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29 U.S.C. § 3113 — State workforce development boards

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

29 U.S.C. § 3113 — State workforce development boards

**(a) In general** The Governor of a State shall establish a State workforce development board to carry out the functions described in subsection (d). **(b) Membership** (1) **In general** — The State board shall include— (A) the Governor; (B) a member of each chamber of the State legislature (to the extent consistent with State law), appointed by the appropriate presiding officers of such chamber; and (C) members appointed by the Governor, of which— (i) a majority shall be representatives of businesses in the State, who— (I) are owners of businesses, chief executives or operating officers of businesses, or other business executives or employers with optimum policymaking or hiring authority, and who, in addition, may be members of a local board described in [section 3122(b)(2)(A)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3122/b/2/A/i&num=0&edition=prelim); (II) represent businesses (including small businesses), or organizations representing businesses described in this subclause, that provide employment opportunities that, at a minimum, include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the State; and (III) are appointed from among individuals nominated by State business organizations and business trade associations; (ii) not less than 20 percent shall be representatives of the workforce within the State, who— (I) shall include representatives of labor organizations, who have been nominated by State labor federations; (II) shall include a representative, who shall be a member of a labor organization or a training director, from a joint labor-management apprenticeship program, or if no such joint program exi

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Stable record: federal_law:legal_authorities:record_usc_5ce11bb31986e82dc71264d8
Source file: Laws/federal/codes/united-states-code/title-29/section-3113-state-workforce-development-boards--377e17af20.md
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Source location: Title 29, Chapter 32, § 3113; chapter-032-workforce-innovation-and-opportunity.md

