§ 2942. — Workforce flexibility plans.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC2942]
TITLE 29--LABOR
CHAPTER 30--WORKFORCE INVESTMENT SYSTEMS
SUBCHAPTER V--ADMINISTRATION
Sec. 2942. 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 requirements applicable
under this chapter to local areas, pursuant to applications for such
waivers from the local areas, except for requirements relating to
the basic purposes of this chapter, wage and labor standards,
grievance procedures and judicial review, nondiscrimination,
eligibility of participants, allocation of funds to local areas,
establishment and functions of local areas and local boards, review
and approval of local plans, and worker rights, participation, and
protection;
(2) any of the statutory or regulatory requirements applicable
under sections 49g through 49i of this title to the State, except
for requirements relating to the provision of services to
unemployment insurance claimants and veterans, and to universal
access to basic labor exchange services without cost to jobseekers;
and
(3) any of the statutory or regulatory requirements applicable
under the Older Americans 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(a)(3) \1\ of such Act (42 U.S.C.
3056d(a)(3)), except for requirements relating to the basic purposes
of such Act, wage and labor standards, eligibility of participants
in the activities, and standards for agreements.
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\1\ See References in Text note below.
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(b) Content of plans
A workforce flexibility plan implemented by a State under subsection
(a) of this section shall include descriptions 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
requirements applicable under this chapter; and
(B) the requirements described in subparagraph (A) that are
likely to be waived by the State under the plan;
(2) the requirements applicable under sections 49g through 49i
of this title that are proposed 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 waivers described in
paragraphs (1) through (3); and
(5) other measures to be taken to ensure appropriate
accountability for Federal funds in connection with the waivers.
(c) Periods
The Secretary may approve a workforce flexibility 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 and a reasonable opportunity for
comment on the waiver requests proposed to be implemented pursuant to
such plan.
(Pub. L. 105-220, title I, Sec. 192, Aug. 7, 1998, 112 Stat. 1054; Pub.
L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 401(14)], Oct. 21,
1998, 112 Stat. 2681-337, 2681-411.)
References in Text
The Older Americans Act of 1965, referred to in subsecs. (a)(3) and
(b)(3), is Pub. L. 89-73, July 14, 1965, 79 Stat. 218, as amended, which
is classified generally to chapter 35 (Sec. 3001 et seq.) of Title 42,
The Public Health and Welfare. Section 506 of the Act, which is
classified to section 3056d of Title 42, was amended generally by Pub.
L. 106-501, title V, Sec. 501, Nov. 13, 2000, 114 Stat. 2276, and
provisions formerly appearing in subsec. (a)(3) of that section are now
contained in subsec. (e). For complete classification of this Act to the
Code, see Short Title note set out under section 3001 of Title 42 and
Tables.
Amendments
1998--Subsec. (a)(2). Pub. L. 105-277 struck out comma before ``to
the State, except''.
Subsec. (a)(3). Pub. L. 105-277 substituted ``) to'' for ``), to''.
Workforce Flexibility Partnership Demonstration Program
Pub. L. 105-78, title I, Nov. 13, 1997, 111 Stat. 1469, provided in
part: ``That the Secretary of Labor shall establish 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 [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, nondiscrimination, allotment of funds, and
eligibility), and any of the statutory or regulatory requirements of
sections 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
exchange services without cost to job seekers), for a duration 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
Secretary for the provision of workforce employment and training
activities in the States, which includes a description of the process by
which service delivery areas and substate areas may apply for and have
waivers approved by the State, the requirements of the Wagner-Peyser Act
[29 U.S.C. 49 et seq.] to be waived, the outcomes to be achieved and
other measures to be taken to ensure appropriate accountability for
Federal funds.''
[References to a provision of the Job Training Partnership 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 section 2940(b) of this title. For complete
classification of the Workforce Investment Act of 1998 to the Code, see
Short Title note set out under section 9201 of Title 20, Education, and
Tables.]
Similar provisions were contained in the following prior
appropriations act:
Pub. L. 104-208, div. A, title I, Sec. 101(e) [title I], Sept. 30,
1996, 110 Stat. 3009-233, 3009-234.
