
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: 29USC2942]

 
                             TITLE 29--LABOR
 
                CHAPTER 30--WORKFORCE INVESTMENT SYSTEMS
 
                      SUBCHAPTER V--ADMINISTRATION
 
Sec. 2942. Workforce flexibility plans


(a) Plans

    A State may submit to the Secretary, and the Secretary may approve, 
a workforce flexibility plan under which the State is authorized to 
waive, in accordance with the plan--
        (1) any of the statutory or regulatory requirements applicable 
    under this chapter to local areas, pursuant to applications for such 
    waivers from the local areas, except for requirements relating to 
    the basic purposes of this chapter, wage and labor standards, 
    grievance procedures and judicial review, nondiscrimination, 
    eligibility of participants, allocation of funds to local areas, 
    establishment and functions of local areas and local boards, review 
    and approval of local plans, and worker rights, participation, and 
    protection;
        (2) any of the statutory or regulatory requirements applicable 
    under sections 49g through 49i of this title to the State, except 
    for requirements relating to the provision of services to 
    unemployment insurance claimants and veterans, and to universal 
    access to basic labor exchange services without cost to jobseekers; 
    and
        (3) any of the statutory or regulatory requirements applicable 
    under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) to 
    State agencies on aging with respect to activities carried out using 
    funds allotted under section 506(a)(3) of such Act (42 U.S.C. 
    3056d(a)(3)), except for requirements relating to the basic purposes 
    of such Act, wage and labor standards, eligibility of participants 
    in the activities, and standards for agreements.

(b) Content of plans

    A workforce flexibility plan implemented by a State under subsection 
(a) of this section shall include descriptions of--
        (1)(A) the process by which local areas in the State may submit 
    and obtain approval by the State of applications for waivers of 
    requirements applicable under this chapter; and
        (B) the requirements described in subparagraph (A) that are 
    likely to be waived by the State under the plan;
        (2) the requirements applicable under sections 49g through 49i 
    of this title that are proposed to be waived, if any;
        (3) the requirements applicable under the Older Americans Act of 
    1965 [42 U.S.C. 3001 et seq.] that are proposed to be waived, if 
    any;
        (4) the outcomes to be achieved by the waivers described in 
    paragraphs (1) through (3); and
        (5) other measures to be taken to ensure appropriate 
    accountability for Federal funds in connection with the waivers.

(c) Periods

    The Secretary may approve a workforce flexibility plan for a period 
of not more than 5 years.

(d) Opportunity for public comments

    Prior to submitting a workforce flexibility plan to the Secretary 
for approval, the State shall provide to all interested parties and to 
the general public adequate notice and a reasonable opportunity for 
comment on the waiver requests proposed to be implemented pursuant to 
such plan.

(Pub. L. 105-220, title I, Sec. 192, Aug. 7, 1998, 112 Stat. 1054; Pub. 
L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 401(14)], Oct. 21, 
1998, 112 Stat. 2681-337, 2681-411.)

                       References in Text

    The Older Americans Act of 1965, referred to in subsecs. (a)(3) and 
(b)(3), is Pub. L. 89-73, July 14, 1965, 79 Stat. 218, as amended, which 
is classified generally to chapter 35 (Sec. 3001 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 3001 of Title 42 
and Tables.


                               Amendments

    1998--Subsec. (a)(2). Pub. L. 105-277 struck out comma before ``to 
the State, except''.
    Subsec. (a)(3). Pub. L. 105-277 substituted ``) to'' for ``), to''.


         Workforce Flexibility Partnership Demonstration Program

    Pub. L. 105-78, title I, Nov. 13, 1997, 111 Stat. 1469, provided in 
part: ``That the Secretary of Labor shall establish a workforce 
flexibility (work-flex) partnership demonstration program under which 
the Secretary shall authorize not more than six States, of which at 
least three States shall each have populations not in excess of 
3,500,000, with a preference given to those States that have been 
designated Ed-Flex Partnership States under section 311(e) of Public Law 
103-227 [20 U.S.C. 5891(e)], to waive any statutory or regulatory 
requirement applicable to service delivery areas or substate areas 
within the State under titles I-III of the Job Training Partnership Act 
[former 29 U.S.C. 1511 et seq., 1601 et seq., 1651 et seq.] (except for 
requirements relating to wage and labor standards, grievance procedures 
and judicial review, nondiscrimination, allotment of funds, and 
eligibility), and any of the statutory or regulatory requirements of 
sections 8-10 of the Wagner-Peyser Act [29 U.S.C. 49g-49i] (except for 
requirements relating to the provision of services to unemployment 
insurance claimants and veterans, and to universal access to basic labor 
exchange services without cost to job seekers), for a duration not to 
exceed the waiver period authorized under section 311(e) of Public Law 
103-227, pursuant to a plan submitted by such States and approved by the 
Secretary for the provision of workforce employment and training 
activities in the States, which includes a description of the process by 
which service delivery areas and substate areas may apply for and have 
waivers approved by the State, the requirements of the Wagner-Peyser Act 
[29 U.S.C. 49 et seq.] to be waived, the outcomes to be achieved and 
other measures to be taken to ensure appropriate accountability for 
Federal funds.''
    [References to a provision of the Job Training Partnership Act, 
effective Aug. 7, 1998, are deemed to refer to that provision or the 
corresponding provision of the Workforce Investment Act of 1998, Pub. L. 
105-220, Aug. 7, 1998, 112 Stat. 936, and effective July 1, 2000, are 
deemed to refer to the corresponding provision of the Workforce 
Investment Act of 1998, see section 2940(b) of this title. For complete 
classification of the Workforce Investment Act of 1998 to the Code, see 
Short Title note set out under section 9201 of Title 20, Education, and 
Tables.]
    Similar provisions were contained in the following prior 
appropriations act:
    Pub. L. 104-208, div. A, title I, Sec. 101(e) [title I], Sept. 30, 
1996, 110 Stat. 3009-233, 3009-234.
