Page:United States Statutes at Large Volume 106 Part 2.djvu/162

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106 STAT. 1042 PUBLIC LAW 102-367 —SEPT. 7, 1992 "(6) provide training and technical assistance to support comprehensive career guidance and participant activities for local programs assisted under this Act.. Subtitle D—Program Requirements for Service Delivery System SEC. 131. GENERAL PROGRAM REQUIREMENTS. (a) RELOCATION. —Section 141(c) of the Act (29 U.S.C. 1551(c)) is amended to read as follows: "(c)(1) No funds provided under this Act shall be used or proposed for use to encourage or induce the relocation, of an establishment or part thereof, that results in a loss of employment for any employee of such establishment at the original location. "(2) No funds provided under this Act shall be used for customized or skill treiining, on-the-job training, or company specific assessments of job applicants or employees, for any establishment or part thereof, that has relocated, until 120 days after the date on which such establishment commences operations at the new location, if the relocation of such establishment or part thereof, results in a loss of employment for any employee of such establishment at the original location. "(3) If a violation of paragraph (1) or (2) is alleged, the Secretary shall conduct an investigation to determine whether a violation has occurred. "(4) If the Secretary determines that a violation of paragraph (1) or (2) has occurred, the Secretary shall require the State, service delivery area, or substate grantee that has violated paragraph (1) or (2) to— "(A) repay to the United States an amount equal to the amount expended in violation of paragraph (1) or (2), in accordance with subsection (d) or (e) of section 164; and "(B) pay an additional amount equal to the amount required to be repaid under subparagraph (A), unless the State, service delivery area, or substate grantee demonstrates to the Secretary that it neither knew nor reasonably could have known (after an inquiry undertaken with due diligence) that it provided funds in violation of paragraph (1) or (2). "(5) Amounts received under paragraph (4)(B) shall be deposited in a special account in the Treasury for use by the Secretary for carrying out title III.". (b) CHARGING OF COSTS. —Section 141(d)(3) of the Act (29 U.S.C. 1551(d)(3)) is amended— (1) by inserting "(A)" after the paragraph (3) designation; and (2) by inserting the following new subparagraphs: "(B) Tuition chgirges for training or education provided by an institution of higher education (as defined in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a))) or a proprietary institution of higher education (as defined in section 481(b) of such Act (20 U.S.C. 1088(b))), that are not more than the charges for such training or education made available to the general public, do not require a breakdown of cost components. "(C) With respect to funds provided from the allocation to a service delivery area for any program year that are expended by any community-based organization or nonprofit organization for