
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: 29USC2831]

 
                             TITLE 29--LABOR
 
                CHAPTER 30--WORKFORCE INVESTMENT SYSTEMS
 
     SUBCHAPTER II--STATEWIDE AND LOCAL WORKFORCE INVESTMENT SYSTEMS
 
                        Part B--Local Provisions
 
Sec. 2831. Local workforce investment areas


(a) Designation of areas

                           (1) In general

        (A) Process

            Except as provided in subsection (b) of this section, and 
        consistent with paragraphs (2), (3), and (4), in order for a 
        State to receive an allotment under section 2852 or 2862 of this 
        title, the Governor of the State shall designate local workforce 
        investment areas within the State--
                (i) through consultation with the State board; and
                (ii) after consultation with chief elected officials and 
            after consideration of comments received through the public 
            comment process as described in section 2822(b)(9) of this 
            title.

        (B) Considerations

            In making the designation of local areas, the Governor shall 
        take into consideration the following:
                (i) Geographic areas served by local educational 
            agencies and intermediate educational agencies.
                (ii) Geographic areas served by postsecondary 
            educational institutions and area vocational education 
            schools.
                (iii) The extent to which such local areas are 
            consistent with labor market areas.
                (iv) The distance that individuals will need to travel 
            to receive services provided in such local areas.
                (v) The resources of such local areas that are available 
            to effectively administer the activities carried out under 
            this subchapter.

                      (2) Automatic designation

        The Governor shall approve any request for designation as a 
    local area--
            (A) from any unit of general local government with a 
        population of 500,000 or more;
            (B) of the area served by a rural concentrated employment 
        program grant recipient of demonstrated effectiveness that 
        served as a service delivery area or substate area under the Job 
        Training Partnership Act, if the grant recipient has submitted 
        the request; and
            (C) of an area that served as a service delivery area under 
        section 101(a)(4)(A)(ii) of the Job Training Partnership Act (as 
        in effect on the day before August 7, 1998) in a State that has 
        a population of not more than 1,100,000 and a population density 
        greater than 900 persons per square mile.

              (3) Temporary and subsequent designation

        (A) Criteria

            Notwithstanding paragraph (2)(A), the Governor shall approve 
        any request, made not later than the date of submission of the 
        initial State plan under this subchapter, for temporary 
        designation as a local area from any unit of general local 
        government (including a combination of such units) with a 
        population of 200,000 or more that was a service delivery area 
        under the Job Training Partnership Act on the day before August 
        7, 1998, if the Governor determines that the area--
                (i) performed successfully, in each of the last 2 years 
            prior to the request for which data are available, in the 
            delivery of services to participants under part A of title 
            II and title III of the Job Training Partnership Act (as in 
            effect on such day); and
                (ii) has sustained the fiscal integrity of the funds 
            used by the area to carry out activities under such part and 
            title.

        (B) Duration and subsequent designation

            A temporary designation under this paragraph shall be for a 
        period of not more than 2 years, after which the designation 
        shall be extended until the end of the period covered by the 
        State plan if the Governor determines that, during the temporary 
        designation period, the area substantially met (as defined by 
        the State board) the local performance measures for the local 
        area and sustained the fiscal integrity of the funds used by the 
        area to carry out activities under this subchapter.

        (C) Technical assistance

            The Secretary shall provide the States with technical 
        assistance in making the determinations required by this 
        paragraph. The Secretary shall not issue regulations governing 
        determinations to be made under this paragraph.

        (D) Performed successfully

            In this paragraph, the term ``performed successfully'' means 
        that the area involved met or exceeded the performance standards 
        for activities administered in the area that--
                (i) are established by the Secretary for each year and 
            modified by the adjustment methodology of the State (used to 
            account for differences in economic conditions, participant 
            characteristics, and combination of services provided from 
            the combination assumed for purposes of the established 
            standards of the Secretary); and
                (ii)(I) if the area was designated as both a service 
            delivery area and a substate area under the Job Training 
            Partnership Act (as in effect on the day before August 7, 
            1998)--
                    (aa) relate to job retention and earnings, with 
                respect to activities carried out under part A of title 
                II of such Act (as in effect on such day); and
                    (bb) relate to entry into employment, with respect 
                to activities carried out under title III of such Act 
                (as in effect on such day);

                (II) if the area was designated only as a service 
            delivery area under such Act (as in effect on such day), 
            relate to the standards described in subclause (I)(aa); or
                (III) if the area was only designated as a substate area 
            under such Act (as in effect on such day), relate to the 
            standards described in subclause (I)(bb).

        (E) Sustained the fiscal integrity

            In this paragraph, the term ``sustained the fiscal 
        integrity'', used with respect to funds used by a service 
        delivery area or local area, means that the Secretary has not 
        made a final determination during any of the last 3 years for 
        which data are available, prior to the date of the designation 
        request involved, that either the grant recipient or the 
        administrative entity of the area misexpended the funds due to 
        willful disregard of the requirements of the Act involved, gross 
        negligence, or failure to observe accepted standards of 
        administration.

