29 U.S.C. § 3112 — Unified State plan

Page 831 TITLE 29—LABOR § 3112 Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (d)(7)(A) and (e)(2), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, known as the Workforce Innovation and Opportunity Act, which enacted this chapter, repealed chapter 30 (§ 2801 et seq.) of this title and chapter 73 (§ 9201 et seq.) of Title 20, Education, and made amendments to numerous other sections and notes in the Code. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. The Workforce Investment Act of 1998, referred to in subsec. (e)(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 L. 105–220, Aug. 7, 1998, 112 Stat. 936, and was repealed by Pub.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. For complete classification of this Act to the Code, see 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. TELECOMMUNICATIONS WORKFORCE GUIDANCE Pub. L. 117–58, div. F, title VI, § 60603, Nov. 15, 2021, 135 Stat. 1249, provided that: ‘‘Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021], the Secretary of Labor, in partnership with the Chairman of the Federal Communications Commission, shall es- tablish and issue guidance on how States can address the workforce needs and safety of the telecommuni- cations industry, including guidance on how a State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111) can— ‘‘(1) utilize Federal resources available to States to meet the workforce needs of the telecommunications industry; ‘‘(2) promote and improve recruitment in workforce development programs in the telecommunications in- dustry; and ‘‘(3) ensure the safety of the telecommunications workforce, including tower climbers.’’ § 3112. Unified State plan (a) Plan For a State to be eligible to receive allot- ments for the core programs, the Governor shall submit to the Secretary of Labor for the ap- proval process described under subsection (c)(2), a unified State plan. The unified State plan shall outline a 4-year strategy for the core pro- grams of the State and meet the requirements of this section. (b) Contents (1) Strategic planning elements The unified State plan shall include stra- tegic planning elements consisting of a stra- tegic vision and goals for preparing an edu- cated and skilled workforce, that include— (A) an analysis of the economic conditions in the State, including— (i) existing and emerging in-demand in- dustry sectors and occupations; and (ii) the employment needs of employers, including a description of the knowledge, skills, and abilities, needed in those indus- tries 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 individ- uals with barriers to employment (including individuals with disabilities), in the State; (C) an analysis of the workforce develop- ment activities (including education and training) in the State, including an analysis of the strengths and weaknesses of such ac- tivities, 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 em- ployment) and for meeting the skilled work- force needs of employers, including goals re- lating to performance accountability meas- ures based on primary indicators of perform- ance described in section 3141(b)(2)(A) of this title, in order to support economic growth and economic self-sufficiency, and of how the State will assess the overall effective- ness of the workforce investment system in the State; and (E) taking into account analyses described in subparagraphs (A) through (C), a strategy for aligning the core programs, as well as other resources available to the State, to achieve the strategic vision and goals de- scribed in subparagraph (D). (2) Operational planning elements (A) In general The unified State plan shall include the operational planning elements contained in this paragraph, which shall support the strategy described in paragraph (1)(E), in- cluding a description of how the State board will implement the functions under section 3111(d) of this title. (B) Implementation of State strategy The unified State plan shall describe how the lead State agency with responsibility for the administration of a core program will implement the strategy described in para- graph (1)(E), including a description of— (i) the activities that will be funded by the entities carrying out the respective core programs to implement the strategy and how such activities will be aligned across the programs and among the enti- ties administering the programs, including using co-enrollment and other strategies; (ii) how the activities described in clause (i) will be aligned with activities provided under employment, training, education, including career and technical education, and human services programs not covered by the plan, as appropriate, assuring co- ordination of, and avoiding duplication among, the activities referred to in this clause; (iii) how the entities carrying out the re- spective core programs will coordinate ac- tivities and provide comprehensive, high- quality services including supportive serv- ices, to individuals; Page 832 TITLE 29—LABOR § 3112 (iv) how the State’s strategy will engage the State’s community colleges and area career