-CITE-

29 USC Sec. 2886 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER III - JOB CORPS

-HEAD-

Sec. 2886. Enrollment

-STATUTE-

(a) Relationship between enrollment and military obligations

Enrollment in the Job Corps shall not relieve any individual of

obligations under the Military Selective Service Act (50 U.S.C.

App. 451 et seq.).

(b) Period of enrollment

No individual may be enrolled in the Job Corps for more than 2

years, except -

(1) in a case in which completion of an advanced career

training program under section 2888(c) of this title would

require an individual to participate in the Job Corps for not

more than one additional year; or

(2) as the Secretary may authorize in a special case.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 146, Aug. 7, 1998, 112 Stat. 1010.)

-REFTEXT-

REFERENCES IN TEXT

The Military Selective Service Act, referred to in subsec. (a),

is act June 24, 1948, ch. 625, 62 Stat. 604, as amended, which is

classified principally to section 451 et seq. of Title 50,

Appendix, War and National Defense. For complete classification of

this Act to the Code, see References in Text note set out under

section 451 of Title 50, Appendix, and Tables.

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 1696

of this title prior to repeal by Pub. L. 105-220.

-End-

-CITE-

29 USC Sec. 2887 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER III - JOB CORPS

-HEAD-

Sec. 2887. Job Corps centers

-STATUTE-

(a) Operators and service providers

(1) Eligible entities

(A) Operators

The Secretary shall enter into an agreement with a Federal,

State, or local agency, an area vocational education school or

residential vocational school, or a private organization, for

the operation of each Job Corps center.

(B) Providers

The Secretary may enter into an agreement with a local entity

to provide activities described in this subchapter to the Job

Corps center.

(2) Selection process

(A) Competitive basis

Except as provided in subsections (c) and (d) of section 253

of title 41, the Secretary shall select on a competitive basis

an entity to operate a Job Corps center and entities to provide

activities described in this subchapter to the Job Corps

center. In developing a solicitation for an operator or service

provider, the Secretary shall consult with the Governor of the

State in which the center is located, the industry council for

the Job Corps center (if established), and the applicable local

board regarding the contents of such solicitation, including

elements that will promote the consistency of the activities

carried out through the center with the objectives set forth in

the State plan or in a local plan.

(B) Recommendations and considerations

(i) Operators

In selecting an entity to operate a Job Corps center, the

Secretary shall consider -

(I) the ability of the entity to coordinate the

activities carried out through the Job Corps center with

activities carried out under the appropriate State plan and

local plans;

(II) the degree to which the vocational training that the

entity proposes for the center reflects local employment

opportunities in the local areas in which enrollees at the

center intend to seek employment;

(III) the degree to which the entity is familiar with the

surrounding communities, applicable one-stop centers, and

the State and region in which the center is located; and

(IV) the past performance of the entity, if any, relating

to operating or providing activities described in this

subchapter to a Job Corps center.

(ii) Providers

In selecting a service provider for a Job Corps center, the

Secretary shall consider the factors described in subclauses

(I) through (IV) of clause (i), as appropriate.

(b) Character and activities

Job Corps centers may be residential or nonresidential in

character, and shall be designed and operated so as to provide

enrollees, in a well-supervised setting, with access to activities

described in this subchapter. In any year, no more than 20 percent

of the individuals enrolled in the Job Corps may be nonresidential

participants in the Job Corps.

(c) Civilian Conservation Centers

(1) In general

The Job Corps centers may include Civilian Conservation Centers

operated under agreements with the Secretary of Agriculture or

the Secretary of the Interior, located primarily in rural areas,

which shall provide, in addition to other vocational training and

assistance, programs of work experience to conserve, develop, or

manage public natural resources or public recreational areas or

to develop community projects in the public interest.

(2) Selection process

The Secretary may select an entity to operate a Civilian

Conservation Center on a competitive basis, as provided in

subsection (a) of this section, if the center fails to meet such

national performance standards as the Secretary shall establish.

(d) Indian tribes

(1) General authority

The Secretary may enter into agreements with Indian tribes to

operate Job Corps centers for Indians.

(2) Definitions

In this subsection, the terms "Indian" and "Indian tribe", have

the meanings given such terms in subsections (d) and (e),

respectively, of section 450b of title 25.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 147, Aug. 7, 1998, 112 Stat. 1010.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 1697

of this title prior to repeal by Pub. L. 105-220.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2882, 2898 of this title.

-End-

-CITE-

29 USC Sec. 2888 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER III - JOB CORPS

-HEAD-

Sec. 2888. Program activities

-STATUTE-

(a) Activities provided by Job Corps centers

(1) In general

Each Job Corps center shall provide enrollees with an

intensive, well organized, and fully supervised program of

education, vocational training, work experience, recreational

activities, physical rehabilitation and development, and

counseling. Each Job Corps center shall provide enrollees

assigned to the center with access to core services described in

section 2864(d)(2) of this title and the intensive services

described in section 2864(d)(3) of this title.

(2) Relationship to opportunities

(A) In general

The activities provided under this subsection shall provide

work-based learning throughout the enrollment of the enrollees

and assist the enrollees in obtaining meaningful unsubsidized

employment, participating in secondary education or

postsecondary education programs, enrolling in other suitable

vocational training programs, or satisfying Armed Forces

requirements, on completion of their enrollment.

(B) Link to employment opportunities

The vocational training provided shall be linked to the

employment opportunities in the local area in which the

enrollee intends to seek employment after graduation.

(b) Education and vocational training

The Secretary may arrange for education and vocational training

of enrollees through local public or private educational agencies,

vocational educational institutions, or technical institutes,

whenever such entities provide education and training substantially

equivalent in cost and quality to that which the Secretary could

provide through other means.

(c) Advanced career training programs

(1) In general

The Secretary may arrange for programs of advanced career

training for selected enrollees in which the enrollees may

continue to participate for a period of not to exceed 1 year in

addition to the period of participation to which the enrollees

would otherwise be limited. The advanced career training may be

provided through the eligible providers of training services

identified under section 2842 of this title.

(2) Benefits

(A) In general

During the period of participation in an advanced career

training program, an enrollee shall be eligible for full Job

Corps benefits, or a monthly stipend equal to the average value

of the residential support, food, allowances, and other

benefits provided to enrollees assigned to residential Job

Corps centers.

(B) Calculation

The total amount for which an enrollee shall be eligible

under subparagraph (A) shall be reduced by the amount of any

scholarship or other educational grant assistance received by

such enrollee for advanced career training.

(3) Demonstration

Each year, any operator seeking to enroll additional enrollees

in an advanced career training program shall demonstrate that

participants in such program have achieved a satisfactory rate of

completion and placement in training-related jobs before the

operator may carry out such additional enrollment.

(d) Continued services

The Secretary shall also provide continued services to graduates,

including providing counseling regarding the workplace for 12

months after the date of graduation of the graduates. In selecting

a provider for such services, the Secretary shall give priority to

one-stop partners.

(e) Child care

The Secretary shall, to the extent practicable, provide child

care at or near Job Corps centers, for individuals who require

child care for their children in order to participate in the Job

Corps.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 148, Aug. 7, 1998, 112 Stat. 1011.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 1698

of this title prior to repeal by Pub. L. 105-220.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2886 of this title.

-End-

-CITE-

29 USC Sec. 2889 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER III - JOB CORPS

-HEAD-

Sec. 2889. Counseling and job placement

-STATUTE-

(a) Counseling and testing

The Secretary shall arrange for counseling and testing for each

enrollee at regular intervals to measure progress in the education

and vocational training programs carried out through the Job Corps.

(b) Placement

The Secretary shall arrange for counseling and testing for

enrollees prior to their scheduled graduations to determine their

capabilities and, based on their capabilities, shall make every

effort to arrange to place the enrollees in jobs in the vocations

for which the enrollees are trained or to assist the enrollees in

obtaining further activities described in this subchapter. In

arranging for the placement of graduates in jobs, the Secretary

shall utilize the one-stop delivery system to the fullest extent

possible.

(c) Status and progress

The Secretary shall determine the status and progress of

enrollees scheduled for graduation and make every effort to assure

that their needs for further activities described in this

subchapter are met.

(d) Services to former enrollees

The Secretary may provide such services as the Secretary

determines to be appropriate under this subchapter to former

enrollees.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 149, Aug. 7, 1998, 112 Stat. 1012.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 1702

of this title prior to repeal by Pub. L. 105-220.

-End-

-CITE-

29 USC Sec. 2890 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER III - JOB CORPS

-HEAD-

Sec. 2890. Support

-STATUTE-

(a) Personal allowances

The Secretary may provide enrollees assigned to Job Corps centers

with such personal allowances as the Secretary may determine to be

necessary or appropriate to meet the needs of the enrollees.

(b) Readjustment allowances

(1) Graduates

The Secretary shall arrange for a readjustment allowance to be

paid to graduates. The Secretary shall arrange for the allowance

to be paid at the one-stop center nearest to the home of the

graduate who is returning home, or at the one-stop center nearest

to the location where the graduate has indicated an intent to

seek employment. If the Secretary uses any organization, in lieu

of a one-stop center, to provide placement services under this

Act, the Secretary shall arrange for that organization to pay the

readjustment allowance.

(2) Former enrollees

The Secretary may provide for a readjustment allowance to be

paid to former enrollees. The provision of the readjustment

allowance shall be subject to the same requirements as are

applicable to the provision of the readjustment allowance paid to

graduates under paragraph (1).

-SOURCE-

(Pub. L. 105-220, title I, Sec. 150, Aug. 7, 1998, 112 Stat. 1013.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (b)(1), is Pub. L. 105-220, Aug.

7, 1998, 112 Stat. 936, as amended, known as the Workforce

Investment Act of 1998. For complete classification of this Act to

the Code, see Short Title note set out under section 9201 of Title

20, Education, and Tables.

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in sections

1699 and 1702 of this title prior to repeal by Pub. L. 105-220.

-End-

-CITE-

29 USC Sec. 2891 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER III - JOB CORPS

-HEAD-

Sec. 2891. Operating plan

-STATUTE-

(a) In general

The provisions of the contract between the Secretary and an

entity selected to operate a Job Corps center shall, at a minimum,

serve as an operating plan for the Job Corps center.

(b) Additional information

The Secretary may require the operator, in order to remain

eligible to operate the Job Corps center, to submit such additional

information as the Secretary may require, which shall be considered

part of the operating plan.

(c) Availability

The Secretary shall make the operating plan described in

subsections (a) and (b) of this section, excluding any proprietary

information, available to the public.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 151, Aug. 7, 1998, 112 Stat. 1013.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2939 of this title.

-End-

-CITE-

29 USC Sec. 2892 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER III - JOB CORPS

-HEAD-

Sec. 2892. Standards of conduct

-STATUTE-

(a) Provision and enforcement

The Secretary shall provide, and directors of Job Corps centers

shall stringently enforce, standards of conduct within the centers.

Such standards of conduct shall include provisions forbidding the

actions described in subsection (b)(2)(A) of this section.

(b) Disciplinary measures

(1) In general

To promote the proper moral and disciplinary conditions in the

Job Corps, the directors of Job Corps centers shall take

appropriate disciplinary measures against enrollees. If such a

director determines that an enrollee has committed a violation of

the standards of conduct, the director shall dismiss the enrollee

from the Job Corps if the director determines that the retention

of the enrollee in the Job Corps will jeopardize the enforcement

of such standards or diminish the opportunities of other

enrollees.

(2) Zero tolerance policy and drug testing

(A) Guidelines

The Secretary shall adopt guidelines establishing a zero

tolerance policy for an act of violence, for use, sale, or

possession of a controlled substance, for abuse of alcohol, or

for other illegal or disruptive activity.

(B) Drug testing

The Secretary shall require drug testing of all enrollees for

controlled substances in accordance with procedures prescribed

by the Secretary under section 2885(a) of this title.

(C) Definitions

In this paragraph:

(i) Controlled substance

The term "controlled substance" has the meaning given the

term in section 802 of title 21.

(ii) Zero tolerance policy

The term "zero tolerance policy" means a policy under which

an enrollee shall be automatically dismissed from the Job

Corps after a determination by the director that the enrollee

has carried out an action described in subparagraph (A).

(c) Appeal

A disciplinary measure taken by a director under this section

shall be subject to expeditious appeal in accordance with

procedures established by the Secretary.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 152, Aug. 7, 1998, 112 Stat. 1013.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 1700

of this title prior to repeal by Pub. L. 105-220.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2899 of this title.

-End-

-CITE-

29 USC Sec. 2893 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER III - JOB CORPS

-HEAD-

Sec. 2893. Community participation

-STATUTE-

(a) Business and Community Liaison

Each Job Corps center shall have a Business and Community Liaison

(referred to in this Act as a "Liaison"), designated by the

director of the center.

(b) Responsibilities

The responsibilities of the Liaison shall include -

(1) establishing and developing relationships and networks with

-

(A) local and distant employers; and

(B) applicable one-stop centers and applicable local boards,

for the purpose of providing job opportunities for Job Corps

graduates; and

(2) establishing and developing relationships with members of

the community in which the Job Corps center is located, informing

members of the community about the projects of the Job Corps

center and changes in the rules, procedures, or activities of the

center that may affect the community, and planning events of

mutual interest to the community and the Job Corps center.

(c) New centers

The Liaison for a Job Corps center that is not yet operating

shall establish and develop the relationships and networks

described in subsection (b) of this section at least 3 months prior

to the date on which the center accepts the first enrollee at the

center.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 153, Aug. 7, 1998, 112 Stat. 1014.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a), is Pub. L. 105-220, Aug. 7,

1998, 112 Stat. 936, as amended, known as the Workforce Investment

Act of 1998. For complete classification of this Act to the Code,

see Short Title note set out under section 9201 of Title 20,

Education, and Tables.

-End-

-CITE-

29 USC Sec. 2894 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER III - JOB CORPS

-HEAD-

Sec. 2894. Industry councils

-STATUTE-

(a) In general

Each Job Corps center shall have an industry council, appointed

by the director of the center after consultation with the Liaison,

in accordance with procedures established by the Secretary.

(b) Industry council composition

(1) In general

An industry council shall be comprised of -

(A) a majority of members who shall be local and distant

owners of business concerns, chief executives or chief

operating officers of nongovernmental employers, or other

private sector employers, who -

(i) have substantial management, hiring, or policy

responsibility; and

(ii) represent businesses with employment opportunities

that reflect the employment opportunities of the applicable

local area;

(B) representatives of labor organizations (where present)

and representatives of employees; and

(C) enrollees and graduates of the Job Corps.

(2) Local board

The industry council may include members of the applicable

local boards who meet the requirements described in paragraph

(1).

(c) Responsibilities

The responsibilities of the industry council shall be -

(1) to work closely with all applicable local boards in order

to determine, and recommend to the Secretary, appropriate

vocational training for the center;

(2) to review all the relevant labor market information to -

(A) determine the employment opportunities in the local areas

in which the enrollees intend to seek employment after

graduation;

(B) determine the skills and education that are necessary to

obtain the employment opportunities; and

(C) recommend to the Secretary the type of vocational

training that should be implemented at the center to enable the

enrollees to obtain the employment opportunities; and

(3) to meet at least once every 6 months to reevaluate the

labor market information, and other relevant information, to

determine, and recommend to the Secretary, any necessary changes

in the vocational training provided at the center.

(d) New centers

The industry council for a Job Corps center that is not yet

operating shall carry out the responsibilities described in

subsection (c) of this section at least 3 months prior to the date

on which the center accepts the first enrollee at the center.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 154, Aug. 7, 1998, 112 Stat. 1015.)

-End-

-CITE-

29 USC Sec. 2895 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER III - JOB CORPS

-HEAD-

Sec. 2895. Advisory committees

-STATUTE-

The Secretary may establish and use advisory committees in

connection with the operation of the Job Corps program, and the

operation of Job Corps centers, whenever the Secretary determines

that the availability of outside advice and counsel on a regular

basis would be of substantial benefit in identifying and overcoming

problems, in planning program or center development, or in

strengthening relationships between the Job Corps and agencies,

institutions, or groups engaged in related activities.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 155, Aug. 7, 1998, 112 Stat. 1015.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 1704

of this title prior to repeal by Pub. L. 105-220.

-End-

-CITE-

29 USC Sec. 2896 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER III - JOB CORPS

-HEAD-

Sec. 2896. Experimental, research, and demonstration projects

-STATUTE-

The Secretary may carry out experimental, research, or

demonstration projects relating to carrying out the Job Corps

program and may waive any provisions of this subchapter that the

Secretary finds would prevent the Secretary from carrying out the

projects.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 156, Aug. 7, 1998, 112 Stat. 1016.)

-End-

-CITE-

29 USC Sec. 2897 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER III - JOB CORPS

-HEAD-

Sec. 2897. Application of provisions of Federal law

-STATUTE-

(a) Enrollees not considered to be Federal employees

(1) In general

Except as otherwise provided in this subsection and in section

8143(a) of title 5, enrollees shall not be considered to be

Federal employees and shall not be subject to the provisions of

law relating to Federal employment, including such provisions

regarding hours of work, rates of compensation, leave,

unemployment compensation, and Federal employee benefits.

(2) Provisions relating to taxes and social security benefits

For purposes of title 26 and title II of the Social Security

Act (42 U.S.C. 401 et seq.), enrollees shall be deemed to be

employees of the United States and any service performed by an

individual as an enrollee shall be deemed to be performed in the

employ of the United States.

(3) Provisions relating to compensation to Federal employees for

work injuries

For purposes of subchapter I of chapter 81 of title 5 (relating

to compensation to Federal employees for work injuries),

enrollees shall be deemed to be civil employees of the Government

of the United States within the meaning of the term "employee" as

defined in section 8101 of title 5, and the provisions of such

subchapter shall apply as specified in section 8143(a) of title

5.

(4) Federal tort claims provisions

For purposes of the Federal tort claims provisions in title 28,

enrollees shall be considered to be employees of the Government.

(b) Adjustments and settlements

Whenever the Secretary finds a claim for damages to a person or

property resulting from the operation of the Job Corps to be a

proper charge against the United States, and the claim is not

cognizable under section 2672 of title 28, the Secretary may adjust

and settle the claim in an amount not exceeding $1,500.

(c) Personnel of the uniformed services

Personnel of the uniformed services who are detailed or assigned

to duty in the performance of agreements made by the Secretary for

the support of the Job Corps shall not be counted in computing

strength under any law limiting the strength of such services or in

computing the percentage authorized by law for any grade in such

services.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 157, Aug. 7, 1998, 112 Stat. 1016.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (a)(2), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the

Act is classified generally to subchapter II (Sec. 401 et seq.) 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 Federal tort claim provisions in title 28, referred to in

subsec. (a)(4), are the provisions of the Federal Tort Claims Act,

which is classified generally to section 1346(b) and chapter 171

(Sec. 2671 et seq.) of Title 28, Judiciary and Judicial Procedure.

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 1706

of this title prior to repeal by Pub. L. 105-220.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2900 of this title.

-End-

-CITE-

29 USC Sec. 2898 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER III - JOB CORPS

-HEAD-

Sec. 2898. Special provisions

-STATUTE-

(a) Enrollment

The Secretary shall ensure that women and men have an equal

opportunity to participate in the Job Corps program, consistent

with section 2885 of this title.

(b) Studies, evaluations, proposals, and data

The Secretary shall assure that all studies, evaluations,

proposals, and data produced or developed with Federal funds in the

course of carrying out the Job Corps program shall become the

property of the United States.

(c) Transfer of property

(1) In general

Notwithstanding title II of the Federal Property and

Administrative Services Act of 1949 (!1) and any other provision

of law, the Secretary and the Secretary of Education shall

receive priority by the Secretary of Defense for the direct

transfer, on a nonreimbursable basis, of the property described

in paragraph (2) for use in carrying out programs under this Act

or under any other Act.

(2) Property

The property described in this paragraph is real and personal

property under the control of the Department of Defense that is

not used by such Department, including property that the

Secretary of Defense determines is in excess of current and

projected requirements of such Department.

(d) Gross receipts

Transactions conducted by a private for-profit or nonprofit

entity that is an operator or service provider for a Job Corps

center shall not be considered to be generating gross receipts.

Such an operator or service provider shall not be liable, directly

or indirectly, to any State or subdivision of a State (nor to any

person acting on behalf of such a State or subdivision) for any

gross receipts taxes, business privilege taxes measured by gross

receipts, or any similar taxes imposed on, or measured by, gross

receipts in connection with any payments made to or by such entity

for operating or providing services to a Job Corps center. Such an

operator or service provider shall not be liable to any State or

subdivision of a State to collect or pay any sales, excise, use, or

similar tax imposed on the sale to or use by such operator or

service provider of any property, service, or other item in

connection with the operation of or provision of services to a Job

Corps center.

(e) Management fee

The Secretary shall provide each operator and (in an appropriate

case, as determined by the Secretary) service provider with an

equitable and negotiated management fee of not less than 1 percent

of the amount of the funding provided under the appropriate

agreement specified in section 2887 of this title.

(f) Donations

The Secretary may accept on behalf of the Job Corps or individual

Job Corps centers charitable donations of cash or other assistance,

including equipment and materials, if such donations are available

for appropriate use for the purposes set forth in this subchapter.

(g) Sale of property

Notwithstanding any other provision of law, if the Administrator

of General Services sells a Job Corps center facility, the

Administrator shall transfer the proceeds from the sale to the

Secretary, who shall use the proceeds to carry out the Job Corps

program.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 158, Aug. 7, 1998, 112 Stat. 1016.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949,

referred to in subsec. (c)(1), is act June 30, 1949, ch. 288, 63

Stat. 377, as amended. Title II of the Act, which was classified

principally to subchapter II (Secs. 481, 483, 484, 485, 486, 487 to

490, 491, 492) of chapter 10 and section 758 of former Title 40,

Public Buildings, Property, and Works, was repealed by Pub. L.

107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304, the first

section of which enacted Title 40, Public Buildings, Property, and

Works. For disposition of sections of former Title 40 to revised

Title 40, see Table preceding section 101 of Title 40. For complete

classification of this Act to the Code, see Tables.

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in sections

1707 and 1709 of this title prior to repeal by Pub. L. 105-220.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

29 USC Sec. 2899 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER III - JOB CORPS

-HEAD-

Sec. 2899. Management information

-STATUTE-

(a) Financial management information system

(1) In general

The Secretary shall establish procedures to ensure that each

operator, and each service provider, maintains a financial

management information system that will provide -

(A) accurate, complete, and current disclosures of the costs

of Job Corps operations; and

(B) sufficient data for the effective evaluation of

activities carried out through the Job Corps program.

(2) Accounts

Each operator and service provider shall maintain funds

received under this subchapter in accounts in a manner that

ensures timely and accurate reporting as required by the

Secretary.

(3) Fiscal responsibility

Operators shall remain fiscally responsible and control costs,

regardless of whether the funds made available for Job Corps

centers are incrementally increased or decreased between fiscal

years.

(b) Audit

(1) Access

The Secretary, the Inspector General of the Department of

Labor, the Comptroller General of the United States, and any of

their duly authorized representatives, shall have access to any

books, documents, papers, and records of the operators and

service providers described in subsection (a) of this section

that are pertinent to the Job Corps program, for purposes of

conducting surveys, audits, and evaluations of the operators and

service providers.

(2) Surveys, audits, and evaluations

The Secretary shall survey, audit, or evaluate, or arrange for

the survey, audit, or evaluation of, the operators and service

providers, using Federal auditors or independent public

accountants. The Secretary shall conduct such surveys, audits, or

evaluations not less often than once every 3 years.

(c) Information on indicators of performance

(1) Establishment

The Secretary shall, with continuity and consistency from year

to year, establish indicators of performance, and expected levels

of performance for Job Corps centers and the Job Corps program,

relating to -

(A) the number of graduates and the rate of such graduation,

analyzed by type of vocational training received through the

Job Corps program and by whether the vocational training was

provided by a local or national service provider;

(B) the number of graduates who entered unsubsidized

employment related to the vocational training received through

the Job Corps program and the number who entered unsubsidized

employment not related to the vocational training received,

analyzed by whether the vocational training was provided by a

local or national service provider and by whether the placement

in the employment was conducted by a local or national service

provider;

(C) the average wage received by graduates who entered

unsubsidized employment related to the vocational training

received through the Job Corps program and the average wage

received by graduates who entered unsubsidized employment

unrelated to the vocational training received;

(D) the average wage received by graduates placed in

unsubsidized employment after completion of the Job Corps

program -

(i) on the first day of the employment;

(ii) 6 months after the first day of the employment; and

(iii) 12 months after the first day of the employment,

analyzed by type of vocational training received through the

Job Corps program;

(E) the number of graduates who entered unsubsidized

employment and were retained in the unsubsidized employment -

(i) 6 months after the first day of the employment; and

(ii) 12 months after the first day of the employment;

(F) the number of graduates who entered unsubsidized

employment -

(i) for 32 hours per week or more;

(ii) for not less than 20 but less than 32 hours per week;

and

(iii) for less than 20 hours per week;

(G) the number of graduates who entered postsecondary

education or advanced training programs, including

apprenticeship programs, as appropriate; and

(H) the number of graduates who attained job readiness and

employment skills.

