
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 29USC2822]

 
                             TITLE 29--LABOR
 
                CHAPTER 30--WORKFORCE INVESTMENT SYSTEMS
 
     SUBCHAPTER II--STATEWIDE AND LOCAL WORKFORCE INVESTMENT SYSTEMS
 
                        Part A--State Provisions
 
Sec. 2822. State plan


(a) In general

    For a State to be eligible to receive an allotment under section 
2852 or 2862 of this title, or to receive financial assistance under the 
Wagner-Peyser Act (29 U.S.C. 49 et seq.), the Governor of the State 
shall submit to the Secretary for consideration by the Secretary, a 
single State plan (referred to in this chapter as the ``State plan'') 
that outlines a 5-year strategy for the statewide workforce investment 
system of the State and that meets the requirements of section 2821 of 
this title and this section.

(b) Contents

    The State plan shall include--
        (1) a description of the State board, including a description of 
    the manner in which such board collaborated in the development of 
    the State plan and a description of how the board will continue to 
    collaborate in carrying out the functions described in section 
    2821(d) of this title;
        (2) a description of State-imposed requirements for the 
    statewide workforce investment system;
        (3) a description of the State performance accountability system 
    developed for the workforce investment activities to be carried out 
    through the statewide workforce investment system, that includes 
    information identifying State performance measures as described in 
    section 2871(b)(3)(A)(ii) of this title;
        (4) information describing--
            (A) the needs of the State with regard to current and 
        projected employment opportunities, by occupation;
            (B) the job skills necessary to obtain such employment 
        opportunities;
            (C) the skills and economic development needs of the State; 
        and
            (D) the type and availability of workforce investment 
        activities in the State;

        (5) an identification of local areas designated in the State, 
    including a description of the process used for the designation of 
    such areas;
        (6) an identification of criteria to be used by chief elected 
    officials for the appointment of members of local boards based on 
    the requirements of section 2832 of this title;
        (7) the detailed plans required under section 8 of the Wagner-
    Peyser Act (29 U.S.C. 49g);
        (8)(A) a description of the procedures that will be taken by the 
    State to assure coordination of and avoid duplication among--
            (i) workforce investment activities authorized under this 
        chapter;
            (ii) other activities authorized under this chapter;
            (iii) programs authorized under the Wagner-Peyser Act (29 
        U.S.C. 49 et seq.), title II of this Act [20 U.S.C. 9201 et 
        seq.], title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 
        et seq.), part A of title IV of the Social Security Act (42 
        U.S.C. 601 et seq.), and section 6(d)(4) of the Food Stamp Act 
        of 1977 (7 U.S.C. 2015(d)(4)), activities authorized under title 
        V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.), 
        and postsecondary vocational education activities authorized 
        under the Carl D. Perkins Vocational and Applied Technology 
        Education Act (20 U.S.C. 2301 et seq.);
            (iv) work programs authorized under section 6(o) of the Food 
        Stamp Act of 1977 (7 U.S.C. 2015(o));
            (v) activities authorized under chapter 2 of title II of the 
        Trade Act of 1974 (19 U.S.C. 2271 et seq.);
            (vi) activities authorized under chapter 41 of title 38;
            (vii) employment and training activities carried out under 
        the Community Services Block Grant Act (42 U.S.C. 9901 et seq.);
            (viii) activities authorized under the National and 
        Community Service Act of 1990 (42 U.S.C. 12501 et seq.);
            (ix) employment and training activities carried out by the 
        Department of Housing and Urban Development; and
            (x) programs authorized under State unemployment 
        compensation laws (in accordance with applicable Federal law); 
        and