and technical education schools as partners in the workforce development system and enable the State to leverage other Federal, State, and local invest- ments that have enhanced access to work- force development programs at those insti- tutions; (v) how the activities described in clause (i) will be coordinated with economic de- velopment strategies and activities in the State; and (vi) how the State’s strategy will im- prove access to activities leading to a rec- ognized postsecondary credential (includ- ing a credential that is an industry-recog- nized certificate or certification, portable, and stackable). (C) State operating systems and policies The unified State plan shall describe the State operating systems and policies that will support the implementation of the strategy described in paragraph (1)(E), in- cluding a description of— (i) the State board, including the activi- ties to assist members of the State board and the staff of such board in carrying out the functions of the State board effec- tively (but funds for such activities may not be used for long-distance travel ex- penses for training or development activi- ties available locally or regionally); (ii)(I) how the respective core programs will be assessed each year, including an as- sessment of the quality, effectiveness, and improvement of programs (analyzed by local area, or by provider), based on State performance accountability measures de- scribed in section 3141(b) of this title; and (II) how other one-stop partner programs will be assessed each year; (iii) the results of an assessment of the effectiveness of the core programs and other one-stop partner programs during the preceding 2-year period; (iv) the methods and factors the State will use in distributing funds under the core programs, in accordance with the pro- visions authorizing such distributions; (v)(I) how the lead State agencies with responsibility for the administration of the core programs will align and integrate available workforce and education data on core programs, unemployment insurance programs, and education through postsec- ondary education; (II) how such agencies will use the work- force development system to assess the progress of participants that are exiting from core programs in entering, persisting in, and completing postsecondary edu- cation, or entering or remaining in em- ployment; and (III) the privacy safeguards incorporated in such system, including safeguards re- quired by section 1232g of title 20 and other applicable Federal laws; (vi) how the State will implement the priority of service provisions for veterans in accordance with the requirements of section 4215 of title 38; (vii) how the one-stop delivery system, including one-stop operators and the one- stop partners, will comply with section 3248 of this title, if applicable, and applica- ble provisions of the Americans with Dis- abilities Act of 1990 (42 U.S.C. 12101 et seq.), regarding the physical and pro- grammatic accessibility of facilities, pro- grams, services, technology, and mate- rials, for individuals with disabilities, in- cluding complying through providing staff training and support for addressing the needs of individuals with disabilities; and (viii) such other operational planning elements as the Secretary of Labor or the Secretary of Education, as appropriate, de- termines to be necessary for effective State operating systems and policies. (D) Program-specific requirements The unified State plan shall include— (i) with respect to activities carried out under part B, a description of— (I) State policies or guidance, for the statewide workforce development system and for use of State funds for workforce investment activities; (II) the local areas designated in the State, including the process used for des- ignating local areas, and the process used for identifying any planning regions under section 3121(a) of this title, includ- ing a description of how the State con- sulted with the local boards and chief elected officials in determining the plan- ning regions; (III) the appeals process referred to in section 3121(b)(6) of this title, relating to designation of local areas; (IV) the appeals process referred to in section 3151(h)(2)(E) of this title, relating to determinations for infrastructure funding; and (V) with respect to youth workforce in- vestment activities authorized in section 3164 of this title, information identifying the criteria to be used by local boards in awarding grants for youth workforce in- vestment activities and describing how the local boards will take into consider- ation the ability of the providers to meet performance accountability measures based on primary indicators of perform- ance for the youth program as described in section 3141(b)(2)(A)(ii) of this title in awarding such grants; (ii) with respect to activities carried out under subchapter II, a description of— (I) how the eligible agency will, if ap- plicable, align content standards for adult education with challenging State academic standards, as adopted under section 6311(b)(1) of title 20; (II) how the State will fund local ac- tivities