(2) Performance of recruiters

The Secretary shall also establish performance measures, and

expected performance levels on the performance measures, for

local and national recruitment service providers serving the Job

Corps program. The performance measures shall relate to the

number of enrollees retained in the Job Corps program for 30 days

and for 60 days after initial placement in the program.

(3) Report

The Secretary shall collect, and annually submit a report to

the appropriate committees of Congress containing, information on

the performance of each Job Corps center, and the Job Corps

program, on the core performance measures, as compared to the

expected performance level for each performance measure. The

report shall also contain information on the performance of the

service providers described in paragraph (2) on the performance

measures established under such paragraph, as compared to the

expected performance levels for the performance measures.

(d) Additional information

The Secretary shall also collect, and submit in the report

described in subsection (c) of this section, information on the

performance of each Job Corps center, and the Job Corps program,

regarding -

(1) the number of enrollees served;

(2) the average level of learning gains for graduates and

former enrollees;

(3) the number of former enrollees and graduates who entered

the Armed Forces;

(4) the number of former enrollees who entered postsecondary

education;

(5) the number of former enrollees who entered unsubsidized

employment related to the vocational training received through

the Job Corps program and the number who entered unsubsidized

employment not related to the vocational training received;

(6) the number of former enrollees and graduates who obtained a

secondary school diploma or its recognized equivalent;

(7) the number and percentage of dropouts from the Job Corps

program including the number dismissed under the zero tolerance

policy described in section 2892(b) of this title; and

(8) any additional information required by the Secretary.

(e) Methods

The Secretary may collect the information described in

subsections (c) and (d) of this section using methods described in

section 2871(f)(2) of this title consistent with State law.

(f) Performance assessments and improvements

(1) Assessments

The Secretary shall conduct an annual assessment of the

performance of each Job Corps center. Based on the assessment,

the Secretary shall take measures to continuously improve the

performance of the Job Corps program.

(2) Performance improvement plans

With respect to a Job Corps center that fails to meet the

expected levels of performance relating to the core performance

measures specified in subsection (c) of this section, the

Secretary shall develop and implement a performance improvement

plan. Such a plan shall require action including -

(A) providing technical assistance to the center;

(B) changing the vocational training offered at the center;

(C) changing the management staff of the center;

(D) replacing the operator of the center;

(E) reducing the capacity of the center;

(F) relocating the center; or

(G) closing the center.

(3) Additional performance improvement plans

In addition to the performance improvement plans required under

paragraph (2), the Secretary may develop and implement additional

performance improvement plans. Such a plan shall require

improvements, including the actions described in paragraph (2),

for a Job Corps center that fails to meet criteria established by

the Secretary other than the expected levels of performance

described in paragraph (2).

(g) Closure of Job Corps center

Prior to the closure of any Job Corps center, the Secretary shall

ensure -

(1) that the proposed decision to close the center is announced

in advance to the general public through publication in the

Federal Register or other appropriate means;

(2) the establishment of a reasonable comment period, not to

exceed 30 days, for interested individuals to submit written

comments to the Secretary; and

(3) that the Member of Congress who represents the district in

which such center is located is notified within a reasonable

period of time in advance of any final decision to close the

center.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 159, Aug. 7, 1998, 112 Stat. 1017;

Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 401(6)],

Oct. 21, 1998, 112 Stat. 2681-337, 2681-411.)

-MISC1-

AMENDMENTS

1998 - Subsec. (c)(1)(G). Pub. L. 105-277, Sec. 101(f) [title

VIII, Sec. 401(6)(A)], substituted "postsecondary" for

"post-secondary".

Subsec. (c)(3). Pub. L. 105-277, Sec. 101(f) [title VIII, Sec.

401(6)(B)], substituted "containing," for "containing".

Subsec. (d)(4). Pub. L. 105-277, Sec. 101(f) [title VIII, Sec.

401(6)(A)], substituted "postsecondary" for "post-secondary".

-End-

-CITE-

29 USC Sec. 2900 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER III - JOB CORPS

-HEAD-

Sec. 2900. General provisions

-STATUTE-

The Secretary is authorized to -

(1) disseminate, with regard to the provisions of section 3204

of title 39, data and information in such forms as the Secretary

shall determine to be appropriate, to public agencies, private

organizations, and the general public;

(2) subject to section 2897(b) of this title, collect or

compromise all obligations to or held by the Secretary and

exercise all legal or equitable rights accruing to the Secretary

in connection with the payment of obligations until such time as

such obligations may be referred to the Attorney General for suit

or collection; and

(3) expend funds made available for purposes of this subchapter

-

(A) for printing and binding, in accordance with applicable

law (including regulation); and

(B) without regard to any other law (including regulation),

for rent of buildings and space in buildings and for repair,

alteration, and improvement of buildings and space in buildings

rented by the Secretary, except that the Secretary shall not

expend funds under the authority of this subparagraph -

(i) except when necessary to obtain an item, service, or

facility, that is required in the proper administration of

this subchapter, and that otherwise could not be obtained, or

could not be obtained in the quantity or quality needed, or

at the time, in the form, or under the conditions in which

the item, service, or facility is needed; and

(ii) prior to having given written notification to the

Administrator of General Services (if the expenditure would

affect an activity that otherwise would be under the

jurisdiction of the General Services Administration) of the

intention of the Secretary to make the expenditure, and the

reasons and justifications for the expenditure.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 160, Aug. 7, 1998, 112 Stat. 1020.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 1708

of this title prior to repeal by Pub. L. 105-220.

-End-

-CITE-

29 USC Sec. 2901 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER III - JOB CORPS

-HEAD-

Sec. 2901. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this

subchapter such sums as may be necessary for each of the fiscal

years 1999 through 2003.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 161, Aug. 7, 1998, 112 Stat. 1021.)

-End-

-CITE-

29 USC SUBCHAPTER IV - NATIONAL PROGRAMS 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER IV - NATIONAL PROGRAMS

-HEAD-

SUBCHAPTER IV - NATIONAL PROGRAMS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 2801, 2939 of this

title; title 20 section 9274; title 42 section 4368a.

-End-

-CITE-

29 USC Sec. 2911 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER IV - NATIONAL PROGRAMS

-HEAD-

Sec. 2911. Native American programs

-STATUTE-

(a) Purpose

(1) In general

The purpose of this section is to support employment and

training activities for Indian, Alaska Native, and Native

Hawaiian individuals in order -

(A) to develop more fully the academic, occupational, and

literacy skills of such individuals;

(B) to make such individuals more competitive in the

workforce; and

(C) to promote the economic and social development of Indian,

Alaska Native, and Native Hawaiian communities in accordance

with the goals and values of such communities.

(2) Indian policy

All programs assisted under this section shall be administered

in a manner consistent with the principles of the Indian

Self-Determination and Education Assistance Act (25 U.S.C. 450 et

seq.) and the government-to-government relationship between the

Federal Government and Indian tribal governments.

(b) Definitions

As used in this section:

(1) Alaska Native

The term "Alaska Native" means a Native as such term is defined

in section 1602(b) of title 43.

(2) Indian, Indian tribe, and tribal organization

The terms "Indian", "Indian tribe", and "tribal organization"

have the meanings given such terms in subsections (d), (e), and

(l), respectively, of section 4 of the Indian Self-Determination

and Education Assistance Act (25 U.S.C. 450b).

(3) Native Hawaiian and Native Hawaiian organization

The terms "Native Hawaiian" and "Native Hawaiian organization"

have the meanings given such terms in section 7517 of title 20.

(c) Program authorized

(1) In general

The Secretary shall, on a competitive basis, make grants to, or

enter into contracts or cooperative agreements with, Indian

tribes, tribal organizations, Alaska Native entities,

Indian-controlled organizations serving Indians, or Native

Hawaiian organizations to carry out the authorized activities

described in subsection (d) of this section.

(2) Exception

The competition for grants, contracts, or cooperative

agreements conducted under paragraph (1) shall be conducted every

2 years, except that if a recipient of such a grant, contract, or

agreement has performed satisfactorily, the Secretary may waive

the requirements for such competition on receipt from the

recipient of a satisfactory 2-year program plan for the

succeeding 2-year period of the grant, contract, or agreement.

(d) Authorized activities

(1) In general

Funds made available under subsection (c) of this section shall

be used to carry out the activities described in paragraph (2)

that -

(A) are consistent with this section; and

(B) are necessary to meet the needs of Indians or Native

Hawaiians preparing to enter, reenter, or retain unsubsidized

employment.

(2) Workforce investment activities and supplemental services

(A) In general

Funds made available under subsection (c) of this section

shall be used for -

(i) comprehensive workforce investment activities for

Indians or Native Hawaiians; or

(ii) supplemental services for Indian or Native Hawaiian

youth on or near Indian reservations and in Oklahoma, Alaska,

or Hawaii.

(B) Special rule

Notwithstanding any other provision of this section,

individuals who were eligible to participate in programs under

section 1671 of this title (as such section was in effect on

the day before August 7, 1998) shall be eligible to participate

in an activity assisted under this section.

(e) Program plan

In order to receive a grant or enter into a contract or

cooperative agreement under this section an entity described in

subsection (c) of this section shall submit to the Secretary a

program plan that describes a 2-year strategy for meeting the needs

of Indian, Alaska Native, or Native Hawaiian individuals, as

appropriate, in the area served by such entity. Such plan shall -

(1) be consistent with the purpose of this section;

(2) identify the population to be served;

(3) identify the education and employment needs of the

population to be served and the manner in which the activities to

be provided will strengthen the ability of the individuals served

to obtain or retain unsubsidized employment;

(4) describe the activities to be provided and the manner in

which such activities are to be integrated with other appropriate

activities; and

(5) describe, after the entity submitting the plan consults

with the Secretary, the performance measures to be used to assess

the performance of entities in carrying out the activities

assisted under this section.

(f) Consolidation of funds

Each entity receiving assistance under subsection (c) of this

section may consolidate such assistance with assistance received

from related programs in accordance with the provisions of the

Indian Employment, Training and Related Services Demonstration Act

of 1992 (25 U.S.C. 3401 et seq.).

(g) Nonduplicative and nonexclusive services

Nothing in this section shall be construed -

(1) to limit the eligibility of any entity described in

subsection (c) of this section to participate in any activity

offered by a State or local entity under this Act; or

(2) to preclude or discourage any agreement, between any entity

described in subsection (c) of this section and any State or

local entity, to facilitate the provision of services by such

entity or to the population served by such entity.

(h) Administrative provisions

(1) Organizational unit established

The Secretary shall designate a single organizational unit

within the Department of Labor that shall have primary

responsibility for the administration of the activities

authorized under this section.

(2) Regulations

The Secretary shall consult with the entities described in

subsection (c) of this section in -

(A) establishing regulations to carry out this section,

including performance measures for entities receiving

assistance under such subsection, taking into account the

economic circumstances of such entities; and

(B) developing a funding distribution plan that takes into

consideration previous levels of funding (prior to August 7,

1998) to such entities.

(3) Waivers

(A) In general

With respect to an entity described in subsection (c) of this

section, the Secretary, notwithstanding any other provision of

law, may, pursuant to a request submitted by such entity that

meets the requirements established under subparagraph (B),

waive any of the statutory or regulatory requirements of this

chapter that are inconsistent with the specific needs of the

entities described in such subsection, except that the

Secretary may not waive requirements relating to wage and labor

standards, worker rights, participation and protection of

workers and participants, grievance procedures, and judicial

review.

(B) Request and approval

An entity described in subsection (c) of this section that

requests a waiver under subparagraph (A) shall submit a plan to

the Secretary to improve the program of workforce investment

activities carried out by the entity, which plan shall meet the

requirements established by the Secretary and shall be

generally consistent with the requirements of section

2939(i)(4)(B) of this title.

(4) Advisory council

(A) In general

Using funds made available to carry out this section, the

Secretary shall establish a Native American Employment and

Training Council to facilitate the consultation described in

paragraph (2).

(B) Composition

The Council shall be composed of individuals, appointed by

the Secretary, who are representatives of the entities

described in subsection (c) of this section.

(C) Duties

The Council shall advise the Secretary on all aspects of the

operation and administration of the programs assisted under

this section, including the selection of the individual

appointed as the head of the unit established under paragraph

(1).

(D) Personnel matters

(i) Compensation of members

Members of the Council shall serve without compensation.

(ii) Travel expenses

The members of the Council shall be allowed travel

expenses, including per diem in lieu of subsistence, at rates

authorized for employees of agencies under subchapter I of

chapter 57 of title 5, while away from their homes or regular

places of business in the performance of services for the

Council.

(iii) Administrative support

The Secretary shall provide the Council with such

administrative support as may be necessary to perform the

functions of the Council.

(E) Chairperson

The Council shall select a chairperson from among its

members.

(F) Meetings

The Council shall meet not less than twice each year.

(G) Application

Section 14 of the Federal Advisory Committee Act (5 U.S.C.

App.) shall not apply to the Council.

(5) Technical assistance

The Secretary, acting through the unit established under

paragraph (1), is authorized to provide technical assistance to

entities described in subsection (c) of this section that receive

assistance under subsection (c) of this section to enable such

entities to improve the activities authorized under this section

that are provided by such entities.

(6) Agreement for certain federally recognized Indian tribes to

transfer funds to the program

A federally recognized Indian tribe that administers funds

provided under this section and funds provided by more than one

State under other sections of this chapter may enter into an

agreement with the Secretary and the Governors of the affected

States to transfer the funds provided by the States to the

program administered by the tribe under this section.

(i) Compliance with single audit requirements; related requirement

Grants, contracts, and cooperative agreements entered into under

this section shall be subject to the requirements of chapter 75 of

subtitle V of title 31 (enacted by the Single Audit Act of 1984)

and charging of costs under this section shall be subject to

appropriate circulars issued by the Office of Management and

Budget.

(j) Assistance to American Samoans in Hawaii

(1) In general

Notwithstanding any other provision of law, the Secretary is

authorized to provide assistance to American Samoans who reside

in Hawaii for the co-location of federally funded and

State-funded workforce investment activities.

(2) Authorization of appropriations

There are authorized to be appropriated for fiscal year 1999

such sums as may be necessary to carry out this subsection.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 166, Aug. 7, 1998, 112 Stat. 1021;

Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 401(7)],

Oct. 21, 1998, 112 Stat. 2681-337, 2681-411; Pub. L. 107-110, title

VII, Sec. 702(g), Jan. 8, 2002, 115 Stat. 1947.)

-REFTEXT-

REFERENCES IN TEXT

The Indian Self-Determination and Education Assistance Act,

referred to in subsec. (a)(2), is Pub. L. 93-638, Jan. 4, 1975, 88

Stat. 2203, as amended, which is classified principally to

subchapter II (Sec. 450 et seq.) of chapter 14 of Title 25,

Indians. For complete classification of this Act to the Code, see

Short Title note set out under section 450 of Title 25 and Tables.

Section 1671 of this title, referred to in subsec. (d)(2)(B), was

repealed by Pub. L. 105-220, title I, Sec. 199(b)(2), Aug. 7, 1998,

112 Stat. 1059, effective July 1, 2000.

The Indian Employment, Training and Related Services

Demonstration Act of 1992, referred to in subsec. (f), is Pub. L.

102-477, Oct. 23, 1992, 106 Stat. 2302, as amended, which is

classified generally to chapter 36 (Sec. 3401 et seq.) of Title 25,

Indians. For complete classification of this Act to the Code, see

Short Title note set out under section 3401 of Title 25 and Tables.

This Act, referred to in subsec. (g)(1), is Pub. L. 105-220, Aug.

7, 1998, 112 Stat. 936, as amended, known as the Workforce

Investment Act of 1998. For complete classification of this Act to

the Code, see Short Title note set out under section 9201 of Title

20, Education, and Tables.

This chapter, referred to in subsec. (h)(3)(A), (6), was in the

original "this title" meaning title I of Pub. L. 105-220, Aug. 7,

1998, 112 Stat. 939, as amended, which enacted this chapter,

repealed sections 1501 to 1505, 1511 to 1583, 1592 to 1735, 1737 to

1791h, 1792 to 1792b, 2301 to 2314 of this title, section 211 of

former Title 40, Appendix, Public Buildings, Property, and Works,

sections 11421, 11441 to 11447, 11449, 11450, 11461 to 11466,

11471, and 11472 of Title 42, The Public Health and Welfare, and

sections 42101 to 42106 of Title 49, Transportation, enacted

provisions set out as notes under sections 1501, 2301, and 2940 of

this title and section 11421 of Title 42, and repealed provisions

set out as notes under sections 801 and 2301 of this title and

section 1255a of Title 8, Aliens and Nationality. For complete

classification of title I to the Code, see Tables.

The Federal Advisory Committee Act, referred to in subsec.

(h)(4)(G), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as

amended, which is set out in the Appendix to Title 5, Government

Organization and Employees.

The Single Audit Act of 1984, referred to in subsec. (i), is Pub.

L. 98-502, Oct. 19, 1984, 98 Stat. 2327, as amended, which is

classified generally to chapter 75 (Sec. 7501 et seq.) of Title 31,

Money and Finance. For complete classification of this Act to the

Code, see Short Title of 1984 Amendment note set out under section

7501 of Title 31 and Tables.

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in sections

1671 and 1673 of this title prior to repeal by Pub. L. 105-220.

AMENDMENTS

2002 - Subsec. (b)(3). Pub. L. 107-110 substituted "section 7517

of title 20" for "paragraphs (1) and (3), respectively, of section

7912 of title 20".

1998 - Subsec. (h)(3)(A). Pub. L. 105-277 substituted

"subparagraph (B)" for "paragraph (2)".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of Title 20, Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2852, 2914, 2915, 2918,

2919 of this title.

-End-

-CITE-

29 USC Sec. 2912 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER IV - NATIONAL PROGRAMS

-HEAD-

Sec. 2912. Migrant and seasonal farmworker programs

-STATUTE-

(a) In general

Every 2 years, the Secretary shall, on a competitive basis, make

grants to, or enter into contracts with, eligible entities to carry

out the activities described in subsection (d) of this section.

(b) Eligible entities

To be eligible to receive a grant or enter into a contract under

this section, an entity shall have an understanding of the problems

of eligible migrant and seasonal farmworkers (including

dependents), a familiarity with the area to be served, and the

ability to demonstrate a capacity to administer effectively a

diversified program of workforce investment activities (including

youth activities) and related assistance for eligible migrant and

seasonal farmworkers.

(c) Program plan

(1) In general

To be eligible to receive a grant or enter into a contract

under this section, an entity described in subsection (b) of this

section shall submit to the Secretary a plan that describes a

2-year strategy for meeting the needs of eligible migrant and

seasonal farmworkers in the area to be served by such entity.

(2) Contents

Such plan shall -

(A) identify the education and employment needs of the

population to be served and the manner in which the services to

be provided will strengthen the ability of the eligible migrant

and seasonal farmworkers and dependents to obtain or retain

unsubsidized employment or stabilize their unsubsidized

employment;

(B) describe the related assistance and supportive services

to be provided and the manner in which such assistance and

services are to be integrated and coordinated with other

appropriate services; and

(C) describe the indicators of performance to be used to

assess the performance of such entity in carrying out the

activities assisted under this section.

(3) Administration

Grants and contracts awarded under this section shall be

centrally administered by the Department of Labor and

competitively awarded by the Secretary using procedures

consistent with standard Federal Government competitive

procurement policies.

(4) Competition

(A) In general

The competition for grants made and contracts entered into

under this section shall be conducted every 2 years.

(B) Exception

Notwithstanding subparagraph (A), if a recipient of such a

grant or contract has performed satisfactorily under the terms

of the grant agreement or contract, the Secretary may waive the

requirement for such competition for such recipient upon

receipt from the recipient of a satisfactory 2-year plan

described in paragraph (1) for the succeeding 2-year grant or

contract period. The Secretary may exercise the waiver

authority of the preceding sentence not more than once during

any 4-year period with respect to any single recipient.

(d) Authorized activities

Funds made available under this section and section

2852(b)(1)(A)(iii) of this title shall be used to carry out

workforce investment activities (including youth activities) and

provide related assistance for eligible migrant and seasonal

farmworkers, which may include employment, training, educational

assistance, literacy assistance, an English language program,

worker safety training, housing, supportive services, dropout

prevention activities, followup services for those individuals

placed in employment, self-employment and related business

enterprise development education as needed by eligible migrant and

seasonal farmworkers and identified pursuant to the plan required

by subsection (c) of this section, and technical assistance

relating to capacity enhancement in such areas as management

information technology.

(e) Consultation with Governors and local boards

In making grants and entering into contracts under this section,

the Secretary shall consult with the Governors and local boards of

the States in which the eligible entities will carry out the

activities described in subsection (d) of this section.

(f) Regulations

The Secretary shall consult with eligible migrant and seasonal

farmworkers groups and States in establishing regulations to carry

out this section, including performance measures for eligible

entities that take into account the economic circumstances and

demographics of eligible migrant and seasonal farmworkers.

(g) Compliance with single audit requirements; related requirement

Grants and contracts entered into under this section shall be

subject to the requirements of chapter 75 of subtitle V of title 31

(enacted by the Single Audit Act of 1984) and charging of costs

under this section shall be subject to appropriate circulars issued

by the Office of Management and Budget.

(h) Definitions

In this section:

(1) Disadvantaged

The term "disadvantaged", used with respect to a farmworker,

means a farmworker whose income, for 12 consecutive months out of

the 24 months prior to application for the program involved, does

not exceed the higher of -

(A) the poverty line (as defined in section 334(a)(2)(B))

(!1) for an equivalent period; or

(B) 70 percent of the lower living standard income level, for

an equivalent period.

(2) Eligible migrant and seasonal farmworkers

The term "eligible migrant and seasonal farmworkers" means

individuals who are eligible migrant farmworkers or are eligible

seasonal farmworkers.

(3) Eligible migrant farmworker

The term "eligible migrant farmworker" means -

(A) an eligible seasonal farmworker described in paragraph

(4)(A) whose agricultural labor requires travel to a job site

such that the farmworker is unable to return to a permanent

place of residence within the same day; and

(B) a dependent of the farmworker described in subparagraph

(A).

(4) Eligible seasonal farmworker

The term "eligible seasonal farmworker" means -

(A) a disadvantaged person who, for 12 consecutive months out

of the 24 months prior to application for the program involved,

has been primarily employed in agricultural labor that is

characterized by chronic unemployment or underemployment; and

(B) a dependent of the person described in subparagraph (A).

-SOURCE-

(Pub. L. 105-220, title I, Sec. 167, Aug. 7, 1998, 112 Stat. 1025;

Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 401(8)],

Oct. 21, 1998, 112 Stat. 2681-337, 2681-411.)

-REFTEXT-

REFERENCES IN TEXT

The Single Audit Act of 1984, referred to in subsec. (g), is Pub.

L. 98-502, Oct. 19, 1984, 98 Stat. 2327, as amended, which is

classified generally to chapter 75 (Sec. 7501 et seq.) of Title 31,

Money and Finance. For complete classification of this Act to the

Code, see Short Title of 1984 Amendment note set out under section

7501 of Title 31 and Tables.

Section 334, referred to in subsec. (h)(1)(A), is section 334 of

Pub. L. 105-220, which is set out as a note under section 2701 of

this title. However, section 334 does not contain a subsec.

(a)(2)(B) and does not define the term "poverty line". "Poverty

line" is defined for purposes of this chapter in section 2801 of

this title.

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in sections

1672 and 1673 of this title prior to repeal by Pub. L. 105-220.

AMENDMENTS

1998 - Subsec. (d). Pub. L. 105-277 inserted "and section

2852(b)(1)(A)(iii) of this title" after "this section".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2852, 2915, 2919 of this

title; title 20 section 1070d-2.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

29 USC Sec. 2913 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER IV - NATIONAL PROGRAMS

-HEAD-

Sec. 2913. Veterans' workforce investment programs

-STATUTE-

(a) Authorization

(1) In general

The Secretary shall conduct, directly or through grants or

contracts, programs to meet the needs for workforce investment

activities of veterans with service-connected disabilities,

veterans who have significant barriers to employment, veterans

who served on active duty in the armed forces during a war or in

a campaign or expedition for which a campaign badge has been

authorized, and recently separated veterans.

