§1531. Governor's coordination and special services plan

(a) Annual planning report; two-year coordination and special services plan financial assistance requirement

(1) The Governor shall annually prepare a statement of goals and objectives for job training and placement programs within the State to assist in the preparation of the plans required under section 1514 of this title and section 8 of the Act of June 6, 1933 (known as the Wagner-Peyser Act) [29 U.S.C. 49g].

(2) Any State seeking financial assistance under this chapter shall submit a Governor's coordination and special services plan for two program years to the Secretary describing the use of all resources provided to the State and its service delivery areas under this chapter and evaluating the experience over the preceding two years.

(b) Plan coordination with State and local services and resources, JOBS program, and programs under subchapter II; State goals and criteria; projected use of resources; reports of modifications to Secretary

(1) The plan shall establish criteria for coordinating activities under this chapter (including subchapter III of this chapter) with programs and services provided by State and local education and training agencies (including vocational education agencies), public assistance agencies, the employment service, rehabilitation agencies, programs for the homeless, postsecondary institutions, economic development agencies, and such other agencies as the Governor determines to have a direct interest in employment and training and human resource utilization within the State. Such criteria shall not affect local discretion concerning the selection of eligible participants or service providers in accordance with the provisions of sections ¹ 1517 ² 1603, or 1643 of this title.

(2) The plan shall describe the measures taken by the State to ensure coordination and avoid duplication between the State agencies administering the work activities required under title IV of the Social Security Act [42 U.S.C. 601 et seq.] and programs under subchapter II of this chapter in the planning and delivery of services.

(3) The plan shall describe the projected use of resources, including oversight of program performance, program administration, and program financial management, capacity building, priorities and criteria for State incentive grants, and performance goals for State-supported programs. The description of capacity building shall include the Governor's plans for technical assistance to service delivery areas and service providers, interstate technical assistance and training arrangements, other coordinated technical assistance arrangements undertaken pursuant to the direction of the Secretary, and, where applicable, research and demonstration projects.

(4) The plan shall include goals for-

(A) the training of women in nontraditional employment through funds available under this chapter, the Carl D. Perkins Vocational and Applied Technology Education Act [20 U.S.C. 2301 et seq.], and other sources of Federal and State support;

(B) the training-related placement of women in nontraditional employment and apprenticeships;

(C) a description of efforts to be undertaken to accomplish such goals, including efforts to increase awareness of such training and placement opportunities; and

(D) a description of efforts to coordinate activities provided pursuant to this chapter and the Carl D. Perkins Vocational and Applied Technology Education Act to train and place women in nontraditional employment.

(5) The State plan shall include a description of the manner in which the State will encourage the successful carrying out of-

(A) training activities for eligible individuals whose placement is the basis for the payment to the State of the incentive bonus authorized by subchapter V of this chapter; and

(B) the training services, outreach activities, and preemployment supportive services furnished to such individuals.

(6) The Governor shall report to the Secretary the adjustments made in the performance standards and the factors that are used in making the adjustments.

(7) If major changes occur in labor market conditions, funding, or other factors during the two-year period covered by the plan, the State shall submit a modification to the Secretary describing these changes.

(c) Governor's coordination and special services activities

Governor's coordination and special services activities may include-

(1) making available to service delivery areas, with or without reimbursement and upon request, appropriate information and technical assistance to assist in developing and implementing plans and programs;

(2) carrying out special model training and employment programs and related services (including programs receiving financial assistance from private sources);

(3) providing programs and related services for offenders, homeless individuals and other individuals whom the Governor determines require special assistance;

(4) providing financial assistance for special programs and services designed to meet the needs of rural areas outside major labor market areas;

(5) providing training opportunities in the conservation and efficient use of energy, and the development of solar energy sources as defined in section 3 of the Solar Energy Research, Development and Demonstration Act of 1974 [42 U.S.C. 5552];

(6) industry-wide training;

(7) coordination of activities relating to part A of subchapter II of this chapter with activities under subchapter III of this chapter;

(8) developing and providing to service delivery areas information on a State and local area basis regarding economic, industrial, and labor market conditions;

(9) providing programs and related services to encourage the recruitment of women for training, placement, and retention in nontraditional employment;

(10) providing preservice and inservice training for planning, management, and delivery staffs of administrative entities and private industry councils, as well as contractors for State supported programs;

(11) providing statewide programs which provide for joint funding of activities under this chapter with services and activities under other Federal, State, or local employment-related programs, including programs of the Department of Veterans Affairs; and

(12) making available to service delivery areas appropriate information and technical assistance to assist in developing and implementing joint programs, including youth corps programs, in which activities supported under this chapter are coordinated with activities supported under the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.).

(d) Approval by Secretary

A Governor's coordination and special services plan shall be approved by the Secretary unless the Secretary determines that the plan does not comply with specific provisions of this chapter.