using considerations specified in section 3321(e) of this title for— (aa) activities under section 3321(b) of this title; (bb) programs for corrections edu- cation under section 3305 of this title; Page 833 TITLE 29—LABOR § 3112 (cc) programs for integrated English literacy and civics education under section 3333 of this title; and (dd) integrated education and train- ing; (III) how the State will use the funds to carry out activities under section 3303 of this title; (IV) how the State will use the funds to carry out activities under section 3333 of this title; (V) how the eligible agency will assess the quality of providers of adult edu- cation and literacy activities under sub- chapter II and take actions to improve such quality, including providing the ac- tivities described in section 3303(a)(1)(B) of this title; (iii) with respect to programs carried out under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other than sec- tion 112 or part C of that title (29 U.S.C. 732, 741), the information described in sec- tion 101(a) of that Act (29 U.S.C. 721(a)); and (iv) information on such additional spe- cific requirements for a program ref- erenced in any of clauses (i) through (iii) or the Wagner-Peyser Act (29 U.S.C. 49 et seq.) as the Secretary of Labor determines to be necessary to administer that pro- gram but cannot reasonably be applied across all such programs. (E) Assurances The unified State plan shall include assur- ances— (i) that the State has established a pol- icy identifying circumstances that may present a conflict of interest for a State board or local board member, or the entity or class of officials that the member rep- resents, and procedures to resolve such conflicts; (ii) that the State has established a pol- icy to provide to the public (including in- dividuals with disabilities) access to meet- ings of State boards and local boards, and information regarding activities of State boards and local boards, such as data on board membership and minutes; (iii)(I) that the lead State agencies with responsibility for the administration of core programs reviewed and commented on the appropriate operational planning ele- ments of the unified State plan, and ap- proved the elements as serving the needs of the populations served by such pro- grams; and (II) that the State obtained input into the development of the unified State plan and provided an opportunity for comment on the plan by representatives of local boards and chief elected officials, busi- nesses, labor organizations, institutions of higher education, other primary stake- holders, and the general public and that the unified State plan is available and ac- cessible to the general public; (iv) that the State has established, in ac- cordance with section 3141(i) of this title, fiscal control and fund accounting proce- dures that may be necessary to ensure the proper disbursement of, and accounting for, funds paid to the State through allot- ments made for adult, dislocated worker, and youth programs to carry out work- force investment activities under subparts 2 and 3 of part B; (v) that the State has taken appropriate action to secure compliance with uniform administrative requirements in this Act, including that the State will annually monitor local areas to ensure compliance and otherwise take appropriate action to secure compliance with the uniform ad- ministrative requirements under section 3244(a)(3) of this title; (vi) that the State has taken the appro- priate action to be in compliance with sec- tion 3248 of this title, if applicable; (vii) that the Federal funds received to carry out a core program will not be ex- pended for any purpose other than for ac- tivities authorized with respect to such funds under that core program; (viii) that the eligible agency under sub- chapter II will— (I) expend the funds appropriated to carry out that subchapter only in a man- ner consistent with fiscal requirements under section 3331(a) of this title (regard- ing supplement and not supplant provi- sions); and (II) ensure that there is at least 1 eligi- ble provider serving each local area; (ix) that the State will pay an appro- priate share (as defined by the State board) of the costs of carrying out section 3141 of this title, from funds made avail- able through each of the core programs; and (x) regarding such other matters as the Secretary of Labor or the Secretary of Education, as appropriate, determines to be necessary for the administration of the core programs. (3) Existing analysis As appropriate, a State may use an existing analysis in order to carry out the require- ments of paragraph (1) concerning an analysis. (c) Plan submission and approval (1) Submission (A) Initial plan The initial unified State plan under this section (after July 22, 2014) shall be sub- mitted to the Secretary of Labor not later than 120 days prior to the commencement of the second full program year after July 22, 2014. (B) Subsequent plans Except as provided in subparagraph (A), a unified State plan shall be submitted to the Secretary of Labor not later than 120 days prior to the end of the 4-year