(2) Conduct of programs

Programs supported under this section may be conducted through

grants and contracts with public agencies and private nonprofit

organizations, including recipients of Federal assistance under

other provisions of this chapter, that the Secretary determines

have an understanding of the unemployment problems of veterans

described in paragraph (1), familiarity with the area to be

served, and the capability to administer effectively a program of

workforce investment activities for such veterans.

(3) Required activities

Programs supported under this section shall include -

(A) activities to enhance services provided to veterans by

other providers of workforce investment activities funded by

Federal, State, or local government;

(B) activities to provide workforce investment activities to

such veterans that are not adequately provided by other public

providers of workforce investment activities; and

(C) outreach and public information activities to develop and

promote maximum job and job training opportunities for such

veterans and to inform such veterans about employment, job

training, on-the-job training and educational opportunities

under this chapter, under title 38, and under other provisions

of law, which activities shall be coordinated with activities

provided through the one-stop centers described in section

2864(c) of this title.

(b) Administration of programs

(1) In general

The Secretary shall administer programs supported under this

section through the Assistant Secretary for Veterans' Employment

and Training.

(2) Additional responsibilities

In carrying out responsibilities under this section, the

Assistant Secretary for Veterans' Employment and Training shall -

(A) be responsible for the awarding of grants and contracts

and the distribution of funds under this section and for the

establishment of appropriate fiscal controls, accountability,

and program performance measures for recipients of grants and

contracts under this section; and

(B) consult with the Secretary of Veterans Affairs and take

steps to ensure that programs supported under this section are

coordinated, to the maximum extent feasible, with related

programs and activities conducted under title 38, including

programs and activities conducted under subchapter II of

chapter 77 of such title, chapters 30, 31, 32, and 34 of such

title, and sections 1712A, 1720A, 3687, and 4103A of such

title.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 168, Aug. 7, 1998, 112 Stat. 1027.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 1721

of this title prior to repeal by Pub. L. 105-220.

COORDINATION OF INFORMATION AND ASSISTANCE

Pub. L. 100-689, title IV, Sec. 402, Nov. 18, 1988, 100 Stat.

4178, as amended by Pub. L. 105-277, div. A, Sec. 101(f) [title

VIII, Sec. 405(d)(24), (f)(16)], Oct. 21, 1998, 112 Stat. 2681-337,

2681-423, 2681-432, provided that:

"(a) Purpose. - It is the purpose of this section to ensure that

veterans who are dislocated workers eligible for assistance under

title I of the Workforce Investment Act of 1998 [29 U.S.C. 2801 et

seq.] or are otherwise unemployed receive, to the extent feasible,

assistance (including information on vocational guidance or

vocational counseling, or information on both vocational guidance

or vocational counseling), including information on counseling,

needed by such veterans -

"(1) to apply for services and benefits for which they are

eligible as veterans, dislocated workers, or unemployed persons;

"(2) to obtain resolution of questions and problems relating to

such services and benefit[s]; and

"(3) to initiate any authorized administrative appeals of

determinations or other actions relating to such services and

benefits.

"(b) Memorandum of Understanding. - (1) Not later than one year

after the date of the enactment of this Act [Nov. 18, 1988], the

Secretary of Labor and the Administrator of Veterans' Affairs shall

enter into a memorandum of understanding to carry out the purpose

of this section. The memorandum shall include provisions that

define the relationships and responsibilities of the Veterans'

Administration, the Department of Labor, and State and local

agencies with respect to the provision of the following

information, forms, and assistance:

"(A) Information on services and benefits referred to in

subsection (d).

"(B) All application forms and related forms necessary for

individuals to apply for such services and to claim such

benefits.

"(C) Assistance in resolving questions and problems relating to

receipt of such services and benefits.

"(D) Assistance in contacting other Federal Government offices

and State offices where such services or benefits are provided or

administered.

"(2) The memorandum of understanding entered into pursuant to

paragraph (1) shall include a provision for the periodic

evaluation, by the Secretary of Labor and the Administrator of

Veterans' Affairs, of the implementation of their respective

responsibilities under such memorandum.

"(c) Coordination of Department of Labor Activities. - The

Assistant Secretary of Labor for Veterans' Employment and Training,

in consultation with the unit or office designated or created under

section 322(b) of the Job Training Partnership Act [former 29

U.S.C. 1662a(b)] or any successor to such unit or office under

title I of the Workforce Investment Act of 1998 [29 U.S.C. 2801 et

seq.], shall, except as the Secretary of Labor may otherwise

direct, coordinate the activities of the components of the

Department of Labor performing the responsibilities of the

Secretary of Labor under this section.

"(d) Covered Services and Benefits. - This section applies with

respect to the following services and benefits:

"(1) Employment assistance under -

"(A) title I of the Workforce Investment Act of 1998 [29

U.S.C. 2801 et seq.]; and

"(B) the Veterans' Job Training Act (97 Stat. 443; 29 U.S.C.

1721 note [now set out below]).

"(2) Employment and training activities for dislocated workers

under title I of the Workforce Investment Act of 1998 [29 U.S.C.

2801 et seq.].

"(3) Employment assistance and unemployment compensation under

the trade adjustment assistance program provided in chapter 2 of

title II of the Trade Act of 1974 (29 [19] U.S.C. 2271 et seq.)

and under any other program administered by the Employment and

Training Administration of the Department of Labor.

"(4) Educational assistance under -

"(A) the Adult Education Act ([former] 20 U.S.C. 1201 et

seq.); and

"(B) chapters 30, 31, 32, 34, and 35 of title 38, United

States Code, and chapter 106 of title 10, United States Code.

"(5) Certification of a veteran as a member of a targeted group

eligible for the targeted jobs credit determined under section 51

of the Internal Revenue Code of 1986 [26 U.S.C. 51].

"(e) Definition. - In this section, the term 'veteran' has the

meaning given such term in section 101(2) of title 38, United

States Code."

VETERANS' JOB TRAINING ACT

Pub. L. 98-77, Aug. 15, 1983, 97 Stat. 443, as amended by Pub. L.

98-160, title VII, Sec. 704, Nov. 21, 1983, 97 Stat. 1011; Pub. L.

98-543, title II, Sec. 212, Oct. 24, 1984, 98 Stat. 2744; Pub. L.

99-108, Sec. 4, Sept. 30, 1985, 99 Stat. 481; Pub. L. 99-238, title

II, Sec. 201(a)(1), (b)-(e), Jan. 13, 1986, 99 Stat. 1767, 1768;

Pub. L. 100-77, title IX, Sec. 901, July 22, 1987, 101 Stat. 538;

Pub. L. 100-227, title II, Sec. 201, Dec. 31, 1987, 101 Stat. 1555;

Pub. L. 100-323, Secs. 11(a)(1), (2), (3)(B), (4), (b)-(f),

15(b)(2), (c)(2), May 20, 1988, 102 Stat. 567-570, 574; Pub. L.

102-40, title IV, Sec. 402(d)(2), May 7, 1991, 105 Stat. 239; Pub.

L. 102-83, Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L.

105-277, div. A, Sec. 101(f) [title VIII, Sec. 405(d)(25),

(f)(17)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-423, 2681-432,

provided that:

"SHORT TITLE

"Section 1. This Act may be cited as the 'Veterans' Job Training

Act'.

"PURPOSE

"Sec. 2. The purpose of this Act is to address the problem of

severe and continuing unemployment among veterans by providing, in

the form of payments to defray the costs of training, incentives to

employers to hire and train certain wartime veterans who have been

unemployed for long periods of time for stable and permanent

positions that involve significant training.

"DEFINITIONS

"Sec. 3. For the purposes of this Act:

"(1) The term 'Administrator' means the Administrator of

Veterans' Affairs.

"(2) The term 'Secretary' means the Secretary of Labor.

"(3) The terms 'veteran', 'Korean conflict', 'compensation',

'service-connected', 'State', 'active military, naval, or air

service', and 'Vietnam era', have the meanings given such terms

in paragraphs (2), (9), (13), (16), (20), (24), and (29),

respectively, of section 101 of title 38, United States Code.

"ESTABLISHMENT OF PROGRAM

"Sec. 4. (a) The Administrator and, to the extent specifically

provided by this Act, the Secretary shall carry out a program in

accordance with this Act to assist eligible veterans in obtaining

employment through training for employment in stable and permanent

positions that involve significant training. The program shall be

carried out through payments to employers who employ and train

eligible veterans in such jobs in order to assist such employers in

defraying the costs of necessary training.

"(b) The Secretary shall carry out the Secretary's

responsibilities under this Act through the Assistant Secretary of

Labor for Veterans' Employment and Training established under

section 4102A of title 38, United States Code.

"ELIGIBILITY FOR PROGRAM; DURATION OF ASSISTANCE

"Sec. 5. (a)(1) To be eligible for participation in a job

training program under this Act, a veteran must be a Korean

conflict or Vietnam-era veteran who -

"(A) is unemployed at the time of applying for participation in

a program under this Act; and

"(B) has been unemployed for at least 10 of the 15 weeks

immediately preceding the date of such veteran's application for

participation in a program under this Act.

"(2) For purposes of paragraph (1), the term 'Korean conflict or

Vietnam-era veteran' means a veteran -

"(A) who served in the active military, naval, or air service

for a period of more than one hundred and eighty days, any part

of which was during the Korean conflict or the Vietnam era; or

"(B) who served in the active military, naval, or air service

during the Korean conflict or the Vietnam era and -

"(i) was discharged or released therefrom for a

service-connected disability; or

"(ii) is entitled to compensation (or but for the receipt of

retirement pay would be entitled to compensation).

"(3) For purposes of paragraph (1), a veteran shall be considered

to be unemployed during any period the veteran is without a job and

wants and is available for work.

"(b)(1) A veteran who desires to participate in a program of job

training under this Act shall submit to the Administrator an

application for participation in such a program. Such an

application -

"(A) shall include a certification by the veteran that the

veteran is unemployed and meets the other criteria for

eligibility prescribed by subsection (a); and

"(B) shall be in such form and contain such additional

information as the Administrator may prescribe.

"(2)(A) Subject to subparagraph (B), the Administrator shall

approve an application by a veteran for participation in a program

of job training under this Act unless the Administrator finds that

the veteran is not eligible to participate in a program of job

training under this Act.

"(B) The Administrator may withhold approval of an application of

a veteran under this Act if the Administrator determines that,

because of limited funds available for the purpose of making

payments to employers under this Act, it is necessary to limit the

number of participants in programs under this Act.

"(3)(A) Subject to section 14(c), the Administrator shall certify

as eligible for participation under this Act a veteran whose

application is approved under this subsection and shall furnish the

veteran with a certificate of that veteran's eligibility for

presentation to an employer offering a program of job training

under this Act. Any such certificate shall expire 90 days after it

is furnished to the veteran. The date on which a certificate is

furnished to a veteran under this paragraph shall be stated on the

certificate.

"(B) A certificate furnished under this paragraph may, upon the

veteran's application, be renewed in accordance with the terms and

conditions of subparagraph (A).

"(c) The maximum period of training for which assistance may be

provided on behalf of a veteran under this Act is -

"(1) fifteen months in the case of -

"(A) a veteran with a service-connected disability rated at

30 percent or more; or

"(B) a veteran with a service-connected disability rated at

10 percent or 20 percent who has been determined under section

3106 of title 38, United States Code, to have a serious

employment handicap; and

"(2) nine months in the case of any other veteran.

"EMPLOYER JOB TRAINING PROGRAMS

"Sec. 6. (a)(1) Except as provided in paragraph (2), in order to

be approved as a program of job training under this Act, a program

of job training of an employer approved under section 7 must

provide training for a period of not less than six months in an

occupation in a growth industry, in an occupation requiring the use

of new technological skills, or in an occupation for which demand

for labor exceeds supply.

"(2) A program of job training providing training for a period of

at least three but less than six months may be approved if the

Administrator determines (in accordance with standards which the

Administrator shall prescribe) that the purpose of this Act would

be met through that program.

"(b) Subject to section 10 and the other provisions of this Act,

a veteran who has been approved for participation in a program of

job training under this Act and has a current certificate of

eligibility for such participation may enter a program of job

training that has been approved under section 7 and that is offered

to the veteran by the employer.

"APPROVAL OF EMPLOYER PROGRAMS

"Sec. 7. (a)(1) An employer may be paid assistance under section

8(a) on behalf of an eligible veteran employed by such employer and

participating in a program of job training offered by that employer

only if the program is approved under this section and in

accordance with such procedures as the Administrator may by

regulation prescribe.

"(2) Except as provided in subsection (b), the Administrator

shall approve a proposed program of job training of an employer

unless the Administrator determines that the application does not

contain a certification and other information meeting the

requirements established under this Act or that withholding of

approval is warranted under subsection (g).

"(b) The Administrator may not approve a program of job training

-

"(1) for employment which consists of seasonal, intermittent,

or temporary jobs;

"(2) for employment under which commissions are the primary

source of income;

"(3) for employment which involves political or religious

activities;

"(4) for employment with any department, agency,

instrumentality, or branch of the Federal Government (including

the United States Postal Service and the Postal Rate Commission);

or

"(5) if the training will not be carried out in a State.

"(c) An employer offering a program of job training that the

employer desires to have approved for the purposes of this Act

shall submit to the Administrator a written application for such

approval. Such application shall be in such form as the

Administrator shall prescribe.

"(d) An application under subsection (c) shall include a

certification by the employer of the following:

"(1) That the employer is planning that, upon a veteran's

completion of the program of job training, the employer will

employ the veteran in a position for which the veteran has been

trained and that the employer expects that such a position will

be available on a stable and permanent basis to the veteran at

the end of the training period.

"(2) That the wages and benefits to be paid to a veteran

participating in the employer's program of job training will be

not less than the wages and benefits normally paid to other

employees participating in a comparable program of job training.

"(3) That the employment of a veteran under the program -

"(A) will not result in the displacement of currently

employed workers (including partial displacement such as a

reduction in the hours of nonovertime work, wages, or

employment benefits); and

"(B) will not be in a job (i) while any other individual is

on layoff from the same or any substantially equivalent job, or

(ii) the opening for which was created as a result of the

employer having terminated the employment of any regular

employee or otherwise having reduced its work force with the

intention of hiring a veteran in such job under this Act.

"(4) That the employer will not employ in the program of job

training a veteran who is already qualified by training and

experience for the job for which training is to be provided.

"(5) That the job which is the objective of the training

program is one that involves significant training.

"(6) That the training content of the program is adequate, in

light of the nature of the occupation for which training is to be

provided and of comparable training opportunities in such

occupation, to accomplish the training objective certified under

clause (2) of subsection (e).

"(7) That each participating veteran will be employed full time

in the program of job training.

"(8) That the training period under the proposed program is not

longer than the training periods that employers in the community

customarily require new employees to complete in order to become

competent in the occupation or job for which training is to be

provided.

"(9) That there are in the training establishment or place of

employment such space, equipment, instructional material, and

instructor personnel as needed to accomplish the training

objective certified under clause (2) of subsection (e).

"(10) That the employer will keep records adequate to show the

progress made by each veteran participating in the program and

otherwise to demonstrate compliance with the requirements

established under this Act.

"(11) That the employer will furnish each participating

veteran, before the veteran's entry into training, with a copy of

the employer's certification under this subsection and will

obtain and retain the veteran's signed acknowledgment of having

received such certification.

"(12) That, as applicable, the employer will provide each

participating veteran with the full opportunity to participate in

a personal interview pursuant to section 14(b)(1)(A) during the

veteran's normal workday.

"(13) That the program meets such other criteria as the

Administrator may determine are essential for the effective

implementation of the program established by this Act.

"(e) A certification under subsection (d) shall include -

"(1) a statement indicating (A) the total number of hours of

participation in the program of job training to be offered a

veteran, (B) the length of the program of job training, and (C)

the starting rate of wages to be paid to a participant in the

program; and

"(2) a description of the training content of the program

(including any agreement the employer has entered into with an

educational institution under section 10) and of the objective of

the training.

"(f)(1) Except as specified in paragraph (2), each matter

required to be certified to in paragraphs (1) through (11) of

subsection (d) shall be considered to be a requirement established

under this Act.

"(2)(A) For the purposes of section 8(c), only matters required

to be certified in paragraphs (1) through (10) of subsection (d)

shall be so considered.

"(B) For the purposes of section 11, a matter required to be

certified under paragraph (12) of subsection (d) shall also be so

considered.

"(g) In accordance with regulations which the Administrator shall

prescribe, the Administrator may withhold approval of an employer's

proposed program of job training pending the outcome of an

investigation under section 12 and, based on the outcome of such an

investigation, may disapprove such program.

"(h) For the purposes of this section, approval of a program of

apprenticeship or other on-job training for the purposes of section

3687 of title 38, United States Code, shall be considered to meet

all requirements established under the provisions of this Act

(other than subsections (b) and (d)(3)) for approval of a program

of job training.

"PAYMENTS TO EMPLOYERS; OVERPAYMENT

"Sec. 8. (a)(1) Except as provided in paragraph (3) and

subsection (b) and subject to the provisions of section 9, the

Administrator shall make quarterly payments to an employer of a

veteran participating in an approved program of job training under

this Act. Subject to section 5(c) and paragraph (2), the amount

paid to an employer on behalf of a veteran for any period of time

shall be 50 percent of the product of (A) the starting hourly rate

of wages paid to the veteran by the employer (without regard to

overtime or premium pay), and (B) the number of hours worked by the

veteran during that period.

"(2) The total amount that may be paid to an employer on behalf

of a veteran participating in a program of job training under this

Act is $10,000.

"(3) In order to relieve financial burdens on business

enterprises with relatively few numbers of employees, the

Administrator may make payments under this Act on a monthly, rather

than quarterly, basis to an employer with a number of employees

less than a number which shall be specified in regulations which

the Administrator shall prescribe for the purposes of this

paragraph.

"(b) Payment may not be made to an employer for a period of

training under this Act on behalf of a veteran until the

Administrator has received -

"(1) from the veteran, a certification that the veteran was

employed full time by the employer in a program of job training

during such period; and

"(2) from the employer, a certification -

"(A) that the veteran was employed by the employer during

that period and that the veteran's performance and progress

during such period were satisfactory; and

"(B) of the number of hours worked by the veteran during that

period.

With respect to the first such certification by an employer with

respect to a veteran, the certification shall indicate the date on

which the employment of the veteran began and the starting hourly

rate of wages paid to the veteran (without regard to overtime or

premium pay).

"(c)(1)(A) Whenever the Administrator finds that an overpayment

under this Act has been made to an employer on behalf of a veteran

as a result of a certification, or information contained in an

application, submitted by an employer which was false in any

material respect, the amount of such overpayment shall constitute a

liability of the employer to the United States.

"(B) Whenever the Administrator finds that an employer has failed

in any substantial respect to comply for a period of time with a

requirement established under this Act (unless the employer's

failure is the result of false or incomplete information provided

by the veteran), each amount paid to the employer on behalf of a

veteran for that period shall be considered to be an overpayment

under this Act, and the amount of such overpayment shall constitute

a liability of the employer to the United States.

"(2) Whenever the Administrator finds that an overpayment under

this Act has been made to an employer on behalf of a veteran as a

result of a certification by the veteran, or as a result of

information provided to an employer or contained in an application

submitted by the veteran, which was willfully or negligently false

in any material respect, the amount of such overpayment shall

constitute a liability of the veteran to the United States.

"(3) Any overpayment referred to in paragraph (1) or (2) may be

recovered in the same manner as any other debt due the United

States. Any overpayment recovered shall be credited to funds

available to make payments under this Act. If there are no such

funds, any overpayment recovered shall be deposited into the

Treasury.

"(4) Any overpayment referred to in paragraph (1) or (2) may be

waived, in whole or in part, in accordance with the terms and

conditions set forth in section 5302 of title 38, United States

Code.

"ENTRY INTO PROGRAM OF JOB TRAINING

"Sec. 9. Notwithstanding any other provision of this Act, the

Administrator may withhold or deny approval of a veteran's entry

into an approved program of job training if the Administrator

determines that funds are not available to make payments under this

Act on behalf of the veteran to the employer offering that program.

Before the entry of a veteran into an approved program of job

training of an employer for purposes of assistance under this Act,

the employer shall notify the Administrator of the employer's

intention to employ that veteran. The veteran may begin such

program of job training with the employer two weeks after the

notice is transmitted to the Administrator unless within that time

the employer has received notice from the Administrator that

approval of the veteran's entry into that program of job training

must be withheld or denied in accordance with this section.

"PROVISION OF TRAINING THROUGH EDUCATIONAL INSTITUTIONS

"Sec. 10. An employer may enter into an agreement with an

educational institution that has been approved for the enrollment

of veterans under chapter 34 of title 38, United States Code, in

order that such institution may provide a program of job training

(or a portion of such a program) under this Act. When such an

agreement has been entered into, the application of the employer

under section 7 shall so state and shall include a description of

the training to be provided under the agreement.

"DISCONTINUANCE OF APPROVAL OF PARTICIPATION IN CERTAIN EMPLOYER

PROGRAMS

"Sec. 11. (a) If the Administrator finds at any time that a

program of job training previously approved by the Administrator

for the purposes of this Act thereafter fails to meet any of the

requirements established under this Act, the Administrator may

immediately disapprove further participation by veterans in that

program. The Administrator shall provide to the employer concerned,

and to each veteran participating in the employer's program, a

statement of the reasons for, and an opportunity for a hearing with

respect to, such disapproval. The employer and each such veteran

shall be notified of such disapproval, the reasons for such

disapproval, and the opportunity for a hearing. Notification shall

be by a certified or registered letter, and a return receipt shall

be secured.

"(b)(1) If the Administrator determines that the rate of

veterans' successful completion of an employer's programs of job

training previously approved by the Administrator for the purposes

of this Act is disproportionately low because of deficiencies in

the quality of such programs, the Administrator shall disapprove

participation in such programs on the part of veterans who had not

begun such participation on the date that the employer is notified

of the disapproval. In determining whether any such rate is

disproportionately low because of such deficiencies, the

Administrator shall take into account appropriate data, including -

"(A) the quarterly data provided by the Secretary with respect

to the number of veterans who receive counseling in connection

with training under this Act, are referred to employers under

this Act, participate in job training under this Act, complete

such training or do not complete such training, and the reasons

for noncompletion; and

"(B) data compiled through the particular employer's compliance

surveys.

"(2) With respect to a disapproval under paragraph (1), the

Administrator shall provide to the employer concerned the kind of

statement, opportunity for hearing, and notice described in

subsection (a).

"(3) A disapproval under paragraph (1) shall remain in effect

until such time as the Administrator determines that adequate

remedial action has been taken.

"INSPECTION OF RECORDS; INVESTIGATIONS

"Sec. 12. (a) The records and accounts of employers pertaining to

veterans on behalf of whom assistance has been paid under this Act,

as well as other records that the Administrator determines to be

necessary to ascertain compliance with the requirements established

under this Act, shall be available at reasonable times for

examination by authorized representatives of the Federal

Government.

"(b) The Administrator may monitor employers and veterans

participating in programs of job training under this Act to

determine compliance with the requirements established under this

Act.

"(c) The Administrator may investigate any matter the

Administrator considers necessary to determine compliance with the

requirements established under this Act. The investigations

authorized by this subsection may include examining records

(including making certified copies of records), questioning

employees, and entering into any premises or onto any site where

any part of a program of job training is conducted under this Act,

or where any of the records of the employer offering or providing

such program are kept.

"(d) The Administrator may administer functions under subsections

(b) and (c) in accordance with an agreement between the

Administrator and the Secretary providing for the administration of

such subsections (or any portion of such subsections) by the

Department of Labor. Under such an agreement, any entity of the

Department of Labor specified in the agreement may administer such

subsections, notwithstanding section 4(b).

"COORDINATION WITH OTHER PROGRAMS

"Sec. 13. (a)(1) Assistance may not be paid under this Act to an

employer on behalf of a veteran for any period of time described in

paragraph (2) and to such veteran under chapter 31, 32, 34, 35, or

36 of title 38, United States Code, for the same period of time.

"(2) A period of time referred to in paragraph (1) is the period

of time beginning on the date on which the veteran enters into an

approved program of job training of an employer for purposes of

assistance under this Act and ending on the last date for which

such assistance is payable.