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**(a) In general** The Governor of a State shall establish a State workforce development board to carry out the functions described in subsection (d). **(b) Membership** (1) **In general** — The State board shall include— (A) the Governor; (B) a member of each chamber of the State legislature (to the extent consistent with State law), appointed by the appropriate presiding officers of such chamber; and (C) members appointed by the Governor, of which— (i) a majority shall be representatives of businesses in the State, who— (I) are owners of businesses, chief executives or operating officers of businesses, or other business executives or employers with optimum policymaking or hiring authority, and who, in addition, may be members of a local board described in [section 3122(b)(2)(A)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3122/b/2/A/i&num=0&edition=prelim); (II) represent businesses (including small businesses), or organizations representing businesses described in this subclause, that provide employment opportunities that, at a minimum, include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the State; and (III) are appointed from among individuals nominated by State business organizations and business trade associations; (ii) not less than 20 percent shall be representatives of the workforce within the State, who— (I) shall include representatives of labor organizations, who have been nominated by State labor federations; (II) shall include a representative, who shall be a member of a labor organization or a training director, from a joint labor-management apprenticeship program, or if no such joint program exists in the State, such a representative of an apprenticeship program in the State; (III) may include representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of individuals with barriers to employment, including organizations that serve veterans or that provide or support competitive, integrated employment for individuals with disabilities; and (IV) may include representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including representatives of organizations that serve out-of-school youth; and (iii) the balance— (I) shall include representatives of government, who— (aa) shall include the lead State officials with primary responsibility for the core programs; and (bb) shall include chief elected officials (collectively representing both cities and counties, where appropriate); and (II) may include such other representatives and officials as the Governor may designate, such as— (aa) the State agency officials from agencies that are one-stop partners not specified in subclause (I) (including additional one-stop partners whose programs are covered by the State plan, if any); (bb) State agency officials responsible for economic development or juvenile justice programs in the State; (cc) individuals who represent an Indian tribe or tribal organization, as such terms are defined in [section 3221(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3221/b&num=0&edition=prelim); and (dd) State agency officials responsible for education programs in the State, including chief executive officers of community colleges and other institutions of higher education. (2) **Diverse and distinct representation** — The members of the State board shall represent diverse geographic areas of the State, including urban, rural, and suburban areas. (3) **No representation of multiple categories** — No person shall serve as a member for more than 1 of— (A) the category described in paragraph (1)(C)(i); or (B) 1 category described in a subclause of clause (ii) or (iii) of paragraph (1)(C). **(c) Chairperson** The Governor shall select a chairperson for the State board from among the representatives described in subsection (b)(1)(C)(i). **(d) Functions** The State board shall assist the Governor in— (1) the development, implementation, and modification of the State plan; (2) consistent with paragraph (1), the review of statewide policies, of statewide programs, and of recommendations on actions that should be taken by the State to align workforce development programs in the State in a manner that supports a comprehensive and streamlined workforce development system in the State, including the review and provision of comments on the State plans, if any, for programs and activities of one-stop partners that are not core programs; (3) the development and continuous improvement of the workforce development system in the State, including— (A) the identification of barriers and means for removing barriers to better coordinate, align, and avoid duplication among the programs and activities carried out through the system; (B) the development of strategies to support the use of career pathways for the purpose of providing individuals, including low-skilled adults, youth, and individuals with barriers to employment (including individuals with disabilities), with workforce investment activities, education, and supportive services to enter or retain employment; (C) the development of strategies for providing effective outreach to and improved access for individuals and employers who could benefit from services provided through the workforce development system; (D) the development and expansion of strategies for meeting the needs of employers, workers, and jobseekers, particularly through industry or sector partnerships related to in-demand industry sectors and occupations; (E) the identification of regions, including planning regions, for the purposes of [section 3121(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3121/a&num=0&edition=prelim), and the designation of local areas under [section 3121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3121&num=0&edition=prelim), after consultation with local boards and chief elected officials; (F) the development and continuous improvement of the one-stop delivery system in local areas, including providing assistance to local boards, one-stop operators, one-stop partners, and providers with planning and delivering services, including training services and supportive services, to support effective delivery of services to workers, jobseekers, and employers; and (G) the development of strategies to support staff training and awareness across programs supported under the workforce development system; (4) the development and updating of comprehensive State performance accountability measures, including State adjusted levels of performance, to assess the effectiveness of the core programs in the State as required under [section 3141(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3141/b&num=0&edition=prelim); (5) the identification and dissemination of information on best practices, including best practices for— (A) the effective operation of one-stop centers, relating to the use of business outreach, partnerships, and service delivery strategies, including strategies for serving individuals with barriers to employment; (B) the development of effective local boards, which may include information on factors that contribute to enabling local boards to exceed negotiated local levels of performance, sustain fiscal integrity, and achieve other measures of effectiveness; and (C) effective training programs that respond to real-time labor market analysis, that effectively use direct assessment and prior learning assessment to measure an individual’s prior knowledge, skills, competencies, and experiences, and that evaluate such skills, and competencies for adaptability, to support efficient placement into employment or career pathways; (6) the development and review of statewide policies affecting the coordinated provision of services through the State’s one-stop delivery system described in [section 3151(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3151/e&num=0&edition=prelim), including the development of— (A) objective criteria and procedures for use by local boards in assessing the effectiveness and continuous improvement of one-stop centers described in such section; (B) guidance for the allocation of one-stop center infrastructure funds under [section 3151(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3151/h&num=0&edition=prelim); and (C) policies relating to the appropriate roles and contributions of entities carrying out one-stop partner programs within the one-stop delivery system, including approaches to facilitating equitable and efficient cost allocation in such system; (7) the development of strategies for technological improvements to facilitate access to, and improve the quality of, services and activities provided through the one-stop delivery system, including such improvements to— (A) enhance digital literacy skills (as defined in [section 9101 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section9101&num=0&edition=prelim); referred to in this Act as “digital literacy skills”); (B) accelerate the acquisition of skills and recognized postsecondary credentials by participants; (C) strengthen the professional development of providers and workforce professionals; and (D) ensure such technology is accessible to individuals with disabilities and individuals residing in remote areas; (8) the development of strategies for aligning technology and data systems across one-stop partner programs to enhance service delivery and improve efficiencies in reporting on performance accountability measures (including the design and implementation of common intake, data collection, case management information, and performance accountability measurement and reporting processes and the incorporation of local input into such design and implementation, to improve coordination of services across one-stop partner programs); (9) the development of allocation formulas for the distribution of funds for employment and training activities for adults, and youth workforce investment activities, to local areas as permitted under sections 3163(b)(3) and 3173(b)(3) of this title; (10) the preparation of the annual reports described in paragraphs (1) and (2) of [section 3141(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3141/d&num=0&edition=prelim); (11) the development of the statewide workforce and labor market information system described in section 49l–2(e) of this title; and (12) the development of such other policies as may promote statewide objectives for, and enhance the performance of, the workforce development system in the State. **(e) Alternative entity** (1) **In general** — For the purposes of complying with subsections (a), (b), and (c), a State may use any State entity (including a State council, State workforce development board (within the meaning of the Workforce Investment Act of 1998, as in effect on the day before July 22, 2014), combination of regional workforce development boards, or similar entity) that— (A) was in existence on the day before August 7, 1998; (B) is substantially similar to the State board described in subsections (a) through (c); and (C) includes representatives of business in the State and representatives of labor organizations in the State. (2) **References** — A reference in this Act, or a core program provision that is not in this Act, to a State board shall be considered to include such an entity. **(f) Conflict of interest** A member of a State board may not— (1) vote on a matter under consideration by the State board— (A) regarding the provision of services by such member (or by an entity that such member represents); or (B) that would provide direct financial benefit to such member or the immediate family of such member; or (2) engage in any other activity determined by the Governor to constitute a conflict of interest as specified in the State plan. **(g) Sunshine provision** The State board shall make available to the public, on a regular basis through electronic means and open meetings, information regarding the activities of the State board, including information regarding the State plan, or a modification to the State plan, prior to submission of the plan or modification of the plan, respectively, information regarding membership, and, on request, minutes of formal meetings of the State board. **(h) Authority to hire staff** (1) **In general** — The State board may hire a director and other staff to assist in carrying out the functions described in subsection (d) using funds available as described in [section 3164(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3164/b/3&num=0&edition=prelim) or 3174(a)(3)(B)(i) of this title. (2) **Qualifications** — The State 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 State board. (3) **Limitation on rate** — The director and staff described in paragraph (1) shall be subject to the limitations on the payment of salary and bonuses described in [section 3254(15) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3254/15&num=0&edition=prelim).

