29 U.S.C. § 3113 — Combined State plan
submitted 12 years ago by Pub. L. 113-128 to r/title-29-LABOR · 995 words · no verdicts yet
A State may combine its plan for the core workforce programs with plans for listed programs and activities. The combined plan has specified review, approval, and coordination requirements.
(a) In general. (1) Authority to submit plan. A State may submit one combined plan to the appropriate Secretaries for the core programs and one or more listed programs or activities instead of submitting two or more separate plans. (2) Programs. The listed programs and activities are: (A) career and technical education programs under the Carl D. Perkins Career and Technical Education Act of 2006; (B) programs under part A of title IV of the Social Security Act; (C) programs under section 2015(d)(4) of title 7; (D) work programs under section 2015(o) of title 7; (E) activities under chapter 2 of title II of the Trade Act of 1974; (F) activities under chapter 41 of title 38; (G) programs under State unemployment-compensation laws, consistent with applicable Federal law; (H) programs under title V of the Older Americans Act of 1965; (I) employment and training activities carried out by the Department of Housing and Urban Development; (J) employment and training activities under the Community Services Block Grant Act; and (K) programs under section 60532 of title 34. (b) Requirements. (1) In general. The part covering the core programs must meet section 3112’s requirements, including section 3112(c)(3). The part covering a listed program or activity must meet any requirements that Federal law sets for a plan or assistance application for that program or activity. The State may choose to apply section 3112(c)(3) to that part. (2) Additional submission not required. A State whose combined plan is approved under subsection (c) does not have to submit another plan or application to receive Federal funds for the covered core programs or listed programs or activities. (3) Coordination. The combined plan must describe the methods used for joint planning and coordination of the covered programs and activities. It must also assure that the entities responsible for planning or administering them had an opportunity to review and comment on every part of the plan. (c) Approval by the appropriate Secretaries. (1) Jurisdiction. The appropriate Secretary may approve the corresponding part of the plan described in subsection (d). Once approved, that part is implemented by the State under that part and under the Federal law authorizing the program or activity. (2) Approval of core programs. No part concerning a core program may be implemented until the appropriate Secretary approves the corresponding parts for all core programs. (3) Timing of approval. (A) Unless subparagraphs (B) or (C) applies, a part covering the core programs or a listed program or activity is considered approved at the end of 90 days after submission. (B) If an appropriate Secretary other than the Secretary of Labor or Secretary of Education must approve a part, that part is considered approved at the end of 120 days after submission. (C) A part is not considered approved if, during the applicable 90-day or 120-day period, the appropriate Secretary makes a written determination that it conflicts with the Federal law authorizing or applying to the program or activity, including any approval criteria, or that it conflicts with this section. (4) Special rule. For a State core program or a program under the Carl D. Perkins Act, “criteria for approval of a plan or application” includes agreement between the State and appropriate Secretaries on State performance measures or accountability measures, including performance levels. (d) Appropriate Secretary. For a core-program part, including its subsection (b)(3) description and assurance, “appropriate Secretary” means the Secretaries of Labor and Education. For a part covering a listed program or activity, including its subsection (b)(3) description and assurance, it means the head of the Federal agency that has plan or application approval authority under the authorizing law, or, if there are no such requirements, administrative authority under that law.
A State may develop and submit to the appropriate Secretaries a combined State plan for the core programs and 1 or more of the programs and activities described in paragraph (2) in lieu of submitting 2 or more plans, for the programs and activities and the core programs.
The programs and activities referred to in paragraph (1) are as follows:
Career and technical education programs authorized under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.).
Programs authorized under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.).
Programs authorized under section 2015(d)(4) of title 7.
Work programs authorized under section 2015(o) of title 7.
Activities authorized under chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.).
Activities authorized under chapter 41 of title 38.
Programs authorized under State unemployment compensation laws (in accordance with applicable Federal law).
Programs authorized under title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.).
Employment and training activities carried out by the Department of Housing and Urban Development.
Employment and training activities carried out under the Community Services Block Grant Act (42 U.S.C. 9901 et seq.).
Programs authorized under section 60532 1 of title 34.
The portion of a combined plan covering the core programs shall be subject to the requirements of section 3112 of this title (including section 3112(c)(3) of this title). The portion of such plan covering a program or activity described in subsection (a)(2) shall be subject to the requirements, if any, applicable to a plan or application for assistance for that program or activity, under the Federal law authorizing the program or activity. At the election of the State, section 3112(c)(3) of this title may apply to that portion.
A State that submits a combined plan that is approved under subsection (c) shall not be required to submit any other plan or application in order to receive Federal funds to carry out the core programs or the program or activities described in subsection (a)(2) that are covered by the combined plan.
A combined plan shall include—
a description of the methods used for joint planning and coordination of the core programs and the other programs and activities covered by the combined plan; and
an assurance that the methods included an opportunity for the entities responsible for planning or administering the core programs and the other programs and activities to review and comment on all portions of the combined plan.
The appropriate Secretary shall have the authority to approve the corresponding portion of a combined plan as described in subsection (d). On the approval of the appropriate Secretary, that portion of the combined plan, covering a program or activity, shall be implemented by the State pursuant to that portion of the combined plan, and the Federal law authorizing the program or activity.
No portion of the plan relating to a core program shall be implemented until the appropriate Secretary approves the corresponding portions of the plan for all core programs.
Except as provided in subparagraphs (B) and (C), a portion of the combined State plan covering the core programs or a program or activity described in subsection (a)(2) shall be considered to be approved by the appropriate Secretary at the end of the 90-day period beginning on the day the plan is submitted.
If an appropriate Secretary other than the Secretary of Labor or the Secretary of Education has authority to approve a portion of a combined plan, that portion of the combined plan shall be considered to be approved by the appropriate Secretary at the end of the 120-day period beginning on the day the plan is submitted.
The portion shall not be considered to be approved if the appropriate Secretary makes a written determination, during the 90-day period (or the 120-day period, for an appropriate Secretary covered by subparagraph (B)), that the portion is not consistent with the requirements of the Federal law authorizing or applicable to the program or activity involved, including the criteria for approval of a plan or application, if any, under such law, or the plan is not consistent with the requirements of this section.
In paragraph (3), the term “criteria for approval of a plan or application”, with respect to a State and a core program or a program under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), includes a requirement for agreement between the State and the appropriate Secretaries regarding State performance measures or State performance accountability measures, as the case may be, including levels of performance.
In this section, the term “appropriate Secretary” means—
with respect to the portion of a combined plan relating to any of the core programs (including a description, and an assurance concerning that program, specified in subsection (b)(3)), the Secretary of Labor and the Secretary of Education; and
with respect to the portion of a combined plan relating to a program or activity described in subsection (a)(2) (including a description, and an assurance concerning that program or activity, specified in subsection (b)(3)), the head of the Federal agency who exercises plan or application approval authority for the program or activity under the Federal law authorizing the program or activity, or, if there are no planning or application requirements for such program or activity, exercises administrative authority over the program or activity under that Federal law.
Source credit: (Pub. L. 113–128, title I, § 103, July 22, 2014, 128 Stat. 1450.)
- 2014Enacted · Pub. L. 113-128 · 128 Stat. 1450
A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-128 on 2014-07-22.
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