§ 2939. — Administrative provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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, 2919, 2932 of this
title.