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

29 U.S.C. § 3121 — Unified State plan

**(a) Plan** For a State to be eligible to receive allotments for the core programs, the Governor shall submit to the Secretary of Labor for the approval process described under subsection (c)(2), a unified State plan. The unified State plan shall outline a 4-year strategy for the core programs of the State and meet the requirements of this section. **(b) Contents** (1) **Strategic planning elements** — The unified State plan shall include strategic planning elements consisting of a strategic vision and goals for preparing an educated and skilled workforce, that include— (A) an analysis of the economic conditions in the State, including— (i) existing and emerging in-demand industry sectors and occupations; and (ii) the employment needs of employers, including a description of the knowledge, skills, and abilities, needed in those industries and occupations; (B) an analysis of the current workforce, employment and unemployment data, labor market trends, and the educational and skill levels of the workforce, including individuals with barriers to employment (including individuals with disabilities), in the State; (C) an analysis of the workforce development activities (including education and training) in the State, including an analysis of the strengths and weaknesses of such activities, and the capacity of State entities to provide such activities, in order to address the identified education and skill needs of the workforce and the employment needs of employers in the State; (D) a description of the State’s strategic vision and goals for preparing an educated and skilled workforce (including preparing youth and individuals with barriers to employment) and for meeting the skilled workforce needs of employers, including goals relating to performanc

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 3121

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

29 U.S.C. § 3111 — Purposes

The purposes of this Act are the following: (1) To increase, for individuals in the United States, particularly those individuals with barriers to employment, access to and opportunities for the employment, education, training, and support services they need to succeed in the labor market. (2) To support the alignment of workforce investment, education, and economic development systems in support of a comprehensive, accessible, and high-quality workforce development system in the United States. (3) To improve the quality and labor market relevance of workforce investment, education, and economic development efforts to provide America’s workers with the skills and credentials necessary to secure and advance in employment with family-sustaining wages and to provide America’s employers with the skilled workers the employers need to succeed in a global economy. (4) To promote improvement in the structure of and delivery of services through the United States workforce development system to better address the employment and skill needs of workers, jobseekers, and employers. (5) To increase the prosperity of workers and employers in the United States, the economic growth of communities, regions, and States, and the global competitiveness of the United States. (6) For purposes of parts A and B of subchapter I, to provide workforce investment activities, through statewide and local workforce development systems, that increase the employment, retention, and earnings of participants, and increase attainment of recognized postsecondary credentials by participants, and as a result, improve the quality of the workforce, reduce welfare dependency, increase economic self-sufficiency, meet the skill requirements of employers, and enhance the productivity and competitiveness of the

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 3111

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

20 U.S.C. § 9101 — General definitions

As used in this chapter: (1) **Determined to be obscene** — The term “determined to be obscene” means determined, in a final judgment of a court of record and of competent jurisdiction in the United States, to be obscene. (2) **Digital literacy skills** — The term “digital literacy skills” means the skills associated with— (A) using technology to enable users to find, evaluate, organize, create, and communicate information; and (B) developing digital citizenship and the responsible use of technology. (3) **Director** — The term “Director” means the Director of the Institute appointed under [section 9103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section9103&num=0&edition=prelim). (4) **Final judgment** — The term “final judgment” means a judgment that is— (A) not reviewed by any other court that has authority to review such judgment; or (B) not reviewable by any other court. (5) **Indian tribe** — The term “Indian tribe” means any tribe, band, nation, or other organized group or community, including any Alaska native village, regional corporation, or village corporation (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act ([43 U.S.C. 1601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1601&num=0&edition=prelim) et seq.)), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (6) **Institute** — The term “Institute” means the Institute of Museum and Library Services established under [section 9102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section9102&num=0&edition=prelim). (7) **Museum and Library Services Board** — The

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 9101

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

29 U.S.C. § 3101 — Reduction of reporting burdens and requirements

In order to simplify reporting requirements and reduce reporting burdens, the Secretary of Labor, the Secretary of Education, and the Secretary of Health and Human Services shall establish procedures and criteria under which a State board and local board may reduce reporting burdens and requirements under this Act (including the amendments made by this Act).

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 3101

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

20 U.S.C. § 2392 — State plan

**(a) State plan** (1) **In general** — Each eligible agency desiring assistance under this subchapter for any fiscal year shall prepare and submit to the Secretary a State plan for a 4-year period, consistent with subsection (b) and paragraph (5), together with such annual revisions as the eligible agency determines to be necessary, except that, during the period described in [section 2303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2303&num=0&edition=prelim), each eligible agency may submit a transition plan that shall fulfill the eligible agency’s obligation to submit a State plan under this section for the first fiscal year following July 31, 2018. (2) **Revisions** — Each eligible agency— (A) may submit such annual revisions of the State plan to the Secretary as the eligible agency determines to be necessary; and (B) shall, after the second year of the 4-year period, conduct a review of activities assisted under this subchapter and submit any revisions of the State plan that the eligible agency determines necessary to the Secretary. (3) **Hearing process** — The eligible agency shall conduct public hearings in the State, after appropriate and sufficient notice, for the purpose of affording all segments of the public and interested organizations and groups (including teachers, faculty, specialized instructional support personnel, paraprofessionals, school leaders, authorized public chartering agencies and charter school leaders (consistent with State law), employers, labor organizations, parents, students, Indian Tribes and Tribal organizations that may be present in the State, and community organizations), an opportunity to present their views and make recommendations regarding the State plan. A summary of suc

