29 U.S.C. § 3250 | Workforce flexibility plans

(a)

Plans

A State may submit to the Secretary, and the Secretary may approve, a workforce flexibility plan under which the State is authorized to waive, in accordance with the plan—

(1)

any of the statutory or regulatory requirements applicable under this subchapter to local areas, pursuant to applications for such waivers from the local areas, except for requirements relating to the basic purposes of this subchapter, wage and labor standards, grievance procedures and judicial review, nondiscrimination, eligibility of participants, allocation of funds to local areas, establishment and functions of local areas and local boards, procedures for review and approval of local plans, and worker rights, participation, and protection;

(2)

any of the statutory or regulatory requirements applicable under sections 49g through 49i of this title to the State (excluding requirements relating to the provision of services to unemployment insurance claimants and veterans, and requirements relating to universal access to basic labor exchange services without cost to jobseekers); and

(3)

42 U.S.C. 3001 42 U.S.C. 3056d(b) any of the statutory or regulatory requirements applicable under the Older Americans Act of 1965 ( et seq.) to State agencies on aging with respect to activities carried out using funds allotted under section 506(b) of such Act (), except for requirements relating to the basic purposes of such Act, wage and labor standards, eligibility of participants in the activities, and standards for grant agreements.

(b)

Content of plans

A workforce flexibility plan implemented by a State under subsection (a) shall include descriptions of—

(1)

(A)

the process by which local areas in the State may submit and obtain approval by the State of applications for waivers of requirements applicable under this subchapter; and

(B)

the requirements described in subparagraph (A) that are likely to be waived by the State under the plan;

(2)

the requirements applicable under sections 49g through 49i of this title that are proposed to be waived, if any;

(3)

42 U.S.C. 3001 the requirements applicable under the Older Americans Act of 1965 [ et seq.] that are proposed to be waived, if any;

(4)

the outcomes to be achieved by the waivers described in paragraphs (1) through (3); and

(5)

other measures to be taken to ensure appropriate accountability for Federal funds in connection with the waivers.

(c)

Periods

The Secretary may approve a workforce flexibility plan for a period of not more than 5 years.

(d)

Opportunity for public comments

Prior to submitting a workforce flexibility plan to the Secretary for approval, the State shall provide to all interested parties and to the general public adequate notice of and a reasonable opportunity for comment on the waiver requests proposed to be implemented pursuant to such plan.

Pub. L. 113–128, title I, § 190July 22, 2014128 Stat. 1602(, , .)

Editorial Notes

References in Text

Pub. L. 89–73July 14, 196579 Stat. 218 section 3001 of Title 42The Older Americans Act of 1965, referred to in subsecs. (a)(3) and (b)(3), is , , , which is classified generally to chapter 35 (§ 3001 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 and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

July 22, 2014July 1, 2015section 506 of Pub. L. 113–128 section 3101 of this titleSection effective on the first day of the first full program year after (), see , set out as a note under .

Workforce Flexibility Partnership Demonstration Program

Pub. L. 105–78, title INov. 13, 1997111 Stat. 1469

section 311(e) of Public Law 103–227 20 U.S.C. 5891(e)29 U.S.C. 1511 29 U.S.C. 49g–49i section 311(e) of Public Law 103–227 29 U.S.C. 49“That the Secretary of Labor shall establish a workforce flexibility (work-flex) partnership demonstration program under which the Secretary shall authorize not more than six States, of which at least three States shall each have populations not in excess of 3,500,000, with a preference given to those States that have been designated Ed-Flex Partnership States under [former ], to waive any statutory or regulatory requirement applicable to service delivery areas or substate areas within the State under titles I–III of the Job Training Partnership Act [former et seq., 1601 et seq., 1651 et seq.] (except for requirements relating to wage and labor standards, grievance procedures and judicial review, nondiscrimination, allotment of funds, and eligibility), and any of the statutory or regulatory requirements of sections 8–10 of the Wagner-Peyser Act [] (except for requirements relating to the provision of services to unemployment insurance claimants and veterans, and to universal access to basic labor exchange services without cost to job seekers), for a duration not to exceed the waiver period authorized under , pursuant to a plan submitted by such States and approved by the Secretary for the provision of workforce employment and training activities in the States, which includes a description of the process by which service delivery areas and substate areas may apply for and have waivers approved by the State, the requirements of the Wagner-Peyser Act [ et seq.] to be waived, the outcomes to be achieved and other measures to be taken to ensure appropriate accountability for Federal funds.”

, , , provided in part:

Aug. 7, 1998Pub. L. 105–220Aug. 7, 1998112 Stat. 936July 1, 2000section 2940(b) of this title Pub. L. 113–128, title VJuly 22, 2014128 Stat. 1703July 1, 2015section 3361(a) of this title Pub. L. 113–128July 22, 2014128 Stat. 1425 section 3101 of this title[References to a provision of the Job Training Partnership Act, effective , are deemed to refer to that provision or the corresponding provision of the Workforce Investment Act of 1998, , , , and effective , are deemed to refer to the corresponding provision of the Workforce Investment Act of 1998, see former . The Workforce Investment Act of 1998 was repealed by , §§ 506, 511(a), , , 1705, effective . Pursuant to , references to a provision of the Workforce Investment Act of 1998 are deemed to refer to the corresponding provision of the Workforce Innovation and Opportunity Act, , , . For complete classification of the Job Training Partnership Act and the Workforce Investment Act of 1998 to the Code, see Tables. For complete classification of the Workforce Innovation and Opportunity Act to the Code, see Short Title note set out under and Tables.]

Similar provisions were contained in the following prior appropriations act:

Pub. L. 104–208, div. A, title I, § 101(e) [title I]Sept. 30, 1996110 Stat. 3009–233, , , 3009–234.