"(b) Assistance may not be paid under this Act to an employer on

behalf of an eligible veteran for any period if the employer

receives for that period any other form of assistance on account of

the training or employment of the veteran, including assistance

under title I of the Workforce Investment Act of 1998 [29 U.S.C.

2801 et seq.] or a credit under section 44B of the Internal Revenue

Code of 1954 (26 U.S.C. 44B) (relating to credit for employment of

certain new employees).

"(c) Assistance may not be paid under this Act on behalf of a

veteran who has completed a program of job training under this Act.

"COUNSELING

"Sec. 14. (a)(1) The Administrator and the Secretary may, upon

request, provide employment counseling services to any veteran

eligible to participate under this Act in order to assist such

veteran in selecting a suitable program of job training under this

Act.

"(2) The Administrator shall, after consultation with the

Secretary, provide a program of job-readiness skills development

and counseling services designed to assist veterans in need of such

assistance in finding, applying for, and successfully participating

in a suitable program of job training under this Act. As part of

providing such services, the Administrator shall coordinate

activities, to the extent practicable, with the readjustment

counseling program described in section 1712A of title 38, United

States Code. The Administrator shall advise veterans participating

under this Act of the availability of such services and encourage

them to request such services whenever appropriate.

"(b)(1) The Secretary shall provide for a program under which -

"(A) except as provided in paragraph (2), a disabled veteran's

outreach program specialist appointed under section 4103A(a) of

title 38, United States Code, is assigned as a case manager for

each veteran participating in a program of job training under

this Act;

"(B) the veteran has an in-person interview with the case

manager not later than 60 days after entering into a program of

training under this Act; and

"(C) periodic (not less frequent than monthly) contact is

maintained with each such veteran for the purpose of (i) avoiding

unnecessary termination of employment, (ii) referring the veteran

to appropriate counseling, if necessary, (iii) facilitating the

veteran's successful completion of such program, and (iv)

following up with the employer and the veteran in order to

determine the veteran's progress in the program and the outcome

regarding the veteran's participation in and successful

completion of the program.

"(2) No case manager shall be assigned pursuant to paragraph

(1)(A) -

"(A) for a veteran if, on the basis of a recommendation made by

a disabled veterans' outreach program specialist, the Secretary

determines that there is no need for a case manager for such

veteran; or

"(B) in the case of the employees of an employer, if the

Secretary determines that -

"(i) the employer has an appropriate and effective employee

assistance program that is available to all veterans

participating in the employer's programs of job training under

this Act; or

"(ii) the rate of veterans' successful completion of the

employer's programs of job training under this Act, either

cumulatively or during the previous program year, is 60 percent

or higher.

"(3) The Secretary and the Administrator shall jointly provide,

to the extent feasible -

"(A) a program of counseling or other services (to be provided

pursuant to subchapter IV of chapter 3 [now subchapter II of

chapter 77] of title 38, United States Code, and sections 1712A,

4103A, and 4104 of such title) designed to resolve difficulties

that may be encountered by veterans during their training under

this Act; and

"(B) a program of information services under which -

"(i) each veteran who enters into a program of job training

under this Act and each employer participating under this Act

is informed of the supportive services and resources available

to the veteran (I) under clauses (A) and (B), (II) through

Veterans' Administration counseling and career-development

activities (especially, in the case of a Vietnam-era veteran,

readjustment counseling services under section 1712A of such

title) and under title I of the Workforce Investment Act of

1998 [29 U.S.C. 2801 et seq.], and (III) through other

appropriate agencies in the community; and

"(ii) veterans and employers are encouraged to request such

services whenever appropriate.

"(c) Before a veteran who voluntarily terminates from a program

of job training under this Act or is involuntarily terminated from

such program by the employer may be eligible to be provided with a

further certificate, or renewal of certification, of eligibility

for participation under this Act, such veteran must be provided by

the Secretary, after consultation with the Administrator, with a

case manager.

"(d) Payments made under this Act pursuant to contracts entered

into for the provision of job-readiness skills development and

counseling services under subsection (a)(2) may only be paid out of

the same account used to make payments under section 3104(a)(7) of

title 38, United States Code, and the amount paid out of such

account in any fiscal year for such services shall not exceed an

amount equal to 5 percent of the amount obligated to carry out this

Act for such fiscal year, except that for fiscal year 1988 the

amount shall not exceed 5 percent of the amount available to carry

out this Act on October 1, 1987.

"INFORMATION AND OUTREACH; USE OF AGENCY RESOURCES

"Sec. 15. (a)(1) The Administrator and the Secretary shall

jointly provide for an outreach and public information program -

"(A) to inform veterans about the employment and job training

opportunities available under this Act, under chapters 31, 34,

36, 41, and 42 of title 38, United States Code, and under other

provisions of law; and

"(B) to inform private industry and business concerns

(including small business concerns), public agencies and

organizations, educational institutions, trade associations, and

labor unions about the job training opportunities available

under, and the advantages of participating in, the program

established by this Act.

"(2) The Secretary, in consultation with the Administrator, shall

promote the development of employment and job training

opportunities for veterans by encouraging potential employers to

make programs of job training under this Act available for eligible

veterans, by advising other appropriate Federal departments and

agencies of the program established by this Act, and by advising

employers of applicable responsibilities under chapters 41 and 42

of title 38, United States Code, with respect to veterans.

"(b) The Administrator and the Secretary shall coordinate the

outreach and public information program under subsection (a)(1),

and job development activities under subsection (a)(2), with job

counseling, placement, job development, and other services provided

for under chapters 41 and 42 of title 38, United States Code, and

with other similar services offered by other public agencies and

organizations.

"(c)(1) The Administrator and the Secretary shall make available

in regional and local offices of the Veterans' Administration and

the Department of Labor such personnel as are necessary to

facilitate the effective implementation of this Act.

"(2) In carrying out the responsibilities of the Secretary under

this Act, the Secretary shall make maximum use of the services of

Directors and Assistant Directors for Veterans' Employment and

Training, disabled veterans' outreach program specialists, and

employees of local offices appointed pursuant to sections 4103,

4103A, and 4104 of title 38, United States Code. The Secretary

shall also use such resources as are available under title I of the

Workforce Investment Act of 1998 [29 U.S.C. 2801 et seq.]. To the

extent that the Administrator withholds approval of veterans'

applications under this Act pursuant to section 5(b)(2)(B), the

Secretary shall take steps to assist such veterans in taking

advantage of opportunities that may be available to them under

title I of the Workforce Investment Act of 1998 [29 U.S.C. 2801 et

seq.] or under any other program carried out with funds provided by

the Secretary.

"(d) The Secretary shall request and obtain from the

Administrator of the Small Business Administration a list of small

business concerns and shall, on a regular basis, update such list.

Such list shall be used to identify and promote possible training

and employment opportunities for veterans.

"(e) The Administrator and the Secretary shall assist veterans

and employers desiring to participate under this Act in making

application and completing necessary certifications.

"(f) The Secretary shall, on a not less frequent than quarterly

basis, collect and compile from the heads of State employment

services and Directors for Veterans' Employment and Training for

each State information available to such heads and Directors, and

derived from programs carried out in their respective States, with

respect to the numbers of veterans who receive counseling services

pursuant to section 14, who are referred to employers participating

under this Act, who participate in programs of job training under

this Act, and who complete such programs, and the reasons for

veterans' noncompletion.

"AUTHORIZATION OF APPROPRIATIONS

"Sec. 16. (a) There is authorized to be appropriated to the

Veterans' Administration (1) $150,000,000 for each of fiscal years

1984 and 1985, (2) a total of $65,000,000 for fiscal years 1986,

and 1987, and (3) $60,000,000 for each of the fiscal years 1988 and

1989 for the purpose of making payments to employers under this Act

and for the purpose of section 18 of this Act. Amounts appropriated

pursuant to this section shall remain available until September 30,

1991.

"(b) Notwithstanding any other provision of law, any funds

appropriated under subsection (a) for any fiscal year which are

obligated for the purpose of making payments under section 8 on

behalf of a veteran (including funds so obligated which previously

had been obligated for such purpose on behalf of another veteran

and were thereafter deobligated) and are later deobligated shall

immediately upon deobligation become available to the Administrator

for obligation for such purpose. The further obligation of such

funds by the Administrator for such purpose shall not be delayed,

directly or indirectly, in any manner by any officer or employee in

the executive branch.

"TIME PERIODS FOR APPLICATION AND INITIATION OF TRAINING

"Sec. 17. Assistance may not be paid to an employer under this

Act -

"(1) on behalf of a veteran who initially applies for a program

of job training under this Act after September 30, 1989; or

"(2) for any such program which begins after March 31, 1990.

"EXPANSION OF TARGETED DELIMITING DATE EXTENSION

"Sec. 18. (a) Subject to the limitation on the availability of

funds set forth in subsection (b), an associate degree program

which is predominantly vocational in content may be considered by

the Administrator, for the purposes of section 3462(a)(3) of title

38, United States Code, to be a course with an approved vocational

objective if such degree program meets the requirements established

in such title for approval of such program.

"(b) Funds for the purpose of carrying out subsection (a) shall

be derived only from amounts appropriated pursuant to the

authorizations of appropriations in section 16. Not more than a

total of $25,000,000 of amounts so appropriated for fiscal years

1984 and 1985 shall be available for that purpose.

"EFFECTIVE DATE

"Sec. 19. This Act shall take effect on October 1, 1983."

[Amendment of Pub. L. 98-77, set out above, by Pub. L. 100-323

effective on 60th day after May 20, 1988, see section 16(b)(2) of

Pub. L. 100-323, set out as a note under section 3104 of Title 38,

Veterans' Benefits.]

[Pub. L. 99-238, title II, Sec. 201(f), Jan. 13, 1986, 99 Stat.

1768, provided that:

["(1) Except as provided in paragraph (2), the amendments made by

this section [amending Pub. L. 98-77 above] shall take effect on

the date of the enactment of this Act [Jan. 13, 1986].

["(2) The amendment made by subsection (e)(2) [amending section

17(a)(1) of Pub. L. 98-77 above] shall take effect on February 1,

1986."]

COORDINATION WITH PROGRAMS UNDER OTHER LAWS

For provisions requiring coordination of programs under section

3116(b) of Title 38, Veterans' Benefits, with programs under the

Veterans' Job Training Act, Pub. L. 98-77, set out above, see

section 202 of Pub. L. 99-238, set out as a note under section 3116

of Title 38.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2915, 2919 of this title.

-End-

-CITE-

29 USC Sec. 2914 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER IV - NATIONAL PROGRAMS

-HEAD-

Sec. 2914. Youth opportunity grants

-STATUTE-

(a) Grants

(1) In general

Using funds made available under section 2852(b)(1)(A) of this

title, the Secretary shall make grants to eligible local boards

and eligible entities described in subsection (d) of this section

to provide activities described in subsection (b) of this section

for youth to increase the long-term employment of youth who live

in empowerment zones, enterprise communities, and high poverty

areas and who seek assistance.

(2) Definition

In this section, the term "youth" means an individual who is

not less than age 14 and not more than age 21.

(3) Grant period

The Secretary may make a grant under this section for a 1-year

period, and may renew the grant for each of the 4 succeeding

years.

(4) Grant awards

In making grants under this section, the Secretary shall ensure

that grants are distributed equitably among local boards and

entities serving urban areas and local boards and entities

serving rural areas, taking into consideration the poverty rate

in such urban and rural areas, as described in subsection

(c)(3)(B) of this section.

(b) Use of funds

(1) In general

A local board or entity that receives a grant under this

section shall use the funds made available through the grant to

provide activities that meet the requirements of section 2854 of

this title, except as provided in paragraph (2), as well as youth

development activities such as activities relating to leadership

development, citizenship, and community service, and recreation

activities.

(2) Intensive placement and followup services

In providing activities under this section, a local board or

entity shall provide -

(A) intensive placement services; and

(B) followup services for not less than 24 months after the

completion of participation in the other activities described

in this subsection, as appropriate.

(c) Eligible local boards

To be eligible to receive a grant under this section, a local

board shall serve a community that -

(1) has been designated as an empowerment zone or enterprise

community under section 1391 of title 26;

(2)(A) is a State without a zone or community described in

paragraph (1); and

(B) has been designated as a high poverty area by the Governor

of the State; or

(3) is 1 of 2 areas in a State that -

(A) have been designated by the Governor as areas for which a

local board may apply for a grant under this section; and

(B) meet the poverty rate criteria set forth in subsections

(a)(4), (b), and (d) of section 1392 of title 26.

(d) Eligible entities

To be eligible to receive a grant under this section, an entity

(other than a local board) shall -

(1) be a recipient of financial assistance under section 2911

of this title; and

(2) serve a community that -

(A) meets the poverty rate criteria set forth in subsections

(a)(4), (b), and (d) of section 1392 of title 26; and

(B) is located on an Indian reservation or serves Oklahoma

Indians or Alaska Natives.

(e) Application

To be eligible to receive a grant under this section, a local

board or entity shall submit an application to the Secretary at

such time, in such manner, and containing such information as the

Secretary may require, including -

(1) a description of the activities that the local board or

entity will provide under this section to youth in the community

described in subsection (c) of this section;

(2) a description of the performance measures negotiated under

subsection (f) of this section, and the manner in which the local

boards or entities will carry out the activities to meet the

performance measures;

(3) a description of the manner in which the activities will be

linked to activities described in section 2854 of this title; and

(4) a description of the community support, including financial

support through leveraging additional public and private

resources, for the activities.

(f) Performance measures

(1) In general

The Secretary shall negotiate and reach agreement with the

local board or entity on performance measures for the indicators

of performance referred to in subparagraphs (A) and (B) of

section 2871(b)(2) of this title that will be used to evaluate

the performance of the local board or entity in carrying out the

activities described in subsection (b) of this section. Each

local performance measure shall consist of such a (!1) indicator

of performance, and a performance level referred to in paragraph

(2).

(2) Performance levels

The Secretary shall negotiate and reach agreement with the

local board or entity regarding the levels of performance

expected to be achieved by the local board or entity on the

indicators of performance.

(g) Role model academy project

(1) In general

Using the funds made available pursuant to section

2852(b)(1)(A)(iv) of this title for fiscal year 1999, the

Secretary shall provide assistance to an entity to carry out a

project establishing a role model academy for out-of-school

youth.

(2) Residential center

The entity shall use the assistance to establish an academy

that consists of a residential center located on the site of a

military installation closed or realigned pursuant to a law

providing for closures and realignments of such installations.

(3) Services

The academy established pursuant to this subsection shall

provide services that -

(A) utilize a military style model that emphasizes leadership

skills and discipline, or another model of demonstrated

effectiveness; and

(B) include vocational training, secondary school course work

leading to a secondary school diploma or recognized equivalent,

and the use of mentors who serve as role models and who provide

academic training and career counseling to the youth.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 169, Aug. 7, 1998, 112 Stat. 1028;

Pub. L. 106-113, div. B, Sec. 1000(a)(4) [title V, Sec. 518], Nov.

29, 1999, 113 Stat. 1535, 1501A-276.)

-MISC1-

AMENDMENTS

1999 - Subsec. (d)(2)(B). Pub. L. 106-113 substituted "or Alaska

Natives." for "or Alaska Native villages or Native groups (as such

terms are defined in section 1602 of title 43)."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2822, 2852, 2915 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be "an".

-End-

-CITE-

29 USC Sec. 2915 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER IV - NATIONAL PROGRAMS

-HEAD-

Sec. 2915. Technical assistance

-STATUTE-

(a) General technical assistance

(1) In general

The Secretary shall provide, coordinate, and support the

development of, appropriate training, technical assistance, staff

development, and other activities, including assistance in

replicating programs of demonstrated effectiveness, to States and

localities, and, in particular, to assist States in making

transitions from carrying out activities under the provisions of

law repealed under section 199 (!1) to carrying out activities

under this chapter.

(2) Form of assistance

In carrying out paragraph (1) on behalf of a State, or

recipient of financial assistance under any of sections 2911

through 2914 of this title, the Secretary, after consultation

with the State or grant recipient, may award grants and enter

into contracts and cooperative agreements.

(3) Limitation

Grants or contracts awarded under paragraph (1) to entities

other than States or local units of government that are for

amounts in excess of $100,000 shall only be awarded on a

competitive basis.

(b) Dislocated worker technical assistance

(1) Authority

Of the amounts available pursuant to section 2862(a)(2) of this

title, the Secretary shall reserve not more than 5 percent of

such amounts to provide technical assistance to States that do

not meet the State performance measures described in section 2871

of this title with respect to employment and training activities

for dislocated workers. Using such reserved funds, the Secretary

may provide such assistance to other States, local areas, and

other entities involved in providing assistance to dislocated

workers, to promote the continuous improvement of assistance

provided to dislocated workers, under this chapter.

(2) Training

Amounts reserved under this subsection may be used to provide

for the training of staff, including specialists, who provide

rapid response services. Such training shall include instruction

in proven methods of promoting, establishing, and assisting

labor-management committees. Such projects shall be administered

through the dislocated worker office described in section 2918(b)

of this title.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 170, Aug. 7, 1998, 112 Stat. 1030;

Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 401(9),

(10)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-411.)

-REFTEXT-

REFERENCES IN TEXT

Section 199, referred to in subsec. (a)(1), is section 199 of

Pub. L. 105-220, title I, Aug. 7, 1998, 112 Stat. 1058. Section 199

repealed sections 1501 to 1505, 1511 to 1583, 1592 to 1735, 1737,

1751 to 1791h, 1792 to 1792b, and 2301 to 2314 of this title,

section 211 of former Title 40, Appendix, Public Buildings,

Property, and Works, sections 11421, 11441 to 11447, 11449, 11450,

11461 to 11466, 11471, and 11472 of Title 42, The Public Health and

Welfare, sections 42101 to 42106 of Title 49, Transportation, and

provisions set out as notes under sections 801, 1501, and 2301 of

this title and section 1255a of Title 8, Aliens and Nationality.

For complete classification of this section to the Code, see

Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(1). Pub. L. 105-277, Sec. 101(f) [title VIII,

Sec. 401(9)], substituted "carrying out activities under this

chapter" for "carry out activities under this chapter".

Subsec. (b)(2). Pub. L. 105-277, Sec. 101(f) [title VIII, Sec.

401(10)], substituted "section 2918(b)" for "section 2919(b)".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2862, 2871, 2919 of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

29 USC Sec. 2916 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER IV - NATIONAL PROGRAMS

-HEAD-

Sec. 2916. Demonstration, pilot, multiservice, research, and

multistate projects

-STATUTE-

(a) Strategic plan

(1) In general

After consultation with States, localities, and other

interested parties, the Secretary shall, every 2 years, publish

in the Federal Register, a plan that describes the demonstration

and pilot (including dislocated worker demonstration and pilot),

multiservice, research, and multistate project priorities of the

Department of Labor concerning employment and training for the

5-year period following the submission of the plan. Copies of the

plan shall be transmitted to the appropriate committees of

Congress.

(2) Factors

The plan published under paragraph (1) shall contain strategies

to address national employment and training problems and take

into account factors such as -

(A) the availability of existing research (as of the date of

the publication);

(B) the need to ensure results that have interstate validity;

(C) the benefits of economies of scale and the efficiency of

proposed projects; and

(D) the likelihood that the results of the projects will be

useful to policymakers and stakeholders in addressing

employment and training problems.

(b) Demonstration and pilot projects

(1) In general

Under a plan published under subsection (a) of this section,

the Secretary shall, through grants or contracts, carry out

demonstration and pilot projects for the purpose of developing

and implementing techniques and approaches, and demonstrating the

effectiveness of specialized methods, in addressing employment

and training needs. Such projects shall include the provision of

direct services to individuals to enhance employment

opportunities and an evaluation component and may include -

(A) the establishment of advanced manufacturing technology

skill centers developed through local partnerships of industry,

labor, education, community-based organizations, and economic

development organizations to meet unmet, high-tech skill needs

of local communities;

(B) projects that provide training to upgrade the skills of

employed workers who reside and are employed in enterprise

communities or empowerment zones;

(C) programs conducted jointly with the Department of Defense

to develop training programs utilizing computer-based and other

innovative learning technologies;

(D) projects that promote the use of distance learning,

enabling students to take courses through the use of media

technology such as videos, teleconferencing computers, and the

Internet;

(E) projects that assist in providing comprehensive services

to increase the employment rates of out-of-school youth

residing in targeted high poverty areas within empowerment

zones and enterprise communities;

(F) the establishment of partnerships with national

organizations with special expertise in developing, organizing,

and administering employment and training services, for

individuals with disabilities, at the national, State, and

local levels;

(G) projects to assist public housing authorities that

provide, to public housing residents, job training programs

that demonstrate success in upgrading the job skills and

promoting employment of the residents; and

(H) projects that assist local areas to develop and implement

local self-sufficiency standards to evaluate the degree to

which participants in programs under this chapter are achieving

self-sufficiency.

(2) Limitations

(A) Competitive awards

Grants or contracts awarded for carrying out demonstration

and pilot projects under this subsection shall be awarded in

accordance with generally applicable Federal requirements.

(B) Eligible entities

Grants or contracts may be awarded under this subsection only

to -

(i) entities with recognized expertise in -

(I) conducting national demonstration projects;

(II) utilizing state-of-the-art demonstration methods; or

(III) conducting evaluations of workforce investment

projects; or

(ii) State and local entities with expertise in operating

or overseeing workforce investment programs.

(C) Time limits

The Secretary shall establish appropriate time limits for

carrying out demonstration and pilot projects under this

subsection.

(c) Multiservice projects, research projects, and multistate

projects

(1) Multiservice projects

Under a plan published under subsection (a) of this section,

the Secretary shall, through grants or contracts, carry out

multiservice projects -

(A) that will test an array of approaches to the provision of

employment and training services to a variety of targeted

populations;

(B) in which the entity carrying out the project, in

conjunction with employers, organized labor, and other groups

such as the disability community, will design, develop, and

test various training approaches in order to determine

effective practices; and

(C) that will assist in the development and replication of

effective service delivery strategies for targeted populations

for the national employment and training system as a whole.

(2) Research projects

(A) In general

Under a plan published under subsection (a) of this section,

the Secretary shall, through grants or contracts, carry out

research projects that will contribute to the solution of

employment and training problems in the United States.

(B) Formula improvement study and report

(i) Study

The Secretary shall conduct a 2-year study concerning

improvements in the formulas described in section

2862(b)(1)(B) of this title and paragraphs (2)(A) and (3) of

section 2863(b) of this title (regarding distributing funds

under subchapter II of this chapter to States and local areas

for adult employment and training activities). In conducting

the study, the Secretary shall examine means of improving the

formulas by -

(I) developing formulas based on statistically reliable

data;

(II) developing formulas that are consistent with the

goals and objectives of this chapter; and

(III) developing formulas based on organizational and

financial stability of State boards and local boards.

(ii) Report

The Secretary shall prepare and submit to Congress a report

containing the results of the study, including

recommendations for improved formulas.

(3) Multistate projects

(A) In general

(i) Authority

Under a plan published under subsection (a) of this

section, the Secretary may, through grants or contracts,

carry out multistate projects that require demonstrated

expertise that is available at the national level to

effectively disseminate best practices and models for

implementing employment and training services, address the

specialized employment and training needs of particular

service populations, or address industry-wide skill

shortages.

(ii) Design of grants

Grants or contracts awarded under this subsection shall be

designed to obtain information relating to the provision of

services under different economic conditions or to various

demographic groups in order to provide guidance at the

national and State levels about how best to administer

specific employment and training services.

(4) Limitations

(A) Competitive awards

Grants or contracts awarded for carrying out projects under

this subsection in amounts that exceed $100,000 shall be

awarded only on a competitive basis, except that a

noncompetitive award may be made in the case of a project that

is funded jointly with other public or private sector entities

that provide a substantial portion of assistance under the

grant or contract for the project.

(B) Time limits

A grant or contract shall not be awarded under this

subsection to the same organization for more than 3 consecutive

years unless such grant or contract is competitively

reevaluated within such period.

(C) Peer review

(i) In general

The Secretary shall utilize a peer review process -

(I) to review and evaluate all applications for grants in

amounts that exceed $500,000 that are submitted under this

section; and

(II) to review and designate exemplary and promising

programs under this section.

(ii) Availability of funds

The Secretary is authorized to use funds provided under

this section to carry out peer review activities under this

subparagraph.

(D) Priority

In awarding grants or contracts under this subsection,

priority shall be provided to entities with nationally

recognized expertise in the methods, techniques, and knowledge

of workforce investment activities and shall include

appropriate time limits, established by the Secretary, for the

duration of such projects.

