Page 599 TITLE 29—LABOR § 1515

(c) Modification of the plan

If changes in labor market conditions, funding, or other factors require substantial deviation from an approved job training plan, the

private industry council and the appropriate

chief elected official or officials (as described in

section 1513(c) of this title) shall submit a modification of such plan (including modification of

the budget under subsection (b)(6) of this section), which shall be subject to review in accordance with section 1515 of this title.

(Pub. L. 97–300, title I, §104, Oct. 13, 1982, 96 Stat.

1331; Pub. L. 100–628, title VII, §714(a), Nov. 7,

1988, 102 Stat. 3255; Pub. L. 102–235, §4, Dec. 12,

1991, 105 Stat. 1807; Pub. L. 102–367, title I, §113,

Sept. 7, 1992, 106 Stat. 1027.)

REFERENCES IN TEXT

The National and Community Service Act of 1990, referred to in subsec. (b)(4)(C), 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

1992—Subsec. (a). Pub. L. 102–367, §113(a), inserted

‘‘under subchapter II of this chapter’’ after ‘‘appropriated’’.

Subsec. (b). Pub. L. 102–367, §113(b), amended subsec.

(b) generally, substituting pars. (1) to (13) for former

pars. (1) to (12) which also related to contents of job

training plans.

1991—Subsec. (b)(5) to (11). Pub. L. 102–235, §4(1), (2),

added par. (5) and redesignated former pars. (5) to (10)

as (6) to (11), respectively. Former par. (11) redesignated (12).

Subsec. (b)(12). Pub. L. 102–235, §4(1), (3), redesignated

par. (11) as (12) and added subpars. (D) and (E).

1988—Subsec. (b)(7) to (11). Pub. L. 100–628 redesignated pars. (7) to (10) as (8) to (11), respectively, and

added a new par. (7). The portion of Pub. L. 100–628 directing redesignation of par. (11) as (12) could not be executed because subsec. (b) did not contain a par. (11).

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

Section 12 of Pub. L. 102–235 provided that: ‘‘This Act

[enacting section 1737 of this title, amending this section and sections 1503, 1531 to 1533, and 1604 of this title,

and enacting provisions set out as notes under sections

1501 and 1737 of this title] and the amendments made by

this Act shall take effect upon the date of enactment

of this Act [Dec. 12, 1991], except that the requirements

imposed by sections 4, 5, and 6 of this Act [amending

this section and sections 1531 and 1532 of this title]

shall apply to the plan or report filed or reviewed for

program years beginning on or after July 1, 1992.’’

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 1513, 1515, 1531,

1532, 1551, 1604, 1632 of this title; title 20 section 2323.

§ 1515. Review and approval of plan

(a) Times for publication of plan and modifications

(1) Not less than 120 days before the beginning

of the first of the two program years covered by

the job training plan—

(A) the proposed plan or summary thereof

shall be published; and

(B) such plan shall be made available for review and comment to—

(i) each house of the State legislature for

appropriate referral;

(ii) appropriate community-based organizations and local educational and other public agencies in the service delivery area; and

(iii) labor organizations in the area which

represent employees having the skills in

which training is proposed; and

(C) such plan shall be reasonably available

to the general public through such means as

public hearings and local news facilities.

(2) The final plan, or a summary thereof, shall

be published not later than 80 days before the

first of the two program years and shall be submitted to the Governor in accordance with section 1513(d)(2) of this title. Any modification

shall be published not later than 80 days before

it is effective and shall be submitted to the Governor in accordance with such section.

(b) Governor’s approval of plan: criteria, time,

and petitions opposing

(1) The Governor shall approve the job training plan or modification thereof unless he finds

that—

(A) corrective measures for deficiencies

found in audits or in meeting performance

standards from previous years have not been

taken or are not acceptably underway;

(B) the entity proposed to administer the

program does not have the capacity to administer the funds;

(C) there are inadequate safeguards for the

protection of funds received;

(D) the plan (or modification) does not comply with a particular provision or provisions of

this chapter or of regulations of the Secretary

under this chapter; or

(E) the plan (or modification) does not comply with the criteria under sections 1531(b),

1605, and 1645 of this title for coordinating activities under this chapter with related program activities.

(2) The Governor shall approve or disapprove a

job training plan (or modification) within 30

days after the date that the plan (or modification) is submitted, except that if a petition is

filed under paragraph (3) such period shall be extended to 45 days. Any disapproval by the Governor may be appealed to the Secretary, who

shall make a final decision of whether the Governor’s disapproval complies with paragraph (1)

of this subsection within 45 days after receipt of

the appeal.

