View all text of Part E [§ 3241 - § 3255]
§ 3249. Secretarial administrative authorities and responsibilities
(a) In general
(b) Acquisition of certain property and services
(c) Authority to enter into certain agreements and to make certain expenditures
(d) Annual report
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) Utilization of services and facilities
(f) Obligational authority
(g) Program year
(1) In general
(A) Program year
(B) Youth workforce investment activities
(2) Availability
(A) In general
(B) Certain national activities
(i) In general
(ii) Incremental funding basis
(C) Special rule
(D) Funds for pay-for-performance contract strategies
(h) Enforcement of Military Selective Service Act
(i) Waivers
(1) Special rule regarding designated areas
(2) Special rule regarding sanctions
(3) 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) 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.
(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, agreed-upon outcomes and to implement other appropriate measures to ensure accountability.
(D) Expedited determination regarding provision of waivers
(Pub. L. 113–128, title I, § 189, July 22, 2014, 128 Stat. 1599.)