Sec. 446. Requirements and restrictions
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/bill/113/s/2038/is/section-446·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 181 (29 U.S.C. 2931) is amended— in subsection (b)(6), by striking , including representatives of businesses and of labor organizations, ; in subsection (c)(2)(A), in the matter preceding clause (i), by striking shall and inserting may ; in subsection (e)— by striking training for and inserting the entry into employment, retention in employment, or increases in earnings of ; and by striking subtitle B and inserting this Act ; in subsection (f)(4), by striking 134(a)(3)(B) and inserting 133(a)(4) ; and by adding at the end the following:
No funds provided under this title shall be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of the rate prescribed in level II of the Executive Schedule under section 5315 of title 5, United States Code. The limitation described in paragraph
(1)shall not apply to vendors providing goods and services as defined in OMB Circular A–133. In a case in which a State is a recipient of such funds, the State may establish a lower limit than is provided in paragraph
(1)for salaries and bonuses of those receiving salaries and bonuses from a subrecipient of such funds, taking into account factors including the relative cost of living in the State, the compensation levels for comparable State or local government employees, and the size of the organizations that administer the Federal programs involved. The Employment and Training Administration of the Department of Labor (referred to in this Act as the Administration ) shall administer all programs authorized under title I and the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ). The Administration shall be headed by an Assistant Secretary appointed by the President by and with the advice and consent of the Senate. Except for title II and the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ), the Administration shall be the principal agency, and the Assistant Secretary shall be the principal officer, of such Department for carrying out this Act. The Assistant Secretary shall be an individual with substantial experience in workforce development and in workforce development management. The Assistant Secretary shall also, to the maximum extent possible, possess knowledge and have worked in or with the State or local workforce investment system or have been a member of the business community. In the performance of the functions of the office, the Assistant Secretary shall be directly responsible to the Secretary or the Deputy Secretary of Labor, as determined by the Secretary. The functions of the Assistant Secretary shall not be delegated to any officer not directly responsible, both with respect to program operation and administration, to the Assistant Secretary. Any reference in this Act to duties to be carried out by the Assistant Secretary shall be considered to be a reference to duties to be carried out by the Secretary acting through the Assistant Secretary. .
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- 29 USC 2931
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