(d) Dislocated worker projects

Of the amount made available pursuant to section 2862(a)(2)(A) of

this title for any program year, the Secretary shall use not more

than 10 percent of such amount to carry out demonstration and pilot

projects, multiservice projects, and multistate projects, relating

to the employment and training needs of dislocated workers. Of the

requirements of this section, such projects shall be subject only

to the provisions relating to review and evaluation of applications

under subsection (c)(4)(C) of this section. Such projects may

include demonstration and pilot projects relating to promoting

self-employment, promoting job creation, averting dislocations,

assisting dislocated farmers, assisting dislocated fishermen, and

promoting public works. Such projects shall be administered through

the dislocated worker office described in section 2918(b) of this

title.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 171, Aug. 7, 1998, 112 Stat. 1031;

Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 401(11)],

Oct. 21, 1998, 112 Stat. 2681-337, 2681-411.)

-MISC1-

AMENDMENTS

1998 - Subsec. (b)(2)(A). Pub. L. 105-277, which directed the

amendment of subsec. (b)(2) of this section by substituting "in

accordance with generally applicable Federal requirements." for "

'only on a competitive' and all that follows through the period",

was executed to subsec. (b)(2)(A) by making the substitution for

"only on a competitive basis, except that a noncompetitive award

may be made in the case of a project that is funded jointly with

other public or private sector entities that provide a portion of

the funding for the project.", to reflect the probable intent of

Congress.

DEMONSTRATION PROGRAMS AND PROJECTS TO PROVIDE TECHNICAL SKILLS

TRAINING FOR WORKERS

Pub. L. 105-277, div. C, title IV, Sec. 414(c), Oct. 21, 1998,

112 Stat. 2681-653, as amended, formerly set out as a note under

this section, was transferred and is classified to section 2916a of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2862, 2916a, 2917, 2919,

2939 of this title.

-End-

-CITE-

29 USC Sec. 2916a 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER IV - NATIONAL PROGRAMS

-HEAD-

Sec. 2916a. Demonstration programs and projects to provide

technical skills training for workers

-STATUTE-

(1) In general

(A) Funding

The Secretary of Labor shall use funds available under section

1356(s)(2) of title 8 to establish demonstration programs or

projects to provide technical skills training for workers,

including both employed and unemployed workers.

(B) Training provided

Training funded by a program or project described in

subparagraph (A) shall be for persons who are currently employed

and who wish to obtain and upgrade skills as well as for persons

who are unemployed. Such training is not limited to skill levels

commensurate with a four-year undergraduate degree, but should

include the preparation of workers for a broad range of positions

along a career ladder. Consideration shall be given to the use of

grant funds to demonstrate a significant ability to expand a

training program or project through such means as training more

workers or offering more courses, and training programs or

projects resulting from collaborations, especially with more than

one small business or with a labor-management training program or

project. The need for the training shall be justified through

reliable regional, State, or local data.

(2) Grants

(A) Eligibility

To carry out the programs and projects described in paragraph

(1)(A), the Secretary of Labor shall, in consultation with the

Secretary of Commerce, subject to the availability of funds in

the H-1B Nonimmigrant Petitioner Account, award -

(i) 75 percent of the grants to a local workforce investment

board established under section 116(b) [29 U.S.C. 2831(b)] or

section 117 of the Workforce Investment Act of 1998 (29 U.S.C.

2832) or consortia of such boards in a region. Each workforce

investment board or consortia of boards receiving grant funds

shall represent a local or regional public-private partnership

consisting of at least -

(I) one workforce investment board;

(II) one community-based organization or higher education

institution or labor union; and

(III) one business or business-related nonprofit

organization such as a trade association: Provided, That the

activities of such local or regional public-private

partnership described in this subsection shall be conducted

in coordination with the activities of the relevant local

workforce investment board or boards established under the

Workforce Investment Act of 1998 (29 U.S.C. 2832); and

(ii) 25 percent of the grants under the Secretary of Labor's

authority to award grants for demonstration projects or

programs under section 171 of the Workforce Investment Act (!1)

(29 U.S.C. 2916) to partnerships that shall consist of at least

2 businesses or a business-related nonprofit organization that

represents more than one business, and that may include any

educational, labor, community organization, or workforce

investment board, except that such grant funds may be used only

to carry out a strategy that would otherwise not be eligible

for funds provided under clause (i), due to barriers in meeting

those partnership eligibility criteria, on a national,

multistate, regional, or rural area (such as rural telework

programs) basis.

(B) Designation of responsible fiscal agents

Each partnership formed under subparagraph (A) shall designate

a responsible fiscal agent to receive and disburse grant funds

under this subsection.

(C) Partnership considerations

Consideration in the awarding of grants shall be given to any

partnership that involves and directly benefits more than one

small business (each consisting of 100 employees or less).

(D) Allocation of grants

In making grants under this paragraph, the Secretary shall make

every effort to fairly distribute grants across rural and urban

areas, and across the different geographic regions of the United

States. The total amount of grants awarded to carry out programs

and projects described in paragraph (1)(A) shall be allocated as

follows:

(i) At least 80 percent of the grants shall be awarded to

programs and projects that train employed and unemployed

workers in skills in high technology, information technology,

and biotechnology, including skills needed for software and

communications services, telecommunications, systems

installation and integration, computers and communications

hardware, advanced manufacturing, health care technology,

biotechnology and biomedical research and manufacturing, and

innovation services.

(ii) No more than 20 percent of the grants shall be available

to programs and projects that train employed and unemployed

workers for skills related to any single specialty occupation,

as defined in section 1184(i) of title 8.

(3) Start-up funds

(A) In general

Except as provided in subparagraph (B), not more than 5 percent

of any single grant, or not to exceed $75,000, whichever is less,

may be used toward the start-up costs of partnerships or new

training programs and projects.

(B) Exception

In the case of partnerships consisting primarily of small

businesses, not more than 10 percent of any single grant, or

$150,000, whichever is less, may be used toward the start-up

costs of partnerships or new training programs and projects.

(C) Duration of start-up period

For purposes of this subsection, a start-up period consists of

a period of not more than 2 months after the grant period begins,

at which time training shall immediately begin and no further

Federal funds may be used for start-up purposes.

(4) Training outcomes

(A) Consideration for certain programs and projects

Consideration in the awarding of grants shall be given to

applicants that provide a specific, measurable commitment upon

successful completion of a training course, to -

(i) hire or effectuate the hiring of unemployed trainees

(where applicable);

(ii) increase the wages or salary of incumbent workers (where

applicable); and

(iii) provide skill certifications to trainees or link the

training to industry-accepted occupational skill standards,

certificates, or licensing requirements.

(B) Requirements for grant applications

Applications for grants shall -

(i) articulate the level of skills that workers will be

trained for and the manner by which attainment of those skills

will be measured;

(ii) include an agreement that the program or project shall

be subject to evaluation by the Secretary of Labor to measure

its effectiveness; and

(iii) in the case of an application for a grant under

paragraph (2)(A)(ii), explain what barriers prevent the

strategy from being implemented through a grant made under

paragraph (2)(A)(i).

(5) Matching funds

Each application for a grant to carry out a program or project

described in paragraph (1)(A) shall state the manner by which the

partnership will provide non-Federal matching resources (cash, or

in-kind contributions, or both) equal to at least 50 percent of the

total grant amount awarded under paragraph (2)(A)(i), and at least

100 percent of the total grant amount awarded under paragraph

(2)(A)(ii). At least one-half of the non-Federal matching funds

shall be from the business or businesses or business-related

nonprofit organizations involved. Consideration in the award of

grants shall be given to applicants that provide a specific

commitment or commitments of resources from other public or private

sources, or both, so as to demonstrate the long-term sustainability

of the training program or project after the grant expires.

(6) Administrative costs

An entity that receives a grant to carry out a program or project

described in paragraph (1)(A) may not use more than 10 percent of

the amount of the grant to pay for administrative costs associated

with the program or project.

-SOURCE-

(Pub. L. 105-277, div. C, title IV, Sec. 414(c), Oct. 21, 1998, 112

Stat. 2681-653; Pub. L. 106-313, title I, Sec. 111, Oct. 17, 2000,

114 Stat. 1257.)

-REFTEXT-

REFERENCES IN TEXT

The Workforce Investment Act of 1998, referred to in par.

(2)(A)(i)(III), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as

amended. For complete classification of this Act to the Code, see

Short Title note set out under section 9201 of Title 20, Education,

and Tables.

-COD-

CODIFICATION

Section was formerly set out as a note under section 2916 of this

title.

Section was enacted as part of the American Competitiveness and

Workforce Improvement Act of 1998 and also as part of the Omnibus

Consolidated and Emergency Supplemental Appropriations Act, 1999,

and not as part of title I of the Workforce Investment Act of 1998

which comprises this chapter.

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-313 amended section catchline and text

generally. Prior to amendment, text read as follows:

"(1) In general. - In establishing demonstration programs under

section 1732(c) of this title, as in effect on October 21, 1998, or

demonstration programs or projects under section 2916(b) of this

title, the Secretary of Labor shall use funds available under

section 1356(s)(2) of title 8 to establish demonstration programs

or projects to provide technical skills training for workers,

including both employed and unemployed workers.

"(2) Grants. - The Secretary of Labor shall award grants to carry

out the programs and projects described in paragraph (1) to -

"(A)(i) private industry councils established under section

1512 of this title, as in effect on October 21, 1998; or

"(ii) local boards that will carry out such programs or

projects through one-stop delivery systems established under

section 2841 of this title; or

"(B) regional consortia of councils or local boards described

in subparagraph (A)."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 8 section 1356.

-FOOTNOTE-

(!1) So in original. Probably should be followed by "of 1998".

-End-

-CITE-

29 USC Sec. 2917 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER IV - NATIONAL PROGRAMS

-HEAD-

Sec. 2917. Evaluations

-STATUTE-

(a) Programs and activities carried out under this chapter

For the purpose of improving the management and effectiveness of

programs and activities carried out under this chapter, the

Secretary shall provide for the continuing evaluation of the

programs and activities, including those programs and activities

carried out under section 2916 of this title. Such evaluations

shall address -

(1) the general effectiveness of such programs and activities

in relation to their cost, including the extent to which the

programs and activities -

(A) improve the employment competencies of participants in

comparison to comparably-situated individuals who did not

participate in such programs and activities; and

(B) to the extent feasible, increase the level of total

employment over the level that would have existed in the

absence of such programs and activities;

(2) the effectiveness of the performance measures relating to

such programs and activities;

(3) the effectiveness of the structure and mechanisms for

delivery of services through such programs and activities;

(4) the impact of the programs and activities on the community

and participants involved;

(5) the impact of such programs and activities on related

programs and activities;

(6) the extent to which such programs and activities meet the

needs of various demographic groups; and

(7) such other factors as may be appropriate.

(b) Other programs and activities

The Secretary may conduct evaluations of other federally funded

employment-related programs and activities under other provisions

of law.

(c) Techniques

Evaluations conducted under this section shall utilize

appropriate methodology and research designs, including the use of

control groups chosen by scientific random assignment

methodologies. The Secretary shall conduct as least 1 multisite

control group evaluation under this section by the end of fiscal

year 2005.

(d) Reports

The entity carrying out an evaluation described in subsection (a)

or (b) of this section shall prepare and submit to the Secretary a

draft report and a final report containing the results of the

evaluation.

(e) Reports to Congress

Not later than 30 days after the completion of such a draft

report, the Secretary shall transmit the draft report to the

Committee on Education and the Workforce of the House of

Representatives and the Committee on Labor and Human Resources of

the Senate. Not later than 60 days after the completion of such a

final report, the Secretary shall transmit the final report to such

committees of the Congress.

(f) Coordination

The Secretary shall ensure the coordination of evaluations

carried out by States pursuant to section 2871(e) of this title

with the evaluations carried out under this section.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 172, Aug. 7, 1998, 112 Stat. 1034.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2864, 2871, 2919, 2939 of

this title.

-End-

-CITE-

29 USC Sec. 2918 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER IV - NATIONAL PROGRAMS

-HEAD-

Sec. 2918. National emergency grants

-STATUTE-

(a) In general

The Secretary is authorized to award national emergency grants in

a timely manner -

(1) to an entity described in subsection (c) of this section to

provide employment and training assistance to workers affected by

major economic dislocations, such as plant closures, mass

layoffs, or closures and realignments of military installations;

(2) to provide assistance to the Governor of any State within

the boundaries of which is an area that has suffered an emergency

or a major disaster as defined in paragraphs (1) and (2),

respectively, of section 5122 of title 42 (referred to in this

section as the "disaster area") to provide disaster relief

employment in the area;

(3) to provide additional assistance to a State or local board

for eligible dislocated workers in a case in which the State or

local board has expended the funds provided under this section to

carry out activities described in paragraphs (1) and (2) and can

demonstrate the need for additional funds to provide appropriate

services for such workers, in accordance with requirements

prescribed by the Secretary; and

(4) from funds appropriated under section 2919(c) of this title

-

(A) to a State or entity (as defined in subsection (c)(1)(B)

of this section) to carry out subsection (f) of this section,

including providing assistance to eligible individuals; and

(B) to a State or entity (as so defined) to carry out

subsection (g) of this section, including providing assistance

to eligible individuals.

(b) Administration

The Secretary shall designate a dislocated worker office to

coordinate the functions of the Secretary under this chapter

relating to employment and training activities for dislocated

workers, including activities carried out under the national

emergency grants.

(c) Employment and training assistance requirements

(1) Grant recipient eligibility

(A) Application

To be eligible to receive a grant under subsection (a)(1) of

this section, an entity shall submit an application to the

Secretary at such time, in such manner, and containing such

information as the Secretary may require.

(B) Eligible entity

In this paragraph, the term "entity" means a State, a local

board, an entity described in section 2911(c) of this title,

entities determined to be eligible by the Governor of the State

involved, and other entities that demonstrate to the Secretary

the capability to effectively respond to the circumstances

relating to particular dislocations.

(2) Participant eligibility

(A) In general

In order to be eligible to receive employment and training

assistance under a national emergency grant awarded pursuant to

subsection (a)(1) of this section, an individual shall be -

(i) a dislocated worker;

(ii) a civilian employee of the Department of Defense or

the Department of Energy employed at a military installation

that is being closed, or that will undergo realignment,

within the next 24 months after the date of the determination

of eligibility;

(iii) an individual who is employed in a nonmanagerial

position with a Department of Defense contractor, who is

determined by the Secretary of Defense to be at-risk of

termination from employment as a result of reductions in

defense expenditures, and whose employer is converting

operations from defense to nondefense applications in order

to prevent worker layoffs; or

(iv) a member of the Armed Forces who -

(I) was on active duty or full-time National Guard duty;

(II)(aa) is involuntarily separated (as defined in

section 1141 of title 10) from active duty or full-time

National Guard duty; or

(bb) is separated from active duty or full-time National

Guard duty pursuant to a special separation benefits

program under section 1174a of title 10 or the voluntary

separation incentive program under section 1175 of that

title;

(III) is not entitled to retired or retained pay incident

to the separation described in subclause (II); and

(IV) applies for such employment and training assistance

before the end of the 180-day period beginning on the date

of that separation.

(B) Retraining assistance

The individuals described in subparagraph (A)(iii) shall be

eligible for retraining assistance to upgrade skills by

obtaining marketable skills needed to support the conversion

described in subparagraph (A)(iii).

(C) Additional requirements

The Secretary shall establish and publish additional

requirements related to eligibility for employment and training

assistance under the national emergency grants to ensure

effective use of the funds available for this purpose.

(D) Definitions

In this paragraph, the terms "military institution" (!1) and

"realignment" have the meanings given the terms in section 2910

of the Defense Base Closure and Realignment Act of 1990 (Public

Law 101-510; 10 U.S.C. 2687 note).

(d) Disaster relief employment assistance requirements

(1) In general

Funds made available under subsection (a)(2) of this section -

(A) shall be used to provide disaster relief employment on

projects that provide food, clothing, shelter, and other

humanitarian assistance for disaster victims, and projects

regarding demolition, cleaning, repair, renovation, and

reconstruction of damaged and destroyed structures, facilities,

and lands located within the disaster area;

(B) may be expended through public and private agencies and

organizations engaged in such projects; and

(C) may be expended to provide employment and training

activities.

(2) Eligibility

An individual shall be eligible to be offered disaster relief

employment under subsection (a)(2) of this section if such

individual is a dislocated worker, is a long-term unemployed

individual, or is temporarily or permanently laid off as a

consequence of the disaster.

(3) Limitations on disaster relief employment

No individual shall be employed under subsection (a)(2) of this

section for more than 6 months for work related to recovery from

a single natural disaster.

(e) Additional assistance

(1) In general

From the amount appropriated and made available to carry out

this section for any program year, the Secretary shall use not

more than $15,000,000 to make grants to not more than 8 States to

provide employment and training activities under section 2864 of

this title, in accordance with subchapter II of this chapter.

(2) Eligible States

The Secretary shall make a grant under paragraph (1) to a State

for a program year if -

(A)(i) the amount of the allotment that would be made to the

State for the program year under the formula specified in

section 1602(a) of this title, as in effect on July 1, 1998; is

greater than

(ii) the amount of the allotment that would be made to the

State for the program year under the formula specified in

section 2862(b)(1)(B) of this title; and

(B) the State is 1 of the 8 States with the greatest quotient

obtained by dividing -

(i) the amount described in subparagraph (A)(i); by

(ii) the amount described in subparagraph (A)(ii).

(3) Amount of grants

Subject to paragraph (1), the amount of the grant made under

paragraph (1) to a State for a program year shall be based on the

difference between -

(A) the amount of the allotment that would be made to the

State for the program year under the formula specified in

section 1602(a) of this title, as in effect on July 1, 1998;

and

(B) the amount of the allotment that would be made to the

State for the program year under the formula specified in

section 2862(b)(1)(B) of this title.

(4) Allocation of funds

A State that receives a grant under paragraph (1) for a program

year -

(A) shall allocate funds made available through the grant on

the basis of the formula used by the State to allocate funds

within the State for that program year under -

(i) paragraph (2)(A) or (3) of section 2863(b) of this

title; or

(ii) paragraph (2)(B) of section 2863(b) of this title; and

(B) shall use the funds in the same manner as the State uses

other funds allocated under the appropriate paragraph of

section 2863(b) of this title.

(f) Health insurance coverage assistance for eligible individuals

(1) In general

Funds made available to a State or entity under paragraph

(4)(A) of subsection (a) of this section may be used by the State

or entity for the following:

(A) Health insurance coverage

To assist an eligible individual and such individual's

qualifying family members in enrolling in qualified health

insurance.

(B) Administrative and start-up expenses

To pay the administrative expenses related to the enrollment

of eligible individuals and such individuals' qualifying family

members in qualified health insurance, including -

(i) eligibility verification activities;

(ii) the notification of eligible individuals of available

qualified health insurance options;

(iii) processing qualified health insurance costs credit

eligibility certificates provided for under section 7527 of

title 26;

(iv) providing assistance to eligible individuals in

enrolling in qualified health insurance;

(v) the development or installation of necessary data

management systems; and

(vi) any other expenses determined appropriate by the

Secretary, including start-up costs and on going

administrative expenses to carry out clauses (iv) through

(ix) of paragraph (2)(A).

(2) Qualified health insurance

For purposes of this subsection and subsection (g) of this

section -

(A) In general

The term "qualified health insurance" means any of the

following:

(i) Coverage under a COBRA continuation provision (as

defined in section 1191b(d)(1) of this title).

(ii) State-based continuation coverage provided by the

State under a State law that requires such coverage.

(iii) Coverage offered through a qualified State high risk

pool (as defined in section 300gg-44(c)(2) of title 42).

(iv) Coverage under a health insurance program offered for

State employees.

(v) Coverage under a State-based health insurance program

that is comparable to the health insurance program offered

for State employees.

(vi) Coverage through an arrangement entered into by a

State and -

(I) a group health plan (including such a plan which is a

multiemployer plan as defined in section 1002(37) of this

title),

(II) an issuer of health insurance coverage,

(III) an administrator, or

(IV) an employer.

(vii) Coverage offered through a State arrangement with a

private sector health care coverage purchasing pool.

(viii) Coverage under a State-operated health plan that

does not receive any Federal financial participation.

(ix) Coverage under a group health plan that is available

through the employment of the eligible individual's spouse.

(x) In the case of any eligible individual and such

individual's qualifying family members, coverage under

individual health insurance if the eligible individual was

covered under individual health insurance during the entire

30-day period that ends on the date that such individual

became separated from the employment which qualified such

individual for -

(I) in the case of an eligible TAA recipient, the

allowance described in section 35(c)(2) of title 26,

(II) in the case of an eligible alternative TAA

recipient, the benefit described in section 35(c)(3)(B) of

such title, or

(III) in the case of any eligible PBGC pension recipient,

the benefit described in section 35(c)(4)(B) of such title.

For purposes of this clause, the term "individual health

insurance" means any insurance which constitutes medical care

offered to individuals other than in connection with a group

health plan and does not include Federal- or State-based

health insurance coverage.

(B) Requirements for State-based coverage

(i) In general

The term "qualified health insurance" does not include any

coverage described in clauses (ii) through (viii) of

subparagraph (A) unless the State involved has elected to

have such coverage treated as qualified health insurance

under this paragraph and such coverage meets the following

requirements:

(I) Guaranteed issue

Each qualifying individual is guaranteed enrollment if

the individual pays the premium for enrollment or provides

a qualified health insurance costs credit eligibility

certificate described in section 7527 of title 26 and pays

the remainder of such premium.

(II) No imposition of preexisting condition exclusion

No pre-existing condition limitations are imposed with

respect to any qualifying individual.

(III) Nondiscriminatory premium

The total premium (as determined without regard to any

subsidies) with respect to a qualifying individual may not

be greater than the total premium (as so determined) for a

similarly situated individual who is not a qualifying

individual.

(IV) Same benefits

Benefits under the coverage are the same as (or

substantially similar to) the benefits provided to

similarly situated individuals who are not qualifying

individuals.

(ii) Qualifying individual

For purposes of this subparagraph, the term "qualifying

individual" means -

(I) an eligible individual for whom, as of the date on

which the individual seeks to enroll in clauses (ii)

through (viii) of subparagraph (A), the aggregate of the

periods of creditable coverage (as defined in section

9801(c) of title 26) is 3 months or longer and who, with

respect to any month, meets the requirements of clauses

(iii) and (iv) of section 35(b)(1)(A) of such title; and

(II) the qualifying family members of such eligible

individual.

(C) Exception

The term "qualified health insurance" shall not include -

(i) a flexible spending or similar arrangement, and

(ii) any insurance if substantially all of its coverage is

of excepted benefits described in section 1191b(c) of this

title.

(3) Availability of funds

(A) Expedited procedures

With respect to applications submitted by States or entities

for grants under this subsection, the Secretary shall -

(i) not later than 15 days after the date on which the

Secretary receives a completed application from a State or

entity, notify the State or entity of the determination of

the Secretary with respect to the approval or disapproval of

such application;

(ii) in the case of an application of a State or other

entity that is disapproved by the Secretary, provide

technical assistance, at the request of the State or entity,

in a timely manner to enable the State or entity to submit an

approved application; and

(iii) develop procedures to expedite the provision of funds

to States and entities with approved applications.

(B) Availability and distribution of funds

The Secretary shall ensure that funds made available under

section 2919(c)(1)(A) of this title to carry out subsection

(a)(4)(A) of this section are available to States and entities

throughout the period described in section 2919(c)(2)(A) of

this title.

(4) Eligible individual defined

For purposes of this subsection and subsection (g) of this

section, the term "eligible individual" means -

(A) an eligible TAA recipient (as defined in section 35(c)(2)

of title 26),

(B) an eligible alternative TAA recipient (as defined in

section 35(c)(3) of title 26), and

(C) an eligible PBGC pension recipient (as defined in section

35(c)(4) of title 26),

who, as of the first day of the month, does not have other

specified coverage and is not imprisoned under Federal, State, or

local authority.

(5) Qualifying family member defined

For purposes of this subsection and subsection (g) of this

section -

(A) In general

The term "qualifying family member" means -

(i) the eligible individual's spouse, and

(ii) any dependent of the eligible individual with respect

to whom the individual is entitled to a deduction under

section 151(c) of title 26.

Such term does not include any individual who has other

specified coverage.

(B) Special dependency test in case of divorced parents, etc.

If paragraph (2) or (4) of section 152(e) of such title

applies to any child with respect to any calendar year, in the

case of any taxable year beginning in such calendar year, such

child shall be treated as described in subparagraph (A)(ii)

with respect to the custodial parent (within the meaning of

section 152(e)(1) of such title) and not with respect to the

noncustodial parent.

