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29 U.S.C. § 3251 — Secretarial administrative authorities and responsibilities
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** In accordance with chapter 5 of title 5, the Secretary may prescribe rules and regulations to carry out this subchapter, only to the extent necessary to administer and ensure compliance with the requirements of this subchapter. Such rules and regulations may include provisions making adjustments authorized by [section 6504 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6504&num=0&edition=prelim). 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 subchapter, 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 subchapter, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1342&num=0&edition=prelim).
**(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 expen
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Source location: Title 29, Chapter 32, § 3251; chapter-032-workforce-innovation-and-opportunity.md
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**(a) In general** In accordance with chapter 5 of title 5, the Secretary may prescribe rules and regulations to carry out this subchapter, only to the extent necessary to administer and ensure compliance with the requirements of this subchapter. Such rules and regulations may include provisions making adjustments authorized by [section 6504 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6504&num=0&edition=prelim). 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 subchapter, 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 subchapter, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1342&num=0&edition=prelim).
**(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 subchapter, as may be necessary to carry out this subchapter, 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 the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate an annual report regarding the programs and activities funded under this subchapter. The Secretary shall include in such report—
(1) a summary of the achievements, failures, and challenges of the programs and activities in meeting the objectives of this subchapter;
(2) a summary of major findings from research, evaluations, pilot projects, and experiments conducted under this subchapter 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 subchapter, under the same procedures as are applicable under subsection (c) or to the extent permitted by law other than this subchapter, 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 subchapter, 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 subchapter, the Secretary shall have no authority to enter into contracts, grant agreements, or other financial assistance agreements under this subchapter, 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 funded under this subchapter 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 workforce investment 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 workforce investment activities under part B and activities under [section 3226 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3226&num=0&edition=prelim).
(2) **Availability**
(A) *In general* — Funds obligated for any program year for a program or activity funded under part B may be expended by each State receiving such funds during that program year and the 2 succeeding program years. Funds received by local areas from States under part B during a program year may be expended during that program year and the succeeding program year.
(B) *Certain national activities*
(i) *In general* — Funds obligated for any program year for any program or activity carried out under [section 3224 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3224&num=0&edition=prelim) shall remain available until expended.
(ii) *Incremental funding basis* — A contract or arrangement entered into under the authority of subsection (a) or (b) of [section 3224 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3224&num=0&edition=prelim) (relating to evaluations, research projects, studies and reports, and multistate projects), including a long-term, nonseverable services contract, may be funded on an incremental basis with annual appropriations or other available funds.
(C) *Special rule* — No amount of the funds obligated for a program year for a program or activity funded under this subchapter shall be deobligated on account of a rate of expenditure that is consistent with a State plan, an operating plan described in [section 3201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3201&num=0&edition=prelim), or a plan, grant agreement, contract, application, or other agreement described in part D, as appropriate.
(D) *Funds for pay-for-performance contract strategies* — Funds used to carry out pay-for-performance contract strategies by local areas shall remain available until expended.
**(h) Enforcement of Military Selective Service Act** The Secretary shall ensure that each individual participating in any program or activity established under this subchapter, or receiving any assistance or benefit under this subchapter, has not violated section 3 of the Military Selective Service Act (50 U.S.C. App. 453) [now [50 U.S.C. 3802](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3802&num=0&edition=prelim)] 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**
(1) **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 subchapter, notwithstanding [section 3121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3121&num=0&edition=prelim).
(2) **Special rule regarding sanctions** — A State that has enacted, not later than December 31, 1997, a State law providing for the sanctioning of such service delivery areas for failure to meet performance accountability measures for workforce investment activities, may use the State law to sanction local areas for failure to meet State performance accountability measures under this subchapter.
(3) **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) with a plan that meets the requirements of subparagraph (B)—
(i) any of the statutory or regulatory requirements of part A, part B, or this part (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, the funding of infrastructure costs for one-stop centers, and procedures for review and approval of plans, and other requirements relating to the basic purposes of this subchapter); 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 development 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, in the case of a waiver for a local area, an opportunity to comment on such request has been provided to the local board for the local area for which the waiver is requested.
(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 subsection 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 for which the waiver is requested meets, agreed-upon outcomes and to implement other appropriate measures to ensure accountability.
