§1532. State job training coordinating council

(a) Requirement; appointments; composition; meetings; support personnel; limitations; approval by Governor

(1) Except as provided in subsection (d) of this section, any State which desires to receive financial assistance under this chapter shall establish a State job training coordinating council (hereinafter in this section referred to as the "State council"). Funding for the council shall be provided pursuant to sections 1602(c)(1)(A) and 1642(c)(1)(A) of this title.

(2) The State council shall be appointed by the Governor, who shall designate one nongovernmental member thereof to be chairperson. In making appointments to the State council, the Governor shall ensure that the membership of the State council reasonably represents the population of the State.

(3) The State job training coordinating council shall be composed as follows:

(A) Thirty percent of the membership of the State council shall be representatives of business and industry (including agriculture, where appropriate), including individuals who are representatives of business and industry on private industry councils within the State.

(B) Thirty percent of the membership of the State council shall be-

(i) representatives of the State legislature, and State agencies and organizations, such as the State educational agency, the State vocational education board, the State advisory council on vocational education, the State board of education (when not otherwise represented), State public assistance agencies, the State employment security agency, the State rehabilitation agency, the State occupational information coordinating committee, State postsecondary institutions, the State economic development agency, State veterans' affairs agencies or equivalent, and such other agencies as the Governor determines to have a direct interest in employment and training and human resource utilization within the State; and

(ii) representatives of the units or consortia of general local government in the State who shall be nominated by the chief elected officials of the units or consortia of units of general local government, and the representatives of local educational agencies who shall be nominated by local educational agencies.

(C) Thirty percent of the membership of the State council shall be representatives of organized labor and representatives of community-based organizations in the State.

(D) Ten percent of the membership of the State council shall be appointed from the general public by the Governor of the State.

(4) The State council shall meet at such times and in such places as it deems necessary. The meetings shall be publicly announced, and, to the extent appropriate, open and accessible to the general public.

(5) The State council is authorized to obtain the services of such professional, technical, and clerical personnel as may be necessary to carry out its functions under this chapter.

(6) In order to assure objective management and oversight, the State council shall not operate programs or provide services directly to eligible participants, but shall exist solely to plan, coordinate, and monitor the provision of such programs and services.

(7) The plans and decisions of the State council shall be subject to approval by the Governor.

(b) Duties

The State council shall-

(1) recommend a Governor's coordination and special services plan;

(2) recommend to the Governor substate service delivery areas, plan resource allocations not subject to section 1602(b) or 1642(b) of this title, provide management guidance and review for all programs in the State, develop appropriate linkages with other programs, coordinate activities with private industry councils, and develop the Governor's coordination and special services plan and recommend variations in performance standards;

(3) advise the Governor and local entities on job training plans and certify the consistency of such plans with criteria under the Governor's coordination and special services plan for coordination of activities under this chapter with other Federal, State, and local employment-related programs, including programs operated in designated enterprise zones;

(4) review the operation of programs conducted in each service delivery area, and the availability, responsiveness, and adequacy of State services, and make recommendations to the Governor, appropriate chief elected officials, and private industry councils, service providers, the State legislature, and the general public with respect to ways to improve the effectiveness of such programs or services;

(5) review the reports made pursuant to subparagraphs (D) and (E) of section 1514(b)(12) ¹ of this title and make recommendations for technical assistance and corrective action, based on the results of such reports;

(6) prepare a summary of the reports made pursuant to subparagraphs (D) and (E) of section 1514(b)(12) ¹ of this title detailing promising service delivery approaches developed in each service delivery area for the training and placement of women in nontraditional occupations, and disseminate annually such summary to service delivery areas, service providers throughout the State, and the Secretary;

(7) review the activities of the Governor to train, place, and retain women in nontraditional employment, including activities under section 1533 of this title, prepare a summary of activities and an analysis of results, and disseminate annually such summary to service delivery areas, service providers throughout the State, and the Secretary;

(8) consult with the sex equity coordinator established under section 111(b) of the Carl D. Perkins Vocational and Applied Technology Education Act, obtain from the sex equity coordinator a summary of activities and an analysis of results in training women in nontraditional employment under the Carl D. Perkins Vocational and Applied Technology Education Act [20 U.S.C. 2301 et seq.], and disseminate annually such summary to service delivery areas, service providers throughout the State, and the Secretary;

(9) review and comment on the State plan developed for the State employment service agency;

(10) make an annual report to the Governor which shall be a public document, and issue such other studies, reports, or documents as it deems advisable to assist service delivery areas in carrying out the purposes of this chapter;

(11)(A) identify, in coordination with the appropriate State agencies, the employment and training and vocational education needs throughout the State, and assess the extent to which employment and training, vocational education, rehabilitation services, public assistance, economic development, and other Federal, State, and local programs and services represent a consistent, integrated, and coordinated approach to meeting such needs; and

(B) comment at least once annually on the the ² measures taken pursuant to section 113(b)(14) of the Carl D. Perkins Vocational ³ Education Act [20 U.S.C. 2323(b)(14)]; and

(12) review plans of all State agencies providing employment, training, and related services, and provide comments and recommendations to the Governor, the State legislature, the State agencies, and the appropriate Federal agencies on the relevancy and effectiveness of employment and training and related service delivery systems in the State.

(c) Transferability of functions

In addition to the functions described in subsection (b) of this section, the Governor may, to the extent permitted by applicable law, transfer functions which are related to functions under this chapter to the council established under this section from any State coordinating committee for the work incentive program under title IV of the Social Security Act [42 U.S.C. 601 et seq.] or any advisory council established under the Wagner-Peyser Act [29 U.S.C. 49 et seq.].

