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15-4-3711. Powers and duties of local workforce development boards.

Arkansas Code — all titles (historical 2020) · legal_authorities

15-4-3711. Powers and duties of local workforce development boards.

15-4-3711. Powers and duties of local workforce development boards. (a) The functions of a local workforce development board include: (1)(A) Developing and submitting a local workforce development plan to the Governor that meets the requirements in § 15-4-3713. (B) If the local workforce development area is part of a planning region that includes other local workforce development areas, the local workforce development board shall collaborate with the other local workforce development boards and chief elected officials from the other local workforce development areas in the preparation and submission of a regional plan; (2) Carrying out analyses of: (A) Economic conditions in the region; (B) Needed knowledge and skills for the region; (C) The workforce in the region; and (D) Workforce development activities, including without limitation education and training; (3) Regularly updating the information analyzed under subdivision (a)(2)(A) of this section; (4) Assisting the Governor in developing the statewide workforce and labor market information system, specifically in the collection, analysis, and use of workforce and labor market information for the region; (5) Conducting other research, data collection, and analysis related to the workforce needs of the regional economy as the local workforce development board, after receiving input from a wide array of stakeholders, determines to be necessary to carry out its functions; (6) Convening local workforce development system stakeholders to assist in the development of the local workforce development plan and in identifying nonfederal expertise and resources to leverage support for workforce development activities; (7) Leading efforts to engage with a diverse range of employers and with entities in t

Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-4-3711

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Stable record: arkansas_code:legal_authorities:15-4-3711
Source file: gov.ar.code.title.15.odt
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15-4-3711. Powers and duties of local workforce development boards. (a) The functions of a local workforce development board include: (1)(A) Developing and submitting a local workforce development plan to the Governor that meets the requirements in § 15-4-3713. (B) If the local workforce development area is part of a planning region that includes other local workforce development areas, the local workforce development board shall collaborate with the other local workforce development boards and chief elected officials from the other local workforce development areas in the preparation and submission of a regional plan; (2) Carrying out analyses of: (A) Economic conditions in the region; (B) Needed knowledge and skills for the region; (C) The workforce in the region; and (D) Workforce development activities, including without limitation education and training; (3) Regularly updating the information analyzed under subdivision (a)(2)(A) of this section; (4) Assisting the Governor in developing the statewide workforce and labor market information system, specifically in the collection, analysis, and use of workforce and labor market information for the region; (5) Conducting other research, data collection, and analysis related to the workforce needs of the regional economy as the local workforce development board, after receiving input from a wide array of stakeholders, determines to be necessary to carry out its functions; (6) Convening local workforce development system stakeholders to assist in the development of the local workforce development plan and in identifying nonfederal expertise and resources to leverage support for workforce development activities; (7) Leading efforts to engage with a diverse range of employers and with entities in the region involved to: (A) Promote business representation on the local workforce development board, particularly with representatives with optimal policymaking or hiring authority from employers whose employment opportunities reflect existing and emerging employment opportunities in the region; (B) Develop effective linkages, including without limitation the use of intermediaries, with employers in the region to support employer utilization of the local workforce development system and to support local workforce investment activities; (C) Ensure that workforce investment activities meet the needs of employers and support economic growth in the region by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers; and (D) Develop and implement proven or promising strategies for meeting the employment and skill needs of workers and employers, such as the establishment of industry and sector partnerships that provide the skilled workforce needed by employers in the region and that expand employment and career advancement opportunities for workforce development system participants in in-demand industry sectors or occupations; (8) With representatives of secondary and postsecondary education programs, leading efforts in the local workforce development area to develop and implement career pathways within the local workforce development area by aligning the employment, training, education, and supportive services that are needed by adults and youth, particularly individuals with barriers to employment; (9) Leading efforts in the local workforce development area to: (A) Identify and promote proven and promising strategies and initiatives for meeting the needs of employers, workers, and jobseekers, including without limitation individuals with barriers to employment, in the local workforce development system, including without limitation providing physical and programmatic accessibility for persons with disabilities; and (B) Identify and disseminate information on proven and promising practices carried out in other local workforce development areas for meeting such needs; (10) Developing strategies for using technology to maximize the accessibility and effectiveness of the local workforce development system for employers, workers, and jobseekers, by: (A) Facilitating connections among the intake and case management information systems of the one-stop partner programs to support a comprehensive workforce development system in the local workforce development area; (B) Facilitating access to services provided through the one-stop delivery system involved, including facilitating the access in remote areas; (C) Identifying strategies for better meeting the needs of individuals with barriers to employment, including strategies that augment traditional service delivery and increase access to services and programs of the one-stop delivery system, such as improving digital literacy skills; and (D) Leveraging resources and capacity within the local workforce development system, including resources and capacity for services for individuals with barriers to employment; (11) In partnership with the chief elected official for the local workforce development area: (A) Conducting oversight for local youth workforce investment activities, local employment and training activities, and the one-stop delivery system in the local workforce development area; (B) Ensuring the appropriate use and management of funds; and (C) Ensuring the appropriate use, management, and investment of funds to maximize performance outcomes; (12) Negotiating and reaching agreement on local performance accountability measures; (13) Selecting operators and providers, including: (A) With the agreement of the chief elected official for the local workforce development area: (i) Designating or certifying one-stop operators; and (ii) Terminating for cause the eligibility of such operators; (B) Both: (i) Identifying eligible providers of youth workforce investment activities in the local workforce development area by awarding grants or contracts on a competitive basis, based on the recommendations of the youth standing committee; and (ii) Terminating for cause the eligibility of such providers; (C) Identifying eligible providers of training services in the local workforce development area; (D) If the one-stop operator does not provide career services, identifying eligible providers of those career services in the local workforce development area by awarding contracts; and (E) Working with the state to ensure that there are sufficient numbers and types of providers of career services and training services, including without limitation eligible providers with expertise in assisting individuals with disabilities and eligible providers with expertise in assisting adults in need of adult education and literacy activities, serving the local workforce development area, and providing the services involved in a manner that maximizes consumer choice, as well as providing opportunities that lead to competitive integrated employment for individuals with disabilities; (14) Coordinating activities with education and training providers in the local workforce development area, including without limitation providers of workforce investment activities, providers of adult education and literacy activities, providers of career and technical education as defined in § 3 of the Carl D. Perkins Career and Technical Education Act of 2006, 20 U.S.C. § 2302, and local agencies administering plans under Subchapter 1 of the Rehabilitation Act of 1973, 29 U.S.C § 701 et seq., other than 29 U.S.C. § 112 [repealed], 29 U.S.C. § 732, or 29 U.S.C. § 741; (15) Annually assessing the physical and programmatic accessibility, in accordance with § 188 of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, 29 U.S.C. § 3248, if applicable, and applicable provisions of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., of all one-stop centers in the local workforce development area; and (16)(A) Developing a budget for the activities of the local workforce development board in the local workforce development area, consistent with the local workforce development plan and the duties of the local workforce development area, subject to the approval of the chief elected official. (B) The chief elected official in a local workforce development area shall serve as the local grant recipient for, and shall be liable for any misuse of, the grant funds allocated to the local workforce development area under §§ 128 and 133 of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, 29 U.S.C. §§ 3163 and 3173, unless the chief elected official reaches an agreement with the Governor for the Governor to act as the local grant recipient and bear liability. (b)(1)(A) In order to assist in the administration of the grant funds, the chief elected official or the Governor, when the Governor serves as the local grant recipient for a local workforce development area, may designate an entity to serve as a local grant recipient for such funds or as a local fiscal agent. (B) A designation under subdivision (b)(1)(A) of this section shall not relieve the chief elected official or the Governor of the liability for any misuse of grant funds. (2) The local grant recipient or an entity designated as the local grant recipient shall disburse the grant funds for workforce investment activities at the direction of the local workforce development board. (3)(A) The local workforce development board may solicit and accept grants and donations from sources other than federal funds made available under this subchapter. (B) For purposes of this subchapter, a local workforce development board may incorporate, and may operate as an entity described in 26 U.S.C. § 501(c)(3) that is exempt from taxation under 26 U.S.C. § 501(a). (c) The local workforce development board shall make available to the public, on a regular basis through electronic means and open meetings, information regarding the activities of the local workforce development board, including without limitation information regarding the local workforce development plan before submission of the local workforce development plan, and regarding membership, the designation and certification of one-stop operators, and the award of grants or contracts to eligible providers of youth workforce investment activities, and on request, minutes of formal meetings of the local workforce development board. (d)(1) The local workforce development board may hire a director and other staff to assist in carrying out the functions described in this section using funds available under 29 U.S.C §§ 3163(b) and 3173(b) as described in § 128(b)(4) of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, 29 U.S.C. § 3163(b)(4). (2) The local workforce development board shall establish and apply a set of objective qualifications for the position of director that ensures that the individual selected has the requisite knowledge, skills, and abilities, to meet identified benchmarks and to assist in effectively carrying out the functions of the local workforce development board. (3) The director and staff described in this subsection are subject to the limitations on the payment of salaries and bonuses prescribed for level II of the Executive Schedule under 5 U.S.C. § 5313. (e) A member of a local workforce development board or a member of a standing committee of a local workforce development board shall not: (1) Vote on a matter under consideration by the local workforce development board: (A) Regarding the provision of services by the member or by an entity that the member represents; or (B) That would provide direct financial benefit to the member or the immediate family of the member; or (2) Engage in another activity determined by the Governor to constitute a conflict of interest as specified in the state plan.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 2302 — Federal laws guaranteeing civil rights

