STATUTE-

In this subchapter:

(1) Applicable local board

The term "applicable local board" means a local board -

(A) that provides information for a Job Corps center on local

employment opportunities and the job skills needed to obtain

the opportunities; and

(B) that serves communities in which the graduates of the Job

Corps center seek employment.

(2) Applicable one-stop center

The term "applicable one-stop center" means a one-stop customer

service center that provides services, such as referral, intake,

recruitment, and placement, to a Job Corps center.

(3) Enrollee

The term "enrollee" means an individual who has voluntarily

applied for, been selected for, and enrolled in the Job Corps

program, and remains with the program, but has not yet become a

graduate.

(4) Former enrollee

The term "former enrollee" means an individual who has

voluntarily applied for, been selected for, and enrolled in the

Job Corps program, but left the program before completing the

requirements of a vocational training program, or receiving a

secondary school diploma or recognized equivalent, as a result of

participation in the Job Corps program.

(5) Graduate

The term "graduate" means an individual who has voluntarily

applied for, been selected for, and enrolled in the Job Corps

program and has completed the requirements of a vocational

training program, or received a secondary school diploma or

recognized equivalent, as a result of participation in the Job

Corps program.

(6) Job Corps

The term "Job Corps" means the Job Corps described in section

2883 of this title.

(7) Job Corps center

The term "Job Corps center" means a center described in section

2887 of this title.

(8) Operator

The term "operator" means an entity selected under this

subchapter to operate a Job Corps center.

(9) Region

The term "region" means an area served by a regional office of

the Employment and Training Administration.

(10) Service provider

The term "service provider" means an entity selected under this

subchapter to provide services described in this subchapter to a

Job Corps center.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 142, Aug. 7, 1998, 112 Stat. 1006.)

-End-

-CITE-

29 USC Sec. 2883 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER III - JOB CORPS

-HEAD-

Sec. 2883. Establishment

-STATUTE-

There shall be within the Department of Labor a "Job Corps".

-SOURCE-

(Pub. L. 105-220, title I, Sec. 143, Aug. 7, 1998, 112 Stat. 1007.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 1692

of this title prior to repeal by Pub. L. 105-220.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2882 of this title.

-End-

-CITE-

29 USC Sec. 2884 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER III - JOB CORPS

-HEAD-

Sec. 2884. Individuals eligible for the Job Corps

-STATUTE-

To be eligible to become an enrollee, an individual shall be -

(1) not less than age 16 and not more than age 21 on the date

of enrollment, except that -

(A) not more than 20 percent of the individuals enrolled in

the Job Corps may be not less than age 22 and not more than age

24 on the date of enrollment; and

(B) either such maximum age limitation may be waived by the

Secretary, in accordance with regulations of the Secretary, in

the case of an individual with a disability;

(2) a low-income individual; and

(3) an individual who is one or more of the following:

(A) Basic skills deficient.

(B) A school dropout.

(C) Homeless, a runaway, or a foster child.

(D) A parent.

(E) An individual who requires additional education,

vocational training, or intensive counseling and related

assistance, in order to participate successfully in regular

schoolwork or to secure and hold employment.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 144, Aug. 7, 1998, 112 Stat. 1007.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 1693

of this title prior to repeal by Pub. L. 105-220.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 12653c.

-End-

-CITE-

29 USC Sec. 2885 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER III - JOB CORPS

-HEAD-

Sec. 2885. Recruitment, screening, selection, and assignment of

enrollees

-STATUTE-

(a) Standards and procedures

(1) In general

The Secretary shall prescribe specific standards and procedures

for the recruitment, screening, and selection of eligible

applicants for the Job Corps, after considering recommendations

from the Governors, local boards, and other interested parties.

(2) Methods

In prescribing standards and procedures under paragraph (1),

the Secretary, at a minimum, shall -

(A) prescribe procedures for informing enrollees that drug

tests will be administered to the enrollees and the results

received within 45 days after the enrollees enroll in the Job

Corps;

(B) establish standards for recruitment of Job Corps

applicants;

(C) establish standards and procedures for -

(i) determining, for each applicant, whether the

educational and vocational needs of the applicant can best be

met through the Job Corps program or an alternative program

in the community in which the applicant resides; and

(ii) obtaining from each applicant pertinent data relating

to background, needs, and interests for determining

eligibility and potential assignment;

(D) where appropriate, take measures to improve the

professional capability of the individuals conducting screening

of the applicants; and

(E) assure that an appropriate number of enrollees are from

rural areas.

