§ 9271. — State unified plan.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC9271]
TITLE 20--EDUCATION
CHAPTER 73--ADULT EDUCATION AND LITERACY
SUBCHAPTER II--GENERAL PROVISIONS
Sec. 9271. State unified plan
(a) ``Appropriate Secretary'' defined
In this section, the term ``appropriate Secretary'' means the head
of the Federal agency who exercises administrative authority over an
activity or program described in subsection (b) of this section.
(b) State unified plan
(1) In general
A State may develop and submit to the appropriate Secretaries a
State unified plan for 2 or more of the activities or programs set
forth in paragraph (2), except that the State may include in the
plan the activities described in paragraph (2)(A) only with the
prior approval of the legislature of the State. The State unified
plan shall cover one or more of the activities set forth in
subparagraphs (A) through (D) of paragraph (2) and may cover one or
more of the activities set forth in subparagraphs (E) through (O) of
paragraph (2). For purposes of this paragraph, the activities and
programs described in subparagraphs (A) and (B) of paragraph (2)
shall not be considered to be 2 or more activities or programs for
purposes of the unified plan. Such activities or programs shall be
considered to be 1 activity or program.
(2) Activities
The activities and programs referred to in paragraph (1) are as
follows:
(A) Secondary vocational education programs authorized under
the Carl D. Perkins Vocational and Applied Technology Education
Act (20 U.S.C. 2301 et seq.).
(B) Postsecondary vocational education programs authorized
under the Carl D. Perkins Vocational and Applied Technology
Education Act (20 U.S.C. 2301 et seq.).
(C) Activities authorized under title I [29 U.S.C. 2801 et
seq.].
(D) Activities authorized under title II [20 U.S.C. 9201 et
seq.].
(E) Programs authorized under section 6(d) of the Food Stamp
Act of 1977 (7 U.S.C. 2015(d)).
(F) Work programs authorized under section 6(o) of the Food
Stamp Act of 1977 (7 U.S.C. 2015(o)).
(G) Activities authorized under chapter 2 of title II of the
Trade Act of 1974 (19 U.S.C. 2271 et seq.).
(H) Programs authorized under the Wagner-Peyser Act (29
U.S.C. 49 et seq.).
(I) Programs authorized under title I of the Rehabilitation
Act of 1973 (29 U.S.C. 720 et seq.), other than section 112 of
such Act (29 U.S.C. 732).
(J) Activities authorized under chapter 41 of title 38.
(K) Programs authorized under State unemployment
compensation laws (in accordance with applicable Federal law).
(L) Programs authorized under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.).
(M) Programs authorized under title V of the Older Americans
Act of 1965 (42 U.S.C. 3056 et seq.).
(N) Training activities carried out by the Department of
Housing and Urban Development.
(O) Programs authorized under the Community Services Block
Grant Act (42 U.S.C. 9901 et seq.).
(c) Requirements
(1) In general
The portion of a State unified plan covering an activity or
program described in subsection (b) of this section shall be subject
to the requirements, if any, applicable to a plan or application for
assistance under the Federal statute authorizing the activity or
program.
(2) Additional submission not required
A State that submits a State unified plan covering an activity
or program described in subsection (b) of this section that is
approved under subsection (d) of this section shall not be required
to submit any other plan or application in order to receive Federal
funds to carry out the activity or program.
(3) Coordination
A State unified plan shall include--
(A) a description of the methods used for joint planning and
coordination of the programs and activities included in the
unified plan; and
(B) an assurance that the methods included an opportunity
for the entities responsible for planning or administering such
programs and activities to review and comment on all portions of
the unified plan.
(d) Approval by appropriate Secretaries
(1) Jurisdiction
The appropriate Secretary shall have the authority to approve
the portion of the State unified plan relating to the activity or
program over which the appropriate Secretary exercises
administrative authority. On the approval of the appropriate
Secretary, the portion of the plan relating to the activity or
program shall be implemented by the State pursuant to the applicable
portion of the State unified plan.
(2) Approval
(A) In general
A portion of the State unified plan covering an activity or
program described in subsection (b) of this section that is
submitted to the appropriate Secretary under this section shall
be considered to be approved by the appropriate Secretary at the
end of the 90-day period beginning on the day the appropriate
Secretary receives the portion, unless the appropriate Secretary
makes a written determination, during the 90-day period, that
the portion is not consistent with the requirements of the
Federal statute authorizing the activity or program including
the criteria for approval of a plan or application, if any,
under such statute or the plan is not consistent with the
requirements of subsection (c)(3) of this section.
