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

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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.

(d) Functions.

(e) Alternative entity.

(f) Conflict of interest.

(g) Sunshine provision.

2822. State plan.

(a) In general.

(b) Contents.

(d) Modifications to plan.

PART B - LOCAL PROVISIONS

2831. Local workforce investment areas.

(a) Designation of areas.

(b) Small States.

2832. Local workforce investment boards.

(a) Establishment.

(b) Membership.

(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.

(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.

(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.

(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.

2853. Within State allocations.

(a) Reservations for State activities.

(b) Within State allocation.

2854. Use of funds for youth activities.

(a) Purposes.

(b) Statewide youth activities.

PART E - ADULT AND DISLOCATED WORKER EMPLOYMENT AND TRAINING

ACTIVITIES

2861. General authorization.

2862. State allotments.

(a) In general.

(b) Allotment among States.

2863. Within State allocations.

(a) Reservations for State activities.

(b) Within State allocation.

2864. Use of funds for employment and training activities.

(a) Statewide employment and training activities.

(b) Local employment and training activities.

(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.

(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.

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.

(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.

(d) Indian tribes.

2888. Program activities.

(a) Activities provided by Job Corps centers.

(b) Education and vocational training.

(d) Continued services.

(e) Child care.

2889. Counseling and job placement.

(a) Counseling and testing.

(b) Placement.

(d) Services to former enrollees.

2890. Support.

(a) Personal allowances.

(b) Readjustment allowances.

2891. Operating plan.

(a) In general.

(b) Additional information.

2892. Standards of conduct.

(a) Provision and enforcement.

(b) Disciplinary measures.

2893. Community participation.

(a) Business and Community Liaison.

(b) Responsibilities.

2894. Industry councils.

(a) In general.

(b) Industry council composition.

(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.

2898. Special provisions.

(a) Enrollment.

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

(d) Gross receipts.

(e) Management fee.

(f) Donations.

(g) Sale of property.

2899. Management information.

(a) Financial management information system.

(b) Audit.

(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.

(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.

(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.

(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.

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.

(d) Reports.

(e) Reports to Congress.

(f) Coordination.

2918. National emergency grants.

(a) In general.

(b) Administration.

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.

2920. Educational assistance and training.

(a) Use of fund.

(b) Allocation of funds.

(d) Limitation on Federal overhead.

(e) Annual report.

(f) "State" defined.

SUBCHAPTER V - ADMINISTRATION

2931. Requirements and restrictions.

(a) Benefits.

(b) Labor standards.

(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.

(d) Publication in Federal Register relating to

discretionary funds.

(e) Availability of funds.

2933. Monitoring.

(a) In general.

(b) Investigations.

2934. Fiscal controls; sanctions.

(a) Establishment of fiscal controls by States.

(b) Substantial violation.

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.

(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.

(d) Additional requirement.

2937. Judicial review.

(a) Review.

(b) Judgment.

2938. Nondiscrimination.

(a) In general.

(b) Action of Secretary.

(d) Job Corps.

(e) Regulations.

2939. Administrative provisions.

(a) In general.

(b) Acquisition of certain property and services.

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.

(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

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;

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;

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

(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.

(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;

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

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;

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.

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.

(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

(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).

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

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;

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

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;

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.

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

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.

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.

(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