(6) State

For purposes of this subsection and subsection (g) of this

section, the term "State" includes an entity as defined in

subsection (c)(1)(B) of this section.

(7) Other specified coverage

For purposes of this subsection, an individual has other

specified coverage for any month if, as of the first day of such

month -

(A) Subsidized coverage

(i) In general

Such individual is covered under any insurance which

constitutes medical care (except insurance substantially all

of the coverage of which is of excepted benefits described in

section 9832(c) of title 26) under any health plan maintained

by any employer (or former employer) of the taxpayer or the

taxpayer's spouse and at least 50 percent of the cost of such

coverage (determined under section 4980B of such title) is

paid or incurred by the employer.

(ii) Eligible alternative TAA recipients

In the case of an eligible alternative TAA recipient (as

defined in section 35(c)(3) of title 26), such individual is

either -

(I) eligible for coverage under any qualified health

insurance (other than insurance described in clause (i),

(ii), or (vi) of paragraph (2)(A)) under which at least 50

percent of the cost of coverage (determined under section

4980B(f)(4) of such title) is paid or incurred by an

employer (or former employer) of the taxpayer or the

taxpayer's spouse, or

(II) covered under any such qualified health insurance

under which any portion of the cost of coverage (as so

determined) is paid or incurred by an employer (or former

employer) of the taxpayer or the taxpayer's spouse.

(iii) Treatment of cafeteria plans

For purposes of clauses (i) and (ii), the cost of coverage

shall be treated as paid or incurred by an employer to the

extent the coverage is in lieu of a right to receive cash or

other qualified benefits under a cafeteria plan (as defined

in section 125(d) of title 26).

(B) Coverage under Medicare, Medicaid, or SCHIP

Such individual -

(i) is entitled to benefits under part A of title XVIII of

the Social Security Act [42 U.S.C. 1395c et seq.] or is

enrolled under part B of such title [42 U.S.C. 1395j et

seq.], or

(ii) is enrolled in the program under title XIX [42 U.S.C.

1396 et seq.] or XXI [42 U.S.C. 1397aa et seq.] of such Act

(other than under section 1928 of such Act [42 U.S.C.

1396s]).

(C) Certain other coverage

Such individual -

(i) is enrolled in a health benefits plan under chapter 89

of title 5, or

(ii) is entitled to receive benefits under chapter 55 of

title 10.

(g) Interim health insurance coverage and other assistance

(1) In general

Funds made available to a State or entity under paragraph

(4)(B) of subsection (a) of this section may be used by the State

or entity to provide assistance and support services to eligible

individuals, including health care coverage to the extent

provided under subsection (f)(1)(A) of this section,

transportation, child care, dependent care, and income

assistance.

(2) Income support

With respect to any income assistance provided to an eligible

individual with such funds, such assistance shall supplement and

not supplant other income support or assistance provided under

chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et

seq.) (as in effect on the day before the effective date of the

Trade Act of 2002) or the unemployment compensation laws of the

State where the eligible individual resides.

(3) Health insurance coverage

With respect to any assistance provided to an eligible

individual with such funds in enrolling in qualified health

insurance, the following rules shall apply:

(A) The State or entity may provide assistance in obtaining

such coverage to the eligible individual and to such

individual's qualifying family members.

(B) Such assistance shall supplement and may not supplant any

other State or local funds used to provide health care coverage

and may not be included in determining the amount of

non-Federal contributions required under any program.

(4) Availability of funds

(A) Expedited procedures

With respect to applications submitted by States or entities

for grants under this subsection, the Secretary shall -

(i) not later than 15 days after the date on which the

Secretary receives a completed application from a State or

entity, notify the State or entity of the determination of

the Secretary with respect to the approval or disapproval of

such application;

(ii) in the case of an application of a State or entity

that is disapproved by the Secretary, provide technical

assistance, at the request of the State or entity, in a

timely manner to enable the State or entity to submit an

approved application; and

(iii) develop procedures to expedite the provision of funds

to States and entities with approved applications.

(B) Availability and distribution of funds

The Secretary shall ensure that funds made available under

section 2919(c)(1)(B) of this title to carry out subsection

(a)(4)(B) of this section are available to States and entities

throughout the period described in section 2919(c)(2)(B) of

this title.

(5) Inclusion of certain individuals as eligible individuals

For purposes of this subsection, the term "eligible individual"

includes an individual who is a member of a group of workers

certified after April 1, 2002, under chapter 2 of title II of the

Trade Act of 1974 [19 U.S.C. 2271 et seq.] (as in effect on the

day before the effective date of the Trade Act of 2002) and is

participating in the trade adjustment allowance program under

such chapter (as so in effect) or who would be determined to be

participating in such program under such chapter (as so in

effect) if such chapter were applied without regard to section

231(a)(3)(B) of the Trade Act of 1974 [19 U.S.C. 2291(a)(3)(B)]

(as so in effect).

-SOURCE-

(Pub. L. 105-220, title I, Sec. 173, Aug. 7, 1998, 112 Stat. 1035;

Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 401(12)],

Oct. 21, 1998, 112 Stat. 2681-337, 2681-411, 2681-435; Pub. L.

107-210, div. A, title II, Sec. 203(a), (b), Aug. 6, 2002, 116

Stat. 963.)

-REFTEXT-

REFERENCES IN TEXT

Section 1602 of this title, referred to in subsec. (e)(2)(A)(i),

(3)(A), was repealed by Pub. L. 105-220, title I, Sec. 199(b)(2),

Aug. 7, 1998, 112 Stat. 1059, effective July 1, 2000.

The Social Security Act, referred to in subsec. (f)(7)(B), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Parts A and B of

title XVIII of the Act are classified generally to parts A (Sec.

1395c et seq.) and B (Sec. 1395j et seq.), respectively, of

subchapter XVIII of chapter 7 of Title 42, The Public Health and

Welfare. Titles XIX and XXI of the Act are classified generally to

subchapters XIX (Sec. 1396 et seq.) and XXI (Sec. 1397aa et seq.),

respectively, of chapter 7 of Title 42. For complete classification

of this Act to the Code, see section 1305 of Title 42 and Tables.

Chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et

seq.) (as in effect on the day before the effective date of the

Trade Act of 2002), referred to in subsec. (g)(2), (5), is chapter

2 of title II of Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as

amended, as in effect on the day before the effective date of Pub.

L. 107-210. Chapter 2 of title II of Pub. L. 93-618 is classified

generally to part 2 (Sec. 2271 et seq.) of subchapter II of chapter

12 of Title 19, Customs Duties. For effective date provisions

applicable to certain amendments by Pub. L. 107-210 to chapter 2 of

title II of Pub. L. 93-618, see Effective Date of 2002 Amendment

note set out preceding section 2271 of Title 19. For complete

classification of Pub. L. 93-618 to the Code, see section 2101 of

Title 19 and Tables.

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(4). Pub. L. 107-210, Sec. 203(a), added par.

(4).

Subsecs. (f), (g). Pub. L. 107-210, Sec. 203(b), added subsecs.

(f) and (g).

1998 - Subsec. (a)(2). Pub. L. 105-277, Sec. 101(f) [title VIII,

Sec. 401(12)], made technical amendment to reference in original

act which appears in text as reference to section 5122 of title 42.

Subsec. (e). Pub. L. 105-277, Sec. 101(f) [title VIII], added

subsec. (e).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-210 applicable to petitions for

certification filed under part 2 or 3 of subchapter II of chapter

12 of Title 19, Customs Duties, on or after the date that is 90

days after Aug. 6, 2002, except as otherwise provided, see section

151 of Pub. L. 107-210, set out as a note preceding section 2271 of

Title 19.

CONSTRUCTION OF 2002 AMENDMENT

Pub. L. 107-210, div. A, title II, Sec. 203(f), Aug. 6, 2002, 116

Stat. 972, provided that: "Nothing in this title [enacting sections

35, 6050T, and 7527 of Title 26, Internal Revenue Code, and section

300gg-45 of Title 42, The Public Health and Welfare, amending this

section, sections 1165, 2862, and 2919 of this title, sections

4980B, 6103, 6724, and 7213A of Title 26, section 1324 of Title 31,

Money and Finance, and section 300bb-5 of Title 42, renumbering

section 35 of Title 26 as section 36 of Title 26, and enacting

provisions set out as notes under sections 35 and 6050T of Title

26] (or the amendments made by this title), other than provisions

relating to COBRA continuation coverage and reporting requirements,

shall be construed as creating any new mandate on any party

regarding health insurance coverage."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2862, 2915, 2916, 2919 of

this title.

-FOOTNOTE-

(!1) So in original. Probably should be " 'military installation' ".

-End-

-CITE-

29 USC Sec. 2919 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER IV - NATIONAL PROGRAMS

-HEAD-

Sec. 2919. Authorization of appropriations

-STATUTE-

(a) Native American programs; migrant and seasonal farmworker

programs; veterans' workforce investment programs

(1) In general

Subject to paragraph (2), there are authorized to be

appropriated to carry out sections 2911 through 2913 of this

title such sums as may be necessary for each of the fiscal years

1999 through 2003.

(2) Reservations

Of the amount appropriated pursuant to the authorization of

appropriations under paragraph (1) for a fiscal year, the

Secretary shall -

(A) reserve not less than $55,000,000 for carrying out

section 2911 of this title;

(B) reserve not less than $70,000,000 for carrying out

section 2912 of this title; and

(C) reserve not less than $7,300,000 for carrying out section

2913 of this title.

(b) Technical assistance; demonstration and pilot projects;

evaluations; incentive grants

(1) In general

Subject to paragraph (2), there are authorized to be

appropriated to carry out sections 2915 through 2917 of this

title and section 9273 of title 20 such sums as may be necessary

for each of the fiscal years 1999 through 2003.

(2) Reservations

Of the amount appropriated pursuant to the authorization of

appropriations under paragraph (1) for a fiscal year, the

Secretary shall -

(A)(i) for fiscal year 1999, reserve up to 40 percent for

carrying out section 2915 of this title (other than subsection

(b) of such section);

(ii) for fiscal year 2000, reserve up to 25 percent for

carrying out section 2915 of this title (other than subsection

(b) of such section); and

(iii) for each of the fiscal years 2001 through 2003, reserve

up to 20 percent for carrying out section 2915 of this title

(other than subsection (b) of such section);

(B)(i) for fiscal year 1999, reserve not less than 50 percent

for carrying out section 2916 of this title; and

(ii) for each of the fiscal years 2000 through 2003, reserve

not less than 45 percent for carrying out section 2916 of this

title;

(C)(i) for fiscal year 1999, reserve not less than 10 percent

for carrying out section 2917 of this title; and

(ii) for each of the fiscal years 2000 through 2003, reserve

not less than 10 percent for carrying out section 2917 of this

title; and

(D)(i) for fiscal year 1999, reserve no funds for carrying

out section 9273 of title 20;

(ii) for fiscal year 2000, reserve up to 20 percent for

carrying out section 9273 of title 20; and

(iii) for each of the fiscal years 2001 through 2003, reserve

up to 25 percent for carrying out section 9273 of title 20.

(c) Assistance for eligible workers

(1) Authorization and appropriation for fiscal year 2002

There are authorized to be appropriated and appropriated -

(A) to carry out subsection (a)(4)(A) of section 2918 of this

title, $10,000,000 for fiscal year 2002; and

(B) to carry out subsection (a)(4)(B) of section 2918 of this

title, $50,000,000 for fiscal year 2002.

(2) Authorization of appropriations for subsequent fiscal years

There are authorized to be appropriated -

(A) to carry out subsection (a)(4)(A) of section 2918 of this

title, $60,000,000 for each of fiscal years 2003 through 2007;

and

(B) to carry out subsection (a)(4)(B) of section 2918 of this

title -

(i) $100,000,000 for fiscal year 2003; and

(ii) $50,000,000 for fiscal year 2004.

(3) Availability of funds

Funds appropriated pursuant to -

(A) paragraphs (1)(A) and (2)(A) for each fiscal year shall,

notwithstanding section 2939(g) of this title, remain available

for obligation during the pendency of any outstanding claim

under the Trade Act of 1974 [19 U.S.C. 2101 et seq.], as

amended by the Trade Act of 2002; and

(B) paragraph (!1) (1)(B) and (2)(B), for each fiscal year

shall, notwithstanding section 2939(g) of this title, remain

available during the period that begins on August 6, 2002, and

ends on September 30, 2004.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 174, Aug. 7, 1998, 112 Stat. 1037;

Pub. L. 107-210, div. A, title II, Sec. 203(c), Aug. 6, 2002, 116

Stat. 969.)

-REFTEXT-

REFERENCES IN TEXT

The Trade Act of 1974, as amended by the Trade Act of 2002,

referred to in subsec. (c)(3)(A), is Pub. L. 93-618, Jan. 3, 1975,

88 Stat. 1978, as amended by Pub. L. 107-210, which is classified

principally to chapter 12 (Sec. 2101 et seq.) of Title 19, Customs

Duties. For complete classification of this Act to the Code, see

References in Text note set out under section 2101 of Title 19 and

Tables.

-MISC1-

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-210 added subsec. (c).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-210 applicable to petitions for

certification filed under part 2 or 3 of subchapter II of chapter

12 of Title 19, Customs Duties, on or after the date that is 90

days after Aug. 6, 2002, except as otherwise provided, see section

151 of Pub. L. 107-210, set out as a note preceding section 2271 of

Title 19.

CONSTRUCTION OF 2002 AMENDMENT

Nothing in amendment by Pub. L. 107-210, other than provisions

relating to COBRA continuation coverage and reporting requirements,

to be construed as creating new mandate on any party regarding

health insurance coverage, see section 203(f) of Pub. L. 107-210,

set out as a note under section 2918 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2918 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "paragraphs".

-End-

-CITE-

29 USC Sec. 2920 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER IV - NATIONAL PROGRAMS

-HEAD-

Sec. 2920. Educational assistance and training

-STATUTE-

(a) Use of fund

The Secretary of Labor shall provide for grants to States to

provide educational assistance and training for United States

workers. The Secretary shall consult with the Secretary of

Education in making grants under this section.

(b) Allocation of funds

Within the purposes described in subsection (a) of this section,

funds in the account used under this section shall be allocated

among the States based on a formula, established jointly by the

Secretaries of Labor and Education, that takes into consideration -

(1) the location of foreign workers admitted into the United

States,

(2) the location of individuals in the United States requiring

and desiring the educational assistance and training for which

the funds can be applied, and

(3) the location of unemployed and underemployed United States

workers.

(c) Disbursement to States

(1) Within the purposes and allocations established under this

section, disbursements shall be made to the States, in accordance

with grant applications submitted to and approved jointly by the

Secretaries of Labor and Education, to be applied in a manner

consistent with the guidelines established by such Secretaries in

consultation with the States. In applying such grants, the States

shall consider providing funding to joint labor-management trust

funds and other such non-profit organizations which have

demonstrated capability and experience in directly training and

educating workers.

(2) Not more than 5 percent of the funds disbursed to any State

under this section may be used for administrative expenses.

(d) Limitation on Federal overhead

The Secretaries shall provide that not more than 2 percent of the

amount of funds disbursed to States under this section may be used

by the Federal Government in the administration of this section.

(e) Annual report

The Secretary of Labor shall report annually to the Congress on

the grants to States provided under this section.

(f) "State" defined

In this section, the term "State" has the meaning given such term

in section 1101(a)(36) of title 8.

-SOURCE-

(Pub. L. 101-649, title VIII, Sec. 801, Nov. 29, 1990, 104 Stat.

5087.)

-COD-

CODIFICATION

Section was enacted as part of the Immigration Act of 1990, and

not as part of title I of the Workforce Investment Act of 1998

which comprises this chapter.

Section was formerly classified to section 1506 of this title.

-End-

-CITE-

29 USC SUBCHAPTER V - ADMINISTRATION 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER V - ADMINISTRATION

-HEAD-

SUBCHAPTER V - ADMINISTRATION

-End-

-CITE-

29 USC Sec. 2931 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER V - ADMINISTRATION

-HEAD-

Sec. 2931. Requirements and restrictions

-STATUTE-

(a) Benefits

(1) Wages

(A) In general

Individuals in on-the-job training or individuals employed in

activities under this chapter shall be compensated at the same

rates, including periodic increases, as trainees or employees

who are similarly situated in similar occupations by the same

employer and who have similar training, experience, and skills,

and such rates shall be in accordance with applicable law, but

in no event less than the higher of the rate specified in

section 206(a)(1) of this title or the applicable State or

local minimum wage law.

(B) Rule of construction

The reference in subparagraph (A) to section 206(a)(1) of

this title -

(i) shall be deemed to be a reference to section 206(a)(3)

of this title for individuals in American Samoa; and

(ii) shall not be applicable for individuals in other

territorial jurisdictions in which section 206 of this title

does not apply.

(2) Treatment of allowances, earnings, and payments

Allowances, earnings, and payments to individuals participating

in programs under this chapter shall not be considered as income

for the purposes of determining eligibility for and the amount of

income transfer and in-kind aid furnished under any Federal or

federally assisted program based on need, other than as provided

under the Social Security Act (42 U.S.C. 301 et seq.).

(b) Labor standards

(1) Limitations on activities that impact wages of employees

No funds provided under this chapter shall be used to pay the

wages of incumbent employees during their participation in

economic development activities provided through a statewide

workforce investment system.

(2) Displacement

(A) Prohibition

A participant in a program or activity authorized under this

chapter (referred to in this section as a "specified activity")

shall not displace (including a partial displacement, such as a

reduction in the hours of nonovertime work, wages, or

employment benefits) any currently employed employee (as of the

date of the participation).

(B) Prohibition on impairment of contracts

A specified activity shall not impair an existing contract

for services or collective bargaining agreement, and no such

activity that would be inconsistent with the terms of a

collective bargaining agreement shall be undertaken without the

written concurrence of the labor organization and employer

concerned.

(3) Other prohibitions

A participant in a specified activity shall not be employed in

a job if -

(A) any other individual is on layoff from the same or any

substantially equivalent job;

(B) the employer has terminated the employment of any regular

employee or otherwise reduced the workforce of the employer

with the intention of filling the vacancy so created with the

participant; or

(C) the job is created in a promotional line that will

infringe in any way upon the promotional opportunities of

currently employed individuals (as of the date of the

participation).

(4) Health and safety

Health and safety standards established under Federal and State

law otherwise applicable to working conditions of employees shall

be equally applicable to working conditions of participants

engaged in specified activities. To the extent that a State

workers' compensation law applies, workers' compensation shall be

provided to participants on the same basis as the compensation is

provided to other individuals in the State in similar employment.

(5) Employment conditions

Individuals in on-the-job training or individuals employed in

programs and activities under this chapter, shall be provided

benefits and working conditions at the same level and to the same

extent as other trainees or employees working a similar length of

time and doing the same type of work.

(6) Opportunity to submit comments

Interested members of the public, including representatives of

businesses and of labor organizations, shall be provided an

opportunity to submit comments to the Secretary with respect to

programs and activities proposed to be funded under subchapter II

of this chapter.

(7) No impact on union organizing

Each recipient of funds under this chapter shall provide to the

Secretary assurances that none of such funds will be used to

assist, promote, or deter union organizing.

(c) Grievance procedure

(1) In general

Each State and local area receiving an allotment under this

chapter shall establish and maintain a procedure for grievances

or complaints alleging violations of the requirements of this

chapter from participants and other interested or affected

parties. Such procedure shall include an opportunity for a

hearing and be completed within 60 days after the filing of the

grievance or complaint.

(2) Investigation

(A) In general

The Secretary shall investigate an allegation of a violation

described in paragraph (1) if -

(i) a decision relating to such violation has not been

reached within 60 days after the date of the filing of the

grievance or complaint and either party appeals to the

Secretary; or

(ii) a decision relating to such violation has been reached

within such 60 days and the party to which such decision is

adverse appeals such decision to the Secretary.

(B) Additional requirement

The Secretary shall make a final determination relating to an

appeal made under subparagraph (A) no later than 120 days after

receiving such appeal.

(3) Remedies

Remedies that may be imposed under this section for a violation

of any requirement of this chapter shall be limited -

(A) to suspension or termination of payments under this

chapter;

(B) to prohibition of placement of a participant with an

employer that has violated any requirement under this chapter;

(C) where applicable, to reinstatement of an employee,

payment of lost wages and benefits, and reestablishment of

other relevant terms, conditions, and privileges of employment;

and

(D) where appropriate, to other equitable relief.

(4) Rule of construction

Nothing in paragraph (3) shall be construed to prohibit a

grievant or complainant from pursuing a remedy authorized under

another Federal, State, or local law for a violation of this

chapter.

(d) Relocation

(1) Prohibition on use of funds to encourage or induce relocation

No funds provided under this chapter shall be used, or proposed

for use, to encourage or induce the relocation of a business or

part of a business if such relocation would result in a loss of

employment for any employee of such business at the original

location and such original location is within the United States.

(2) Prohibition on use of funds for customized or skill training

and related activities after relocation

No funds provided under this chapter for an employment and

training activity shall be used for customized or skill training,

on-the-job training, or company-specific assessments of job

applicants or employees, for any business or part of a business

that has relocated, until the date that is 120 days after the

date on which such business commences operations at the new

location, if the relocation of such business or part of a

business results in a loss of employment for any employee of such

business at the original location and such original location is

within the United States.

(3) Repayment

If the Secretary determines that a violation of paragraph (1)

or (2) has occurred, the Secretary shall require the State that

has violated such paragraph to repay to the United States an

amount equal to the amount expended in violation of such

paragraph.

(e) Limitation on use of funds

No funds available under this chapter shall be used for

employment generating activities, economic development activities,

investment in revolving loan funds, capitalization of businesses,

investment in contract bidding resource centers, and similar

activities that are not directly related to training for eligible

individuals under this chapter. No funds available under subchapter

II of this chapter shall be used for foreign travel.

(f) Testing and sanctioning for use of controlled substances

(1) In general

Notwithstanding any other provision of law, a State shall not

be prohibited by the Federal Government from -

(A) testing participants in programs under subchapter II of

this chapter for the use of controlled substances; and

(B) sanctioning such participants who test positive for the

use of such controlled substances.

(2) Additional requirements

(A) Period of sanction

In sanctioning participants in programs under subchapter II

of this chapter who test positive for the use of controlled

substances -

(i) with respect to the first occurrence for which a

participant tests positive, a State may exclude the

participant from the program for a period not to exceed 6

months; and

(ii) with respect to the second occurrence and each

subsequent occurrence for which a participant tests positive,

a State may exclude the participant from the program for a

period not to exceed 2 years.

(B) Appeal

The testing of participants and the imposition of sanctions

under this subsection shall be subject to expeditious appeal in

accordance with due process procedures established by the

State.

(C) Privacy

A State shall establish procedures for testing participants

for the use of controlled substances that ensure a maximum

degree of privacy for the participants.

(4) (!1) Funding requirement

In testing and sanctioning of participants for the use of

controlled substances in accordance with this subsection, the

only Federal funds that a State may use are the amounts made

available for the administration of statewide workforce

investment activities under section 2864(a)(3)(B) of this title.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 181, Aug. 7, 1998, 112 Stat. 1038.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

title" meaning title I of Pub. L. 105-220, Aug. 7, 1998, 112 Stat.

939, as amended, which enacted this chapter, repealed sections 1501

to 1505, 1511 to 1583, 1592 to 1735, 1737 to 1791h, 1792 to 1792b,

2301 to 2314 of this title, section 211 of former Title 40,

Appendix, Public Buildings, Property, and Works, sections 11421,

11441 to 11447, 11449, 11450, 11461 to 11466, 11471, and 11472 of

Title 42, The Public Health and Welfare, and sections 42101 to

42106 of Title 49, Transportation, enacted provisions set out as

notes under sections 1501, 2301, and 2940 of this title and section

11421 of Title 42, and repealed provisions set out as notes under

sections 801 and 2301 of this title and section 1255a of Title 8,

Aliens and Nationality. For complete classification of title I to

the Code, see Tables.

The Social Security Act, referred to in subsec. (a)(2), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is

classified generally to chapter 7 (Sec. 301 et seq.) 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.

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in sections

1551 to 1554 of this title prior to repeal by Pub. L. 105-220.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 section 2014.

-FOOTNOTE-

(!1) So in original. No par. (3) has been enacted.

-End-

-CITE-

29 USC Sec. 2932 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER V - ADMINISTRATION

-HEAD-

Sec. 2932. Prompt allocation of funds

-STATUTE-

(a) Allotments based on latest available data

All allotments to States and grants to outlying areas under this

chapter shall be based on the latest available data and estimates

satisfactory to the Secretary. All data relating to disadvantaged

adults and disadvantaged youth shall be based on the most recent

satisfactory data from the Bureau of the Census.

