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29 U.S.C. § 3291 — General program requirements

Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 3291 — General program requirements

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Source file: Laws/federal/codes/united-states-code/title-29/section-3291-general-program-requirements--7146b2cd88.md
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Source location: Title 29, Chapter 32, § 3291; chapter-032-workforce-innovation-and-opportunity.md

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Except as otherwise provided in this subchapter, the following conditions apply to all programs under this subchapter: (1) Each program under this subchapter shall provide employment and training opportunities to those who can benefit from, and who are most in need of, such opportunities. In addition, the recipients of Federal funding for programs under this subchapter shall make efforts to develop programs that contribute to occupational development, upward mobility, development of new careers, and opportunities for nontraditional employment. (2) Funds provided under this subchapter shall only be used for activities that are in addition to activities 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 subchapter, including the provision of supportive services. (B) Such agreement shall be approved by each local board for a local area entering into the agreement and shall be described in the local plan under [section 3123 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3123&num=0&edition=prelim). (4) On-the-job training contracts under this subchapter, shall not be entered into with employers who have received payments under previous contracts under this Act or the Workforce Investment Act of 1998 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 subchapter. (6) The Secretary shall not provide financial assistance for any program under this subchapter 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 subchapter; (ii) funds provided to a service provider under this subchapter that are in excess of the costs associated with the services provided; and (iii) interest income earned on funds received under this subchapter. (C) For purposes of this paragraph, each entity receiving financial assistance under this subchapter 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 subchapter 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 subchapter within the corresponding local area. (9) (A) All education programs for youth supported with funds provided under subpart 2 of part B 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 subpart shall be consistent with the requirements of applicable State and local law, including regulation. (10) No funds available under this subchapter may be used for public service employment except as specifically authorized under this subchapter. (11) The Federal requirements governing the title, use, and disposition of real property, equipment, and supplies purchased with funds provided under this subchapter shall be the corresponding Federal requirements generally applicable to such items purchased through Federal grants to States and local governments. (12) Nothing in this subchapter shall be construed to provide an individual with an entitlement to a service under this subchapter. (13) Services, facilities, or equipment funded under this subchapter 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 subchapter; (B) if such use for incumbent workers would not have an adverse effect on the provision of services to eligible participants under this subchapter; and (C) if the income derived from such fees is used to carry out the programs authorized under this subchapter. (14) Funds provided under this subchapter shall not be used to establish or operate a stand-alone fee-for-service enterprise in a situation in which a private sector employment agency (as defined in [section 2000e of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e&num=0&edition=prelim)) is providing full access to similar or related services in such a manner as to fully meet the identified need. For purposes of this paragraph, such an enterprise does not include a one-stop delivery system described in [section 3151(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3151/e&num=0&edition=prelim). (15) (A) None of the funds available under this subchapter shall be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of the annual rate of basic pay prescribed for level II of the Executive Schedule under [section 5313 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5313&num=0&edition=prelim). (B) The limitation described in subparagraph (A) shall not apply to vendors providing goods and services as defined in Office of Management and Budget Circular A–133. In a case in which a State is a recipient of such funds, the State may establish a lower limit than is provided in subparagraph (A) for salaries and bonuses of those receiving salaries and bonuses from a subrecipient of such funds, taking into account factors including the relative cost of living in the State, the compensation levels for comparable State or local government employees, and the size of the organizations that administer the Federal programs involved.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2000e — Definitions

For the purposes of this subchapter— **(a)** The term “person” includes one or more individuals, governments, governmental agencies, political subdivisions, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under title 11, or receivers. **(b)** The term “employer” means a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but such term does not include (1) the United States, a corporation wholly owned by the Government of the United States, an Indian tribe, or any department or agency of the District of Columbia subject by statute to procedures of the competitive service (as defined in [section 2102 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2102&num=0&edition=prelim)), or (2) a bona fide private membership club (other than a labor organization) which is exempt from taxation under [section 501(c) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section501/c&num=0&edition=prelim), except that during the first year after March 24, 1972, persons having fewer than twenty-five employees (and their agents) shall not be considered employers. **(c)** The term “employment agency” means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person. **(d)** The term “labor organization” means a labor organization engaged in an industry affecting commerce, and any

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5313 — Positions at level II

Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 3123 — Workforce development areas

**(a) Regions** (1) **Identification** — Before the second full program year after July 22, 2014, in order for a State to receive an allotment under section 3162(b) or 3172(b) of this title and as part of the process for developing the State plan, a State shall identify regions in the State after consultation with the local boards and chief elected officials in the local areas and consistent with the considerations described in subsection (b)(1)(B). (2) **Types of regions** — For purposes of this Act, the State shall identify— (A) which regions are comprised of 1 local area that is aligned with the region; (B) which regions are comprised of 2 or more local areas that are (collectively) aligned with the region (referred to as planning regions, consistent with [section 3102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3102&num=0&edition=prelim)); and (C) which, of the regions described in subparagraph (B), are interstate areas contained within 2 or more States, and consist of labor market areas, economic development areas, or other appropriate contiguous subareas of those States. **(b) Local areas** (1) **In general** (A) *Process* — Except as provided in subsection (d), and consistent with paragraphs (2) and (3), in order for a State to receive an allotment under section 3162(b) or 3172(b) of this title, the Governor of the State shall designate local workforce development areas within the State— (i) through consultation with the State board; and (ii) after consultation with chief elected officials and local boards, and after consideration of comments received through the public comment process as described in [section 3112(b)(2)(E)(iii)(II) of this title](https://uscode.house.gov/view.xhtml?req=gran

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 3101 — Reduction of reporting burdens and requirements

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).

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 3291 — Reservation of funds; grants to eligible

Page 953 TITLE 29—LABOR § 3291 literacy activities offered by an eligible pro- vider in collaboration with an employer or em- ployee organization at a workplace or an off- site location that is designed to improve the productivity of the workforce. (17) Workforce preparation activities The term ‘‘workforce preparation activities’’ means activities, programs, or services de- signed to help an individual acquire a com- bination of basic academic skills, critical thinking skills, digital literacy skills, and self-management skills, including com- petencies in utilizing resources, using infor- mation, working with others, understanding systems, and obtaining skills necessary for successful transition into and completion of postsecondary education or training, or em- ployment. (Pub. L. 113–128, title II, § 203, July 22, 2014, 128 Stat. 1609; Pub. L. 114–95, title IX, § 9215(c), Dec. 10, 2015, 129 Stat. 2166.) Editorial Notes AMENDMENTS 2015—Par. (8). Pub. L. 114–95, which directed general amendment of ‘‘Paragraph (8) of section 203 of the Adult Education and Literacy Act’’, was executed by amending par. (8) of this section, which is section 203 of the Adult Education and Family Literacy Act, Pub. L. 113–128, to reflect the probable intent of Congress. Prior to amendment, text read as follows: ‘‘The term ‘essen- tial components of reading instruction’ has the mean- ing given the term in section 6368 of title 20.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. EFFECTIVE DATE Section effective o

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