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SEC. 194. CONTINUATION OF STATE ACTIVITIES AND POLICIES.
(a) In General.--Notwithstanding any other provision of this title,
the Secretary may not deny approval of a State plan for a covered
State, or an application of a covered State for financial assistance,
under this title or find a covered State (including a State board or
Governor), or a local area (including a local board or chief elected
official) in a covered State, in violation of a provision of this
title, on the basis that--
(1)(A) the State proposes to allocate or disburse, allocates,
or disburses, within the State, funds made available to the State
under section 127 or 132 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 under prior
consistent State laws; or
(B) a local board in the State proposes to disburse, or
disburses, within the local area, funds made available to a State
under section 127 or 132 in accordance with a disbursal procedure
or process used by a private industry council under prior
consistent State law;
(2) the State proposes to carry out or carries out a State
procedure through which local areas use, as fiscal agents for funds
made available to the State under section 127 or 132 and allocated
within the State, fiscal agents selected in accordance with a
process established under prior consistent State laws;
(3) the State proposes to carry out or carries out a State
procedure through which the local board in the State (or the local
boards, the chief elected officials in the State, and the Governor)
designate or select the one-stop partners and one-stop operators of
the statewide system in the State under prior consistent State
laws, in lieu of making the designation, or certification described
in section 121 (regardless of the date the one-stop delivery
systems involved have been established);
(4) the State proposes to carry out or carries out a State
procedure through which the persons responsible for selecting
eligible providers for purposes of subtitle B are permitted to
determine that a provider shall not be selected to provide both
intake services under section 134(d)(2) and training services under
section 134(d)(4), under prior consistent State laws;
(5) the State proposes to designate or designates a State
board, or proposes to assign or assigns functions and roles of the
State board (including determining the time periods for development
and submission of a State plan required under section 112), for
purposes of subtitle B in accordance with prior consistent State
laws; or
(6) a local board in the State proposes to use or carry out,
uses, or carries out a local plan (including assigning functions
and roles of the local board) for purposes of subtitle B in
accordance with the authorities and requirements applicable to
local plans and private industry councils under prior consistent
State laws.
(b) Definition.--In this section:
(1) Covered state.--The term ``covered State'' means a State
that enacted State laws described in paragraph (2).
(2) Prior consistent state laws.--The term ``prior consistent
State laws'' means State 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.
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