PUBLIC LAW 105-220—AUG. 7, 1998 112 STAT. 1057 applicable to local plans and private industry councils under prior consistent State laws. (b) DEFINITION.—In this section: (1) COVERED STATE. —The term "covered State" means a State that enacted State laws described in paragraph (2). (2) PRIOR CONSISTENT STATE LAWS.— The term "prior consistent State laws" means State laws, not inconsistent with the Job Training Partnership Act or any other applicable Federal law, that took effect on September 1, 1993, September 1, 1995, and September 1, 1997. SEC. 195. GENERAL PROGRAM REQUIREMENTS. 29 USC 2945. 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 i 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 longterm 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
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