§ 3113. Combined State plan

1,453 words·~7 min read·/usc/title-29/section-3113

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(a)In general

(1)Authority to submit plan 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)Programs 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 1 of title 34.

(b)Requirements

(1)In general 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)Additional submission not required 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)Coordination 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)Approval by the appropriate Secretaries

(1)Jurisdiction 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)Approval of core programs 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)Timing of approval

(A)In general 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)Plan approved by 3 or more appropriate Secretaries 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)Disapproval 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)Special rule 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)Appropriate Secretary 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.

(Pub. L. 113–128, title I, § 103, July 22, 2014, 128 Stat. 1450.)

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