Nothing in this chapter shall be construed to be inconsistent with applicable Federal law prohibiting discrimination on the basis of race, color, sex, national origin, age, or disability in the provision of Federal programs or services.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 2302 — Definitions

Page 1052 TITLE 20—EDUCATION § 2302 chapter II of this chapter, and enacting provisions set out as a note under this section] may be cited as the ‘Strengthening Career and Technical Education for the 21st Century Act’.’’ SHORT TITLE OF 2006 AMENDMENT Pub. L. 109–270, § 1(a), Aug. 12, 2006, 120 Stat. 683, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Carl D. Perkins Career and Tech- nical Education Improvement Act of 2006’.’’ SHORT TITLE OF 1998 AMENDMENT Pub. L. 105–332, § 1(a), Oct. 31, 1998, 112 Stat. 3076, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Carl D. Perkins Vocational and Applied Technology Education Amendments of 1998’.’’ SHORT TITLE OF 1990 AMENDMENT Pub. L. 101–392, § 1(a), Sept. 25, 1990, 104 Stat. 753, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1990’.’’ SHORT TITLE OF 1968 AMENDMENT Pub. L. 90–576, § 1, Oct. 16, 1968, 82 Stat. 1064, provided that: ‘‘This Act [enacting sections 6, 1119c to 1119c–4, 1226, 1241 to 1248, 1261 to 1264, 1281 to 1284, 1301 to 1305, 1321 to 1323, 1341, 1351 to 1355, 1371 to 1374, and 1391 of this title, amending sections 237, 237 note, 238, 239, 240, 241, 403, 421, 422, 423, 423 note, 425, 425 note, 426, 441, 442, 442 note, 443, 444, 462, 464, 481, 482, 482 note, 483, 484, 491, 511, 521, 541, 551, 561, 563, 588, 589, 611, 633, 644, 645, 1202, and 1221 of this title, repealing sections 15i, 15i note, 15j to 15q, 15aa to 15jj, 15aaa to 15ggg, 30, 31 to 33, and 34 of this title and section 1667 of Title 48, Territories and Insular Possessions, and enacting provisions set out as notes under sections 6, 11, 240, 886, 1202, 1

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 3163 — General authorization

The Secretary shall make an allotment under [section 3162(b)(1)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3162/b/1/C&num=0&edition=prelim) to each State that meets the requirements of section 3112 or 3113 of this title and a grant under [section 3162(b)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3162/b/1/B&num=0&edition=prelim) to each outlying area that complies with the requirements of this subchapter, to assist the State or outlying area, and to enable the State or outlying area to assist local areas, for the purpose of providing workforce investment activities for eligible youth in the State or outlying area and in the local areas.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 3163 — Within State allocations