(d) Designation of State human resources investment council to carry out duties of State Council

(1) In lieu of establishing the State council required under subsection (a) of this section, each State may satisfy the requirements of this section by designating the State human resource investment council established in accordance with subchapter VI of this chapter (in this subsection referred to as the "State Council") to carry out the duties described in subsection (b) of this section.

(2) Funding provided to carry out this section may be allotted to the State Council to carry out such functions and the other functions of the State Council if the Governor and the head of the State agency responsible for administration of programs under this chapter agree to such an allotment.

( Pub. L. 97–300, title I, §122, Oct. 13, 1982, 96 Stat. 1339 ; Pub. L. 97–404, §1(d), Dec. 31, 1982, 96 Stat. 2026 ; Pub. L. 98–524, §4(a)(2), Oct. 19, 1984, 98 Stat. 2487 ; Pub. L. 100–418, title VI, §6304(b), Aug. 23, 1988, 102 Stat. 1538 ; Pub. L. 102–235, §6, Dec. 12, 1991, 105 Stat. 1808 ; Pub. L. 102–367, title VI, §601(b)(3), title VII, §702(a)(5), Sept. 7, 1992, 106 Stat. 1103 , 1112.)

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

Section 1514(b) of this title, referred to in subsec. (b)(5), (6), was amended generally by Pub. L. 102–367, title I, §113(b), Sept. 7, 1992, 106 Stat. 1027 , which restated in section 1514(b)(13)(D) and (E) the provisions formerly contained in section 1514(b)(12)(D) and (E). Section 1514(b)(12) no longer contains a subpar. (D) or (E).

The Carl D. Perkins Vocational and Applied Technology Education Act, referred to in subsec. (b)(8), 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 . Section 111 of the Act was classified to section 2321 of Title 20 prior to the general amendment of Pub. L. 88–210 by Pub. L. 105–332. 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 Social Security Act, referred to in subsec. (c), is act Aug. 14, 1935, ch. 531, 49 Stat. 620 , as amended. Title IV of such 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 Wagner-Peyser Act, referred to in subsec. (c), is act June 6, 1933, ch. 49, 48 Stat. 113 , as amended, which is classified generally to chapter 4B (§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.

Amendments

1992-Subsec. (a)(1). Pub. L. 102–367, §702(a)(5)(A), substituted "sections 1602(c)(1)(A) and 1642(c)(1)(A)" for "section 1602(b)(4)".

Pub. L. 102–367, §601(b)(3)(A), substituted "Except as provided in subsection (d) of this section, any" for "Any".

Subsec. (b)(2). Pub. L. 102–367, §702(a)(5)(B), substituted "section 1602(b) or 1642(b)" for "section 1602(a)".

Subsec. (b)(11)(B). Pub. L. 102–367, §702(a)(5)(C), substituted "section 113(b)(14)" for "section 113(b)(9)".

Subsec. (d). Pub. L. 102–367, §601(b)(3)(B), added subsec. (d).

1991-Subsec. (b)(5) to (12). Pub. L. 102–235 added pars. (5) to (8) and redesignated former pars. (5) to (8) as (9) to (12), respectively.

1988-Subsec. (a)(3). Pub. L. 100–418 amended par. (3) generally. Prior to amendment, par. (3) read as follows: "The State council shall be composed as follows:

"(A) One-third of the membership of the State council shall be representatives of business and industry (including agriculture, where appropriate) in the State, including individuals who are representatives of business and industry on private industry councils in the State.

"(B) Not less than 20 percent of the membership of the State council shall be representatives of the State legislature and State agencies and organizations, such as the State educational agency, the State vocational education board, the State advisory council on vocational education, the State board of education (when not otherwise represented), State public assistance agencies, the State employment security agency, the State rehabilitation agency, the State occupational information coordinating committee, State postsecondary institutions, the State economic development agency, State veterans' affairs agencies or equivalent, and such other agencies as the Governor determines to have a direct interest in employment and training and human resource utilization within the State.

"(C) Not less than 20 percent of the membership of the State council shall be representatives of the units or consortia of units of general local government in such State (including those which are administrative entities or grantees under this chapter) which shall be nominated by the chief elected officials of the units or consortia of units of general local government; and

"(D) Not less than 20 percent of the membership of the State council shall be representatives of the eligible population and of the general public, representatives of organized labor, representatives of community-based organizations, and representatives of local educational agencies (nominated by local educational agencies)."

1984-Subsec. (a)(8). Pub. L. 98–524, §4(a)(2)(A), struck out par. (8) which defined State council.

Subsec. (b)(7)(B). Pub. L. 98–524, §4(a)(2)(B), substituted "the measures taken pursuant to section 113(b)(9) of the Carl D. Perkins Vocational Education Act" for "reports required pursuant to section 105(d)(3) of the Vocational Education Act of 1963".

1982-Subsec. (a)(3)(C). Pub. L. 97–404 substituted "elected officials" for "executive officers".

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.

Effective Date of 1988 Amendment; Transition Provisions

Amendment by Pub. L. 100–418 effective for program years beginning on or after July 1, 1989, except as otherwise provided, see section 6305 of Pub. L. 100–418, formerly set out as an Effective Date; Transition Provisions note under section 1651 of this title.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–524 effective for fiscal years beginning on or after Oct. 1, 1984, except as otherwise provided, see section 2 of Pub. L. 98–524, set out as an Effective Date note under section 2301 of Title 20, Education.

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 1602, 1642, 1733, 2821 of this title.

¹ See References in Text note below.

² So in original.

³ So in original. Probably should be "Vocational and Applied Technology".