Sec. 212. State plan
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/bill/114/s/3151/is/section-212·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
For a State to be eligible to receive funds under this Act, the State board shall develop and submit to the Secretary a single State plan (referred to in this Act as the State plan ) that has been approved by the Governor of the State and that outlines a 1- to 3-year strategy for the statewide workforce investment system of the State and that meets the requirements of this Act. The State plan shall include— a list of members of the State board; an assurance that the State has met the requirements of subsections (c), (e), and
(f)of section 211; information identifying the local areas designated in the State, the rationale for designating those local areas, and the population of unemployed individuals and of underemployed individuals in each local area; an assurance that any grants and contracts for a covered program providing worker training services and activities (other than supplemental services provided under section 316 or 317) or providers of activities relating to labor exchange or employment statistics system, awarded by the Governor, the State board, and local boards (directly or through one-stop operators) will be awarded on a competitive basis and a description of the State’s rules and criteria for the competitive process; a description of the process used by the State consistent with section 211(f) to provide an opportunity for public comment on and input into development of the plan, before submission of the plan; assurances that the State will establish and require all local boards to comply with, in accordance with section 403, fiscal control and fund accounting procedures in order to ensure the proper disbursement of, and accounting for, Federal funds paid to the State; a description of— the methods and criteria the State will use in allocating funds to local boards under sections 313(e), 333(d), and 373(c); the worker training services and activities that will be carried out with funds received by the State under this Act, and how the State will ensure the State meets the needs of— eligible veterans; unemployed individuals, and underemployed individuals, who are age 16 or older; required participants in an employment and training program under section 6(d)(4)(C) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(d)(4)(C) ), as amended by section 323(a); persons certified by the Secretary under section 223(a) of the Trade Act of 1974 ( 19 U.S.C. 2273(a) ); disadvantaged youth; individuals with disabilities; Indians (including Alaska Natives) and Native Hawaiians; and individuals who are age 55 or older; the requirements and restrictions the State board places on local boards in the State concerning use of funds under this Act; the requirements and restrictions the State board places on other recipients of Federal funds from the State concerning use of funds under this Act; the expected levels of performance for the State on the performance indicators listed in section 402(b); and any performance indicators, in addition to those listed in section 402(b), that the State chooses to apply under section 402(d)(1)(B) and the State's expected levels of performance for those indicators; and how the State will hold local boards and other recipients of Federal funds from the State accountable for their performance on performance indicators; information meeting the requirements of sections 334(b) and 375(a)(2); and information specifying any activity determined to be a conflict of interest for purposes of section 211 or 222. The State board shall submit the State plan to the Secretary for approval. A State plan submitted to the Secretary under this section shall be considered to be approved by the Secretary at the end of the 90-day period beginning on the day the Secretary receives the plan, unless the Secretary makes a written determination, during the 90-day period, that the plan is inconsistent with the provisions of this Act. A State may submit modifications to a State plan in accordance with the requirements of this section and section 211 as necessary during the 1- to 3-year period covered by the plan. The Secretary may issue regulations under this section regarding the timing, format, and submission of the State plan and modifications to the State plan, but may not add any requirements for matters to be included in the State plan, other than the matters specified in subsection (b).
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