        (B) a description of the common data collection and reporting 
    processes used for the programs and activities described in 
    subparagraph (A);
        (9) a description of the process used by the State, consistent 
    with section 2821(g) of this title, to provide an opportunity for 
    public comment, including comment by representatives of businesses 
    and representatives of labor organizations, and input into 
    development of the plan, prior to submission of the plan;
        (10) information identifying how the State will use funds the 
    State receives under this subchapter to leverage other Federal, 
    State, local, and private resources, in order to maximize the 
    effectiveness of such resources, and to expand the participation of 
    business, employees, and individuals in the statewide workforce 
    investment system;
        (11) assurances that the State will provide, in accordance with 
    section 2934 of this title for fiscal control and fund accounting 
    procedures that may be necessary to ensure the proper disbursement 
    of, and accounting for, funds paid to the State through the 
    allotments made under sections 2852 and 2862 of this title;
        (12)(A) a description of the methods and factors the State will 
    use in distributing funds to local areas for youth activities and 
    adult employment and training activities under sections 
    2853(b)(3)(B) and 2863(b)(3)(B) of this title, including--
            (i) a description of how the individuals and entities 
        represented on the State board were involved in determining such 
        methods and factors of distribution; and
            (ii) a description of how the State consulted with chief 
        elected officials in local areas throughout the State in 
        determining such distribution;

        (B) assurances that the funds will be distributed equitably 
    throughout the State, and that no local areas will suffer 
    significant shifts in funding from year to year; and
        (C) a description of the formula prescribed by the Governor 
    pursuant to section 2863(b)(2)(B) of this title for the allocation 
    of funds to local areas for dislocated worker employment and 
    training activities;
        (13) information specifying the actions that constitute a 
    conflict of interest prohibited in the State for purposes of 
    sections 2821(f) and 2832(g) of this title;
        (14) with respect to the one-stop delivery systems described in 
    section 2864(c) of this title (referred to individually in this 
    chapter as a ``one-stop delivery system''), a description of the 
    strategy of the State for assisting local areas in development and 
    implementation of fully operational one-stop delivery systems in the 
    State;
        (15) a description of the appeals process referred to in section 
    2831(a)(5) of this title;
        (16) a description of the competitive process to be used by the 
    State to award grants and contracts in the State for activities 
    carried out under this chapter;
        (17) with respect to the employment and training activities 
    authorized in section 2864 of this title--
            (A) a description of--
                (i) the employment and training activities that will be 
            carried out with the funds received by the State through the 
            allotment made under section 2862 of this title;
                (ii) how the State will provide rapid response 
            activities to dislocated workers from funds reserved under 
            section 2863(a)(2) of this title for such purposes, 
            including the designation of an identifiable State rapid 
            response dislocated worker unit to carry out statewide rapid 
            response activities;
                (iii) the procedures the local boards in the State will 
            use to identify eligible providers of training services 
            described in section 2864(d)(4) of this title (other than 
            on-the-job training or customized training), as required 
            under section 2842 of this title; and
                (iv) how the State will serve the employment and 
            training needs of dislocated workers (including displaced 
            homemakers), low-income individuals (including recipients of 
            public assistance), individuals training for nontraditional 
            employment, and other individuals with multiple barriers to 
            employment (including older individuals and individuals with 
            disabilities); and

            (B) an assurance that veterans will be afforded the 
        employment and training activities by the State, to the extent 
        practicable; and

        (18) with respect to youth activities authorized in section 2854 
    of this title, information--
            (A) describing the State strategy for providing 
        comprehensive services to eligible youth, particularly those 
        eligible youth who are recognized as having significant barriers 
        to employment;
            (B) identifying the criteria to be used by local boards in 
        awarding grants for youth activities, including criteria that 
        the Governor and local boards will use to identify effective and 
        ineffective youth activities and providers of such activities;
            (C) describing how the State will coordinate the youth 
        activities carried out in the State under section 2854 of this 
        title with the services provided by Job Corps centers in the 
        State (where such centers exist); and
            (D) describing how the State will coordinate youth 
        activities described in subparagraph (C) with activities carried 
        out through the youth opportunity grants under section 2914 of 
        this title.

(c) Plan submission and approval

    A State plan submitted to the Secretary under this section by a 
Governor shall be considered to be approved by the Secretary at the end 
of the 90-day period beginning on the day the Secretary receives the 
plan, unless the Secretary makes a written determination, during the 90-
day period, that--
        (1) the plan is inconsistent with the provisions of this 
    chapter; or
        (2) in the case of the portion of the plan described in section 
    8(a) of the Wagner-Peyser Act (29 U.S.C. 49g(a)), the portion does 
    not satisfy the criteria for approval provided in section 8(d) of 
    such Act.

