106 STAT. 1044 PUBLIC LAW 102-367—SEPT. 7, 1992 "(ii) comply with the applicable requirements of section 164. "(B) Each on-the-job training contract that is not directly contracted by a service delivery area with an employer (but instead is contracted through an intermediary brokering contractor) shall, in addition to meeting the requirements of subparagraph (A), specify the outreach, recruitment, participant training, counseling, placement, monitoring, followup, and other services to be provided directly by the brokering contractor within its own organization, the services to be provided by the employers conducting the onthe-job training, and the services to be provided, with or without cost, by other agencies and subcontractors. "(C) If a brokering contractor enters into a contract with a subcontractor to provide training or other services, the brokering contractor shall ensure, through on-site monitoring, compliance with subcontract terms prior to making payment to the subcontractor. "(4) In accordance with regulations issued by the Secretary, onthe-job training contracts under this Act shall not be entered into with employers who have received payments under previous contracts and have exhibited a pattern of failing to provide on-thejob 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.". (f) TRAINING SERVICES REQUIREMENT FOR SUBSIDIZED EMPLOY- MENT. —Section 141(k) of the Act (29 U.S.C. 1551(k)) is amended by striking "section 205(d)(3)(B)" and inserting "subparagraphs (F) and (H) of section 264(c)(1)". (g) PROGRAM INCOME.— Section 141(m) of the Act (29 U.S.C. 155l(m)) is amended to read as follows: "(m)(l) Income under any program administered by a public or private nonprofit entity may be retained by such entity only if used to continue to carry out the program. "(2) Income subject to the requirements of paragraph (1) shall include— "(A) receipts from goods or services (including conferences) provided as a result of activities funded under the Act; "(B) funds provided to a service provider under the Act that are in excess of the costs associated with the services provided; and "(C) interest income earned on funds received under this Act. "(3) For the purposes of this subsection, each entity receiving financial assistance under this Act shall maintain records sufficient to determine the amount of income received and the purposes for which such income is expended.". (h) CROSS REFERENCE.— Section 141(p) of the Act (29 U.S.C. 155 l(p)) is amended by striking "part A of title 11" and inserting "part A or C of title IF. (i) ADDITIONAL REQUIREMENTS.— Section 141 of the Act is fiu-ther amended by adding at the end the following new subsections: "(q) No funds available under this Act shall be used for employ- ment generating activities, economic development activities, investment in revolving loan funds, capitalization of businesses, investment in contract bidding resource centers, and similar activities. No funds under title II or III of this Act shall be used for foreign travel.
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