
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: 29USC2939]

 
                             TITLE 29--LABOR
 
                CHAPTER 30--WORKFORCE INVESTMENT SYSTEMS
 
                      SUBCHAPTER V--ADMINISTRATION
 
Sec. 2939. Administrative provisions


(a) In general

    The Secretary may, in accordance with chapter 5 of title 5, 
prescribe rules and regulations to carry out this chapter only to the 
extent necessary to administer and ensure compliance with the 
requirements of this chapter. Such rules and regulations may include 
provisions making adjustments authorized by section 6504 of title 31. 
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 chapter, 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 chapter, 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.

(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 chapter, as may be necessary to 
carry out this chapter, 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 Congress an annual report 
regarding the programs and activities carried out under this chapter. 
The Secretary shall include in such report--
        (1) a summary of the achievements, failures, and problems of the 
    programs and activities in meeting the objectives of this chapter;
        (2) a summary of major findings from research, evaluations, 
    pilot projects, and experiments conducted under this chapter 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 chapter, under the 
same procedures as are applicable under subsection (c) of this section 
or to the extent permitted by law other than this chapter, 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 chapter, 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 chapter, the Secretary 
shall have no authority to enter into contracts, grant agreements, or 
other financial assistance agreements under this chapter 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 carried out under 
        this chapter 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 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 activities under subchapter II of this 
        chapter.

                          (2) Availability

        Funds obligated for any program year for a program or activity 
    carried out under this chapter may be expended by each State 
    receiving such funds during that program year and the 2 succeeding 
    program years. Funds obligated for any program year for a program or 
    activity carried out under section 2916 or 2917 of this title shall 
    remain available until expended. Funds received by local areas from 
    States under this chapter during a program year may be expended 
    during that program year and the succeeding program year. No amount 
    of the funds described in this paragraph shall be deobligated on 
    account of a rate of expenditure that is consistent with a State 
    plan, an operating plan described in section 2891 of this title, or 
    a plan, grant agreement, contract, application, or other agreement 
    described in subchapter IV of this chapter, as appropriate.

(h) Enforcement of Military Selective Service Act

    The Secretary shall ensure that each individual participating in any 
program or activity established under this chapter, or receiving any 
assistance or benefit under this chapter, has not violated section 3 of 
the Military Selective Service Act (50 U.S.C. App. 453) 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 and special rules

                        (1) Existing waivers

        With respect to a State that has been granted a waiver under the 
    provisions relating to training and employment services of the 
    Department of Labor in title I of the Departments of Labor, Health 
    and Human Services, and Education, and Related Agencies 
    Appropriations Act, 1998 (Public Law 105-78; 111 Stat. 1467), the 
    authority provided under such waiver shall continue in effect and 
    apply, and include a waiver of the related provisions of subchapter 
    II of this chapter and this subchapter, for the duration of the 
    initial waiver.

             (2) 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 chapter, notwithstanding section 
    2831 of this title.

                (3) Special rule regarding sanctions

        A State that enacts, not later than December 31, 1997, a State 
    law providing for the sanctioning of such service delivery areas for 
    failure to meet performance measures for workforce investment 
    activities, may use the State law to sanction local areas for 
    failure to meet State performance measures under this chapter.

     (4) 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) that meets the 
        requirements of subparagraph (B)--
                (i) any of the statutory or regulatory requirements of 
            subchapter II of this chapter or this subchapter (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, and procedures for review and 
            approval of plans); 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 investment 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 an opportunity to comment on such request has 
            been provided to the local board.

        (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 paragraph 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 meets, agreed-upon 
            outcomes and to implement other appropriate measures to 
            ensure accountability.

(Pub. L. 105-220, title I, Sec. 189, Aug. 7, 1998, 112 Stat. 1051; Pub. 
L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 401(13)], Oct. 21, 
1998, 112 Stat. 2681-337, 2681-411.)

                       References in Text

    Title I of the Departments of Labor, Health and Human Services, and 
Education, and related Agencies Appropriations Act, 1998, referred to in 
subsec. (i)(1), is title I of Pub. L. 105-78, Nov. 13, 1997, 111 Stat. 
1467.

                          Codification

    In subsec. (a), ``section 6504 of title 31'' substituted for 
``section 204 of the Intergovernmental Cooperation Act of 1968'' on 
authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, 
the first section of which enacted Title 31, Money and Finance.


                            Prior Provisions

    Provisions similar to this section were contained in sections 1504, 
1571, and 1579 to 1581 of this title prior to repeal by Pub. L. 105-220.


                               Amendments

    1998--Subsec. (i)(1). Pub. L. 105-277 substituted ``1998 (Public Law 
105-78; 111 Stat. 1467)'' for ``1997 (Public Law 104-208; 110 Stat. 
3009-234)''. The substitution was made to reflect the probable intent of 
Congress, in the absence of closing quotation marks designating the 
provisions to be inserted.

                  Section Referred to in Other Sections

    This section is referred to in sections 2911, 2932 of this title.
