Sec. 195. GENERAL PROGRAM REQUIREMENTS

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## SEC. 195 GENERAL PROGRAM REQUIREMENTS **[**[29 U.S.C. 2945](/us/usc/t29/s2945)**]** Except as otherwise provided in this title, the following conditions are applicable to all programs under this title: ####

(1)Each program under this title 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 title 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 title, 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 118. ####

(4)On-the-job training contracts under this title 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 title. ####

(6)The Secretary shall not provide financial assistance for any program under this title 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 title; ######

(ii)funds provided to a service provider under this title that are in excess of the costs associated with the services provided; and ######

(iii)interest income earned on funds received under this title. #####

(C)For purposes of this paragraph, each entity receiving financial assistance under this title 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 title 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 title within the corresponding local area. ####

(9)#####

(A)All education programs for youth supported with funds provided under chapter 4 of subtitle B 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 chapter shall be consistent with the requirements of applicable State and local law, including regulation. ####

(10)No funds available under this title may be used for public service employment except as specifically authorized under this title. ####

(11)The Federal requirements governing the title, use, and disposition of real property, equipment, and supplies purchased with funds provided under this title shall be the Federal requirements generally applicable to Federal grants to States and local governments. ####

(12)Nothing in this title shall be construed to provide an individual with an entitlement to a service under this title. ####

(13)Services, facilities, or equipment funded under this title 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 title; #####

(B)if such use for incumbent workers would not have an adverse affect on the provision of services to eligible participants under this title; and #####

(C)if the income derived from such fees is used to carry out the programs authorized under this title. ## Subtitle F Repeals and Conforming Amendments

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29 USC 2945

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Sec. 195

GENERAL PROGRAM REQUIREMENTS

Cite29 USC 2945

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