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—
(A)the State proposes to allocate or disburse, allocates, or disburses, within the State, funds made available to the State under section
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
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
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 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 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 in accordance with the authorities and requirements applicable to local plans and private industry councils under prior consistent State laws.
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.
This chapter, referred to in subsec. (a), was in the original “this title” meaning title I of Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 939, which enacted this chapter, repealed sections
2314 of this title, section 211 of former Title 40, Appendix, Public Buildings, Property, and Works, sections
11472 of Title
42, The Public Health and Welfare, and sections
42106 of Title
49, Transportation, enacted provisions set out as notes under sections
2940 of this title and section
11421 of Title
42, and repealed provisions set out as notes under sections
2301 of this title and section
1255a of Title
8, Aliens and Nationality. For complete classification of title I to the Code, see Tables.
The Job Training Partnership Act, referred to in subsec. (b)(2), is Pub. L. 97–300, Oct. 13, 1982, 96 Stat. 1322, which was classified generally to chapter 19 (§ 1501 et seq.) of this title, prior to repeal by Pub. L. 105–220, title I, § 199(b)(2), (c)(2)(B),Aug. 7, 1998, 112 Stat. 1059, effective July 1, 2000.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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