Title 29, LaborRelease 119-110
§3249 Secretarial Administrative Authorities and Responsibilities
Title 29 › CHAPTER 32 — WORKFORCE INNOVATION AND OPPORTUNITY › SUBCHAPTER I — WORKFORCE DEVELOPMENT ACTIVITIES › Part E — Administration › § 3249
Summary
The Secretary of Labor can make the rules needed to run and enforce the programs covered here. New rules must be put in the Federal Register at least 30 days before they start. When rules are published, copies must go to the appropriate Congressional committees and must show which law lets each rule be made. The Secretary may accept money, gifts, property, and unpaid help for these programs. The Secretary can give grants, sign contracts, set procedures, and make payments (including for building or repair work and fixing over- or underpayments). The Secretary must send an annual report to the House Committee on Education and the Workforce and to the Senate Committee on Health, Education, Labor, and Pensions. That report must summarize successes and problems, list major research or pilot findings from the prior fiscal year, recommend program changes based on those findings, and give any other suggested actions. Money for these programs is handled by "program years." Unless stated otherwise, a program year starts July 1 of the fiscal year the money is for. For youth workforce activities, funds may be used starting April 1. State funds for part B programs can be spent during the program year and the two years after it. Local areas can spend funds during the program year and the following year. Some national activities stay available until used, and long-term contracts can be funded year by year. Funds tied to plans that follow approved State or operating plans cannot be taken back just because spending is slow. The Secretary must make sure program participants met Selective Service registration rules, with help from the Selective Service Director. States with laws from December 31, 1997, may keep old service area rules and sanctions. The Secretary can also waive many program rules for a State or local area if the Governor sends a plan showing goals, impacts, and monitoring steps; the Secretary must act within 90 days if the waiver will help the plan and the State signs an agreement to meet agreed goals. Certain protections and core requirements cannot be waived.
Full Legal Text
Title 29, §3249
Labor, Source: USLM XML via OLRC
(a)In general
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)Acquisition of certain property and services
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)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 subchapter, as may be necessary 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)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
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)Obligational authority
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)Program year
(1)In general
(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)Availability
(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
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)Enforcement of Military Selective Service Act
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)Waivers
(1)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 subchapter, notwithstanding section 3121 of this title.
(2)Special rule regarding sanctions
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)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
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.
Legislative History
Notes & Related Subsidiaries
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the first day of the first full program year after
July 22, 2014 (
July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title.
Reference
Citations & Metadata
Citation
29 U.S.C. § 3249
Title 29, Labor
Last Updated
Sep 22, 2026
Release point: 119-110