(b) Publication in Federal Register relating to formula funds

Whenever the Secretary allots funds required to be allotted under

this chapter, the Secretary shall publish in a timely fashion in

the Federal Register the proposed amount to be distributed to each

recipient of the funds.

(c) Requirement for funds distributed by formula

All funds required to be allotted under section 2852 or 2862 of

this title shall be allotted within 45 days after the date of

enactment of the Act appropriating the funds, except that, if such

funds are appropriated in advance as authorized by section 2939(g)

of this title, such funds shall be allotted or allocated not later

than the March 31 preceding the program year for which such funds

are to be available for obligation.

(d) Publication in Federal Register relating to discretionary funds

Whenever the Secretary utilizes a formula to allot or allocate

funds made available for distribution at the Secretary's discretion

under this chapter, the Secretary shall, not later than 30 days

prior to such allotment or allocation, publish such formula in the

Federal Register for comments along with the rationale for the

formula and the proposed amounts to be distributed to each State

and local area. After consideration of any comments received, the

Secretary shall publish final allotments and allocations in the

Federal Register.

(e) Availability of funds

Funds shall be made available under sections 2853 and 2863 of

this title for a local area not later than 30 days after the date

the funds are made available to the Governor involved, under

section 2852 or 2862 of this title (as the case may be), or 7 days

after the date the local plan for the area is approved, whichever

is later.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 182, Aug. 7, 1998, 112 Stat. 1041.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 1572

of this title prior to repeal by Pub. L. 105-220.

-End-

-CITE-

29 USC Sec. 2933 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER V - ADMINISTRATION

-HEAD-

Sec. 2933. Monitoring

-STATUTE-

(a) In general

The Secretary is authorized to monitor all recipients of

financial assistance under this chapter to determine whether the

recipients are complying with the provisions of this chapter,

including the regulations issued under this chapter.

(b) Investigations

The Secretary may investigate any matter the Secretary determines

to be necessary to determine the compliance of the recipients with

this chapter, including the regulations issued under this chapter.

The investigations authorized by this subsection may include

examining records (including making certified copies of the

records), questioning employees, and entering any premises or onto

any site in which any part of a program or activity of such a

recipient is conducted or in which any of the records of the

recipient are kept.

(c) Additional requirement

For the purpose of any investigation or hearing conducted under

this chapter by the Secretary, the provisions of section 49 of

title 15 (relating to the attendance of witnesses and the

production of documents) apply to the Secretary, in the same manner

and to the same extent as the provisions apply to the Federal Trade

Commission.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 183, Aug. 7, 1998, 112 Stat. 1042.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 1573

of this title prior to repeal by Pub. L. 105-220.

-End-

-CITE-

29 USC Sec. 2934 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER V - ADMINISTRATION

-HEAD-

Sec. 2934. Fiscal controls; sanctions

-STATUTE-

(a) Establishment of fiscal controls by States

(1) In general

Each State shall establish such fiscal control and fund

accounting procedures as may be necessary to assure the proper

disbursal of, and accounting for, Federal funds allocated to

local areas under subchapter II of this chapter. Such procedures

shall ensure that all financial transactions carried out under

subchapter II of this chapter are conducted and records

maintained in accordance with generally accepted accounting

principles applicable in each State.

(2) Cost principles

(A) In general

Each State (including the Governor of the State), local area

(including the chief elected official for the area), and

provider receiving funds under this chapter shall comply with

the applicable uniform cost principles included in the

appropriate circulars of the Office of Management and Budget

for the type of entity receiving the funds.

(B) Exception

The funds made available to a State for administration of

statewide workforce investment activities in accordance with

section 2864(a)(3)(B) of this title shall be allocable to the

overall administration of workforce investment activities, but

need not be specifically allocable to -

(i) the administration of adult employment and training

activities;

(ii) the administration of dislocated worker employment and

training activities; or

(iii) the administration of youth activities.

(3) Uniform administrative requirements

(A) In general

Each State (including the Governor of the State), local area

(including the chief elected official for the area), and

provider receiving funds under this chapter shall comply with

the appropriate uniform administrative requirements for grants

and agreements applicable for the type of entity receiving the

funds, as promulgated in circulars or rules of the Office of

Management and Budget.

(B) Additional requirement

Procurement transactions under this chapter between local

boards and units of State or local governments shall be

conducted only on a cost-reimbursable basis.

(4) Monitoring

Each Governor of a State shall conduct on an annual basis

onsite monitoring of each local area within the State to ensure

compliance with the uniform administrative requirements referred

to in paragraph (3).

(5) Action by Governor

If the Governor determines that a local area is not in

compliance with the uniform administrative requirements referred

to in paragraph (3), the Governor shall -

(A) require corrective action to secure prompt compliance;

and

(B) impose the sanctions provided under subsection (b) of

this section in the event of failure to take the required

corrective action.

(6) Certification

The Governor shall, every 2 years, certify to the Secretary

that -

(A) the State has implemented the uniform administrative

requirements referred to in paragraph (3);

(B) the State has monitored local areas to ensure compliance

with the uniform administrative requirements as required under

paragraph (4); and

(C) the State has taken appropriate action to secure

compliance pursuant to paragraph (5).

(7) Action by the Secretary

If the Secretary determines that the Governor has not fulfilled

the requirements of this subsection, the Secretary shall -

(A) require corrective action to secure prompt compliance;

and

(B) impose the sanctions provided under subsection (e) of

this section in the event of failure of the Governor to take

the required appropriate action to secure compliance.

(b) Substantial violation

(1) Action by Governor

If, as a result of financial and compliance audits or

otherwise, the Governor determines that there is a substantial

violation of a specific provision of this chapter, and corrective

action has not been taken, the Governor shall -

(A) issue a notice of intent to revoke approval of all or

part of the local plan affected; or

(B) impose a reorganization plan, which may include -

(i) decertifying the local board involved;

(ii) prohibiting the use of eligible providers;

(iii) selecting an alternative entity to administer the

program for the local area involved;

(iv) merging the local area into one or more other local

areas; or

(v) making other such changes as the Secretary or Governor

determines necessary to secure compliance.

(2) Appeal

(A) In general

The actions taken by the Governor pursuant to subparagraphs

(A) and (B) of paragraph (1) may be appealed to the Secretary

and shall not become effective until -

(i) the time for appeal has expired; or

(ii) the Secretary has issued a decision.

(B) Additional requirement

The Secretary shall make a final decision under subparagraph

(A) not later than 45 days after the receipt of the appeal.

(3) Action by the Secretary

If the Governor fails to promptly take the actions required

under paragraph (1), the Secretary shall take such actions.

(c) Repayment of certain amounts to the United States

(1) In general

Every recipient of funds under this chapter shall repay to the

United States amounts found not to have been expended in

accordance with this chapter.

(2) Offset of repayment

If the Secretary determines that a State has expended funds

made available under this chapter in a manner contrary to the

requirements of this chapter, the Secretary may offset repayment

of such expenditures against any other amount to which the State

is or may be entitled, except as provided under subsection (d)(1)

of this section.

(3) Repayment from deduction by State

If the Secretary requires a State to repay funds as a result of

a determination that a local area of the State has expended funds

contrary to the requirements of this chapter, the Governor of the

State may use an amount deducted under paragraph (4) to repay the

funds, except as provided under subsection (e)(1) (!1) of this

section.

(4) Deduction by State

The Governor may deduct an amount equal to the misexpenditure

described in paragraph (3) from subsequent program year

allocations to the local area from funds reserved for the

administrative costs of the local programs involved, as

appropriate.

(5) Limitations

A deduction made by a State as described in paragraph (4) shall

not be made until such time as the Governor has taken appropriate

corrective action to ensure full compliance within such local

area with regard to appropriate expenditures of funds under this

chapter.

(d) Repayment of amounts

(1) In general

Each recipient of funds under this chapter shall be liable to

repay the amounts described in subsection (c)(1) of this section,

from funds other than funds received under this chapter, upon a

determination by the Secretary that the misexpenditure of funds

was due to willful disregard of the requirements of this chapter,

gross negligence, failure to observe accepted standards of

administration, or a pattern of misexpenditure as described in

paragraphs (2) and (3) of subsection (c) of this section. No such

determination shall be made under this subsection or subsection

(c) of this section until notice and opportunity for a fair

hearing has been given to the recipient.

(2) Factors in imposing sanctions

In determining whether to impose any sanction authorized by

this section against a recipient for violations by a subgrantee

or contractor of such recipient under this chapter (including the

regulations issued under this chapter), the Secretary shall first

determine whether such recipient has adequately demonstrated that

the recipient has -

(A) established and adhered to an appropriate system for the

award and monitoring of grants and contracts with subgrantees

and contractors that contains acceptable standards for ensuring

accountability;

(B) entered into a written grant agreement or contract with

such subgrantee or contractor that established clear goals and

obligations in unambiguous terms;

(C) acted with due diligence to monitor the implementation of

the grant agreement or contract, including the carrying out of

the appropriate monitoring activities (including audits) at

reasonable intervals; and

(D) taken prompt and appropriate corrective action upon

becoming aware of any evidence of a violation of this chapter,

including regulations issued under this chapter, by such

subgrantee or contractor.

(3) Waiver

If the Secretary determines that the recipient has demonstrated

substantial compliance with the requirements of paragraph (2),

the Secretary may waive the imposition of sanctions authorized by

this section upon such recipient. The Secretary is authorized to

impose any sanction consistent with the provisions of this

chapter and any applicable Federal or State law directly against

any subgrantee or contractor for violation of this chapter,

including regulations issued under this chapter.

(e) Immediate termination or suspension of assistance in emergency

situations

In emergency situations, if the Secretary determines it is

necessary to protect the integrity of the funds or ensure the

proper operation of the program or activity involved, the Secretary

may immediately terminate or suspend financial assistance, in whole

or in part, to the recipient if the recipient is given prompt

notice and the opportunity for a subsequent hearing within 30 days

after such termination or suspension. The Secretary shall not

delegate any of the functions or authority specified in this

subsection, other than to an officer whose appointment is required

to be made by and with the advice and consent of the Senate.

(f) Discrimination against participants

If the Secretary determines that any recipient under this chapter

has discharged or in any other manner discriminated against a

participant or against any individual in connection with the

administration of the program involved, or against any individual

because such individual has filed any complaint or instituted or

caused to be instituted any proceeding under or related to this

chapter, or has testified or is about to testify in any such

proceeding or investigation under or related to this chapter, or

otherwise unlawfully denied to any individual a benefit to which

that individual is entitled under the provisions of this chapter or

the Secretary's regulations, the Secretary shall, within 30 days,

take such action or order such corrective measures, as necessary,

with respect to the recipient or the aggrieved individual, or both.

(g) Remedies

The remedies described in this section shall not be construed to

be the exclusive remedies available for violations described in

this section.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 184, Aug. 7, 1998, 112 Stat. 1042.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 1574

of this title prior to repeal by Pub. L. 105-220.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2822, 2833, 2936, 2937 of

this title.

-FOOTNOTE-

(!1) So in original. Probably should be subsection "(d)(1)".

-End-

-CITE-

29 USC Sec. 2935 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER V - ADMINISTRATION

-HEAD-

Sec. 2935. Reports; recordkeeping; investigations

-STATUTE-

(a) Reports

(1) In general

Recipients of funds under this chapter shall keep records that

are sufficient to permit the preparation of reports required by

this chapter and to permit the tracing of funds to a level of

expenditure adequate to ensure that the funds have not been spent

unlawfully.

(2) Submission to the Secretary

Every such recipient shall maintain such records and submit

such reports, in such form and containing such information, as

the Secretary may require regarding the performance of programs

and activities carried out under this chapter. Such records and

reports shall be submitted to the Secretary but shall not be

required to be submitted more than once each quarter unless

specifically requested by Congress or a committee of Congress, in

which case an estimate may be provided.

(3) Maintenance of standardized records

In order to allow for the preparation of the reports required

under subsection (c) of this section, such recipients shall

maintain standardized records for all individual participants and

provide to the Secretary a sufficient number of such records to

provide for an adequate analysis of the records.

(4) Availability to the public

(A) In general

Except as provided in subparagraph (B), records maintained by

such recipients pursuant to this subsection shall be made

available to the public upon request.

(B) Exception

Subparagraph (A) shall not apply to -

(i) information, the disclosure of which would constitute a

clearly unwarranted invasion of personal privacy; and

(ii) trade secrets, or commercial or financial information,

that is obtained from a person and privileged or

confidential.

(C) Fees to recover costs

Such recipients may charge fees sufficient to recover costs

applicable to the processing of requests for records under

subparagraph (A).

(b) Investigations of use of funds

(1) In general

(A) Secretary

In order to evaluate compliance with the provisions of this

chapter, the Secretary shall conduct, in several States, in

each fiscal year, investigations of the use of funds received

by recipients under this chapter.

(B) Comptroller General of the United States

In order to ensure compliance with the provisions of this

chapter, the Comptroller General of the United States may

conduct investigations of the use of funds received under this

chapter by any recipient.

(2) Prohibition

In conducting any investigation under this chapter, the

Secretary or the Comptroller General of the United States may not

request the compilation of any information that the recipient is

not otherwise required to compile and that is not readily

available to such recipient.

(3) Audits

(A) In general

In carrying out any audit under this chapter (other than any

initial audit survey or any audit investigating possible

criminal or fraudulent conduct), either directly or through

grant or contract, the Secretary, the Inspector General of the

Department of Labor, or the Comptroller General of the United

States shall furnish to the State, recipient, or other entity

to be audited, advance notification of the overall objectives

and purposes of the audit, and any extensive recordkeeping or

data requirements to be met, not later than 14 days (or as soon

as practicable), prior to the commencement of the audit.

(B) Notification requirement

If the scope, objectives, or purposes of the audit change

substantially during the course of the audit, the entity being

audited shall be notified of the change as soon as practicable.

(C) Additional requirement

The reports on the results of such audits shall cite the law,

regulation, policy, or other criteria applicable to any finding

contained in the reports.

(D) Rule of construction

Nothing contained in this chapter shall be construed so as to

be inconsistent with the Inspector General Act of 1978 (5

U.S.C. App.) or government auditing standards issued by the

Comptroller General of the United States.

(c) Accessibility of reports

Each State, each local board, and each recipient (other than a

subrecipient, subgrantee, or contractor of a recipient) receiving

funds under this chapter -

(1) shall make readily accessible such reports concerning its

operations and expenditures as shall be prescribed by the

Secretary;

(2) shall prescribe and maintain comparable management

information systems, in accordance with guidelines that shall be

prescribed by the Secretary, designed to facilitate the uniform

compilation, cross tabulation, and analysis of programmatic,

participant, and financial data, on statewide, local area, and

other appropriate bases, necessary for reporting, monitoring, and

evaluating purposes, including data necessary to comply with

section 2938 of this title; and

(3) shall monitor the performance of providers in complying

with the terms of grants, contracts, or other agreements made

pursuant to this chapter.

(d) Information to be included in reports

(1) In general

The reports required in subsection (c) of this section shall

include information regarding programs and activities carried out

under this chapter pertaining to -

(A) the relevant demographic characteristics (including race,

ethnicity, sex, and age) and other related information

regarding participants;

(B) the programs and activities in which participants are

enrolled, and the length of time that participants are engaged

in such programs and activities;

(C) outcomes of the programs and activities for participants,

including the occupations of participants, and placement for

participants in nontraditional employment;

(D) specified costs of the programs and activities; and

(E) information necessary to prepare reports to comply with

section 2938 of this title.

(2) Additional requirement

The Secretary shall ensure that all elements of the information

required for the reports described in paragraph (1) are defined

and reported uniformly.

(e) Quarterly financial reports

(1) In general

Each local board in the State shall submit quarterly financial

reports to the Governor with respect to programs and activities

carried out under this chapter. Such reports shall include

information identifying all program and activity costs by cost

category in accordance with generally accepted accounting

principles and by year of the appropriation involved.

(2) Additional requirement

Each State shall submit to the Secretary, on a quarterly basis,

a summary of the reports submitted to the Governor pursuant to

paragraph (1).

(f) Maintenance of additional records

Each State and local board shall maintain records with respect to

programs and activities carried out under this chapter that

identify -

(1) any income or profits earned, including such income or

profits earned by subrecipients; and

(2) any costs incurred (such as stand-in costs) that are

otherwise allowable except for funding limitations.

(g) Cost categories

In requiring entities to maintain records of costs by category

under this chapter, the Secretary shall require only that the costs

be categorized as administrative or programmatic costs.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 185, Aug. 7, 1998, 112 Stat. 1046.)

-REFTEXT-

REFERENCES IN TEXT

The Inspector General Act of 1978, referred to in subsec.

(b)(3)(D), is Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as

amended, which is set out in the Appendix to Title 5, Government

Organization and Employees.

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 1575

of this title prior to repeal by Pub. L. 105-220.

-End-

-CITE-

29 USC Sec. 2936 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER V - ADMINISTRATION

-HEAD-

Sec. 2936. Administrative adjudication

-STATUTE-

(a) In general

Whenever any applicant for financial assistance under this

chapter is dissatisfied because the Secretary has made a

determination not to award financial assistance in whole or in part

to such applicant, the applicant may request a hearing before an

administrative law judge of the Department of Labor. A similar

hearing may also be requested by any recipient for whom a

corrective action has been required or a sanction has been imposed

by the Secretary under section 2934 of this title.

(b) Appeal

The decision of the administrative law judge shall constitute

final action by the Secretary unless, within 20 days after receipt

of the decision of the administrative law judge, a party

dissatisfied with the decision or any part of the decision has

filed exceptions with the Secretary specifically identifying the

procedure, fact, law, or policy to which exception is taken. Any

exception not specifically urged shall be deemed to have been

waived. After the 20-day period the decision of the administrative

law judge shall become the final decision of the Secretary unless

the Secretary, within 30 days after such filing, has notified the

parties that the case involved has been accepted for review.

(c) Time limit

Any case accepted for review by the Secretary under subsection

(b) of this section shall be decided within 180 days after such

acceptance. If the case is not decided within the 180-day period,

the decision of the administrative law judge shall become the final

decision of the Secretary at the end of the 180-day period.

(d) Additional requirement

The provisions of section 2937 of this title shall apply to any

final action of the Secretary under this section.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 186, Aug. 7, 1998, 112 Stat. 1048.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 1576

of this title prior to repeal by Pub. L. 105-220.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2937 of this title.

-End-

-CITE-

29 USC Sec. 2937 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER V - ADMINISTRATION

-HEAD-

Sec. 2937. Judicial review

-STATUTE-

(a) Review

(1) Petition

With respect to any final order by the Secretary under section

2936 of this title by which the Secretary awards, declines to

award, or only conditionally awards, financial assistance under

his (!1) chapter, or any final order of the Secretary under

section 2936 of this title with respect to a corrective action or

sanction imposed under section 2934 of this title, any party to a

proceeding which resulted in such final order may obtain review

of such final order in the United States Court of Appeals having

jurisdiction over the applicant or recipient of funds involved,

by filing a review petition within 30 days after the date of

issuance of such final order.

(2) Action on petition

The clerk of the court shall transmit a copy of the review

petition to the Secretary who shall file the record on which the

final order was entered as provided in section 2112 of title 28.

The filing of a review petition shall not stay the order of the

Secretary, unless the court orders a stay. Petitions filed under

this subsection shall be heard expeditiously, if possible within

10 days after the date of filing of a reply to the petition.

(3) Standard and scope of review

No objection to the order of the Secretary shall be considered

by the court unless the objection was specifically urged, in a

timely manner, before the Secretary. The review shall be limited

to questions of law and the findings of fact of the Secretary

shall be conclusive if supported by substantial evidence.

(b) Judgment

The court shall have jurisdiction to make and enter a decree

affirming, modifying, or setting aside the order of the Secretary

in whole or in part. The judgment of the court regarding the order

shall be final, subject to certiorari review by the Supreme Court

as provided in section 1254(1) of title 28.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 187, Aug. 7, 1998, 112 Stat. 1049.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 1578

of this title prior to repeal by Pub. L. 105-220.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2936 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "this".

-End-

-CITE-

29 USC Sec. 2938 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER V - ADMINISTRATION

-HEAD-

Sec. 2938. Nondiscrimination

-STATUTE-

(a) In general

(1) Federal financial assistance

For the purpose of applying the prohibitions against

discrimination on the basis of age under the Age Discrimination

Act of 1975 (42 U.S.C. 6101 et seq.), on the basis of disability

under section 504 of the Rehabilitation Act of 1973 (29 U.S.C.

794), on the basis of sex under title IX of the Education

Amendments of 1972 (20 U.S.C. 1681 et seq.), or on the basis of

race, color, or national origin under title VI of the Civil

Rights Act of 1964 (42 U.S.C. 2000d et seq.), programs and

activities funded or otherwise financially assisted in whole or

in part under this Act are considered to be programs and

activities receiving Federal financial assistance.

(2) Prohibition of discrimination regarding participation,

benefits, and employment

No individual shall be excluded from participation in, denied

the benefits of, subjected to discrimination under, or denied

employment in the administration of or in connection with, any

such program or activity because of race, color, religion, sex

(except as otherwise permitted under title IX of the Education

Amendments of 1972 [20 U.S.C. 1681 et seq.]), national origin,

age, disability, or political affiliation or belief.

(3) Prohibition on assistance for facilities for sectarian

instruction or religious worship

Participants shall not be employed under this chapter to carry

out the construction, operation, or maintenance of any part of

any facility that is used or to be used for sectarian instruction

or as a place for religious worship (except with respect to the

maintenance of a facility that is not primarily or inherently

devoted to sectarian instruction or religious worship, in a case

in which the organization operating the facility is part of a

program or activity providing services to participants).

(4) Prohibition on discrimination on basis of participant status

No person may discriminate against an individual who is a

participant in a program or activity that receives funds under

this chapter, with respect to the terms and conditions affecting,

or rights provided to, the individual, solely because of the

status of the individual as a participant.

(5) Prohibition on discrimination against certain noncitizens

Participation in programs and activities or receiving funds

under this chapter shall be available to citizens and nationals

of the United States, lawfully admitted permanent resident

aliens, refugees, asylees, and parolees, and other immigrants

authorized by the Attorney General to work in the United States.

(b) Action of Secretary

Whenever the Secretary finds that a State or other recipient of

funds under this chapter has failed to comply with a provision of

law referred to in subsection (a)(1) of this section, or with

paragraph (2), (3), (4), or (5) of subsection (a) of this section,

including an applicable regulation prescribed to carry out such

provision or paragraph, the Secretary shall notify such State or

recipient and shall request that the State or recipient comply. If

within a reasonable period of time, not to exceed 60 days, the

State or recipient fails or refuses to comply, the Secretary may -

(1) refer the matter to the Attorney General with a

recommendation that an appropriate civil action be instituted; or

(2) take such other action as may be provided by law.

(c) Action of Attorney General

When a matter is referred to the Attorney General pursuant to

subsection (b)(1) of this section, or whenever the Attorney General

has reason to believe that a State or other recipient of funds

under this chapter is engaged in a pattern or practice of

discrimination in violation of a provision of law referred to in

subsection (a)(1) of this section or in violation of paragraph (2),

(3), (4), or (5) of subsection (a) of this section, the Attorney

General may bring a civil action in any appropriate district court

of the United States for such relief as may be appropriate,

including injunctive relief.

(d) Job Corps

For the purposes of this section, Job Corps members shall be

considered as the ultimate beneficiaries of Federal financial

assistance.

(e) Regulations

The Secretary shall issue regulations necessary to implement this

section not later than one year after August 7, 1998. Such

regulations shall adopt standards for determining discrimination

and procedures for enforcement that are consistent with the Acts

referred to in a (!1) subsection (a)(1) of this section, as well as

procedures to ensure that complaints filed under this section and

such Acts are processed in a manner that avoids duplication of

effort.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 188, Aug. 7, 1998, 112 Stat. 1049.)

-REFTEXT-

REFERENCES IN TEXT

The Age Discrimination Act of 1975, referred to in subsec.

(a)(1), is title III of Pub. L. 94-135, Nov. 28, 1975, 89 Stat.

728, as amended, which is classified generally to chapter 76 (Sec.

6101 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 6101 of Title 42 and Tables.

The Education Amendments of 1972, referred to in subsec. (a)(1),

(2), is Pub. L. 92-318, June 23, 1972, 86 Stat. 235, as amended.

