§ 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,
Page 611 TITLE 29—LABOR § 1533

1See References in Text note below.

local educational agencies, and alternative

service providers (such as community-based

and other nonprofit or for-profit organizations).

(2) Contents of agreements

(A) Contribution

The agreements described in paragraph (1)

shall provide for the contribution by the

State, from funds other than the funds made

available under this chapter, of a total

amount equal to the funds allotted under

this section.

(B) Direct cost of services

Such amount may include the direct cost

of employment or training services—

(i) provided by State or local programs

or agencies; or

(ii) provided by other Federal programs

or agencies in accordance with applicable

Federal law.

(c) Governor’s plan requirements

The State education agency shall submit for

inclusion in the Governor’s coordination and

special services plan a description developed

jointly by the State education agency and the

Governor of—

(1) the goals to be achieved and services to

be provided by the school-to-work transition

programs specified in subsection (a)(2)(A) of

this section that will receive the assistance,

which description shall, at a minimum, include information regarding—

(A) the activities and services that will result in increasing the number of youth staying in or returning to school and graduating

from high school or the equivalent;

(B) the work-based curriculum that will

link classroom learning to work site experience and address the practical and theoretical aspects of work;

(C) the opportunities that will be made

available to participants to obtain careerpath employment and postsecondary education;

(D) the integration to be achieved, in appropriate circumstances, in the delivery of

services between State and local educational

agencies and alternative service providers,

such as community-based and nonprofit organizations; and

(E) the linkages that will be established,

where feasible, to avoid duplication and enhance the delivery of services, with programs under—

(i) subchapter II of this chapter and part

B of subchapter IV of this chapter;

(ii) the Elementary and Secondary Education Act [20 U.S.C. 6301 et seq.];

(iii) the Carl D. Perkins Vocational and

Applied Technology Education Act (20

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

(iv) the Individuals with Disabilities

Education Act (20 U.S.C. 1400 et seq.);

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

1201 et seq.);

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

§110(n)(4)(A), Aug. 22, 1996, 110 Stat. 2174;

(vii) the Stewart B. McKinney Homeless

Assistance Act (Public Law 100–77; 101

Stat. 482) [42 U.S.C. 11301 et seq.]; and

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

(2) the goals to be achieved and services to

be provided by literacy and lifelong learning

programs specified in subsection (a)(2)(B) of

this section that will receive the assistance,

which description shall, at a minimum, include information regarding—

(A) the activities and services that will increase the knowledge and skills of educationally and economically disadvantaged individuals, and result in increased employment and earnings for such individuals;

(B) the integration to be achieved between

projects assisted under this section and the

4-year State plan (and related needs assessment carried out for the plan) developed in

accordance with section 342 of the Adult

Education Act (20 U.S.C. 1206a);

(C) the variety of settings, including workplace settings, in which literacy training

and learning opportunities will be provided;

and

(D) the linkages that will be established,

where feasible, to avoid duplication and enhance the delivery of services, with programs under—

(i) subchapters II and III of this chapter;

(ii) the Adult Education Act [20 U.S.C.

1201 et seq.];

(iii) the Carl D. Perkins Vocational and

Applied Technology Education Act [20

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

(iv) the Stewart B. McKinney Homeless

Assistance Act [42 U.S.C. 11301 et seq.];

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

§110(n)(4)(B), Aug. 22, 1996, 110 Stat. 2174;

(vi) the Rehabilitation Act of 1973 (29

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

(vii) the National Literacy Act of 1991

(Public Law 102–73);

(viii) the Emergency Immigrant Education Act of 1984 1 (20 U.S.C. 3121 et seq.);

and

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

(3) the goals to be achieved and services to

be provided by the nontraditional employment

for women programs specified in subsection

(a)(2)(C) of this section that will receive the

assistance; and

(4) the proportion of funds received under

this section that will be used to achieve the

goals, and provide the services, described in

paragraphs (1), (2), and (3).

(d) Service requirements

(1) Permitted services

Services funded under this section to carry

out the projects described in subsection (a)(2)

of this section may include education and

training, vocational education services, and

related services, provided to participants

under subchapter II of this chapter. In addition, services funded under this section may

include services for offenders, veterans, and

other individuals who the Governor determines require special assistance.
§ 1533 TITLE 29—LABOR Page 612

(2) Limitations on expenditures

(A) Coordination of services

Not more than 20 percent of the funds allocated under this section may be expended to

pay for the Federal share of projects described in subsection (a)(2)(D) of this section

at the State and local levels.

(B) School-to-work services; literacy and lifelong learning services

Not less than 80 percent of the funds allocated under this section shall be expended to

pay for the Federal share of projects conducted in accordance with subparagraphs

(A), (B), and (C) of subsection (a)(2) of this

section.

