§ 1531 TITLE 29—LABOR Page 606

1So in original. Probably should be ‘‘section’’.

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

Amendment; Transition Provisions note under section

1501 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1518, 1604 of this

title.

PART B—ADDITIONAL STATE RESPONSIBILITIES

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 1551 of this title.

§ 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 WagnerPeyser 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
Page 607 TITLE 29—LABOR § 1531

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.)

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 is classified generally to chapter 44

(§2301 et seq.) of Title 20, Education. For complete classification of this Act 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, 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.
§ 1532 TITLE 29—LABOR Page 608

1See References in Text note below.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1515, 1602, 1603,

1642, 1643, 1733 of this title; title 42 section 683.

§ 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 communitybased 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