29 U.S.C. § 3254 — General program requirements

Page 947 TITLE 29—LABOR § 3254 (B) a local board in the State proposes to disburse, or disburses, within the local area, funds made available to the State under sec- tion 3162 or 3172 of this title in accordance with a disbursal procedure or process used by a private industry council under prior con- sistent 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 3162 or 3172 of this title and allocated within the State, fiscal agents selected in accordance with a process established under prior con- sistent State laws; (3) the State proposes to carry out or carries out a State procedure through which the local boards 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 state- wide system in the State under prior con- sistent State laws, in lieu of making the des- ignation or certification described in section 3151 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 per- sons responsible for selecting eligible pro- viders for purposes of part B are permitted to determine that a provider shall not be selected to provide both intake services under section 3174(c)(2) of this title and training services under section 3174(c)(3) of this title, under prior consistent State laws; (5) the State proposes to designate or des- ignates 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 3112 or 3113 of this title), for purposes of part A 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 part A in accord- ance 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 para- graph (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 ap- plicable Federal law, that took effect on Sep- tember 1, 1993, September 1, 1995, and Sep- tember 1, 1997. (Pub. L. 113–128, title I, § 193, July 22, 2014, 128 Stat. 1604.) Editorial Notes REFERENCES IN TEXT The Job Training Partnership Act, referred to in sub- sec. (b)(2), is Pub. L. 97–300, Oct. 13, 1982, 96 Stat. 1322, which was classified generally to chapter 19 (§ 1501 et seq.) of this title and was repealed by Pub. L. 105–220, title I, § 199(b)(2), (c)(2)(B), Aug. 7, 1998, 112 Stat. 1059, effective July 1, 2000. Pursuant to former section 2940(b) of this title, references to a provision of the Job Train- ing Partnership Act, effective Aug. 7, 1998, were deemed to refer to that provision or the corresponding provi- sion of the Workforce Investment Act of 1998, Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936, and, effective July 1, 2000, were deemed to refer to the corresponding provi- sion of the Workforce Investment Act of 1998. 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. For complete classifica- tion of the Job Training Partnership Act and the Work- force Investment Act of 1998 to the Code, see Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. § 3254. General program requirements Except as otherwise provided in this sub- chapter, the following conditions apply to all programs under this subchapter: (1) Each program under this subchapter shall provide employment and training opportuni- ties to those who can benefit from, and who are most in need of, such opportunities. In ad- dition, the recipients of Federal funding for programs under this subchapter shall make ef- forts 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 ad- dition 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 par- ticipating in programs assisted under this sub- chapter, 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. (4) On-the-job training contracts under this subchapter, shall not be entered into with em- ployers who have received payments under previous contracts under this Act or the Work- force Investment Act of 1998 and have exhib- ited 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. Page 948 TITLE 29—LABOR § 3254 (5) No person or organization may charge an individual a fee for the placement or referral of the individual in or to a workforce invest- ment activity under this subchapter. (6) The Secretary shall not provide financial assistance for any program under this sub- chapter that involves political activities. (7)(A) Income under any program adminis- tered by a public or private nonprofit entity may be retained by such entity only if such in- come is used to continue to carry out the pro- gram. (B) Income subject to the requirements of subparagraph (A) shall include— (i) receipts from goods or services (includ- ing conferences) provided as a result of ac- tivities 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 pro- vided; and (iii) interest income earned on funds re- ceived under this subchapter. (C) For purposes of this paragraph, each en- tity receiving financial assistance under this subchapter shall maintain records sufficient to determine the amount of such income re- ceived and the purposes for which such income is expended. (8)(A) The Secretary shall notify the Gov- ernor and the appropriate local board and chief elected official of, and consult with the Governor and such board and official con- cerning, any activity to be funded by the Sec- retary under this subchapter within the cor- responding State or local area. (B) The Governor shall notify the appro- priate local board and chief elected official of, and consult with such board and official con- cerning, any activity to be funded by the Gov- ernor under this subchapter within the cor- responding local area. (9)(A) All education programs for youth sup- ported 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 edu- cational 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 ex- cept as specifically authorized under this sub- chapter. (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 govern- ments. (12) Nothing in this subchapter shall be con- strued to provide an individual with an enti- tlement to a service under this subchapter. (13) Services, facilities, or equipment funded under this subchapter may be used, as appro- priate, on a fee-for-service basis, by employers in a local area in order to provide employment and training activities to incumbent work- ers— (A) when