(3) Implementation

To the extent practicable, the standards and procedures shall

be implemented through arrangements with -

(A) applicable one-stop centers;

(B) community action agencies, business organizations, and

labor organizations; and

(C) agencies and individuals that have contact with youth

over substantial periods of time and are able to offer reliable

information about the needs and problems of youth.

(4) Consultation

The standards and procedures shall provide for necessary

consultation with individuals and organizations, including court,

probation, parole, law enforcement, education, welfare, and

medical authorities and advisers.

(5) Reimbursement

The Secretary is authorized to enter into contracts with and

make payments to individuals and organizations for the cost of

conducting recruitment, screening, and selection of eligible

applicants for the Job Corps, as provided for in this section.

The Secretary shall make no payment to any individual or

organization solely as compensation for referring the names of

applicants for the Job Corps.

(b) Special limitations on selection

(1) In general

No individual shall be selected as an enrollee unless the

individual or organization implementing the standards and

procedures described in subsection (a) of this section determines

that -

(A) there is a reasonable expectation that the individual

considered for selection can participate successfully in group

situations and activities, and is not likely to engage in

behavior that would prevent other enrollees from receiving the

benefit of the Job Corps program or be incompatible with the

maintenance of sound discipline and satisfactory relationships

between the Job Corps center to which the individual might be

assigned and communities surrounding the Job Corps center;

(B) the individual manifests a basic understanding of both

the rules to which the individual will be subject and of the

consequences of failure to observe the rules; and

(C) the individual has passed a background check conducted in

accordance with procedures established by the Secretary.

(2) Individuals on probation, parole, or supervised release

An individual on probation, parole, or supervised release may

be selected as an enrollee only if release from the supervision

of the probation or parole official involved is satisfactory to

the official and the Secretary and does not violate applicable

laws (including regulations). No individual shall be denied a

position in the Job Corps solely on the basis of individual

contact with the criminal justice system.

(c) Assignment plan

(1) In general

Every 2 years, the Secretary shall develop and implement an

assignment plan for assigning enrollees to Job Corps centers. In

developing the plan, the Secretary shall, based on the analysis

described in paragraph (2), establish targets, applicable to each

Job Corps center, for -

(A) the maximum attainable percentage of enrollees at the Job

Corps center that reside in the State in which the center is

located; and

(B) the maximum attainable percentage of enrollees at the Job

Corps center that reside in the region in which the center is

located, and in surrounding regions.

(2) Analysis

In order to develop the plan described in paragraph (1), the

Secretary shall, every 2 years, analyze, for the Job Corps center

-

(A) the size of the population of individuals eligible to

participate in Job (!1) Corps in the State and region in which

the Job Corps center is located, and in surrounding regions;

(B) the relative demand for participation in the Job Corps in

the State and region, and in surrounding regions; and

(C) the capacity and utilization of the Job Corps center,

including services provided through the center.

(d) Assignment of individual enrollees

(1) In general

After an individual has been selected for the Job Corps in

accordance with the standards and procedures of the Secretary

under subsection (a) of this section, the enrollee shall be

assigned to the Job Corps center that is closest to the home of

the enrollee, except that the Secretary may waive this

requirement if -

(A) the enrollee chooses a vocational training program, or

requires an English literacy program, that is not available at

such center;

(B) the enrollee would be unduly delayed in participating in

the Job Corps program because the closest center is operating

at full capacity; or

(C) the parent or guardian of the enrollee requests

assignment of the enrollee to another Job Corps center due to

circumstances in the community of the enrollee that would

impair prospects for successful participation in the Job Corps

program.

(2) Enrollees who are younger than 18

An enrollee who is younger than 18 shall not be assigned to a

Job Corps center other than the center closest to the home of the

enrollee pursuant to paragraph (1) if the parent or guardian of

the enrollee objects to the assignment.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 145, Aug. 7, 1998, 112 Stat. 1007.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in sections

1694 to 1696 of this title prior to repeal by Pub. L. 105-220.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2892, 2898 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be preceded by "the".

-End-