(D) *Expedited determination regarding provision of waivers* — If the Secretary has approved a waiver of statutory or regulatory requirements for a State or local area pursuant to this subsection, the Secretary shall expedite the determination regarding the provision of that waiver, for another State or local area if such waiver is in accordance with the approved State or local plan, as appropriate.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Every 4 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).
**(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 and deliver effectively a diversified program of workforce investment activities (including youth workforce investment 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) shall submit to the Secretary a plan that describes a 4-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) describe the population to be served and 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, including upgraded employment in agriculture;
(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;
(C) describe the performance accountability measures to be used to assess the performance
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 3224
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding a law of the United States providing that one State agency or multimember agency must be established or designated to carry out or supervise the administration of a grant program, the head of the executive agency carrying out the program may, when requested by the executive or legislative authority of the State responsible for the organizational structure of a State government—
(1) waive the one State agency or multimember agency provision on an adequate showing that the provision prevents the establishment of the most effective and efficient organizational arrangement within the State government; and
(2) approve another State administrative structure or arrangement after deciding that the objectives of the law authorizing the grant program will not be endangered by using another State structure or arrangement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 6504
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Federal law — U.S. Code and appendices · legal_authorities
An officer or employee of the United States Government or of the District of Columbia government may not accept voluntary services for either government or employ personal services exceeding that authorized by law except for emergencies involving the safety of human life or the protection of property. This section does not apply to a corporation getting amounts to make loans (except paid in capital amounts) without legal liability of the United States Government. As used in this section, the term “emergencies involving the safety of human life or the protection of property” does not include ongoing, regular functions of government the suspension of which would not imminently threaten the safety of human life or the protection of property.
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1342
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Assessment and counseling** The Secretary shall arrange for assessment and counseling for each enrollee at regular intervals to measure progress in the academic and career and technical education and training programs carried out through the Job Corps.
**(b) Placement** The Secretary shall arrange for assessment and counseling for enrollees prior to their scheduled graduations to determine their capabilities and, based on their capabilities, shall place the enrollees in employment leading to economic self-sufficiency for which the enrollees are trained or assist the enrollees in participating in further activities described in this part. In arranging for the placement of graduates in jobs, the Secretary shall utilize the one-stop delivery system to the maximum extent practicable.
**(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 part are met.
**(d) Services to former enrollees** The Secretary may provide such services as the Secretary determines to be appropriate under this part to former enrollees.
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 3201
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Emergency or disaster** — The term “emergency or disaster” means—
(A) an emergency or a major disaster, as defined in paragraphs (1) and (2), respectively, of [section 5122 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5122&num=0&edition=prelim); or
(B) an emergency or disaster situation of national significance that could result in a potentially large loss of employment, as declared or otherwise recognized by the chief official of a Federal agency with authority for or jurisdiction over the Federal response to the emergency or disaster situation.
(2) **Disaster area** — The term “disaster area” means an area that has suffered or in which has occurred an emergency or disaster.
**(b) In general**
(1) **Grants** — The Secretary is authorized to award national dislocated worker grants—
(A) to an entity described in subsection (c)(1)(B) 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;
(B) to provide assistance to—
(i) the Governor of any State within the boundaries of which is a disaster area, to provide disaster relief employment in the disaster area; or
(ii) the Governor of any State to which a substantial number of workers from an area in which an emergency or disaster has been declared or otherwise recognized have relocated;
(C) to provide additional assistance to a State board or local board for eligible dislocated workers in a case in which the State board or local board has expended the funds provided under this section to carry out activities described in subparagraphs (A) and (B) and can demonstrate the need for
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 3226
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Plan** For a State to be eligible to receive allotments for the core programs, the Governor shall submit to the Secretary of Labor for the approval process described under subsection (c)(2), a unified State plan. The unified State plan shall outline a 4-year strategy for the core programs of the State and meet the requirements of this section.
