--- kind: "section" citation: "29 U.S.C. § 3253" title: "29" title_heading: "Labor" number: "3253" heading: "Continuation of State activities and policies" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/29/3253" units: - "Chapter 32 — Workforce Innovation and Opportunity" - "Subchapter I — Workforce Development Activities" - "Part E — Administration" --- # §3253. Continuation of State activities and policies - (a) **In general—** Notwithstanding any other provision of this subchapter, the Secretary may not deny approval of a [State plan](/usc/29/3102.md?p=58) for a covered [State](/usc/29/3102.md?p=56), or an application of a covered [State](/usc/29/3102.md?p=56) for financial assistance, under this subchapter, or find a covered [State](/usc/29/3102.md?p=56) (including a [State board](/usc/29/3102.md?p=57) or [Governor](/usc/29/3102.md?p=22)), or a [local area](/usc/29/3102.md?p=32) (including a [local board](/usc/29/3102.md?p=33) or [chief elected official](/usc/29/3102.md?p=9)) in a covered [State](/usc/29/3102.md?p=56), in violation of a provision of this subchapter, on the basis that— - (1) - (A) the [State](/usc/29/3102.md?p=56) proposes to allocate or disburse, allocates, or disburses, within the [State](/usc/29/3102.md?p=56), funds made available to the [State](/usc/29/3102.md?p=56) under section [3162](/usc/29/3162.md) or [3172](/usc/29/3172.md) 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](/usc/29/3102.md?p=56) under prior consistent [State](/usc/29/3102.md?p=56) laws; or - (B) a [local board](/usc/29/3102.md?p=33) in the [State](/usc/29/3102.md?p=56) proposes to disburse, or disburses, within the [local area](/usc/29/3102.md?p=32), funds made available to the [State](/usc/29/3102.md?p=56) under section [3162](/usc/29/3162.md) or [3172](/usc/29/3172.md) of this title in accordance with a disbursal procedure or process used by a private industry council under prior consistent [State](/usc/29/3102.md?p=56) law; - (2) the [State](/usc/29/3102.md?p=56) proposes to carry out or carries out a [State](/usc/29/3102.md?p=56) procedure through which [local areas](/usc/29/3102.md?p=32) use, as fiscal agents for funds made available to the [State](/usc/29/3102.md?p=56) under section [3162](/usc/29/3162.md) or [3172](/usc/29/3172.md) of this title and allocated within the [State](/usc/29/3102.md?p=56), fiscal agents selected in accordance with a process established under prior consistent [State](/usc/29/3102.md?p=56) laws; - (3) the [State](/usc/29/3102.md?p=56) proposes to carry out or carries out a [State](/usc/29/3102.md?p=56) procedure through which the [local boards](/usc/29/3102.md?p=33) in the [State](/usc/29/3102.md?p=56) (or the [local boards](/usc/29/3102.md?p=33), the [chief elected officials](/usc/29/3102.md?p=9) in the [State](/usc/29/3102.md?p=56), and the [Governor](/usc/29/3102.md?p=22)) designate or select the [one-stop partners](/usc/29/3102.md?p=42) and [one-stop operators](/usc/29/3102.md?p=41) of the statewide system in the [State](/usc/29/3102.md?p=56) under prior consistent [State](/usc/29/3102.md?p=56) laws, in lieu of making the designation or certification described in [section 3151 of this title](/usc/29/3151.md) (regardless of the date the one-stop delivery systems involved have been established); - (4) the [State](/usc/29/3102.md?p=56) proposes to carry out or carries out a [State](/usc/29/3102.md?p=56) procedure through which the persons responsible for selecting eligible providers for purposes of part B are permitted to determine that a provider shall not be selected to provide both intake services under [section 3174(c)(2) of this title](/usc/29/3174.md?p=c-2) and [training services](/usc/29/3102.md?p=60) under [section 3174(c)(3) of this title](/usc/29/3174.md?p=c-3), under prior consistent [State](/usc/29/3102.md?p=56) laws; - (5) the [State](/usc/29/3102.md?p=56) proposes to designate or designates a [State board](/usc/29/3102.md?p=57), or proposes to assign or assigns functions and roles of the [State board](/usc/29/3102.md?p=57) (including determining the time periods for development and submission of a [State plan](/usc/29/3102.md?p=58) required under section [3112](/usc/29/3112.md) or [3113](/usc/29/3113.md) of this title), for purposes of part A in accordance with prior consistent [State](/usc/29/3102.md?p=56) laws; or - (6) a [local board](/usc/29/3102.md?p=33) in the [State](/usc/29/3102.md?p=56) proposes to use or carry out, uses, or carries out a [local plan](/usc/29/3102.md?p=35) (including assigning functions and roles of the [local board](/usc/29/3102.md?p=33)) for purposes of part A in accordance with the authorities and requirements applicable to [local plans](/usc/29/3102.md?p=35) and private industry councils under prior consistent [State](/usc/29/3102.md?p=56) laws. - (b) **Definition—** In this section: - (1) **Covered State—** The term “covered [State](/usc/29/3102.md?p=56)” means a [State](/usc/29/3102.md?p=56) that enacted [State](/usc/29/3102.md?p=56) laws described in [paragraph (2)](#b-2). - (2) **Prior consistent State laws—** The term “prior consistent [State](/usc/29/3102.md?p=56) laws” means [State](/usc/29/3102.md?p=56) 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. ## Source credit (Pub. L. 113–128, title I, § 193, July 22, 2014, 128 Stat. 1604.) ## Notes ### Editorial Notes ### References in Text 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 and was repealed by Pub. L. 105–220, title I, § 199(b)(2), (c)(2)(B), Aug. 7, 1998, 112 Stat. 1059, effective July 1, 2000. Pursuant to former section 2940(b) of this title, references to a provision of the Job Training Partnership Act, effective Aug. 7, 1998, were deemed to refer to that provision or the corresponding provision of the Workforce Investment Act of 1998, Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936, and, effective July 1, 2000, were deemed to refer to the corresponding provision of the Workforce Investment Act of 1998. The Workforce Investment Act of 1998 was repealed by Pub. L. 113–128, title V, §§ 506, 511(a), July 22, 2014, 128 Stat. 1703, 1705, effective July 1, 2015. For complete classification of the Job Training Partnership Act and the Workforce Investment Act of 1998 to the Code, see Tables. ### Statutory Notes and Related Subsidiaries ### Effective Date Section effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title.