Page:United States Statutes at Large Volume 95.djvu/877

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 851

tion of the work-related objectives of this Act, and to receive payments under the provisions of this section. "(b)(1) Not later than sixty days following the date of the enactment of this section, the Governor of a State which desires to operate a work incentive demonstration program under this section shall submit to the Secretary of Health and Human Services a letter of application stating such intent. Acompanying the letter of applica- State program plan. tion shall be a State program plan which must— "(A) provide that the agency conducting the demonstration program within the State shall be the single State agency which administers or supervises the administration of the State plan under part A of this title; "(B) provide that all persons eligible for or receiving assistance under the aid to families with dependent children program shall be eligible to participate in, and shall be required to participate in, the work incentive demonstration program, subject to the same criteria for participation in such demonstration program as are in effect under this part and part A during the month before 42 USC 601. the month in which the demonstration program commences; "(C) provide that the criteria for participation in the work incentive demonstration program shall be uniform throughout the State; "(D) provide a statement of the objectives which the State expects to meet through operation of a work incentive demonstration program, with emphasis on how the State expects to maximize client placement in nonsubsidized private sector employment; ' (E) describe the techniques to be used to achieve the objectives of the work incentive demonstration program, which may include but shall not be limited to: maximum periods of participation, job training, job find clubs, grant diversion to either public or private sector employers, services contracts with State employment services, prime sponsors under the Comprehensive Employment and Training Act of 1973, or private placement 29 USC 801 note, agencies, targeted jobs tax credit outreach campaigns, and performance-based placement incentives; and "(F) set forth the format and frequency of reporting of information regarding operation of the work incentive demonstration program. "(2) A State's application to participate in the work incentive Disapproval demonstration program shall be deemed approved unless the Secre- notification. tary of Health and Human Services notifies the State in writing of disapproval within forty-five days of the date of application. The Secretary of Health and Human Services shall set forth the reasons for disapproval and provide an opportunity for resubmission of the plan within forty-five days of the receipt of the notice of disapproval. An application shall not be finally disapproved unless the Secretary of Health and Human Services determines that the State's program plan would be less effective than the requirements set forth in this title, other than this section. "(3) The Secretary of Health and Human Services shall furnish Copies to Labor copies of approved plans, statistical reports, and evaluation reports to Secretary. the Secretary of Labor. "(c) Subject to the statement of objectives and description of techniques to be used in implementing its work incentive demonstration program, as set forth in its program plan, a State shall be free to design a program which best addresses its individual needs, makes best use of its available resources, and recognizes its labor market

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