Page 713 TITLE 29—LABOR § 1792a

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

shall only apply to such program if, in addition to meeting the requirements of subparagraph (A), the State council on vocational

education agrees to include such program

under the jurisdiction of the State Council.

(2) Programs

In accordance with the requirements of

paragraph (1), applicable Federal human resource programs—

(A) may include the programs authorized

under—

(i) this chapter;

(ii) the Carl D. Perkins Vocational and

Applied Technology Education Act (20

U.S.C. 2301 et seq.);

(iii) the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.);

(iv) the Adult Education Act (20 U.S.C.

1201 et seq.);

(v) the Wagner-Peyser Act (29 U.S.C. 49

et seq.); and

(vi) Repealed. Pub. L. 104–193, title I,

§110(n)(17)(B), Aug. 22, 1996, 110 Stat. 2175;

(vii) the employment program established under section 6(d)(4) of the Food

Stamp Act of 1977 (7 U.S.C. 2015(d)(4)); and

(B) may not include programs authorized

under the Rehabilitation Act of 1973 (29

U.S.C. 701 et seq.).

(Pub. L. 97–300, title VII, §701, as added Pub. L.

102–367, title VI, §601(a), Sept. 7, 1992, 106 Stat.

1099; amended Pub. L. 104–193, title I, §110(n)(17),

Aug. 22, 1996, 110 Stat. 2175.)

REFERENCES IN TEXT

The Carl D. Perkins Vocational and Applied Technology Education Act, referred to in subsec. (b)(1)(B),

(2)(A)(ii), 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. (b)(2)(A)(iii), 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.

The Adult Education Act, referred to in subsec.

(b)(2)(A)(iv), is title III of Pub. L. 89–750, Nov. 3, 1966, 80

Stat. 1216, as amended, which is classified generally to

chapter 30 (§1201 et seq.) of Title 20, Education. For

complete classification of this Act to the Code, see

Short Title note set out under section 1201 of Title 20

and Tables.

The Wagner-Peyser Act, referred to in subsec.

(b)(2)(A)(v), 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.

The Rehabilitation Act of 1973, referred to in subsec.

(b)(2)(B), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, as

amended, which is classified generally to chapter 16

(§701 et seq.) of this title. For complete classification of

this Act to the Code, see Short Title note set out under

section 701 of this title and Tables.

AMENDMENTS

1996—Subsec. (b)(2)(A)(v). Pub. L. 104–193,

§110(n)(17)(A), inserted ‘‘and’’ at end.

Subsec. (b)(2)(A)(vi). Pub. L. 104–193, §110(n)(17)(B),

struck out cl. (vi) which read as follows: ‘‘part F of

title IV of the Social Security Act (42 U.S.C. 681 et

seq.); and’’.

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

Subchapter 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 section 1533 of this title.

§ 1792a. Composition

(a) In general

Each State Council shall be composed as follows:

(1) Each State Council shall include the head

of each State agency responsible for the administration of an applicable Federal human

resource program.

(2)(A) Each State Council shall include one

or more representatives, appointed by the

Governor to the State Council for a minimum

of 2 years, from each of the following:

(i) Local public education.

(ii) A postsecondary institution.

(iii) A secondary or postsecondary vocational educational institution.

(iv) A community-based organization.

(B) The total number of representatives appointed under clause 1 (i), (ii), and (iii) of subparagraph (A) shall constitute not less than 15

percent of the membership of the State Council.

(3)(A) Each State Council shall include individuals, appointed by the Governor to the

State Council for a minimum of 2 years, from

among the following:

(i) Representatives of business and industry, who shall constitute not less than 15

percent of the membership of the State

Council, including individuals who are representatives of business and industry on private industry councils established within

the State under section 1512 of this title.

(ii) Representatives of organized labor

who—

(I) shall be selected from among individuals nominated by recognized State labor

federations; and

(II) shall constitute not less than 15 percent of the membership of the State Council.

(B) If the State labor federation fails to

nominate a sufficient number of individuals

under subclause (I) of subparagraph (A)(ii) to
§ 1792b TITLE 29—LABOR Page 714

satisfy the requirement under subclause (II) of

such subparagraph, individual workers may be

included on the State Council to satisfy such

requirement.

