29 U.S. Code § 3249

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29 U.S. Code § 3249 - Secretarial administrative authorities and responsibilities | U.S. Code | US Law | LII / Legal Information Institute

29 U.S. Code § 3249. Secretarial administrative
authorities and responsibilities
U.S. Code

Notes

(a) I
In accordance with chapter 5 of title 5, the Secretary may prescribe rules
and regulations to carry out this subchapter, only to the extent necessary
to administer and ensure compliance with the requirements of this
subchapter. 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) A
The Secretary is authorized, in carrying out this subchapter, 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 subchapter, 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) A
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 subchapter, as may be necessary
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to carry out this subchapter, including making expenditures for
construction, repairs, and capital improvements, and including making
necessary adjustments in payments on account of over-payments or
underpayments.
(d) A

The Secretary shall prepare and submit to the

Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate an annual report regarding the programs and
activities funded under this subchapter. The Secretary shall include in such
report—
(1) a summary of the achievements, failures, and challenges of the
programs and activities in meeting the objectives of this subchapter;
(2) a summary of major findings from research, evaluations, pilot
projects, and experiments conducted under this subchapter 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) U
The Secretary is authorized, in carrying out this subchapter, under the
same procedures as are applicable under subsection (c) or to the extent
permitted by law other than this subchapter, 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 subchapter, 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) O
Notwithstanding any other provision of this subchapter, the Secretary shall
have no authority to enter into contracts, grant agreements, or other
financial assistance agreements under this subchapter, except to such
extent and in such amounts as are provided in advance in appropriations
Acts.
(g) P
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(1) I
(A) Program year
Except as provided in subparagraph (B), appropriations for any fiscal
year for programs and activities funded under this subchapter 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 workforce investment 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 workforce investment activities under part B and activities
under section 3226 of this title.
(2) A
(A) In general
Funds obligated for any program year for a program or activity
funded under part B may be expended by each State receiving such
funds during that program year and the 2 succeeding program
years. Funds received by local areas from States under part B
during a program year may be expended during that program year
and the succeeding program year.
(B) Certain national activities
(i) In general
Funds obligated for any program year for any program or activity
carried out under section 3224 of this title shall remain available
until expended.
(ii) Incremental funding basis
A contract or arrangement entered into under the authority of
subsection (a) or (b) of section 3224 of this title (relating to
evaluations, research projects, studies and reports, and
multistate projects), including a long-term, nonseverable
services contract, may be funded on an incremental basis with
annual appropriations or other available funds.
(C) Special rule

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No amount of the funds obligated for a program year for a program
or activity funded under this subchapter shall be deobligated on
account of a rate of expenditure that is consistent with a State plan,
an operating plan described in section 3201 of this title, or a plan,
grant agreement, contract, application, or other agreement
described in part D, as appropriate.
(D) Funds for pay-for-performance contract strategies
Funds used to carry out pay-for-performance contract strategies by
local areas shall remain available until expended.

(h) E
M
S
S
A
The Secretary shall ensure that each individual participating in any
program or activity established under this subchapter, or receiving any
assistance or benefit under this subchapter, has not violated section 3 of
the Military Selective Service Act (50 U.S.C. App. 453) [now 50 U.S.C.
3802] 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) W
(1) S
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 subchapter, notwithstanding section 3121 of this title.
(2) S
A State that has enacted, not later than December 31, 1997, a State
law providing for the sanctioning of such service delivery areas for
failure to meet performance accountability measures for workforce
investment activities, may use the State law to sanction local areas for
failure to meet State performance accountability measures under this
subchapter.
(3) G
(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
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consultation with appropriate local elected officials) with a plan that
meets the requirements of subparagraph (B)—
(i) any of the statutory or regulatory requirements of part A,
part B, or this part (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, the funding of infrastructure costs for one-stop
centers, and procedures for review and approval of plans, and
other requirements relating to the basic purposes of this
subchapter); 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 development 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, in the case of a waiver for a local area, an opportunity to
comment on such request has been provided to the local board
for the local area for which the waiver is requested.
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(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 subsection 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 for which the waiver is requested meets, agreedupon outcomes and to implement other appropriate measures to
ensure accountability.
(D) Expedited determination regarding provision of waivers
If the Secretary has approved a waiver of statutory or regulatory
requirements for a State or local area pursuant to this subsection,
the Secretary shall expedite the determination regarding the
provision of that waiver, for another State or local area if such
waiver is in accordance with the approved State or local plan, as
appropriate.

(Pub. L. 113–128, title I, § 189, July 22, 2014, 128 Stat. 1599.)

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