Page 866 TITLE 29—LABOR § 3163 (Pub. L. 113–128, title I, § 127, July 22, 2014, 128 Stat. 1498.) Editorial Notes REFERENCES IN TEXT The Workforce Investment Act of 1998, referred to in subsec. (c)(1), is Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936, and was repealed by Pub. L. 113–128, title V, §§ 506, 511(a), July 22, 2014, 128 Stat. 1703, 1705, effective July 1, 2015. Pursuant to section 3361(a) of this title, references to a provision of the Workforce Investment Act of 1998 are deemed to refer to the corresponding provision of the Workforce Innovation and Opportunity Act, Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. For complete classi- fication of the Workforce Investment Act of 1998 to the Code, see Tables. For complete classification of the Workforce Innovation and Opportunity Act to the Code, see Short Title note set out under section 3101 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. § 3163. Within State allocations (a) Reservations for statewide activities (1) In general The Governor shall reserve not more than 15 percent of each of the amounts allotted to the State under section 3162(b)(1)(C) of this title and paragraphs (1)(B) and (2)(B) of section 3172(b) of this title for a fiscal year for state- wide workforce investment activities. (2) Use of funds Regardless of whether the reserved amounts were allotted under section 3162(b)(1)(C) of this title, or under paragraph (1)(B) or (2)(B) of sec- tion 3172(b) of this title, the Governor may use the reserved amounts to carry out statewide activities unde

Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 3163

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 3248 — Administrative adjudication

**(a) In general** Whenever any applicant for financial assistance under this subchapter is dissatisfied because the Secretary has made a determination not to award financial assistance in whole or in part to such applicant, the applicant may request a hearing before an administrative law judge of the Department of Labor. A similar hearing may also be requested by any recipient for whom a corrective action has been required or a sanction has been imposed by the Secretary under [section 3244 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3244&num=0&edition=prelim). **(b) Appeal** The decision of the administrative law judge shall constitute final action by the Secretary unless, within 20 days after receipt of the decision of the administrative law judge, a party dissatisfied with the decision or any part of the decision has filed exceptions with the Secretary specifically identifying the procedure, fact, law, or policy to which exception is taken. Any exception not specifically urged during the 20-day period shall be deemed to have been waived. After the 20-day period the decision of the administrative law judge shall become the final decision of the Secretary unless the Secretary, within 30 days after such filing, notifies the parties that the case involved has been accepted for review. **(c) Time limit** Any case accepted for review by the Secretary under subsection (b) shall be decided within 180 days after such acceptance. If the case is not decided within the 180-day period, the decision of the administrative law judge shall become the final decision of the Secretary at the end of the 180-day period. **(d) Additional requirement** The provisions of [section 3247 of this title](https://uscode.house.gov/view.xhtml?req=gra

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 3248 — Nondiscrimination

Page 941 TITLE 29—LABOR § 3248 the Secretary shall require only that the costs be categorized as administrative or pro- grammatic costs. (Pub. L. 113–128, title I, § 185, July 22, 2014, 128 Stat. 1594; Pub. L. 117–286, § 4(b)(48), Dec. 27, 2022, 136 Stat. 4348.) Editorial Notes AMENDMENTS 2022—Subsec. (b)(3)(D). Pub. L. 117–286 substituted ‘‘chapter 4 of title 5’’ for ‘‘the Inspector General Act of 1978 (5 U.S.C. App.)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. § 3246. Administrative adjudication (a) In general Whenever any applicant for financial assist- ance under this subchapter is dissatisfied be- cause the Secretary has made a determination not to award financial assistance in whole or in part to such applicant, the applicant may re- quest a hearing before an administrative law judge of the Department of Labor. A similar hearing may also be requested by any recipient for whom a corrective action has been required or a sanction has been imposed by the Secretary under section 3244 of this title. (b) Appeal The decision of the administrative law judge shall constitute final action by the Secretary unless, within 20 days after receipt of the deci- sion of the administrative law judge, a party dissatisfied with the decision or any part of the decision has filed exceptions with the Secretary specifically identifying the procedure, fact, law, or policy to which exception is taken. Any ex- ception not specifically urged during the 20-day period shall be deemed to have been waived. After the 20-day period the decision of the ad- mini

Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 3248

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 701 — Responsibilities of the Administrator