**(b) Contents**
(1) **Strategic planning elements** — The unified State plan shall include strategic planning elements consisting of a strategic vision and goals for preparing an educated and skilled workforce, that include—
(A) an analysis of the economic conditions in the State, including—
(i) existing and emerging in-demand industry sectors and occupations; and
(ii) the employment needs of employers, including a description of the knowledge, skills, and abilities, needed in those industries and occupations;
(B) an analysis of the current workforce, employment and unemployment data, labor market trends, and the educational and skill levels of the workforce, including individuals with barriers to employment (including individuals with disabilities), in the State;
(C) an analysis of the workforce development activities (including education and training) in the State, including an analysis of the strengths and weaknesses of such activities, and the capacity of State entities to provide such activities, in order to address the identified education and skill needs of the workforce and the employment needs of employers in the State;
(D) a description of the State’s strategic vision and goals for preparing an educated and skilled workforce (including preparing youth and individuals with barriers to employment) and for meeting the skilled workforce needs of employers, including goals relating to performanc
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 3121
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as otherwise provided in this chapter it shall be the duty of every male citizen of the United States, and every other male person residing in the United States, who, on the day or days fixed for the first or any subsequent registration, is between the ages of eighteen and twenty-six, to present himself for and submit to registration at such time or times and place or places, and in such manner, as shall be determined by proclamation of the President and by rules and regulations prescribed hereunder. The provisions of this section shall not be applicable to any alien lawfully admitted to the United States as a nonimmigrant under [section 1101(a)(15) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/15&num=0&edition=prelim), for so long as he continues to maintain a lawful nonimmigrant status in the United States.
**(b)** Regulations prescribed pursuant to subsection (a) may require that persons presenting themselves for and submitting to registration under this section provide, as part of such registration, such identifying information (including date of birth, address, and social security account number) as such regulations may prescribe.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3802
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Federal law — U.S. Code and appendices · legal_authorities
In order to simplify reporting requirements and reduce reporting burdens, the Secretary of Labor, the Secretary of Education, and the Secretary of Health and Human Services shall establish procedures and criteria under which a State board and local board may reduce reporting burdens and requirements under this Act (including the amendments made by this Act).
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 3101
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 2931, Pub. L. 105–220, title I, § 181, Aug. 7, 1998, 112 Stat. 1038, related to requirements and restrictions. See [section 3241 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3241&num=0&edition=prelim).
Provisions similar to those formerly contained in section 2931 were contained in sections 1551 to 1554 of this title prior to repeal by Pub. L. 105–220.
Section 2932, Pub. L. 105–220, title I, § 182, Aug. 7, 1998, 112 Stat. 1041, related to prompt allocation of funds. See [section 3242 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3242&num=0&edition=prelim).
Provisions similar to those formerly contained in section 2932 were contained in [section 1572 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1572&num=0&edition=prelim) prior to repeal by Pub. L. 105–220.
Section 2933, Pub. L. 105–220, title I, § 183, Aug. 7, 1998, 112 Stat. 1042, related to monitoring for compliance with chapter. See [section 3243 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3243&num=0&edition=prelim).
Provisions similar to those formerly contained in section 2933 were contained in [section 1573 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1573&num=0&edition=prelim) prior to repeal by Pub. L. 105–220.
Section 2934, Pub. L. 105–220, title I, § 184, Aug. 7, 1998, 112 Stat. 1042, related to fiscal controls and sanctions. See [section 3244 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3244&num=0&edition=prelim).
Provisions similar to those formerly contained in section 2934 were contained in [section 1
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 2931 to 2945
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Federal law — U.S. Code and appendices · legal_authorities
Page 946
TITLE 29—LABOR
§ 3251
[References to a provision of the Job Training Part-
nership 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 former section
2940(b) of this title. The Workforce Investment Act of
1998 was repealed by Pub. L. 113–128, title V, §§ 506,
511(a), July 22, 2014, 128 Stat. 1703, 1705, effective July 1,
2015. Pursuant to section 3361(a) of this title, references
to a provision of the Workforce Investment Act of 1998
are deemed to refer to the corresponding provision of
the Workforce Innovation and Opportunity Act, Pub. L.
113–128, July 22, 2014, 128 Stat. 1425. For complete classi-
fication of the Job Training Partnership Act and the
Workforce Investment Act of 1998 to the Code, see Ta-
bles. For complete classification of the Workforce Inno-
vation and Opportunity Act to the Code, see Short
Title note set out under section 3101 of this title and
Tables.]
Similar provisions were contained in the following
prior appropriations act:
Pub. L. 104–208, div. A, title I, § 101(e) [title I], Sept.
30, 1996, 110 Stat. 3009–233, 3009–234.
§ 3251. State legislative authority
(a) Authority of State legislature
Nothing in this subchapter shall be inter-
preted to preclude the enactment of State legis-
lation providing for the implementation, con-
sistent with the provisions of this subchapter, of
the activities assisted under this subchapter.
Any funds received by a State under this sub-
chapter shall be subject to appropriation by the
State legislature, consistent with the term
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 3251
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.