(B) Special rule
In subparagraph (A), the term ``criteria for approval of a
State plan'', relating to activities carried out under title I
[29 U.S.C. 2801 et seq.] or II [20 U.S.C. 9201 et seq.] or under
the Carl D. Perkins Vocational and Applied Technology Education
Act (20 U.S.C. 2301 et seq.), includes a requirement for
agreement between the State and the appropriate Secretary
regarding State performance measures, including levels of
performance.
(Pub. L. 105-220, title V, Sec. 501, Aug. 7, 1998, 112 Stat. 1242; Pub.
L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 401(17)], Oct. 21,
1998, 112 Stat. 2681-337, 2681-412.)
References in Text
The Carl D. Perkins Vocational and Applied Technology Education Act,
referred to in subsecs. (b)(2)(A), (B) and (d)(2)(B), was Pub. L. 88-
210, Dec. 18, 1963, 77 Stat. 403, as amended, which was classified
generally to chapter 44 (Sec. 2301 et seq.) of this title prior to being
amended generally and renamed the Carl D. Perkins Vocational and
Technical Education Act of 1998 by Pub. L. 105-332, Sec. 1(b), Oct. 31,
1998, 112 Stat. 3076. For complete classification of Pub. L. 88-210 to
the Code, see Short Title note set out under section 2301 of this title
and Tables.
Title I, referred to in subsec. (b)(2)(C), is title I of Pub. L.
105-220, Aug. 7, 1998, 112 Stat. 939, which is classified principally to
chapter 30 (Sec. 2801 et seq.) of Title 29, Labor. For complete
classification of title I to the Code, see Tables.
Title II, referred to in subsec. (b)(2)(D), is title II of Pub. L.
105-220, Aug. 7, 1998, 112 Stat. 1059, as amended, known as the Adult
Education and Family Literacy Act, which is classified principally to
subchapter I (Sec. 9201 et seq.) of this chapter. For complete
classification of title II to the Code, see Short Title note set out
under section 9201 of this title and Tables.
The Trade Act of 1974, referred to in subsec. (b)(2)(G), is Pub. L.
93-618, Jan. 3, 1975, 88 Stat. 1978, as amended. Chapter 2 of title II
of the Act is classified generally to part 2 (Sec. 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 Wagner-Peyser Act, referred to in subsec. (b)(2)(H), is act June
6, 1933, ch. 49, 48 Stat. 113, as amended, which is classified generally
to chapter 4B (Sec. 49 et seq.) of Title 29, Labor. For complete
classification of this Act to the Code, see Short Title note set out
under section 49 of Title 29 and Tables.
The Rehabilitation Act of 1973, referred to in subsec. (b)(2)(I), is
Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 357, as amended, Title I of the
Act is classified generally to subchapter I (Sec. 720 et seq.) of
chapter 16 of Title 29, Labor. For complete classification of this Act
to the Code, see Short Title note set out under section 701 of Title 29
and Tables.
The Social Security Act, referred to in subsec. (b)(2)(L), is act
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV of
the Act is classified generally to part A (Sec. 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 Older Americans Act of 1965, referred to in subsec. (b)(2)(M),
is Pub. L. 89-73, July 14, 1965, 79 Stat. 218, as amended. Title V of
the Act, known as the ``Older Americans Community Services Employment
Act'', is classified generally to subchapter IX (Sec. 3056 et seq.) of
chapter 35 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 3001 of Title 42 and Tables.
The Community Services Block Grant Act, referred to in subsec.
(b)(2)(O), is subtitle B (Sec. 671 et seq.) of title VI of Pub. L. 97-
35, Aug. 13, 1981, 95 Stat. 511, as amended, which is classified
generally to chapter 106 (Sec. 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.
Amendments
1998--Subsec. (b)(1). Pub. L. 105-277 inserted at end ``For purposes
of this paragraph, the activities and programs described in
subparagraphs (A) and (B) of paragraph (2) shall not be considered to be
2 or more activities or programs for purposes of the unified plan. Such
activities or programs shall be considered to be 1 activity or
program.''
Section Referred to in Other Sections
This section is referred to in section 2342 of this title.