**(a) Approval of State plans** (1) **In general** — The Administrator shall approve any State plan submitted under [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim) that the Administrator determines meets the requirements of [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim), and shall disapprove any such plan that does not meet such requirements, as soon as practicable after receiving the plan. Prior to such disapproval, the Administrator shall notify the State of the intention to disapprove the plan, and shall afford such State reasonable notice and opportunity for a hearing. (2) **Procedures** (A) *In general* — Except as provided in subparagraph (B), the provisions of subsections (c) and (d) of [section 727 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section727&num=0&edition=prelim) shall apply to any State plan submitted to the Administrator under [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim). (B) *Application* — For purposes of the application described in subparagraph (A), all references in such provisions— (i) to the Secretary or the Commissioner shall be deemed to be references to the Administrator; (ii) to the State agency shall be deemed to be references to the designated State entity; and (iii) to [section 721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section721&num=0&edition=prelim) shall be deemed to be references to [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-ti

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 701 — Findings; purpose; policy

Page 191 TITLE 29—LABOR § 701 Sec. SUBCHAPTER II—RESEARCH AND TRAINING 760. Declaration of purpose. 761. Authorization of appropriations. 762. National Institute on Disability, Independent Living, and Rehabilitation Research. 762a. Research and demonstration projects. 763. Interagency Committee. 764. Research and other covered activities. 765. Disability, Independent Living, and Rehabili- tation Research Advisory Council. 766. Definition of covered school. SUBCHAPTER III—PROFESSIONAL DEVELOPMENT AND SPECIAL PROJECTS AND DEMONSTRATIONS 771. Declaration of purpose and competitive basis of grants and contracts. 772. Training. 773. Demonstration and training programs. 774, 775. Repealed. 776. Measuring of project outcomes and perform- ance. SUBCHAPTER IV—NATIONAL COUNCIL ON DISABILITY 780. Establishment of National Council on Dis- ability. 780a. Independent status of National Council on the Handicapped. 781. Duties of National Council. 782. Compensation of National Council members. 783. Staff of National Council. 784. Administrative powers of National Council. 785. Authorization of appropriations. SUBCHAPTER V—RIGHTS AND ADVOCACY 790. Repealed. 791. Employment of individuals with disabilities. 792. Architectural and Transportation Barriers Compliance Board. 793. Employment under Federal contracts. 794. Nondiscrimination under Federal grants and programs. 794a. Remedies and attorney fees. 794b. Removal of architectural, transportation, or communication barriers; technical and fi- nancial assistance; compensation of experts or consultants; authorization of appropria- tions. 794c. Interagency Disability Coordinating Council. 794d. Electronic and information technology. 794d–1. Reports on accessibility of

Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 701

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 732 — Transfer of funds

**(a)** Except as provided in subsection (b) of this section, no funds appropriated under this chapter for any program or activity may be used for any purpose other than that for which the funds were specifically authorized. **(b)** No more than 1 percent of funds appropriated for discretionary grants, contracts, or cooperative agreements authorized by this chapter may be used for the purpose of providing non-Federal panels of experts to review applications for such grants, contracts, or cooperative agreements.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 732 — Client assistance program

Page 249 TITLE 29—LABOR § 732 Statutory Notes and Related Subsidiaries DEFINITIONS OF TERMS IN PUB. L. 113–128 Except as otherwise provided, definitions in section 3 of Pub. L. 113–128, which is classified to section 3102 of this title, apply to this section. § 731. Payments to States (a) Amount (1) Except as provided in paragraph (2), from each State’s allotment under this part for any fiscal year, the Commissioner shall pay to a State an amount equal to the Federal share of the cost of vocational rehabilitation services under the plan for that State approved under section 721 of this title, including expenditures for the administration of the State plan. (2)(A) The total of payments under paragraph (1) to a State for a fiscal year may not exceed its allotment under subsection (a) of section 730 of this title for such year. (B) The amount otherwise payable to a State for a fiscal year under this section shall be re- duced by the amount by which expenditures from non-Federal sources under the State plan under this subchapter for any previous fiscal year are less than the total of such expenditures for the second fiscal year preceding that pre- vious fiscal year. (C) The Commissioner may waive or modify any requirement or limitation under subpara- graph (B) or section 721(a)(17) of this title if the Commissioner determines that a waiver or modification is an equitable response to excep- tional or uncontrollable circumstances affecting the State. (3)(A) Except as provided in subparagraph (B), the amount of a payment under this section with respect to any construction project in any State shall be equal to the same percentage of the cost of such project as the Federal share that is applicable in the case of rehabilitation facilities (as d

Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 732

Stored review status: historical_2024_not_currentness_verified. The source passage cites 29 U.S.C. § 732. This identifies an authority to review, not proof of applicability.