
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 29USC2841]

 
                             TITLE 29--LABOR
 
                CHAPTER 30--WORKFORCE INVESTMENT SYSTEMS
 
     SUBCHAPTER II--STATEWIDE AND LOCAL WORKFORCE INVESTMENT SYSTEMS
 
            Part C--Workforce Investment Activities Providers
 
Sec. 2841. Establishment of one-stop delivery systems


(a) In general

    Consistent with the State plan, the local board for a local area, 
with the agreement of the chief elected official for the local area, 
shall--
        (1) develop and enter into the memorandum of understanding 
    described in subsection (c) of this section with one-stop partners;
        (2) designate or certify one-stop operators under subsection (d) 
    of this section; and
        (3) conduct oversight with respect to the one-stop delivery 
    system in the local area.

(b) One-stop partners

                        (1) Required partners

        (A) In general

            Each entity that carries out a program or activities 
        described in subparagraph (B) shall--
                (i) make available to participants, through a one-stop 
            delivery system, the services described in section 
            2864(d)(2) of this title that are applicable to such program 
            or activities; and
                (ii) participate in the operation of such system 
            consistent with the terms of the memorandum described in 
            subsection (c) of this section, and with the requirements of 
            the Federal law in which the program or activities are 
            authorized.

        (B) Programs and activities

            The programs and activities referred to in subparagraph (A) 
        consist of--
                (i) programs authorized under this chapter;
                (ii) programs authorized under the Wagner-Peyser Act (29 
            U.S.C. 49 et seq.);
                (iii) adult education and literacy activities authorized 
            under title II [20 U.S.C. 9201 et seq.];
                (iv) programs authorized under title I of the 
            Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.) (other 
            than part C of title I of such Act [29 U.S.C. 741] and 
            subject to subsection (f) of this section);
                (v) programs authorized under section 403(a)(5) of the 
            Social Security Act (42 U.S.C. 603(a)(5)) (as added by 
            section 5001 of the Balanced Budget Act of 1997);
                (vi) activities authorized under title V of the Older 
            Americans Act of 1965 (42 U.S.C. 3056 et seq.);
                (vii) postsecondary vocational education activities 
            authorized under the Carl D. Perkins Vocational and Applied 
            Technology Education Act (20 U.S.C. 2301 et seq.);
                (viii) activities authorized under chapter 2 of title II 
            of the Trade Act of 1974 (19 U.S.C. 2271 et seq.);
                (ix) activities authorized under chapter 41 of title 38;
                (x) employment and training activities carried out under 
            the Community Services Block Grant Act (42 U.S.C. 9901 et 
            seq.);
                (xi) employment and training activities carried out by 
            the Department of Housing and Urban Development; and
                (xii) programs authorized under State unemployment 
            compensation laws (in accordance with applicable Federal 
            law).

                       (2) Additional partners

        (A) In general

            In addition to the entities described in paragraph (1), 
        other entities that carry out a human resource program described 
        in subparagraph (B) may--
                (i) make available to participants, through the one-stop 
            delivery system, the services described in section 
            2864(d)(2) of this title that are applicable to such 
            program; and
                (ii) participate in the operation of such system 
            consistent with the terms of the memorandum described in 
            subsection (c) of this section, and with the requirements of 
            the Federal law in which the program is authorized;

        if the local board and chief elected official involved approve 
        such participation.

        (B) Programs

            The programs referred to in subparagraph (A) may include--
                (i) programs authorized under part A of title IV of the 
            Social Security Act (42 U.S.C. 601 et seq.);
                (ii) programs authorized under section 2015(d)(4) of 
            title 7;
                (iii) work programs authorized under section 2015(o) of 
            title 7;
                (iv) programs authorized under the National and 
            Community Service Act of 1990 (42 U.S.C. 12501 et seq.); and
                (v) other appropriate Federal, State, or local programs, 
            including programs in the private sector.

(c) Memorandum of understanding

                           (1) Development

        The local board, with the agreement of the chief elected 
    official, shall develop and enter into a memorandum of understanding 
    (between the local board and the one-stop partners), consistent with 
    paragraph (2), concerning the operation of the one-stop delivery 
    system in the local area.

                            (2) Contents

        Each memorandum of understanding shall contain--
            (A) provisions describing--
                (i) the services to be provided through the one-stop 
            delivery system;
                (ii) how the costs of such services and the operating 
            costs of the system will be funded;
                (iii) methods for referral of individuals between the 
            one-stop operator and the one-stop partners, for the 
            appropriate services and activities; and
                (iv) the duration of the memorandum and the procedures 
            for amending the memorandum during the term of the 
            memorandum; and

            (B) such other provisions, consistent with the requirements 
        of this chapter, as the parties to the agreement determine to be 
        appropriate.

(d) One-stop operators

                  (1) Designation and certification

        Consistent with paragraphs (2) and (3), the local board, with 
    the agreement of the chief elected official, is authorized to 
    designate or certify one-stop operators and to terminate for cause 
    the eligibility of such operators.

                           (2) Eligibility

        To be eligible to receive funds made available under this 
    subchapter to operate a one-stop center referred to in section 
    2864(c) of this title, an entity (which may be a consortium of 
    entities)--
            (A) shall be designated or certified as a one-stop 
        operator--
                (i) through a competitive process; or
                (ii) in accordance with an agreement reached between the 
            local board and a consortium of entities that, at a minimum, 
            includes 3 or more of the one-stop partners described in 
            subsection (b)(1) of this section; and

            (B) may be a public or private entity, or consortium of 
        entities, of demonstrated effectiveness, located in the local 
        area, which may include--
                (i) a postsecondary educational institution;
                (ii) an employment service agency established under the 
            Wagner-Peyser Act (29 U.S.C. 49 et seq.), on behalf of the 
            local office of the agency;
                (iii) a private, nonprofit organization (including a 
            community-based organization);
                (iv) a private for-profit entity;
                (v) a government agency; and
                (vi) another interested organization or entity, which 
            may include a local chamber of commerce or other business 
            organization.

