HR 3747 IHCommentsClose CommentsPermalink

To enhance the workforce investment system of the Nation by strengthening one-stop career centers, providing for more effective governance arrangements, promoting access to a more comprehensive array of employment and training, integrating existing employment and training programs to avoid duplication and overlap, establishing a targeted approach to serving youth, and improving performance accountability, and for other purposes.CommentsClose CommentsPermalink

October 4, 2007

Mr. MCKEON (for himself, Mr. KELLER of Florida, Mr. BOUSTANY, Mr. KLINE of Minnesota, Mr. DAVID DAVIS of Tennessee, and Mr. SOUDER) introduced the following bill; which was referred to the Committee on Education and LaborCommentsClose CommentsPermalink

To enhance the workforce investment system of the Nation by strengthening one-stop career centers, providing for more effective governance arrangements, promoting access to a more comprehensive array of employment and training, integrating existing employment and training programs to avoid duplication and overlap, establishing a targeted approach to serving youth, and improving performance accountability, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Workforce Investment Improvement Act of 2007'.CommentsClose CommentsPermalink

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title.CommentsClose CommentsPermalink





Sec. 2. Table of contents.CommentsClose CommentsPermalink





Sec. 3. References.CommentsClose CommentsPermalink

TITLE I--AMENDMENTS TO TITLE I OF THE WORKFORCE INVESTMENT ACT OF 1998

Sec. 101. Definitions.CommentsClose CommentsPermalink





Sec. 102. Purpose.CommentsClose CommentsPermalink





Sec. 103. State workforce investment boards.CommentsClose CommentsPermalink





Sec. 104. State plan.CommentsClose CommentsPermalink





Sec. 105. Local workforce investment areas.CommentsClose CommentsPermalink





Sec. 106. Local workforce investment boards.CommentsClose CommentsPermalink





Sec. 107. Local plan.CommentsClose CommentsPermalink





Sec. 108. Establishment of One-Stop delivery systems.CommentsClose CommentsPermalink





Sec. 109. Eligible providers of training services.CommentsClose CommentsPermalink





Sec. 110. Eligible providers of Youth Activities.CommentsClose CommentsPermalink





Sec. 111. Youth Activities.CommentsClose CommentsPermalink





Sec. 112. Comprehensive programs for adults.CommentsClose CommentsPermalink





Sec. 113. Performance accountability system.CommentsClose CommentsPermalink





Sec. 114. Authorization of appropriations.CommentsClose CommentsPermalink





Sec. 115. Job Corps.CommentsClose CommentsPermalink





Sec. 116. Native American programs.CommentsClose CommentsPermalink





Sec. 117. Migrant and seasonal farmworker programs.CommentsClose CommentsPermalink





Sec. 118. Veterans' workforce investment programs.CommentsClose CommentsPermalink





Sec. 119. Youth challenge grants.CommentsClose CommentsPermalink





Sec. 120. Technical assistance.CommentsClose CommentsPermalink





Sec. 121. Demonstration, pilot, multiservice, research and multi-state projects.CommentsClose CommentsPermalink





Sec. 122. Community-Based job training.CommentsClose CommentsPermalink





Sec. 123. Evaluations.CommentsClose CommentsPermalink





Sec. 124. National dislocated worker grants.CommentsClose CommentsPermalink





Sec. 125. Authorization of appropriations for national activities.CommentsClose CommentsPermalink





Sec. 126. Requirements and restrictions.CommentsClose CommentsPermalink





Sec. 127. Nondiscrimination.CommentsClose CommentsPermalink





Sec. 128. Administrative provisions.CommentsClose CommentsPermalink





Sec. 129. State legislative authority.CommentsClose CommentsPermalink





Sec. 130. Workforce innovation in regional economic development.CommentsClose CommentsPermalink





Sec. 131. General program requirements.CommentsClose CommentsPermalink

TITLE II--ADULT EDUCATION, BASIC SKILLS, AND FAMILY LITERACY EDUCATION

Sec. 201. Table of contents.CommentsClose CommentsPermalink





Sec. 202. Amendment.CommentsClose CommentsPermalink

TITLE III--AMENDMENTS TO THE WAGNER-PEYSER ACT

Sec. 301. Amendments to the Wagner-Peyser Act.CommentsClose CommentsPermalink

TITLE IV--AMENDMENTS TO THE REHABILITATION ACT OF 1973

Sec. 401. Findings.CommentsClose CommentsPermalink





Sec. 402. Rehabilitation Services Administration.CommentsClose CommentsPermalink





Sec. 403. Director.CommentsClose CommentsPermalink





Sec. 404. Definitions.CommentsClose CommentsPermalink





Sec. 405. State plan.CommentsClose CommentsPermalink





Sec. 406. Scope of services.CommentsClose CommentsPermalink





Sec. 407. Standards and indicators.CommentsClose CommentsPermalink





Sec. 408. Reservation for expanded transition services.CommentsClose CommentsPermalink





Sec. 409. Client assistance program.CommentsClose CommentsPermalink





Sec. 410. Protection and advocacy of individual rights.CommentsClose CommentsPermalink





Sec. 411. Chairperson.CommentsClose CommentsPermalink





Sec. 412. Authorizations of appropriations.CommentsClose CommentsPermalink





Sec. 413. Conforming amendment.CommentsClose CommentsPermalink





Sec. 414. Helen Keller National Center Act.CommentsClose CommentsPermalink

TITLE V--TRANSITION AND EFFECTIVE DATE

Sec. 501. Transition provisions.CommentsClose CommentsPermalink





Sec. 502. Effective date.CommentsClose CommentsPermalink

SEC. 3. REFERENCES.

Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the amendment or repeal shall be considered to be made to a section or other provision of the Workforce Investment Act of 1998 (20 U.S.C. 9201 et seq.).CommentsClose CommentsPermalink

TITLE I--AMENDMENTS TO TITLE I OF THE WORKFORCE INVESTMENT ACT OF 1998

SEC. 101. DEFINITIONS.

Section 101 (29 U.S.C. 2801) is amended--CommentsClose CommentsPermalink





(1) by striking paragraphs (13) and (24) and redesignating paragraphs (1) through (12) as paragraphs (3) through (14), and paragraphs (14) through (23) as paragraphs (15) through (24), respectively;CommentsClose CommentsPermalink





(2) by inserting after `In this title:' the following new paragraphs:CommentsClose CommentsPermalink





`(1) ACCRUED EXPENDITURES- The term `accrued expenditures' means charges incurred by recipients of funds under this title for a given period requiring the provision of funds for goods or other tangible property received; services performed by employees, contractors, subgrantees, subcontractors, and other payees; and other amounts becoming owed under programs assisted under this title for which no current services or performance is required, such as annuities, insurance claims, and other benefit payments.CommentsClose CommentsPermalink





`(2) ADMINISTRATIVE COSTS- The term `administrative costs' means expenditures incurred by State and local workforce investment boards, direct recipients (including State grant recipients under subtitle B and recipients of awards under subtitle D), local grant recipients, local fiscal agents or local grant subrecipients, and one-stop operators in the performance of administrative functions and in carrying out activities under this title which are not related to the direct provision of workforce investment services (including services to participants and employers). Such costs include both personnel and non-personnel and both direct and indirect.';CommentsClose CommentsPermalink





(3) in paragraph (6) (as so redesignated), by inserting `(or such other level as the Governor may establish)' after `8th grade level';CommentsClose CommentsPermalink





(4) in paragraph (10)(C) (as so redesignated), by striking `not less than 50 percent of the cost of the training' and inserting `a significant portion of the cost of training, as determined by the local board (or, in the case of an employer in multiple local areas in the State, as determined by the Governor), taking into account the size of the employer and such other factors as the local board determines to be appropriate'; andCommentsClose CommentsPermalink





(5) in paragraph (11) (as so redesignated)--CommentsClose CommentsPermalink





(A) in subparagraph (A)(ii)(II), by striking `section 134(c)' and inserting `section 121(e)';CommentsClose CommentsPermalink





(B) in subparagraph (B)(iii), by striking `intensive services described in section 134(d)(3)' and inserting `work ready services described in section 134(c)(3)(M) through (U)';CommentsClose CommentsPermalink





(C) in subparagraph (C), by striking `or' after the semicolon;CommentsClose CommentsPermalink





(D) in subparagraph (D), by striking the period and inserting `; or'; andCommentsClose CommentsPermalink





(E) by adding at the end the following:CommentsClose CommentsPermalink





`(E)(i) is the spouse of a member of the Armed Forces on active duty for a period of more than 30 days (as defined in section 101(d)(2) of title 10, United States Code) who has experienced a loss of employment as a direct result of relocation to accommodate a permanent change in duty station of such member; orCommentsClose CommentsPermalink





`(ii) is the spouse of a member of the Armed Forces on active duty who meets the criteria described in paragraph (12)(B).';CommentsClose CommentsPermalink





(6) in paragraph (12)(A) (as redesignated)--CommentsClose CommentsPermalink





(A) by striking `and' after the semicolon and inserting `or';CommentsClose CommentsPermalink





(B) by striking `(A)' and inserting `(A)(i)'; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





`(ii) is the dependent spouse of a member of the Armed Forces on active duty for a period of more than 30 days (as defined in section 101(d)(2) of title 10, United States Code) 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; and';CommentsClose CommentsPermalink





(7) in paragraph (13) (as so redesignated), by inserting `or regional' after `local' each place it appears;CommentsClose CommentsPermalink





(8) in paragraph (14) (as so redesignated)--CommentsClose CommentsPermalink





(A) in subparagraph (A), by striking `section 122(e)(3)' and inserting `section 122'; andCommentsClose CommentsPermalink





(B) by striking subparagraph (B), and inserting the following:CommentsClose CommentsPermalink





`(B) work ready services, means a provider who is identified or awarded a contract as described in section 134(c)(3);'.CommentsClose CommentsPermalink





(9) in paragraph (25)--CommentsClose CommentsPermalink





(A) in subparagraph (B), by striking `higher of--' and all that follows through clause (ii) and inserting `poverty line for an equivalent period;'; andCommentsClose CommentsPermalink





(B) by redesignating subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively, and inserting after subparagraph (C) the following:CommentsClose CommentsPermalink





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





(10) in paragraph (32) by striking `the Republic of the Marshall Islands, the Federated States of Micronesia,'; andCommentsClose CommentsPermalink





(11) by striking paragraph (33) and redesignating paragraphs (34) through (53) as paragraphs (33) through (52), respectively.CommentsClose CommentsPermalink

SEC. 102. PURPOSE.

Section 106 (29 U.S.C. 2811) is amended by inserting at the end the following: `It is also the purpose of this subtitle to provide workforce investment activities in a manner that promotes the informed choice of participants and actively involves participants in obtaining training services that will increase their skills and improve their employment outcomes.'.CommentsClose CommentsPermalink

SEC. 103. STATE WORKFORCE INVESTMENT BOARDS.

(a) Membership-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 111(b) (29 U.S.C. 2821(b)) is amended--CommentsClose CommentsPermalink





(A) by amending paragraph (1)(C) to read as follows:CommentsClose CommentsPermalink





`(C) representatives appointed by the Governor, who are--CommentsClose CommentsPermalink





`(i)(I) the lead State agency officials with responsibility for the programs and activities that are described in section 121(b) and carried out by one-stop partners;CommentsClose CommentsPermalink





`(II) in any case in which no lead State agency official has responsibility for such a program or activity, a representative in the State with expertise relating to such program or activity; andCommentsClose CommentsPermalink





`(III) if not included under subclause (I), the director of the State unit, defined in section 7(8)(B) of the Rehabilitation Act of 1973 (29 U.S.C. 705(8)(B)) except that in a State that has established 2 or more designated State units to administer the vocational rehabilitation program, the board representative shall be the director of the designated State unit that serves the most individuals with disabilities in the State;CommentsClose CommentsPermalink





`(ii) the State agency officials responsible for economic development;CommentsClose CommentsPermalink





`(iii) representatives of business in the State who--CommentsClose CommentsPermalink





`(I) are owners of businesses, chief executive or operating officers of businesses, and other business executives or employers with optimum policy making or hiring authority, including members of local boards described in section 117(b)(2)(A)(i);CommentsClose CommentsPermalink





`(II) represent businesses with employment opportunities that reflect employment opportunities in the State; andCommentsClose CommentsPermalink





`(III) are appointed from among individuals nominated by State business organizations and business trade associations;CommentsClose CommentsPermalink





`(iv) chief elected officials (representing both cities and counties, where appropriate);CommentsClose CommentsPermalink





`(v) one or more representatives of labor organizations, who have been nominated by State labor federations or labor organizations within the State; andCommentsClose CommentsPermalink





`(vi) such other representatives and State agency officials as the Governor may designate.'; andCommentsClose CommentsPermalink





(B) in paragraph (3), by striking `paragraph (1)(C)(i)' and inserting `paragraph (1)(C)(iii)'.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENT- Section 111(c) (29 U.S.C. 2811(c)) is amended by striking `subsection (b)(1)(C)(i)' and inserting `subsection (b)(1)(C)(iii)'.CommentsClose CommentsPermalink





(b) Functions- Section 111(d) (29 U.S.C. 2811(d)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (2), by striking `section 134(c)' and inserting `section 121(e)';CommentsClose CommentsPermalink





(2) by amending paragraph (3) to read as follows:CommentsClose CommentsPermalink





`(3) development and review of statewide policies affecting the integrated provision of services through the one-stop delivery system described in section 121 within the State, including--CommentsClose CommentsPermalink





`(A) the development of objective criteria and procedures for, and the issuance of, certifications of one-stop centers;CommentsClose CommentsPermalink





`(B) the criteria for the allocation of one-stop center infrastructure funding under section 121(h), and oversight of the use of such funds;CommentsClose CommentsPermalink





`(C) policies relating to the appropriate roles and contributions of 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, consistent with section 121;CommentsClose CommentsPermalink





`(D) strategies for providing effective outreach to individuals and employers who could benefit from services provided through the one-stop delivery system; andCommentsClose CommentsPermalink





`(E) strategies for technology improvements to facilitate access to services provided through the one-stop delivery system, in remote areas, and for individuals with disabilities, which may be utilized throughout the State;CommentsClose CommentsPermalink





`(F) identification and dissemination of information on best practices for effective operation of one-stop centers, including use of innovative business outreach, partnerships, and service delivery strategies, including for hard-to-serve populations; andCommentsClose CommentsPermalink





`(G) carrying out of such other matters as may promote statewide objectives for, and enhance the performance of, the one-stop delivery system;';CommentsClose CommentsPermalink





(3) in paragraph (4), by inserting `and the development of State criteria relating to the appointment and certification of local boards under section 117' after `section 116';CommentsClose CommentsPermalink





(4) in paragraph (5), by striking `128(b)(3)(B) and 133(b)(3)(B)' and inserting `sections 128(b)(3) and 133(b)(3)'; andCommentsClose CommentsPermalink





(5) in paragraph (8)--CommentsClose CommentsPermalink





(A) by striking `employment statistics system' and inserting `workforce and labor market information system'; andCommentsClose CommentsPermalink





(B) by striking `and' after the semicolon;CommentsClose CommentsPermalink





(6) in paragraph (9)--CommentsClose CommentsPermalink





(A) by striking `section 503' and inserting `section 136(i)'; andCommentsClose CommentsPermalink





(B) by striking the period and inserting `; and'; andCommentsClose CommentsPermalink





(7) by inserting the following new paragraph after paragraph (9):CommentsClose CommentsPermalink





`(10) reviewing and providing comment on the State plans of all one-stop partner programs, where applicable, in order to provide effective strategic leadership in the development of a high-quality, comprehensive statewide workforce investment system.'.CommentsClose CommentsPermalink





(c) Elimination of Alternative Entity and Provision of Authority To Hire Staff- Section 111(e) (29 U.S.C. 2821(e)) is amended to read as follows:CommentsClose CommentsPermalink





`(e) Authority To Hire Staff- The State board may hire staff to assist in carrying out the functions described in subsection (d).'.CommentsClose CommentsPermalink





(d) Conflict of Interest- Section 111(f)(1) (29 U.S.C. 2821(f)(1)) is amended by inserting `or participate in action taken' after `vote'.CommentsClose CommentsPermalink





(e) Sunshine Provision- Section 111(g) (29 U.S.C. 2821(g)) is amended--CommentsClose CommentsPermalink





(1) by inserting `, and modifications to the State plan,' after `State plan' ; andCommentsClose CommentsPermalink





(2) by inserting `, and modifications to the State plan' after `the plan'.CommentsClose CommentsPermalink

SEC. 104. STATE PLAN.

(a) Planning Cycle- Section 112(a) (29 U.S.C. 2822(a)) is amended by striking `5-year strategy' and inserting `2-year strategy'.CommentsClose CommentsPermalink





(b) Contents- Section 112(b) (29 U.S.C. 2822(b)) is amended--CommentsClose CommentsPermalink





(1) by amending paragraph (7) to read as follows:CommentsClose CommentsPermalink





`(7) a description of the State criteria for determining the eligibility of training providers in accordance with section 122, including how the State will take into account the performance of providers and whether the training programs relate to occupations that are in demand;';CommentsClose CommentsPermalink





(2) in paragraph (8)--CommentsClose CommentsPermalink





(A) in subparagraph (A)--CommentsClose CommentsPermalink





(i) in clause (ix), by striking `and' after the semicolon;CommentsClose CommentsPermalink





(ii) by adding the following new clause after clause (x):CommentsClose CommentsPermalink





`(xi) programs authorized under title II of the Social Security Act (42 U.S.C. 401 et seq.) (related to Federal old-age, survivors, and disability insurance benefits), title XVI of such Act (42 U.S.C. 1381 et seq.) (relating to supplemental security income), title XIX of such Act (42 U.S.C. 1396 et seq.) (relating to Medicaid), and title XX of such Act (42 U.S.C. 1397 et seq.) (relating to block grants to States for social services), programs authorized under title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796 et seq.), and programs carried out by State agencies relating to mental retardation and developmental disabilities; and';CommentsClose CommentsPermalink





(B) by amending subparagraph (B) to read as follows:CommentsClose CommentsPermalink





`(B) a description of common data collection and reporting processes used for the programs and activities described in subparagraph (A) that are one-stop partners, including assurances that such processes utilize quarterly wage records for performance measures relating to entry into employment, retention in employment, and average earnings that are applicable to such programs or activities, or, if such records are not being used, an identification of the barriers to such use and a description of how the State will address such barriers within one year of the approval of the plan;'; andCommentsClose CommentsPermalink





(3) in paragraph (11), by inserting `, including controls and procedures to ensure that the limitations on the costs of administration are not exceeded'.CommentsClose CommentsPermalink





(4) in paragraph (12)(A), by striking `sections 128(b)(3)(B) and 133(b)(3)(B)' and inserting `sections 128(b)(3) and 133(b)(3)';CommentsClose CommentsPermalink





(5) in paragraph (14), by striking `section 134(c)' and inserting `section 121(e)';CommentsClose CommentsPermalink





(6) in paragraph (17)(A)--CommentsClose CommentsPermalink





(A) in clause (iii) by striking `and';CommentsClose CommentsPermalink





(B) by amending clause (iv) to read as follows:CommentsClose CommentsPermalink





`(iv) how the State will serve the employment and training needs of dislocated workers (including displaced homemakers), low income individuals (including recipients of public assistance), individuals with limited English proficiency, homeless individuals, individuals training for nontraditional employment, and other individuals with multiple barriers to employment (including older individuals); and'; andCommentsClose CommentsPermalink





(C) by inserting after clause (iv) the following:CommentsClose CommentsPermalink





`(v) how the State will serve the employment and training needs of individuals with disabilities, consistent with section 188 and Executive Order 13217 (42 U.S.C. 12131 note; relating to community-based alternatives for individuals with disabilities) including the provision of outreach, intake, assessments, and service delivery, the development of performance measures established under section 136, the training of staff, and other aspects of accessibility to program services, consistent with sections 504 and 508 of the Rehabilitation Act of 1973; and';CommentsClose CommentsPermalink





(7) in paragraph (17)(B), by striking `to the extent practicable' and inserting `in accordance with the requirements of the Jobs for Veterans Act (PL 107-288)';CommentsClose CommentsPermalink





(8) in paragraph (18)(D), by striking `youth opportunity grants' and inserting `youth challenge grants'; andCommentsClose CommentsPermalink





(9) by adding at the end the following new paragraphs:CommentsClose CommentsPermalink





`(19) a description of the process and methodology for determining one-stop partner program contributions for the cost of the infrastructure of one-stop centers under section 121(h)(1) and of the formula for allocating such infrastructure funds to local areas under section 121(h)(3);CommentsClose CommentsPermalink





`(20) a description of the strategies and programs providing outreach to businesses, identifying workforce needs of businesses in the State, and ensuring that such needs will be met (including the needs of small businesses), which may include--CommentsClose CommentsPermalink





`(A) implementing innovative programs and strategies designed to meet the needs of all businesses in the State, including small businesses, which may include incumbent worker training programs, sectoral and industry cluster strategies, regional skills alliances, career ladder programs, utilization of effective business intermediaries, and other business services and strategies that better engage employers in workforce investment activities and make the statewide workforce investment system more relevant to the needs of State and local businesses, consistent with the objectives of this title; andCommentsClose CommentsPermalink





`(B) providing incentives and technical assistance to assist local areas in more fully engaging all employers, including small employers, in local workforce investment activities, to make the workforce investment system more relevant to the needs of area businesses, and to better coordinate workforce investment, economic development, and postsecondary education and training efforts to contribute to the economic well-being of the local area and region, as determined appropriate by the local board;CommentsClose CommentsPermalink





`(21) a description of how the State will utilize technology to facilitate access to services in remote areas which may be utilized throughout the State;CommentsClose CommentsPermalink





`(22) a description of the State strategy and assistance to be provided for encouraging regional cooperation within the State and across State borders as appropriate; andCommentsClose CommentsPermalink





`(23) a description of the actions that will be taken by the State to foster communication and partnerships with non-profit organizations (including community, faith-based, and philanthropic organizations) that provide employment-related, training, and complementary services, in order to enhance the quality and comprehensiveness of services available to participants under this title.'.CommentsClose CommentsPermalink





(c) Modification to Plan- Section 112(d) (29 U.S.C. 2822(d)) is amended by striking `5-year period' and inserting `2-year period'.CommentsClose CommentsPermalink

SEC. 105. LOCAL WORKFORCE INVESTMENT AREAS.

(a) Designation of Areas-CommentsClose CommentsPermalink





(1) CONSIDERATIONS- Section 116(a)(1)(B) (29 U.S.C. 2831(a)(1)(B)) is amended by adding at the end the following clause:CommentsClose CommentsPermalink





`(vi) The extent to which such local areas will promote efficiency in the administration and provision of services.'.CommentsClose CommentsPermalink





(2) AUTOMATIC DESIGNATION- Section 116(a)(2) (29 U.S.C. 2831(a)(2)) is amended to read as follows:CommentsClose CommentsPermalink





`(2) AUTOMATIC DESIGNATION-CommentsClose CommentsPermalink





`(A) IN GENERAL- Except as provided in subparagraph (B) of this paragraph and subsection (b), the Governor shall approve a request for designation as a local area from--CommentsClose CommentsPermalink





`(i) any unit of general local government with a population of 500,000 or more; andCommentsClose CommentsPermalink





`(ii) an area served by a rural concentrated employment program grant recipient that served as a service delivery area or substate area under the Job Training Partnership Act (29 U.S.C. 1501 et seq.),CommentsClose CommentsPermalink





for the 2-year period covered by a State plan under section 112 if such request is made not later than the date of the submission of the State plan.CommentsClose CommentsPermalink





`(B) CONTINUED DESIGNATION BASED ON PERFORMANCE- The Governor may deny a request for designation submitted pursuant to subparagraph (A) if such unit of government was designated as a local area for the preceding 2-year period covered by a State plan and the Governor determines that such local area did not perform successfully during such period.'.CommentsClose CommentsPermalink





(b) Single Local Area States- Section 116(b) (29 U.S.C. 2831(b)) is amended to read as follows:CommentsClose CommentsPermalink





`(b) Single Local Area States-CommentsClose CommentsPermalink





`(1) CONTINUATION OF PREVIOUS DESIGNATION- Notwithstanding subsection (a), the Governor of any State that was a single local area for purposes of this title as of July 1, 2007, may continue to designate the State as a single local area for purposes of this title if the Governor identifies the State as a local area in the State plan under section 112(b)(5).CommentsClose CommentsPermalink





`(2) NEW DESIGNATION- 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) requests such designation as a separate local area.CommentsClose CommentsPermalink





`(3) EFFECT ON LOCAL PLAN- In any case in which the local area is the State pursuant to this subsection, the local plan under section 118 shall be submitted to the Secretary for approval as part of the State plan under section 112.'.CommentsClose CommentsPermalink





(c) Regional Planning- Section 116(c)(1) (29 U.S.C. 2831(c)(1)) is amended by adding at the end the following: `The State may require the local boards for the designated region to prepare a single regional plan that incorporates the elements of the local plan under section 118 and that is submitted and approved in lieu of separate local plans under such section.'.CommentsClose CommentsPermalink

SEC. 106. LOCAL WORKFORCE INVESTMENT BOARDS.

(a) Composition- Section 117(b)(2) (29 U.S.C. 2832(b)(2)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (A)--CommentsClose CommentsPermalink





(A) in clause (i)(II), by inserting `, businesses that are in the leading industries in the local area, and large and small businesses in the local area' after `local area';CommentsClose CommentsPermalink





(B) by amending clause (ii) to read as follows:CommentsClose CommentsPermalink





`(ii) a superintendent of the local secondary school system and the president or chief executive officer of a postsecondary educational institution serving the local area (including community colleges, where such entities exist);';CommentsClose CommentsPermalink





(C) in clause (iii)--CommentsClose CommentsPermalink





(i) by striking `representatives' and inserting `one or more representatives'; andCommentsClose CommentsPermalink





(ii) by inserting `or by labor organizations in the local area' after `federations';CommentsClose CommentsPermalink





(D) in clause (iv)--CommentsClose CommentsPermalink





(i) by striking `representatives' and inserting `one or more representatives'; andCommentsClose CommentsPermalink





(ii) by striking the semicolon and inserting `and faith-based organizations; and';CommentsClose CommentsPermalink





(E) in clause (v) by inserting `one or more' before `representatives'; andCommentsClose CommentsPermalink





(F) by striking clause (vi); andCommentsClose CommentsPermalink





(2) in subparagraph (B), by striking the period and inserting `; and'; andCommentsClose CommentsPermalink





(3) by adding at the end the following subparagraph:CommentsClose CommentsPermalink





`(C) except for the individuals described in subparagraph(A)(ii), shall not include any individual who is employed by an entity receiving funds for the provision of services under chapters 4 or 5.'.CommentsClose CommentsPermalink





(b) Authority of Board Members- Section 117(b)(3) (29 U.S.C. 2832(b) is amended--CommentsClose CommentsPermalink





(1) in the heading, by inserting `and representation' after `members'; andCommentsClose CommentsPermalink





(2) by adding at the end the following: `The members of the board shall represent diverse geographic sections within the local area.'.CommentsClose CommentsPermalink





(c) Functions- Section 117(d) (29 U.S.C. 2832(d)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (2)(B), by striking `by awarding grants' and all that follows through `youth council';CommentsClose CommentsPermalink





(2) by striking paragraph (2)(D) and inserting the following:CommentsClose CommentsPermalink





`(D) IDENTIFICATION OF ELIGIBLE PROVIDERS OF WORK READY SERVICES- If the one-stop operator does not provide the work ready services described in section 134(c)(3)(M) through (U) in the local area, the local board shall identify eligible providers of such services in the local area by awarding contracts.';CommentsClose CommentsPermalink





(3) in paragraph (3)(B) by striking clause (ii) and inserting the following:CommentsClose CommentsPermalink





`(ii) STAFF- The local board may employ staff to assist in carrying out the functions described in this subsection.';CommentsClose CommentsPermalink





(4) in paragraph (4) by inserting `, and ensure the appropriate use and management of the funds provided under this title for such programs, activities, and system' after `area';CommentsClose CommentsPermalink





(5) in paragraph (6)--CommentsClose CommentsPermalink





(A) by striking `EMPLOYMENT STATISTICS SYSTEM' and inserting `WORKFORCE AND LABOR MARKET INFORMATION SYSTEM'; andCommentsClose CommentsPermalink





(B) by striking `employment statistics system' and inserting `workforce and labor market information system';CommentsClose CommentsPermalink





(6) by amending paragraph (8) to read as follows:CommentsClose CommentsPermalink





`(8) CONVENING, BROKERING, AND LEVERAGING- The local board shall support a comprehensive workforce investment system for the local area and promote the participation by private sector employers, service providers, and other stakeholders in such system. The Board shall ensure the effective provision, through the system, of convening, brokering, and leveraging activities, through intermediaries such as the one-stop operator in the local area or through other organizations, to assist such employers in meeting hiring needs. Such activities may include--CommentsClose CommentsPermalink





`(A) convening private sector employers, including small employers, labor, economic development, and education leaders in the area to align system missions and services, and to identify and meet the employment, education, and skills training needs of the local area in support of regional and local economic growth strategies;CommentsClose CommentsPermalink





`(B) providing leadership in the design and implementation of a comprehensive workforce development system that extends beyond those programs authorized under title I of this Act (including programs identified in section 121(b)) for the local area;CommentsClose CommentsPermalink





`(C) brokering relationships and service arrangements across system stakeholders and partners; andCommentsClose CommentsPermalink





`(D) leveraging resources other than those provided under title I of this Act, including public and private resources, to significantly expand resources available for employment and training activities identified as necessary in the local area.';CommentsClose CommentsPermalink





(7) by adding at the end the following:CommentsClose CommentsPermalink





`(9) TECHNOLOGY IMPROVEMENTS- The local board shall develop strategies for technology improvements to facilitate access to services, in remote areas, for services authorized under this subtitle and carried out in the local area.'.CommentsClose CommentsPermalink





(d) Limitations- Section 117(f) (29 U.S.C. 2832(f)) is amended by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink





`(2) WORK READY SERVICES, DESIGNATION, OR CERTIFICATION AS ONE-STOP OPERATORS- A local board may provide work ready services described in section (c)(d)(2) through a one-stop delivery system described in section 121 or be designated or certified as a one-stop operator only with the agreement of the chief elected official and the Governor.'.CommentsClose CommentsPermalink





(e) Conflict of Interest- Section 117(g)(1) (29 U.S.C. 2832(g)(1)) is amended by inserting `or participate in action taken' after `vote'.CommentsClose CommentsPermalink





(f) Authority To Establish Councils and Elimination of Requirement for Youth Councils- Section 117(h) (29 U.S.C. 2832(h)) is amended to read as follows:CommentsClose CommentsPermalink





`(h) Establishment of Councils- The local board may establish councils to provide information and advice to assist the local board in carrying out activities under this title. Such councils may include a council composed of one-stop partners to advise the local board on the operation of the one-stop delivery system, a youth council composed of experts and stakeholders in youth programs to advise the local board on activities for youth, and such other councils as the local board determines are appropriate.'.CommentsClose CommentsPermalink





(g) Repeal of Alternative Entity Provision- Section 117 (29 U.S.C. 2832) is further amended by striking subsection (i).CommentsClose CommentsPermalink

SEC. 107. LOCAL PLAN.

(a) Planning Cycle- Section 118(a) (29 U.S.C. 2833(a)) is amended by striking `5-year' and inserting `2-year'.CommentsClose CommentsPermalink





(b) Contents- Section 118(b) (29 U.S.C. 2833(b)) is amended--CommentsClose CommentsPermalink





(1) by amending paragraph (2) to read as follows:CommentsClose CommentsPermalink





`(2) a description of the one-stop delivery system to be established or designated in the local area, including 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 participants;';CommentsClose CommentsPermalink





(2) in paragraph (4)--CommentsClose CommentsPermalink





(A) by striking `and dislocated worker'; andCommentsClose CommentsPermalink





(B) by inserting before the semicolon `, including a description of how the local area will implement the requirements of section 134(c)(4)(G) relating to ensuring that training services are linked to occupations that are in demand';CommentsClose CommentsPermalink





(3) in paragraph (5), by striking `statewide rapid response activities' and inserting `statewide activities';CommentsClose CommentsPermalink





(4) in paragraph (9), by striking `; and' and inserting a semicolon; andCommentsClose CommentsPermalink





(5) by redesignating paragraph (10) as paragraph (13) and inserting after paragraph (9) the following:CommentsClose CommentsPermalink





`(10) a description of the strategies and services that will be initiated in the local area to more fully engage all employers, including small employers, in workforce investment activities, to make the workforce investment system more relevant to the needs of area businesses, and to better coordinate workforce investment and economic development efforts, which may include the implementation of innovative initiatives such as incumbent worker training programs, sectoral and industry cluster strategies, regional skills alliance initiatives, career ladder programs, utilization of effective business intermediaries, and other business services and strategies designed to meet the needs of area employers and contribute to the economic well-being of the local area, as determined appropriate by the local board, consistent with the objectives of this title;CommentsClose CommentsPermalink





`(11) a description of how the local board will facilitate access to services provided through the one-stop delivery system involved in remote areas, including facilitating access through the use of technology;CommentsClose CommentsPermalink





`(12) how the local area will serve the employment and training needs of individuals with disabilities, consistent with section 188 and Executive Order 13217 (42 U.S.C. 12131 note) including the provision of outreach, intake, assessments, and service delivery, the development of performance measures, the training of staff, and other aspects of accessibility to program services, consistent with sections 504 and 508 of the Rehabilitation Act of 1973; and'.CommentsClose CommentsPermalink

SEC. 108. ESTABLISHMENT OF ONE-STOP DELIVERY SYSTEMS.

(a) One-Stop Partners-CommentsClose CommentsPermalink





(1) REQUIRED PARTNERS- Section 121(b)(1) (29 U.S.C. 2841(b)(1)) is amended--CommentsClose CommentsPermalink





(A) by striking subparagraph (A) and inserting the following:CommentsClose CommentsPermalink





`(A) ROLES AND RESPONSIBILITIES OF ONE-STOP PARTNERS- Each entity that carries out a program or activities described in subparagraph (B) shall--CommentsClose CommentsPermalink





`(i) provide access through the one-stop delivery system to the programs and activities carried out by the entity, including making the work ready services described in section 134(d)(2) that are applicable to the program of the entity available at the one-stop centers (in addition to any other appropriate locations);CommentsClose CommentsPermalink





`(ii) use a portion of the funds available to the program of the entity to maintain the one-stop delivery system, including payment of the infrastructure costs of one-stop centers in accordance with subsection (h);CommentsClose CommentsPermalink





`(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);CommentsClose CommentsPermalink





`(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 programs carried out by the entity; andCommentsClose CommentsPermalink





`(v) provide representation on the State board to the extent provided under section 111.';CommentsClose CommentsPermalink





(B) in subparagraph (B)--CommentsClose CommentsPermalink





(i) by striking clauses (ii) and (v);CommentsClose CommentsPermalink





(ii) by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively, and by redesignating clauses (vi) through (xii) as clauses (iv) through (x), respectively;CommentsClose CommentsPermalink





(iii) in clause (ix) (as so redesignated), by striking `and' at the end;CommentsClose CommentsPermalink





(iv) in clause (x) (as so redesignated), by striking the period and inserting `; and'; andCommentsClose CommentsPermalink





(v) by inserting after clause (x)(as so redesignated) the following:CommentsClose CommentsPermalink





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





`(xii) programs authorized under section 6(d)(4) of the Food Stamp Act of 1977 (7 U.S.C. 2015(d)(4)), subject to subparagraph (C).'; andCommentsClose CommentsPermalink





(C) by adding after subparagraph (B) the following:CommentsClose CommentsPermalink





`(C) DETERMINATION BY THE GOVERNOR- The program referred to in clauses (xi) and (xii) of subparagraph (B) shall be included as a required partner for purposes of this title in a State unless the Governor of the State notifies the Secretary and the Secretary of Health and Human Services (in the case of the program referred to in clause (xi) of subparagraph (B)), or the Secretary and the Secretary of Agriculture (in the case of the program referred to in clause (xii) of subparagraph (B)) in writing of a determination by the Governor not to include such programs as required partners for purposes of this title in the State.'.CommentsClose CommentsPermalink





(2) ADDITIONAL PARTNERS- Section 121(b)(2)(B) (29 U.S.C. 2841(b)(2)(B)) is amended to read as follows:CommentsClose CommentsPermalink





`(B) PROGRAMS- The programs referred to in subparagraph (A) may include--CommentsClose CommentsPermalink





`(i) employment and training programs administered by the Social Security Administration, including the Ticket to Work program (established by Public Law 106-170);CommentsClose CommentsPermalink





`(ii) employment and training programs carried out by the Small Business Administration;CommentsClose CommentsPermalink





`(iii) programs under part D of title IV of the Social Security Act (42 U.S.C. 451 et seq.) (relating to child support enforcement);CommentsClose CommentsPermalink





`(iv) employment, training, and literacy services carried out by public libraries;CommentsClose CommentsPermalink





`(v) programs carried out in the local area for individuals with disabilities, including programs carried out by State agencies relating to mental health, mental retardation, and developmental disabilities, State Medicaid agencies, State Independent Living Councils, and Independent Living Centers;CommentsClose CommentsPermalink





`(vi) programs authorized under the National and Community Service Act of 1990 (42 U.S.C. 1250 et seq.);CommentsClose CommentsPermalink





`(vii) cooperative extension programs carried out by the Department of Agriculture; andCommentsClose CommentsPermalink





`(viii) other appropriate Federal, State, or local programs, including programs in the private sector.'.CommentsClose CommentsPermalink





(b) Local Memorandum of Understanding- Section 121(c)(2)(A) (29 U.S.C. 2841(c)(2)(A)) is amended to read as follows:CommentsClose CommentsPermalink





`(A) provisions describing--CommentsClose CommentsPermalink





`(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 through such system;CommentsClose CommentsPermalink





`(ii) how the costs of such services and the operating costs of such system will be funded, through cash and in-kind contributions, to provide a stable and equitable funding stream for ongoing one-stop system operations, including the funding of the infrastructure costs of one-stop centers in accordance with subsection (h);CommentsClose CommentsPermalink





`(iii) methods of referral of individuals between the one-stop operator and the one-stop partners for appropriate services and activities; andCommentsClose CommentsPermalink





`(iv) the duration of the memorandum of understanding and the procedures for amending the memorandum during the term 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'.CommentsClose CommentsPermalink





(c) Provision of Services- Subtitle B of title I is amended--CommentsClose CommentsPermalink





(1) in section 121(d)(2), by striking `section 134(c)' and inserting `subsection (e)';CommentsClose CommentsPermalink





(2) by striking subsection (e) of section 121;CommentsClose CommentsPermalink





(3) by moving subsection (c) of section 134 from section 134, redesignating such subsection as subsection (e), and inserting such subsection (as so redesignated) after subsection (d) of section 121; andCommentsClose CommentsPermalink





(4) by amending subsection (e) of section 121 (as moved and redesignated by paragraph (3))--CommentsClose CommentsPermalink





(A) in paragraph (1)(A), by striking `core services described in subsection (d)(2)' and inserting `work ready services described in section 134(c)(2)';CommentsClose CommentsPermalink





(B) in paragraph (1)(B)--CommentsClose CommentsPermalink





(i) by striking `intensive services';CommentsClose CommentsPermalink





(ii) by striking `paragraphs (3) and (4) of subsection (d)' and inserting `section 134(c)(4)';CommentsClose CommentsPermalink





(iii) by striking `individual training accounts' and inserting `career enhancement accounts'; andCommentsClose CommentsPermalink





(iv) by striking `subsection (d)(4)(G)' and inserting `section 134(c)(4)(G)';CommentsClose CommentsPermalink





(C) in paragraph (1)(C), by striking `subsection (e)' and inserting `section 134(d)';CommentsClose CommentsPermalink





(D) in paragraph (1)(D), by striking `section 121(b)' and inserting `subsection (b)';CommentsClose CommentsPermalink





(E) by amending paragraph (1)(E) to read as follows:CommentsClose CommentsPermalink





`(E) shall provide access to the information described in section 15(e) of the Wagner-Peyser Act (29 U.S.C. 49l-2(e)).'; andCommentsClose CommentsPermalink





(F) in paragraph (2)(B)(ii)(II), by striking `core services' and inserting `work ready services'.CommentsClose CommentsPermalink





(d) Certification and Funding of One-Stop Centers- Section 121 (as amended by subsections (b) and (c)) is further amended by adding at the end the following new subsections:CommentsClose CommentsPermalink





`(g) Certification of One-Stop Centers-CommentsClose CommentsPermalink





`(1) IN GENERAL-CommentsClose CommentsPermalink





`(A) IN GENERAL- The State board shall establish objective procedures and criteria for periodically certifying one-stop centers for the purpose of awarding the one-stop infrastructure funding described in subsection (h).CommentsClose CommentsPermalink





`(B) CRITERIA- The criteria for certification under this subsection shall include minimum standards relating to the scope and degree of service integration achieved by the centers involving the programs provided by the one-stop partners, and how the centers ensure that such providers meet the employment needs of local employers and participants.CommentsClose CommentsPermalink





`(C) EFFECT OF CERTIFICATION- One-stop centers certified under this subsection shall be eligible to receive the infrastructure grants authorized under subsection (h).CommentsClose CommentsPermalink





`(2) LOCAL BOARDS- Consistent with the criteria developed by the State, the local board may develop additional criteria of higher standards to respond to local labor market and demographic conditions and trends.CommentsClose CommentsPermalink





`(h) One-Stop Infrastructure Funding-CommentsClose CommentsPermalink





`(1) PARTNER CONTRIBUTIONS-CommentsClose CommentsPermalink





`(A) PROVISION OF FUNDS- Notwithstanding any other provision of law, as determined under subparagraph (B), a portion of the Federal funds provided to the State and areas within the State under the Federal laws authorizing the one-stop partner programs described in subsection (b)(1)(B) and participating additional partner programs described in (b)(2)(B) for a fiscal year shall be provided to the Governor by such programs to carry out this subsection.CommentsClose CommentsPermalink





`(B) DETERMINATION OF GOVERNOR-CommentsClose CommentsPermalink





`(i) IN GENERAL- Subject to subparagraph (C), the Governor, in consultation with the State board, shall determine the portion of funds to be provided under subparagraph (A) by each one-stop partner and in making such determination shall consider the proportionate use of the one-stop centers by each partner, the costs of administration for purposes not related to one-stop centers for each partner, and other relevant factors described in paragraph (3).CommentsClose CommentsPermalink





`(ii) SPECIAL RULE- In those States where the State constitution places policy-making 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 II of this Act and for postsecondary career education activities authorized under the Carl D. Perkins Career and Technical Education Act, the determination described in clause (i) with respect to such programs shall be made by the Governor with the appropriate entity or official with such independent policy-making authority.CommentsClose CommentsPermalink





`(iii) APPEAL BY ONE-STOP PARTNERS- The Governor shall establish a procedure for the one-stop partner administering a program described in subsection (b) to appeal a determination regarding the portion of funds to be contributed under this paragraph on the basis that such determination is inconsistent with the criteria described in the State plan or with the requirements of this paragraph. Such procedure shall ensure prompt resolution of the appeal.CommentsClose CommentsPermalink





`(C) LIMITATIONS-CommentsClose CommentsPermalink





`(i) PROVISION FROM ADMINISTRATIVE FUNDS- 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 limitations with respect to the portion of funds under such programs that may be used for administration.CommentsClose CommentsPermalink





`(ii) FEDERAL DIRECT SPENDING PROGRAMS- Programs that are Federal direct spending under section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)(8)) shall not, for purposes of this paragraph, be required to provide an amount in excess of the amount determined to be equivalent to the proportionate use of the one-stop centers by such programs in the State.CommentsClose CommentsPermalink





`(iii) NATIVE AMERICAN PROGRAMS- Native American programs established under section 166 shall not be subject to the provisions of this subsection. The method for determining the appropriate portion of funds to be provided by such Native American programs to pay for the costs of infrastructure of a one-stop center certified under subsection (g) 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.CommentsClose CommentsPermalink





`(2) ALLOCATION BY GOVERNOR- From the funds provided under paragraph (1), the Governor shall allocate funds to local areas in accordance with the formula established under paragraph (3) for the purposes of assisting in paying the costs of the infrastructure of One-Stop centers certified under subsection (g).CommentsClose CommentsPermalink





`(3) ALLOCATION FORMULA- The State board shall develop a formula to be used by the Governor to allocate the funds described in paragraph (1). The formula shall include such factors as the State board determines are appropriate, which may include factors such as the number of centers in the local area that have been certified, the population served by such centers, and the performance of such centers.CommentsClose CommentsPermalink





`(4) COSTS OF INFRASTRUCTURE- For purposes of this subsection, the term `costs of infrastructure' means the nonpersonnel costs that are necessary for the general operation of a one-stop center, including the rental costs of the facilities, the costs of utilities and maintenance, and equipment (including adaptive technology for individuals with disabilities).CommentsClose CommentsPermalink





`(i) Other Funds-CommentsClose CommentsPermalink





`(1) IN GENERAL- In addition to the funds provided to carry out subsection (h), a portion of funds made available under Federal law authorizing the one-stop partner programs described in subsection (b)(1)(B) and participating partner programs described in subsection (b)(2)(B), or the noncash resources available under such programs shall be used to pay the costs relating to the operation of the one-stop delivery system that are not paid for from the funds provided under subsection (h), to the extent not inconsistent with the Federal law involved including--CommentsClose CommentsPermalink





`(A) infrastructure costs that are in excess of the funds provided under subsection (h);CommentsClose CommentsPermalink





`(B) common costs that are in addition to the costs of infrastructure; andCommentsClose CommentsPermalink





`(C) the costs of the provision of work ready services applicable to each program.CommentsClose CommentsPermalink





`(2) DETERMINATION AND GUIDANCE- The method for determining the appropriate portion of funds and noncash resources to be provided by each program under paragraph (1) shall be determined as part of the memorandum of understanding under subsection (c). The State board shall provide guidance to facilitate the determination of appropriate allocation of the funds and noncash resources in local areas.'.CommentsClose CommentsPermalink

SEC. 109. ELIGIBLE PROVIDERS OF TRAINING SERVICES.

Section 122 (29 U.S.C. 2842) is amended to read as follows:CommentsClose CommentsPermalink

`SEC. 122. IDENTIFICATION OF ELIGIBLE PROVIDERS OF TRAINING SERVICES.

`(a) Eligibility-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Governor, after consultation with the State board, shall establish criteria and procedures regarding the eligibility of providers of training services described in section 134(c)(4) to receive funds provided under section 133(b) for the provision of such training services.CommentsClose CommentsPermalink





`(2) PROVIDERS- Subject to the provisions of this section, to be eligible to receive the funds provided under section 133(b) for the provision of training services, the provider shall be--CommentsClose CommentsPermalink





`(A) a postsecondary educational institution that--CommentsClose CommentsPermalink





`(i) is eligible to receive Federal funds under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); andCommentsClose CommentsPermalink





`(ii) provides a program that leads to an associate degree, baccalaureate degree, or industry-recognized certification;CommentsClose CommentsPermalink





`(B) an entity that carries out programs 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.); orCommentsClose CommentsPermalink





`(C) another public or private provider of a program of training services.CommentsClose CommentsPermalink





`(3) INCLUSION IN LIST OF ELIGIBLE PROVIDERS- A provider described in subparagraph (A) or (C) of paragraph (2) shall comply with the criteria and procedures established under this section to be included on the list of eligible providers of training services described in subsection (d)(1). A provider described in paragraph (2)(B) shall be included on the list of eligible providers of training services described in subsection (d)(1) for so long as the provider remains certified by the Department of Labor to carry out the programs described in paragraph (2)(B).CommentsClose CommentsPermalink





`(b) Criteria-CommentsClose CommentsPermalink





`(1) IN GENERAL- The criteria established pursuant to subsection (a) shall take into account--CommentsClose CommentsPermalink





`(A) the performance of providers of training services with respect to the performance measures described in section 136 and other matters for which information is required under paragraph (2) and other appropriate measures of performance outcomes for those participants receiving training services under this subtitle (taking into consideration the characteristics of the population served and relevant economic conditions);CommentsClose CommentsPermalink





`(B) whether the training programs of such providers relate to occupations that are in demand,CommentsClose CommentsPermalink





`(C) the need to ensure access to training services throughout the State, including any rural areas;CommentsClose CommentsPermalink





`(D) the ability of providers to offer programs that lead to a degree or an industry-recognized certification, certificate, or mastery;CommentsClose CommentsPermalink





`(E) the information such providers are required to report to State agencies with respect to other Federal and State programs (other than the program carried out under this subtitle), including one-stop partner programs; andCommentsClose CommentsPermalink





`(F) such other factors as the Governor determines are appropriate to ensure the quality of services provided, the accountability of providers, that the one-stop centers will ensure that such providers meet the needs of local employers and participants, and the informed choice of participants under chapter 5.CommentsClose CommentsPermalink





`(2) INFORMATION- The criteria established by the Governor shall require that a provider of training services submit appropriate, accurate, and timely information to the State for purposes of carrying out subsection (d), with respect to participants receiving training services under this subtitle in the applicable program, including--CommentsClose CommentsPermalink





`(A) information on degrees and industry-recognized certifications received by such participants;CommentsClose CommentsPermalink





`(B) information on costs of attendance for such participants;CommentsClose CommentsPermalink





`(C) information on the program completion rate for such participants; andCommentsClose CommentsPermalink





`(D) information on the performance of the provider with respect to the performance measures described in section 136 for such participants (taking into consideration the characteristics of the population served and relevant economic conditions), which may include information specifying the percentage of such participants who entered unsubsidized employment in an occupation related to the program.CommentsClose CommentsPermalink





`(3) RENEWAL- The criteria established by the Governor shall also provide for biennial review and renewal of eligibility under this section for providers of training services.CommentsClose CommentsPermalink





`(4) LOCAL CRITERIA- A local board in the State may establish criteria in addition to the criteria established by the Governor, or may require higher levels of performance than required under the criteria established by the Governor, for purposes of determining the eligibility of providers of training services to receive funds described in subsection (a) to provide the services in the local area involved.CommentsClose CommentsPermalink





`(5) LIMITATION- In carrying out the requirements of this subsection, no personally identifiable information regarding a student, including Social Security number, student identification number, or other identifier, may be disclosed without the prior written consent of the parent or eligible student in compliance with section 444 of the General Education Provisions Act (20 U.S.C. 1232g).CommentsClose CommentsPermalink





`(c) Procedures- The procedures established under subsection (a) shall identify the application process for a provider of training services to become eligible to receive funds under section 133(b) for the provision of training services, and identify the respective roles of the State and local areas in receiving and reviewing applications and in making determinations of eligibility based on the criteria 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.CommentsClose CommentsPermalink





`(d) Information To Assist Participants in Choosing Providers- In order to facilitate and assist participants under chapter 5 in choosing providers of training services, the Governor shall ensure that an appropriate list or lists of providers determined eligible under this section in the State, including information regarding the occupations in demand that relate to the training programs of such providers, is provided to the local boards in the State to be made available to such participants and to members of the public through the one-stop delivery system in the State. The accompanying information shall consist of information provided by providers described in subparagraphs (A) and (C) of subsection (a)(2) in accordance with subsection (b) (including information on receipt of degrees and industry-recognized certifications, and costs of attendance, for participants receiving training services under this subtitle in applicable programs) and such other information as the Secretary determines is appropriate. 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.CommentsClose CommentsPermalink





`(e) Enforcement-CommentsClose CommentsPermalink





`(1) IN GENERAL- The criteria and procedures established under this section shall provide the following:CommentsClose CommentsPermalink





`(A) INTENTIONALLY SUPPLYING INACCURATE INFORMATION- Upon a determination, by an individual or entity specified in the criteria or procedures, that a provider of training services, or individual providing information on behalf of the provider, intentionally supplied inaccurate information under this section, the eligibility of such provider to receive funds under chapter 5 shall be terminated for a period of time that is not less than 2 years.CommentsClose CommentsPermalink





`(B) SUBSTANTIAL VIOLATIONS- Upon a determination, by an individual or entity specified in the criteria or procedures, that a provider of training services substantially violated any requirement under this title, the eligibility of such provider to receive funds under the program involved may be terminated, or other appropriate action may be taken.CommentsClose CommentsPermalink





`(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 during a period of noncompliance described in such subparagraph.CommentsClose CommentsPermalink





`(2) CONSTRUCTION- Paragraph (1) shall be construed to provide remedies and penalties that supplement, but do not supplant, other civil and criminal remedies and penalties.CommentsClose CommentsPermalink





`(f) Agreements With Other States- States may enter into agreements, on a reciprocal basis, to permit eligible providers of training services to accept career enhancement accounts provided in another State.CommentsClose CommentsPermalink





`(g) Recommendations- In developing the criteria, procedures, and information required under this section, the Governor shall solicit and take into consideration the recommendations of local boards and providers of training services within the State.CommentsClose CommentsPermalink





`(h) Opportunity To Submit Comments- During the development of the criteria, procedures, requirements for information, and the list of eligible providers required under this section, the Governor shall provide an opportunity for interested members of the public, including representatives of business and labor organizations, to submit comments regarding such criteria, procedures, and information.CommentsClose CommentsPermalink





`(i) On-the-Job Training or Customized Training Exception-CommentsClose CommentsPermalink





`(1) IN GENERAL- Providers of on-the-job training or customized training shall not be subject to the requirements of subsections (a) through (g).CommentsClose CommentsPermalink





`(2) COLLECTION AND DISSEMINATION OF INFORMATION- A one-stop operator in a local area shall collect such performance information from on-the-job training and customized training providers as the Governor may require, determine whether the providers meet such performance criteria as the Governor may require, and disseminate information identifying 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.'.CommentsClose CommentsPermalink

SEC. 110. ELIGIBLE PROVIDERS OF YOUTH ACTIVITIES.

(a) Eligible Providers of Youth Activities- Section 123 (29 U.S.C. 2843) is amended to read as follows:CommentsClose CommentsPermalink

`SEC. 123. ELIGIBLE PROVIDERS OF YOUTH ACTIVITIES.

`(a) In General- From the funds allocated under section 128(b) to a local area, the local board for such area shall award grants or contracts on a competitive basis to providers of youth activities identified based on the criteria in the State plan and shall conduct oversight with respect to such providers.CommentsClose CommentsPermalink





`(b) Exceptions- A local board may award grants or contracts on a sole-source basis if such board determines there are an insufficient number of eligible providers of training services in the local area involved (such as rural areas) for grants to be awarded on a competitive basis under subsection (a).'.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of contents in section 1(b) is amended by amending the item related to section 123 to read as follows:CommentsClose CommentsPermalink





`Sec. 123. Eligible providers of youth activities.'.CommentsClose CommentsPermalink

SEC. 111. YOUTH ACTIVITIES.

(a) State Allotments- Section 127 (29 U.S.C. 2852(a)) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)(1), by striking `opportunity' and inserting `challenge'; andCommentsClose CommentsPermalink





(2) by striking subsection (b) and inserting the following:CommentsClose CommentsPermalink





`(b) Allotment Among States-CommentsClose CommentsPermalink





`(1) YOUTH ACTIVITIES-CommentsClose CommentsPermalink





`(A) YOUTH CHALLENGE GRANTS-CommentsClose CommentsPermalink





`(i) RESERVATION OF FUNDS- Of the amount appropriated under section 137(a) for each fiscal year, the Secretary shall reserve 25 percent to provide youth challenge grants under section 169.CommentsClose CommentsPermalink





`(ii) LIMITATION- Notwithstanding clause (i), if the amount appropriated under section 137(a) for a fiscal year exceeds $1,000,000,000, the Secretary shall reserve $250,000,000 to provide youth challenge grants under section 169.CommentsClose CommentsPermalink





`(B) OUTLYING AREAS AND NATIVE AMERICANS-CommentsClose CommentsPermalink





`(i) IN GENERAL- After determining the amount to be reserved under subparagraph (A), of the remainder of the amount appropriated under section 137(a) for each fiscal year the Secretary shall--CommentsClose CommentsPermalink





`(I) reserve not more than 1/4 of one percent of such amount to provide assistance to the outlying areas to carry out youth activities and statewide workforce investment activities; andCommentsClose CommentsPermalink





`(II) reserve not more than 1 and 1/2 percent of such amount to provide youth activities under section 166 (relating to Native Americans).CommentsClose CommentsPermalink





`(ii) RESTRICTION- The Republic of Palau shall cease to be eligible to receive funding under this subparagraph upon entering into an agreement for extension of United States educational assistance under the Compact of Free Association (approved by the Compact of Free Association Amendments Act of 2003 (Public Law 108-188)) after the date of enactment of the Workforce Investment Improvement Act of 2007.CommentsClose CommentsPermalink





`(C) STATES-CommentsClose CommentsPermalink





`(i) IN GENERAL- Of the remainder of the amount appropriated under section 137(a) for a fiscal year that is available after determining the amounts to be reserved under subparagraphs (A) and (B), the Secretary shall allot--CommentsClose CommentsPermalink





`(I) the amount of the remainder that is less than or equal to the total amount that was allotted to States for fiscal year 2007 under section 127(b)(1)(C) of this Act (as in effect on the day before the date of enactment of the Workforce Investment Improvement Act of 2007) in accordance with the requirements of such section 127(b)(1)(C); andCommentsClose CommentsPermalink





`(II) the amount of the remainder, if any, in excess of the amount referred to in subclause (I) in accordance with clause (ii).CommentsClose CommentsPermalink





`(ii) FORMULAS FOR EXCESS FUNDS- Subject to clauses (iii) and (iv), of the amounts described in clause (i)(II)--CommentsClose CommentsPermalink





`(I) 33 1/3 percent shall be allotted on the basis of the relative number of individuals in the civilian labor force who are ages 16 through 19 in each State, compared to the total number of individuals in the civilian labor force who are ages 16 through 19 in all States;CommentsClose CommentsPermalink





`(II) 33 1/3 percent shall be allotted on the basis of the relative number of unemployed individuals in each State, compared to the total number of unemployed individuals in all States; andCommentsClose CommentsPermalink





`(III) 33 1/3 percent shall be allotted 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.CommentsClose CommentsPermalink





`(iii) MINIMUM AND MAXIMUM PERCENTAGES- The Secretary shall ensure that no State shall receive an allotment for a fiscal year that is less than 90 percent or greater than 130 percent of the allotment percentage of that State for the preceding fiscal year.CommentsClose CommentsPermalink





`(iv) SMALL STATE MINIMUM ALLOTMENT- Subject to clause (iii), the Secretary shall ensure that no State shall receive an allotment under this paragraph that is less than 3/10 of 1 percent of the amount available under subparagraph (A).CommentsClose CommentsPermalink





`(2) DEFINITIONS- For the purposes of paragraph (1), the following definitions apply:CommentsClose CommentsPermalink





`(A) ALLOTMENT PERCENTAGE- The term `allotment percentage', used with respect to fiscal year 2008 or a subsequent fiscal year, means a percentage of the remainder described in paragraph (1)(C)(i) that is received through an allotment made under this subsection for the fiscal year. The term, with respect to fiscal year 2007, means the percentage of the amounts allotted to States under this chapter (as in effect on the day before the date of enactment of the Workforce Investment Improvement Act of 2007) that is received by the State involved for fiscal year 2007.CommentsClose CommentsPermalink





`(B) DISADVANTAGED YOUTH- The term `disadvantaged youth' means an individual who is age 16 through 21 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 the poverty line.CommentsClose CommentsPermalink





`(3) SPECIAL RULE- For purposes of the formulas specified in paragraph (1)(C), 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.';CommentsClose CommentsPermalink





(3) in subsection (c)--CommentsClose CommentsPermalink





(A) by amending paragraph (2) to read as follows:CommentsClose CommentsPermalink





`(2) AMOUNT- The amount available for reallotment for a program year is equal to the amount by which the unexpended balance at the end of the program year prior to the program year for which the determination is made exceeds 30 percent of the total amount of funds available to the State under this section during such prior program year (including amounts allotted to the State in all prior program years that remained available). For purposes of this paragraph, the expended balance is the amount that is the difference between--CommentsClose CommentsPermalink





`(A) the total amount of funds available to the State under this section during the program year prior to the program year for which the determination is made (including amounts allotted to the State in all prior program years that remained available); andCommentsClose CommentsPermalink





`(B) the accrued expenditures during such prior program year.';CommentsClose CommentsPermalink





(B) in paragraph (3)--CommentsClose CommentsPermalink





(i) by striking `for the prior program year' and inserting `for the program year in which the determination is made'; andCommentsClose CommentsPermalink





(ii) by striking `such prior program year' and inserting `such program year';CommentsClose CommentsPermalink





(C) by amending paragraph (4) to read as follows:CommentsClose CommentsPermalink





`(4) ELIGIBILITY- For purposes of this subsection, an eligible State means a State which does not have an amount available for reallotment under paragraph (2) for the program year for which the determination under paragraph (2) is made.'; andCommentsClose CommentsPermalink





(D) in paragraph (5), by striking `obligation' and inserting `accrued expenditure'.CommentsClose CommentsPermalink





(b) Within State Allocations-CommentsClose CommentsPermalink





(1) RESERVATION FOR STATEWIDE ACTIVITIES- Section 128(a) is amended to read as follows:CommentsClose CommentsPermalink





`(a) Reservation for Statewide Activities-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Governor of a State shall reserve not more than 10 percent of the amount allotted to the State under section 127(a)(1)(C) for a fiscal year for statewide activities.CommentsClose CommentsPermalink





`(2) USE OF FUNDS- Regardless of whether the amounts are allotted under section 127(a)(1)(C) and reserved under paragraph (1) or allotted under section 132 and reserved under section 133(a), the Governor may use the reserved amounts to carry out statewide youth activities under section 129(b) or statewide employment and training activities under section 133.'.CommentsClose CommentsPermalink





(2) WITHIN STATE ALLOCATIONS- Section 128(b) is amended to read as follows:CommentsClose CommentsPermalink





`(b) Within State Allocation-CommentsClose CommentsPermalink





`(1) IN GENERAL- Of the amounts allotted to the State under section 127(a)(1)(C) and not reserved under subsection (a)(1)--CommentsClose CommentsPermalink





`(A) not less than 80 percent of such amounts shall be allocated by the Governor to local areas in accordance with paragraph (2); andCommentsClose CommentsPermalink





`(B) not more than 20 percent of such amounts shall be allocated by the Governor to local areas in accordance with paragraph (3).CommentsClose CommentsPermalink





`(2) ESTABLISHED FORMULA-CommentsClose CommentsPermalink





`(A) IN GENERAL- Of the amounts described in paragraph (1)(A), the Governor shall allocate--CommentsClose CommentsPermalink





`(i) 33 1/3 percent shall be allotted on the basis of the relative number of individuals in the civilian labor force who are ages 16 through 19 in each local area, compared to the total number of individuals in the civilian labor force who are ages 16 through 19 in all local areas in the State;CommentsClose CommentsPermalink





`(ii) 33 1/3 percent shall be allotted 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; andCommentsClose CommentsPermalink





`(iii) 33 1/3 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.CommentsClose CommentsPermalink





`(B) MINIMUM AND MAXIMUM PERCENTAGES- The Governor shall ensure that no local area shall receive an allocation for a fiscal year under this paragraph that is less than 90 percent or greater than 130 percent of the allocation percentage of the local area for the preceding fiscal year.CommentsClose CommentsPermalink





`(C) DEFINITIONS-CommentsClose CommentsPermalink





`(i) ALLOCATION PERCENTAGE- For purposes of this paragraph, the term `allocation percentage', used with respect to fiscal year 2008 or a subsequent fiscal year, means a percentage of the amount described in paragraph(1)(A) that is received through an allocation made under this paragraph for the fiscal year. The term, with respect to fiscal year 2007, means the percentage of the amounts allocated to local areas under this chapter (as in effect on the day before the date of enactment of the Workforce Investment Improvement Act of 2007) that is received by the local area involved for fiscal year 2007.CommentsClose CommentsPermalink





`(ii) DISADVANTAGED YOUTH- The term `disadvantaged youth' means an individual who is age 16 through 21 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 the poverty line.CommentsClose CommentsPermalink





`(3) YOUTH DISCRETIONARY ALLOCATION- The Governor shall allocate to local areas the amounts described in paragraph (1)(B) in accordance with such demographic and economic factors as the Governor, after consultation with the State board and local boards, determines are appropriate.CommentsClose CommentsPermalink





`(4) LOCAL ADMINISTRATIVE COST LIMIT-CommentsClose CommentsPermalink





`(A) IN GENERAL- Of the amounts allocated to a local area under this subsection for a fiscal year, not more than 10 percent of the amount may be used by the local boards for the administrative costs of carrying out local workforce investment activities under this chapter or chapter 5.CommentsClose CommentsPermalink





`(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 5, regardless of whether the funds were allocated under this subsection or section 133(b).'.CommentsClose CommentsPermalink





(3) REALLOCATION- Section 128(c) (29 U.S.C. 2853(c)) is amended--CommentsClose CommentsPermalink





(A) in paragraph (1), by striking `paragraph (2)(A) or (3) of';CommentsClose CommentsPermalink





(B) by amending paragraph (2) to read as follows:CommentsClose CommentsPermalink





`(2) AMOUNT- The amount available for reallocation for a program year is equal to the amount by which the unexpended balance at the end of the program year prior to the program year for which the determination is made exceeds 30 percent of the total amount of funds available to the local area under this section during such prior program year, (including amounts allotted to the local area in prior program years that remain available). For purposes of this paragraph, the unexpended balance is the amount that is the difference between--CommentsClose CommentsPermalink





`(A) the total amount of funds available to the local area under this section during the program year prior to the program year for which the determination is made (including amounts allocated to the local area in all prior program years that remained available); andCommentsClose CommentsPermalink





`(B) the accrued expenditures during such prior program year.';CommentsClose CommentsPermalink





(C) in paragraph (3)--CommentsClose CommentsPermalink





(i) by striking `subsection (b)(3)' the first two places it appears and inserting `subsection (b)';CommentsClose CommentsPermalink





(ii) by striking `the prior program year' and inserting `the program year in which the determination is made';CommentsClose CommentsPermalink





(iii) by striking `such prior program year' and inserting `such program year'; andCommentsClose CommentsPermalink





(iv) by striking the last sentence; andCommentsClose CommentsPermalink





(D) by amending paragraph (4) to read as follows:CommentsClose CommentsPermalink





`(4) ELIGIBILITY- For purposes of this subsection, an eligible local area means a local area which does not have an amount available for reallocation under paragraph (2) for the program year for which the determination under paragraph (2) is made.'.CommentsClose CommentsPermalink





(c) Youth Participant Eligibility- Section 129(a) (29 U.S.C. 2854(a)) is amended to read as follows:CommentsClose CommentsPermalink





`(a) Youth Participant Eligibility-CommentsClose CommentsPermalink





`(1) IN GENERAL- The individuals participating in activities carried out under this chapter by a local area during any program year shall be individuals who, at the time the eligibility determination is made, are--CommentsClose CommentsPermalink





`(A) not younger than age 16 or older than age 24; andCommentsClose CommentsPermalink





`(B) one or more of the following:CommentsClose CommentsPermalink





`(i) school dropouts;CommentsClose CommentsPermalink





`(ii) recipients of a secondary school diploma, General Educational Development credential (GED), or other State-recognized equivalent (including recognized alternative standards for individuals with disabilities) who are deficient in basic skills and not attending any school;CommentsClose CommentsPermalink





`(iii) court-involved youth attending an alternative school;CommentsClose CommentsPermalink





`(iv) youth in foster care or who have been in foster care; orCommentsClose CommentsPermalink





`(v) in school youth who are low-income individuals and one or more of the following:CommentsClose CommentsPermalink





`(I) Deficient in literacy skills.CommentsClose CommentsPermalink





`(II) Homeless, runaway, or foster children.CommentsClose CommentsPermalink





`(III) Pregnant or parents.CommentsClose CommentsPermalink





`(IV) Offenders.CommentsClose CommentsPermalink





`(V) Individuals who require additional assistance to complete an educational program, or to secure and hold employment.CommentsClose CommentsPermalink





`(2) PRIORITY FOR SCHOOL DROPOUTS- A priority in the provision of services under this chapter shall be given to individuals who are school dropouts.CommentsClose CommentsPermalink





`(3) LIMITATIONS ON ACTIVITIES FOR IN-SCHOOL YOUTH-CommentsClose CommentsPermalink





`(A) PERCENTAGE OF FUNDS- For any program year, not more than 50 percent of the funds available for statewide activities under subsection (b), and not more than 50 percent of funds available to local areas under subsection (c), may be used to provide activities for in-school youth meeting the requirements of paragraph (1)(B)(v).CommentsClose CommentsPermalink





`(B) EXCEPTION- A State that receives a minimum allotment under section 127(b)(1) in accordance with section 127(b)(1)(C)(iv) or under section 132(b)(1) in accordance with section 132(b)(1)(B)(iv)(II) may increase the percentage described in subparagraph (A) for a local area in the State, if--CommentsClose CommentsPermalink





`(i) after an analysis of the eligible youth population in the local area, the State determines that the local area will be unable to use at least 50 percent of the funds available for activities under subsection (b) or (c) to serve out-of-school youth due to a low number of out-of-school youth; andCommentsClose CommentsPermalink





`(ii)(I) the State submits to the Secretary, for the local area, a request including a proposed increased percentage for purposes of subparagraph (A), and the summary of the eligible youth population analysis; andCommentsClose CommentsPermalink





`(II) the request is approved by the Secretary.CommentsClose CommentsPermalink





`(C) NON-SCHOOL HOURS REQUIRED-CommentsClose CommentsPermalink





`(i) IN GENERAL- Except as provided in clause (ii), activities carried out under this chapter for in-school youth meeting the requirements of paragraph (1)(B)(v) shall only be carried out in non-school hours or periods when school is not in session (such as before and after school or during recess).CommentsClose CommentsPermalink





`(ii) EXCEPTION- The requirements of clause (i) shall not apply to activities carried out for in-school youth meeting the requirements of paragraph (1)(B)(v) during school hours that are part of a program that has demonstrated effectiveness in high school youth attaining diplomas.CommentsClose CommentsPermalink





`(4) 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.'.CommentsClose CommentsPermalink





(d) Statewide Youth Activities- Section 129(b) (29 U.S.C. 2854(b)) is amended to read as follows:CommentsClose CommentsPermalink





`(b) Statewide Activities-CommentsClose CommentsPermalink





`(1) IN GENERAL- Funds reserved by a Governor for a State as described in sections 128(a) and 133(a)(1) may be used for statewide activities including--CommentsClose CommentsPermalink





`(A) additional assistance to local areas that have high concentrations of eligible youth;CommentsClose CommentsPermalink





`(B) supporting the provision of work ready services described in section 134(c)(2) in the one-stop delivery system;CommentsClose CommentsPermalink





`(C) conducting evaluations under section 136(e) of activities authorized under this chapter and chapter 5 in coordination with evaluations carried out by the Secretary under section 172, research, and demonstration projects;CommentsClose CommentsPermalink





`(D) providing incentive grants to local areas for regional cooperation among local boards (including local boards in a designated region as described in section 116(c)), for local coordination of activities carried out under this Act, and for exemplary performance by local areas on the local performance measures;CommentsClose CommentsPermalink





`(E) providing technical assistance and capacity building to local areas, one-stop operators, one-stop partners, and eligible providers, including the development and training of staff, the development of exemplary program activities, and the provision of technical assistance to local areas that fail to meet local performance measures;CommentsClose CommentsPermalink





`(F) operating a fiscal and management accountability system under section 136(f); andCommentsClose CommentsPermalink





`(G) carrying out monitoring and oversight of activities under this chapter and chapter 5.CommentsClose CommentsPermalink





`(2) LIMITATION- Not more than 5 percent of the funds allotted under section 127(b) shall be used by the State for administrative activities carried out under this subsection and section 133(a).CommentsClose CommentsPermalink





`(3) PROHIBITION- No funds described in this subsection or in section 134(a) may be used to develop or implement education curricula for school systems in the State.'.CommentsClose CommentsPermalink





(e) Local Elements and Requirements-CommentsClose CommentsPermalink





(1) PROGRAM DESIGN- Section 129(c)(1) (29 U.S.C. 2854(c) (1)) is amended--CommentsClose CommentsPermalink





(A) in the matter preceding subparagraph (A), by striking `paragraph (2)(A) or (3), as appropriate, of';CommentsClose CommentsPermalink





(B) in subparagraph (B), by inserting `are directly linked to one or more of the performance measures relating to this chapter under section 136, and that' after `for each participant that'; andCommentsClose CommentsPermalink





(C) in subparagraph (C)--CommentsClose CommentsPermalink





(i) by redesignating clauses (i) through (iv) as clauses (ii) through (v), respectively;CommentsClose CommentsPermalink





(ii) by inserting before clause (ii) (as so redesignated) the following:CommentsClose CommentsPermalink





`(i) activities leading to the attainment of a secondary school diploma, General Educational Development credential (GED), or other State-recognized equivalent (including recognized alternative standards for individuals with disabilities);';CommentsClose CommentsPermalink





(iii) in clause (ii) (as so redesignated), by inserting `and advanced training' after `opportunities';CommentsClose CommentsPermalink





(iv) in clause (iii) (as so redesignated), by inserting `that lead to the attainment of recognized credentials' after `learning'; andCommentsClose CommentsPermalink





(v) by amending clause (v) (as so redesignated) to read as follows:CommentsClose CommentsPermalink





`(v) effective connections to employers, including small employers, in sectors of the local and regional labor markets experiencing high growth in employment opportunities.'.CommentsClose CommentsPermalink





(2) PROGRAM ELEMENTS- Section 129(c)(2) (29 U.S.C. 2854(c)(2)) is amended--CommentsClose CommentsPermalink





(A) in subparagraph (A), by striking `secondary school, including dropout prevention strategies' and inserting `secondary school diploma, General Educational Development credential (GED), or other State-recognized equivalent (including recognized alternative standards for individuals with disabilities), including dropout prevention strategies';CommentsClose CommentsPermalink





(B) in subparagraph (I), by striking `and' at the end;CommentsClose CommentsPermalink





(C) in subparagraph (J), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink





(D) by adding at the end the following:CommentsClose CommentsPermalink





`(K) on-the-job training opportunities; andCommentsClose CommentsPermalink





`(L) financial literacy skills.'.CommentsClose CommentsPermalink





(3) ADDITIONAL REQUIREMENTS- Section 129(c)(3)(A) (29 U.S.C. 2854(c)(3)(A)) is amended in the matter preceding clause (i) by striking `or applicant who meets the minimum income criteria to be considered an eligible youth'.CommentsClose CommentsPermalink





(4) PRIORITY AND EXCEPTIONS- Section 129(c) (29 U.S.C. 2854(c)) is further amended--CommentsClose CommentsPermalink





(A) by striking paragraphs (4) and (5) and redesignating paragraphs (6) through (8) as paragraphs (4) through (6), respectively; andCommentsClose CommentsPermalink





(B) in paragraph (5) (as so redesignated), by striking `youth councils' and inserting `local boards'.CommentsClose CommentsPermalink

SEC. 112. COMPREHENSIVE PROGRAMS FOR ADULTS.

(a) Title Amendment-CommentsClose CommentsPermalink





(1) The title heading of chapter 5 is amended to read as follows:CommentsClose CommentsPermalink

`CHAPTER 5--COMPREHENSIVE EMPLOYMENT AND TRAINING ACTIVITIES FOR ADULTS'.

(2) CLERICAL AMENDMENT- The table of contents in section 1(b) is amended by amending the item related to the heading for chapter 5 to read as follows:CommentsClose CommentsPermalink

`Chapter 5--Comprehensive Employment and Training Activities for Adults'.

(b) General Authorization- Section 131 (29 U.S.C. 2861) is amended--CommentsClose CommentsPermalink





(1) by striking `paragraphs (1)(B) and (2)(B) of'; andCommentsClose CommentsPermalink





(2) by striking `, and dislocated workers,'.CommentsClose CommentsPermalink





(c) State Allotments- Section 132 (29 U.S.C. 2862) is amended--CommentsClose CommentsPermalink





(1) by amending subsection (a) to read as follows:CommentsClose CommentsPermalink





`(a) In General- The Secretary shall--CommentsClose CommentsPermalink





`(1) reserve 7.5 percent of the amount appropriated under section 137 for a fiscal year, of which--CommentsClose CommentsPermalink





`(A) not less than 85 percent shall be used for national dislocated worker grants under section 173;CommentsClose CommentsPermalink





`(B) not more than 10 percent may be used for demonstration projects under section 171; andCommentsClose CommentsPermalink





`(C) not more than 5 percent may be used to provide technical assistance under section 170; andCommentsClose CommentsPermalink





`(2) make allotments from 92.5 percent of the amount appropriated under section 137 for a fiscal year in accordance with subsection (b).';CommentsClose CommentsPermalink





(2) by amending subsection (b) to read as follows:CommentsClose CommentsPermalink





`(b) Allotment Among States for Adult Employment and Training Activities-CommentsClose CommentsPermalink





`(1) RESERVATION FOR OUTLYING AREAS-CommentsClose CommentsPermalink





`(A) IN GENERAL- From the amount made available under subsection (a)(2) for a fiscal year, the Secretary shall reserve not more than 1/4 of 1 percent to provide assistance to outlying areas to carry out employment and training activities for adults and statewide workforce investment activities.CommentsClose CommentsPermalink





`(B) RESTRICTION- The Republic of Palau shall cease to be eligible to receive funding under this paragraph upon entering into an agreement for extension of United States educational assistance under the Compact of Free Association (approved by the Compact of Free Association Amendments Act of 2003 (Public Law 108-188)) after the date of enactment of the Workforce Investment Improvement Act of 2007.CommentsClose CommentsPermalink





`(2) STATES- Subject to paragraph (5), of the remainder of the amount referred to under subsection (a)(2) for a fiscal year that is available after determining the amount to be reserved under paragraph (1), the Secretary shall allot to the States for employment and training activities for adults and for statewide workforce investment activities--CommentsClose CommentsPermalink





`(A) 26 percent in accordance with paragraph (3); andCommentsClose CommentsPermalink





`(B) 74 percent in accordance with paragraph (4).CommentsClose CommentsPermalink





`(3) BASE FORMULA-CommentsClose CommentsPermalink





`(A) FISCAL YEAR 2008-CommentsClose CommentsPermalink





`(i) IN GENERAL- Subject to clause (ii), the amount referred to in paragraph (2)(A) shall be allotted for fiscal year 2008 on the basis of allotment percentage of each State under section 6 of the Wagner-Peyser Act for fiscal year 2007.CommentsClose CommentsPermalink





`(ii) EXCESS AMOUNTS- If the amount referred to in paragraph (2)(A) for fiscal year 2008 exceeds the amount that was available for allotment to the States under the Wagner-Peyser Act for fiscal year 2007, such excess amount shall be allotted on the basis of the relative number of individuals in the civilian labor force in each State, compared to the total number of individuals in the civilian labor force in all States, adjusted to ensure that no State receives less than 3/10 of one percent of such excess amount.CommentsClose CommentsPermalink





`(iii) DEFINITION- For purposes of this subparagraph, the term `allotment percentage' means the percentage of the amounts allotted to States under section 6 of the Wagner-Peyser Act that is received by the State involved for fiscal year 2007.CommentsClose CommentsPermalink





`(B) FISCAL YEARS 2009 AND THEREAFTER-CommentsClose CommentsPermalink





`(i) IN GENERAL- Subject to clause (ii), the amount referred to in paragraph(2)(A) shall be allotted for fiscal year 2009 and each fiscal year thereafter on the basis of the allotment percentage of each State under this paragraph for the preceding fiscal year.CommentsClose CommentsPermalink





`(ii) EXCESS AMOUNTS- If the amount referred to in paragraph (2)(A) for fiscal year 2009 or any fiscal year thereafter exceeds the amount that was available for allotment under this paragraph for the prior fiscal year, such excess amount shall be allotted on the basis of the relative number of individuals in the civilian labor force in each State, compared to the total number of individuals in the civilian labor force in all States, adjusted to ensure that no State receives less than 3/10 of one percent of such excess amount.CommentsClose CommentsPermalink





`(iii) DEFINITION- For purposes of this subparagraph, the term `allotment percentage' means the percentage of the amounts allotted to States under this paragraph in a fiscal year that is received by the State involved for such fiscal year.CommentsClose CommentsPermalink





`(4) CONSOLIDATED FORMULA-CommentsClose CommentsPermalink





`(A) IN GENERAL- Subject to subparagraphs (B) and (C), of the amount referred to in paragraph (2)(B)--CommentsClose CommentsPermalink





`(i) 60 percent shall be allotted on the basis of the relative number of unemployed individuals in each State, compared to the total number of unemployed individuals in all States;CommentsClose CommentsPermalink





`(ii) 25 percent shall be allotted 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; andCommentsClose CommentsPermalink





`(iii) 15 percent shall be allotted on the basis of the relative number of disadvantaged adults in each State, compared to the total number of disadvantaged adults in all States.CommentsClose CommentsPermalink





`(B) MINIMUM AND MAXIMUM PERCENTAGES-CommentsClose CommentsPermalink





`(i) MINIMUM PERCENTAGE- The Secretary shall ensure that no State shall receive an allotment under this paragraph for a fiscal year that is less than 90 percent of the allotment percentage of the State under this paragraph for the preceding fiscal year.CommentsClose CommentsPermalink





`(ii) MAXIMUM PERCENTAGE- Subject to clause (i), the Secretary shall ensure that no State shall receive an allotment for a fiscal year under this paragraph that is more than 130 percent of the allotment of the State under this paragraph for the preceding fiscal year.CommentsClose CommentsPermalink





`(C) SMALL STATE MINIMUM ALLOTMENT- Subject to subparagraph (B), the Secretary shall ensure that no State shall receive an allotment under this paragraph that is less than 2/10 of 1 percent of the amount available under subparagraph (A).CommentsClose CommentsPermalink





`(D) DEFINITIONS- For the purposes of this paragraph:CommentsClose CommentsPermalink





`(i) ALLOTMENT PERCENTAGE- The term `allotment percentage', used with respect to fiscal year 2008 or a subsequent fiscal year, means a percentage of the amounts described in paragraph (2)(B) that is received through an allotment made under this paragraph for the fiscal year. The term, with respect to fiscal year 2007, means the percentage of the amounts allotted to States under this chapter (as in effect on the day before the date of enactment of the Workforce Investment Improvement Act of 2007) and under reemployment service grants received by the State involved for fiscal year 2007.CommentsClose CommentsPermalink





`(ii) DISADVANTAGED ADULT- The term `disadvantaged adult' means an individual who is age 22 through 72 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 the poverty line.CommentsClose CommentsPermalink





`(iii) 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 1/2 percent of the civilian labor force in the State.CommentsClose CommentsPermalink





`(5) ADJUSTMENTS IN ALLOTMENTS BASED ON DIFFERENCES WITH UNCONSOLIDATED FORMULAS-CommentsClose CommentsPermalink





`(A) IN GENERAL- The Secretary shall ensure that for any fiscal year no State has an allotment difference, as defined in subparagraph (C), that is less than zero. The Secretary shall adjust the amounts allotted to the States under this subsection in accordance with subparagraph (B) if necessary to carry out this subparagraph.CommentsClose CommentsPermalink





`(B) ADJUSTMENTS IN ALLOTMENTS-CommentsClose CommentsPermalink





`(i) REDISTRIBUTION OF EXCESS AMOUNTS-CommentsClose CommentsPermalink





`(I) IN GENERAL- If necessary to carry out subparagraph (A), the Secretary shall reduce the amounts that would be allotted under paragraphs (3) and (4) to States that have an excess allotment difference, as defined in subclause (II), by the amount of such excess, and use such amounts to increase the allotments to States that have an allotment difference less than zero.CommentsClose CommentsPermalink





`(II) EXCESS AMOUNTS- For purposes of subclause (I), the term `excess' allotment difference means an allotment difference for a State that is--CommentsClose CommentsPermalink

`(aa) in excess of 3 percent of the amount described in subparagraph (C)(i)(II); orCommentsClose CommentsPermalink

`(bb) in excess of a percentage established by the Secretary that is greater than 3 percent of the amount described in subparagraph (C)(i)(II) if the Secretary determines that such greater percentage is sufficient to carry out subparagraph (A).CommentsClose CommentsPermalink

`(ii) USE OF AMOUNTS AVAILABLE UNDER NATIONAL RESERVE ACCOUNT- If the funds available under clause (i) are insufficient to carry out subparagraph (A), the Secretary shall use funds reserved under section 132(a) in such amounts as are necessary to increase the allotments to States to meet the requirements of subparagraph (A). Such funds shall be used in the same manner as the States use the other funds allotted under this subsection.CommentsClose CommentsPermalink





`(C) DEFINITION OF ALLOTMENT DIFFERENCE-CommentsClose CommentsPermalink





`(i) IN GENERAL- For purposes of this paragraph, the term `allotment difference' means the difference between--CommentsClose CommentsPermalink





`(I) the total amount a State would receive of the amounts available for allotment under subsection (b)(2) for a fiscal year pursuant to paragraphs (3) and (4); andCommentsClose CommentsPermalink