Title IX of the Act, known as the Patsy Takemoto Mink Equal

Opportunity in Education Act, is classified principally to chapter

38 (Sec. 1681 et seq.) of Title 20, Education. For complete

classification of title IX to the Code, see Short Title note set

out under section 1681 of Title 20 and Tables.

The Civil Rights Act of 1964, referred to in subsec. (a)(1), is

Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of

the Act is classified generally to subchapter V (Sec. 2000d et

seq.) of chapter 21 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 2000a of Title 42 and Tables.

This Act, referred to in subsec. (a)(1), is Pub. L. 105-220, Aug.

7, 1998, 112 Stat. 936, as amended, known as the Workforce

Investment Act of 1998. For complete classification of this Act to

the Code, see Short Title note set out under section 9201 of Title

20, Education, and Tables.

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 1577

of this title prior to repeal by Pub. L. 105-220.

-TRANS-

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF

FUNCTIONS

For abolition of Immigration and Naturalization Service, transfer

of functions, and treatment of related references, see note set out

under section 1551 of Title 8, Aliens and Nationality.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2935 of this title.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

29 USC Sec. 2939 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER V - ADMINISTRATION

-HEAD-

Sec. 2939. Administrative provisions

-STATUTE-

(a) In general

The Secretary may, in accordance with chapter 5 of title 5,

prescribe rules and regulations to carry out this chapter only to

the extent necessary to administer and ensure compliance with the

requirements of this chapter. Such rules and regulations may

include provisions making adjustments authorized by section 6504 of

title 31. All such rules and regulations shall be published in the

Federal Register at least 30 days prior to their effective dates.

Copies of each such rule or regulation shall be transmitted to the

appropriate committees of Congress on the date of such publication

and shall contain, with respect to each material provision of such

rule or regulation, a citation to the particular substantive

section of law that is the basis for the provision.

(b) Acquisition of certain property and services

The Secretary is authorized, in carrying out this chapter, to

accept, purchase, or lease in the name of the Department of Labor,

and employ or dispose of in furtherance of the purposes of this

chapter, any money or property, real, personal, or mixed, tangible

or intangible, received by gift, devise, bequest, or otherwise, and

to accept voluntary and uncompensated services notwithstanding the

provisions of section 1342 of title 31.

(c) Authority to enter into certain agreements and to make certain

expenditures

The Secretary may make such grants, enter into such contracts or

agreements, establish such procedures, and make such payments, in

installments and in advance or by way of reimbursement, or

otherwise allocate or expend such funds under this chapter, as may

be necessary to carry out this chapter, including making

expenditures for construction, repairs, and capital improvements,

and including making necessary adjustments in payments on account

of over-payments or underpayments.

(d) Annual report

The Secretary shall prepare and submit to Congress an annual

report regarding the programs and activities carried out under this

chapter. The Secretary shall include in such report -

(1) a summary of the achievements, failures, and problems of

the programs and activities in meeting the objectives of this

chapter;

(2) a summary of major findings from research, evaluations,

pilot projects, and experiments conducted under this chapter in

the fiscal year prior to the submission of the report;

(3) recommendations for modifications in the programs and

activities based on analysis of such findings; and

(4) such other recommendations for legislative or

administrative action as the Secretary determines to be

appropriate.

(e) Utilization of services and facilities

The Secretary is authorized, in carrying out this chapter, under

the same procedures as are applicable under subsection (c) of this

section or to the extent permitted by law other than this chapter,

to accept and use the services and facilities of departments,

agencies, and establishments of the United States. The Secretary is

also authorized, in carrying out this chapter, to accept and use

the services and facilities of the agencies of any State or

political subdivision of a State, with the consent of the State or

political subdivision.

(f) Obligational authority

Notwithstanding any other provision of this chapter, the

Secretary shall have no authority to enter into contracts, grant

agreements, or other financial assistance agreements under this

chapter except to such extent and in such amounts as are provided

in advance in appropriations Acts.

(g) Program year

(1) In general

(A) Program year

Except as provided in subparagraph (B), appropriations for

any fiscal year for programs and activities carried out under

this chapter shall be available for obligation only on the

basis of a program year. The program year shall begin on July 1

in the fiscal year for which the appropriation is made.

(B) Youth activities

The Secretary may make available for obligation, beginning

April 1 of any fiscal year, funds appropriated for such fiscal

year to carry out youth activities under subchapter II of this

chapter.

(2) Availability

Funds obligated for any program year for a program or activity

carried out under this chapter may be expended by each State

receiving such funds during that program year and the 2

succeeding program years. Funds obligated for any program year

for a program or activity carried out under section 2916 or 2917

of this title shall remain available until expended. Funds

received by local areas from States under this chapter during a

program year may be expended during that program year and the

succeeding program year. No amount of the funds described in this

paragraph shall be deobligated on account of a rate of

expenditure that is consistent with a State plan, an operating

plan described in section 2891 of this title, or a plan, grant

agreement, contract, application, or other agreement described in

subchapter IV of this chapter, as appropriate.

(h) Enforcement of Military Selective Service Act

The Secretary shall ensure that each individual participating in

any program or activity established under this chapter, or

receiving any assistance or benefit under this chapter, has not

violated section 3 of the Military Selective Service Act (50 U.S.C.

App. 453) by not presenting and submitting to registration as

required pursuant to such section. The Director of the Selective

Service System shall cooperate with the Secretary to enable the

Secretary to carry out this subsection.

(i) Waivers and special rules

(1) Existing waivers

With respect to a State that has been granted a waiver under

the provisions relating to training and employment services of

the Department of Labor in title I of the Departments of Labor,

Health and Human Services, and Education, and Related Agencies

Appropriations Act, 1998 (Public Law 105-78; 111 Stat. 1467), the

authority provided under such waiver shall continue in effect and

apply, and include a waiver of the related provisions of

subchapter II of this chapter and this subchapter, for the

duration of the initial waiver.

(2) Special rule regarding designated areas

A State that has enacted, not later than December 31, 1997, a

State law providing for the designation of service delivery areas

for the delivery of workforce investment activities, may use such

areas as local areas under this chapter, notwithstanding section

2831 of this title.

(3) Special rule regarding sanctions

A State that enacts, not later than December 31, 1997, a State

law providing for the sanctioning of such service delivery areas

for failure to meet performance measures for workforce investment

activities, may use the State law to sanction local areas for

failure to meet State performance measures under this chapter.

(4) General waivers of statutory or regulatory requirements

(A) General authority

Notwithstanding any other provision of law, the Secretary may

waive for a State, or a local area in a State, pursuant to a

request submitted by the Governor of the State (in consultation

with appropriate local elected officials) that meets the

requirements of subparagraph (B) -

(i) any of the statutory or regulatory requirements of

subchapter II of this chapter or this subchapter (except for

requirements relating to wage and labor standards, including

nondisplacement protections, worker rights, participation and

protection of workers and participants, grievance procedures

and judicial review, nondiscrimination, allocation of funds

to local areas, eligibility of providers or participants, the

establishment and functions of local areas and local boards,

and procedures for review and approval of plans); and

(ii) any of the statutory or regulatory requirements of

sections 49g through 49i of this title (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).

(B) Requests

A Governor requesting a waiver under subparagraph (A) shall

submit a plan to the Secretary to improve the statewide

workforce investment system that -

(i) identifies the statutory or regulatory requirements

that are requested to be waived and the goals that the State

or local area in the State, as appropriate, intends to

achieve as a result of the waiver;

(ii) describes the actions that the State or local area, as

appropriate, has undertaken to remove State or local

statutory or regulatory barriers;

(iii) describes the goals of the waiver and the expected

programmatic outcomes if the request is granted;

(iv) describes the individuals impacted by the waiver; and

(v) describes the process used to monitor the progress in

implementing such a waiver, and the process by which notice

and an opportunity to comment on such request has been

provided to the local board.

(C) Conditions

Not later than 90 days after the date of the original

submission of a request for a waiver under subparagraph (A),

the Secretary shall provide a waiver under this paragraph if

and only to the extent that -

(i) the Secretary determines that the requirements

requested to be waived impede the ability of the State or

local area, as appropriate, to implement the plan described

in subparagraph (B); and

(ii) the State has executed a memorandum of understanding

with the Secretary requiring such State to meet, or ensure

that the local area meets, agreed-upon outcomes and to

implement other appropriate measures to ensure

accountability.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 189, Aug. 7, 1998, 112 Stat. 1051;

Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 401(13)],

Oct. 21, 1998, 112 Stat. 2681-337, 2681-411.)

-REFTEXT-

REFERENCES IN TEXT

Title I of the Departments of Labor, Health and Human Services,

and Education, and related Agencies Appropriations Act, 1998,

referred to in subsec. (i)(1), is title I of Pub. L. 105-78, Nov.

13, 1997, 111 Stat. 1467.

-COD-

CODIFICATION

In subsec. (a), "section 6504 of title 31" substituted for

"section 204 of the Intergovernmental Cooperation Act of 1968" on

authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.

1067, the first section of which enacted Title 31, Money and

Finance.

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in sections

1504, 1571, and 1579 to 1581 of this title prior to repeal by Pub.

L. 105-220.

AMENDMENTS

1998 - Subsec. (i)(1). Pub. L. 105-277 substituted "1998 (Public

Law 105-78; 111 Stat. 1467)" for "1997 (Public Law 104-208; 110

Stat. 3009-234)". The substitution was made to reflect the probable

intent of Congress, in the absence of closing quotation marks

designating the provisions to be inserted.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2911, 2919, 2932 of this

title.

-End-

-CITE-

29 USC Sec. 2940 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER V - ADMINISTRATION

-HEAD-

Sec. 2940. References

-STATUTE-

(a) References to Comprehensive Employment and Training Act

Except as otherwise specified, a reference in a Federal law

(other than a reference in a provision amended by the Reading

Excellence Act) to a provision of the Comprehensive Employment and

Training Act -

(1) effective on August 7, 1998, shall be deemed to refer to

the corresponding provision of the Job Training Partnership Act

or of the Workforce Investment Act of 1998; and

(2) effective on July 1, 2000, shall be deemed to refer to the

corresponding provision of the Workforce Investment Act of 1998.

(b) References to Job Training Partnership Act

Except as otherwise specified, a reference in a Federal law

(other than a reference in this Act or a reference in a provision

amended by the Reading Excellence Act) to a provision of the Job

Training Partnership Act -

(1) effective on August 7, 1998, shall be deemed to refer to

that provision or the corresponding provision of the Workforce

Investment Act of 1998; and

(2) effective on July 1, 2000, shall be deemed to refer to the

corresponding provision of the Workforce Investment Act of 1998.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 190, Aug. 7, 1998, 112 Stat. 1054;

Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 405(h)(1)],

Oct. 21, 1998, 112 Stat. 2681-337, 2681-435.)

-REFTEXT-

REFERENCES IN TEXT

The Comprehensive Employment and Training Act, referred to in

subsec. (a), is Pub. L. 93-203, Dec. 28, 1973, 87 Stat. 839, as

amended, which was classified generally to chapter 17 (Sec. 801 et

seq.) of this title, and was repealed by section 184(a)(1) of the

Job Training Partnership Act, Pub. L. 97-300, title I, Oct. 13,

1982, 96 Stat. 1357.

The Reading Excellence Act, referred to in text, is section

101(f) [title VIII] of Pub. L. 105-277, div. A, Oct. 21, 1998, 112

Stat. 2681-337, 2681-391. The provisions of title VIII of section

101(f) appear at 112 Stat. 2681-391 to 2681-435. For complete

classification of this Act to the Code, see Tables.

The Job Training Partnership Act, referred to in subsecs. (a)(1)

and (b), is Pub. L. 97-300, Oct. 13, 1982, 96 Stat. 1322, as

amended, which was classified generally to chapter 19 (Sec. 1501 et

seq.) of this title, prior to repeal by Pub. L. 105-220, title I,

Sec. 199(b)(2), (c)(2)(B), Aug. 7, 1998, 112 Stat. 1059. For

complete classification of this Act to the Code, see Tables.

The Workforce Investment Act of 1998, referred to in text, is

Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as amended. For

complete classification of this Act to the Code, see Short Title

note set out under section 9201 of Title 20, Education, and Tables.

This Act, referred to in subsec. (b), is the Workforce Investment

Act of 1998. See note above.

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-277 amended section catchline and text

generally. Prior to amendment, text read as follows: "Effective on

August 7, 1998, all references in any other provision of law (other

than section 665 of title 18) to the Comprehensive Employment and

Training Act, or to the Job Training Partnership Act, as the case

may be, shall be deemed to refer to the 'Workforce Investment Act

of 1998.' "

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec.

405(h)(2)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-435, provided

that: "The amendment made by paragraph (1) [amending this section]

shall take effect as if included in the Workforce Investment Act of

1998 [Pub. L. 105-220]."

PREPARATION OF LEGISLATION TO MAKE TECHNICAL AND CONFORMING

AMENDMENTS

Pub. L. 105-220, title I, Sec. 199A, Aug. 7, 1998, 112 Stat.

1059, as amended by Pub. L. 105-277, div. A, Sec. 101(f) [title

VIII, Sec. 405(h)(3)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-435,

provided that:

"(a) Preparation. - After consultation with the appropriate

committees of Congress and the Director of the Office of Management

and Budget, the Secretary shall prepare recommended legislation

containing technical and conforming amendments to reflect the

changes made by this subtitle [subtitle F (Secs. 199, 199A) of

title I of Pub. L. 105-220, repealing sections 1501 to 1505, 1511

to 1583, 1592 to 1735, 1737, 1751 to 1791h, 1792 to 1792b, and 2301

to 2314 of this title, section 211 of former Title 40, Appendix,

Public Buildings, Property, and Works, sections 11421, 11441 to

11447, 11449, 11450, 11461 to 11466, 11471, and 11472 of Title 42,

The Public Health and Welfare, and sections 42101 to 42106 of Title

49, Transportation, enacting provisions set out as notes under

sections 1501 and 2301 of this title and section 11421 of Title 42,

and repealing provisions set out as notes under sections 1501 and

2301 of this title and section 1255a of Title 8, Aliens and

Nationality].

"(b) Submission to Congress. - Not later than 6 months after the

date of enactment of this Act [Aug. 7, 1998], the Secretary shall

submit to Congress the recommended legislation referred to under

subsection (a)."

-End-

-CITE-

29 USC Sec. 2941 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER V - ADMINISTRATION

-HEAD-

Sec. 2941. State legislative authority

-STATUTE-

(a) Authority of State legislature

Nothing in this chapter shall be interpreted to preclude the

enactment of State legislation providing for the implementation,

consistent with the provisions of this chapter, of the activities

assisted under this chapter. Any funds received by a State under

this chapter shall be subject to appropriation by the State

legislature, consistent with the terms and conditions required

under this chapter.

(b) Interstate compacts and cooperative agreements

In the event that compliance with provisions of this chapter

would be enhanced by compacts and cooperative agreements between

States, the consent of Congress is given to States to enter into

such compacts and agreements to facilitate such compliance, subject

to the approval of the Secretary.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 191, Aug. 7, 1998, 112 Stat. 1054.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in sections

1536 and 1537 of this title prior to repeal by Pub. L. 105-220.

-End-

-CITE-

29 USC Sec. 2942 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER V - ADMINISTRATION

-HEAD-

Sec. 2942. Workforce flexibility plans

-STATUTE-

(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 chapter to local areas, pursuant to applications for

such waivers from the local areas, except for requirements

relating to the basic purposes of this chapter, 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, 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, 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

jobseekers; and

(3) any of the statutory or regulatory requirements applicable

under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) to

State agencies on aging with respect to activities carried out

using funds allotted under section 506(a)(3) (!1) of such Act (42

U.S.C. 3056d(a)(3)), except for requirements relating to the

basic purposes of such Act, wage and labor standards, eligibility

of participants in the activities, and standards for agreements.

(b) Content of plans

A workforce flexibility plan implemented by a State under

subsection (a) of this section 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 chapter; 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) the requirements applicable under the Older Americans Act

of 1965 [42 U.S.C. 3001 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 and a reasonable opportunity

for comment on the waiver requests proposed to be implemented

pursuant to such plan.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 192, Aug. 7, 1998, 112 Stat. 1054;

Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 401(14)],

Oct. 21, 1998, 112 Stat. 2681-337, 2681-411.)

-REFTEXT-

REFERENCES IN TEXT

The Older Americans Act of 1965, referred to in subsecs. (a)(3)

and (b)(3), is Pub. L. 89-73, July 14, 1965, 79 Stat. 218, as

amended, which is classified generally to chapter 35 (Sec. 3001 et

seq.) of Title 42, The Public Health and Welfare. Section 506 of

the Act, which is classified to section 3056d of Title 42, was

amended generally by Pub. L. 106-501, title V, Sec. 501, Nov. 13,

2000, 114 Stat. 2276, and provisions formerly appearing in subsec.

(a)(3) of that section are now contained in subsec. (e). For

complete classification of this Act to the Code, see Short Title

note set out under section 3001 of Title 42 and Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(2). Pub. L. 105-277 struck out comma before

"to the State, except".

Subsec. (a)(3). Pub. L. 105-277 substituted ") to" for "), to".

WORKFORCE FLEXIBILITY PARTNERSHIP DEMONSTRATION PROGRAM

Pub. L. 105-78, title I, Nov. 13, 1997, 111 Stat. 1469, provided

in part: "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 section

311(e) of Public Law 103-227 [20 U.S.C. 5891(e)], 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 29 U.S.C. 1511 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 [29 U.S.C. 49g-49i] (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 section 311(e) of

Public Law 103-227, 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 [29 U.S.C. 49 et seq.] to be

waived, the outcomes to be achieved and other measures to be taken

to ensure appropriate accountability for Federal funds."

[References to a provision of the Job Training Partnership Act,

effective Aug. 7, 1998, are 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, are deemed to refer to the corresponding provision of

the Workforce Investment Act of 1998, see section 2940(b) of this

title. For complete classification of the Workforce Investment Act

of 1998 to the Code, see Short Title note set out under section

9201 of Title 20, Education, and Tables.]

Similar provisions were contained in the following prior

appropriations act:

Pub. L. 104-208, div. A, title I, Sec. 101(e) [title I], Sept.

30, 1996, 110 Stat. 3009-233, 3009-234.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

29 USC Sec. 2943 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER V - ADMINISTRATION

-HEAD-

Sec. 2943. Use of certain real property

-STATUTE-

(a) In general

Notwithstanding any other provision of law, the Governor may

authorize a public agency to make available, for the use of a

one-stop service delivery system within the State which is carried

out by a consortium of entities that includes the public agency,

real property in which, as of August 7, 1998, the Federal

Government has acquired equity through the use of funds provided

under title III of the Social Security Act (42 U.S.C. 501 et seq.),

section 903(c) of such Act (42 U.S.C. 1103(c)), or the

Wagner-Peyser Act (29 U.S.C. 49 et seq.).

(b) Use of funds

Subsequent to the commencement of the use of the property

described in subsection (a) of this section for the functions of a

one-stop service delivery system, funds provided under the

provisions of law described in subsection (a) of this section may

only be used to acquire further equity in such property, or to pay

operating and maintenance expenses relating to such property in

proportion to the extent of the use of such property attributable

to the activities authorized under such provisions of law.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 193, Aug. 7, 1998, 112 Stat. 1055.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (a), is act Aug.

14, 1935, ch. 531, 49 Stat. 620, as amended. Title III of the Act

is classified generally to subchapter III (Sec. 501 et seq.) 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 Wagner-Peyser Act, referred to in subsec. (a), is act June 6,

1933, ch. 49, 48 Stat. 113, as amended, which is classified

generally to chapter 4B (Sec. 49 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 49 of this title and Tables.

-End-

-CITE-

29 USC Sec. 2944 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER V - ADMINISTRATION

-HEAD-

Sec. 2944. Continuation of State activities and policies

-STATUTE-

(a) In general

Notwithstanding any other provision of this chapter, 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 chapter 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 chapter, 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 2852 or 2862 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 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 2852 or 2862 of this title 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 2852 or 2862 of

this title 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 2841 of this title (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 subchapter II of this chapter

are permitted to determine that a provider shall not be selected

to provide both intake services under section 2864(d)(2) of this

title and training services under section 2864(d)(4) of this

title, 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

2822 of this title), for purposes of subchapter II of this

chapter 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 subchapter II of

this chapter 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.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 194, Aug. 7, 1998, 112 Stat. 1056.)

-REFTEXT-

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, as amended, which

was classified generally to chapter 19 (Sec. 1501 et seq.) of this

title, prior to repeal by Pub. L. 105-220, title I, Sec. 199(b)(2),

(c)(2)(B), Aug. 7, 1998, 112 Stat. 1059, effective July 1, 2000.

-End-

-CITE-

29 USC Sec. 2945 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 30 - WORKFORCE INVESTMENT SYSTEMS

SUBCHAPTER V - ADMINISTRATION

-HEAD-

Sec. 2945. General program requirements

-STATUTE-

Except as otherwise provided in this chapter, the following

conditions are applicable to all programs under this chapter:

(1) Each program under this chapter shall provide employment

and training opportunities to those who can benefit from, and who

are most in need of, such opportunities. In addition, efforts

shall be made to develop programs which contribute to

occupational development, upward mobility, development of new

careers, and opportunities for nontraditional employment.

(2) Funds provided under this chapter shall only be used for

activities that are in addition to those that would otherwise be

available in the local area in the absence of such funds.

(3)(A) Any local area may enter into an agreement with another

local area (including a local area that is a city or county

within the same labor market) to pay or share the cost of

educating, training, or placing individuals participating in

programs assisted under this chapter, including the provision of

supportive services.

(B) Such agreement shall be approved by each local board

providing guidance to the local area and shall be described in

the local plan under section 2833 of this title.

(4) On-the-job training contracts under this chapter shall not

be entered into with employers who have received payments under

previous contracts and have exhibited a pattern of failing to

provide on-the-job training participants with continued long-term

employment as regular employees with wages and employment

benefits (including health benefits) and working conditions at

the same level and to the same extent as other employees working

a similar length of time and doing the same type of work.

(5) No person or organization may charge an individual a fee

for the placement or referral of the individual in or to a

workforce investment activity under this chapter.

(6) The Secretary shall not provide financial assistance for

any program under this chapter that involves political

activities.

(7)(A) Income under any program administered by a public or

private nonprofit entity may be retained by such entity only if

such income is used to continue to carry out the program.

(B) Income subject to the requirements of subparagraph (A)

shall include -

(i) receipts from goods or services (including conferences)

provided as a result of activities funded under this chapter;

(ii) funds provided to a service provider under this chapter

that are in excess of the costs associated with the services

provided; and

(iii) interest income earned on funds received under this

chapter.

(C) For purposes of this paragraph, each entity receiving

financial assistance under this chapter shall maintain records

sufficient to determine the amount of such income received and

the purposes for which such income is expended.

(8)(A) The Secretary shall notify the Governor and the

appropriate local board and chief elected official of, and

consult with the Governor and such board and official concerning,

any activity to be funded by the Secretary under this chapter

within the corresponding State or local area.

(B) The Governor shall notify the appropriate local board and

chief elected official of, and consult with such board and

official concerning, any activity to be funded by the Governor

under this chapter within the corresponding local area.

(9)(A) All education programs for youth supported with funds

provided under part D of subchapter II of this chapter shall be

consistent with applicable State and local educational standards.

(B) Standards and procedures with respect to awarding academic

credit and certifying educational attainment in programs

conducted under such part shall be consistent with the

requirements of applicable State and local law, including

regulation.

(10) No funds available under this chapter may be used for

public service employment except as specifically authorized under

this chapter.

(11) The Federal requirements governing the chapter, use, and

disposition of real property, equipment, and supplies purchased

with funds provided under this chapter shall be the Federal

requirements generally applicable to Federal grants to States and

local governments.

(12) Nothing in this chapter shall be construed to provide an

individual with an entitlement to a service under this chapter.

(13) Services, facilities, or equipment funded under this

chapter may be used, as appropriate, on a fee-for-service basis,

by employers in a local area in order to provide employment and

training activities to incumbent workers -

(A) when such services, facilities, or equipment are not in

use for the provision of services for eligible participants

under this chapter;

(B) if such use for incumbent workers would not have an

adverse affect (!1) on the provision of services to eligible

participants under this chapter; and

(C) if the income derived from such fees is used to carry out

the programs authorized under this chapter.

-SOURCE-

(Pub. L. 105-220, title I, Sec. 195, Aug. 7, 1998, 112 Stat. 1057.)

-FOOTNOTE-

(!1) So in original. Probably should be "effect".

-End-