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 2392

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

29 U.S.C. § 3112 — Definitions

In this Act, and the core program provisions that are not in this Act, except as otherwise expressly provided: (1) **Administrative costs** — The term “administrative costs” means expenditures incurred by State boards and local boards, direct recipients (including State grant recipients under part B of subchapter I and recipients of awards under parts C and D of subchapter I), local grant recipients, local fiscal agents or local grant subrecipients, and one-stop operators in the performance of administrative functions and in carrying out activities under subchapter I that are not related to the direct provision of workforce investment services (including services to participants and employers). Such costs include both personnel and nonpersonnel costs and both direct and indirect costs. (2) **Adult** — Except as otherwise specified in [section 3172 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3172&num=0&edition=prelim), the term “adult” means an individual who is age 18 or older. (3) **Adult education; adult education and literacy activities** — The terms “adult education” and “adult education and literacy activities” have the meanings given the terms in [section 3272 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3272&num=0&edition=prelim). (4) **Area career and technical education school** — The term “area career and technical education school” has the meaning given the term in [section 2302 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2302&num=0&edition=prelim). (5) **Basic skills deficient** — The term “basic skills deficient” means, with respect to an individual— (A) who is a youth, that the individual has English reading, wri

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 3112

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

29 U.S.C. § 3305 — Reservation of funds; grants to eligible agencies; allotments

**(a) Reservation of funds** From the sum appropriated under [section 3275 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3275&num=0&edition=prelim) for a fiscal year, the Secretary— (1) shall reserve 2 percent to carry out [section 3332 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3332&num=0&edition=prelim), except that the amount so reserved shall not exceed $15,000,000; and (2) shall reserve 12 percent of the amount that remains after reserving funds under paragraph (1) to carry out [section 3333 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3333&num=0&edition=prelim). **(b) Grants to eligible agencies** (1) **In general** — From the sum appropriated under [section 3275 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3275&num=0&edition=prelim) and not reserved under subsection (a) for a fiscal year, the Secretary shall award a grant to each eligible agency having a unified State plan approved under [section 3112 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3112&num=0&edition=prelim) or a combined State plan approved under [section 3113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3113&num=0&edition=prelim) in an amount equal to the sum of the initial allotment under subsection (c)(1) and the additional allotment under subsection (c)(2) for the eligible agency for the fiscal year, subject to subsections (f) and (g), to enable the eligible agency to carry out the activities assisted under this subchapter. (2) **Purpose of grants** — The Secretary may award a grant under paragraph (1) only if the eli

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 3305

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

29 U.S.C. § 3323 — State administration

Each eligible agency shall be responsible for the State or outlying area administration of activities under this subchapter, including— (1) the development, implementation, and monitoring of the relevant components of the unified State plan in [section 3112 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3112&num=0&edition=prelim) or the combined State plan in [section 3113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3113&num=0&edition=prelim); (2) consultation with other appropriate agencies, groups, and individuals that are involved in, or interested in, the development and implementation of activities assisted under this subchapter; and (3) coordination and nonduplication with other Federal and State education, training, corrections, public housing, and social service programs.

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 3323

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

29 U.S.C. § 3332 — State leadership activities

**(a) Activities** (1) **Required** — Each eligible agency shall use funds made available under [section 3302(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3302/a/2&num=0&edition=prelim) for the following adult education and literacy activities to develop or enhance the adult education system of the State or outlying area: (A) The alignment of adult education and literacy activities with other core programs and one-stop partners, including eligible providers, to implement the strategy identified in the unified State plan under [section 3112 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3112&num=0&edition=prelim) or the combined State plan under [section 3113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3113&num=0&edition=prelim), including the development of career pathways to provide access to employment and training services for individuals in adult education and literacy activities. (B) The establishment or operation of high quality professional development programs to improve the instruction provided pursuant to local activities required under [section 3321(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3321/b&num=0&edition=prelim), including instruction incorporating the essential components of reading instruction as such components relate to adults, instruction related to the specific needs of adult learners, instruction provided by volunteers or by personnel of a State or outlying area, and dissemination of information about models and promising practices related to such programs. (C) The provision of technical assistance to eligible providers of adult education and l

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 3332

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

29 U.S.C. § 3333 — State plan

Each State desiring to receive funds under this subchapter for any fiscal year shall submit and have approved a unified State plan in accordance with [section 3112 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3112&num=0&edition=prelim) or a combined State plan in accordance with [section 3113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3113&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 3333

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