PUBLIC LAW 97-300-OCT. 13, 1982 (i) an unemployment rate (in the service delivery area or that portion within which services resulting in excess costs are to be provided) which exceeds the national average unemployment rate by at least 3 percentage points, and the ratio of current private employment to population in such area or portion is less than the national average of such ratio; (ii) the job training plan for such area proposes to serve a disproportionately high number of participants from groups requiring exceptional supportive service costs, such as handicapped individuals, offenders, and single heads of households with dependent children; (iii) the cost of providing necessary child care exceeds onehalf of the costs specified in paragraph (2) of subsection (b); (iv) the costs of providing necessary transportation exceeds one-third of the costs specified in paragraph (2) of subsection (b); or (v) a substantial portion of the participants in programs in the service delivery area are in training programs of 9 months' duration or more. (3) Expenditures may be made in excess of the limitation contained in subsection (b) if the need for and the amount of the excess is stated in the job training plan (or modification thereof) for the service delivery area and such plan demonstrates that administrative costs comply with subsection (a) of this section. (4) The provisions of this subsection shall not be available to the extent that supportive services provided under the job training plan duplicate services provided by any other public or private source that are available to participants without cost. 96 STAT. 1337 (5) The Governor shall not disapprove any plan (or modification Plan thereof) on the basis of any statement of the need for and amount of disapproval. excess costs in the job training plan if such plan or modification meets the requirements of this subsection. (d) The provisions of this section do not apply to any service delivery area designated pursuant to section 101(a)(4)(A)(iii). (e) This section shall not be construed to exempt programs under an approved plan from the performance standards established under section 106. PART B-ADDITIONAL STATE RESPONSIBILITIES GOVERNOR'S COORDINATION AND SPECIAL SERVICES PLAN statement. SEC. 121. (a)(1) The Governor shall annually prepare a statement Annual of goals and objectives for job training and placement programs within the State to assist in the preparation of the plans required under section 104 of this Act and section 8 of the Act of June 6, 1933 (known as the Wagner-Peyser Act). (2) Any State seeking financial assistance under this Act shall submit a Governor's coordination and special services plan for two program years to the Secretary describing the use of all resources provided to the State and its service delivery areas under this Act and evaluating the experience over the preceding two years. (b)(1) The plan shall establish criteria for coordinating activities 29 USC 49g. under this Act (including title III) with programs and services Post, p. 1364. provided by State and local education and training agencies (including vocational education agencies), public assistance agencies, the 96 STAT. 1338 Report to Modification. 42 USC 5552. Post, p. 1364. PUBLIC LAW 97-300-OCT. 13, 1982 employment service, rehabilitation agencies, postsecondary institutions, economic development agencies, and such other agencies as the Governor determines to have a direct interest in employment and training and human resource utilization within the State. Such criteria shall not affect local discretion concerning the selection of eligible participants or service providers in accordance with the provisions of sections 107 and 203. (2) The plan shall describe the projected use of resources, including oversight and support activities, priorities and criteria for State incentive grants, and performance goals for State supported programs. (3) The Governor shall report to the Secretary the adjustments made in the performance standards and the factors that are used in making the adjustments. (4) If major changes occur in labor market conditions, funding, or other factors during the two-year period covered by the plan, the State shall submit a modification to the Secretary describing these changes. (c) Governor's coordination and special services activities may include (1) making available to service delivery areas, with or without reimbursement and upon request, appropriate information and technical assistance to assist in developing and implementing plans and programs; (2) carrying out special model training and employment programs and related services (including programs receiving financial assistance from private sources); (3) providing programs and related services for offenders and other individuals whom the Governor determines require special assistance; (4) providing financial assistance for special programs and services designed to meet the needs of rural areas outside major labor market areas; (5) providing training opportunities in the conservation and efficient use of energy, and the development of solar energy sources as defined in section 3 of the Solar Energy Research, Development and Demonstration Act of 1974; (6) industry-wide training; (7) activities under title III of this Act; (8) developing and providing to service delivery areas information on a State and local area basis regarding economic, industrial, and labor market conditions; (9) providing preservice and inservice training for planning, management, and delivery staffs of administrative entities and private industry councils, as well as contractors for State supported programs; and (10) providing statewide programs which provide for joint funding of activities under this Act with services and activities under other Federal, State, or local employment-related programs. (d) A Governor's coordination and special services plan shall be approved by the Secretary unless the Secretary determines that the plan does not comply with specific provisions of this Act. PUBLIC LAW 97-300-OCT. 13, 1982 STATE JOB TRAINING COORDINATING COUNCIL 96 STAT. 1339 SEC. 122. (a)(1) Any State which desires to receive financial assist- 29 USC 1532. ance under this Act shall establish a State job training coordinating council (hereinafter in this section referred to as the "State council"). Funding for the council shall be provided pursuant to section 202(b)(4). (2) The State council shall be appointed by the Governor, who shall designate one nongovernmental member thereof to be chairperson. In making appointments to the State council, the Governor shall ensure that the membership of the State council reasonably represents the population of the State. (3) The State council shall be composed as follows: (A) One-third of the membership of the State council shall be representatives of business and industry (including agriculture, where appropriate) in the State, including individuals who are representatives of business and industry on private industry councils in the State. (B) Not less than 20 percent of the membership of the State council shall be representatives of the State legislature and State agencies and organizations, such as the State educational agency, the State vocational education board, the State advisory council on vocational education, the State board of education (when not otherwise represented), State public assistance agencies, the State employment security agency, the State rehabilitation agency, the State occupational information coordinating committee, State postsecondary institutions, the State economic development agency, State veterans' affairs agencies or equivalent, and such other agencies as the Governor determines to have a direct interest in employment and training and human resource utilization within the State. (C) Not less than 20 percent of the membership