(d) Modifications to plan

    A State may submit modifications to a State plan in accordance with 
the requirements of this section and section 2821 of this title as 
necessary during the 5-year period covered by the plan.

(Pub. L. 105-220, title I, Sec. 112, Aug. 7, 1998, 112 Stat. 948; Pub. 
L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 401(2)], Oct. 21, 
1998, 112 Stat. 2681-337, 2681-411.)

                       References in Text

    The Wagner-Peyser Act, referred to in subsecs. (a) and 
(b)(8)(A)(iii), is act June 6, 1933, ch. 49, 48 Stat. 113, as amended, 
which is classified generally to chapter 4B (Sec. 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.
    Title II of this Act, referred to in subsec. (b)(8)(A)(iii), is 
title II of Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 1059, as amended, 
known as the Adult Education and Family Literacy Act, which is 
classified principally to subchapter I (Sec. 9201 et seq.) of chapter 73 
of Title 20, Education. For complete classification of this Act to the 
Code, see Short Title note set out under section 9201 of Title 20 and 
Tables.
    The Rehabilitation Act of 1973, referred to in subsec. 
(b)(8)(A)(iii), is Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as 
amended. Title I of the Act is classified generally to subchapter I 
(Sec. 720 et seq.) of chapter 16 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 Social Security Act, referred to in subsec. (b)(8)(A)(iii), is 
act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV 
of the Act is classified generally to part A (Sec. 601 et seq.) of 
subchapter IV 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 Older Americans Act of 1965, referred to in subsec. 
(b)(8)(A)(iii), is Pub. L. 89-73, July 14, 1965, 79 Stat. 218, as 
amended. Title V of the Act, known as the Older American Community 
Service Employment Act, is classified generally to subchapter IX 
(Sec. 3056 et seq.) of chapter 35 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 3001 of Title 42 and Tables.
    The Carl D. Perkins Vocational and Applied Technology Education Act, 
referred to in subsec. (b)(8)(A)(iii), is Pub. L. 88-210, Dec. 18, 1963, 
77 Stat. 403, as amended, which was classified generally to chapter 44 
(Sec. 2301 et seq.) of Title 20, Education, prior to being amended 
generally and renamed the Carl D. Perkins Vocational and Technical 
Education Act of 1998 by Pub. L. 105-332, Sec. 1(b), Oct. 31, 1998, 112 
Stat. 3076. For complete classification of Pub. L. 88-210 to the Code, 
see Short Title note set out under section 2301 of Title 20 and Tables.
    The Trade Act of 1974, referred to in subsec. (b)(8)(A)(v), is Pub. 
L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as amended. Chapter 2 of title 
II of the Act is classified generally to part 2 (Sec. 2271 et seq.) of 
subchapter II of chapter 12 of Title 19, Customs Duties. For complete 
classification of this Act to the Code, see section 2101 of Title 19 and 
Tables.
    The Community Services Block Grant Act, referred to in subsec. 
(b)(8)(A)(vii), is subtitle B (Secs. 671-683) of title VI of Pub. L. 97-
35, Aug. 13, 1981, 95 Stat. 511, as amended, which is classified 
generally to chapter 106 (Sec. 9901 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 9901 of Title 42 and Tables.
    The National and Community Service Act of 1990, referred to in 
subsec. (b)(8)(A)(viii), is Pub. L. 101-610, Nov. 16, 1990, 104 Stat. 
3127, as amended, which is classified principally to chapter 129 
(Sec. 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

    1998--Subsec. (c)(1). Pub. L. 105-277 substituted ``; or'' for ``; 
and''.

                  Section Referred to in Other Sections

    This section is referred to in sections 49g, 721, 2821, 2831, 2851, 
2861, 2871, 2944 of this title; title 19 section 2311; title 20 section 
2342; title 38 section 4110B; title 42 section 3056.