period covered by the preceding unified State plan. (2) Submission and approval (A) Submission In approving a unified State plan under this section, the Secretary shall submit the Page 834 TITLE 29—LABOR § 3113 portion of the unified State plan covering a program or activity to the head of the Fed- eral agency that administers the program or activity for the approval of such portion by such head. (B) Approval A unified State plan shall be subject to the approval of both the Secretary of Labor and the Secretary of Education, after approval of the Commissioner of the Rehabilitation Services Administration for the portion of the plan described in subsection (b)(2)(D)(iii). The plan shall be considered to be approved at the end of the 90-day period beginning on the day the plan is submitted, unless the Secretary of Labor or the Sec- retary of Education makes a written deter- mination, during the 90-day period, that the plan is inconsistent with the provisions of this section or the provisions authorizing the core programs, as appropriate. (3) Modifications (A) Modifications At the end of the first 2-year period of any 4-year unified State plan, the State board shall review the unified State plan, and the Governor shall submit modifications to the plan to reflect changes in labor market and economic conditions or in other factors af- fecting the implementation of the unified State plan. (B) Approval A modified unified State plan submitted for the review required under subparagraph (A) shall be subject to the approval require- ments described in paragraph (2). A Gov- ernor may submit a modified unified State plan at such other times as the Governor de- termines to be appropriate, and such modi- fied unified State plan shall also be subject to the approval requirements described in paragraph (2). (4) Early implementers The Secretary of Labor, in conjunction with the Secretary of Education, shall establish a process for approving and may approve unified State plans that meet the requirements of this section and are submitted to cover periods commencing prior to the second full program year described in paragraph (1)(A). (Pub. L. 113–128, title I, § 102, July 22, 2014, 128 Stat. 1444; Pub. L. 114–18, § 2(e)(1), May 22, 2015, 129 Stat. 213; Pub. L. 114–95, title IX, § 9215(yyy)(2), Dec. 10, 2015, 129 Stat. 2191.) Editorial Notes REFERENCES IN TEXT The Americans with Disabilities Act of 1990, referred to in subsec. (b)(2)(C)(vii), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 12101 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 sec- tion 12101 of Title 42 and Tables. The Rehabilitation Act of 1973, referred to in subsec. (b)(2)(D)(iii), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355. Title I of the Act is classified generally to subchapter I (§ 720 et seq.) of chapter 16 of this title. Part C of title I of the Act is classified generally to part C (§ 741) of subchapter I 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 Wagner-Peyser Act, referred to in subsec. (b)(2)(D)(iv), is act June 6, 1933, ch. 49, 48 Stat. 113, which is classified generally to chapter 4B (§ 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. This Act, referred to in subsec. (b)(2)(E)(v), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, known as the Work- force Innovation and Opportunity Act, which enacted this chapter, repealed chapter 30 (§ 2801 et seq.) of this title and chapter 73 (§ 9201 et seq.) of Title 20, Edu- cation, and made amendments to numerous other sec- tions and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. AMENDMENTS 2015—Subsec. (b)(2)(D)(i)(III). Pub. L. 114–18 sub- stituted ‘‘section 3121(b)(6)’’ for ‘‘section 3121(b)(5)’’. Subsec. (b)(2)(D)(ii)(I). Pub. L. 114–95 substituted ‘‘with challenging State academic standards, as adopt- ed under section 6311(b)(1) of title 20’’ for ‘‘with State- adopted challenging academic content standards, as adopted under section 6311(b)(1) of title 20’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. Pub. L. 114–18, § 2(f), May 22, 2015, 129 Stat. 214, pro- vided that: ‘‘The amendments made by this section [amending this section and sections 3121, 3122, 3141, 3164, 3172, and 3174 of this title] shall take effect as if in- cluded in the Workforce Innovation and Opportunity Act [Pub. L. 113–128].’’ 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. § 3113. Combined State plan (a) In general (1) Authority to submit plan A State may develop and submit to the ap- propriate Secretaries a combined State plan for the core programs and 1 or more of the pro- grams and activities described in paragraph (2) in lieu of submitting 2 or more plans, for the programs and activities and the core pro- grams. (2) Programs The programs and activities referred to in paragraph (1) are as follows: (A) Career and technical education pro- grams authorized under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.). (B) Programs authorized under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). (C) Programs authorized under section 2015(d)(4) of title 7. (D) Work programs authorized under sec- tion 2015(o) of title 7.