                            (3) Exception

        Elementary schools and secondary schools shall not be eligible 
    for designation or certification as one-stop operators, except that 
    nontraditional public secondary schools and area vocational 
    education schools shall be eligible for such designation or 
    certification.

(e) Established one-stop delivery system

    If a one-stop delivery system has been established in a local area 
prior to August 7, 1998, the local board, the chief elected official, 
and the Governor involved may agree to certify an entity carrying out 
activities through the system as a one-stop operator for purposes of 
subsection (d) of this section, consistent with the requirements of 
subsection (b) of this section, of the memorandum of understanding, and 
of section 2864(c) of this title.

(f) Application to certain vocational rehabilitation programs

                           (1) Limitation

        Nothing in this section shall be construed to apply to part C of 
    title I of the Rehabilitation Act of 1973 (29 U.S.C. 741).

                        (2) Client assistance

        Nothing in this Act shall be construed to require that any 
    entity carrying out a client assistance program authorized under 
    section 112 of the Rehabilitation Act of 1973 (29 U.S.C. 732)--
            (A) violate the requirement of section 112(c)(1)(A) of that 
        Act that the entity be independent of any agency which provides 
        treatment, services, or rehabilitation to individuals under that 
        Act [29 U.S.C. 701 et seq.]; or
            (B) carry out any activity not authorized under section 112 
        of that Act (including appropriate Federal regulations).

(Pub. L. 105-220, title I, Sec. 121, Aug. 7, 1998, 112 Stat. 963; Pub. 
L. 105-332, Sec. 5(a), Oct. 31, 1998, 112 Stat. 3127.)

                       References in Text

    This chapter, referred to in subsecs. (b)(1)(B)(i) and (c)(2)(B), 
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 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 Wagner-Peyser Act, referred to in subsecs. (b)(1)(B)(ii) and 
(d)(2)(B)(ii), 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.
    Title II, referred to in subsec. (b)(1)(B)(iii), is title II of Pub. 
L. 105-220, Aug. 7, 1998, 112 Stat. 1059, as amended, known as the Adult 
Education and Family Literacy Act, which is classified principally to 
subchapter I (Sec. 9201 et seq.) of chapter 73 of Title 20, Education. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 9201 of Title 20 and Tables.
    The Rehabilitation Act of 1973, referred to in subsecs. 
(b)(1)(B)(iv) and (f), is Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, 
as amended, which is classified generally to chapter 16 (Sec. 701 et 
seq.) of this title. Title I of the Act is classified generally to 
subchapter I (Sec. 720 et seq.) of chapter 16 of this title. Part C of 
title I of the Act is classified generally to part C (Sec. 741) of 
subchapter I of chapter 16 of this title. For complete classification of 
this Act to the Code, see Short Title note set out under section 701 of 
this title and Tables.
    The Older Americans Act of 1965, referred to in subsec. 
(b)(1)(B)(vi), is Pub. L. 89-73, July 14, 1965, 79 Stat. 218, as 
amended. Title V of the Act, known as the Older American Community 
Service Employment Act, is classified generally to subchapter IX 
(Sec. 3056 et seq.) of chapter 35 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 3001 of Title 42 and Tables.
    The Carl D. Perkins Vocational and Applied Technology Education Act, 
referred to in subsec. (b)(1)(B)(vii), is Pub. L. 88-210, Dec. 18, 1963, 
77 Stat. 403, as amended, which was classified generally to chapter 44 
(Sec. 2301 et seq.) of Title 20, Education, prior to being amended 
generally and renamed the Carl D. Perkins Vocational and Technical 
Education Act of 1998 by Pub. L. 105-332, Sec. 1(b), Oct. 31, 1998, 112 
Stat. 3076. For complete classification of Pub. L. 88-210 to the Code, 
see Short Title note set out under section 2301 of Title 20 and Tables.
    The Trade Act of 1974, referred to in subsec. (b)(1)(B)(viii), is 
Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as amended. Chapter 2 of 
title II of the Act is classified principally to part 2 (Sec. 2271 et 
seq.) of subchapter II of chapter 12 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.
    The Community Services Block Grant Act, referred to in subsec. 
(b)(1)(B)(x), is subtitle B (Secs. 671-683) of title VI of Pub. L. 97-
35, Aug. 13, 1981, 95 Stat. 511, as amended, which is classified 
generally to chapter 106 (Sec. 9901 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 9901 of Title 42 and Tables.
    The Social Security Act, referred to in subsec. (b)(2)(B)(i), is act 
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV of 
the Act is classified generally to part A (Sec. 601 et seq.) of 
subchapter IV 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 National and Community Service Act of 1990, referred to in 
subsec. (b)(2)(B)(iv), is Pub. L. 101-610, Nov. 16, 1990, 104 Stat. 
3127, as amended, which is classified principally to chapter 129 
(Sec. 12501 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 12501 of Title 42 and Tables.
    This Act, referred to in subsec. (f)(2), 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.


                               Amendments

    1998--Subsec. (b)(1)(B)(iv). Pub. L. 105-332, Sec. 5(a)(1), inserted 
``(other than part C of title I of such Act and subject to subsection 
(f) of this section)'' before semicolon.
    Subsec. (f). Pub. L. 105-332, Sec. 5(a)(2), added subsec. (f).

                  Section Referred to in Other Sections

    This section is referred to in sections 2801, 2821, 2832, 2833, 
2864, 2944 of this title; title 20 sections 2341, 2342.