of the State council shall be representatives of the units or consortia of units of general local government in such State (including those which are administrative entities or grantees under this Act) which shall be nominated by the chief executive officers of the units or consortia of units of general local government; and (D) Not less than 20 percent of the membership of the State council shall be representatives of the eligible population and of the general public, representatives of organized labor, representatives of community-based organizations, and representatives of local educational agencies (nominated by local educational agencies). Membership. (4) The State council shall meet at such times and in such places Meetings. as it deems necessary. The meetings shall be publicly announced, and, to the extent appropriate, open and accessible to the general public. (5) The State council is authorized to obtain the services of such professional, technical, and clerical personnel as may be necessary to carry out its functions under this Act. (6) In order to assure objective management and oversight, the State council shall not operate programs or provide services directly to eligible participants, but shall exist solely to plan, coordinate, and monitor the provision of such programs and services. (7) The plans and decisions of the State council shall be subject to Approval. approval by the Governor. 96 STAT. 1340 20 USC 2305 Post, p. 1357. Report. Comments. 20 USC 2305. Transfer of functions. PUBLIC LAW 97-300-OCT. 13, 1982 (8) For purposes of section 105 of the Vocational Education Act of 1963, the State council shall be considered to be the same as either the State Manpower Services Council referred to in that section or the State Employment and Training Council authorized under the Comprehensive Employment and Training Act. (b) The State council shall (1) recommend a Governor's coordination and special services plan; (2) recommend to the Governor substate service delivery areas, plan resource a'locations not subject to section 202(a), provide management guidance and review for all programs in the State, develop appropriate linkages with other programs, coordinate activities with private industry councils, and develop the Governor's coordination and special services plan and recommend variations in performance standards; (3) advise the Governor and local entities on job training plans and certify the consistency of such plans with criteria under the Governor's coordination and special services plan for coordination of activities under this Act with other Federal, State, and local employment-related programs, including programs operated in designated enterprise zones; (4) review the operation of programs conducted in each service delivery area, and the availability, responsiveness, and adequacy of State services, and make recommendations to the Governor, appropriate chief elected officials, and private industry councils, service providers, the State legislature, and the general public with respect to ways to improve the effectiveness of such programs or services; (5) review and comment on the State plan developed for the State employment service agency; (6) make an annual report to the Governor which shall be a public document, and issue such other studies, reports, or documents as it deems advisable to assist service delivery areas in carrying out the purposes of this Act; (7XA) identify, in coordination with the appropriate State agencies, the employment and training and vocational education needs throughout the State, and assess the extent to which employment and training, vocational education, rehabilitation services, public assistance, economic development, and other Federal, State, and local programs and services represent a consistent, integrated, and coordinated approach to meeting such needs; and (B) comment at least once annually on the reports required pursuant to section 105(d)(3) of the Vocational Education Act of 1963; and (8) review plans of all State agencies providing employment, training, and related services, and provide comments and recommendations to the Governor, the State legislature, the State agencies, and the appropriate Federal agencies on the relevancy and effectiveness of employment and training and related service delivery systems in the State. (c) In addition to the functions described in subsection (b), the Governor may, to the extent permitted by applicable law, transfer functions which are related to functions under this Act to the council established under this section from any State coordinating committee for the work incentive program under title IV of the PUBLIC LAW 97-300-OCT. 13, 1982 96 STAT. 1341 Social Security Act or any advisory council established under the 42 USC 601. Wagner-Peyser Act. STATE EDUCATION COORDINATION AND GRANTS SEC. 123. (a) The sums available for this section pursuant to section 202(b)(1) shall be used by the Governor to provide financial assistance to any State education agency responsible for education and training (1) to provide services for eligible participants through cooperative agreements between such State education agency or agencies, administrative entities in service delivery areas in the State, and (where appropriate) local educational agencies; and (2) to facilitate coordination of education and training services for eligible participants through such cooperative agreements. (b) The cooperative agreements described in subsection (a) shall provide for the contribution by the State agency or agencies, and the local educational agency (if any), of a total amount equal to the amount provided, pursuant to subsection (a)(1), in the grant subject to such agreement. Such matching amount shall not be provided from funds available under this Act, but may include the direct cost of employment or training services provided by State or local programs. (c)1) Funds available under this section may be used to provide education and training, including vocational education services, and related services to participants under title II. Such services may include services for offenders and other individuals whom the Governor determines require special assistance. (2)(A) Not more than 20 percent of the funds available under this section may be spent for activities described in clause (2) of subsection (a). (B) At least 80 percent of the funds available under this section shall be used for clause (1) of subsection (a) for the Federal share of the cost of carrying out activities described in clause (1). For the purpose of this subparagraph, the Federal share shall be the amount provided for in the cooperative agreements in subsection (b). (3) Not less than 75 percent of the funds available for activities under clause (1) of subsection (a) shall be expended for activities for economically disadvantaged individuals. (d) If no cooperative agreement is reached on the use of funds under this section, the funds shall be available to the Governor for use in accordance with section 121. TRAINING PROGRAMS FOR OLDER INDIVIDUALS 29 USC 49 note. 29 USC 1533. Funds. Post, p. 1358. SEC. 124. (a) From funds available for use under section 202(b)(2), 29 USC 1534. the Governor is authorized to provide for job training programs which are developed in conjunction with service delivery areas within the State and which are consistent with the plan for the service delivery area prepared and submitted in accordance with the provisions in section 104, and designed to assure the training and placement of older individuals in employment opportunities with private business concerns. (b) In carrying out this section, the Governor shall, after consultation with appropriate private industry councils and chief elected officials, enter into agreements with public agencies, nonprofit private organizations, and private business concerns. |