( Pub. L. 97–300, title I, §121, Oct. 13, 1982, 96 Stat. 1337 ; Pub. L. 99–496, §15(d), Oct. 16, 1986, 100 Stat. 1266 ; Pub. L. 99–570, title XI, §11004(a), Oct. 27, 1986, 100 Stat. 3207–168 ; Pub. L. 100–628, title VII, §714(c), Nov. 7, 1988, 102 Stat. 3256 ; Pub. L. 102–54, §13(k)(2)(B), June 13, 1991, 105 Stat. 277 ; Pub. L. 102–235, §5, Dec. 12, 1991, 105 Stat. 1807 ; Pub. L. 102–367, title I, §121, title VII, §702(a)(4), Sept. 7, 1992, 106 Stat. 1037 , 1112; Pub. L. 104–193, title I, §110(n)(3), Aug. 22, 1996, 110 Stat. 2174 .)

Repeal of Section

Pub. L. 105–220, title I, §199(b)(2), (c)(2)(B), Aug. 7, 1998, 112 Stat. 1059 , provided that this section is repealed effective July 1, 2000.

References in Text

The Social Security Act, referred to in subsec. (b)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620 , as amended. Title IV of the Act is classified generally to subchapter IV (§601 et seq.) 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 Carl D. Perkins Vocational and Applied Technology Education Act, referred to in subsec. (b)(4)(A), (D), is Pub. L. 88–210, Dec. 18, 1963, 77 Stat. 403 , as amended, which was classified generally to chapter 44 (§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, §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 National and Community Service Act of 1990, referred to in subsec. (c)(12), is Pub. L. 101–610, Nov. 16, 1990, 104 Stat. 3127 , as amended, which is classified principally to chapter 129 (§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.

Amendments

1996-Subsec. (b)(2). Pub. L. 104–193 substituted "the work activities required under title IV of the Social Security Act" for "the JOBS program" and struck out at end "The plan shall describe the procedures developed by the State to ensure that the State JOBS plan is consistent with the coordination criteria specified in this plan and identify the procedures developed to provide for the review of the JOBS plan by the State Job Training Coordinating Council."

1992-Subsec. (b)(1). Pub. L. 102–367, §702(a)(4), substituted "1603, or 1643" for "and 1603".

Subsec. (b)(2). Pub. L. 102–367, §121(a)(1), added par. (2) and struck out former par. (2) which read as follows: "The plan shall describe the projected use of resources, including oversight and support activities, priorities and criteria for State incentive grants, and performance goals for State supported programs."

Subsec. (b)(3) to (7). Pub. L. 102–367, §121(a)(2), (3), added par. (3) and redesignated former pars. (3) to (6) as (4) to (7), respectively.

Subsec. (c)(7). Pub. L. 102–367, §121(b)(1), inserted "coordination of activities relating to part A of subchapter II of this chapter with" before "activities".

Subsec. (c)(12). Pub. L. 102–367, §121(b)(2)–(4), added par. (12).

1991-Subsec. (b)(3) to (6). Pub. L. 102–235, §5(a), added par. (3) and redesignated former pars. (3) to (5) as (4) to (6), respectively.

Subsec. (c)(9) to (11). Pub. L. 102–235, §5(b), added par. (9) and redesignated former pars. (9) and (10) as (10) and (11), respectively.

Pub. L. 102–54 substituted "programs of the Department of Veterans Affairs" for "Veterans' Administration programs" in par. (10).

1988-Subsec. (b)(3) to (5). Pub. L. 100–628 added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively.

1986-Subsec. (b)(1). Pub. L. 99–570, §11004(a)(1), inserted ", programs for the homeless".

Subsec. (c)(3). Pub. L. 99–570, §11004(a)(2), inserted ", homeless individuals".

Subsec. (c)(10). Pub. L. 99–496 inserted ", including Veterans' Administration programs".

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–193 effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, as amended, set out as an Effective Date note under section 601 of Title 42, The Public Health and Welfare.

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–367 effective July 1, 1993, see section 701(a) of Pub. L. 102–367, set out as an Effective Date of 1992 Amendment; Transition Provisions note under section 1501 of this title.

Effective Date of 1991 Amendment

Amendment by Pub. L. 102–235 effective Dec. 12, 1991, except that requirements imposed by amendment applicable to plan or report filed or reviewed for program years beginning on or after July 1, 1992, see section 12 of Pub. L. 102–235, set out as a note under section 1514 of this title.

Construction of 1991 Amendment

Amendment by Pub. L. 102–235 not to be construed to require, sanction, or authorize discrimination on the basis of race, color, religion, sex, national origin, handicap, or age, see section 11 of Pub. L. 102–235, set out as a note under section 1501 of this title.

Section Referred to in Other Sections

This section is referred to in sections 1515, 1602, 1603, 1642, 1643, 1733 of this title.

¹ So in original. Probably should be "section".

² So in original. Probably should be followed by a comma.