(3)(A) Interested parties may petition the Governor within 15 days of the date of submission

for disapproval of the plan or modification

thereof if—

(i) the party can demonstrate that it represents a substantial client interest,
§ 1516 TITLE 29—LABOR Page 600

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

(ii) the party took appropriate steps to present its views and seek resolution of disputed

issues prior to submission of the plan to the

Governor, and

(iii) the request for disapproval is based on a

violation of statutory requirements.

(B) If the Governor approves the plan (or

modification), the Governor shall notify the petitioner in writing of such decision and the reasons therefor.

(c) Redesignation of service delivery areas and

private industry councils

(1) If a private industry council and the appropriate chief elected official or officials fail to

reach the agreement required under section

1513(b) or (d) of this title and, as a consequence,

funds for a service delivery area may not be

made available under section 1514 of this title,

then the Governor shall redesignate, without regard to sections 1 1511(a)(4) and (c)(1) of this

title, the service delivery areas in the State to

merge the affected area into one or more other

service delivery areas, in order to promote the

reaching of agreement.

(2) In any State in which service delivery

areas are redesignated under paragraph (1), private industry councils shall, to the extent necessary for the redesignation, be reconstituted

and job training plans modified as required to

comply with sections 1512 and 1513 of this title.

Services under an approved plan shall not be

suspended while the council is reconstituted and

the plan is modified.

(d) Authority of Secretary in single plan States

In any case in which the service delivery area

is a State, the plan (or modification) shall be

submitted to the Secretary for approval. For the

purpose of this subsection, the Secretary shall

have the same authority as the Governor has

under this section.

(Pub. L. 97–300, title I, §105, Oct. 13, 1982, 96 Stat.

1332; Pub. L. 102–367, title I, §114, Sept. 7, 1992,

106 Stat. 1030.)

AMENDMENTS

1992—Subsec. (a)(1)(B)(ii). Pub. L. 102–367, §114(1), inserted ‘‘community-based organizations and’’ after ‘‘appropriate’’.

Subsec. (b)(1)(E). Pub. L. 102–367, §114(2), substituted

‘‘sections 1531(b), 1605, and 1645 of this title’’ for ‘‘section 1531(b) of this title’’.

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1511, 1514, 1578,

1661, 1661b of this title.

§ 1516. Performance standards

(a) Findings

The Congress recognizes that job training is

an investment in human capital and not an expense. In order to determine whether that investment has been productive, the Congress

finds that—

(1) it is essential that criteria for measuring

the return on this investment be developed;

and

(2) the basic return on the investment is to

be measured by long-term economic self-sufficiency, increased employment and earnings,

reductions in welfare dependency, and increased educational attainment and occupational skills.

(b) Subchapter II performance standards

(1) General objective

In prescribing performance standards for

programs under parts A and C of subchapter II

of this chapter, the Secretary shall ensure

that States and service delivery areas will

make efforts to increase services and positive

outcomes for hard-to-serve individuals.

(2) Achievement of basic measures

In order to determine whether the basic

measures described in subsection (a) of this

section are achieved for programs under parts

A and C of subchapter II of this chapter, the

Secretary, in consultation with the Secretary

of Education and the Secretary of Health and

Human Services, shall prescribe performance

standards.

(3) Factors for adult standards

The Secretary shall base the performance

standards for adult programs under part A of

subchapter II of this chapter on appropriate

factors, which may include—

(A) placement in unsubsidized employment;

(B) retention for not less than 6 months in

unsubsidized employment;

(C) an increase in earnings, including

hourly wages;

(D) a reduction in welfare dependency; and

(E) acquisition of skills, including basic

skills, required to promote continued employability in the local labor market (including attainment of the competency levels

described in paragraph (5)), or acquisition of

a high school diploma or the equivalent of

the diploma, if the acquisition of such skills

or diploma is in addition to obtaining one or

more of the outcomes described in subparagraphs (A) through (D).

(4) Factors for youth standards

(A) In general

The Secretary shall base the performance

standards for youth programs under part C

of subchapter II of this chapter on appropriate factors described in paragraph (3), and

on factors including—

(i) attainment of employment competencies (including attainment of the

competency levels described in paragraph

(5));

(ii) dropout prevention and recovery;

(iii) secondary and postsecondary school

completion or the equivalent of such completion; and

(iv) enrollment in other training programs, apprenticeships, or postsecondary

education, or enlistment in the Armed

Forces.