§ 2945. — General program requirements.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 29USC2945]
TITLE 29--LABOR
CHAPTER 30--WORKFORCE INVESTMENT SYSTEMS
SUBCHAPTER V--ADMINISTRATION
Sec. 2945. General program requirements
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
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\1\ So in original. Probably should be ``effect''.
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(C) if the income derived from such fees is used to carry
out the programs authorized under this chapter.
(Pub. L. 105-220, title I, Sec. 195, Aug. 7, 1998, 112 Stat. 1057.)
