§ 2944. — Continuation of State activities and policies.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC2944]
TITLE 29--LABOR
CHAPTER 30--WORKFORCE INVESTMENT SYSTEMS
SUBCHAPTER V--ADMINISTRATION
Sec. 2944. Continuation of State activities and policies
(a) In general
Notwithstanding any other provision of this chapter, the Secretary
may not deny approval of a State plan for a covered State, or an
application of a covered State for financial assistance, under this
chapter or find a covered State (including a State board or Governor),
or a local area (including a local board or chief elected official) in a
covered State, in violation of a provision of this chapter, on the basis
that--
(1)(A) the State proposes to allocate or disburse, allocates, or
disburses, within the State, funds made available to the State under
section 2852 or 2862 of this title in accordance with the allocation
formula for the type of activities involved, or in accordance with a
disbursal procedure or process, used by the State under prior
consistent State laws; or
(B) a local board in the State proposes to disburse, or
disburses, within the local area, funds made available to a State
under section 2852 or 2862 of this title in accordance with a
disbursal procedure or process used by a private industry council
under prior consistent State law;
(2) the State proposes to carry out or carries out a State
procedure through which local areas use, as fiscal agents for funds
made available to the State under section 2852 or 2862 of this title
and allocated within the State, fiscal agents selected in accordance
with a process established under prior consistent State laws;
(3) the State proposes to carry out or carries out a State
procedure through which the local board in the State (or the local
boards, the chief elected officials in the State, and the Governor)
designate or select the one-stop partners and one-stop operators of
the statewide system in the State under prior consistent State laws,
in lieu of making the designation, or certification described in
section 2841 of this title (regardless of the date the one-stop
delivery systems involved have been established);
(4) the State proposes to carry out or carries out a State
procedure through which the persons responsible for selecting
eligible providers for purposes of subchapter II of this chapter are
permitted to determine that a provider shall not be selected to
provide both intake services under section 2864(d)(2) of this title
and training services under section 2864(d)(4) of this title, under
prior consistent State laws;
(5) the State proposes to designate or designates a State board,
or proposes to assign or assigns functions and roles of the State
board (including determining the time periods for development and
submission of a State plan required under section 2822 of this
title), for purposes of subchapter II of this chapter in accordance
with prior consistent State laws; or
(6) a local board in the State proposes to use or carry out,
uses, or carries out a local plan (including assigning functions and
roles of the local board) for purposes of subchapter II of this
chapter in accordance with the authorities and requirements
applicable to local plans and private industry councils under prior
consistent State laws.
(b) Definition
In this section:
(1) Covered State
The term ``covered State'' means a State that enacted State laws
described in paragraph (2).
(2) Prior consistent State laws
The term ``prior consistent State laws'' means State laws, not
inconsistent with the Job Training Partnership Act or any other
applicable Federal law, that took effect on September 1, 1993,
September 1, 1995, and September 1, 1997.
(Pub. L. 105-220, title I, Sec. 194, Aug. 7, 1998, 112 Stat. 1056.)
References in Text
The Job Training Partnership Act, referred to in subsec. (b)(2), is
Pub. L. 97-300, Oct. 13, 1982, 96 Stat. 1322, as amended, which was
classified generally to chapter 19 (Sec. 1501 et seq.) of this title,
prior to repeal by Pub. L. 105-220, title I, Sec. 199(b)(2), (c)(2)(B),
Aug. 7, 1998, 112 Stat. 1059, effective July 1, 2000.
