§ 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
Page 609 TITLE 29—LABOR § 1532

2So in original.

3So in original. Probably should be ‘‘Vocational and Applied

Technology’’.

Education Act [20 U.S.C. 2321(b)], 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.)

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 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 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
§ 1533 TITLE 29—LABOR Page 610

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 49j, 1602, 1642,

1733 of this title; title 20 section 2322.

§ 1533. State education coordination and grants

(a) Allotment

(1) In general

The Secretary shall allot to the Governor for

allocation to any State education agency the

sums made available to carry out this section

under sections 1602(c)(1)(C) and 1642(c)(1)(C) of

this title to pay for the Federal share of carrying out the projects described in paragraph (2).

In allocating such funds to the State education agency, the Governor shall not establish requirements governing the geographic

distribution of funds under this section.

(2) Projects

Funds allocated under paragraph (1) may be

used to pay for the Federal share of carrying

out projects (in accordance with agreements

under subsection (b) of this section) that—

(A) provide school-to-work transition services of demonstrated effectiveness that increase the rate of graduation from high

school, or completion of the recognized

equivalent thereof, including services that

increase the rate at which school dropouts

return to regular or alternative schooling

and obtain a high school degree or its equivalent, and, which may include, services to

support multiyear dropout prevention programs of demonstrated effectiveness;

(B) provide literacy and lifelong learning

opportunities and services of demonstrated

effectiveness that—

(i) enhance the knowledge and skills of

educationally and economically disadvantaged individuals; and

(ii) result in increasing the employment

and earnings of such individuals;

(C) provide statewide coordinated approaches, including model programs, to

train, place, and retain women in nontraditional employment; and

(D)(i) facilitate coordination of education

and training services for eligible participants in projects described in subparagraphs

(A), (B), and (C); or

(ii)(I) support activities pertaining to a

State human resources investment council

that meets the requirements of subchapter

VI of this chapter and includes each of the

programs described in clauses (i) through

(vii) of section 1792(b)(2)(A) of this title; or

(II) support activities pertaining to a

State council, which carries out functions

similar to the functions of the State human

resource investment council described in

subchapter VI of this chapter, if such State

council was established prior to July 1, 1992.

(3) Federal share

The Federal share of the cost of carrying out

the projects described in paragraph (2) shall be

50 percent.

(b) Agreements required

(1) Parties to agreements

The projects described in subsection (a)(2) of

this section shall be conducted within a State

in accordance with agreements that—

(A) reflect the goals and services described

in paragraphs (1), (2), and (3) of subsection

(c) of this section; and

(B) are developed between the State education agency, administrative entities in

service delivery areas in the State, and

other entities, such as other State agencies,