§3113 — Title 29 Labor | U.S. Code

Summary

Allow a State to make one combined plan instead of many separate plans. The combined plan can cover the core workforce programs plus one or more other federal programs (for example: career and technical education, programs under part A of title IV of the Social Security Act, certain agriculture work programs, Trade Act services, veterans’ programs, state unemployment programs, Older Americans Act services, HUD and Community Services Block Grant employment and training activities, and certain education programs). The part of the combined plan about core programs must follow the rules that apply to core programs. Each other program’s part must follow the rules that apply to that program. A State can choose to apply section 3112(c)(3) to those parts. Once a combined plan is approved, the State does not have to send separate plans or applications to get federal money for the covered programs. The combined plan must explain how the State will do joint planning and coordination and must say that all responsible agencies had a chance to review and comment. The federal official who normally approves each program must approve that part of the plan. Core program parts cannot be used until all core program approvals are given. If a federal official does not act, the plan part is treated as approved after 90 days (120 days if the approving official is not the Secretary of Labor or of Education), unless the official sends a written finding in that time that the plan is not consistent with the law. Approval of core program and Perkins program parts must include agreement on State performance measures and performance levels.

Title 29, §3113

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(a)(1)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.

(2)The programs and activities referred to in paragraph (1) are as follows:

(A)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.).

(B)Programs authorized under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.).

(C)Programs authorized under section 2015(d)(4) of title 7.

(D)Work programs authorized under section 2015(o) of title 7.

(E)Activities authorized under chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.).

(F)Activities authorized under chapter 41 of title 38.

(G)Programs authorized under State unemployment compensation laws (in accordance with applicable Federal law).

(H)Programs authorized under title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.).

(I)Employment and training activities carried out by the Department of Housing and Urban Development.

(J)Employment and training activities carried out under the Community Services Block Grant Act (42 U.S.C. 9901 et seq.).

(K)Programs authorized under section 60532 11 See References in Text note below. of title 34.

(b)(1)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.

(2)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.

(3)A combined plan shall include—

(A)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

(B)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.

(c)(1)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.

(2)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.

(3)(A)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.

(B)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.

(C)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.

(4)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.

(d)In this section, the term “appropriate Secretary” means—

(1)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

(2)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Carl D. Perkins Career and Technical Education Act of 2006, referred to in subsecs. (a)(2)(A) and (c)(4), is Pub. L. 88–210, Dec. 18, 1963, 77 Stat. 403, as amended generally by Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 683, which is classified generally to chapter 44 (§ 2301 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see

Short Title

note set out under section 2301 of Title 20 and Tables. The Social Security Act, referred to in subsec. (a)(2)(B), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part A of title IV of the Act is classified generally to part A (§ 601 et seq.) of subchapter IV 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 Trade Act of 1974, referred to in subsec. (a)(2)(E), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978. Chapter 2 of title II of the Act is classified generally to part 2 (§ 2271 et seq.) of subchapter II of chapter 12 of Title 19, Customs Duties. For complete classification of this Act to the Code, see section 2101 of Title 19 and Tables. The Older Americans Act of 1965, referred to in subsec. (a)(2)(H), is Pub. L. 89–73, July 14, 1965, 79 Stat. 218, which is classified generally to chapter 35 (§ 3001 et seq.) of Title 42, The Public Health and Welfare. Title V of the Act, known as the Community Service Senior Opportunities Act, is classified generally to subchapter IX (§ 3056 et seq.) of chapter 35 of Title 42. For complete classification of this Act to the Code, see

Short Title

note set out under section 3001 of Title 42 and Tables. The Community Services Block Grant Act, referred to in subsec. (a)(2)(J), is subtitle B (§ 671 et seq.) of title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 511, which is classified generally to chapter 106 (§ 9901 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 9901 of Title 42 and Tables. Section 60532 of title 34, referred to in subsec. (a)(2)(K), was repealed by Pub. L. 115–391, title V, § 504(a), Dec. 21, 2018, 132 Stat. 5233.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the first day of the first full program 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.

§3113 Combined State Plan

Summary

Title 29, §3113

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Short Title

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata