< Back to S. 1356 (113th Congress, 2013–2015)

Text of the Workforce Investment Act of 2013

This bill was introduced on July 31, 2013, in a previous session of Congress, but was not enacted. The text of the bill below is as of Nov 12, 2013 (Reported by Senate Committee).

II

Calendar No. 243

113th CONGRESS

1st Session

S. 1356

IN THE SENATE OF THE UNITED STATES

July 24, 2013

(for herself, Mr. Isakson, Mr. Harkin, and Mr. Alexander) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

November 12, 2013

Reported by , with an amendment

Strike out all after the enacting clause and insert the part printed in italic

A BILL

To amend the Workforce Investment Act of 1998 to strengthen the United States workforce development system through innovation in, and alignment and improvement of, employment, training, and education programs in the United States, and to promote individual and national economic growth, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Workforce Investment Act of 2013 .

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Purposes.

TITLE I—System alignment and innovation

Sec. 101. Definitions.

Subtitle A—Workforce boards and plans

Chapter 1—State provisions

Sec. 111. State workforce development boards.

Sec. 112. Unified State plan.

Sec. 113. Combined State plan.

Chapter 2—Local provisions

Sec. 116. Local workforce development areas.

Sec. 117. Local workforce development boards.

Sec. 118. Local plan.

Chapter 3—General Provisions

Sec. 121. Qualifications for directors.

Sec. 122. Funding of State and local boards.

Subtitle B—Workforce development performance accountability system

Sec. 131. Performance accountability system.

Subtitle C—Workforce innovation and replication grants

Sec. 141. Purposes.

Sec. 142. Workforce innovation and replication grants.

Sec. 143. Youth innovation and replication grants.

Sec. 144. Interagency agreement.

TITLE II—Workforce investment and related activities

Subtitle A—Definition

Sec. 201. Definition.

Subtitle B—Workforce investment activities and providers

Sec. 211. Purpose.

Chapter 1—Workforce investment activities providers

Sec. 221. Establishment of one-stop delivery systems.

Sec. 222. Identification of eligible providers of training services.

Sec. 223. Eligible providers of youth workforce investment activities.

Chapter 2—Youth workforce investment activities

Sec. 226. General authorization.

Sec. 227. State allotments.

Sec. 228. Within State allocations.

Sec. 229. Use of funds for youth workforce investment activities.

Chapter 3—Adult and dislocated worker employment and training activities

Sec. 231. General authorization.

Sec. 232. State allotments.

Sec. 233. Within State allocations.

Sec. 234. Use of funds for employment and training activities.

Chapter 4—General workforce investment provisions

Sec. 236. Authorization of appropriations.

Subtitle C—Job Corps

Sec. 241. Purposes.

Sec. 242. Definitions.

Sec. 243. Establishment.

Sec. 244. Individuals eligible for the Job Corps.

Sec. 245. Recruitment, screening, selection, and assignment of enrollees.

Sec. 246. Enrollment.

Sec. 247. Job Corps centers.

Sec. 248. Program activities.

Sec. 249. Counseling and job placement.

Sec. 250. Support.

Sec. 251. Operating plan.

Sec. 252. Standards of conduct.

Sec. 253. Community participation.

Sec. 254. Industry councils.

Sec. 255. Advisory committees.

Sec. 256. Experimental, research, and demonstration projects.

Sec. 257. Application of provisions of Federal law.

Sec. 258. Special provisions.

Sec. 259. Management information.

Sec. 260. General provisions.

Sec. 261. Authorization of appropriations.

Subtitle D—National programs

Sec. 266. Native American programs.

Sec. 267. Migrant and seasonal farmworker programs.

Sec. 268. Veterans’ workforce investment programs.

Sec. 269. Technical assistance.

Sec. 270. Evaluations and research.

Sec. 271. National dislocated worker grants.

Sec. 272. YouthBuild program.

Sec. 274. Authorization of appropriations.

Subtitle E—Administration

Sec. 281. Requirements and restrictions.

Sec. 282. Prompt allocation of funds.

Sec. 283. Monitoring.

Sec. 284. Fiscal controls; sanctions.

Sec. 285. Reports; recordkeeping; investigations.

Sec. 286. Administrative adjudication.

Sec. 287. Judicial review.

Sec. 288. Nondiscrimination.

Sec. 289. Secretarial administrative authorities and responsibilities.

Sec. 290. Workforce flexibility plans.

Sec. 291. State legislative authority.

Sec. 292. Transfer of Federal equity in State employment security agency real property to the States.

Sec. 293. Continuation of State activities and policies.

Sec. 294. General program requirements.

TITLE III—Adult education and literacy

Sec. 301. Short title.

Sec. 302. Purpose.

Sec. 303. Definitions.

Sec. 304. Home schools.

Sec. 305. Rule of construction regarding postsecondary transition and concurrent enrollment activities.

Sec. 306. Authorization of appropriations.

Subtitle A—Federal provisions

Sec. 311. Reservation of funds; grants to eligible agencies; allotments.

Sec. 312. Performance accountability system.

Subtitle B—State provisions

Sec. 321. State administration.

Sec. 322. State distribution of funds; matching requirement.

Sec. 323. State leadership activities.

Sec. 324. State plan.

Sec. 325. Programs for corrections education and other institutionalized individuals.

Subtitle C—Local provisions

Sec. 331. Grants and contracts for eligible providers.

Sec. 332. Local application.

Sec. 333. Local administrative cost limits.

Subtitle D—General provisions

Sec. 341. Administrative provisions.

Sec. 342. National leadership activities.

Sec. 343. Integrated English literacy and civics education.

TITLE IV—Amendments to the Wagner-Peyser Act

Sec. 401. Employment service offices.

Sec. 402. Definitions.

Sec. 403. Federal and State employment service offices.

Sec. 404. Allotment of sums.

Sec. 405. Use of sums.

Sec. 406. State plan.

Sec. 407. Performance measures.

Sec. 408. Pilot projects.

Sec. 409. Workforce and labor market information system.

TITLE V—Amendments to the Rehabilitation Act of 1973

Subtitle A—Introductory Provisions

Sec. 501. References.

Sec. 502. Findings, purpose, policy.

Sec. 503. Disability Employment Services and Supports Administration.

Sec. 504. Definitions.

Sec. 505. Administration of the Act.

Sec. 506. Reports.

Sec. 507. Evaluation and information.

Sec. 508. Carryover.

Sec. 509. Traditionally underserved populations.

Subtitle B—Vocational rehabilitation services

Sec. 511. Declaration of policy; authorization of appropriations.

Sec. 512. State plans.

Sec. 513. Eligibility and individualized plan for employment.

Sec. 514. Vocational rehabilitation services.

Sec. 515. State Rehabilitation Council.

Sec. 516. Evaluation standards and performance indicators.

Sec. 517. Monitoring and review.

Sec. 518. Training and services for employers.

Sec. 519. State allotments.

Sec. 520. Payments to States.

Sec. 521. Client assistance program.

Sec. 522. Technical assistance for quality services.

Sec. 523. Pre-employment transition services.

Sec. 524. American Indian vocational rehabilitation services.

Sec. 525. Vocational rehabilitation services client information.

Sec. 526. GAO study on interaction with the Ticket to Work and Self-Sufficiency Program.

Subtitle C—Research and Training

Sec. 531. Purpose.

Sec. 532. Authorization of appropriations.

Sec. 533. National Institute on Disability, Independent Living, and Rehabilitation Research.

Sec. 534. Interagency committee.

Sec. 535. Research and other covered activities.

Sec. 536. Disability, Independent Living, and Rehabilitation Research Advisory Council.

Sec. 537. Definition of covered school.

Subtitle D—Professional Development and Special Projects and Demonstration

Sec. 541. Purpose; training.

Sec. 542. Demonstration and training programs.

Sec. 543. Migrant and seasonal farmworkers.

Sec. 544. Recreational programs.

Subtitle E—National Council on Disability

Sec. 551. Establishment.

Sec. 552. Report.

Sec. 553. Authorization of appropriations.

Subtitle F—Rights and advocacy

Sec. 556. Interagency Committee, Board, and Council.

Sec. 557. Protection and advocacy of individual rights.

Sec. 558. Employment of individuals with disabilities at wages below minimum wage.

Subtitle G—Employment Opportunities for Individuals With Disabilities

Sec. 561. Projects With Industry.

Sec. 562. Authorization of appropriations.

Sec. 563. Supported employment services.

Subtitle H—Independent Living Services and Centers for Independent Living

Chapter 1—General provisions

Sec. 571. Purpose.

Sec. 572. Independent Living Administration.

Sec. 573. Definitions.

Sec. 574. State plan.

Sec. 575. Statewide Independent Living Council.

Sec. 575A. Responsibilities of the ILA Director.

Chapter 2—Independent living services

Sec. 576. Administration.

Chapter 3—Centers for independent living

Sec. 581. Program authorization.

Sec. 582. Centers.

Sec. 583. Standards and assurances.

Sec. 584. Authorization of appropriations.

Chapter 4—Independent Living Services for Older Individuals who are Blind

Sec. 586. Independent living services for older individuals who are blind.

Sec. 587. Program of grants.

Sec. 588. Independent living services for older individuals who are blind authorization of appropriations.

Subtitle I—Increasing employment opportunities for individuals with disabilities

Sec. 591. Disability employment.

Subtitle J—General provisions

Sec. 596. Transfer of functions to Department of Labor, and savings provisions.

Sec. 597. Transfer of functions to Department of Health and Human Services, and savings provisions.

Sec. 598. Table of contents.

TITLE VI—General provisions

Subtitle A—Workforce investment

Sec. 601. Privacy.

Sec. 602. Buy-American requirements.

Sec. 603. Transition provisions.

Sec. 604. Effective dates.

Subtitle B—Amendments to other laws

Sec. 611. Repeal of the Workforce Investment Act of 1998.

Sec. 612. Preparation and submission of conforming amendments.

Sec. 613. Workforce investment-related conforming amendments.

Sec. 614. Disability-related conforming amendments.

2.

Purposes

The purposes of this Act are the following:

(1)

To increase, for individuals in the United States, particularly those individuals with barriers to employment, access to and opportunities for the employment, education, training, and support services they need to succeed in the labor market.

(2)

To support the alignment of workforce investment, education, and economic development systems in support of a comprehensive, accessible, and high-quality workforce development system in the United States.

(3)

To improve the quality and labor market relevance of workforce investment, education, and economic development efforts to provide America's workers with the skills and credentials necessary to secure and advance in employment with family-sustaining wages and to provide America's employers with the skilled workers the employers need to succeed in a global economy.

(4)

To promote improvement in the structure of and delivery of services through the United States workforce development system to better address the employment and skill needs of—

(A)

workers and jobseekers; and

(B)

employers.

(5)

To increase the prosperity of workers and employers in the United States, the economic growth of communities, regions, and States, and the global competitiveness of the United States.

I

System alignment and innovation

101.

Definitions

In this Act, and the core program provisions that are not in this Act, except as otherwise expressly provided:

(1)

Adult

Except as otherwise specified in section 232, the term adult means an individual who is age 18 or older.

(2)

Adult education; adult education and literacy activities

The terms adult education and adult education and literacy activities have the meanings given the terms in section 303.

(3)

Area career and technical education school

The term area career and technical education school has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).

(4)

Basic skills deficient

The term basic skills deficient means, with respect to an individual—

(A)

who is a youth, that the individual has English reading, writing, or computing skills at or below the 8th grade level on a generally accepted standardized test; or

(B)

who is a youth or adult, that the individual is unable to compute or solve problems, or read, write, or speak English at a level necessary to function on the job, in the individual's family, or in society.

(5)

Career and technical education

The term career and technical education has the meaning given the term career and technical education in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ).

(6)

Career pathway

(A)

In general

The term career pathway means a set of rigorous, engaging, and high-quality education, training, and other services to prepare individuals to meet a set of career-related objectives as referenced in subparagraph (C).

(B)

Services

The services referred to in subparagraph (A) shall be—

(i)

aligned with the skill needs of industries in the State or regional economy involved; and

(ii)

designed to increase an individual's educational and skill attainment, and improve the individual's employment outcomes and ability to meet career-related objectives, by—

(I)

preparing individuals for the full range of secondary or postsecondary education options, including apprenticeships registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.) (referred to individually in this Act as an apprenticeship, except in section 272);

(II)

including counseling to support individuals in achieving their education and career goals;

(III)

including, as appropriate for an individual, education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster; and

(IV)

organizing education, training, and other services to meet the particular needs of the individual in a manner that accelerates the educational and career advancement of the individual to the extent practicable.

(C)

Objectives

The objectives referred to in subparagraph (A) include—

(i)

enabling a worker to attain a secondary school diploma or its recognized equivalent, and at least 1 recognized postsecondary credential; and

(ii)

helping a worker enter or advance within a specific occupation or occupational cluster.

(7)

Career planning

The term career planning means the provision of a client-centered approach in the delivery of services, designed—

(A)

to prepare and coordinate comprehensive employment plans, such as service strategies, for participants to ensure access to necessary workforce investment activities and supportive services, using, where feasible, computer-based technologies; and

(B)

to provide job, education, and career counseling, as appropriate during program participation and after job placement.

(8)

Chief elected official

The term chief elected official means—

(A)

the chief elected executive officer of a unit of general local government in a local area; and

(B)

in a case in which a local area includes more than 1 unit of general local government, the individuals designated under the agreement described in section 117(c)(1)(B).

(9)

Community-based organization

The term community-based organization means a private nonprofit organization (which may include a faith-based organization), that is representative of a community or a significant segment of a community and that has demonstrated expertise and effectiveness in the field of workforce development.

(10)

Competitive integrated employment

The term competitive integrated employment has the meaning given the term in section 7 of the Rehabilitation Act of 1973 ( 29 U.S.C. 705 ), for individuals with disabilities.

(11)

Core program

The term core programs means a program authorized under a core program provision.

(12)

Core program provision

The term core program provision means—

(A)

chapter 2 and 3 of subtitle B of title II (relating to youth workforce investment activities and adult and dislocated worker employment and training activities);

(B)

title III (relating to adult education and literacy activities);

(C)

sections 1 through 13 of the Wagner-Peyser Act ( 29 U.S.C. 49 et seq.) (relating to employment services); and

(D)

title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq.), other than section 112 or part C of that title (29 U.S.C. 732, 741) (relating to vocational rehabilitation services).

(13)

Customized training

The term customized training means training—

(A)

that is designed to meet the specific requirements of an employer (including a group of employers);

(B)

that is conducted with a commitment by the employer to employ an individual upon successful completion of the training; and

(C)

for which the employer pays—

(i)

a significant portion of the cost of training, as determined by the local board involved, taking into account the size of the employer and such other factors as the local board determines to be appropriate, which may include the number of employees participating in training, wage and benefit levels of those employees (at present and anticipated upon completion of the training), relation of the training to the competitiveness of a participant, and other employer-provided training and advancement opportunities; and

(ii)

in the case of customized training (as defined in subparagraphs (A) and (B)) involving an employer located in multiple local areas in the State, a significant portion of the cost of the training, as determined by the Governor of the State, taking into account the size of the employer and such other factors as the Governor determines to be appropriate.

(14)

Dislocated worker

The term dislocated worker means an individual who—

(A)
(i)

has been terminated or laid off, or who has received a notice of termination or layoff, from employment;

(ii)
(I)

is eligible for or has exhausted entitlement to unemployment compensation; or

(II)

has been employed for a duration sufficient to demonstrate, to the appropriate entity at a one-stop center referred to in section 221(e), attachment to the workforce, but is not eligible for unemployment compensation due to insufficient earnings or having performed services for an employer that were not covered under a State unemployment compensation law; and

(iii)

is unlikely to return to a previous industry or occupation;

(B)
(i)

has been terminated or laid off, or has received a notice of termination or layoff, from employment as a result of any permanent closure of, or any substantial layoff at, a plant, facility, or enterprise;

(ii)

is employed at a facility at which the employer has made a general announcement that such facility will close within 180 days; or

(iii)

for purposes of eligibility to receive services other than training services described in section 234(c)(4), intensive services described in section 234(c)(3), or supportive services, is employed at a facility at which the employer has made a general announcement that such facility will close;

(C)

was self-employed (including employment as a farmer, a rancher, or a fisherman) but is unemployed as a result of general economic conditions in the community in which the individual resides or because of natural disasters;

(D)

is a displaced homemaker; or

(E)
(i)

is the spouse of a member of the Armed Forces on active duty (as defined in section 101(d)(1) of title 10, United States Code), and who has experienced a loss of employment as a direct result of relocation to accommodate a permanent change in duty station of such member; or

(ii)

is the spouse of a member of the Armed Forces on active duty and who meets the criteria described in paragraph (15)(B).

(15)

Displaced homemaker

The term displaced homemaker means an individual who has been providing unpaid services to family members in the home and who—

(A)
(i)

has been dependent on the income of another family member but is no longer supported by that income;

(ii)

is the dependent spouse of a member of the Armed Forces on active duty (as defined in section 101(d)(1) of title 10, United States Code) and whose family income is significantly reduced because of a deployment (as defined in section 991(b) of title 10, United States Code, or pursuant to paragraph (4) of such section), a call or order to active duty pursuant to a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code, a permanent change of station, or the service-connected (as defined in section 101(16) of title 38, United States Code) death or disability of the member; or

(iii)

is a parent whose youngest dependent child will become ineligible to receive assistance under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq.) not later than 2 years after the date on which the parent applies for assistance under such title; and

(B)

is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment.

(16)

Economic development agency

The term economic development agency includes a local planning or zoning commission or board, a community development agency, and another local agency or institution responsible for regulating, promoting, or assisting in local economic development.

(17)

Economic self-sufficiency

The term economic self-sufficiency means economic self-sufficiency within the meaning of subsections (a)(3)(A)(xii) and (d)(1)(A)(xii) of section 234.

(18)

Eligible youth

Except as provided in subtitles C and D of title II, the term eligible youth means an in-school or out-of-school youth.

(19)

Employment and training activity

The term employment and training activity means an activity described in section 234 that is carried out for an adult or dislocated worker.

(20)

English language acquisition program

The term English language acquisition program has the meaning given the term in section 303.

(21)

English language learner

The term English language learner has the meaning given the term in section 303.

(22)

Governor

The term Governor means the chief executive of a State or an outlying area.

(23)

In-demand industry sector or occupation

(A)

In general

The term in-demand industry sector or occupation means—

(i)

an industry sector that has a substantial current or potential impact (including through jobs that lead to economic self-sufficiency and opportunities for advancement) on the State, regional, or local economy, as appropriate, and that contributes to the growth or stability of other supporting businesses, or the growth of other industry sectors; or

(ii)

an occupation that currently has or is projected to have a number of positions (including positions that lead to economic self-sufficiency and opportunities for advancement) in an industry sector so as to have a significant impact on the State, regional, or local economy, as appropriate.

(B)

Determination

The determination of whether an industry sector or occupation is in-demand under this paragraph shall be made by the State board or local board, as appropriate, using State and regional business and labor market projections, including the use of labor market information.

(24)

Individual with a barrier to employment

The term individual with a barrier to employment means a member of 1 or more of the following populations:

(A)

Displaced homemakers.

(B)

Low-income individuals.

(C)

Indians, Alaska Natives, and Native Hawaiians as defined in section 266.

(D)

Individuals with disabilities, including youth who are individuals with disabilities.

(E)

Older individuals.

(F)

Ex-offenders.

(G)

Homeless individuals (as defined in section 41403(6) of the Violence Against Women Act of 1994 ( 42 U.S.C. 14043e–2(6)), except that clauses (i)(IV) and (iii) of subparagraph (B) of such section shall not apply), or homeless children and youths (as defined in section 725(2) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a(2) ), except that subparagraph (B)(iv) of such section shall not apply).

(H)

Youth who are in or have aged out of the foster care system.

(I)

Individuals who are English language learners, individuals who have low levels of literacy, and individuals facing substantial cultural barriers.

(J)

Eligible migrant and seasonal farmworkers, as defined in section 267(i).

(K)

Individuals within 2 years of exhausting lifetime eligibility under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.).

(L)

Single parents (including single pregnant women).

(M)

Such other groups as the Governor involved determines to have barriers to employment.

(25)

Individual with a disability

(A)

In general

The term individual with a disability means an individual with a disability as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ).

(B)

Individuals with disabilities

The term individuals with disabilities means more than 1 individual with a disability.

(26)

Industry or sector partnership

The term industry or sector partnership means a workforce collaborative, convened by or acting in partnership with a State board or local board, that—

(A)

organizes key stakeholders in an industry cluster into a working group that focuses on the shared goals and human resources needs of the industry cluster and that includes, at the appropriate stage of development of the partnership—

(i)

representatives of multiple businesses or other employers in the industry cluster, including small and medium-sized employers when practicable;

(ii)

1 or more representatives of a recognized State labor organization or central labor council, or another labor representative, as appropriate; and

(iii)

1 or more representatives of an institution of higher education with, or another provider of, education or training programs that support the industry cluster; and

(B)

may include representatives of—

(i)

State or local government;

(ii)

State or local economic development agencies;

(iii)

State boards or local boards, as appropriate;

(iv)

a State workforce agency or other entity providing employment services;

(v)

other State or local agencies;

(vi)

business or trade associations;

(vii)

economic development organizations;

(viii)

nonprofit organizations, community-based organizations, or intermediaries;

(ix)

philanthropic organizations;

(x)

industry associations; and

(xi)

other organizations, as determined to be necessary by the members comprising the industry or sector partnership.

(27)

In-school youth

The term in-school youth means a youth described in section 229(a)(1)(C).

(28)

Institution of higher education

The term institution of higher education has the meaning given the term in section 101, and subparagraphs (A) and (B) of section 102(a)(1), of the Higher Education Act of 1965 ( 20 U.S.C. 1001 , 1002(a)(1)).

(29)

Integrated education and training

The term integrated education and training has the meaning given the term in section 303.

(30)

Labor market area

The term labor market area means an economically integrated geographic area within which individuals can reside and find employment within a reasonable distance or can readily change employment without changing their place of residence. Such an area shall be identified in accordance with criteria used by the Bureau of Labor Statistics of the Department of Labor in defining such areas or similar criteria established by a Governor.

(31)

Literacy

The term literacy has the meaning given the term in section 303.

(32)

Local area

The term local area means a local workforce investment area designated under section 116, subject to sections 116(c)(1)(A)(v), 117(c)(4)(B)(i), and 289(i).

(33)

Local board

The term local board means a local workforce development board established under section 117, subject to section 117(c)(4)(B)(i).

(34)

Local educational agency

The term local educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ).

(35)

Local plan

The term local plan means a plan submitted under section 118, subject to section 116(c)(1)(A)(v).

(36)

Low-income individual

The term low-income individual means an individual who—

(A)

receives, or in the past 6 months has received, or is a member of a family that is receiving or in the past 6 months has received, assistance through the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.), the program of block grants to States for temporary assistance for needy families program under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), or the supplemental security income program established under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq.), or State or local income-based public assistance;

(B)

is in a family with gross income below 150 percent of the poverty line;

(C)

is a homeless individual (as defined in section 41403(6) of the Violence Against Women Act of 1994 (42 U.S.C. 14043e–2(6)), except that clauses (i)(IV) and (iii) of subparagraph (B) of such section shall not apply), or a homeless child or youth (as defined under section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)), except that subparagraph (B)(iv) of such section shall not apply);

(D)

receives or is eligible to receive a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.);

(E)

is a foster child on behalf of whom State or local government payments are made; or

(F)

is an individual with a disability whose own income meets the income requirement of subparagraph (B), but who is a member of a family whose income does not meet this requirement.

(37)

Nontraditional employment

The term nontraditional employment refers to occupations or fields of work, for which individuals from the gender involved comprise less than 25 percent of the individuals employed in each such occupation or field of work.

(38)

Offender

The term offender means an adult or juvenile—

(A)

who is or has been subject to any stage of the criminal justice process, and for whom services under this Act may be beneficial; or

(B)

who requires assistance in overcoming artificial barriers to employment resulting from a record of arrest or conviction.

(39)

Older individual

The term older individual means an individual age 55 or older.

(40)

One-stop center

The term one-stop center means a center described in section 221(e)(2).

(41)

One-stop operator

The term one-stop operator means 1 or more entities designated or certified under section 221(d).

(42)

One-stop partner

The term one-stop partner means—

(A)

an entity described in section 221(b)(1); and

(B)

an entity described in section 221(b)(2) that is participating, with the approval of the local board and chief elected official, in the operation of a one-stop delivery system.

(43)

One-stop partner program

The term one-stop partner program means a program or activities described in section 221(b) of a one-stop partner.

(44)

On-the-job training

The term on-the-job training means training by an employer that is provided to a paid participant while engaged in productive work in a job that—

(A)

provides knowledge or skills essential to the full and adequate performance of the job;

(B)

is made available through a program that provides reimbursement to the employer of up to 50 percent of the wage rate of the participant, except as provided in section 234(c)(4)(H), for the extraordinary costs of providing the training and additional supervision related to the training; and

(C)

is limited in duration as appropriate to the occupation for which the participant is being trained, taking into account the content of the training, the prior work experience of the participant, and the service strategy of the participant, as appropriate.

(45)

Outlying area

The term outlying area means—

(A)

American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands; and

(B)

the Republic of Palau, except during any period for which the Secretary of Labor and the Secretary of Education determine that a Compact of Free Association is in effect and contains provisions for training and education assistance prohibiting the assistance provided under this Act.

(46)

Out-of-school youth

The term out-of-school youth means a youth described in section 229(a)(1)(B).

(47)

Planning region

The term planning region means a planning region as described in section 116(c)(1)(A)(ii)(II).

(48)

Poverty line

The term poverty line means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) )) applicable to a family of the size involved.

(49)

Public assistance

The term public assistance means Federal, State, or local government cash payments for which eligibility is determined by a needs or income test.

(50)

Rapid response activity

The term rapid response activity means an activity provided by a State, or by an entity designated by a State, with funds provided by the State under section 234(a)(1)(A), in the case of a permanent closure or mass layoff at a plant, facility, or enterprise, or a natural or other disaster, that results in mass job dislocation, in order to assist dislocated workers in obtaining reemployment as soon as possible, with services including—

(A)

the establishment of onsite contact with employers and employee representatives—

(i)

immediately after the State is notified of a current or projected permanent closure or mass layoff; or

(ii)

in the case of a disaster, immediately after the State is made aware of mass job dislocation as a result of such disaster;

(B)

the provision of information on and access to available employment and training activities;

(C)

assistance in establishing a labor-management committee, voluntarily agreed to by labor and management, with the ability to devise and implement a strategy for assessing the employment and training needs of dislocated workers and obtaining services to meet such needs;

(D)

the provision of emergency assistance adapted to the particular closure, layoff, or disaster; and

(E)

the provision of assistance to the local community in developing a coordinated response and in obtaining access to State economic development assistance.

(51)

Recognized postsecondary credential

The term recognized postsecondary credential means a credential consisting of an industry-recognized certificate or certification, a certificate of completion of an apprenticeship, a license recognized by the State involved or Federal Government, or an associate or baccalaureate degree.

(52)

Region

The term region, used without further description, means a region identified under section 116(c), subject to section 117(a)(4)(B)(i).

(53)

School dropout

The term school dropout means an individual who is no longer attending any school and who has not received a secondary school diploma or its recognized equivalent.

(54)

Secondary school

The term secondary school has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ).

(55)

State

The term State means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

(56)

State board

The term State board means a State workforce development board established under section 111.

(57)

State plan

The term State plan, used without further description, means a unified plan under section 112 or a combined plan under section 113.

(58)

Supportive services

The term supportive services means services such as transportation, child care, dependent care, housing, and needs-related payments, that are necessary to enable an individual to participate in activities authorized under this Act.

(59)

Training services

The term training services means services described in section 234(c)(4).

(60)

Unemployed individual

The term unemployed individual means an individual who is without a job and who wants and is available for work. The determination of whether an individual is without a job, for purposes of this paragraph, shall be made in accordance with the criteria used by the Bureau of Labor Statistics of the Department of Labor in defining individuals as unemployed.

(61)

Unit of general local government

The term unit of general local government means any general purpose political subdivision of a State that has the power to levy taxes and spend funds, as well as general corporate and police powers.

(62)

Veteran; related definition

(A)

Veteran

The term veteran has the meaning given the term in section 101 of title 38, United States Code.

(B)

Recently separated veteran

The term recently separated veteran means any veteran who applies for participation under this Act within 48 months after the discharge or release from active military, naval, or air service.

(63)

Vocational rehabilitation program

The term vocational rehabilitation program means a program authorized under a provision described in paragraph (12)(D).

(64)

Workforce development activity

The term workforce development activity means an activity carried out through a workforce development program.

(65)

Workforce development program

The term workforce development program means a program made available through a workforce development system.

(66)

Workforce development system

The term workforce development system means a system that makes available the core programs, the other one-stop partner programs, and any other programs providing employment and training services as identified by a State board or local board.

(67)

Workforce investment activity

The term workforce investment activity means an employment and training activity, and a youth workforce investment activity.

(68)

Workforce preparation activities

The term workforce preparation activities has the meaning given the term in section 303.

(69)

Workplace learning advisor

The term workplace learning advisor means an individual employed by an organization who has the knowledge and skills necessary to advise other employees of that organization about the education, skill development, job training, career counseling services, and credentials, including services provided through the workforce development system, required to progress toward career goals of such employees in order to meet employer requirements related to job openings and career advancements that support economic self-sufficiency.

(70)

Youth workforce investment activity

The term youth workforce investment activity means an activity described in section 229 that is carried out for eligible youth (or as described in section 229(a)(3)(A)).

A

Workforce boards and plans

1

State provisions

111.

State workforce development boards

(a)

In general

The Governor of a State shall establish a State workforce development board to carry out the functions described in subsection (d).

(b)

Membership

(1)

In general

The State board shall include—

(A)

the Governor;

(B)

2 members of each chamber of the State legislature (to the extent consistent with State law), appointed by the appropriate presiding officers of such chamber; and

(C)

members appointed by the Governor, of which—

(i)

a majority shall be representatives of businesses in the State, who—

(I)

are owners of businesses, chief executives or operating officers of businesses, or other business executives or employers with optimum policymaking or hiring authority, and who, in addition, may be members of a local board described in section 117(b)(2)(A)(i);

(II)

represent businesses (including small businesses), or organizations representing businesses described in this subclause, that provide employment opportunities that, at a minimum, will provide clear and accessible career pathways, and include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the State; and

(III)

are appointed from among individuals nominated by State business organizations and business trade associations;

(ii)

not less than 20 percent shall be representatives of the workforce within the State, who—

(I)

shall include representatives of labor organizations, who have been nominated by State labor federations;

(II)

may include representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of individuals with barriers to employment, including organizations that serve veterans or that provide or support competitive, integrated employment for individuals with disabilities; and

(III)

may include representatives of organizations that have demonstrated experience and expertise in addressing the employment, training or education needs of eligible youth, including representatives of organizations that serve out-of-school youth; and

(iii)

the balance—

(I)

shall include representatives of government, who—

(aa)

shall include the lead State officials with primary responsibility for the core programs; and

(bb)

shall include chief elected officials (collectively representing both cities and counties, where appropriate);

(II)

shall include a representative, either an employer, a member of a labor organization, or a staff director, from a joint labor-management apprenticeship program, or if no such joint program exists in the State, a representative of an apprenticeship program in the State; and

(III)

may include such other representatives and officials as the Governor may designate, such as the State agency officials from agencies that are one-stop partners not specified in subclause (I) (including additional one-stop partners whose programs are covered by the State plan, if any), and State agency officials responsible for economic development or juvenile justice programs in the State, individuals who represent an Indian tribe or tribal organization, as such terms are defined in section 266(b), and State agency officials responsible for education programs in the State, including chief executive officers of community colleges and other institutions of higher education.

(2)

Diverse and distinct representation

The members of the State board shall represent diverse geographic areas of the State, including urban, rural, and suburban areas.

(3)

No representation of multiple categories

No person shall serve as a member for more than 1 of—

(A)

the category described in paragraph (1)(C)(i); or

(B)

1 category described in a subclause of clause (ii) or (iii) of paragraph (1)(C).

(c)

Chairperson

The Governor shall select a chairperson for the State board from among the representatives described in subsection (b)(1)(C)(i).

(d)

Functions

The State board shall assist the Governor in—

(1)

the development, implementation, and modification of the State plan, including the periodic assessment and development of recommendations regarding the implementation of the State plan;

(2)

consistent with paragraph (1), the review of statewide policies and programs and development of recommendations on actions that should be taken by the State to align core programs and other programs in the State in a manner that supports a comprehensive State workforce development system that will result in meeting the workforce needs of the State, its regions, and its local areas;

(3)

the review of and provision of comments on the State plans, if any, for activities and programs of one-stop partners that are not core programs, in order to provide strategic leadership and to align to the extent practicable such non-core programs with the core programs, and with the strategy described in the State plan under section 112 or 113;

(4)

the development of guidance for the implementation and continuous improvement of a workforce development system within the State that includes guidance on—

(A)

the identification of and means for removing barriers to coordination of, alignment of, and nonduplication among the programs and activities carried out through the system;

(B)

the development of career pathways by using workforce development programs aligned for the purpose of providing individuals, including low-skilled adults and youth, with the employment, training, education, and supportive services the individuals need to attain the necessary credentials to secure and advance in employment;

(C)

the development and expansion of strategies for meeting the needs of workers and jobseekers, and employers, including industry or sector partnership initiatives relating to in-demand industry sectors and occupations;

(D)

coordinating planning between the local boards and State entities carrying out relevant State-administered programs;

(E)

the identification of regions, including planning regions, for the purposes of section 116(c), after consultation with local boards and chief elected officials;

(F)

the provision of technical assistance to local boards, one-stop partners, one-stop operators, and providers, as appropriate, in local areas concerning planning and delivering services;

(G)

strategies to support staff training and awareness across programs supported under workforce development systems in local areas; and

(H)

the design and implementation of intake and case management information systems (including common intake, case management, performance tracking, and reporting systems), and how local input will be incorporated into such design and implementation, to improve coordination of services across workforce development programs;

(5)

the development and update of comprehensive State performance accountability measures, including State adjusted levels of performance, to assess the effectiveness of the core programs in the State as required under subtitle B;

(6)

the identification and dissemination of information on best practices, including best practices for—

(A)

the effective operation of one-stop centers, relating to the use of business outreach, partnerships, and service delivery strategies (including strategies for effectively serving individuals with barriers to employment), and other practices relevant to workforce development; and

(B)

the development of effective local boards, which may include information on those factors that contribute to enabling local boards to exceed negotiated levels of performance, sustain fiscal integrity, and achieve other measures of effectiveness;

(7)

the development and review of statewide policies affecting the coordinated provision of services through the State's one-stop delivery system described in section 221(e), including—

(A)

the development of objective criteria and procedures for use by local boards in assessing the effectiveness and continuous improvement of one-stop centers described in such section;

(B)

the development of guidance for the allocation of one-stop center infrastructure funds under section 221(h);

(C)

the development of—

(i)

statewide policies relating to the appropriate roles and contributions of entities carrying out one-stop partner programs within the one-stop delivery system, including approaches to facilitating equitable and efficient cost allocation in the one-stop delivery system;

(ii)

strategies for providing effective outreach to and improved access for individuals and employers who could benefit from services provided through the one-stop delivery system;

(iii)

strategies for technological improvements to facilitate access to, and improve the quality of, services provided through the one-stop delivery system (including access for individuals with disabilities and individuals residing in remote areas), which strategies may be utilized throughout the State; and

(iv)

strategies for aligning technology and data systems across one-stop partner programs, to enhance service delivery and improve efficiencies in reporting on performance accountability measures; and

(D)

the development of such other policies as may promote statewide objectives for, and enhance the performance of, the one-stop delivery system;

(8)

the development of allocation formulas for the distribution of funds for employment and training activities for adults, and youth workforce investment activities, to local areas as permitted under sections 228(b)(3) and 233(b)(3);

(9)

the preparation of the annual reports described in paragraphs (1) and (2) of section 131(d); and

(10)

the development of the statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act ( 29 U.S.C. 49l–2(e)).

(e)

Alternative entity

(1)

In general

For the purposes of complying with subsections (a), (b), and (c), a State may use any State entity (including a State council, State workforce development board (within the meaning of the Workforce Investment Act of 1998), combination of regional workforce development boards, or similar entity) that—

(A)

was in existence on the day before the date of enactment of the Workforce Investment Act of 1998;

(B)

is substantially similar to the State board described in subsections (a) through (c); and

(C)

includes representatives of business in the State and representatives of labor organizations in the State.

(2)

References

A reference in this Act, or a core program provision that is not in this Act, to a State board shall be considered to include such an entity.

(f)

Conflict of interest

A member of a State board may not—

(1)

vote on a matter under consideration by the State board—

(A)

regarding the provision of services by such member (or by an entity that such member represents); or

(B)

that would provide direct financial benefit to such member or the immediate family of such member; or

(2)

engage in any other activity determined by the Governor to constitute a conflict of interest as specified in the State plan.

(g)

Sunshine provision

The State board shall make available to the public, on a regular basis through open meetings, information regarding the activities of the State board, including information regarding the State plan, or a modification to the State plan, prior to submission of the plan or modification of the plan, respectively, information regarding membership, and, on request, minutes of formal meetings of the State board.

(h)

Authority To hire staff

(1)

In general

The State board may hire a director and other staff to assist in carrying out the functions described in subsection (d) using funds available as described in section 229(b)(2) or 234(a)(3)(B)(i).

(2)

Limitation on rate

The director and staff described in paragraph (1) shall be subject to the limitations on the payment of salary and bonuses described in section 294(15).

112.

Unified State plan

(a)

Plan

For a State to be eligible to receive allotments for the core programs, the Governor shall submit to the Secretary of Labor and the Secretary of Education for consideration by the Secretaries, a unified State plan. The unified State plan shall outline a 4-year strategy for the core programs of the State and meet the requirements of this section.

(b)

Contents

(1)

Strategic planning elements

The unified State plan shall include strategic planning elements consisting of—

(A)

an analysis of the economic conditions in the State, including—

(i)

existing and emerging in-demand industry sectors and occupations; and

(ii)

the employment needs of employers in those industries and occupations;

(B)

an analysis of the knowledge and skills needed to meet the employment needs of the employers in the State, including employment needs in in-demand industry sectors and occupations;

(C)

an analysis of the workforce in the State, including current labor force employment and unemployment data, and information on labor market trends, and the educational and skill levels of the workforce, including individuals with barriers to employment (including individuals with disabilities);

(D)

an analysis of the workforce development activities (including education and training) in the State, including an analysis of the strengths and weaknesses of such services, and the capacity of State entities to provide such services, in order to address the identified education and skill needs of the workforce and the employment needs of employers in the State;

(E)

a description of the State’s strategic vision and goals for preparing an educated and skilled workforce (including preparing youth and individuals with barriers to employment) and for meeting the skilled workforce needs of employers, including goals relating to performance accountability measures based on primary indicators of performance described in section 131(b)(2)(A), in order to support economic growth and economic self-sufficiency; and

(F)

taking into account analyses described in subparagraphs (A) through (D), a strategy for aligning the core programs, as well as other resources available to the State, to achieve the strategic vision and goals described in subparagraph (E).

(2)

Operational planning elements

(A)

In general

The unified State plan shall include the operational planning elements contained in this paragraph, which shall support the strategy described in paragraph (1)(F).

(B)

Implementation of State strategy

The unified State plan shall describe how the lead State agency with responsibility for the administration of a core program will implement the strategy described in paragraph (1)(F), including a description of—

(i)

the activities that will be funded by the entities carrying out the respective programs to implement the strategy and how such activities will be aligned across the programs and among the entities administering the programs;

(ii)

how the activities described in clause (i) will be aligned with activities provided under employment, training, education, including career and technical education, and human services programs not covered by the plan, as appropriate, to assist in implementing the strategy, including coordinating intake, eligibility determinations, and assessment activities;

(iii)
(I)

how the entities carrying out the respective core programs will coordinate activities to provide comprehensive, high-quality services to individuals, including using co-enrollment and other strategies;

(II)

how the entities carrying out the programs under title II or under the Wagner-Peyser Act ( 29 U.S.C. 49 et seq.) will provide employment-related services or training-related services to individuals receiving education services under title III or vocational rehabilitation services under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other than section 112 or part C of that title ( 29 U.S.C. 732 , 741), and how the entities carrying out adult education and literacy activities under title III or programs of such vocational rehabilitation services will provide education services or vocational rehabilitation services to individuals receiving employment-related services or training-related services under title II or under the Wagner-Peyser Act; and

(III)

how the entities carrying out programs serving youth under title II will carry out the programs in collaboration with entities carrying out activities under title III and entities carrying out programs of such vocational rehabilitation services;

(iv)

how the entities carrying out the respective programs will develop and implement career pathways and education (offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster), including how such pathways and education will be made available to individuals with disabilities;

(v)

how the State’s strategy will engage the State’s community colleges and area career and technical education schools as partners in the workforce development system and enable the State to leverage other Federal, State, and local investments that have enhanced capacity and access to workforce development programs at those institutions;

(vi)

how the entities carrying out the respective programs will strengthen the provision of support services through coordination of activities with Federal, State, and local providers of such services, in order to facilitate increased participation and persistence of individuals in employment, education, and training programs;

(vii)

how technology will be used, through distance education and other methods, by entities carrying out the respective programs to provide education and training activities, activities to enhance digital literacy skills (as defined in section 202 of the Museum and Library Services Act ( 20 U.S.C. 9101 ); referred to in this Act as digital literacy skills) and accelerate the acquisition of skills and recognized postsecondary credentials by participants, and activities to strengthen the professional development of providers and workforce professionals, and how the entities will ensure such technology is accessible to individuals with disabilities;

(viii)

the methods used for joint planning and coordination of the core programs;

(ix)

how the State will assess the overall effectiveness of the workforce investment system in the State; and

(x)

how the activities described in clause (i) will be coordinated with economic development strategies and activities in the State.

(C)

State operating systems and policies

The unified State plan shall describe the State operating systems and policies that will support the implementation of the strategy described in paragraph (1)(F), including a description of—

(i)

State actions to assist local boards, one-stop partners, and one-stop operators, as appropriate, in local areas, in developing, refining, changing, or otherwise implementing the one-stop delivery system in those areas, including assisting with training and establishing qualifications for one-stop delivery system staff and members of local boards, and how such actions will ensure effective delivery of services to workers, jobseekers, and employers;

(ii)

the State board, including the activities conducted to train and develop members of the State board and the staff of such board to carry out the functions of the State board effectively (but funds for such activities may not be used for long-distance travel expenses for training or development activities available locally or regionally);

(iii)

the common data collection and reporting processes used for the one-stop partner programs in the system;

(iv)
(I)

how the respective core programs will be assessed each year, including an assessment of the quality, effectiveness, and improvement of programs (analyzed by local area, or by provider), based on State performance accountability measures described in section 131(b); and

(II)

how other one-stop partner programs will be assessed each year;

(v)

the results of an assessment of the effectiveness of the core programs and other one-stop partner programs during the preceding 2-year period;

(vi)

the methods and factors the State will use in distributing funds under the core programs, in accordance with the provisions authorizing such distributions;

(vii)
(I)

how the lead State agencies with responsibility for the administration of the core programs will align and integrate available workforce and education data on core programs, unemployment insurance programs, and education through postsecondary education;

(II)

how such agencies will use the system to assess the progress of participants that are exiting core programs in entering, persisting in, and completing postsecondary education, or entering or remaining in employment; and

(III)

the privacy safeguards incorporated in such system, including safeguards required by section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) and other applicable Federal laws;

(viii)

how the entity carrying out a core program will carry out the activities to provide outreach to populations, including youth, and individuals with barriers to employment (including youth with disabilities and other individuals with disabilities), who can benefit from one-stop partner programs;

(ix)

how the State will implement the priority of service provisions for veterans in accordance with the requirements of section 4215 of title 38, United States Code;

(x)

how the one-stop delivery system, including one-stop operators and the one-stop partners, will comply with section 288 and applicable provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) regarding the physical and programmatic accessibility of facilities, programs, services, technology, and materials, for individuals with disabilities, including complying through providing staff training and support for addressing the needs of individuals with disabilities;

(xi)

how the State will assist local boards, one-stop partners, and one-stop operators in implementing and transitioning to an integrated, technology-enabled intake and case management information system for programs carried out under the Act and programs carried out by one-stop partners, that includes common intake information and procedures for sharing participant demographic and contact information in order to prevent duplication of data collection and promote access to the array of services for which participants are eligible; and

(xii)

such other operational planning elements as the Secretary of Labor and Secretary of Education determine to be necessary for effective State operating systems and policies.

(D)

Program-specific requirements

The unified State plan shall include—

(i)

with respect to activities carried out under title II, a description of—

(I)

State policies or guidance, for the statewide workforce development system;

(II)

the State's policies and strategies for use of State funds for workforce investment activities;

(III)

the local areas designated in the State, including the process used for designating local areas, and the process used for identifying any planning regions under section 116(c), including a description of how the State consulted with the local boards and chief elected officials in determining the planning regions;

(IV)

the appeals process referred to in section 116(a)(4) relating to designation of local areas;

(V)

the appeal process referred to in section 221(h)(2)(E), relating to determinations for infrastructure funding; and

(VI)

with respect to youth workforce investment activities authorized in section 229, information identifying the criteria to be used by local boards in awarding grants for youth workforce investment activities, including criteria that the Governor and local boards will use to identify effective and ineffective youth workforce investment activities and providers of such activities;

(ii)

with respect to activities carried out under title III, a description of—

(I)

how the eligible agency will, if applicable, align content standards for adult education with State adopted standards for college and career readiness;

(II)

how the State will fund local activities using considerations specified in section 331(e) for—

(aa)

activities under section 331(b);

(bb)

programs for corrections education under section 325;

(cc)

programs for integrated English literacy and civics education under section 343; and

(dd)

integrated education and training;

(III)

how the State will use the funds to carry out activities under section 323;

(IV)

how the eligible agency will provide technical assistance and use incentives and sanctions to improve eligible provider performance; and

(V)

how the eligible agency will assess the quality of providers of adult education and literacy activities under title III and take actions to improve such quality, including providing the activities described in section 323(a)(1)(B);

(iii)

with respect to programs carried out under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq.), other than section 112 or part C of that title ( 29 U.S.C. 732 , 741), the information described in section 101(a) of that Act ( 29 U.S.C. 721(a) ); and

(iv)

information on such additional specific requirements for a program referenced in any of clauses (i) through (iii) or the Wagner-Peyser Act ( 29 U.S.C. 49 et seq.) as the Secretary of Labor and the Secretary of Education determine are necessary to administer that program but cannot reasonably be applied across all such programs.

(E)

Assurances

The unified State plan shall include assurances—

(i)

that the State has established a policy identifying circumstances that may present a conflict of interest for a State board or local board member, or the entity or class of officials that the member represents, and procedures to resolve such conflicts;

(ii)

that the State has established a policy to provide to the public (including individuals with disabilities) access to meetings of State boards and local boards, and information regarding activities of State boards and local boards, such as data on board membership and minutes;

(iii)
(I)

that the lead State agencies with responsibility for the administration of core programs reviewed and commented on the appropriate operational planning elements of the unified State plan, and approved the elements as serving the needs of the populations served by such programs; and

(II)

that the State obtained input into the development of the unified State plan and provided an opportunity for comment on the plan by representatives of local boards and chief elected officials, businesses, labor organizations, institutions of higher education, other primary stakeholders, and the general public and that the unified State plan is available and accessible to the general public;

(iv)

that the State has established, in accordance with section 131(i), fiscal control and fund accounting procedures that may be necessary to ensure the proper disbursement of, and accounting for, funds paid to the State through allotments made for adult, dislocated worker, and youth programs to carry out workforce investment activities under chapters 2 and 3 of subtitle B of title II;

(v)

that the State will annually monitor local areas to ensure compliance with the uniform administrative requirements under section 284(a)(3);

(vi)

that the State has taken appropriate action to secure compliance with uniform administrative requirements in this Act;

(vii)

that the State has taken the appropriate actions to be in compliance with section 288;

(viii)

that the Federal funds received to carry out a core program will not be expended for any purpose other than for activities authorized with respect to such funds under that core program;

(ix)

that the eligible agency under title III will—

(I)

expend the funds appropriated to carry out that title only in a manner consistent with fiscal requirements under section 341(a) (regarding supplement and not supplant provisions); and

(II)

ensure that there is at least 1 eligible provider serving each local area;

(x)

that the State will pay an appropriate share (as defined by the State board) of the costs of carrying out subtitle B, from funds made available through each of the core programs; and

(xi)

regarding such other matters as the Secretary of Labor and the Secretary of Education determine to be necessary for the administration of the core programs.

(c)

Plan submission and approval

(1)

Submission

(A)

Initial plan

The initial unified State plan under this section (after the date of enactment of this Act) shall be submitted not later than 120 days prior to the commencement of the second full program year after the date of enactment of that Act.

(B)

Subsequent plans

Except as provided in subparagraph (A), a unified State plan shall be submitted not later than 120 days prior to the end of the 4-year period covered by the preceding unified State plan.

(2)

Approval

A unified State plan shall be subject to the approval of both the Secretary of Labor and the Secretary of Education, after approval of the Commissioner of the Rehabilitation Services Administration for the portion of the plan described in subsection (b)(2)(D)(iii). The unified State plan shall be considered to be approved at the end of the 90-day period beginning on the day the plan is submitted, unless the Secretary of Labor or the Secretary of Education makes a written determination, during the 90-day period, that the plan is inconsistent with the provisions of this section or the provisions authorizing the core programs, as appropriate.

(3)

Modifications

(A)

Modifications

At the end of the first 2-year period of any 4-year unified State plan, the State board shall review the unified State plan, and the Governor shall submit modifications to the plan to reflect changes in labor market and economic conditions or in other factors affecting the implementation of the unified State plan.

(B)

Approval

A modified unified State plan submitted for the review required under subparagraph (A) shall be subject to the approval requirements described in paragraph (2). A Governor may submit a modified unified State plan at such other times as the Governor determines to be appropriate, and such modified unified State plan shall also be subject to the approval requirements described in paragraph (2).

(4)

Early implementers

The Secretary of Labor and the Secretary of Education shall establish a process for approving and may approve unified State plans that meet the requirements of this section and are submitted to cover periods commencing prior to the second full program year described in paragraph (1).

113.

Combined State plan

(a)

In general

(1)

Authority to submit plan

A State may develop and submit to the appropriate Secretaries a combined State plan for the core programs and 1 or more of the programs and activities described in paragraph (2) in lieu of submitting 2 or more plans, for the programs and activities and the core programs.

(2)

Programs

The programs and activities referred to in paragraph (1) are as follows:

(A)

Career and technical education programs authorized under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq.).

(B)

Programs authorized under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq.).

(C)

Programs authorized under section 6(d)(4) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(d)(4) ).

(D)

Work programs authorized under section 6(o) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(o) ).

(E)

Activities authorized under chapter 2 of title II of the Trade Act of 1974 ( 19 U.S.C. 2271 et seq.).

(F)

Activities authorized under chapter 41 of title 38, United States Code.

(G)

Programs authorized under State unemployment compensation laws (in accordance with applicable Federal law).

(H)

Programs authorized under title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq.).

(I)

Employment and training activities carried out by the Department of Housing and Urban Development.

(J)

Employment and training activities carried out under the Community Services Block Grant Act (42 U.S.C. 9901 et seq.).

(K)

Programs authorized under section 212 of the Second Chance Act of 2007 ( 42 U.S.C. 17532 ).

(b)

Requirements

(1)

In general

The portion of a combined plan covering the core programs shall be subject to the requirements of section 112 (including section 112(c)(3)). The portion of such plan covering a program or activity described in subsection (a)(2) shall be subject to the requirements, if any, applicable to a plan or application for assistance for that program or activity, under the Federal law authorizing the program or activity. At the election of the State, section 112(c)(3) may apply to that portion.

(2)

Additional submission not required

A State that submits a combined plan that is approved under subsection (c) shall not be required to submit any other plan or application in order to receive Federal funds to carry out the core programs or the program or activities described in subsection (a)(2) that are covered by the combined plan.

(3)

Coordination

A combined plan shall include—

(A)

a description of the methods used for joint planning and coordination of the core programs and the other programs and activities covered by the combined plan; and

(B)

an assurance that the methods included an opportunity for the entities responsible for planning or administering the core programs and the other programs and activities to review and comment on all portions of the combined plan.

(c)

Approval by the appropriate secretaries

(1)

Jurisdiction

The appropriate Secretary shall have the authority to approve the corresponding portion of a combined plan as described in subsection (d). On the approval of the appropriate Secretary, that portion of the combined plan, relating to a program or activity, shall be implemented by the State pursuant to that portion of the combined plan, and the Federal law authorizing the program or activity.

(2)

Approval of core programs

No portion of the plan relating to a core program shall be implemented until the appropriate Secretary approves the corresponding portions of the plan for all core programs.

(3)

Timing of approval

(A)

In general

Except as provided in subparagraphs (B) and (C), a portion of the combined State plan covering the core programs or a program or activity described in subsection (a)(2) shall be considered to be approved by the appropriate Secretary at the end of the 90-day period beginning on the day the plan is submitted.

(B)

Plan approved by 3 or more appropriate Secretaries

If an appropriate Secretary other than the Secretary of Labor or the Secretary of Education has authority to approve a portion of a combined plan, that portion of the combined plan shall be considered to be approved by the appropriate Secretary at the end of the 120-day period beginning on the day the plan is submitted.

(C)

Disapproval

The portion shall not be considered to be approved if the appropriate Secretary makes a written determination, during the 90-day period (or the 120-day period, for an appropriate Secretary covered by subparagraph (B)), that the portion is not consistent with the requirements of the Federal law authorizing or applicable to the program or activity involved, including the criteria for approval of a plan or application, if any, under such law, or the plan is not consistent with the requirements of this section.

(4)

Special rule

In paragraph (3), the term criteria for approval of a plan or application, with respect to a State and a core program or a program under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq.), includes a requirement for agreement between the State and the appropriate Secretaries regarding State performance accountability measures or State performance measures, as the case may be, including levels of performance.

(d)

Appropriate secretary

In this section, the term appropriate Secretary means—

(1)

with respect to the portion of a combined plan relating to any of the core programs (including a description, and an assurance concerning that program, specified in subsection (b)(3)), the Secretary of Labor and the Secretary of Education; and

(2)

with respect to the portion of a combined plan relating to a program or activity described in subsection (a)(2) (including a description, and an assurance concerning that program or activity, specified in subsection (b)(3)), the head of the Federal agency who exercises plan or application approval authority for the program or activity under the Federal law authorizing the program or activity, or, if there are no planning or application requirements for such program or activity, exercises administrative authority over the program or activity under that Federal law.

2

Local provisions

116.

Local workforce development areas

(a)

Designation of areas

(1)

In general

(A)

Process

Except as provided in subsection (b), and consistent with paragraphs (2) and (3), in order for a State to receive an allotment under section 227 or 232, the Governor of the State shall designate local workforce development areas within the State—

(i)

through consultation with the State board; and

(ii)

after consultation with chief elected officials and affected local boards, and after consideration of comments received through the public comment process as described in section 112(b)(2)(E)(iii)(II).

(B)

Criteria

The Governor shall designate local areas (except for those local areas described in paragraphs (2) and (3)), based on criteria consisting of—

(i)

the extent to which the areas are consistent with labor market areas in the State;

(ii)

the extent to which the areas are consistent with regional economic development areas in the State; and

(iii)

whether the areas have available the Federal and non-Federal resources necessary to effectively administer activities under title II and other applicable provisions of this Act, including whether the areas have the appropriate education and training providers, such as institutions of higher education and area career and technical education schools.

(C)

Rule of construction

For purposes of subparagraph (B)(ii), the definition of the term region in section 101 shall not be applicable.

(2)

Automatic designation

(A)

Initial period

For the second full program year that commences after the date of enactment of this Act, any area that was designated as a local area under section 116 of the Workforce Investment Act of 1998, as in effect on the day before the date of enactment of this Act, and was so designated for the 2-year period preceding that day, shall be designated as a local area by the Governor under this subparagraph—

(i)

if such area so requests; and

(ii)

if such local area—

(I)

performed successfully; and

(II)

sustained fiscal integrity.

(B)

Subsequent designation

For the third full program year that commences after the date of enactment of this Act and thereafter, the Governor shall designate as a local area under this subparagraph any area that was designated as a local area under subparagraph (A)—

(i)

if such local area so requests;

(ii)

if such local area—

(I)

performed successfully; and

(II)

sustained fiscal integrity; and

(iii)

in the case of a local area that is part of a consortium of local areas in a planning region under subsection (c), if such local area met each of the following implementation conditions:

(I)

Participated in preparing a regional plan under subsection (c)(1)(A)(iv) and in implementing the plan.

(II)

Developed and implemented regional service strategies and activities, such as industry and sector-based strategies (including establishment of industry partnerships), in accordance with the regional plan.

(C)

Definitions

For purposes of this paragraph:

(i)

Performed successfully

The term performed successfully, used with respect to a local area, means the local area met or exceeded the adjusted levels of performance for primary indicators of performance described in section 131(b)(2)(A) (or, if applicable, core indicators of performance described in section 136(b)(2)(A) of the Workforce Investment Act of 1998, as in effect the day before the date of enactment of this Act) for each of the last 2 consecutive years for which data are available preceding the determination of performance under this clause.

(ii)

Sustained fiscal integrity

The term sustained fiscal integrity, used with respect to a local area, means that the Secretary has not made a formal determination, during either of the last 2 consecutive years preceding the determination regarding such integrity, that either the grant recipient or the administrative entity of the area misexpended funds provided under title II (or, if applicable, title I of the Workforce Investment Act of 1998 as in effect prior to the effective date of such title II) due to willful disregard of the requirements of the title involved, gross negligence, or failure to comply with accepted standards of administration.

(3)

Designation on recommendation of State board

The Governor may approve a request from any unit of general local government (including a combination of such units) for designation as a local area if the State board determines, based on the factors described in paragraph (1)(B), and recommends to the Governor, that such area should be so designated.

(4)

Appeals

A unit of general local government (including a combination of such units) or grant recipient that requests but is not granted designation of an area as a local area under paragraph (2) may submit an appeal to the State board under an appeal process established in the State plan. If the appeal does not result in such a designation, the Secretary of Labor, after receiving a request for review from the unit or grant recipient and on determining that the unit or grant recipient was not accorded procedural rights under the appeal process described in the State plan, as specified in section 112(b)(2)(D)(i), or that the area meets the requirements of paragraph (2), may require that the area be designated as a local area under such paragraph.

(b)

Single State local areas

(1)

Continuation of previous designation

The Governor of any State that was a single State local area for purposes of title I of the Workforce Investment Act of 1998, as in effect on July 1, 2011, may designate the State as a single State local area for purposes of this title and title II if the Governor identifies the State as a local area in the State plan.

(2)

Redesignation

The Governor of a State not described in paragraph (1) may designate the State as a single local area if, prior to the submission of the State plan or modification to such plan so designating the State, no local area meeting the requirements for automatic designation under subsection (a)(2) requests such designation as a separate local area.

(3)

Composition of State board

(A)

Continuation of previous designation

For a State that is designated as a single State local area under paragraph (1), the composition of the State board shall—

(i)

be consistent with the composition of the State board for such State for purposes of title I of the Workforce Investment Act of 1998, as in effect on the day before the date of enactment of this Act; or

(ii)
(I)

include the members described in subparagraphs (A) and (B) of section 111(b)(1);

(II)

include, as a majority of the members, the representatives described in section 111(b)(1)(C)(i);

(III)

include, as members other than the members described in subparagraphs (A), (B), and (C)(i) of section 111(b)(1), an equal number of—

(aa)

representatives described in subparagraph (C)(ii) of that section; and

(bb)

representatives described in subparagraph (C)(iii) of that section; and

(IV)

include as chairperson an individual elected from among the members described in section 111(b)(1)(C)(i).

(B)

Redesignation

For a State that is designated as a single State local area under paragraph (2), the composition of the State board shall be consistent with the requirements described in subparagraph (A)(ii).

(4)

Effect on local plan and local functions

In any case in which a State is designated as a local area pursuant to this subsection, the local plan prepared under section 118 for the area shall be submitted for approval as part of the State plan. In such a State, the State board shall carry out the functions of a local board, as specified in this Act or the provisions authorizing a core program, but the State shall not be required to meet and report on a set of local performance accountability measures.

(c)

Regional planning and service delivery

(1)

In general

(A)

Planning

(i)

Identification

Before the first day of the second full program year that commences after the date of enactment of this Act, as part of the process for developing the State plan, a State shall identify regions in the State. The State shall identify regions after consultation with the local boards and chief elected officials in the affected local areas and consistent with the criteria described in subsection (a)(1)(B).

(ii)

Types of regions

For purposes of this Act, the State shall identify—

(I)

which regions are comprised of 1 local area that is aligned with the region; and

(II)

which regions are comprised of 2 or more local areas that are (collectively) aligned with the region.

(iii)

Planning for cooperative initiatives and arrangements

In the regions comprised of 2 or more local areas, the State shall require regional planning, including planning for regional service delivery, by local boards in those regions. The State shall require the local boards in a planning region to participate in a regional planning process for cooperative initiatives and arrangements that result in—

(I)

the establishment of regional service strategies and activities, including service delivery cooperative arrangements and regional approaches to address the employment and training needs of individuals with barriers to employment;

(II)

as appropriate, the development and implementation of initiatives involving in-demand industry sectors or occupations;

(III)

the collection and analysis of regional labor market data (in conjunction with the State); and

(IV)

the establishment of administrative cost arrangements, as appropriate.

(iv)

Regional plans

The State, after consultation with the local boards and chief elected officials for the planning region, shall require the local boards and officials to collaborate in order to prepare, submit, and obtain approval of a single regional plan. Such plan shall include a description of the cooperative initiatives and arrangements developed pursuant to clause (iii) and incorporate local plans for each of the local areas in the planning region (as required under section 118), which shall contain strategies that are consistent and aligned with each other.

(v)

References

In this Act, and the core program provisions that are not in this Act:

(I)

Local area

Except as provided in section 111(d)(8), this section, paragraph (1)(B) or (4) of section 117(c), or section 117(d)(12)(B), or in any text that provides an accompanying provision specifically for a planning region, the term local area in a provision includes a reference to a planning region for purposes of implementation of that provision by the corresponding local areas in the region.

(II)

Local plan

Except as provided in subsection (b)(4) or this subsection, the term local plan includes a reference to the portion of a regional plan developed with respect to the corresponding local area within the region, and any regionwide provision of that plan that impacts or relates to the local area.

(B)

Assistance for local areas

(i)

In general

The State shall provide technical assistance and labor market information to local boards in planning regions to assist such local boards with regional planning and subsequent service delivery efforts, and with the alignment of programs consistent with the alignment envisioned in the State and local plans.

(ii)

Redesignation assistance

On the request of all of the local areas in a planning region, the State shall provide funding from funds made available under sections 228(a) and 233(a)(1) to assist the local areas in carrying out activities to facilitate the redesignation of the local areas as a single local area.

(2)

Information sharing

The State shall require the local boards for a planning region to share, consistent with State law, employment statistics, information about employment opportunities and trends, information about the skill requirements of existing and emerging in-demand industry sectors and occupations, information on the skills and workforce development activities, and any skill or services gaps, in the planning region, and other types of information that would assist in improving the performance of all local areas in the planning region on the performance accountability measures established under section 131(c).

(3)

Coordination of services

The State shall require the local boards for a planning region to coordinate—

(A)

the provision of workforce investment activities with the activities of the other one-stop partner programs, including the provision of transportation and other supportive services, so that services provided through such programs may be provided across the boundaries of local areas within the planning region; and

(B)

the provision of such activities with regional economic development services and strategies.

(4)

Interstate regions

Two or more States that contain an interstate region that is a labor market area, economic development region, or other appropriate contiguous subarea of the States may designate the area as a planning region for purposes of this subsection, and jointly exercise the State functions described in this Act (including paragraphs (1) through (3)).

117.

Local workforce development boards

(a)

Establishment

Except as provided in subsection (c)(2)(A), there shall be established, and certified by the Governor of the State, a local workforce development board in each local area of a State to carry out the functions described in subsection (d) (and any functions specified for the local board under this Act or the provisions establishing a core program) for such area.

(b)

Membership

(1)

State criteria

The Governor, in partnership with the State board, shall establish criteria for use by chief elected officials in the local areas for appointment of members of the local boards in such local areas in accordance with the requirements of paragraph (2).

(2)

Composition

Such criteria shall require that, at a minimum—

(A)

a majority of the members of each local board shall be representatives of business in the local area, who—

(i)

are owners of businesses, chief executives or operating officers of businesses, or other business executives or employers with optimum policymaking or hiring authority;

(ii)

represent businesses, including small businesses, or organizations representing businesses described in this clause, that provide employment opportunities that, at a minimum, will provide clear and accessible career pathways, and include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the local area; and

(iii)

are appointed from among individuals nominated by local business organizations and business trade associations;

(B)

not less than 20 percent of the members of each local board shall be representatives of the workforce within the local area, who—

(i)

shall include representatives of labor organizations (for a local area in which employees are represented by labor organizations), who have been nominated by local labor federations, or (for a local area in which no employees are represented by such organizations) other representatives of employees;

(ii)

may include representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment needs of individuals with barriers to employment, including organizations that serve veterans or that provide or support competitive, integrated employment for individuals with disabilities; and

(iii)

may include representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including representatives of organizations that serve out-of-school youth;

(C)

each local board shall include representatives of entities administering education and training activities in the local area, who—

(i)

shall include a representative of eligible providers administering adult education and literacy activities under title III;

(ii)

shall include a representative of institutions of higher education providing workforce investment activities (including community colleges);

(iii)

shall include a representative, either an employer, a member of a labor organization, or a staff director, from a joint labor-management apprenticeship program, or if no such joint program exists in the area, a representative of an apprenticeship program in the area; and

(iv)

may include representatives of local educational agencies, and of community-based organizations with demonstrated experience and expertise in addressing the education or training needs of individuals with barriers to employment;

(D)

each local board shall include representatives of governmental and economic and community development entities serving the local area, who—

(i)

shall include 1 or more representatives of economic and community development entities;

(ii)

shall include an appropriate representative from the State employment service office under the Wagner-Peyser Act (29 U.S.C. 49 et seq.) serving the local area;

(iii)

shall include an appropriate representative of the programs carried out under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other than section 112 or part C of that title (29 U.S.C. 732, 741), serving the local area;

(iv)

may include representatives of agencies or entities administering programs serving the local area relating to transportation, housing, and public assistance; and

(v)

may include representatives of philanthropic organizations serving the local area; and

(E)

each local board may include such other individuals or representatives of entities as the chief elected official in the local area may determine to be appropriate.

(3)

Chairperson

The members of the local board shall elect a chairperson for the local board from among the representatives described in paragraph (2)(A).

(4)

Standing committees

(A)

In general

The local board shall designate and direct the activities of standing committees to provide information and to assist the local board in carrying out activities under this section. Such standing committees shall be chaired by a member of the local board, may include other members of the local board, and shall include other individuals appointed by the local board who are not members of the local board and who the local board determines have appropriate experience and expertise. At a minimum, the local board shall designate each of the following:

(i)

A standing committee, which shall provide information and assist with operational and other issues relating to the one-stop delivery system, and which may include as members representatives of the one-stop partners.

(ii)

A standing committee to provide information and to assist with planning, operational, and other issues relating to the provision of services to youth, which shall include community-based organizations with a demonstrated record of success in serving eligible youth.

(iii)

A standing committee to provide information and to assist with operational and other issues relating to the provision of services to individuals with disabilities, including issues relating to compliance with section 288 and applicable provisions of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.) regarding providing programmatic and physical access to the services, programs, and activities of the one-stop delivery system, as well as appropriate training for staff on providing supports for or accommodations to, and finding employment opportunities for, individuals with disabilities.

(B)

Additional committees

The local board may designate standing committees in addition to the standing committees specified in subparagraph (A).

(C)

Designation of entity

Nothing in this paragraph shall be construed to prohibit the designation of an existing (as of the date of enactment of this Act) entity, such as an effective youth council, to fulfill the requirements of this paragraph as long as the entity meets the requirements of this paragraph.

(5)

Authority of board members

Members of the board that represent organizations, agencies, or other entities shall be individuals with optimum policymaking authority within the organizations, agencies, or entities. The members of the board shall represent diverse geographic areas within the local area.

(6)

Special rule

If there are multiple eligible providers serving the local area by administering adult education and literacy activities under title III, or multiple institutions of higher education serving the local area by providing workforce investment activities, each representative on the local board described in clause (i) or (ii) of paragraph (2)(C), respectively, shall be appointed from among individuals nominated by local providers representing such providers or institutions, respectively.

(c)

Appointment and certification of board

(1)

Appointment of board members and assignment of responsibilities

(A)

In general

The chief elected official in a local area is authorized to appoint the members of the local board for such area, in accordance with the State criteria established under subsection (b).

(B)

Multiple units of local government in area

(i)

In general

In a case in which a local area includes more than 1 unit of general local government, the chief elected officials of such units may execute an agreement that specifies the respective roles of the individual chief elected officials—

(I)

in the appointment of the members of the local board from the individuals nominated or recommended to be such members in accordance with the criteria established under subsection (b); and

(II)

in carrying out any other responsibilities assigned to such officials under this title or subtitle A of title II.

(ii)

Lack of agreement

If, after a reasonable effort, the chief elected officials are unable to reach agreement as provided under clause (i), the Governor may appoint the members of the local board from individuals so nominated or recommended.

(C)

Concentrated employment programs

In the case of an area that was designated as a local area in accordance with section 116(a)(2)(B) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act), and that remains a local area on that date, the governing body of the concentrated employment program involved shall act in consultation with the chief elected official in the local area to appoint members of the local board, in accordance with the State criteria established under subsection (b), and to carry out any other responsibility relating to workforce investment activities assigned to such official under this Act.

(2)

Certification

(A)

In general

The Governor shall, once every 2 years, certify 1 local board for each local area in the State.

(B)

Criteria

Such certification shall be based on criteria established under subsection (b), and for a second or subsequent certification, the extent to which the local board has ensured that workforce investment activities carried out in the local area have enabled the local area to meet the corresponding performance accountability measures and achieve sustained fiscal integrity, as defined in section 116(a)(2)(C).

(C)

Failure to achieve certification

Failure of a local board to achieve certification shall result in appointment and certification of a new local board for the local area pursuant to the process described in paragraph (1) and this paragraph.

(3)

Decertification

(A)

Fraud, abuse, failure to carry out functions

Notwithstanding paragraph (2), the Governor shall have the authority to decertify a local board at any time after providing notice and an opportunity for comment, for—

(i)

fraud or abuse; or

(ii)

failure to carry out the functions specified for the local board in subsection (d).

(B)

Nonperformance

Notwithstanding paragraph (2), the Governor may decertify a local board if a local area fails to meet the local performance accountability measures for such local area in accordance with section 131(c) for 2 consecutive program years.

(C)

Reorganization plan

If the Governor decertifies a local board for a local area under subparagraph (A) or (B), the Governor may require that a new local board be appointed and certified for the local area pursuant to a reorganization plan developed by the Governor, in consultation with the chief elected official in the local area and in accordance with the criteria established under subsection (b).

(4)

Single state local area

(A)

State board

Notwithstanding subsection (b) and paragraphs (1) and (2), if a State described in section 116(b) indicates in the State plan that the State will be treated as a single State local area, for purposes of the application of this Act or the provisions authorizing a core program, the State board shall carry out any of the functions of a local board under this Act or the provisions authorizing a core program, including the functions described in subsection (d).

(B)

References

(i)

In general

Except as provided in clauses (ii) and (iii), with respect to such a State, a reference in this Act or a core program provision to a local board shall be considered to be a reference to the State board, and a reference in the Act or provision to a local area or region shall be considered to be a reference to the State.

(ii)

Plans

The State board shall prepare a local plan under section 118 for the State, and submit the plan for approval as part of the State plan.

(iii)

Performance accountability measures

The State shall not be required to meet and report on a set of local performance accountability measures.

(d)

Functions of local board

Consistent with section 118, the functions of the local board shall include the following:

(1)

Local plan

The local board, in partnership with the chief elected official for the local area involved, shall develop and submit a local plan to the Governor that meets the requirements in section 118. If the local area is part of a planning region that includes other local areas, the local board shall collaborate with the other local boards and chief elected officials from such other local areas in the development and submission of the local plan as described in section 116(c)(1)(A).

(2)

Workforce research and regional labor market analysis

In order to assist in the development and implementation of the local plan, the local board shall—

(A)

carry out analyses of the economic conditions in the region, the needed knowledge and skills for the region, the workforce in the region, and workforce development activities (including education and training) in the region described in section 118(b)(1)(D), and regularly update such information;

(B)

assist the Governor in developing the statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act ( 29 U.S.C. 49l–2(e)), specifically in the collection, analysis, and utilization of workforce and labor market information for the region; and

(C)

conduct such other research, data collection, and analysis related to the workforce needs of the regional economy as the board, after receiving input from a wide array of stakeholders, determines to be necessary to carry out its functions.

(3)

Convening, brokering, leveraging

The local board shall convene local workforce development system stakeholders to assist in the development of the local plan under section 118 and in identifying non-Federal expertise and resources to leverage support for workforce development activities. The local board, including standing committees, may engage such stakeholders in carrying out the functions described in this subsection.

(4)

Employer engagement

The local board shall lead efforts to engage with a diverse range of employers and with entities in the region involved—

(A)

to promote business representation (particularly representatives with optimal policymaking or hiring authority from employers whose employment opportunities reflect existing and emerging employment opportunities in the region) on the local board;

(B)

to develop effective linkages (including the use of intermediaries) with employers in the region to support employer utilization of the local workforce development system and to support local workforce investment activities;

(C)

to ensure that workforce investment activities meet the needs of employers and support economic growth in the region, by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers; and

(D)

to develop and implement proven or promising strategies for meeting the employment and skill needs of workers and employers (such as the establishment of industry and sector partnerships), that provide the skilled workforce needed by employers in the region, and that expand employment and career advancement opportunities for workforce development system participants in in-demand industry sectors or occupations.

(5)

Career pathways development

The local board, with representatives of secondary and postsecondary education programs, shall lead efforts in the local area to develop and implement career pathways within the local area by aligning the employment, training, education, and supportive services that are needed by adults and youth, particularly individuals with barriers to employment.

(6)

Proven and promising practices

The local board shall lead efforts in the local area to—

(A)

identify and promote proven and promising strategies and initiatives for meeting the needs of employers, and workers and jobseekers (including individuals with barriers to employment) in the local workforce development system, including providing physical and programmatic accessibility, in accordance with section 288 and applicable provisions of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.), to the one-stop delivery system; and

(B)

identify and disseminate information on proven and promising practices carried out in other local areas for meeting such needs.

(7)

Technology

The local board shall develop strategies for using technology to maximize the accessibility and effectiveness of the local workforce development system for employers, and workers and jobseekers, by—

(A)

facilitating connections among the intake and case management information systems of the one-stop partner programs to support a comprehensive workforce development system in the local area;

(B)

facilitating access to services provided through the one-stop delivery system involved, including facilitating the access in remote areas;

(C)

identifying strategies for better meeting the needs of individuals with barriers to employment, including strategies that augment traditional service delivery, and increase access to services and programs of the one-stop delivery system, such as improving digital literacy skills; and

(D)

leveraging resources and capacity within the local workforce development system, including resources and capacity for services for individuals with barriers to employment.

(8)

Program oversight

The local board, in partnership with the chief elected official for the local area, shall—

(A)
(i)

conduct oversight for local youth workforce investment activities authorized under section 229, local employment and training activities authorized under section 234, and the one-stop delivery system in the local area; and

(ii)

ensure the appropriate use and management of the funds provided under this title and title II for the activities and system described in clause (i); and

(B)

for workforce development activities, ensure the appropriate use, management of, and investment of funds to maximize performance outcomes under section 131.

(9)

Negotiation of local performance accountability measures

The local board, the chief elected official, and the Governor shall negotiate and reach agreement on local performance accountability measures as described in section 131(c).

(10)

Selection of operators and providers

(A)

Selection of one-stop operators

Consistent with section 221(d), the local board, with the agreement of the chief elected official for the local area—

(i)

shall designate or certify one-stop operators as described in section 221(d)(2)(A); and

(ii)

may terminate for cause the eligibility of such operators.

(B)

Selection of youth providers

Consistent with section 223, the local board—

(i)

shall identify eligible providers of youth workforce investment activities in the local area by awarding grants or contracts on a competitive basis (except as provided in section 223(b)), based on the recommendations of the youth standing committee established under section 117(b)(4); and

(ii)

may terminate for cause the eligibility of such providers.

(C)

Identification of eligible providers of training services

Consistent with section 222, the local board shall identify eligible providers of training services in the local area.

(D)

Identification of eligible providers of intensive services

If the one-stop operator does not provide intensive services in a local area, the local board shall identify eligible providers of intensive services described in section 234(c)(3) in the local area by awarding contracts.

(E)

Consumer choice requirements

Consistent with section 222 and paragraphs (3) and (4) of section 234(c), the local board shall work with the State to ensure there are sufficient numbers and types of providers of intensive services and training services (including eligible providers with expertise in assisting individuals with disabilities and eligible providers with expertise in assisting adults in need of adult education and literacy activities) serving the local area and providing the services involved in a manner that maximizes consumer choice, as well as providing opportunities that lead to competitive, integrated employment for individuals with disabilities.

(11)

Coordination with education providers

(A)

In general

The local board shall coordinate activities with education and training providers in the local area, including providers of workforce investment activities, providers of adult education and literacy activities under title III, providers of career and technical education (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 )) and local agencies administering plans under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq.), other than section 112 or part C of that title ( 29 U.S.C. 732 , 741).

(B)

Applications and agreements

The coordination described in subparagraph (A) shall include—

(i)

consistent with section 332—

(I)

reviewing the applications to provide adult education and literacy activities under title III for the local area, submitted under such section to the eligible agency by eligible providers, to determine whether such applications are consistent with the local plan; and

(II)

making recommendations to the eligible agency to promote alignment with such plan; and

(ii)

replicating cooperative agreements in accordance with subparagraph (B) of section 101(a)(11) of the Rehabilitation Act of 1973 ( 29 U.S.C. 721(a)(11) ), and implementing cooperative agreements in accordance with that section with the local agencies administering plans under title I of that Act ( 29 U.S.C. 720 et seq.) (other than section 112 or part C of that title ( 29 U.S.C. 732 , 741) and subject to section 221(f)), with respect to efforts that will enhance the provision of services to individuals with disabilities and other individuals, such as cross training of staff, technical assistance, use and sharing of information, cooperative efforts with employers, and other efforts at cooperation, collaboration, and coordination.

(C)

Cooperative agreement

In this paragraph, the term cooperative agreement means an agreement entered into by a State designated agency or State designated unit under subparagraph (A) of section 101(a)(11) of the Rehabilitation Act of 1973.

(12)

Budget and administration

(A)

Budget

The local board shall develop a budget for the activities of the local board in the local area, consistent with the local plan and the duties of the local board under this section, subject to the approval of the chief elected official.

(B)

Administration

(i)

Grant recipient

(I)

In general

The chief elected official in a local area shall serve as the local grant recipient for, and shall be liable for any misuse of, the grant funds allocated to the local area under sections 228 and 233, unless the chief elected official reaches an agreement with the Governor for the Governor to act as the local grant recipient and bear such liability.

(II)

Designation

In order to assist in administration of the grant funds, the chief elected official or the Governor, where the Governor serves as the local grant recipient for a local area, may designate an entity to serve as a local grant subrecipient for such funds or as a local fiscal agent. Such designation shall not relieve the chief elected official or the Governor of the liability for any misuse of grant funds as described in subclause (I).

(III)

Disbursal

The local grant recipient or an entity designated under subclause (II) shall disburse the grant funds for workforce investment activities at the direction of the local board, pursuant to the requirements of this title and title II. The local grant recipient or entity designated under subclause (II) shall disburse the funds immediately on receiving such direction from the local board.

(ii)

Grants and donations

The local board may solicit and accept grants and donations from sources other than Federal funds made available under this Act.

(iii)

Tax-exempt status

For purposes of carrying out duties under this Act, local boards may incorporate, and may operate as entities described in section 501(c)(3) of the Internal Revenue Code of 1986 that are exempt from taxation under section 501(a) of such Code.

(13)

Accessibility for individuals with disabilities

The local board shall annually assess the physical and programmatic accessibility, in accordance with section 288 and applicable provisions of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.), of all one-stop centers in the local area.

(e)

Sunshine provision

The local board shall make available to the public, on a regular basis through electronic means and open meetings, information regarding the activities of the local board, including information regarding the local plan prior to submission of the plan, and regarding membership, the designation and certification of one-stop operators, and the award of grants or contracts to eligible providers of youth workforce investment activities, and on request, minutes of formal meetings of the local board.

(f)

Staff

(1)

In general

The local board may hire a director and other staff.

(2)

Limitation on rate

The director and staff described in paragraph (1) shall be subject to the limitations on the payment of salaries and bonuses described in section 294(15).

(g)

Limitations

(1)

Training services

(A)

In general

Except as provided in subparagraph (B), no local board may provide training services.

(B)

Waivers of training prohibition

The Governor of the State in which a local board is located may, pursuant to a request from the local board, grant a written waiver of the prohibition set forth in subparagraph (A) (relating to the provision of training services) for a program of training services, if the local board—

(i)

submits to the Governor a proposed request for the waiver that includes—

(I)

satisfactory evidence that there is an insufficient number of eligible providers of such a program of training services to meet local demand in the local area;

(II)

information demonstrating that the board meets the requirements for an eligible provider of training services under section 222; and

(III)

information demonstrating that the program of training services prepares participants for an industry sector or occupation that is in demand in the local area;

(ii)

makes the proposed request available to eligible providers of training services and other interested members of the public for a public comment period of not less than 30 days; and

(iii)

includes, in the final request for the waiver, the evidence and information described in clause (i) and the comments received pursuant to clause (ii).

(C)

Duration

A waiver granted to a local board under subparagraph (B) shall apply for a period that shall not exceed the duration of the local plan. The waiver may be renewed for additional periods under subsequent local plans, not to exceed the durations of such subsequent plans, pursuant to requests from the local board, if the board meets the requirements of subparagraph (B) in making the requests.

(D)

Revocation

The Governor shall have the authority to revoke the waiver during the appropriate period described in subparagraph (C) if the Governor determines the waiver is no longer needed or that the local board involved has engaged in a pattern of inappropriate referrals to training services operated by the local board.

(2)

Core services; intensive services; designation or certification as one-stop operators

A local board may provide core services described in section 234(c)(2) or intensive services described in section 234(c)(3) through a one-stop delivery system or be designated or certified as a one-stop operator only with the agreement of the chief elected official in the local area and the Governor.

(3)

Limitation on authority

Nothing in this Act shall be construed to provide a local board with the authority to mandate curricula for schools.

(h)

Conflict of interest

A member of a local board, or a member of a standing committee, may not—

(1)

vote on a matter under consideration by the local board—

(A)

regarding the provision of services by such member (or by an entity that such member represents); or

(B)

that would provide direct financial benefit to such member or the immediate family of such member; or

(2)

engage in any other activity determined by the Governor to constitute a conflict of interest as specified in the State plan.

(i)

Alternative entity

(1)

In general

For purposes of complying with subsections (a), (b), and (c), a State may use any local entity (including a local council, regional workforce development board, or similar entity) that—

(A)

is established to serve the local area (or the service delivery area that most closely corresponds to the local area);

(B)

was in existence on August 7, 1998, pursuant to State law; and

(C)

includes—

(i)

representatives of business in the local area; and

(ii)
(I)

representatives of labor organizations (for a local area in which employees are represented by labor organizations), nominated by local labor federations; or

(II)

other representatives of employees in the local area (for a local area in which no employees are represented by such organizations).

(2)

References

A reference in this Act or a core program provision to a local board, shall include a reference to such an entity.

118.

Local plan

(a)

In general

Each local board shall develop and submit to the Governor a comprehensive 4-year local plan, in partnership with the chief elected official. The local plan shall support the strategy described in the State plan in accordance with section 112(b)(1)(F), and otherwise be consistent with the State plan. If the local area is part of a planning region, the local board shall comply with section 116(c)(1)(A) in the preparation and submission of a regional plan. At the end of the first 2-year period of the 4-year local plan, each local board shall review the local plan and the local board, in partnership with the chief elected official, shall prepare and submit modifications to the local plan to reflect changes in labor market and economic conditions or in other factors affecting the implementation of the local plan.

(b)

Contents

The local plan shall include—

(1)

a description of the strategic planning elements consisting of—

(A)

an analysis of the regional economic conditions including—

(i)

existing and emerging in-demand industry sectors and occupations; and

(ii)

the employment needs of employers in those industry sectors and occupations;

(B)

an analysis of the knowledge and skills needed to meet the employment needs of the employers in the region, including employment needs in in-demand industry sectors and occupations;

(C)

an analysis of the workforce in the region, including current labor force employment (and unemployment) data, and information on labor market trends, and the educational and skill levels of the workforce in the region, including individuals with barriers to employment;

(D)

an analysis of the workforce development activities (including education and training) in the region, including an analysis of the strengths and weaknesses of such services, and the capacity to provide such services, to address the identified education and skill needs of the workforce and the employment needs of employers in the region;

(E)

a description of the local board’s strategic vision and goals for preparing an educated and skilled workforce (including youth and individuals with barriers to employment), including goals relating to the performance accountability measures based on primary indicators of performance described in section 131(b)(2)(A) in order to support regional economic growth and economic self-sufficiency; and

(F)

taking into account analyses described in subparagraphs (A) through (D), a strategy to work with the entities that carry out the core programs to align resources available to the local area, to achieve the strategic vision and goals described in subparagraph (E);

(2)

a description of the workforce development system in the local area that identifies the programs that are included in that system and how the local board will work with the entities carrying out core programs and other workforce development programs to support alignment to provide services, including programs of study authorized under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq.), that support the strategy identified in the State plan under paragraph (1)(F);

(3)

a description of how the local board, working with the entities carrying out core programs, will expand access to employment, training, education, and supportive services for eligible individuals, particularly eligible individuals with barriers to employment, including how the local board will facilitate the development of career pathways and co-enrollment, as appropriate, in core programs;

(4)

a description of the strategies and services that will be used in the local area—

(A)

in order to—

(i)

facilitate engagement of employers, including small employers and employers in in-demand industry sectors and occupations, in workforce development programs;

(ii)

support a local workforce development system that meets the needs of businesses in the local area;

(iii)

better coordinate workforce development programs and economic development; and

(iv)

strengthen linkages between the one-stop delivery system and unemployment insurance programs; and

(B)

that may include the implementation of initiatives such as incumbent worker training programs, on-the-job training programs, customized training programs, industry and sector strategies, career pathways initiatives, utilization of effective business intermediaries, and other business services and strategies, designed to meet the needs of employers in the corresponding region in support of the strategy described in paragraph (1)(F);

(5)

a description of how the local board will coordinate workforce investment activities carried out in the local area with economic development activities carried out in the region in which the local area is located (or planning region), and promote entrepreneurial skills training and microenterprise services;

(6)

a description of the one-stop delivery system in the local area, including—

(A)

a description of how the local board will ensure the continuous improvement of eligible providers of services through the system and ensure that such providers meet the employment needs of local employers, and workers and jobseekers;

(B)

a description of how the local board will facilitate access to services provided through the one-stop delivery system, including in remote areas, through the use of technology and through other means;

(C)

a description of how entities within the one-stop delivery system, including one-stop operators and the one-stop partners, will comply with section 288 and applicable provisions of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.) regarding the physical and programmatic accessibility of facilities, programs and services, technology, and materials for individuals with disabilities, including providing staff training and support for addressing the needs of individuals with disabilities; and

(D)

a description of the roles and resource contributions of the one-stop partners;

(7)

a description and assessment of the type and availability of adult and dislocated worker employment and training activities in the local area;

(8)

a description of how the local board will coordinate workforce investment activities carried out in the local area with statewide rapid response activities, as defined in section 201, as appropriate;

(9)

a description and assessment of the type and availability of youth workforce investment activities in the local area, including activities for youth who are individuals with disabilities, which description and assessment shall include an identification of successful models of such youth workforce investment activities;

(10)

a description of how the local board will coordinate education and workforce investment activities carried out in the local area with relevant secondary and postsecondary education programs and activities to coordinate strategies, enhance services, and avoid duplication of services;

(11)

a description of how the local board will coordinate workforce investment activities carried out under this title or title II in the local area with the provision of transportation, including public transportation, and other appropriate supportive services in the local area;

(12)

a description of plans and strategies for, and assurances concerning, maximizing coordination of services provided by the State employment service under the Wagner-Peyser Act ( 29 U.S.C. 49 et seq.) and services provided in the local area through the one-stop delivery system, to improve service delivery and avoid duplication of services;

(13)

a description of how the local board will coordinate workforce investment activities carried out under this title or title II in the local area with the provision of adult education and literacy activities under title III in the local area, including a description of how the local board will carry out, consistent with subparagraphs (A) and (B)(i) of sections 117(d)(11) and section 332, the review of local applications submitted under title III;

(14)

a description of the replicated cooperative agreements (as defined in section 117(d)(11)) between the local board or other local entities described in section 101(a)(11)(B) of the Rehabilitation Act of 1973 ( 29 U.S.C. 721(a)(11)(B) ) and the local office of a designated State agency or designated State unit administering programs carried out under title I of such Act ( 29 U.S.C. 720 et seq.) (other than section 112 or part C of that title ( 29 U.S.C. 732 , 741) and subject to section 221(f)) in accordance with section 101(a)(11) of such Act ( 29 U.S.C. 721(a)(11) ) with respect to efforts that will enhance the provision of services to individuals with disabilities and to other individuals, such as cross training of staff, technical assistance, use and sharing of information, cooperative efforts with employers, and other efforts at cooperation, collaboration, and coordination;

(15)

an identification of the entity responsible for the disbursal of grant funds described in section 117(d)(12)(B)(i)(III), as determined by the chief elected official or the Governor under section 117(d)(12)(B)(i);

(16)

a description of the competitive process to be used to award the subgrants and contracts in the local area for activities carried out under title I or title II;

(17)

a description of the local levels of performance negotiated with the Governor and chief elected official pursuant to section 131(c), to be used to measure the performance of the local area and to be used by the local board for measuring the performance of the local fiscal agent (where appropriate), eligible providers under title II, and the one-stop delivery system, in the local area;

(18)

a description of the actions the local board will take toward becoming or remaining a high-performing board, consistent with the factors developed by the State board pursuant to section 111(d)(6);

(19)

a description of how training services under chapter 3 of subtitle B of title II will be provided in accordance with section 234(c)(4)(G), including, if contracts for the training services will be used, how the use of such contracts will be coordinated with the use of individual training accounts under that chapter and how the local board will ensure informed customer choice in the selection of training programs regardless of how the training services are to be provided;

(20)

a description of the process used by the local board, consistent with subsection (c), to provide an opportunity for public comment, including comment by representatives of businesses and comment by representatives of labor organizations, and input into the development of the local plan, prior to submission of the plan;

(21)

a description of how one-stop centers are implementing and transitioning to an integrated, technology-enabled intake and case management information system for programs carried out under the Act and programs carried out by one-stop partners; and

(22)

such other information as the Governor may require.

(c)

Process

Prior to the date on which the local board submits a local plan under this section, the local board shall—

(1)

make available copies of a proposed local plan to the public through electronic and other means, such as public hearings and local news media;

(2)

allow members of the public, including representatives of business, representatives of labor organizations, and representatives of education to submit to the local board comments on the proposed local plan, not later than the end of the 30-day period beginning on the date on which the proposed local plan is made available; and

(3)

include with the local plan submitted to the Governor under this section any such comments that represent disagreement with the plan.

(d)

Plan submission and approval

A local plan submitted to the Governor under this section (including a modification to such a local plan) shall be considered to be approved by the Governor at the end of the 90-day period beginning on the day the Governor receives the plan (including such a modification), unless the Governor makes a written determination during the 90-day period that—

(1)

deficiencies in activities carried out under this title or subtitle A of title II have been identified, through audits conducted under section 284 or otherwise, and the local area has not made acceptable progress in implementing corrective measures to address the deficiencies;

(2)

the plan does not comply with the applicable provisions of this Act; or

(3)

the plan does not align with the State plan, including failing to provide for alignment of the core programs to support the strategy identified in the State plan in accordance with section 112(b)(1)(F).

3

General Provisions

121.

Qualifications for directors

(a)

Development of guidelines

(1)

Development

Not later than 3 months after the date of enactment of this Act, the Secretary of Labor, in consultation with the Secretary of Education, shall initiate a process to develop guidelines for qualifications for the position of director (which may be known as an executive director or chief executive officer, or by a similar title) of State boards and local boards.

(2)

Consultation

The Secretary shall solicit and consider advice from a diverse set of parties, drawn from each of the following groups:

(A)

Representatives of Federal, State, regional, and local officials responsible for the administration of one-stop partner programs, as well as other workforce development programs the Secretary determines are appropriate.

(B)

Representatives of State boards and local boards, including representatives of the directors of such boards.

(C)

Individuals with relevant expertise in workforce development representing entities such as national associations and organizations, academic and research organizations, labor organizations, businesses and business organizations, economic development entities, institutions of higher education, community-based organizations and intermediaries, and philanthropic organizations.

(3)

Qualifications

In developing guidelines for qualifications for the directors of State boards and local boards under this section, the Secretary shall analyze and determine the requisite knowledge, skills, and abilities necessary to assist the boards in carrying out the functions described in, as appropriate, sections 111(d) and 117(d) and necessary for understanding and leadership of workforce development systems.

(b)

Identification of guidelines

Not later than 15 months after the date of enactment of this Act, the Secretary of Labor, in consultation with the Secretary of Education, shall identify the guidelines for qualifications the Secretary of Labor determines are appropriate for the directors of State boards and local boards and shall disseminate such guidelines to the public, Governors, and chief elected officials, and to State boards and local boards for their consideration and use in hiring such directors. The Secretary of Labor may provide technical assistance to State boards and local boards relating to the use of such guidelines.

(c)

Periodic review

The Secretary of Labor, in consultation with the Secretary of Education, shall periodically review the guideline identified under this section for qualifications for the directors of State boards and local boards and, after consultation with the individuals referenced in subsection (a)(2), may issue such revised guidelines, in accordance with this section, as the Secretary determines to be appropriate.

122.

Funding of State and local boards

(a)

State boards

In funding a State board under this subtitle, a State—

(1)

shall use funds available as described in section 229(b)(2) or 234(a)(3)(B); or

(2)

may use non-Federal funds available to the State that the State determines are appropriate and available for that use.

(b)

Local boards

In funding a local board under this subtitle, the chief elected official and local board for the local area—

(1)

shall use funds available as described in section 228(b)(4); or

(2)

may use non-Federal funds available to the local area that the chief elected official and local board determine are appropriate and available for that use.

B

Workforce development performance accountability system

131.

Performance accountability system

(a)

Purpose

The purpose of this section is to establish performance accountability measures that apply—

(1)

across the core programs to assess the effectiveness of States in achieving positive outcomes for individuals served by those programs; and

(2)

across the title II core programs to assess the effectiveness of local areas in achieving positive outcomes for individuals served by those programs.

(b)

State performance accountability measures

(1)

In general

For each State, the performance accountability measures for the core programs shall consist of—

(A)
(i)

the primary indicators of performance described in paragraph (2)(A); and

(ii)

the additional indicators of performance (if any) identified by the State under paragraph (2)(B); and

(B)

a State adjusted level of performance for each indicator described in subparagraph (A).

(2)

Indicators of performance

(A)

Primary indicators of performance

(i)

In general

The State primary indicators of performance for activities provided under the adult and dislocated worker programs authorized under chapter 3 of subtitle B of title II, the program of adult education and literacy activities authorized under title III, the employment services program authorized under sections 1 through 13 of the Wagner-Peyser Act ( 29 U.S.C. 49 et seq.) (except that subclauses (IV) and (V) shall not apply to such program), and the program authorized under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq.), other than section 112 or part C of that title ( 29 U.S.C. 732 , 741), shall consist of—

(I)

the percentage of program participants who are employed during the second quarter after exit from the program;

(II)

the percentage of program participants who are employed during the fourth quarter after exit from the program;

(III)

the median earnings of program participants who are employed during the second quarter after exit from the program;

(IV)

the percentage of program participants who obtain a recognized postsecondary credential, or a secondary school diploma or its recognized equivalent (subject to clause (iii)), during participation in or within 1 year after exit from the program;

(V)

the percentage of program participants who, during a program year, are in an education or training program that leads to a recognized postsecondary credential or employment and who are achieving measurable skill gains toward such a credential or employment; and

(VI)

the indicators of effectiveness in serving employers established pursuant to clause (iv).

(ii)

Primary indicators for eligible youth

The primary indicators of performance for the youth program authorized under chapter 2 of subtitle B of title II shall consist of—

(I)

the percentage of program participants who are in education or training activities, or employed, during the second quarter after exit from the program;

(II)

the percentage of program participants who are in education or training activities, or employed, during the fourth quarter after exit from the program;

(III)

the median earnings of program participants who are employed during the second quarter after exit from the program;

(IV)

the percentage of program participants who obtain a recognized postsecondary credential described in clause (i)(IV), or a secondary school diploma or its recognized equivalent subject to clause (iii), during participation in or within 1 year after exit from the program;

(V)

the percentage of program participants who, during a program year, are in an education or training program that leads to a recognized postsecondary credential or employment and who are achieving measurable skill gains toward such a credential or employment; and

(VI)

the indicators of effectiveness in serving employers established pursuant to clause (iv).

(iii)

Indicator relating to credential

For purposes of clause (i)(IV) or (ii)(IV), program participants who obtain a secondary school diploma or its recognized equivalent shall be included in the percentage counted as meeting the criterion under such clause only if such participants, in addition to obtaining such diploma or its recognized equivalent, have obtained or retained employment or are in an education or training program leading to a recognized postsecondary credential described in clause (i)(IV) within 1 year after exit from the program.

(iv)

Indicator for services to employers

Prior to the commencement of the second full program year after the date of enactment of this Act, for purposes of clauses (i)(VI) and (ii)(VI), the Secretary of Labor and the Secretary of Education, after consultation with the representatives described in subsection (h)(2), shall jointly develop and establish, for purposes of this subparagraph, 1 or more primary indicators of performance that indicate the effectiveness of the core programs in serving employers.

(B)

Additional indicators

A State may identify in the State plan additional performance accountability indicators.

(3)

Levels of performance

(A)

State adjusted levels of performance for primary indicators

(i)

In general

For each State submitting a State plan, there shall be established, in accordance with this subparagraph, levels of performance for each of the corresponding primary indicators of performance described in paragraph (2) for each of the programs described in clause (ii).

(ii)

Included programs

The programs included under clause (i) are—

(I)

the youth program authorized under chapter 2 of subtitle B of title II;

(II)

the adult program authorized under chapter 3 of subtitle B of title II;

(III)

the dislocated worker authorized under chapter 3 of subtitle B of title II;

(IV)

the program of adult education and literacy activities authorized under title III;

(V)

the employment services program authorized under sections 1 through 13 of the Wagner-Peyser Act ( 29 U.S.C. 49 et seq.); and

(VI)

the program authorized under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq.), other than section 112 or part C of that title ( 29 U.S.C. 732 , 741).

(iii)

Identification in State plan

Each State shall identify, in the State plan, expected levels of performance for each of the corresponding primary indicators of performance for each of the programs described in clause (ii) for the first 2 program years covered by the State plan.

(iv)

Agreement on State adjusted levels of performance

(I)

First 2 years

The State shall reach agreement with the Secretary of Labor and the Secretary of Education on levels of performance for each indicator described in clause (iii) for each of the programs described in clause (ii) for each of the first 2 program years covered by the State plan. In reaching the agreement, the State and Secretaries shall take into account the levels identified in the State plan under clause (iii) and the factors described in clause (v). The levels agreed to shall be considered to be the State adjusted levels of performance for the State for such program years and shall be incorporated into the State plan prior to the approval of such plan.

(II)

Third and fourth year

The State and the Secretaries shall reach agreement, prior to the third program year covered by the State plan, on levels of performance for each indicator described in clause (iii) for each of the programs described in clause (ii) for each of the third and fourth program years covered by the State plan. In reaching the agreement, the State and Secretaries shall take into account the factors described in clause (v). The levels agreed to shall be considered to be the State adjusted levels of performance for the State for such program years and shall be incorporated into the State plan as a modification to the plan.

(v)

Factors

In reaching the agreements described in clause (iv), the State and Secretaries shall—

(I)

take into account how the levels involved compare with the State adjusted levels of performance established for other States;

(II)

ensure that the levels involved are adjusted, using the objective statistical model established by the Secretaries pursuant to clause (viii), based on—

(aa)

the differences among States in actual economic conditions (including differences in unemployment rates and job losses or gains in particular industries); and

(bb)

the characteristics of participants when the participants entered the program involved, including indicators of poor work history, lack of work experience, lack of educational or occupational skills attainment, dislocation from high-wage and high-benefit employment, low levels of literacy or English proficiency, disability status, homelessness, ex-offender status, and welfare dependency);

(III)

take into account the extent to which the levels involved promote continuous improvement in performance accountability on the performance accountability measures by such State and ensure optimal return on the investment of Federal funds; and

(IV)

take into account the extent to which the levels involved will assist the State in meeting the goals described in clause (vi).

(vi)

Goals

In order to promote enhanced performance outcomes and to facilitate the process of reaching agreements with the States under clause (iv), the Secretary of Labor and the Secretary of Education shall establish performance goals for the core programs, in accordance with the Government Performance and Results Act of 1993 and in consultation with States and other appropriate parties. Such goals shall be long-term goals for the adjusted levels of performance to be achieved by each of the programs described in clause (ii) regarding the corresponding primary indicators of performance described in paragraph (2)(A).

(vii)

Revisions based on economic conditions and individuals served during the program year

The Secretary of Labor and the Secretary of Education shall, in accordance with the objective statistical model developed pursuant to clause (viii), revise the State adjusted levels of performance applicable for each of the programs described in clause (ii), for a program year and a State, to reflect the actual economic conditions and characteristics of participants (as described in clause (v)(II)) in that program during such program year in such State.

(viii)

Statistical adjustment model

The Secretary of Labor and the Secretary of Education, after consultation with the representatives described in subsection (h)(2), shall develop and disseminate an objective statistical model that will be used to make the adjustments in the State adjusted levels of performance for actual economic conditions and characteristics of participants under clauses (v) and (vii).

(B)

Levels of performance for additional indicators

The State may identify, in the State plan, State levels of performance for each of the additional indicators identified under paragraph (2)(B). Such levels shall be considered to be State adjusted levels of performance for purposes of this section.

(c)

Local performance accountability measures for title II

(1)

In general

For each local area in a State designated under section 116, the local performance accountability measures for each of the programs described in subclauses (I) through (III) of subsection (b)(3)(A)(ii) shall consist of—

(A)
(i)

the primary indicators of performance described in subsection (b)(2)(A) that are applicable to such programs; and

(ii)

additional indicators of performance, if any, identified by the State for such programs under subsection (b)(2)(B); and

(B)

the local level of performance for each indicator described in subparagraph (A).

(2)

Local level of performance

The local board, the chief elected official, and the Governor shall negotiate and reach agreement on local levels of performance based on the State adjusted levels of performance established under subsection (b)(3)(A).

(3)

Adjustment factors

In negotiating the local levels of performance, the local board, the chief elected official, and the Governor shall make adjustments for the expected economic conditions and the expected characteristics of participants to be served in the local area, using the statistical adjustment model developed pursuant to subsection (b)(3)(A)(viii). In addition, the negotiated local levels of performance applicable to a program year shall be revised to reflect the actual economic conditions experienced and the characteristics of the populations served in the local area during such program year using the statistical adjustment model.

(d)

Performance reports

(1)

In general

Not later than 12 months after the date of enactment of this Act, the Secretary of Labor and the Secretary of Education shall jointly develop a template for performance reports that shall be used by States, local boards, and eligible providers of training services under section 222 to report on outcomes achieved by the core programs. In developing such templates, the Secretary of Labor and the Secretary of Education will take into account the need to maximize the value of the templates for workers, jobseekers, employers, local elected officials, State officials, Federal policymakers, and other key stakeholders.

(2)

Contents of State performance reports

The performance report for a State shall include, subject to paragraph (5)(C)—

(A)

information specifying the levels of performance achieved with respect to the primary indicators of performance described in subsection (b)(2)(A) for each of the programs described in subsection (b)(3)(A)(ii) and the State adjusted levels of performance with respect to such indicators for each program;

(B)

information specifying the levels of performance achieved with respect to the primary indicators of performance described in subsection (b)(2)(A) for each of the programs described in subsection (b)(3)(A)(ii) with respect to individuals with barriers to employment, disaggregated by each subpopulation of such individuals, and by race, ethnicity, sex, and age;

(C)

the total number of participants served by each of the programs described in subsection (b)(3)(A)(ii), and the types of services provided;

(D)

the number of individuals with barriers to employment served by each of the programs described in subsection (b)(3)(A)(ii), disaggregated by each subpopulation of such individuals;

(E)

the number of participants who are enrolled in more than 1 of the programs described in subsection (b)(3)(A)(ii); and

(F)

other information that facilitates comparisons of programs with programs in other States.

(3)

Contents of local area performance reports

The performance reports for a local area shall include, subject to paragraph (5)(C)—

(A)

information specifying the levels of performance achieved with respect to the primary indicators of performance described in subsection (b)(2)(A) for each of the programs described in subclauses (I) through (III) of subsection (b)(3)(A)(ii), and the local adjusted levels of performance with respect to such indicators for each program;

(B)

information specifying the levels of performance achieved with respect to the primary indicators of performance described in subsection (b)(2)(A) for each of the programs described in subclauses (I) through (III) of subsection (b)(3)(A)(ii) with respect to individuals with barriers to employment, disaggregated by each subpopulation of such individuals, and by race, ethnicity, sex, and age;

(C)

the total number of participants served by each of the programs described in subclauses (I) through (III) of subsection (b)(3)(A)(ii), and the types of services provided;

(D)

the number of individuals with barriers to employment served by each of the programs described in subclauses (I) through (III) of subsection (b)(3)(A)(ii), disaggregated by each subpopulation of such individuals;

(E)

the number of participants who are enrolled in any of the programs described in subclauses (I) through (III) of subsection (b)(3)(A)(ii) who are enrolled in more than 1 program described in subsection (b)(3)(A)(ii); and

(F)

other information that facilitates comparisons of programs with programs in other local areas (or planning regions, as appropriate).

(4)

Contents of eligible training providers performance reports

The performance report for an eligible provider of training services under section 222 shall include, subject to paragraph (5)(C), with respect to each program of study (or the equivalent) of such provider—

(A)

information specifying the levels of performance achieved with respect to the primary indicators of performance described in subclauses (I) through (IV) of subsection (b)(2)(A)(i) with respect to all individuals engaging in the program of study (or the equivalent);

(B)

the total number of individuals engaging in the program of study (or the equivalent);

(C)

the total number of participants served by each of the adult program and the dislocated worker program authorized under chapter 3 of subtitle B of title II; and

(D)

the number of individuals with barriers to employment served by each of the adult program and the dislocated worker program authorized under chapter 3 of subtitle B of title II, disaggregated by each subpopulation of such individuals, and by race, ethnicity, sex, and age.

(5)

Publication

(A)

State performance reports

The Secretary of Labor and the Secretary of Education shall annually make available (including by electronic means), in an easily understandable format, the performance reports for States containing the information described in paragraph (2).

(B)

Local area and eligible training provider performance reports

The State shall make available (including by electronic means), in an easily understandable format, the performance reports for the local areas containing the information described in paragraph (3) and the performance reports for eligible providers of training services containing the information described in paragraph (4).

(C)

Rules for reporting of data

The disaggregation of data under this subsection shall not be required when the number of participants in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about an individual participant.

(D)

Dissemination to congress

The Secretary of Labor and the Secretary of Education shall make available (including by electronic means) a summary of the reports, and the reports, required under this subsection 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.

(e)

Evaluation of State programs

(1)

In general

Using funds authorized under a core program and made available to carry out this section, the State, in coordination with local boards in the State and the State agencies responsible for the administration of the core programs, shall conduct ongoing evaluations of activities carried out in the State under such programs. The State, local boards, and State agencies shall conduct the evaluations in order to promote, establish, implement, and utilize methods for continuously improving core program activities in order to achieve high-level performance within, and high-level outcomes from, the workforce development system. The State shall coordinate the evaluations with the evaluations provided for by the Secretary of Labor and the Secretary of Education under section 172, section 342(c)(3)(E), section 10(b) of the Wagner-Peyser Act ( 29 U.S.C. 49i(b) ), and sections 12(a)(5), 14, and 107 of the Rehabilitation Act of 1973 (29 U.S.C. 709(a)(5), 711, 727) (applied with respect to programs carried out under title I of that Act ( 29 U.S.C. 720 et seq.)).

(2)

Design

The evaluations conducted under this subsection shall be designed in conjunction with the State board, State agencies responsible for the administration of the core programs, and local boards and shall include analysis of customer feedback and outcome and process measures in the statewide workforce development system. The evaluations shall use designs that employ the most rigorous analytical and statistical methods that are reasonably feasible, such as the use of control groups.

(3)

Results

The State shall annually prepare, submit to the State board and local boards in the State, and make available to the public (including by electronic means), reports containing the results of evaluations conducted under this subsection, to promote the efficiency and effectiveness of the workforce development system.

(4)

Cooperation with federal evaluations

The State shall cooperate in the conduct of evaluations (including related research projects) provided for by the Secretary of Labor or the Secretary of Education under the provisions of Federal law identified in paragraph (1). Such cooperation shall include the provision of data (in accordance with appropriate privacy protections established by the Secretary of Labor), the provision of responses to surveys, and allowing site visits in a timely manner, for the Secretaries or their agents.

(f)

Sanctions for State failure To meet state performance accountability measures

(1)

States

(A)

Technical assistance

If a State fails to meet the State adjusted levels of performance relating to indicators described in subsection (b)(2)(A) for a program for any program year, the Secretary of Labor and the Secretary of Education shall provide technical assistance, including assistance in the development of a performance improvement plan.

(B)

Reduction in amount of grant

If such failure continues for a second consecutive year, or if a State fails to submit a report under subsection (d) for any program year, the Secretary of Labor or the Secretary of Education, as appropriate, may reduce by not more than 5 percent, the amount of the allotment that would (in the absence of this paragraph) be payable to the State under such program for the immediately succeeding program year. Such penalty shall be based on the degree of failure to meet State adjusted levels of performance.

(2)

Funds resulting from reduced allotments

The Secretary of Labor or the Secretary of Education, as appropriate, shall use any amount retained, as a result of a reduction in an allotment to a State made under paragraph (1)(B), to provide technical assistance to the States the Secretaries determine to be appropriate to improve the performance of their core programs.

(g)

Sanctions for local area failure To meet local performance accountability measures

(1)

Technical assistance

If a local area fails to meet local performance accountability measures established under subsection (c) for the youth, adult, or dislocated worker program authorized under chapter 2 or 3 of subtitle B of title II for a program described in subsection (d)(2)(A) for any program year, the Governor, or upon request by the Governor, the Secretary of Labor, shall provide technical assistance, which may include assistance in the development of a performance improvement plan, or the development of a modified local plan (or regional plan).

(2)

Corrective actions

(A)

In general

If such failure continues for a second consecutive year, the Governor shall take corrective actions, which shall include development of a reorganization plan through which the Governor may—

(i)

require the appointment and certification of a new local board, consistent with the criteria established under section 117(b)(1);

(ii)

prohibit the use of eligible providers and one-stop partners identified as achieving a poor level of performance;

(iii)

redesignate the local area in accordance with section 116; or

(iv)

take such other actions as the Governor determines are appropriate.

(B)

Appeal by local area

(i)

Appeal to Governor

The local board and chief elected official for a local area that is subject to a reorganization plan under subparagraph (A) may, not later than 30 days after receiving notice of the reorganization plan, appeal to the Governor to rescind or revise such plan. In such case, the Governor shall make a final decision not later than 30 days after the receipt of the appeal.

(ii)

Subsequent action

The local board and chief elected official for a local area may, not later than 30 days after receiving a decision from the Governor pursuant to clause (i), appeal such decision to the Secretary of Labor. In such case, the Secretary shall make a final decision not later than 30 days after the receipt of the appeal.

(C)

Effective date

The decision made by the Governor under subparagraph (B)(i) shall become effective at the time the Governor issues the decision pursuant to such clause. Such decision shall remain effective unless the Secretary of Labor rescinds or revises such plan pursuant to subparagraph (B)(ii).

(h)

Definitions of indicators of performance

(1)

In general

In order to ensure nationwide comparability of performance data, the Secretary of Labor and the Secretary of Education, after consultation with representatives described in paragraph (2), shall issue definitions for the indicators described in subsection (b)(2).

(2)

Representatives

The representatives referred to in paragraph (1) are representatives of States and political subdivisions, business and industry, employees, eligible providers of activities carried out through the core programs, educators, researchers, participants, the lead State agency officials with responsibility for the programs carried out through the core programs, individuals with expertise in serving individuals with barriers to employment, and other interested parties.

(i)

Fiscal and management accountability information systems

(1)

In general

Using funds authorized under a core program and made available to carry out this subtitle, the Governor, in coordination with the State board, the State agencies administering the core programs, local boards, and chief elected officials in the State, shall establish and operate a fiscal and management accountability information system based on guidelines established by the Secretary of Labor and the Secretary of Education after consultation with the Governors of States, chief elected officials, and one-stop partners. Such guidelines shall promote efficient collection and use of fiscal and management information for reporting and monitoring the use of funds authorized under the core programs and for preparing the annual report described in subsection (d).

(2)

Wage records

In measuring the progress of the State on State and local performance accountability measures, a State shall utilize quarterly wage records, consistent with State law. The Secretary of Labor shall make arrangements, consistent with State law, to ensure that the wage records of any State are available to any other State to the extent that such wage records are required by the State in carrying out the State plan of the State or completing the annual report described in subsection (d).

(3)

Confidentiality

In carrying out the requirements of this Act, the State shall comply with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ).

C

Workforce innovation and replication grants

141.

Purposes

The purposes of this subtitle are—

(1)

to promote the development of comprehensive workforce development systems at the State, regional, and local levels that reflect the alignment of strategies and activities across the core programs and, where appropriate, across other workforce development, education, economic development, and human services programs, to provide effective, high quality, and client-centered services to job seekers and workers, youth, and employers;

(2)

to promote innovation and to improve, replicate, and expand models and service delivery strategies—

(A)

that are of demonstrated effectiveness in meeting the education, training, and employment needs of job seekers and workers, and youth, including such individuals with barriers to employment, and employers; and

(B)

that may include—

(i)

industry and sector strategies, career pathway models, and other examples of models and strategies involving integrated partnerships;

(ii)

models or strategies that utilize pay for performance, prior learning, or retention grants; or

(iii)

models or strategies that address areas of high poverty or individuals who are long-term unemployed, and that lead to economic self-sufficiency; and

(3)

to establish and improve programs for youth that engage, recover, and connect youth by providing access to career pathways that include the attainment of a recognized postsecondary credential and employment that leads to economic self-sufficiency.

142.

Workforce innovation and replication grants

(a)

Authorization of appropriations

There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2014 through 2018.

(b)

Workforce innovation and replication grants to eligible entities

(1)

In general

From funds described in subsection (a), the Secretary of Labor and the Secretary of Education shall award workforce innovation and replication grants on a competitive basis to eligible entities.

(2)

Use of funds

The grants awarded under this subsection shall be used to support innovative new strategies and activities, which may include strategies and activities with proven effectiveness in 2 or more noncontiguous areas, or the replication and expansion of effective evidence-based strategies and activities, such as on-the-job training, that are designed to align programs and strengthen the workforce development system in a State or region, consistent with the workforce development plans under this Act for such State or region, in order to substantially improve the education and employment outcomes for adults and youth served by such system and the services provided to employers under such system.

(3)

Eligible entities

(A)

In general

To be eligible to receive a grant under this subsection, a State partnership or regional entity shall meet the requirements of this paragraph and submit an application in accordance with paragraph (4).

(B)

State partnership

For a State partnership to be eligible for funding under this subsection, a Governor of a State shall—

(i)

submit the application in partnership with the State board and with 1 or more regional entities in the State described in subparagraph (C); and

(ii)

demonstrate that the State has—

(I)

aligned the core programs;

(II)

made significant progress towards aligning the core programs with other workforce development programs; and

(III)

achieved the alignments described in subclauses (I) and (II) consistent with the State plan.

(C)

Regional entities

To be identified as a regional entity and to be eligible for funding under this subsection, a local board for a local area that is aligned with a region, or all of the local boards for local areas that comprise a planning region under section 116(c), shall demonstrate that—

(i)

the application has been developed in consultation with the State and is not duplicative of other applications under this subsection submitted by a State partnership; and

(ii)

the local board, or all of the local boards for the planning region, has—

(I)

worked with the core programs to achieve alignment of such programs in the region;

(II)

made significant progress towards aligning the core programs with other workforce development programs in the region; and

(III)

achieved the alignments described in subclauses (I) and (II) consistent with the State plan.

(4)

Application

An eligible entity seeking to receive a grant under this subsection shall submit to the Secretary of Labor and the Secretary of Education an application at such time, in such manner, and containing such information, consistent with this paragraph, as the Secretaries may require. Each such application shall describe the innovation and replication strategies and activities, and any waivers, in accordance with appropriate authorizing statutes, necessary to implement such strategies and activities, that the eligible entity will carry out to strengthen the workforce development system in the State or region in order to substantially improve the education and employment outcomes for individuals served by such system and the services provided to employers under such system, including—

(A)

a description of the region in the State or the State, as appropriate, that will be the focus of grant activities, including analyses of economic conditions, skill needs, the workforce, and the workforce development services (including the strengths and weaknesses of such services and the capacity to provide such services) that are relevant to the proposed strategies and activities that would be carried out under the grant;

(B)

a description of the populations to be served, including individuals with barriers to employment, and the skill needs of those populations;

(C)

a description of the promising strategies and activities the eligible entity is proposing to demonstrate, or the evidence-based strategies and activities that the eligible entity is proposing to expand or replicate;

(D)

a description of how, in carrying out such strategies and activities, the entity will—

(i)

collaborate to leverage resources among strategic partners to achieve the purposes of the grant, and to provide the matching share described in paragraph (5)(B); and

(ii)

ensure the sustainability of the programs and activities supported by the grant after grant funds are no longer available;

(E)

a description of how the strategies and activities will be aligned with the State plan and the local plans in the region of the State that will be the focus of grant activities;

(F)

a description of the outcomes, including outcomes for the performance accountability measures based on indicators described in section 131(b)(2)(A)(i), to be achieved by the proposed strategies and activities; and

(G)

a description of how the eligible entity will—

(i)

use technology;

(ii)

collect data;

(iii)

make data publicly available; and

(iv)

use technology and data to improve program delivery, activities, and administration.

(5)

Matching requirements; supplement, not supplant

(A)

Innovation fund share

The amount of the share of the funds provided under paragraph (1) shall be not greater than 50 percent of the cost of the programs and activities that are carried out under the grant.

(B)

Matching share

(i)

In general

(I)

Amount

The amount of the matching share under this subsection for a program year may not be less than 50 percent of the costs of the programs and activities that are carried out under the grant.

(II)

In cash or in kind

The matching share may be in cash or in kind (fairly evaluated).

(III)

Sources of matching share

(aa)

In general

Not more than 50 percent of the matching share required under this subsection may be provided from Federal resources, of which not less than 50 percent shall be provided from Federal resources from the partner programs identified in the application other than resources provided under the core programs.

(bb)

Non-Federal sources

Non-Federal sources for the matching share may include State resources, local resources, contributions from private organizations, or a combination of such resources and contributions.

(ii)

Financial hardship waiver

The Secretary of Labor and the Secretary of Education may waive or reduce the matching share of an eligible entity that has submitted an application under this subsection if such entity demonstrates a need for such waiver or reduction due to extreme financial hardship as jointly defined by the Secretary of Labor and the Secretary of Education.

(C)

Supplement, not supplant

The Federal and matching share required by this subsection shall be used to supplement and not supplant other Federal and State funds used to carry out activities described in this subsection.

(6)

Grant period

Grants awarded under this subsection shall be awarded for periods of not more than 3 years in duration and may not be renewed.

(7)

Geographic diversity

In awarding grants under this subsection, the Secretary of Labor and the Secretary of Education shall take into consideration the geographic diversity, and diversity with respect to population density, of the areas in which projects will be carried out under this section.

(8)

Reporting

The Secretary of Labor and the Secretary of Education are authorized to establish appropriate reporting requirements for grantees under this subsection.

(9)

Technical assistance and evaluation

For each program year for which funds are available to carry out this section, the Secretary of Labor and the Secretary of Education may reserve not more than 5 percent of the amount available to carry out this subsection to provide technical assistance to applicants and grantees under this subsection, and to evaluate projects carried out under this subsection. The Secretaries shall ensure that the results of the evaluations are publicly available (including by electronic means).

143.

Youth innovation and replication grants

(a)

Program authorized

There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2014 through 2018.

(b)

Youth innovation and replication grants to eligible entities

(1)

In general

From funds described in subsection (a), the Secretary of Labor and the Secretary of Education shall award youth innovation and replication grants on a competitive basis to eligible entities.

(2)

Use of funds

The grants awarded under this subsection shall be used to support the demonstration of innovative new strategies and activities, or the replication and expansion of effective evidence-based strategies and activities, that are designed to substantially improve education and employment outcomes for eligible youth. Such strategies and activities shall include—

(A)

establishing career pathways in in-demand industry sectors and occupations for eligible youth, in collaboration with other Federal, State, and local programs, such as career and technical education programs as defined in section 101, and public and private entities;

(B)

developing and implementing a comprehensive strategy, for an area of high poverty, that provides education and training programs, resources, and other activities that prepare youth for postsecondary education and training and for employment that leads to economic self-sufficiency;

(C)

developing and implementing strategies and activities that provide opportunities for youth with disabilities to receive education, training, and employment services that lead to a recognized postsecondary credential or integrated, competitive employment;

(D)

developing and implementing evidence-based strategies and activities, such as—

(i)

education offered concurrently and contextually with workforce preparation and training for a specific occupation or occupational cluster;

(ii)

career academies;

(iii)

dropout prevention and recovery strategies;

(iv)

paid or unpaid work experience, including summer employment opportunities and employment opportunities available throughout the school year, combined with academic learning leading to a recognized postsecondary credential; or

(v)

innovative programs for youth facing multiple barriers to employment that arrange for the provision of or provide supportive services combined with education, training, or employment activities; or

(E)

other evidence-based strategies or activities designed to improve the education and employment outcomes for youth.

(3)

Eligible entities

(A)

In general

To be eligible to receive a grant under this subsection, an eligible entity shall—

(i)

meet the requirements of this paragraph; and

(ii)

submit an application in accordance with paragraph (4).

(B)

Eligible entity defined

An eligible entity shall include—

(i)
(I)

the Governor of a State in coordination with the State board and with a local board for a local area that is aligned with a region, or with all local boards for local areas that comprise a planning region, under section 116(c), in consultation with the standing committee on youth associated with the local board; or

(II)

a local board for a local area that is aligned with a region, or all local boards for local areas that comprise a planning region, under section 116(c), in consultation with the standing committee on youth associated with the local board; and

(ii)

one or more of the following:

(I)

A State educational agency.

(II)

A local educational agency.

(III)

A nonprofit organization with expertise serving eligible youth, including a community-based organization or an intermediary.

(IV)

An institution of higher education, including a community college.

(V)

A joint labor-management partnership.

(4)

Application

To be eligible to receive a grant under this subsection, an eligible entity shall submit an application to the Secretary of Labor and the Secretary of Education at such time, in such manner, and containing such information, consistent with this paragraph, as the Secretaries may require. Each such application shall describe the innovation and replication strategies and activities that the eligible entity will carry out to strengthen the workforce development system in the State or region in order to substantially improve education and employment outcomes for youth, such as youth with disabilities, served by such system, and shall include—

(A)

a description of the region in the State or the State, as applicable, that will be the focus of grant activities, including analyses of economic conditions, skill needs, the workforce, and the workforce development services (including the strengths and weaknesses of such services and the capacity to provide such services) that are relevant to the proposed strategies and activities that would be carried out under the grant;

(B)

a description of the youth populations to be served, including individuals with barriers to employment who are youth, and the skill needs of those populations;

(C)

a description of the promising strategies and activities the eligible entity is proposing to demonstrate, or the evidence-based strategies and activities that the eligible entity is proposing to expand or replicate;

(D)

a description of how the eligible entity will meaningfully involve youth in the design and implementation of the proposed strategies and activities;

(E)

a description of how, in carrying out such strategies and activities, the eligible entity will—

(i)

collaborate to leverage resources among strategic partners to achieve the purposes of the grant, and to provide the matching share described in paragraph (5)(B); and

(ii)

ensure the sustainability of the programs and activities supported by the grant after grant funds are no longer available;

(F)

a description of how the strategies and activities will be aligned with the State plan and the local plans in the region of the State that will be the focus of grant activities;

(G)

a description of the outcomes, including outcomes for the performance accountability measures based on indicators of performance described in section 131(b)(2)(A)(ii), to be achieved by the proposed strategies and activities; and

(H)

a description of how the eligible entity will—

(i)

use technology;

(ii)

collect data;

(iii)

make data publicly available; and

(iv)

use technology and data to improve program delivery, activities, and administration.

(5)

Matching requirements; supplement, not supplant

(A)

Innovation fund share

The amount of the share of the funds provided under paragraph (1) shall be not greater than 50 percent of the cost of the programs and activities that are carried out under the grant.

(B)

Matching share

(i)

In general

(I)

Amount

The amount of the matching share under this subsection for a program year may not be less than 50 percent of the costs of the programs and activities that are carried out under the grant.

(II)

In cash or in kind

The matching share may be in cash or in kind (fairly evaluated).

(III)

Sources of matching share

(aa)

In general

Not more than 50 percent of the matching share required under this subsection may be provided from Federal resources, of which not less than 50 percent shall be provided from Federal resources from the partner programs identified in the application other than resources provided under the core programs.

(bb)

Non-Federal sources

Non-Federal sources for the matching share may include State resources, local resources, contributions from private organizations, or a combination of such resources and contributions.

(ii)

Financial hardship waiver

The Secretary of Labor and the Secretary of Education may waive or reduce the matching share of an eligible entity that has submitted an application under this subsection if such entity demonstrates a need for such waiver or reduction due to extreme financial hardship as defined by the Secretary of Labor and the Secretary of Education.

(C)

Supplement, not supplant

The Federal and matching share required by this subsection shall be used to supplement and not supplant other Federal and State funds used to carry out activities described in this subsection.

(6)

Grant period

Grants awarded under this subsection shall be awarded for periods of not more than 3 years in duration and may not be renewed.

(7)

Geographic diversity

In awarding grants under this subsection, the Secretary of Labor and the Secretary of Education shall take into consideration the geographic diversity, and diversity with respect to population density, of the areas in which projects will be carried out under this section.

(8)

Reporting

The Secretary of Labor and the Secretary of Education are authorized to establish appropriate reporting requirements for grantees under this subsection.

(9)

Technical assistance and evaluation

For each program year for which funds are available to carry out this section, the Secretary of Labor and the Secretary of Education may reserve not more than 5 percent of the amount available to carry out this subsection to provide technical assistance to applicants and grantees under this subsection, and to evaluate projects carried out under this subsection. The Secretaries shall ensure that the results of the evaluations are publicly available (including by electronic means).

144.

Interagency agreement

(a)

Interagency agreement

The Secretary of Education and the Secretary of Labor shall jointly develop policies for the administration of this subtitle in accordance with such terms as the Secretaries shall set forth in an interagency agreement. Such interagency agreement, at a minimum, shall include a description of the respective roles and responsibilities of the Secretaries in carrying out this subtitle (both jointly and separately), including how—

(1)

the funds available under this subtitle will be obligated and disbursed and compliance with applicable laws (including regulations) will be ensured, as well as how the grantees will be selected and monitored, and a peer review process for selection of grantees that includes program practitioners and national experts will be carried out;

(2)

evaluations and research will be conducted on the effectiveness of grants awarded under this subtitle in addressing the education and employment needs of job seekers and workers, youth, and employers;

(3)

technical assistance will be provided to applicants and grant recipients;

(4)

information will be disseminated (including by electronic means) on best practices and effective strategies and service delivery models for activities carried out under this subtitle; and

(5)

policies and processes critical to the successful achievement of the education, training, and employment goals of this subtitle will be established.

(b)

Transfer authority

The Secretary of Labor and the Secretary of Education shall have the authority to transfer funds between the Department of Labor and the Department of Education to carry out this subtitle in accordance with the agreement described in subsection (a).

(c)

Reports

The Secretary of Labor and the Secretary of Education shall jointly develop and submit a biennial report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives, describing—

(1)

actions the Departments have taken to—

(A)

assess the effectiveness of the projects carried out under this subtitle; and

(B)

facilitate the coordination of the programs carried out through the grants awarded with other education, employment, and training programs;

(2)

barriers that impede effectiveness of projects carried out under this subtitle;

(3)

the best practices and effective strategies and service delivery models that the Departments have identified pursuant to this subtitle and actions the Departments have taken to promptly disseminate information (including by electronic means) on such best practices and effective strategies and service delivery models; and

(4)

the actions the Departments have taken to leverage resources provided under Federal law other than this subtitle and non-Federal resources, to improve the workforce development system nationwide, including in States, regions, and local areas that have not received funds under this subtitle.

II

Workforce investment and related activities

A

Definition

201.

Definition

In this title, the term Secretary, used without further description, means the Secretary of Labor.

B

Workforce investment activities and providers

211.

Purpose

The purpose of this subtitle is to provide workforce investment activities, through statewide and local workforce development systems, that increase the employment, retention, economic self-sufficiency, and earnings of participants, and increase attainment of recognized postsecondary credentials by participants, and as a result, improve the quality of the workforce, reduce welfare dependency, increase economic self-sufficiency, meet the skill requirements of employers, and enhance the productivity and competitiveness of the Nation.

1

Workforce investment activities providers

221.

Establishment of one-stop delivery systems

(a)

In general

Consistent with an approved State plan, the local board for a local area, with the agreement of the chief elected official for the local area, shall—

(1)

develop and enter into the memorandum of understanding described in subsection (c) with one-stop partners;

(2)

designate or certify one-stop operators under subsection (d); and

(3)

conduct oversight with respect to the one-stop delivery system in the local area.

(b)

One-Stop partners

(1)

Required partners

(A)

Roles and responsibilities of one-stop partners

Each entity that carries out a program or activities described in subparagraph (B) in a local area shall—

(i)

provide access through the one-stop delivery system to such program or activities carried out by the entity, including making the core services described in section 234(c)(2) that are applicable to the program or activities available at the one-stop centers (in addition to any other appropriate locations);

(ii)

use a portion of the funds available for the program and activities to maintain the one-stop delivery system, including payment of the infrastructure costs of one-stop centers in accordance with subsection (h);

(iii)

enter into a local memorandum of understanding with the local board, relating to the operation of the one-stop system, that meets the requirements of subsection (c);

(iv)

participate in the operation of the one-stop system consistent with the terms of the memorandum of understanding, the requirements of this title, and the requirements of the Federal laws authorizing the program or activities; and

(v)

provide representation on the State board to the extent provided under section 111.

(B)

Programs and activities

The programs and activities referred to in subparagraph (A) consist of—

(i)

programs authorized under this title;

(ii)

programs authorized under the Wagner-Peyser Act ( 29 U.S.C. 49 et seq.);

(iii)

adult education and literacy activities authorized under title III;

(iv)

programs authorized under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.) (other than section 112 or part C of title I of such Act ( 29 U.S.C. 732 , 741));

(v)

activities authorized under title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.);

(vi)

career and technical education programs at the postsecondary level authorized under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.);

(vii)

activities authorized under chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.);

(viii)

activities authorized under chapter 41 of title 38, United States Code;

(ix)

employment and training activities carried out under the Community Services Block Grant Act ( 42 U.S.C. 9901 et seq.);

(x)

employment and training activities carried out by the Department of Housing and Urban Development;

(xi)

programs authorized under State unemployment compensation laws (in accordance with applicable Federal law);

(xii)

programs authorized under section 212 of the Second Chance Act of 2007 (42 U.S.C. 17532); and

(xiii)

programs authorized under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), subject to subparagraph (C).

(C)

Determination by the Governor

(i)

In general

An entity that carries out a program referred to in subparagraph (B)(xiii) shall be included in the one-stop partners for the local area, as a required partner, for purposes of this Act and the other core program provisions that are not part of this Act, unless the Governor provides the notification described in clause (ii).

(ii)

Notification

The notification referred to in clause (i) is a notification that—

(I)

is made in writing of a determination by the Governor not to include such entity in the one-stop partners described in clause (i); and

(II)

is provided to the Secretary and the Secretary of Health and Human Services.

(2)

Additional partners

(A)

In general

With the approval of the local board and chief elected official, in addition to the entities described in paragraph (1), other entities that carry out workforce development programs described in subparagraph (B) may be one-stop partners for the local area and carry out the responsibilities described in paragraph (1)(A).

(B)

Programs

The programs referred to in subparagraph (A) may include—

(i)

employment and training programs administered by the Social Security Administration, including the Ticket to Work and Self-Sufficiency Program established under section 1148 of the Social Security Act ( 42 U.S.C. 1320b–19);

(ii)

employment and training programs carried out by the Small Business Administration;

(iii)

programs authorized under section 6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4));

(iv)

work programs authorized under section 6(o) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o));

(v)

programs carried out under section 112 of the Rehabilitation Act of 1973 ( 29 U.S.C. 732 );

(vi)

programs authorized under the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.); and

(vii)

other appropriate Federal, State, or local programs, including employment, education, and training programs provided by public libraries or in the private sector.

(c)

Memorandum of understanding

(1)

Development

The local board, with the agreement of the chief elected official, shall develop and enter into a memorandum of understanding (between the local board and the one-stop partners), consistent with paragraph (2), concerning the operation of the one-stop delivery system in the local area.

(2)

Contents

Each memorandum of understanding shall contain—

(A)

provisions describing—

(i)

the services to be provided through the one-stop delivery system consistent with the requirements of this section, including the manner in which the services will be coordinated and delivered through such system;

(ii)

how the costs of such services and the operating costs of such system will be funded, including—

(I)

funding through cash and in-kind contributions (fairly evaluated), which contributions may include funding from philanthropic organizations or other private entities, or through other alternative financing options, to provide a stable and equitable funding stream for ongoing one-stop delivery system operations; and

(II)

funding of the infrastructure costs of one-stop centers in accordance with subsection (h);

(iii)

methods of referral of individuals between the one-stop operator and the one-stop partners for appropriate services and activities;

(iv)

methods to ensure the needs of workers and youth, and individuals with barriers to employment, including individuals with disabilities, are addressed in the provision of necessary and appropriate access to services, including access to technology and materials, made available through the one-stop delivery system; and

(v)

the duration of the memorandum of understanding and the procedures for amending the memorandum during the duration of the memorandum, and assurances that such memorandum shall be reviewed not less than once every 2-year period to ensure appropriate funding and delivery of services; and

(B)

such other provisions, consistent with the requirements of this title, as the parties to the agreement determine to be appropriate.

(d)

One-Stop operators

(1)

Designation and certification

Consistent with paragraphs (2) and (3), the local board, with the agreement of the chief elected official, is authorized to designate or certify one-stop operators and to terminate for cause the eligibility of such operators.

(2)

Eligibility

To be eligible to receive funds made available under this subtitle to operate a one-stop center referred to in subsection (e), an entity (which may be a consortium of entities)—

(A)

shall be designated or certified as a one-stop operator—

(i)

through a competitive process; or

(ii)

in accordance with an agreement reached between the local board and a consortium of entities that, at a minimum, includes 3 or more of the one-stop partners described in subsection (b)(1); and

(B)

shall be an entity (public or private), or consortium of entities, of demonstrated effectiveness, located in the local area, which may include—

(i)

an institution of higher education;

(ii)

an employment service State agency established under the Wagner-Peyser Act (29 U.S.C. 49 et seq.), on behalf of the local office of the agency;

(iii)

a community-based organization, nonprofit organization, or intermediary;

(iv)

a private for-profit entity;

(v)

a government agency; and

(vi)

another interested organization or entity, which may include a local chamber of commerce or other business organization, or a labor organization.

(3)

Exception

Elementary schools and secondary schools shall not be eligible for designation or certification as one-stop operators, except that nontraditional public secondary schools and area career and technical education schools may be eligible for such designation or certification.

(4)

Additional requirements

The State and local boards shall ensure that in carrying out activities under this title, one-stop operators—

(A)

disclose any potential conflicts of interest arising from the relationships of the operators with particular training service providers or other service providers;

(B)

do not establish practices that create disincentives to providing services to individuals with barriers to employment who may require longer-term services, such as intensive employment, training, and education services; and

(C)

comply with Federal regulations, and procurement policies, relating to the calculation and use of profits.

(e)

Establishment of one-Stop delivery system

(1)

In general

There shall be established in each local area in a State that receives an allotment under section 232(b) a one-stop delivery system, which—

(A)

shall provide the core services described in section 234(c)(2);

(B)

shall provide access to intensive services and training services as described in paragraphs (3) and (4) of section 234(c), including serving as the point of access to training services for participants in accordance with section 234(c)(4)(G);

(C)

shall provide access to the employment and training activities carried out under section 234(d), if any;

(D)

shall provide access to programs and activities carried out by one-stop partners described in subsection (b); and

(E)

shall provide access to the data, information, and analysis described in section 15(a) of the Wagner-Peyser Act ( 29 U.S.C. 49l–2(a)) and all job search, placement, recruitment, and other labor exchange services authorized under the Wagner-Peyser Act ( 29 U.S.C. 49 et seq.).

(2)

One-stop delivery

The one-stop delivery system—

(A)

at a minimum, shall make each of the programs, services, and activities described in paragraph (1) accessible at not less than 1 physical center in each local area of the State; and

(B)

may also make programs, services, and activities described in paragraph (1) available—

(i)

through a network of affiliated sites that can provide 1 or more of the programs, services, and activities to individuals; and

(ii)

through a network of eligible one-stop partners—

(I)

in which each partner provides 1 or more of the programs, services, and activities to such individuals and is accessible at an affiliated site that consists of a physical location or an electronically or technologically linked access point; and

(II)

that assures individuals that information on the availability of the core services will be available regardless of where the individuals initially enter the statewide workforce development system, including information made available through an access point described in subclause (I);

(C)

may have specialized centers to address special needs, such as the needs of dislocated workers, youth, or key industry sectors or clusters; and

(D)

as applicable and practicable, shall make programs, services, and activities accessible to individuals through electronic means in a manner that improves efficiency, coordination, and quality in the delivery of one-stop partner services.

(3)

Colocation of wagner-peyser services

Consistent with section 3(d) of the Wagner-Peyser Act ( 29 U.S.C. 49b(d) ), and in order to improve service delivery, avoid duplication of services, and enhance coordination of services, including location of staff to ensure access to services in underserved areas, the employment service offices in each State shall be colocated with one-stop centers established under this title.

(4)

Use of common one-stop delivery system identifier

In addition to using any State or locally developed identifier, each one-stop delivery system shall include in the identification of products, programs, activities, services, facilities, and related property and materials, a common one-stop delivery system identifier. The identifier shall be developed by the Secretary, in consultation with heads of other appropriate departments and agencies, and representatives of State boards and local boards and of other stakeholders in the one-stop delivery system, not later than the beginning of the second full program year after the date of enactment of this Act. Such common identifier may consist of a logo, phrase, or other identifier that informs users of the one-stop delivery system that such products, programs, activities, services, facilities, property, or materials are being provided through such system. Nothing in this paragraph shall be construed to prohibit one-stop partners, States, or local areas from having additional identifiers.

(f)

Application to certain vocational rehabilitation programs

(1)

Limitation

Nothing in this section shall be construed to apply to part C of title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 741 ).

(2)

Client assistance

Nothing in this Act shall be construed to require that any entity carrying out a client assistance program authorized under section 112 of the Rehabilitation Act of 1973 ( 29 U.S.C. 732 )—

(A)

be included as a mandatory one-stop partner under subsection (b)(1); or

(B)

if the entity is included as an additional one-stop partner under subsection (b)(2)—

(i)

violate the requirement of section 112(c)(1)(A) of that Act ( 29 U.S.C. 732(c)(1)(A) ) that the entity be independent of any agency that provides treatment, services, or rehabilitation to individuals under that Act; or

(ii)

carry out any activity not authorized under section 112 of that Act (including appropriate Federal regulations).

(g)

Continuous improvement of one-Stop centers

(1)

In general

The State board, in consultation with chief elected officials and local boards, shall establish objective criteria and procedures for use by local boards in periodically assessing the effectiveness, physical and programmatic accessibility in accordance with section 288 and the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.), and continuous improvement of one-stop centers and the one-stop delivery system, consistent with the requirements of section 111(d)(7).

(2)

Criteria

The criteria and procedures developed under this subsection shall include standards relating to service coordination achieved by the one-stop delivery system with respect to the programs administered by the one-stop partners at the one-stop centers. Such criteria and procedures shall—

(A)

be developed in a manner that is consistent with the guidelines, guidance, and policies provided by the Governor and by the State board, in consultation with the chief elected officials and local boards, for such partners’ participation under subsections (h)(1) and (i); and

(B)

include such factors relating to the effectiveness, accessibility, and improvement of the one-stop delivery system as the State board determines to be appropriate.

(3)

Local criteria

Consistent with the criteria developed under paragraph (1) by the State, a local board in the State may develop additional criteria (or higher levels of service coordination than required for the State-developed criteria) relating to service coordination achieved by the one-stop delivery system, for purposes of assessments described in paragraph (1), in order to respond to labor market, economic, and demographic, conditions and trends in the region.

(4)

Review and update

The criteria and procedures established under this subsection shall be reviewed and updated by the State board or the local board, as the case may be, as part of the biennial process for review and modification of State and local plans described in sections 112(c) and 118(a).

(h)

Funding of one-Stop infrastructure

(1)

In general

(A)

Options for infrastructure funding

(i)

Local options

The local board, chief elected officials, and one-stop partners described in subsection (b)(1) in a local area may fund the costs of infrastructure of one-stop centers in the local area through—

(I)

methods agreed on by the local board, chief elected officials, and one-stop partners (described in the memorandum of understanding described in subsection (c)); or

(II)

the State infrastructure funding mechanism described in paragraph (2).

(ii)

Failure to reach consensus agreement on funding methods

Beginning July 1, 2015, if the local board, chief elected officials, and one-stop partners described in subsection (b)(1) in a local area fail to reach consensus agreement on methods of sufficiently funding the costs of infrastructure of one-stop centers for a program year, the State infrastructure funding mechanism described in paragraph (2) shall be applicable to such local area for that program year and for each subsequent program year for which those entities and individuals fail to reach such agreement.

(B)

Guidance for infrastructure funding

In addition to carrying out the requirements relating to the State infrastructure funding mechanism described in paragraph (2), the Governor, after consultation with chief elected officials, local boards, and the State board, and consistent with the guidance and policies provided by the State board under subparagraphs (B) and (C)(i) of section 111(d)(7), shall provide, for the use of local areas under subparagraph (A)(i)(I)—

(i)

guidelines for State-administered one-stop partner programs, for determining such programs’ contributions to a one-stop delivery system, based on such programs' proportionate use of such system consistent with chapter II of title 2, Code of Federal Regulations (or any corresponding similar regulation or ruling), including determining funding for the costs of infrastructure, which contributions shall be negotiated pursuant to the memorandum of understanding under subsection (c); and

(ii)

guidance to assist local boards, chief elected officials, and one-stop partners in local areas in determining equitable and stable methods of funding the costs of infrastructure of one-stop centers in such areas.

(2)

State one-stop infrastructure funding

(A)

Definition

In this paragraph, the term covered portion, used with respect to funding for a fiscal year for a program described in subsection (b)(1), means a portion determined under subparagraph (C) of the Federal funds provided to a State (including local areas within the State) under the Federal law authorizing that program described in subsection (b)(1) for the fiscal year (taking into account the availability of funding for purposes related to infrastructure from philanthropic organizations, private entities, or other alternative financing options).

(B)

Partner contributions

Subject to subparagraph (D), for local areas in a State that are not covered by paragraph (1)(A)(i)(I), the covered portions of funding for a fiscal year shall be provided to the Governor from the programs described in subsection (b)(1), to assist in paying the costs of infrastructure of one-stop centers in those local areas of the State not adequately funded under the option described in paragraph (1)(A)(i)(I).

(C)

Determination of Governor

(i)

In general

Subject to clause (ii) and subparagraph (D), the Governor, after consultation with chief elected officials, local boards, and the State board, shall determine the portion of funds to be provided under subparagraph (B) by each one-stop partner from each program described in subparagraph (B). In making such determination for the purpose of determining funding contributions, for funding pursuant to clause (i)(II) or (ii) of paragraph (1)(A) by each partner, the Governor shall calculate amounts for the proportionate use of the one-stop centers in the State, consistent with chapter II of title 2, Code of Federal Regulations (or any corresponding similar regulation or ruling), taking into account the costs of administration of the one-stop delivery system for purposes not related to one-stop centers, for each partner. The Governor shall exclude from such determination of funds the amounts for proportionate use of one-stop centers attributable to the programs of one-stop partners for those local areas of the State where the costs of infrastructure of one-stop centers are funded under the option described in paragraph (1)(A)(i)(I).

(ii)

Special rule

In a State in which the State constitution or a State statute places policymaking authority that is independent of the authority of the Governor in an entity or official with respect to the funds provided for adult education and literacy activities authorized under title III, postsecondary career and technical education activities authorized under the Carl D. Perkins Career and Technical Education Act of 1998 (20 U.S.C. 2301 et seq.), or vocational rehabilitation services offered under a provision covered by section 101(12)(D), the determination described in clause (i) with respect to the programs authorized under that title, Act, and provision shall be made by the chief officer of the entity, or the official, with such authority in consultation with the Governor.

(D)

Limitations

(i)

Provision from administrative funds

(I)

In general

Subject to subclause (II), the funds provided under this paragraph by each one-stop partner shall be provided only from funds available for the costs of administration under the program administered by such partner, and shall be subject to the program's limitations with respect to the portion of funds under such program that may be used for administration.

(II)

Exceptions

Nothing in this clause shall be construed to apply to the programs carried out under this title, or under title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.).

(ii)

Cap on required contributions

For local areas in a State that are not covered by paragraph (1)(A)(i)(I), the following rules shall apply:

(I)

WIA formula programs and employment service

The portion of funds required to be contributed under this paragraph from a program authorized under chapter 2 or 3, or the Wagner-Peyser Act ( 29 U.S.C. 49 et seq.) shall not exceed 3 percent of the amount of Federal funds provided to carry out that program in the State for a fiscal year.

(II)

Other one-stop partners

The portion of funds required to be contributed under this paragraph from a program described in subsection (b)(1) other than the programs described in clause (i) shall not exceed 1.5 percent of the amount of Federal funds provided to carry out that program in the State for a fiscal year.

(III)

Vocational rehabilitation

Notwithstanding subclauses (I) and (II), an entity administering a program described in subsection (b)(1)(B)(iv) shall not be required to provide from that program, under this paragraph, a portion that exceeds—

(aa)

0.75 percent of the amount of Federal funds provided to carry out such program in the State for the second full program year that begins after the date of enactment of this Act;

(bb)

1.0 percent of the amount provided to carry out such program in the State for the third full program year that begins after such date;

(cc)

1.25 percent of the amount provided to carry out such program in the State for the fourth full program year that begins after such date; and

(dd)

1.5 percent of the amount provided to carry out such program in the State for the fifth and each succeeding full program year that begins after such date.

(iii)

Federal direct spending programs

For local areas in a State that are not covered by paragraph (1)(A)(i)(I), an entity administering a program funded with direct spending as defined in section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, as in effect on August 2, 2011 (2 U.S.C. 900(c)(8)) shall not be required to provide, for purposes of this paragraph, an amount in excess of the amount determined under subparagraph (C)(i) to be equivalent to the cost of the proportionate use of the one-stop centers for the one-stop partner for such program in the State.

(iv)

Native American programs

One-stop partners for Native American programs established under section 266 shall not be subject to the provisions of this subsection (other than this clause) or subsection (i). For purposes of subsection (c)(2)(A)(ii)(II), the method for determining the appropriate portion of funds to be provided by such partners to pay for the costs of infrastructure of a one-stop center shall be determined as part of the development of the memorandum of understanding under subsection (c) for the one-stop center and shall be stated in the memorandum.

(E)

Appeal by one-stop partners

The Governor shall establish a process, described under section 112(b)(2)(D)(i)(V), for a one-stop partner administering a program described in subsection (b)(1) to appeal a determination regarding the portion of funds to be provided under this paragraph. Such a determination may be appealed under the process on the basis that such determination is inconsistent with the requirements of this paragraph. Such process shall ensure prompt resolution of the appeal in order to ensure the funds are distributed in a timely manner, consistent with the requirements of section 282(e).

(3)

Allocation by Governor

(A)

In general

From the funds provided under paragraph (1), the Governor shall allocate the funds to local areas described in subparagraph (B) in accordance with the formula established under subparagraph (B) for the purposes of assisting in paying the costs of infrastructure of one-stop centers.

(B)

Allocation formula

The State board shall develop a formula to be used by the Governor to allocate the funds provided under paragraph (1) to local areas not funding costs of infrastructure under the option described in paragraph (1)(A)(i)(I). The formula shall be based on factors including the number of one-stop centers in a local area, the population served by such centers, the services provided by such centers, and other factors relating to the performance of such centers that the State board determines are appropriate.

(4)

Costs of infrastructure

In this subsection, the term costs of infrastructure, used with respect to a one-stop center, means the nonpersonnel costs that are necessary for the general operation of the one-stop center, including the rental costs of the facilities, the costs of utilities and maintenance, equipment (including assessment-related products and assistive technology for individuals with disabilities), and technology to facilitate access to the one-stop center, including the center’s planning and outreach activities.

(i)

Other funds

(1)

In general

Subject to the memorandum of understanding described in subsection (c) for the one-stop delivery system involved, in addition to the funds provided to carry out subsection (h), a portion of funds made available under Federal law authorizing the programs described in subsection (b) and administered by one-stop partners, or the noncash resources available under such programs, shall be used to pay the additional costs relating to the operation of the one-stop delivery system that are not paid from the funds provided under subsection (h), as determined in accordance with paragraph (3), to the extent not inconsistent with the Federal law involved. Such costs shall include the costs of the provision of core services described in section 234(c)(2) applicable to each program and may include common costs that are not paid from the funds provided under subsection (h).

(2)

Shared services

The costs described under paragraph (1) may include costs of services that are authorized for and may be commonly provided through the one-stop partner programs to any individual, such as initial intake, assessment of needs, appraisal of basic skills, identification of appropriate services to meet such needs, referrals to other one-stop partners, and other similar services.

(3)

Determination and guidance

The method for determining the appropriate portion of funds and noncash resources to be provided by the one-stop partner for each program under paragraph (1) for a one-stop center shall be determined as part of the development of the memorandum of understanding under subsection (c) for the one-stop center and shall be stated in the memorandum. The State board shall provide guidance to facilitate the determination, for purposes of the memorandum of understanding, of an appropriate allocation of the funds and noncash resources in local areas, consistent with the requirements of section 111(d)(7)(C)(i).

222.

Identification of eligible providers of training services

(a)

Eligibility

(1)

In general

Except as provided in subsection (h), the Governor, after consultation with the State board, shall establish criteria, information requirements, and procedures regarding the eligibility of providers of training services to receive funds provided under section 233(b) for the provision of training services in local areas in the State.

(2)

Providers

Subject to the provisions of this section, to be eligible to receive those funds for the provision of training services, the provider shall be—

(A)

an institution of higher education that provides a program that leads to a recognized postsecondary credential;

(B)

an entity that carries out programs registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); or

(C)

another public or private provider of a program of training services, which may include joint labor-management organizations, and eligible providers of adult education and literacy activities under title III if such activities are provided in combination with occupational skills training.

(3)

Inclusion in list of eligible providers

A provider described in subparagraph (A) or (C) of paragraph (2) shall comply with the criteria, information requirements, and procedures established under this section to be included on the list of eligible providers of training services described in subsection (d). A provider described in paragraph (2)(B) shall be included and maintained on the list of eligible providers of training services described in subsection (d) for so long as the corresponding program of the provider remains registered as described in paragraph (2)(B).

(b)

Criteria and information requirements

(1)

State criteria

In establishing criteria pursuant to subsection (a), the Governor shall take into account each of the following:

(A)

The performance of providers of training services with respect to—

(i)

the performance accountability measures and other matters for which information is required under paragraph (2); and

(ii)

other appropriate measures of performance outcomes determined by the Governor for those participants receiving training services under this subtitle (taking into consideration the characteristics of the population served and relevant economic conditions), and the outcomes of the program through which those training services were provided for students in general with respect to employment and earnings as defined under section 131(b)(2).

(B)

The need to ensure access to training services throughout the State, including through the use of technology.

(C)

Information reported to State agencies with respect to Federal and State programs involving training services (other than the program carried out under this subtitle), including one-stop partner programs.

(D)

The requirements for State licensing of providers of training services, and the licensing status of providers of training services if applicable.

(E)

Ways in which the criteria can encourage, to the extent practicable, the providers to use industry-recognized certificates or certifications.

(F)

The ability of the providers to offer programs that lead to recognized postsecondary credentials.

(G)

The quality of a program of training services, including a program of training services that leads to a recognized postsecondary credential.

(H)

The ability of the providers to provide training services to individuals who are employed and individuals with barriers to employment.

(I)

Such other factors as the Governor determines are appropriate to ensure—

(i)

the accountability of the providers;

(ii)

that the one-stop centers in the State will ensure that such providers meet the needs of local employers and participants;

(iii)

the informed choice of participants among training services providers; and

(iv)

that the collection of information required to demonstrate compliance with the criteria is not unduly burdensome or costly to providers.

(2)

State information requirements

The information requirements established by the Governor shall require that a provider of training services submit appropriate, accurate, and timely information to the State, to enable the State to carry out subsection (d), with respect to participants receiving training services under this subtitle in the applicable program, including—

(A)

information on the performance of the provider with respect to the performance accountability measures described in section 131 for such participants (taking into consideration the characteristics of the population served and relevant economic conditions), and information specifying the percentage of such participants who entered unsubsidized employment in an occupation related to the program, to the extent practicable;

(B)

information on recognized postsecondary credentials received by such participants;

(C)

information on program costs (such as costs of tuition and fees) for participants in the program;

(D)

information on the program completion rate for such participants; and

(E)

information on the criteria described in paragraph (1).

(3)

Local criteria and information requirements

A local board in the State may establish criteria and information requirements in addition to the criteria and information requirements established by the Governor, or may require higher levels of performance than required for the criteria established by the Governor, for purposes of determining the eligibility of providers of training services to receive funds described in subsection (a) for the provision of training services in the local area involved.

(4)

Criteria and information requirements to establish initial eligibility

(A)

Purpose

The purpose of this paragraph is to enable the providers of programs carried out under chapter 3 to offer the highest quality training services and be responsive to in-demand and emerging industries by providing training services for those industries.

(B)

Initial eligibility

Providers may seek initial eligibility under this paragraph as providers of training services. The criteria and information requirements established by the Governor under this paragraph shall require that a provider who has not previously been an eligible provider of training services under this section (or section 122 of the Workforce Investment Act of 1998, as in effect on the day before the date of enactment of this Act) provide the information described in subparagraph (C).

(C)

Information

The provider shall provide verifiable program-specific performance information based on criteria established by the State as described in subparagraph (D) that supports the provider’s ability to serve participants under this subtitle.

(D)

Criteria

The criteria described in subparagraph (C) shall include at least—

(i)

a factor related to indicators described in section 131;

(ii)

a factor concerning whether the provider is in a partnership with business;

(iii)

other factors that indicate high-quality training services; and

(iv)

a factor concerning alignment of the training services with industries projected to have potential for employment opportunities, to the extent practicable.

(E)

Provision

The provider shall provide the information described in subparagraph (C) to the Governor and the local board in a manner that will permit the Governor and the local board to make a decision on inclusion of the provider on the list of eligible providers described in subsection (d).

(c)

Procedures

(1)

Application procedures

The procedures established under subsection (a) shall identify the application process for a provider of training services to become eligible to receive funds provided under section 233(b) for the provision of training services. The procedures shall identify the respective roles of the State and local areas in receiving and reviewing the applications and in making determinations of such eligibility based on the criteria, information, and procedures established under this section. The procedures shall also establish a process for a provider of training services to appeal a denial or termination of eligibility under this section that includes an opportunity for a hearing and prescribes appropriate time limits to ensure prompt resolution of the appeal.

(2)

Renewal procedures

The procedures established by the Governor shall also provide for biennial review and renewal of eligibility under this section for providers of training services.

(d)

List and information To assist participants in choosing providers

(1)

In general

In order to facilitate and assist participants in choosing employment and training activities and in choosing providers of training services, the Governor shall ensure that an appropriate list of providers determined to be eligible under this section to offer a program in the State (and, as appropriate, in a local area), accompanied by information identifying the recognized postsecondary credential offered by the provider and other appropriate information, is provided to the one-stop delivery system in the State.

(2)

Accompanying information

The accompanying information shall—

(A)

with respect to providers described in subparagraphs (A) and (C) of subsection (a)(2), consist of information provided by such providers, disaggregated by local areas served, as applicable, in accordance with subsection (b);

(B)

with respect to providers described in subsection (b)(4), consist of information provided by such providers in accordance with subsection (b)(4); and

(C)

such other information as the Governor determines to be appropriate.

(3)

Availability

The list and the accompanying information shall be made available to such participants and to members of the public through the one-stop delivery system in the State, in a manner that does not reveal personally identifiable information about an individual participant.

(e)

Opportunity To submit comments

In establishing, under this section, criteria, information requirements, procedures, and the list of eligible providers described in subsection (d), the Governor shall provide an opportunity for interested members of the public to make recommendations and submit comments regarding such criteria, information requirements, procedures, and list.

(f)

Enforcement

(1)

In general

The procedures established under this section shall provide the following:

(A)

Intentionally supplying inaccurate information

Upon a determination, by an individual or entity specified in the procedures, that a provider of training services, or individual providing information on behalf of the provider, violated this section (or section 122 of the Workforce Investment Act of 1998, as in effect on the day before the date of enactment of this Act) by intentionally supplying inaccurate information under this section, the eligibility of such provider to receive funds under chapter 3 shall be terminated for a period of time that is not less than 2 years.

(B)

Substantial violations

Upon a determination, by an individual or entity specified in the procedures, that a provider of training services substantially violated any requirement under this title (or title I of the Workforce Investment Act of 1998, as in effect on the day before such date of enactment), the eligibility of such provider to receive funds under chapter 3 for the program involved may be terminated, or other appropriate action may be taken.

(C)

Repayment

A provider of training services whose eligibility is terminated under subparagraph (A) or (B) shall be liable for the repayment of funds received under chapter 5 of subtitle B of title I of the Workforce Investment Act of 1998, as in effect on the day before such date of enactment, or chapter 3 of this subtitle during a period of violation described in such subparagraph.

(2)

Construction

Paragraph (1) shall be construed to provide remedies and penalties that supplement, but shall not supplant, civil and criminal remedies and penalties specified in other provisions of law.

(g)

Agreements with other States

States may enter into agreements, on a reciprocal basis, to permit eligible providers of training services to accept individual training accounts provided in another State.

(h)

On-the-Job training, customized training, incumbent worker training, and other training exceptions

(1)

In general

Providers of on-the-job training, customized training, incumbent worker training, internships, and paid or unpaid work experience opportunities, or transitional employment shall not be subject to the requirements of subsections (a) through (g).

(2)

Collection and dissemination of information

A one-stop operator in a local area shall collect such performance information from providers of on-the-job training, customized training, incumbent worker training, internships, paid or unpaid work experience opportunities, and transitional employment as the Governor may require, and use the information to determine whether the providers meet such performance criteria as the Governor may require. The one-stop operator shall disseminate information identifying such providers that meet the criteria as eligible providers, and the performance information, through the one-stop delivery system. Providers determined to meet the criteria shall be considered to be identified as eligible providers of training services.

(i)

Transition period for implementation

The Governor and local boards shall implement the requirements of this section not later than 12 months after the date of enactment of this Act. In order to facilitate early implementation of this section, the Governor may establish transition procedures under which providers eligible to provide training services under chapter 5 of subtitle B of title I of the Workforce Investment Act of 1998, as such chapter was in effect on the day before the date of enactment of this Act, may continue to be eligible to provide such services until December 31, 2015, or until such earlier date as the Governor determines to be appropriate.

223.

Eligible providers of youth workforce investment activities

(a)

In general

From the funds allocated under section 228(b) to a local area, the local board for such area shall award grants or contracts on a competitive basis to providers of youth workforce investment activities identified based on the criteria in the State plan, as described in section 112(b)(2)(D)(i)(VI) and shall conduct oversight with respect to such providers.

(b)

Exceptions

A local board may award grants or contracts on a sole-source basis if such board determines there is an insufficient number of eligible providers of youth workforce investment activities in the local area involved (such as a rural area) for grants and contracts to be awarded on a competitive basis under subsection (a).

2

Youth workforce investment activities

226.

General authorization

The Secretary shall make an allotment under section 227(b)(1)(C) to each State that meets the requirements of section 112 or 113 and a grant under section 227(b)(1)(B) to each outlying area that complies with the requirements of this title, to assist the State or outlying area, and to enable the State or outlying area to assist local areas, for the purpose of providing workforce investment activities for eligible youth in the State or outlying area and in the local areas.

227.

State allotments

(a)

In general

The Secretary shall—

(1)

for each fiscal year for which the amount appropriated under section 236(a) exceeds $1,000,000,000, reserve a portion (but not more than $10,000,000) of the amount appropriated under section 236(a) to provide youth workforce investment activities under section 267 (relating to migrant and seasonal farmworkers); and

(2)

use the remainder of the amount appropriated under section 236(a) for a fiscal year to make allotments and grants in accordance with subsection (b).

(b)

Allotment among States

(1)

Youth workforce investment activities

(A)

Native americans

From the amount appropriated under section 236(a) for a fiscal year that is not reserved under subsection (a)(1), the Secretary shall reserve not more than 11/2 percent of such amount to provide youth workforce investment activities under section 266 (relating to Native Americans).

(B)

Outlying areas

(i)

In general

From the amount appropriated under section 236(a) for each fiscal year that is not reserved under subsection (a)(1) and subparagraph (A), the Secretary shall reserve not more than 1/4 of 1 percent of such amount to provide assistance to the outlying areas to carry out youth workforce investment activities and statewide workforce investment activities.

(ii)

Limitation for outlying areas

(I)

Competitive grants

The Secretary shall use funds reserved under clause (i) to award grants to outlying areas to carry out youth workforce investment activities and statewide workforce investment activities.

(II)

Award basis

The Secretary shall award grants pursuant to subclause (I) on a competitive basis and pursuant to the recommendations of experts in the field of employment and training, working through the Pacific Region Educational Laboratory in Honolulu, Hawaii.

(III)

Administrative costs

The Secretary may provide not more than 5 percent of the funds made available for grants under subclause (I) to pay the administrative costs of the Pacific Region Educational Laboratory in Honolulu, Hawaii, regarding activities assisted under this clause.

(iii)

Additional requirement

The provisions of section 501 of Public Law 95–134 ( 48 U.S.C. 1469a ), permitting the consolidation of grants by the outlying areas, shall not apply to assistance provided to those areas, including Palau, under this subparagraph.

(C)

States

(i)

In general

From the remainder of the amount appropriated under section 236(a) for a fiscal year that exists after the Secretary determines the amounts to be reserved under subsection (a)(1) and subparagraphs (A) and (B), the Secretary shall make allotments to the States in accordance with clause (ii).

(ii)

Formula

Subject to clauses (iii) and (iv), of the amount described in clause (i), the Secretary shall allot—

(I)

331/3 percent on the basis of the relative number of individuals in the civilian labor force who are ages 16 through 21 in each State, compared to the total number of individuals in the civilian labor force who are ages 16 through 21 in all States;

(II)

331/3 percent on the basis of the relative number of unemployed individuals in each State, compared to the total number of unemployed individuals in all States; and

(III)

331/3 percent on the basis of the relative number of disadvantaged youth who are ages 16 through 21 in each State, compared to the total number of disadvantaged youth who are ages 16 through 21 in all States.

(iii)

Minimum and maximum percentages

(I)

Minimum percentage

The Secretary shall ensure that no State shall receive an allotment percentage under this subparagraph for a fiscal year that is less than 90 percent of the allotment percentage of the State for the preceding fiscal year.

(II)

Maximum percentage

Subject to subclause (I), the Secretary shall ensure that no State shall receive an allotment percentage under this subparagraph for a fiscal year that is more than 130 percent of the allotment percentage of the State for the preceding fiscal year.

(iv)

Small State minimum allotment

Subject to clause (iii), the Secretary shall ensure that no State shall receive an allotment under this subparagraph that is less than the total of—

(I)

3/10 of 1 percent of $1,000,000,000, from the remainder described in clause (i) for the fiscal year; and

(II)

if the remainder described in clause (i) for the fiscal year exceeds $1,000,000,000, 2/5 of 1 percent of the excess.

(2)

Definitions

In paragraph (1):

(A)

Allotment percentage

The term allotment percentage, used with respect to fiscal year 2014 or a subsequent fiscal year, means a percentage of the remainder described in paragraph (1)(C)(i) that is received by the State involved through an allotment made under this subsection for the fiscal year. The term, used with respect to fiscal year 2013, means the percentage of the amount allotted to States under chapter 4 of subtitle B of title I of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act) that is received by the State involved for fiscal year 2013.

(B)

Disadvantaged youth

Subject to paragraph (3), the term disadvantaged youth means an individual who—

(i)

is age 16 through 21; and

(ii)

received an income, or is a member of a family that received a total family income, that, in relation to family size, does not exceed 150 percent of the poverty line.

(3)

Special rule

For purposes of the formula specified in paragraph (1)(C)(ii), the Secretary shall, as appropriate and to the extent practicable, exclude college students and members of the Armed Forces from the determination of the number of disadvantaged youth.

(c)

Reallotment

(1)

In general

The Secretary shall, in accordance with this subsection, reallot to eligible States amounts that are made available to States from allotments made under this section or a corresponding provision of the Workforce Investment Act of 1998 for youth workforce investment activities and statewide workforce investment activities (referred to individually in this subsection as a State allotment) and that are available for reallotment.

(2)

Amount

The amount available for reallotment for a program year is equal to the amount by which the unobligated balance from State allotments to the State at the end of the program year prior to the program year for which the determination is made, exceeds 10 percent of the total amount of funds available to the State for that prior program year, consisting of the State allotment to the State for such prior program year (and amounts from State allotments to the State, for all program years before that prior program year, that remained available).

(3)

Reallotment

In making reallotments to eligible States of amounts available pursuant to paragraph (2) for a program year, the Secretary shall allot to each eligible State an amount based on the relative amount of the State allotment for the program year for which the determination is made, as compared to the total amount of the State allotments for all eligible States for such program year.

(4)

Eligibility

For purposes of this subsection, an eligible State means a State that does not have an amount available for reallotment under paragraph (2) for the program year for which the determination under paragraph (2) is made.

(5)

Procedures

The Governor shall prescribe uniform procedures for the obligation of funds by local areas within the State in order to avoid the requirement that funds be made available for reallotment under this subsection. The Governor shall further prescribe equitable procedures for making funds available from the State and local areas in the event that a State is required to make funds available for reallotment under this subsection.

228.

Within State allocations

(a)

Reservations for statewide activities

(1)

In general

The Governor shall reserve not more than 15 percent of each of the amounts allotted to the State under section 227(b)(1)(C) and paragraphs (1)(B) and (2)(B) of section 232(b) for a fiscal year for statewide workforce investment activities.

(2)

Use of funds

Regardless of whether the reserved amounts were allotted under section 227(b)(1)(C), or under paragraph (1)(B) or (2)(B) of section 232(b), the Governor may use the reserved amounts to carry out statewide activities under section 229(b) or statewide employment and training activities, for adults or dislocated workers, under section 234(a).

(b)

Within State allocations

(1)

In general

Of the amount allotted to the State under section 227(b)(1)(C) and not reserved under subsection (a)(1)—

(A)

a portion equal to not less than 80 percent of such amount shall be allocated by the Governor to local areas in accordance with paragraph (2); and

(B)

a portion equal to not more than 20 percent of such amount may be allocated by the Governor to local areas in accordance with paragraph (3).

(2)

Established formula

(A)

In general

Subject to subparagraph (B), of the portion described in paragraph (1)(A), the Governor shall allocate—

(i)

331/3 percent on the basis of the relative number of individuals in the civilian labor force who are ages 16 through 21 in each local area, compared to the total number of individuals in the civilian labor force who are ages 16 through 21 in all local areas in the State;

(ii)

331/3 percent on the basis of the relative number of unemployed individuals in each local area, compared to the total number of unemployed individuals in all local areas in the State; and

(iii)

331/3 percent on the basis of the relative number of disadvantaged youth who are ages 16 through 21 in each local area, compared to the total number of disadvantaged youth who are ages 16 through 21 in all local areas in the State.

(B)

Minimum and maximum percentages

(i)

Minimum percentage

The Governor shall ensure that no local area shall receive an allocation percentage under this paragraph for a fiscal year that is less than 90 percent of the allocation percentage of the local area for the preceding fiscal year.

(ii)

Maximum percentage

Subject to clause (i), the Governor shall ensure that no local area shall receive an allocation percentage under this paragraph for a fiscal year that is more than 130 percent of the allocation percentage of the local area for the preceding fiscal year.

(C)

Definitions

In this paragraph:

(i)

Allocation percentage

The term allocation percentage, used with respect to fiscal year 2014 or a subsequent fiscal year, means a percentage of the portion described in paragraph (1)(A) that is received by the local area involved through an allocation made under this paragraph for the fiscal year. The term, used with respect to fiscal year 2013, means the percentage of the amount allocated to local areas under chapter 4 of subtitle B of title I of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act) that is received by the local area involved for fiscal year 2013.

(ii)

Disadvantaged youth

Subject to subparagraph (D), the term disadvantaged youth means an individual who—

(I)

is age 16 through 21; and

(II)

received an income, or is a member of a family that received a total family income, that, in relation to family size, does not exceed 150 percent of the poverty line.

(D)

Special rule

For purposes of the formula specified in subparagraph (A), the Governor shall, as appropriate and to the extent practicable, exclude college students and members of the Armed Forces from the determination of the number of disadvantaged youth.

(3)

Youth discretionary allocation

The Governor may allocate the portion described in paragraph (1)(B) to local areas where there are a significant number of eligible youth, after consultation with the State board and local boards.

(4)

Local administrative cost limit

(A)

In general

Of the amount allocated to a local area under this subsection and section 233(b) for a fiscal year, not more than 10 percent of the amount may be used by the local board involved for the administrative costs of carrying out local workforce investment activities under this chapter or chapter 3.

(B)

Use of funds

Funds made available for administrative costs under subparagraph (A) may be used for the administrative costs of any of the local workforce investment activities described in this chapter or chapter 3, regardless of whether the funds were allocated under this subsection or section 233(b).

(c)

Reallocation among local areas

(1)

In general

The Governor may, in accordance with this subsection and after consultation with the State Board, reallocate to eligible local areas within the State amounts that are made available to local areas from allocations made under this section or a corresponding provision of the Workforce Investment Act of 1998 for youth workforce investment activities (referred to individually in this subsection as a local allocation) and that are available for reallocation.

(2)

Amount

(A)

In general

The amount available for reallocation for a program year is equal to the amount by which the balance that is unobligated and unencumbered for training services at the end of the program year prior to the program year for which the determination is made, exceeds 10 percent of the total amount of funds available to the local area for that prior program year, consisting of the local allocation to the local area for such prior program year (and amounts from local allocations to the local area, for all program years before that prior program year, that remained available).

(B)

Balance of funds

For purposes of this paragraph, the balance that is unobligated and unencumbered for training services is the amount that is the difference between—

(i)

the total amount of funds available to the local area under this section for that prior program year, consisting of the local allocation to the local area for such prior program year (and amounts from local allocations to the local area, for all program years before that prior program year, that remained available); and

(ii)

the amount, from that total amount of available funds, that is obligated or encumbered (in accordance with generally accepted accounting principles) for training services during such prior program year, except that for purposes of this paragraph the amount included as encumbered for training services shall not exceed 10 percent of the total amount of available funds described in clause (i).

(3)

Reallocation

In making reallocations to eligible local areas of amounts available pursuant to paragraph (2) for a program year, the Governor shall allocate to each eligible local area within the State an amount based on the relative amount of the local allocation for the program year for which the determination is made, as compared to the total amount of the local allocations for all eligible local areas for such program year.

(4)

Eligibility

For purposes of this subsection, an eligible local area means a local area that does not have an amount available for reallocation under paragraph (2) for the program year for which the determination under paragraph (2) is made.

(5)

Guidance and technical assistance

Not later than 90 days after the date of enactment of this Act, the Secretary shall issue guidance for implementing this subsection, and guidance for implementing section 233(c), including for calculating the amount of funds that are unobligated and the amount of funds that are unencumbered for training services. The Secretary shall also provide technical assistance to local areas regarding the implementation of this subsection.

229.

Use of funds for youth workforce investment activities

(a)

Youth participant eligibility

(1)

Eligibility

(A)

In general

To be eligible to participate in activities carried out under this chapter during any program year an individual shall, at the time the eligibility determination is made, be an out-of-school youth or an in-school youth.

(B)

Out-of-school youth

In this title, the term out-of-school youth means an individual who is—

(i)

not attending any school (as defined under State law);

(ii)

not younger than age 16 or older than age 24; and

(iii)

one or more of the following:

(I)

A school dropout.

(II)

A youth who is within the age of compulsory school attendance, but has not attended school for at least the most recent complete school year calendar quarter.

(III)

A recipient of a secondary school diploma or its recognized equivalent who is a low-income individual and is—

(aa)

basic skills deficient; or

(bb)

an English language learner.

(IV)

An individual who is subject to the juvenile or adult justice system.

(V)

A homeless individual (as defined in section 41403(6) of the Violence Against Women Act of 1994 ( 42 U.S.C. 14043e–2(6)), except that clauses (i)(IV) and (iii) of subparagraph (B) of such section shall not apply), a homeless child or youth (as defined in section 725(2) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a(2) ), except that subparagraph (B)(iv) of such section shall not apply), a runaway, in foster care or has aged out of the foster care system, a child eligible for assistance under section 477 of the Social Security Act ( 42 U.S.C. 677 ), or in an out-of-home placement.

(VI)

An individual who is pregnant or parenting.

(VII)

A youth who is an individual with a disability.

(VIII)

A low-income individual who requires additional assistance to enter or complete an educational program or to secure or hold employment.

(C)

In-school youth

In this section, the term in-school youth means an individual who is—

(i)

attending school (as defined by State law);

(ii)

not younger than age 14 or (unless an individual with a disability who is attending school under State law) older than age 21;

(iii)

a low-income individual; and

(iv)

one or more of the following:

(I)

Basic skills deficient.

(II)

An English language learner.

(III)

An offender.

(IV)

A homeless individual (as defined in section 41403(6) of the Violence Against Women Act of 1994 ( 42 U.S.C. 14043e–2(6)), except that clauses (i)(IV) and (iii) of subparagraph (B) of such section shall not apply), a homeless child or youth (as defined in section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)), except that subparagraph (B)(iv) of such section shall not apply), a runaway, in foster care or has aged out of the foster care system, a child eligible for assistance under section 477 of the Social Security Act (42 U.S.C. 677), or in an out-of-home placement.

(V)

Pregnant or parenting.

(VI)

A youth who is an individual with a disability.

(VII)

An individual who requires additional assistance to complete an educational program or to secure or hold employment.

(2)

Special rule

For the purpose of this subsection, the term low-income, used with respect to an individual, also includes a youth living in a high-poverty area.

(3)

Exception and limitation

(A)

Exception for persons who are not low-income individuals

(i)

Definition

In this subparagraph, the term covered individual means an in-school youth, or an out-of-school youth who is described in subclause (III) or (VIII) of paragraph (1)(B)(iii).

(ii)

Exception

In each local area, not more than 5 percent of the individuals assisted under this section may be persons who would be covered individuals, except that the persons are not low-income individuals.

(B)

Limitation

In each local area, not more than 5 percent of the in-school youth assisted under this section may be eligible under paragraph (1) because the youth are in-school youth described in paragraph (1)(C)(iv)(VII).

(4)

Out-of-school priority

(A)

In general

For any program year, not less than 75 percent of the funds available for statewide activities under subsection (b), and not less than 75 percent of funds available to local areas under subsection (c), shall be used to provide youth workforce investment activities for out-of-school youth.

(B)

Exception

A State that receives a minimum allotment under section 227(b)(1) in accordance with section 227(b)(1)(C)(iv) or under section 232(b)(1) in accordance with section 232(b)(1)(B)(v) may decrease the percentage described in subparagraph (A) for a local area in the State, if—

(i)

after an analysis of the in-school youth and out-of-school youth populations in the local area, the State determines that the local area will be unable to use at least 75 percent of the funds available for activities under subsection (c) to serve out-of-school youth due to a low number of out-of-school youth; and

(ii)
(I)

the State submits to the Secretary, for the local area, a request including a proposed decreased percentage for purposes of subparagraph (A), and a summary of the analysis described in clause (i); and

(II)

the request is approved by the Secretary.

(5)

Consistency with compulsory school attendance laws

In providing assistance under this section to an individual who is required to attend school under applicable State compulsory school attendance laws, the priority in providing such assistance shall be for the individual to attend school regularly.

(b)

Statewide activities

(1)

In general

Funds reserved by a Governor as described in sections 228(a) and 233(a)(1) shall be used, regardless of whether the funds were allotted to the State under section 227(b)(1)(C) or under paragraph (1)(B) or (2)(B) of section 232(b) for statewide activities, which may include—

(A)

conducting—

(i)

evaluations under section 131(e) of activities authorized under this chapter and chapter 3 in coordination with evaluations carried out by the Secretary under section 270(a);

(ii)

research related to meeting the education and employment needs of youth; and

(iii)

demonstration projects related to meeting the education and employment needs of youth;

(B)

providing assistance to local areas as described in clauses (i) and (ii) of section 116(c)(1)(B), for local coordination of activities carried out under this title;

(C)

in order to build capacity, providing technical assistance to, as appropriate, local boards, chief elected officials, one-stop operators, one-stop partners, and eligible providers, in local areas, which provision of technical assistance shall include the development and training of staff, the development of exemplary program activities, the provision of technical assistance to local areas that fail to meet local performance accountability measures described in section 131(c), and the provision of technology to facilitate remote access to services provided through the one-stop delivery system in the State;

(D)

operating a fiscal and management accountability information system under section 131(i);

(E)

carrying out monitoring and oversight of activities carried out under this chapter and chapter 3, which may include a review comparing the services provided to male and female youth;

(F)

providing additional assistance to local areas that have high concentrations of eligible youth;

(G)

supporting the development of alternative programs and other activities that enhance the choices available to eligible youth and encourage such youth to reenter and complete secondary education, enroll in postsecondary education and advanced training, progress through a career pathway, and enter employment that leads to economic self-sufficiency;

(H)

supporting the provision of core services described in section 234(c)(2) in the one-stop delivery system in the State; and

(I)

supporting financial literacy, including—

(i)

supporting the ability of participants to create household budgets, initiate savings plans, and make informed financial decisions about education, retirement, home ownership, wealth building, or other savings goals;

(ii)

supporting the ability to manage spending, credit, and debt, including credit card debt, effectively;

(iii)

increasing awareness of the availability and significance of credit reports and credit scores in obtaining credit, including determining their accuracy (and how to correct inaccuracies in the reports and scores), and their effect on credit terms;

(iv)

supporting the ability to understand, evaluate, and compare financial products, services, and opportunities; and

(v)

supporting activities that address the particular financial literacy needs of non-English speakers, including providing the support through the development and distribution of multilingual financial literacy and education materials.

(2)

Limitation

Not more than 5 percent of the funds allotted to a State under section 227(b)(1)(C) shall be used by the State for administrative activities carried out under this subsection or section 234(a).

(c)

Local elements and requirements

(1)

Program design

Funds allocated to a local area for eligible youth under section 228(b) shall be used to carry out, for eligible youth, programs that—

(A)

provide an objective assessment of the academic levels, skill levels, and service needs of each participant, which assessment shall include a review of basic skills, occupational skills, prior work experience, employability, interests, aptitudes (including interests and aptitudes for nontraditional jobs), supportive service needs, and developmental needs of such participant, for the purpose of identifying appropriate services and career pathways for participants, except that a new assessment of a participant is not required if the provider carrying out such a program determines it is appropriate to use a recent assessment of the participant conducted pursuant to another education or training program;

(B)

develop service strategies for each participant that are directly linked to 1 or more of the indicators of performance described in section 131(b)(2)(A)(ii), and that shall identify career pathways that include education and employment goals (including, in appropriate circumstances, nontraditional employment), appropriate achievement objectives, and appropriate services for the participant taking into account the assessment conducted pursuant to subparagraph (A), except that a new service strategy for a participant is not required if the provider carrying out such a program determines it is appropriate to use a recent service strategy developed for the participant under another education or training program; and

(C)

provide—

(i)

activities leading to the attainment of a secondary school diploma or its recognized equivalent, or a recognized postsecondary credential;

(ii)

preparation for postsecondary educational and training opportunities;

(iii)

strong linkages between academic instruction (based on State academic content and student academic achievement standards established under section 1111 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 )) and occupational education that lead to the attainment of recognized postsecondary credentials;

(iv)

preparation for unsubsidized employment opportunities, in appropriate cases; and

(v)

effective connections to employers, including small employers, in in-demand industry sectors and occupations of the local and regional labor markets.

(2)

Program elements

In order to support the attainment of a secondary school diploma or its recognized equivalent, entry into postsecondary education, and career readiness for participants, the programs described in paragraph (1) shall provide elements consisting of—

(A)

tutoring, study skills training, instruction, and dropout prevention strategies that lead to completion of the requirements for a secondary school diploma or its recognized equivalent (including a recognized certificate of attendance or similar document for individuals with disabilities) or for a recognized postsecondary credential;

(B)

alternative secondary school services, as appropriate;

(C)

paid and unpaid work experiences that have as a component academic and occupational education, which may include—

(i)

summer employment opportunities and other employment opportunities available throughout the school year;

(ii)

pre-apprenticeship programs;

(iii)

internships and job shadowing; and

(iv)

on-the-job training opportunities;

(D)

occupational skill training;

(E)

education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster;

(F)

leadership development opportunities, which may include community service and peer-centered activities encouraging responsibility and other positive social and civic behaviors, as appropriate;

(G)

supportive services;

(H)

adult mentoring for the period of participation and a subsequent period, for a total of not less than 12 months;

(I)

followup services for not less than 12 months after the completion of participation, as appropriate;

(J)

comprehensive guidance and counseling, which may include drug and alcohol abuse counseling and referral, as appropriate;

(K)

financial literacy education;

(L)

entrepreneurial skills training;

(M)

services that provide labor market and employment information about in-demand industry sectors or occupations available in the local area, such as career awareness, career counseling, and career exploration services; and

(N)

activities that help youth prepare for and transition to postsecondary education and training.

(3)

Additional requirements

(A)

Information and referrals

Each local board shall ensure that each participant shall be provided—

(i)

information on the full array of applicable or appropriate services that are available through the local board or other eligible providers or one-stop partners, including those providers or partners receiving funds under this subtitle; and

(ii)

referral to appropriate training and educational programs that have the capacity to serve the participant either on a sequential or concurrent basis.

(B)

Applicants not meeting enrollment requirements

Each eligible provider of a program of youth workforce investment activities shall ensure that an eligible applicant who does not meet the enrollment requirements of the particular program or who cannot be served shall be referred for further assessment, as necessary, and referred to appropriate programs in accordance with subparagraph (A) to meet the basic skills and training needs of the applicant.

(C)

Involvement in design and implementation

The local board shall ensure that parents, participants, and other members of the community with experience relating to programs for youth are involved in the design and implementation of the programs described in paragraph (1).

(4)

Priority

Not less than 20 percent of the funds allocated to the local area as described in paragraph (1) shall be used to provide in-school youth and out-of-school youth with activities under paragraph (2)(C).

(5)

Rule of construction

Nothing in this chapter shall be construed to require that each of the elements described in subparagraphs of paragraph (2) be offered by each provider of youth services.

(6)

Prohibitions

(A)

Prohibition against Federal control of education

No provision of this Act shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system, or over the selection of library resources, textbooks, or other printed or published instructional materials by any educational institution, school, or school system.

(B)

Noninterference and nonreplacement of regular academic requirements

No funds described in paragraph (1) shall be used to provide an activity for eligible youth who are not school dropouts if participation in the activity would interfere with or replace the regular academic requirements of the youth.

(7)

Linkages

In coordinating the programs authorized under this section, local boards shall establish linkages with local educational agencies responsible for services to participants as appropriate.

(8)

Volunteers

The local board shall make opportunities available for individuals who have successfully participated in programs carried out under this section to volunteer assistance to participants in the form of mentoring, tutoring, and other activities.

3

Adult and dislocated worker employment and training activities

231.

General authorization

The Secretary shall make allotments under paragraphs (1)(B) and (2)(B) of section 232(b) to each State that meets the requirements of section 112 or 113 and grants under paragraphs (1)(A) and (2)(A) of section 232(b) to each outlying area that complies with the requirements of this title, to assist the State or outlying area, and to enable the State or outlying area to assist local areas, for the purpose of providing workforce investment activities for adults, and dislocated workers, in the State or outlying area and in the local areas.

232.

State allotments

(a)

In general

The Secretary shall—

(1)

make allotments and grants from the amount appropriated under section 236(b) for a fiscal year in accordance with subsection (b)(1); and

(2)
(A)

reserve 20 percent of the amount appropriated under section 236(c) for the fiscal year for use under subsection (b)(2)(A), and under sections 269(b) (relating to dislocated worker technical assistance), 270(c) (relating to dislocated worker projects), and 271 (relating to national dislocated worker grants) other than subsections (b)(1)(E), (e), and (f) of that section; and

(B)

make allotments from 80 percent of the amount appropriated under section 236(c) for the fiscal year in accordance with subsection (b)(2)(B).

(b)

Allotment among States

(1)

Adult employment and training activities

(A)

Reservation for outlying areas

(i)

In general

From the amount made available under subsection (a)(1) for a fiscal year, the Secretary shall reserve not more than 1/4 of 1 percent of such amount to provide assistance to the outlying areas.

(ii)

Applicability of additional requirements

From the amount reserved under clause (i), the Secretary shall provide assistance to the outlying areas for adult employment and training activities and statewide workforce investment activities in accordance with the requirements of section 227(b)(1)(B).

(B)

States

(i)

In general

After determining the amount to be reserved under subparagraph (A), the Secretary shall allot the amount made available under subsection (a)(1) for that fiscal year to the States pursuant to clause (ii) for adult employment and training activities and statewide workforce investment activities.

(ii)

Formula

Subject to clauses (iii), (iv), and (v), of the remainder, the Secretary shall allot—

(I)

40 percent on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each State, compared to the total number of unemployed individuals in areas of substantial unemployment in all States;

(II)

25 percent on the basis of the relative number of individuals in the civilian labor force in each State, compared to the total number of such individuals in all States; and

(III)

35 percent on the basis of the relative number of disadvantaged adults in each State, compared to the total number of disadvantaged adults in all States, except as described in clause (iii).

(iii)

Calculation

In determining an allotment under clause (ii)(III) for any State in which there is a local area whose governing body is the governing body of a concentrated employment program described in section 117(c)(1)(C), the allotment shall be calculated by counting, for that local area, the higher of—

(I)

the number of adults in families with an income below 150 percent of the poverty line in such area; or

(II)

the number of disadvantaged adults in such area.

(iv)

Minimum and maximum percentages and minimum allotments

In making allotments under this subparagraph, the Secretary shall ensure the following:

(I)

Minimum percentage and allotment

The Secretary shall ensure that no State shall receive an allotment for a fiscal year that is less than an amount based on 90 percent of the allotment percentage of the State for the preceding fiscal year.

(II)

Maximum percentage

Subject to subclause (I), the Secretary shall ensure that no State shall receive an allotment percentage for a fiscal year that is more than 130 percent of the allotment percentage of the State for the preceding fiscal year.

(v)

Small State minimum allotment

Subject to clause (iii), the Secretary shall ensure that no State shall receive an allotment under this subparagraph that is less than the total of—

(I)

3/10 of 1 percent of $960,000,000, from the remainder described in clause (i) for the fiscal year; and

(II)

if the remainder described in clause (i) for the fiscal year exceeds $960,000,000, 2/5 of 1 percent of the excess.

(C)

Definitions

In this paragraph:

(i)

Adult

The term adult means an individual who is not less than age 22 and not more than age 72.

(ii)

Allotment percentage

The term allotment percentage, used with respect to fiscal year 2014 or a subsequent fiscal year, means a percentage of the remainder described in subparagraph (B)(i) that is received by the State involved through an allotment made under this paragraph for the fiscal year. The term, used with respect to fiscal year 2013, means the percentage of the amount allotted to States under section 132(b)(1)(B) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act) that is received by the State involved for fiscal year 2013.

(iii)

Area of substantial unemployment

The term area of substantial unemployment means any area that is of sufficient size and scope to sustain a program of workforce investment activities carried out under this subtitle and that has an average rate of unemployment of at least 6.5 percent for the most recent 12 months, as determined by the Secretary. For purposes of this clause, determinations of areas of substantial unemployment shall be made once each fiscal year.

(iv)

Disadvantaged adult

Subject to subparagraph (D), the term disadvantaged adult means an adult who received an income, or is a member of a family that received a total family income, that, in relation to family size, does not exceed 150 percent of the poverty line.

(D)

Disadvantaged adult special rule

For purposes of the formula specified in clauses (ii) and (iii) of subparagraph (B), the Secretary shall, as appropriate and to the extent practicable, exclude college students and members of the Armed Forces from the determination of the number of disadvantaged adults.

(2)

Dislocated worker employment and training

(A)

Reservation for outlying areas

(i)

In general

From the amount made available under subsection (a)(2)(A) for a fiscal year, the Secretary shall reserve not more than 1/4 of 1 percent of the amount appropriated under section 236(c) for the fiscal year to provide assistance to the outlying areas.

(ii)

Applicability of additional requirements

From the amount reserved under clause (i), the Secretary shall provide assistance to the outlying areas for dislocated worker employment and training activities and statewide workforce investment activities in accordance with the requirements of section 227(b)(1)(B).

(B)

States

(i)

In general

The Secretary shall allot the amount made available under subsection (a)(2)(B) for that fiscal year to the States pursuant to clause (ii) for dislocated worker employment and training activities and statewide workforce investment activities.

(ii)

Formula

Subject to clause (iii), of such amount, the Secretary shall allot—

(I)

331/3 percent on the basis of the relative number of unemployed individuals in each State, compared to the total number of unemployed individuals in all States;

(II)

331/3 percent on the basis of the relative excess number of unemployed individuals in each State, compared to the total excess number of unemployed individuals in all States; and

(III)

331/3 percent on the basis of the relative number of individuals in each State who have been unemployed for 15 weeks or more, compared to the total number of individuals in all States who have been unemployed for 15 weeks or more.

(iii)

Minimum and maximum percentages and minimum allotments

In making allotments under this subparagraph, the Secretary shall ensure the following:

(I)

Minimum percentage and allotment

The Secretary shall ensure that no State shall receive an allotment for a fiscal year that is less than an amount based on 90 percent of the allotment percentage of the State for the preceding fiscal year.

(II)

Maximum percentage

Subject to subclause (I), the Secretary shall ensure that no State shall receive an allotment percentage for a fiscal year that is more than 130 percent of the allotment percentage of the State for the preceding fiscal year.

(C)

Definitions

In this paragraph:

(i)

Excess number

The term excess number means, used with respect to the excess number of unemployed individuals within a State, the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in the State.

(ii)

Allotment percentage

The term allotment percentage, used with respect to fiscal year 2014 or a subsequent fiscal year, means a percentage of the amount described in subparagraph (B)(i) that is received by the State involved through an allotment made under this paragraph for the fiscal year. The term, used with respect to fiscal year 2013, means the percentage of the amount allotted to States under section 132(b)(2)(B) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act) that is received by the State involved for fiscal year 2013.

(c)

Reallotment

(1)

In general

The Secretary shall, in accordance with this subsection, reallot to eligible States amounts that are made available to States from allotments made under this section or a corresponding provision of the Workforce Investment Act of 1998 for employment and training activities and statewide workforce investment activities (referred to individually in this subsection as a State allotment) and that are available for reallotment.

(2)

Amount

The amount available for reallotment for a program year for programs funded under subsection (b)(1)(B) (relating to adult employment and training) or for programs funded under subsection (b)(2)(B) (relating to dislocated worker employment and training) is equal to the amount by which the unobligated balance from State allotments to the State for adult employment and training activities or dislocated worker employment and training activities, respectively, at the end of the program year prior to the program year for which the determination is made, exceeds 10 percent of the total amount of funds available to the State for that prior program year, consisting of the State allotment to the State for such prior program year (and amounts from State allotments to the State, for all program years before that prior program year, for adult employment and training activities or dislocated worker employment and training activities, respectively, that remained available).

(3)

Reallotment

In making reallotments to eligible States of amounts available pursuant to paragraph (2) for a program year, the Secretary shall allot to each eligible State an amount based on the relative amount of the State allotment under paragraph (1)(B) or (2)(B), respectively, of subsection (b) for the program year for which the determination is made, as compared to the total amount of the State allotments under paragraph (1)(B) or (2)(B), respectively, of subsection (b) for such program year.

(4)

Eligibility

For purposes of this subsection, an eligible State means—

(A)

with respect to funds allotted through a State allotment for adult employment and training activities, a State that does not have an amount of such funds available for reallotment under paragraph (2) for the program year for which the determination under paragraph (2) is made; and

(B)

with respect to funds allotted through a State allotment for dislocated worker employment and training activities, a State that does not have an amount of such funds available for reallotment under paragraph (2) for the program year for which the determination under paragraph (2) is made.

(5)

Procedures

The Governor shall prescribe uniform procedures for the obligation of funds by local areas within the State in order to avoid the requirement that funds be made available for reallotment under this subsection. The Governor shall further prescribe equitable procedures for making funds available from the State and local areas in the event that a State is required to make funds available for reallotment under this subsection.

233.

Within State allocations

(a)

Reservations for State activities

(1)

Statewide workforce investment activities

The Governor shall make the reservation required under section 228(a).

(2)

Statewide rapid response activities

The Governor shall reserve not more than 25 percent of the total amount allotted to the State under section 232(b)(2)(B) for a fiscal year for statewide rapid response activities described in section 234(a)(2)(A).

(b)

Within State allocation

(1)

Methods

The Governor, acting in accordance with the State plan, and after consulting with chief elected officials and local boards in the local areas, shall allocate—

(A)

the funds that are allotted to the State for adult employment and training activities and statewide workforce investment activities under section 232(b)(1)(B) and are not reserved under subsection (a)(1), in accordance with paragraph (2) or (3); and

(B)

the funds that are allotted to the State for dislocated worker employment and training activities and statewide workforce investment activities under section 232(b)(2)(B) and are not reserved under paragraph (1) or (2) of subsection (a), in accordance with paragraph (2).

(2)

Formula allocations

(A)

Adult employment and training activities

(i)

Allocation

In allocating the funds described in paragraph (1)(A) to local areas, a State may allocate—

(I)

40 percent of the funds on the basis described in section 232(b)(1)(B)(ii)(I);

(II)

25 percent of the funds on the basis described in section 232(b)(1)(B)(ii)(II); and

(III)

35 percent of the funds on the basis described in clauses (ii)(III) and (iii) of section 232(b)(1)(B).

