29 U.S.C. § 3251 — State legislative authority

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 The Workforce Investment Act of 1998 was repealed by Pub.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