29 U.S.C. § 3250 — Workforce flexibility plans

Page 945 TITLE 29—LABOR § 3250 section, the Secretary shall expedite the de- termination regarding the provision of that waiver, for another State or local area if such waiver is in accordance with the ap- proved State or local plan, as appropriate. (Pub. L. 113–128, title I, § 189, July 22, 2014, 128 Stat. 1599.) 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. § 3250. 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 re- quirements applicable under this subchapter to local areas, pursuant to applications for such waivers from the local areas, except for requirements relating to the basic purposes of this subchapter, wage and labor standards, grievance procedures and judicial review, non- discrimination, eligibility of participants, al- location of funds to local areas, establishment and functions of local areas and local boards, procedures for review and approval of local plans, and worker rights, participation, and protection; (2) any of the statutory or regulatory re- quirements applicable under sections 49g through 49i of this title to the State (exclud- ing requirements relating to the provision of services to unemployment insurance claim- ants and veterans, and requirements relating to universal access to basic labor exchange services without cost to jobseekers); and (3) any of the statutory or regulatory re- quirements applicable under the Older Ameri- cans 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(b) of such Act (42 U.S.C. 3056d(b)), except for requirements relating to the basic pur- poses of such Act, wage and labor standards, eligibility of participants in the activities, and standards for grant agreements. (b) Content of plans A workforce flexibility plan implemented by a State under subsection (a) shall include descrip- tions 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 require- ments applicable under this subchapter; and (B) the requirements described in subpara- graph (A) that are likely to be waived by the State under the plan; (2) the requirements applicable under sec- tions 49g through 49i of this title that are pro- posed 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 waiv- ers described in paragraphs (1) through (3); and (5) other measures to be taken to ensure ap- propriate accountability for Federal funds in connection with the waivers. (c) Periods The Secretary may approve a workforce flexi- bility 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 of and a reason- able opportunity for comment on the waiver re- quests proposed to be implemented pursuant to such plan. (Pub. L. 113–128, title I, § 190, July 22, 2014, 128 Stat. 1602.) Editorial Notes REFERENCES IN TEXT The Older Americans Act of 1965, referred to in sub- secs. (a)(3) and (b)(3), is Pub. L. 89–73, July 14, 1965, 79 Stat. 218, which is classified generally to chapter 35 (§ 3001 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of Title 42 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. WORKFORCE FLEXIBILITY PARTNERSHIP DEMONSTRATION PROGRAM Pub. L. 105–78, title I, Nov. 13, 1997, 111 Stat. 1469, pro- vided in part: ‘‘That the Secretary of Labor shall estab- lish 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 [former 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, non- discrimination, allotment of funds, and eligibility), and any of the statutory or regulatory requirements of sec- tions 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 ex- change services without cost to job seekers), for a dura- tion 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 Sec- retary for the provision of workforce employment and training activities in the States, which includes a de- scription of the process by which service delivery areas and substate areas may apply for and have waivers ap- proved by the State, the requirements of the Wagner- Peyser Act [29 U.S.C. 49 et seq.] to be waived, the out- comes to be achieved and other measures to be taken to ensure appropriate accountability for Federal funds.’’ Page 946 TITLE 29—LABOR § 3251 [References to a provision of the Job Training Part- nership 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 former section 2940(b) of this title. The Workforce Investment Act of 1998 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 Job Training Partnership Act and the Workforce Investment Act of 1998 to the Code, see Ta- bles. For complete classification of the Workforce Inno- vation and Opportunity Act to the Code, see Short Title note set out under section 3101 of this title and Tables.] Similar provisions were contained in the following prior appropriations act: Pub. L. 104–208, div. A, title I, § 101(e) [title I], Sept. 30, 1996, 110 Stat. 3009–233, 3009–234. § 3251. State legislative authority (a) Authority of State legislature Nothing in this subchapter shall be inter- preted to preclude the enactment of State legis- lation providing for the implementation, con- sistent with the provisions of this subchapter, of the activities assisted under this subchapter. Any funds received by a State under this sub- chapter shall be subject to appropriation by the State legislature, consistent with the terms and conditions required under this subchapter. (b) Interstate compacts and cooperative agree- ments In the event that compliance with provisions of this subchapter would be enhanced by com- pacts and cooperative agreements between States, the consent of Congress is given to States to enter into such compacts and agree- ments to facilitate such compliance, subject to the approval of the Secretary. (Pub. L. 113–128, title I, § 191, July 22, 2014, 128 Stat. 1603.) 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. § 3252. Transfer of Federal equity in State em- ployment security agency real property to the States (a) Transfer of Federal equity Notwithstanding any other provision of law, any Federal equity acquired in real property through grants to States awarded under title III of the Social Security Act (42 U.S.C. 501 et seq.) or under the Wagner-Peyser Act (29 U.S.C. 49 et seq.) is transferred to the States that used the grants for the acquisition of such equity. The portion of any real property that is attributable to the Federal equity transferred under this sec- tion shall be used to carry out activities author- ized under this Act, title III of the Social Secu- rity Act, or the Wagner-Peyser Act. Any disposi- tion of such real property shall be carried out in accordance with the procedures prescribed by the Secretary and the portion of the proceeds from the disposition of such real property that is attributable to the Federal equity transferred under this section shall be used to carry out ac- tivities authorized under this Act, title III of the Social Security Act, or the Wagner-Peyser Act. (b) Limitation on use A State shall not use funds awarded under this Act, title III of the Social Security Act, or the Wagner-Peyser Act to amortize the costs of real property that is purchased by any State on or after February 15, 2007. (Pub. L. 113–128, title I, § 192, July 22, 2014, 128 Stat. 1604.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title III of the Act is classified generally to subchapter III (§ 501 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. The Wagner-Peyser Act, referred to in text, is act June 6, 1933, ch. 49, 48 Stat. 113, which is classified gen- erally to chapter 4B (§ 49 et seq.) of this title. For com- plete classification of this Act to the Code, see Short Title note set out under section 49 of this title and Ta- bles. This Act, referred to in text, is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, known as the Workforce Innova- tion and Opportunity Act, which enacted this chapter, repealed chapter 30 (§ 2801 et seq.) of this title and chap- ter 73 (§ 9201 et seq.) of Title 20, Education, and made amendments to numerous other sections 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. 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. § 3253. Continuation of State activities and poli- cies (a) In general Notwithstanding any other provision of this subchapter, the Secretary may not deny ap- proval of a State plan for a covered State, or an application of a covered State for financial as- sistance, under this subchapter, or find a cov- ered State (including a State board or Gov- ernor), or a local area (including a local board or chief elected official) in a covered State, in vio- lation of a provision of this subchapter, on the basis that— (1)(A) the State proposes to allocate or dis- burse, allocates, or disburses, within the State, funds made available to the State under section 3162 or 3172 of this title in accordance with the allocation formula for the type of ac- tivities involved, or in accordance with a dis- bursal procedure or process, used by the State under prior consistent State laws; or