(ii)

Minimum percentage

Effective at the end of the second full fiscal year after the date on which a local area is designated under section 116, the local area shall not receive an allocation percentage for a fiscal year that is less than 90 percent of the average allocation percentage of the local area for the 2 preceding fiscal years. Amounts necessary for increasing such allocations to local areas to comply with the preceding sentence shall be obtained by ratably reducing the allocations to be made to other local areas under this subparagraph.

(iii)

Definition

In this subparagraph, the term allocation percentage

(I)

used with respect to fiscal year 2012 or 2013, means a percentage of the amount allocated to local areas under paragraphs (2)(A) and (3) of section 133(b) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act) that is received by the local area involved for fiscal year 2012 or 2013, respectively; and

(II)

used with respect to fiscal year 2014 or a subsequent fiscal year, means a percentage of the funds referred to in clause (i) that is received by the local area involved through an allocation made under this subparagraph for the fiscal year.

(B)

Dislocated worker employment and training activities

(i)

Formula

In allocating the funds described in paragraph (1)(B) to local areas, a State shall allocate the funds based on an allocation formula prescribed by the Governor of the State. Such formula may be amended by the Governor not more than once for each program year. Such formula shall utilize the most appropriate information available to the Governor to distribute amounts to address the State’s worker readjustment assistance needs.

(ii)

Information

The information described in clause (i) shall include insured unemployment data, unemployment concentrations, plant closing and mass layoff data, declining industries data, farmer-rancher economic hardship data, and long-term unemployment data.

(iii)

Minimum percentage

Effective at the end of the second full fiscal year after the date on which a local area is designated under section 116, the local area shall not receive an allocation percentage for a fiscal year that is less than 90 percent of the average allocation percentage of the local area for the 2 preceding fiscal years. Amounts necessary for increasing such allocations to local areas to comply with the preceding sentence shall be obtained by ratably reducing the allocations to be made to other local areas under this subparagraph.

(iv)

Definition

In this subparagraph, the term allocation percentage

(I)

used with respect to fiscal year 2012 or 2013, means a percentage of the amount allocated to local areas under section 133(b)(2)(B) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act) that is received by the local area involved for fiscal year 2012 or 2013, respectively; and

(II)

used with respect to fiscal year 2014 or a subsequent fiscal year, means a percentage of the funds referred to in clause (i), received through an allocation made under this subparagraph, for the fiscal year.

(C)

Application

For purposes of carrying out subparagraph (A)—

(i)

references in clauses (ii) and (iii) of section 232(b)(1)(B) to a State shall be deemed to be references to a local area; and

(ii)

references in clauses (ii) and (iii) of section 232(b)(1)(B) to all States shall be deemed to be references to all local areas in the State involved.

(3)

Adult employment and training discretionary allocations

In lieu of making the allocation described in paragraph (2)(A), in allocating the funds described in paragraph (1)(A) to local areas, a State may distribute—

(A)

a portion equal to not less than 70 percent of the funds in accordance with paragraph (2)(A); and

(B)

the remaining portion of the funds on the basis of a formula that—

(i)

incorporates additional factors (other than the factors described in paragraph (2)(A)) relating to—

(I)

excess poverty in urban, rural, and suburban local areas; and

(II)

excess unemployment above the State average in urban, rural, and suburban local areas; and

(ii)

was developed by the State board and approved by the Secretary as part of the State plan.

(4)

Transfer authority

A local board may transfer, if such a transfer is approved by the Governor, up to and including 100 percent of the funds allocated to the local area under paragraph (2)(A) or (3), and up to and including 100 percent of the funds allocated to the local area under paragraph (2)(B), for a fiscal year between—

(A)

adult employment and training activities; and

(B)

dislocated worker employment and training activities.

(5)

Allocation

(A)

In general

The Governor shall allocate the funds described in paragraph (1) to local areas under paragraphs (2) and (3) for the purpose of providing a single system of employment and training activities for adults and dislocated workers in accordance with subsections (c) and (d) of section 234.

(B)

Additional requirements

(i)

Adults

Funds allocated under paragraph (2)(A) or (3) shall be used by a local area to contribute to the costs of the one-stop delivery system described in section 221(e) as determined under subsections (h) and (i) of section 221 and to pay for employment and training activities provided to adults in the local area, consistent with section 234.

(ii)

Dislocated workers

Funds allocated under paragraph (2)(B) shall be used by a local area to contribute to the costs of the one-stop delivery system described in section 221(e) as determined under subsections (h) and (i) of section 221 and to pay for employment and training activities provided to dislocated workers in the local area, consistent with section 234.

(c)

Reallocation among local areas

(1)

In general

The Governor may, in accordance with this subsection, reallocate to eligible local areas within the State amounts that are made available to local areas from allocations made under paragraph (2)(A) or (3) of subsection (b) or a corresponding provision of the Workforce Investment Act of 1998 for adult employment and training activities, or under subsection (b)(2)(B) or a corresponding provision of the Workforce Investment Act of 1998 for dislocated worker employment and training activities (referred to individually in this subsection as a local allocation) and that are available for reallocation.

(2)

Amount

(A)

In general

The amount available for reallocation for a program year for programs funded under paragraphs (2)(A) and (3) of subsection (b) (relating to adult employment and training) or for programs funded under subsection (b)(2)(B) (relating to dislocated worker employment and training) is equal to the amount by which the balance that is unobligated and unencumbered for training services at the end of the program year prior to the program year for which the determination is made, exceeds 10 percent of the total amount of funds available to the local area for that prior program year, consisting of the local allocation to the local area for such prior program year (and amounts from local allocations to the local area, for all program years before that prior program year, for adult employment and training activities or dislocated worker employment and training services, respectively, that remained available).

(B)

Balance of funds

For purposes of this paragraph, the balance that is unobligated and unencumbered for training services is the amount that is the difference between—

(i)

the total amount of funds available to the local area under paragraphs (2)(A) and (3) of subsection (b), or subsection (b)(2)(B), respectively, for that prior program year, consisting of the local allocation to the local area for such prior program year (and amounts from local allocations to the local area, for all program years before that prior program year, for adult employment and training activities or dislocated worker employment and training activities, respectively, that remained available); and

(ii)

the amount, from that total amount of available funds, that is obligated or encumbered (in accordance with generally accepted accounting principles) for training services for adults or dislocated workers, respectively, during such prior program year, except that for purposes of this paragraph the amount included as encumbered for training services shall not exceed 10 percent of the total amount of available funds described in subparagraph (A) for adult employment and training activities or dislocated worker employment and training activities, respectively.

(3)

Reallocation

In making reallocations to eligible local areas of amounts available pursuant to paragraph (2) for a program year, the Governor shall allocate to each eligible local area within the State—

(A)

with respect to such available amounts that were allocated under paragraph (2)(A) or (3) of subsection (b), an amount based on the relative amount of the local allocation under paragraph (2)(A) or (3) of subsection (b), as appropriate, for the program year for which the determination is made, as compared to the total amount of the local allocations under paragraph (2)(A) or (3) of subsection (b), as appropriate, for such program year; and

(B)

with respect to such available amounts that were allocated under subsection (b)(2)(B), an amount based on the relative amount of the local allocation under subsection (b)(2)(B) for the program year for which the determination is made, as compared to the total amount of the local allocations under subsection (b)(2)(B) for such program year.

(4)

Eligibility

For purposes of this subsection, an eligible local area means—

(A)

with respect to funds allocated through a local allocation for adult employment and training activities, a local area that does not have an amount of such funds available for reallocation under paragraph (2) for the program year for which the determination under paragraph (2) is made; and

(B)

with respect to funds allocated through a local allocation for dislocated worker employment and training activities, a local area that does not have an amount of such funds available for reallocation under paragraph (2) for the program year for which the determination under paragraph (2) is made.

234.

Use of funds for employment and training activities

(a)

Statewide employment and training activities

(1)

In general

Funds reserved by a Governor—

(A)

as described in section 233(a)(2) shall be used to carry out the statewide rapid response activities described in paragraph (2)(A); and

(B)

as described in sections 228(a) and 233(a)(1)—

(i)

shall be used to carry out the statewide employment and training activities described in paragraph (2)(B); and

(ii)

may be used to carry out any of the statewide employment and training activities described in paragraph (3),

regardless of whether the funds were allotted to the State under section 227(b)(1) or under paragraph (1) or (2) of section 232(b).
(2)

Required statewide employment and training activities

(A)

Statewide rapid response activities

(i)

In general

A State shall carry out statewide rapid response activities using funds reserved by the Governor for the State under section 233(a)(2), which activities shall include—

(I)

provision of rapid response activities, carried out in local areas by the State or by an entity designated by the State, working in conjunction with the local boards and the chief elected officials for the local areas; and

(II)

provision of additional assistance to local areas that experience disasters, mass layoffs, or plant closings, or other events that precipitate substantial increases in the number of unemployed individuals, carried out in local areas by the State, working in conjunction with the local boards and the chief elected officials for the local areas.

(ii)

Use of unobligated funds

Funds reserved by a Governor under section 233(a)(2), and section 133(a)(2) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act), to carry out this subparagraph that remain unobligated after the first program year for which such funds were allotted may be used by the Governor to carry out statewide activities authorized under subparagraph (B) or paragraph (3)(A), in addition to activities under this subparagraph.

(B)

Statewide employment and training activities

Funds reserved by a Governor under sections 228(a)(1) and 233(a)(1) and not used under paragraph (1)(A) (regardless of whether the funds were allotted to the States under section 227(b)(1)(C) or paragraph (1)(B) or (2)(B) of section 232(b)) shall be used for statewide employment and training activities, including—

(i)

building capacity by providing assistance to—

(I)

State entities and agencies, local areas, and one-stop partners in carrying out the activities described in the State plan, including the coordination and alignment of data systems used to carry out the requirements of this Act;

(II)

local areas for carrying out the regional planning and service delivery activities required under section 116(c); and

(III)

local areas, one-stop operators, one-stop partners, and eligible providers, including the development and training of staff, which may include the development and training of staff to provide opportunities for individuals with barriers to employment to enter in-demand industry sectors or occupations and nontraditional occupations, the development of exemplary program activities, and the provision of technical assistance to local areas that fail to meet local performance accountability measures described in section 131(c);

(ii)

providing assistance to local areas, in accordance with section 116(c)(1)(B);

(iii)

operating a fiscal and management accountability information system in accordance with section 131(i);

(iv)

carrying out monitoring and oversight of activities carried out under this chapter and chapter 2;

(v)

disseminating—

(I)

the State list of eligible providers of training services, including eligible providers of nontraditional training services and eligible providers of apprenticeship programs described in section 222(a)(2)(B);

(II)

information identifying eligible providers of on-the-job training, customized training, incumbent worker training, internships, paid or unpaid work experience opportunities, or transitional jobs;

(III)

information on effective outreach to, partnerships with, and services for, business;

(IV)

information on effective service delivery strategies to serve workers and job seekers;

(V)

performance information and information on program costs (such as tuition and fees) for participants in applicable programs, as described in subsections (d) and (h) of section 222; and

(VI)

information on physical and programmatic accessibility, in accordance with section 288 and the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.), for individuals with disabilities;

(vi)

conducting evaluations under section 131(e) of activities authorized under this chapter and chapter 2 in coordination with evaluations carried out by the Secretary under section 270(a); and

(vii)

developing strategies for ensuring that activities carried out under this section are placing men and women in jobs, education, and training that lead to comparable pay for men and women, including strategies to increase women’s participation in high-wage, high-demand occupations in which women are underrepresented in the State’s workforce.

(3)

Allowable statewide employment and training activities

(A)

In general

Funds reserved by a Governor under sections 228(a)(1) and 233(a)(1) and not used under paragraph (1)(A) or (2)(B) (regardless of whether the funds were allotted to the State under section 227(b)(1)(C) or paragraph (1)(B) or (2)(B) of section 232(b)) may be used to carry out additional statewide employment and training activities, which may include—

(i)

implementing innovative programs and strategies designed to meet the needs of businesses in the State, including small businesses, which may include—

(I)

providing incumbent worker training;

(II)

providing customized training;

(III)

developing and implementing industry sector strategies (including strategies involving industry partnerships, regional skills alliances, industry skill panels, and sectoral skills partnerships) in which representatives of multiple employers for a specific industry sector or group of related occupations—

(aa)

collaborate to address common workforce needs with suppliers, labor organizations, economic development agencies, eligible providers of training services described in section 222, and other entities that can provide needed supportive services tailored to the needs of workers in that sector or group for a local area or region;

(bb)

identify current and expected gaps between the demand for and supply of labor and skills in that sector or group for that area or region; and

(cc)

develop a strategic plan and training efforts to address skill gaps, advance industry growth and competitiveness, and improve worker productivity, retention, advancement, and competitiveness;

(IV)

providing career ladder and career pathway programs;

(V)

providing microenterprise and entrepreneurial training and support programs;

(VI)

utilizing effective business intermediaries;

(VII)

using layoff aversion strategies in collaboration with appropriate economic development entities, which strategies may include early identification of firms at risk of layoffs, use of feasibility studies to assess the needs of and options for at-risk firms, and the delivery of employment and training activities to address risk factors;

(VIII)

providing activities to improve linkages between the one-stop delivery systems in the State and employers (including small employers) in the State; and

(IX)

providing other business services and strategies that better engage employers in workforce investment activities and make the workforce development system more relevant to meeting the needs of State and local businesses, consistent with the objectives of this title;

(ii)

developing strategies for effectively serving individuals with barriers to employment and for coordinating programs and services among one-stop partners;

(iii)

implementing programs for displaced homemakers, which for purposes of this clause may include an individual who is receiving public assistance and is within 2 years of exhausting lifetime eligibility under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq.);

(iv)

implementing programs to increase the number of individuals training for and placed in nontraditional employment;

(v)

carrying out activities to facilitate remote access to services, including training services described in subsection (c)(4), provided through a one-stop delivery system, including facilitating access through the use of technology;

(vi)

supporting the provision of core services described in subsection (c)(2) in the one-stop delivery systems in the State;

(vii)

coordinating activities with the child welfare system to facilitate provision of services for children in foster care and children who are eligible for assistance under section 477 of the Social Security Act ( 42 U.S.C. 677 );

(viii)

activities—

(I)

to improve coordination of workforce investment activities, and economic development activities, carried out within the State involved and to promote entrepreneurial skills training and microenterprise services;

(II)

to improve coordination of employment and training activities, child support services, and assistance provided by State and local agencies carrying out part D of title IV of the Social Security Act ( 42 U.S.C. 651 et seq.);

(III)

to improve coordination of employment and training activities and cooperative extension programs carried out by the Department of Agriculture;

(IV)

to improve coordination of employment and training activities and programs carried out in local areas for individuals with disabilities, including programs carried out by State agencies relating to intellectual disabilities and developmental disabilities, activities carried out by Statewide Independent Living Councils established under section 705 of the Rehabilitation Act of 1973 (29 U.S.C. 796d), programs funded under part B of chapter 1 of title VII of such Act (29 U.S.C. 796e et seq.), and activities carried out by centers for independent living, as defined in section 702 of such Act ( 29 U.S.C. 796a );

(V)

to develop and disseminate workforce and labor market information;

(VI)

to improve coordination of employment and training activities, and adult education and literacy activities, provided by public libraries;

(VII)

to improve coordination of activities with the corrections system to facilitate provision of training services and employment opportunities that will assist ex-offenders in reentering the workforce; and

(VIII)

to promote financial literacy, including carrying out activities described in section 229(b)(1)(I);

(ix)

conducting—

(I)

research related to meeting the employment and education needs of adult and dislocated workers; and

(II)

demonstration projects related to meeting the employment and education needs of adult and dislocated workers;

(x)

implementing promising services for workers and businesses, which may include providing support for education, training, skill upgrading, and statewide networking for employees to become workplace learning advisors and maintain proficiency in carrying out the activities associated with such advising;

(xi)

providing incentive grants to local areas for performance by the local areas on local performance accountability measures described in section 131(b);

(xii)

adopting, calculating, or commissioning for approval an economic self-sufficiency standard for the State that specifies the income needs of families, by family size, the number and ages of children in the family, and substate geographical considerations; and

(xiii)

developing and disseminating common intake procedures and related items, including registration processes, materials, or software.

(B)

Limitation

(i)

In general

Of the funds allotted to a State under sections 227(b) and 232(b) and reserved as described in sections 228(a) and 233(a)(1) for a fiscal year—

(I)

not more than 5 percent of the amount allotted under section 227(b)(1);

(II)

not more than 5 percent of the amount allotted under section 232(b)(1); and

(III)

not more than 5 percent of the amount allotted under section 232(b)(2),

may be used by the State for the administration of statewide youth workforce investment activities carried out under section 229 and statewide employment and training activities carried out under this section.
(ii)

Use of funds

Funds made available for administrative costs under clause (i) may be used for the administrative cost of any of the statewide youth workforce investment activities or statewide employment and training activities, regardless of whether the funds were allotted to the State under section 227(b)(1) or paragraph (1) or (2) of section 232(b).

(b)

Local employment and training activities

Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 233(b), and funds allocated to a local area for dislocated workers under section 233(b)(2)(B)—

(1)

shall be used to carry out employment and training activities described in subsection (c) for adults or dislocated workers, respectively; and

(2)

may be used to carry out employment and training activities described in subsection (d) for adults or dislocated workers, respectively.

(c)

Required local employment and training activities

(1)

In general

(A)

Allocated funds

Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 233(b), and funds allocated to the local area for dislocated workers under section 233(b)(2)(B), shall be used—

(i)

to establish a one-stop delivery system described in section 221(e);

(ii)

to provide the core services described in paragraph (2) to adults and dislocated workers, respectively, through the one-stop delivery system in accordance with such paragraph;

(iii)

to provide the intensive services described in paragraph (3) to adults and dislocated workers, respectively, described in such paragraph;

(iv)

to provide training services described in paragraph (4) to adults and dislocated workers, respectively, described in such paragraph; and

(v)

to designate a dedicated business liaison in the local area (whose activities may be funded with funds provided under this title or from other sources) to establish and develop relationships and networks with large and small employers and their intermediaries.

(B)

Other funds

Consistent with subsections (h) and (i) of section 221, a portion of the funds made available under Federal law authorizing the programs and activities described in section 221(b)(1)(B), including the Wagner-Peyser Act ( 29 U.S.C. 49 et seq.), shall be used as described in clauses (i) and (ii) of subparagraph (A), to the extent not inconsistent with the Federal law involved.

(2)

Core services

Funds described in paragraph (1) shall be used to provide core services, which shall be available to individuals who are adults or dislocated workers through the one-stop delivery system and shall, at a minimum, include—

(A)

determinations of whether the individuals are eligible to receive assistance under this subtitle;

(B)

outreach, intake (which may include worker profiling), and orientation to the information and other services available through the one-stop delivery system;

(C)

initial assessment of skill levels (including literacy, numeracy, and English language proficiency), aptitudes, abilities (including skills gaps), and supportive service needs;

(D)

labor exchange services, including—

(i)

job search and placement assistance and, in appropriate cases, career counseling, including—

(I)

provision of information on in-demand industry sectors and occupations; and

(II)

provision of information on nontraditional employment; and

(ii)

appropriate recruitment and other business services on behalf of employers, including small employers, in the local area, which services may include services described in this subsection, such as providing information and referral to specialized business services not traditionally offered through the one-stop delivery system;

(E)

provision of referrals to and coordination of activities with other programs and services, including programs and services within the one-stop delivery system and, in appropriate cases, other workforce development programs;

(F)

provision of workforce and labor market employment statistics information, including the provision of accurate information relating to local, regional, and national labor market areas, including—

(i)

job vacancy listings in such labor market areas;

(ii)

information on job skills necessary to obtain the jobs described in clause (i); and

(iii)

information relating to local occupations in demand and the earnings, skill requirements, and opportunities for advancement for such occupations;

(G)

provision of performance information and program cost information on eligible providers of training services as described in section 222, provided by program, and eligible providers of youth workforce investment activities described in section 223, providers of adult education described in title III, providers of career and technical education activities at the postsecondary level, and career and technical education activities available to school dropouts, under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), and providers of vocational rehabilitation services described in title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq.);

(H)

provision of information, in formats that are usable by and understandable to one-stop center customers, regarding how the local area is performing on the local performance accountability measures described in section 131(c) and any additional performance information with respect to the one-stop delivery system in the local area;

(I)
(i)

provision of information, in formats that are usable by and understandable to one-stop center customers, relating to the availability of supportive services or assistance, including child care, child support, medical or child health assistance under title XIX or XXI of the Social Security Act (42 U.S.C. 1396 et seq. and 1397aa et seq.), benefits under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), assistance through the earned income tax credit under section 32 of the Internal Revenue Code of 1986, and assistance under a State program for temporary assistance for needy families funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq.) and other supportive services and transportation provided through funds made available under such part, available in the local area; and

(ii)

referral to the services or assistance described in clause (i), as appropriate;

(J)

provision of information and assistance regarding filing claims for unemployment compensation;

(K)

assistance in establishing eligibility for programs of financial aid assistance for training and education programs that are not funded under this Act; and

(L)

followup services, including counseling regarding the workplace, for participants in workforce investment activities authorized under this subtitle who are placed in unsubsidized employment, for not less than 12 months after the first day of the employment, as appropriate.

(3)

Intensive services

(A)

In general

(i)

Eligibility

Except as provided in clause (ii), funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 233(b), and funds allocated to the local area for dislocated workers under section 233(b)(2)(B), shall be used to provide intensive services to adults and dislocated workers, respectively—

(I)

who are unemployed and who, after an interview, evaluation, or assessment, have been determined by a one-stop operator or one-stop partner as appropriate, to be—

(aa)

unlikely or unable to obtain employment, that leads to economic self-sufficiency or wages comparable to or higher than wages from previous employment, through core services described in paragraph (2); and

(bb)

in need of intensive services to obtain employment that leads to economic self-sufficiency or wages comparable to or higher than wages from previous employment; or

(II)

who are employed, but who, after an interview, evaluation, or assessment are determined by a one-stop operator or one-stop partner to be in need of such intensive services to obtain or retain employment that leads to economic self-sufficiency.

(ii)

Use of previous assessments

A one-stop operator or one-stop partner shall not be required to conduct a new interview, evaluation, or assessment of a participant under clause (i) if the one-stop operator or one-stop partner determines that it is appropriate to use a recent interview, evaluation, or assessment of the participant conducted pursuant to another education or training program.

(iii)

Rule of construction

Nothing in this subparagraph shall be construed to mean that an individual is required to receive core services prior to receiving intensive services.

(B)

Delivery of services

Such intensive services shall be provided through the one-stop delivery system—

(i)

directly through one-stop operators identified pursuant to section 221(d); or

(ii)

through contracts with service providers, which may include contracts with public, private for-profit, and private nonprofit service providers, approved by the local board.

(C)

Types of services

Such intensive services may include the following:

(i)

Comprehensive and specialized assessments of the skill levels and service needs of adults and dislocated workers, which may include—

(I)

diagnostic testing and use of other assessment tools; and

(II)

in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals.

(ii)

Development of an individual employment plan, to identify the employment goals, appropriate achievement objectives, and appropriate combination of services for the participant to achieve the employment goals, including providing information on eligible providers of training services pursuant to paragraph (4)(F)(ii), and career pathways to attain career objectives.

(iii)

Group counseling.

(iv)

Individual counseling.

(v)

Career planning.

(vi)

Short-term prevocational services, including development of learning skills, communication skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct, to prepare individuals for unsubsidized employment or training.

(vii)

Internships and work experiences that are linked to careers.

(viii)

Workforce preparation activities.

(ix)

Financial literacy services, such as activities described in section 229(b)(1)(I).

(x)

Out-of-area job search assistance and relocation assistance.

(xi)

English language acquisition and integrated education and training programs.

(4)

Training services

(A)

In general

(i)

Eligibility

Except as provided in clause (ii), funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 233(b), and funds allocated to the local area for dislocated workers under section 233(b)(2)(B), shall be used to provide training services to adults and dislocated workers, respectively—

(I)

who, after an interview, evaluation, or assessment, and career planning, have been determined by a one-stop operator or one-stop partner, as appropriate, to—

(aa)

be unlikely or unable to obtain or retain employment, that leads to economic self-sufficiency or wages comparable to or higher than wages from previous employment, through the intensive services described in paragraph (3);

(bb)

be in need of training services to obtain or retain employment that leads to economic self-sufficiency or wages comparable to or higher than wages from previous employment; and

(cc)

have the skills and qualifications to successfully participate in the selected program of training services;

(II)

who select programs of training services that are directly linked to the employment opportunities in the local area or region involved or in another area to which the adults or dislocated workers are willing to commute or relocate;

(III)

who meet the requirements of subparagraph (B); and

(IV)

who are determined to be eligible in accordance with the priority system in effect under subparagraph (E).

(ii)

Use of previous assessments

A one-stop operator or one-stop partner shall not be required to conduct a new interview, evaluation, or assessment of a participant under clause (i) if the one-stop operator or one-stop partner determines that it is appropriate to use a recent interview, evaluation, or assessment of the participant conducted pursuant to another education or training program.

(iii)

Rule of construction

Nothing in this subparagraph shall be construed to mean an individual is required to receive core or intensive services prior to receiving training services.

(B)

Qualification

(i)

Requirement

Notwithstanding section 479B of the Higher Education Act of 1965 ( 20 U.S.C. 1087uu ) and except as provided in clause (ii), provision of such training services shall be limited to individuals who—

(I)

are unable to obtain other grant assistance for such services, including Federal Pell Grants established under subpart 1 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a et seq.); or

(II)

require assistance beyond the assistance made available under other grant assistance programs, including Federal Pell Grants.

(ii)

Reimbursements

Training services may be provided under this paragraph to an individual who otherwise meets the requirements of this paragraph while an application for a Federal Pell Grant is pending, except that if such individual is subsequently awarded a Federal Pell Grant, appropriate reimbursement shall be made to the local area from such Federal Pell Grant.

(iii)

Consideration

In determining whether an individual requires assistance under clause (i)(II), a one-stop operator (or one-stop partner, where appropriate) may take into consideration the full cost of participating in training services, including the costs of dependent care and transportation, and other appropriate costs.

(C)

Provider qualification

Training services shall be provided through providers identified in accordance with section 222.

(D)

Training services

Training services may include—

(i)

occupational skills training, including training for nontraditional employment;

(ii)

on-the-job training;

(iii)

incumbent worker training in accordance with subsection (d)(4);

(iv)

programs that combine workplace training with related instruction, which may include cooperative education programs;

(v)

training programs operated by the private sector;

(vi)

skill upgrading and retraining;

(vii)

entrepreneurial training;

(viii)

transitional jobs in accordance with subsection (d)(5);

(ix)

job readiness training provided in combination with services described in any of clauses (i) through (viii);

(x)

adult education and literacy activities, including activities of English language acquisition and integrated education and training programs, provided concurrently or in combination with services described in any of clauses (i) through (vii); and

(xi)

customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training.

(E)

Priority

With respect to funds allocated to a local area for adult employment and training activities under paragraph (2)(A) or (3) of section 233(b), priority shall be given to recipients of public assistance, other low-income individuals, and individuals who are basic skills deficient for receipt of intensive services and training services. The appropriate local board and the Governor shall direct the one-stop operators in the local area with regard to making determinations related to such priority.

(F)

Consumer choice requirements

(i)

In general

Training services provided under this paragraph shall be provided in a manner that maximizes consumer choice in the selection of an eligible provider of such services.

(ii)

Eligible providers

Each local board, through one-stop centers, shall make available the list of eligible providers of training services described in section 222(d), and accompanying information, in accordance with section 222(d).

(iii)

Individual training accounts

An individual who seeks training services and who is eligible pursuant to subparagraph (A), may, in consultation with a career planner, select an eligible provider of training services from the list of providers described in clause (ii). Upon such selection, the one-stop operator involved shall, to the extent practicable, refer such individual to the eligible provider of training services, and arrange for payment for such services through an individual training account.

(iv)

Coordination

Each local board may, through one-stop centers, coordinate funding for individual training accounts with funding from other Federal, State, local, or private job training programs or sources to assist the individual in obtaining training services.

(G)

Use of individual training accounts