(b) Additional members

Each State Council may also include additional qualified members, who may be selected

from—

(1) representatives from local welfare agencies;

(2) representatives from public housing agencies;

(3) representatives from units of general

local government or consortia of such units,

appointed from nominations made by the chief

elected officials of such units or consortia;

(4) representatives from the State legislature;

(5) representatives from any State or local

program that receives funding under an applicable Federal human resource program that

the Governor determines to have a direct interest in the utilization of human resources

within the State; and

(6) individuals who have special knowledge

and qualifications with respect to special education and career development needs of hardto-serve individuals.

(c) Additional requirements

(1) Percentage limitation

None of the following categories of individuals may constitute more than 60 percent of

the membership of each State Council:

(A) Individuals selected under subsection

(a)(1) of this section.

(B) Individuals appointed under subsection

(a)(2) of this section.

(C) Individuals appointed under subsection

(a)(3)(A)(i) of this section.

(D) Individuals appointed under subsection

(a)(3)(A)(ii) of this section.

(E) Individuals selected under subsection

(b) of this section.

(2) Expertise

The Governor shall ensure that both the

State Council and the staff of the State Council have sufficient expertise to effectively

carry out the duties and functions of existing

State councils described under the laws relating to the applicable Federal human resource

programs. Such expertise shall include, where

appropriate, knowledge of—

(A) the long-term needs of individuals preparing to enter the workforce;

(B) the needs of local, State, and regional

labor markets; and

(C) the methods for evaluating the effectiveness of vocational training programs in

serving varying populations.

(Pub. L. 97–300, title VII, §702, as added Pub. L.

102–367, title VI, §601(a), Sept. 7, 1992, 106 Stat.

1101.)

§ 1792b. Administration

(a) Funding

In order to carry out the functions of the

State Council, each State establishing a State

Council that meets the requirements of this subchapter may—

(1) use funds otherwise available for State

councils under the applicable Federal human

resource programs;

(2) use funds otherwise available under the

applicable Federal human resource programs,

consistent with the laws and regulations governing such programs, including funds available to carry out section 1533(a)(2)(D) of this

title, except that, with respect to the Carl D.

Perkins Vocational and Applied Technology

Education Act (20 U.S.C. 2301 et seq.), such

State may use funds only to the extent provided under section 112(g) of such Act [20

U.S.C. 2322(g)]; and

(3) use funds, services, personnel, facilities

and information provided by State and local

public agencies, with the consent of such agencies.

(b) Personnel

Each State Council may obtain the services of

such professional, technical, and clerical personnel as may be necessary to carry out its functions.

(c) Certification

Each State shall certify to the Secretary the

establishment and membership of the State

Council at least 90 days before the beginning of

each period of 2 program years for which a job

training plan is submitted under this chapter.

(d) Equitable funding

Each State agency participating in a State

Council under this subchapter is encouraged to

provide funds to support such Council in a manner consistent with its representation on such

Council.

(Pub. L. 97–300, title VII, §703, as added Pub. L.

102–367, title VI, §601(a), Sept. 7, 1992, 106 Stat.

1102.)

REFERENCES IN TEXT

The Carl D. Perkins Vocational and Applied Technology Education Act, referred to in subsec. (a)(2), 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.

CHAPTER 20—MIGRANT AND SEASONAL

AGRICULTURAL WORKER PROTECTION

Sec.

1801. Congressional statement of purpose.

1802. Definitions.

1803. Applicability of chapter.

SUBCHAPTER I—FARM LABOR CONTRACTORS

1811. Certificate of registration required.

(a) Persons engaged in any farm labor

contracting activity.

(b) Hire, employ, or use of any individual

to perform farm labor contracting

activities by farm labor contractor;

liability of farm labor contractor

for violations.

(c) Possession and exhibition of certificate.

(d) Refusal or failure to produce certificate.

1812. Issuance of certificate of registration.

1813. Registration determinations.

(a) Grounds for refusal to issue or renew,

suspension, or revocation of certificate.