(C) Economically disadvantaged individuals

Not less than 75 percent of the funds allocated for projects under subparagraphs (A),

(B), and (C) of subsection (a)(2) of this section shall be expended for projects for economically disadvantaged individuals who experience barriers to employment. Priority

for funds not expended for the economically

disadvantaged shall be given to subchapter

III participants and persons with barriers to

employment.

(e) Distribution of funds in absence of agreement

If no agreement is reached in accordance with

subsection (b) of this section on the use of funds

under this section, the funds shall be available

to the Governor to achieve the goals and provide

the services described in paragraph (1), (2), or (3)

of subsection (c) of this section.

(f) Reports and records

(1) Reports by Governors

The Governor shall prepare reports on the

projects funded under this section, including

such information as the Secretary may require to determine the extent to which the

projects supported under this section result in

achieving the goals specified in paragraphs (1),

(2), and (3) of subsection (c) of this section.

The Governor shall submit the reports to the

Secretary at such intervals as shall be determined by the Secretary.

(2) Records and reports of recipients

Each direct or indirect recipient of funds

under this section shall keep records that are

sufficient to permit the preparation of reports.

Each recipient shall submit such reports to

the Secretary, at such intervals as shall be determined by the Secretary.

(Pub. L. 97–300, title I, §123, Oct. 13, 1982, 96 Stat.

1341; Pub. L. 99–496, §§3, 15(e), Oct. 16, 1986, 100

Stat. 1261, 1266; Pub. L. 101–392, §5(a)(1), Sept. 25,

1990, 104 Stat. 758; Pub. L. 102–235, §7, Dec. 12,

1991, 105 Stat. 1808; Pub. L. 102–367, title I, §122,

Sept. 7, 1992, 106 Stat. 1038; Pub. L. 104–193, title

I, §110(n)(4), Aug. 22, 1996, 110 Stat. 2174.)

REFERENCES IN TEXT

The Elementary and Secondary Education Act, referred to in subsec. (c)(1)(E)(ii), probably means the

Elementary and Secondary Education Act of 1965, Pub.

L. 89–10, Apr. 11, 1965, 79 Stat. 27, as amended generally

by Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat.

3519, which is classified generally to chapter 70 (§6301 et

seq.) of Title 20, Education. For complete classification

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

under section 6301 of Title 20 and Tables.

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

(c)(1)(E)(iii), (2)(D)(iii), 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. For complete classification of this Act to the Code, see Short Title note

set out under section 2301 of Title 20 and Tables.

The Individuals with Disabilities Education Act, referred to in subsec. (c)(1)(E)(iv), is title VI of Pub. L.

91–230, Apr. 13, 1970, 84 Stat. 175, as amended, which is

classified generally to chapter 33 (§1400 et seq.) of Title

20. For complete classification of this Act to the Code,

see section 1400 of Title 20 and Tables.

The Adult Education Act, referred to in subsec.

(c)(1)(E)(v), (2)(D)(ii), 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. For

complete classification of this Act to the Code, see

Short Title note set out under section 1201 of Title 20

and Tables.

The Stewart B. McKinney Homeless Assistance Act,

referred to in subsec. (c)(1)(E)(vii), (2)(D)(iv), is Pub. L.

100–77, July 22, 1987, 101 Stat. 482, as amended, which is

classified principally to chapter 119 (§11301 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 11301 of Title 42 and Tables.

The National and Community Service Act of 1990, referred to in subsec. (c)(1)(E)(viii), (2)(D)(ix), is Pub. L.

101–610, Nov. 16, 1990, 104 Stat. 3127, which is classified

principally to chapter 129 (§12501 et seq.) of Title 42.

For complete classification of this Act to the Code, see

Short Title note set out under section 12501 of Title 42

and Tables.

The Rehabilitation Act of 1973, referred to in subsec.

(c)(2)(D)(vi), 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.

The National Literacy Act of 1991, referred to in subsec. (c)(2)(D)(vii), is Pub. L. 102–73, July 25, 1991, 105

Stat. 333, as amended. For complete classification of

this Act to the Code, see Short Title of 1991 Amendment note set out under section 1201 of Title 20, Education, and Tables.

The Emergency Immigrant Education Act of 1984, referred to in subsec. (c)(2)(D)(viii), is part D of title IV

of Pub. L. 89–10, as added by Pub. L. 100–297, title I,

§1001, Apr. 28, 1988, 102 Stat. 242, which was classified

generally to part D (§3121 et seq.) of subchapter IV of

chapter 47 of Title 20, prior to the general amendment

of Pub. L. 89–10 by Pub. L. 103–382, title I, §101, Oct. 20,

1994, 108 Stat. 3519. For provisions relating to emergency immigrant education, see section 7541 et seq. of

Title 20.

