
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: 29USC2945]

 
                             TITLE 29--LABOR
 
                CHAPTER 30--WORKFORCE INVESTMENT SYSTEMS
 
                      SUBCHAPTER V--ADMINISTRATION
 
Sec. 2945. General program requirements

    Except as otherwise provided in this chapter, the following 
conditions are applicable to all programs under this chapter:
        (1) Each program under this chapter shall provide employment and 
    training opportunities to those who can benefit from, and who are 
    most in need of, such opportunities. In addition, efforts shall be 
    made to develop programs which contribute to occupational 
    development, upward mobility, development of new careers, and 
    opportunities for nontraditional employment.
        (2) Funds provided under this chapter shall only be used for 
    activities that are in addition to those 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 chapter, including the provision of supportive services.
        (B) Such agreement shall be approved by each local board 
    providing guidance to the local area and shall be described in the 
    local plan under section 2833 of this title.
        (4) On-the-job training contracts under this chapter shall not 
    be entered into with employers who have received payments under 
    previous contracts 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 chapter.
        (6) The Secretary shall not provide financial assistance for any 
    program under this chapter 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 chapter;
            (ii) funds provided to a service provider under this chapter 
        that are in excess of the costs associated with the services 
        provided; and
            (iii) interest income earned on funds received under this 
        chapter.

        (C) For purposes of this paragraph, each entity receiving 
    financial assistance under this chapter 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 chapter 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 
    chapter within the corresponding local area.
        (9)(A) All education programs for youth supported with funds 
    provided under part D of subchapter II of this chapter 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 part shall be consistent with the requirements of 
    applicable State and local law, including regulation.
        (10) No funds available under this chapter may be used for 
    public service employment except as specifically authorized under 
    this chapter.
        (11) The Federal requirements governing the chapter, use, and 
    disposition of real property, equipment, and supplies purchased with 
    funds provided under this chapter shall be the Federal requirements 
    generally applicable to Federal grants to States and local 
    governments.
        (12) Nothing in this chapter shall be construed to provide an 
    individual with an entitlement to a service under this chapter.
        (13) Services, facilities, or equipment funded under this 
    chapter 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 chapter;
            (B) if such use for incumbent workers would not have an 
        adverse affect \1\ on the provision of services to eligible 
        participants under this chapter; and
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    \1\ So in original. Probably should be ``effect''.
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            (C) if the income derived from such fees is used to carry 
        out the programs authorized under this chapter.

(Pub. L. 105-220, title I, Sec. 195, Aug. 7, 1998, 112 Stat. 1057.)