such services, facilities, or equip- ment are not in use for the provision of serv- ices for eligible participants under this sub- chapter; (B) if such use for incumbent workers would not have an adverse effect on the pro- vision 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 situ- ation in which a private sector employment agency (as defined in section 2000e of title 42) is providing full access to similar or related services in such a manner as to fully meet the identified need. For purposes of this para- graph, such an enterprise does not include a one-stop delivery system described in section 3151(e) of this title. (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 sec- tion 5313 of title 5. (B) The limitation described in subparagraph (A) shall not apply to vendors providing goods and services as defined in Office of Manage- ment 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 pro- vided in subparagraph (A) for salaries and bo- nuses 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 em- ployees, and the size of the organizations that administer the Federal programs involved. (Pub. L. 113–128, title I, § 194, July 22, 2014, 128 Stat. 1605.) Editorial Notes REFERENCES IN TEXT This Act, referred to in par. (4), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, known as the Workforce In- novation and Opportunity Act, which enacted this chapter, repealed chapter 30 (§ 2801 et seq.) of this title and chapter 73 (§ 9201 et seq.) of Title 20, Education, and made amendments to numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 3101 of this title and Tables. The Workforce Investment Act of 1998, referred to in par. (4), is Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936, and was repealed by Pub. L. 113–128, title V, §§ 506, 511(a), July 22, 2014, 128 Stat. 1703, 1705, effective July 1, 2015. For complete classification of this Act to the Code, see Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section Page 949 TITLE 29—LABOR § 3271 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. § 3255. Restrictions on lobbying activities (a) Publicity restrictions (1) In general No funds provided under this Act shall be used for— (A) publicity or propaganda purposes; or (B) the preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or defeat— (i) the enactment of legislation before Congress or any State or local legislature or legislative body; or (ii) any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local government. (2) Exception Paragraph (1) shall not apply to— (A) normal and recognized executive-legis- lative relationships; (B) the preparation, distribution, or use of the materials described in paragraph (1)(B) in presentation to Congress or any State or local legislature or legislative body; or (C) such preparation, distribution, or use of such materials in presentation to the ex- ecutive branch of any State or local govern- ment. (b) Salary restrictions (1) In general No funds provided under this Act shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity de- signed to influence the enactment or issuance of legislation, appropriations, regulations, ad- ministrative action, or an Executive order proposed or pending before Congress or any State government, or a State or local legisla- ture or legislative body. (2) Exception Paragraph (1) shall not apply to— (A) normal and recognized executive-legis- lative relationships; or (B) participation by an agency or officer of a State, local, or tribal government in pol- icymaking and administrative processes within the executive branch of that govern- ment. (Pub. L. 113–128, title I, § 195, July 22, 2014, 128 Stat. 1607.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (a)(1) and (b)(1), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, known as the Workforce Innovation and Opportunity Act, which enacted this chapter, repealed chapter 30 (§ 2801 et seq.) of this title and chapter 73 (§ 9201 et seq.) of Title 20, Education, and made amendments to numerous other sections and notes in the Code. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. SUBCHAPTER II—ADULT EDUCATION AND LITERACY § 3271. Purpose It is the purpose of this subchapter to create a partnership among the Federal Government, States, and localities to provide, on a voluntary basis, adult education and literacy activities, in order to— (1) assist adults to become literate and ob- tain the knowledge and skills necessary for employment and economic self-sufficiency; (2) assist adults who are parents or family members to obtain the education and skills that— (A) are necessary to becoming full part- ners in the educational development of their children; and (B) lead to sustainable improvements in the economic opportunities for their family; (3) assist adults in attaining a secondary school diploma and in the transition to post- secondary education and training, including through career pathways; and (4) assist immigrants and other individuals who are English language learners in— (A) improving their— (i) reading, writing, speaking, and com- prehension skills in English; and (ii) mathematics skills; and (B) acquiring an understanding of the American system of Government, individual freedom, and the responsibilities of citizen- ship. (Pub. L. 113–128, title II, § 202, July 22, 2014, 128 Stat. 1608.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. SHORT TITLE For short title of this subchapter as the ‘‘Adult Edu- cation and Family Literacy Act’’, see section 201 of Pub. L. 113–128, set out as a note under section 3101 of this title. Executive Documents EX. ORD. NO. 13445. STRENGTHENING ADULT EDUCATION Ex. Ord. No. 13445, Sept. 27, 2007, 72 F.R. 56165, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: SECTION 1. Policy. It is the policy of the United States to use existing Federal programs that serve adults, in- cluding new Americans, to strengthen literacy skills, improve opportunities for postsecondary education and employment, and facilitate participation in American life.