AMENDMENTS

1996—Subsec. (c)(1)(E)(vi). Pub. L. 104–193,

§110(n)(4)(A), struck out cl. (vi) which read as follows:

‘‘the JOBS program;’’.

Subsec. (c)(2)(D)(v). Pub. L. 104–193, §110(n)(4)(B),

struck out cl. (v) which read as follows: ‘‘the JOBS program;’’.

1992—Pub. L. 102–367 amended section generally. Prior

to amendment, section related to State education coordination and grants, and provided for allotments for

financial assistance to State education agencies for

services through cooperative agreements in subsec. (a),

provided for matching contributions for cooperative

agreements in subsec. (b), required certain proportions

for use of funds in subsec. (c), provided alternatives for

State governors where no cooperative agreements on

use of funds was reached in subsec. (d), and authorized

joint funding in subsec. (e).

1991—Subsec. (a)(4). Pub. L. 102–235, §7(a), added par.

(4).
Page 613 TITLE 29—LABOR § 1535

Subsec. (c)(2)(B), (3). Pub. L. 102–235, §7(b), substituted ‘‘(1), (3), and (4)’’ for ‘‘(1) and (3)’’.

1990—Subsec. (e). Pub. L. 101–392 added subsec. (e).

1986—Subsec. (a)(3). Pub. L. 99–496, §3(1), added par.

(3).

Subsec. (c)(1). Pub. L. 99–496, §15(e), inserted reference

to veterans.

Subsec. (c)(2)(B). Pub. L. 99–496, §3(2)(A), amended

first sentence generally, substituting references to

clauses (1) and (3) for references to clause (1).

Subsec. (c)(3). Pub. L. 99–496, §3(2)(B), substituted

‘‘clauses (1) and (3)’’ for ‘‘clause (1)’’.

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 1990 AMENDMENT

Amendment by Pub. L. 101–392 effective July 1, 1991,

see section 702(a) of Pub. L. 101–392, set out as a 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 49f, 1532, 1602,

1642, 1792b of this title; title 20 section 2468.

§ 1534. Identification of additional imposed requirements

If a State or service delivery area imposes a

requirement, including a rule, regulation, policy, or performance standard, relating to the administration and operation of programs funded

by this chapter (including requirements based

on State or service delivery area interpretation

of any Federal law, regulation, or guideline) the

State or area shall identify the requirement as

a State- or service delivery area-imposed requirement.

(Pub. L. 97–300, title I, §124, Oct. 13, 1982, 96 Stat.

1341; Pub. L. 99–496, §15(f), Oct. 16, 1986, 100 Stat.

1266; Pub. L. 102–367, title I, §123, Sept. 7, 1992,

106 Stat. 1041.)

AMENDMENTS

1992—Pub. L. 102–367 amended section generally. Prior

to amendment, section consisted of subsecs. (a) to (d)

relating to training programs for older individuals.

1986—Subsec. (b). Pub. L. 99–496 inserted ‘‘, including

veterans organizations’’ after ‘‘organizations’’.

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 section 1602 of this title;

title 42 section 3056.

§ 1535. State labor market information programs

(a) Oversight unit requirement; design of information and distribution system; support for

local programs

In order to be eligible for Federal financial assistance for State labor market information programs under this chapter from funds made available under section 1751(b) of this title, the Governor shall designate the State occupational information coordinating committee or other organizational unit to be responsible for oversight

and management of a statewide comprehensive

labor market and occupational supply and demand information system, which shall—

(1) design a comprehensive cost-efficient

labor market and occupational supply and demand information system which—

(A) is responsive to the economic demand

and education and training supply support

needs of the State and areas within the

State, and

(B) meets the Federal standards under

chapter 35 of title 44 and other appropriate

Federal standards established by the Bureau

of Labor Statistics;

(2) standardize available Federal and State

multi-agency administrative records and direct survey data sources to produce an employment and economic analysis with a published set of projections for the State and designated areas within the State which, at the

minimum, includes—

(A) identification of geographic and occupational areas of potential growth or decline; and

(B) an assessment of the potential impact

of such growth or decline on individuals, industries, and communities, including occupational supply and demand characteristics

data;

(3) assure, to the extent feasible, that—

(A) automated technology will be used by

the State;

(B) administrative records have been designed to reduce paperwork; and

(C) multiple survey burdens on the employers of the State have been reduced;

(4) publish and disseminate labor market

and occupational supply and demand information and individualized career information to

State agencies, area public agencies, libraries,

and private not-for-profit users, and individuals who are in the process of making career

decision choices;

(5) conduct research and demonstration

projects designed to improve any aspect of the

statewide information system; and

(6) provide training and technical assistance

to support comprehensive career guidance and

participant activities for local programs assisted under this chapter.