-CITE- 29 USC CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS 01/02/2006 -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. 2883a. Office of Job Corps. 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. Job training grants. 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. -End- -CITE- 29 USC SUBCHAPTER I - WORKFORCE INVESTMENT DEFINITIONS 01/02/2006 -EXPCITE- TITLE 29 - LABOR CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS SUBCHAPTER I - WORKFORCE INVESTMENT DEFINITIONS -HEAD- SUBCHAPTER I - WORKFORCE INVESTMENT DEFINITIONS -End- -CITE- 29 USC Sec. 2801 01/02/2006 -EXPCITE- 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. -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 01/02/2006 -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 -End- -CITE- 29 USC Sec. 2811 01/02/2006 -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 01/02/2006 -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 01/02/2006 -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. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 29 USC Sec. 2822 01/02/2006 -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". -End- -CITE- 29 USC Part B - Local Provisions 01/02/2006 -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 01/02/2006 -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". -End- -CITE- 29 USC Sec. 2832 01/02/2006 -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." -End- -CITE- 29 USC Sec. 2833 01/02/2006 -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.) -End- -CITE- 29 USC Part C - Workforce Investment Activities Providers 01/02/2006 -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 01/02/2006 -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 memo