          (4) Designation on recommendation of State board

        The Governor may approve a request from any unit of general 
    local government (including a combination of such units) for 
    designation (including temporary designation) as a local area if the 
    State board determines, taking into account the factors described in 
    clauses (i) through (v) of paragraph (1)(B), and recommends to the 
    Governor, that such area should be so designated.

                             (5) Appeals

        A unit of general local government (including a combination of 
    such units) or grant recipient that requests but is not granted 
    designation of an area as a local area under paragraph (2) or (3) 
    may submit an appeal to the State board under an appeal process 
    established in the State plan. If the appeal does not result in such 
    a designation, the Secretary, after receiving a request for review 
    from the unit or grant recipient and on determining that the unit or 
    grant recipient was not accorded procedural rights under the appeal 
    process established in the State plan or that the area meets the 
    requirements of paragraph (2) or (3), as appropriate, may require 
    that the area be designated as a local area under such paragraph.

(b) Small States

    The Governor of any State that was a single State service delivery 
area under the Job Training Partnership Act as of July 1, 1998, may 
designate the State as a single State local area for the purposes of 
this chapter. In the case of such a designation, the Governor shall 
identify the State as a local area under section 2822(b)(5) of this 
title.

(c) Regional planning and cooperation

                            (1) Planning

        As part of the process for developing the State plan, a State 
    may require regional planning by local boards for a designated 
    region in the State. The State may require the local boards for a 
    designated region to participate in a regional planning process that 
    results in the establishment of regional performance measures for 
    workforce investment activities authorized under this subchapter. 
    The State may award regional incentive grants to the designated 
    regions that meet or exceed the regional performance measures.

                       (2) Information sharing

        The State may require the local boards for a designated region 
    to share, in feasible cases, employment statistics, information 
    about employment opportunities and trends, and other types of 
    information that would assist in improving the performance of all 
    local areas in the designated region on local performance measures.

                    (3) Coordination of services

        The State may require the local boards for a designated region 
    to coordinate the provision of workforce investment activities 
    authorized under this subchapter, including the provision of 
    transportation and other supportive services, so that services 
    provided through the activities may be provided across the 
    boundaries of local areas within the designated region.

                       (4) Interstate regions

        Two or more States that contain an interstate region that is a 
    labor market area, economic development region, or other appropriate 
    contiguous subarea of the States may designate the area as a 
    designated region for purposes of this subsection, and jointly 
    exercise the State functions described in paragraphs (1) through 
    (3).

                           (5) Definitions

        In this subsection:

        (A) Designated region

            The term ``designated region'' means a combination of local 
        areas that are partly or completely in a single labor market 
        area, economic development region, or other appropriate 
        contiguous subarea of a State, that is designated by the State, 
        except as provided in paragraph (4).

        (B) Local board for a designated region

            The term ``local board for a designated region'' means a 
        local board for a local area in a designated region.

(Pub. L. 105-220, title I, Sec. 116, Aug. 7, 1998, 112 Stat. 951; Pub. 
L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 401(3)], Oct. 21, 
1998, 112 Stat. 2681-337, 2681-411.)

                       References in Text

    The Job Training Partnership Act, referred to in subsecs. (a)(2)(B), 
(C), (3) and (b), is Pub. L. 97-300, Oct. 13, 1982, 96 Stat. 1322, as 
amended, which was classified generally to chapter 19 (Sec. 1501 et 
seq.) of this title, prior to repeal by Pub. L. 105-220, title I, 
Sec. 199(b)(2), Aug. 7, 1998, 112 Stat. 1059. Part A of title II and 
title III of the Act were classified generally to part A (Sec. 1601 et 
seq.) of subchapter II and subchapter III (Sec. 1651 et seq.), 
respectively, of chapter 19 of this title, prior to repeal by Pub. L. 
105-220. Section 101 of the Act was classified to section 1511 of this 
title, prior to repeal by Pub. L. 105-220. For complete classification 
of this Act to the Code, see Tables.
    This chapter, referred to in subsec. (b), was in the original ``this 
title'' meaning title I of Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 939, 
as amended, which enacted this chapter, repealed sections 1501 to 1505, 
1511 to 1583, 1592 to 1735, 1737 to 1791h, 1792 to 1792b, 2301 to 2314 
of this title, section 211 of Title 40, Appendix, Public Buildings, 
Property, and Works, sections 11421, 11441 to 11447, 11449, 11450, 11461 
to 11466, 11471, and 11472 of Title 42, The Public Health and Welfare, 
and sections 42101 to 42106 of Title 49, Transportation, enacted 
provisions set out as notes under sections 1501, 2301, and 2940 of this 
title and section 11421 of Title 42, and repealed provisions set out as 
notes under sections 801 and 2301 of this title and section 1255a of 
Title 8, Aliens and Nationality. For complete classification of title I 
to the Code, see Tables.


                               Amendments

    1998--Subsec. (a)(3)(D)(ii)(I)(aa). Pub. L. 105-277 substituted ``; 
and'' for ``; or''.

                  Section Referred to in Other Sections

    This section is referred to in sections 2801, 2821, 2822, 2832, 
2852, 2853, 2862, 2863, 2864, 2916a, 2939 of this title.