`(II) the total amount the State would receive of the amounts available for allotment under subsection (b)(2) for the fiscal year if such amounts were allotted pursuant to the unconsolidated formulas (applied as described in clause (iii)) that were used in allotting funds for fiscal year 2007.CommentsClose CommentsPermalink





`(ii) UNCONSOLIDATED FORMULAS- For purposes of clause (i), the unconsolidated formulas are:CommentsClose CommentsPermalink





`(I) The requirements for the allotment of funds to the States contained in section 132(b)(1)(B) of this Act (as in effect on the day before the date of enactment of the Workforce Investment Improvement Act of 2007) that were applicable to the allotment of funds under such section for fiscal year 2007.CommentsClose CommentsPermalink





`(II) The requirements for the allotment of funds to the States contained in section 132(b)(2)(B) of this Act (as in effect on the day before the date of enactment of the Workforce Investment Improvement Act of 2007) that were applicable to the allotment of funds under such section for fiscal year 2007.CommentsClose CommentsPermalink





`(III) The requirements for the allotment of funds to the States that were contained in section 6 of the Wagner-Peyser Act (as in effect on the day before the date of enactment of the Workforce Investment Improvement Act of 2007) that were applicable to the allotment of funds under such Act for fiscal year 2007.CommentsClose CommentsPermalink





`(IV) The requirements for the allotment of funds to the States that were established by the Secretary for Reemployment Services Grants that were applicable to the allotment of funds for such grants for fiscal year 2007.CommentsClose CommentsPermalink





`(iii) PROPORTIONATE APPLICATION OF UNCONSOLIDATED FORMULAS BASED ON FISCAL YEAR 2007- In calculating the amount under clause (i)(II), each of the unconsolidated formulas identified in clause (ii) shall be applied, respectively, only to the proportionate share of the total amount of funds available for allotment under subsection (b)(2) for a fiscal year that is equal to the proportionate share to which each of the unconsolidated formulas applied with respect to the total amount of funds allotted to the States under all of the unconsolidated formulas in fiscal year 2007.CommentsClose CommentsPermalink





`(iv) RULE OF CONSTRUCTION- The amounts used to adjust the allotments to a State under subparagraph (B) for a fiscal year shall not be included in the calculation of the amounts under clause (i) for a subsequent fiscal year, including the calculation of allocation percentages for a preceding fiscal year applicable to paragraphs (3) and (4) and to the unconsolidated formulas described in clause (ii).'; andCommentsClose CommentsPermalink





(3) in subsection (c)--CommentsClose CommentsPermalink





(A) by amending paragraph (2) to read as follows:CommentsClose CommentsPermalink





`(2) AMOUNT- The amount available for reallotment for a program year is equal to the amount by which the unexpended balance at the end of the program year prior to the program year for which the determination is made exceeds 30 percent of the total amount of funds available to the State under this section during such prior program year (including amounts allotted to the State in all prior program years that remained available). For purposes of this paragraph, the expended balance is the amount that is the difference between--CommentsClose CommentsPermalink





`(A) the total amount of funds available to the State under this section during the program year prior to the program year for which the determination is made (including amounts allotted to the State in all prior program years that remained available); andCommentsClose CommentsPermalink





`(B) the accrued expenditures during such prior program year.';CommentsClose CommentsPermalink





(B) in paragraph (3)--CommentsClose CommentsPermalink





(i) by striking `for the prior program year' and inserting `for the program year in which the determination is made'; andCommentsClose CommentsPermalink





(ii) by striking `such prior program year' and inserting `such program year';CommentsClose CommentsPermalink





(C) by amending paragraph (4) to read as follows:CommentsClose CommentsPermalink





`(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.'; andCommentsClose CommentsPermalink





(D) in paragraph (5), by striking `obligation' and inserting `accrued expenditure'.CommentsClose CommentsPermalink





(d) Within State Allocations- Section 133 (29 U.S.C. 2863) is amended--CommentsClose CommentsPermalink





(1) by amending subsection (a) to read as follows:CommentsClose CommentsPermalink





`(a) Reservation for Statewide Activities- The Governor of a State may reserve up to 40 percent of the total amount allotted to the State under section 132 for a fiscal year to carry out the statewide activities described in section 134(a).';CommentsClose CommentsPermalink





(2) by amending subsection (b) to read as follows:CommentsClose CommentsPermalink





`(b) Allocations to Local Areas-CommentsClose CommentsPermalink





`(1) IN GENERAL- Of the amounts allotted to the State under section 132(b)(2) and not reserved under subsection (a)--CommentsClose CommentsPermalink





`(A) 85 percent of such amounts shall be allocated by the Governor to local areas in accordance with paragraph (2); andCommentsClose CommentsPermalink





`(B) 15 percent of such amounts shall be allocated by the Governor to local areas in accordance with paragraph (3).CommentsClose CommentsPermalink





`(2) ESTABLISHED FORMULA-CommentsClose CommentsPermalink





`(A) IN GENERAL- Of the amounts described in paragraph (1)(A), the Governor shall allocate--CommentsClose CommentsPermalink





`(i) 60 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;CommentsClose CommentsPermalink





`(ii) 25 percent on the basis of the relative excess number of unemployed individuals in each local area, compared to the total excess number of unemployed individuals in all local areas in the State; andCommentsClose CommentsPermalink





`(iii) 15 percent shall be allotted on the basis of the relative number of disadvantaged adults in each local area, compared to the total number of disadvantaged adults in all local areas in the State.CommentsClose CommentsPermalink





`(B) MINIMUM AND MAXIMUM PERCENTAGES- The Governor shall ensure that no local area shall receive an allocation for a fiscal year under this paragraph that is less than 90 percent or greater than 130 percent of the allocation percentage of the local area for the preceding fiscal year.CommentsClose CommentsPermalink





`(C) DEFINITIONS-CommentsClose CommentsPermalink





`(i) ALLOCATION PERCENTAGE- The term `allocation percentage', used with respect to fiscal year 2008 or a subsequent fiscal year, means a percentage of the amount described in paragraph (1)(A) that is received through an allocation made under this paragraph for the fiscal year. The term, with respect to fiscal year 2007, means the percentage of the amounts allocated to local areas under this chapter (as in effect on the day before the date of enactment of the Workforce Investment Improvement Act of 2007) that is received by the local area involved for fiscal year 2007.CommentsClose CommentsPermalink





`(ii) DISADVANTAGED ADULT- The term `disadvantaged adult' means an individual who is age 22 through 72 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 the poverty line.CommentsClose CommentsPermalink





`(iii) EXCESS NUMBER- The term `excess number' means, used with respect to the excess number of unemployed individuals within a local area, the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in the local area.CommentsClose CommentsPermalink





`(3) DISCRETIONARY ALLOCATION- The Governor shall allocate to local areas the amounts described in paragraph (1)(B) based on a formula developed in consultation with the State board and local boards. Such formula shall be objective and geographically equitable and may include such demographic and economic factors as the Governor, after consultation with the State board and local boards, determines are appropriate.CommentsClose CommentsPermalink





`(4) LOCAL ADMINISTRATIVE COST LIMIT-CommentsClose CommentsPermalink





`(A) IN GENERAL- Of the amounts allocated to a local area under this subsection and section 128(b) for a fiscal year, not more than 10 percent of the amount may be used by the local boards for the administrative costs of carrying out local workforce investment activities under this chapter or chapter 4.CommentsClose CommentsPermalink





`(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 4, regardless of whether the funds were allocated under this subsection or section 128(b).';CommentsClose CommentsPermalink





(3) in subsection (c)--CommentsClose CommentsPermalink





(A) in paragraph (1), by striking `paragraph (2)(A) or (3) of';CommentsClose CommentsPermalink





(B) by amending paragraph (2) to read as follows:CommentsClose CommentsPermalink





`(2) AMOUNT- The amount available for reallocation for a program year is equal to the amount by which the unexpended balance at the end of the program year prior to the program year for which the determination is made exceeds 30 percent of the total amount of funds available to the local area under this section during such prior program year (including amounts allotted to the local area in prior program years that remain available). For purposes of this paragraph, the unexpended balance is the amount that is the difference between--CommentsClose CommentsPermalink





`(A) the total amount of funds available to the local area under this section during the program year prior to the program year for which the determination is made (including amounts allocated to the local area in all prior program years that remained available); andCommentsClose CommentsPermalink





`(B) the accrued expenditures during such prior program year.';CommentsClose CommentsPermalink





(C) by amending paragraph (3)--CommentsClose CommentsPermalink





(i) by striking `subsection (b)(3)' the first two places it appears and inserting `subsection (b)';CommentsClose CommentsPermalink





(ii) by striking `the prior program year' and inserting `the program year in which the determination is made';CommentsClose CommentsPermalink





(iii) by striking `such prior program year' and inserting `such program year'; andCommentsClose CommentsPermalink





(iv) by striking the last sentence; andCommentsClose CommentsPermalink





(D) by amending paragraph (4) to read as follows:CommentsClose CommentsPermalink





`(4) ELIGIBILITY- For purposes of this subsection, an eligible local area means a local area which does not have an amount available for reallocation under paragraph (2) for the program year for which the determination under paragraph (2) is made.'.CommentsClose CommentsPermalink





(e) Use of Funds for Employment and Training Activities-CommentsClose CommentsPermalink





(1) STATEWIDE EMPLOYMENT AND TRAINING ACTIVITIES- Section 134(a) (29 U.S.C. 2864(a) is amended to read as follows:CommentsClose CommentsPermalink





`(1) IN GENERAL-CommentsClose CommentsPermalink





`(A) REQUIRED USE OF FUNDS- Not less than 60 percent of the funds reserved by a Governor under section 133(a) shall be used to support One-Stop delivery systems and the provision of work ready services, and, in addition, may be used to support the provision of discretionary one-step delivery services, in local areas, consistent with the local plan, through one-stop delivery systems by distributing funds to local areas in accordance with subparagraph (B). Such funds may be used by States to employ State personnel to provide such services in designated local areas in consultation with local boards.CommentsClose CommentsPermalink





`(B) METHOD OF DISTRIBUTING FUNDS- The method of distributing funds under this paragraph shall be developed in consultation with the State board and local boards. Such method of distribution, which may include the formula established under section 121(h)(3), shall be objective and geographically equitable, and may include factors such as the number of centers in the local area that have been certified, the population served by such centers, and the performance of such centers.CommentsClose CommentsPermalink





`(C) OTHER USE OF FUNDS- Funds reserved by a Governor for a State--CommentsClose CommentsPermalink





`(i) under section 133(a) and not used under subparagraph (A), may be used for statewide activities described in paragraph (2); andCommentsClose CommentsPermalink





`(ii) under section 133(a) and not used under subparagraph (A), and under section 128(a) may be used to carry out any of the statewide employment and training activities described in paragraph (3).CommentsClose CommentsPermalink





`(2) STATEWIDE RAPID RESPONSE ACTIVITIES- A State shall carry out statewide rapid response activities using funds reserved as described in section 133(a). Such activities shall include--CommentsClose CommentsPermalink





`(A) 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 in the local areas; andCommentsClose CommentsPermalink





`(B) 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 in the local areas.CommentsClose CommentsPermalink





`(3) STATEWIDE ACTIVITIES- Funds reserved by a Governor for a State as described in sections 133(a) and 128(a) may be used for statewide activities including--CommentsClose CommentsPermalink





`(A) supporting the provision of work ready services described in section 134(c)(2) in the one-stop delivery system;CommentsClose CommentsPermalink





`(B) implementing innovative programs and strategies designed to meet the needs of all businesses in the State, including small businesses, which may include incumbent worker training programs, sectoral and industry cluster strategies and partnerships, including regional skills alliances, sectoral skills partnerships (in which representatives of multiple employers for a specific industry sector or group of related occupations, economic development agencies, providers of training services described in subsection (d)(4), labor federations, 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, identify gaps between the current and expected demand and supply of labor and skills in that sector or group for that area or region and develop a strategic skills gap action plan), career ladder programs, micro-enterprise and entrepreneurial training and support programs, utilization of effective business intermediaries, activities to improve linkages between the one-stop delivery system in the State and all employers (including small employers) in the State, and other business services and strategies that better engage employers in workforce investment activities and make the workforce investment system more relevant to the needs of State and local businesses, consistent with the objectives of this title;CommentsClose CommentsPermalink





`(C) conducting evaluations under section 136(e) of activities authorized under this chapter and chapter 4 in coordination with evaluations carried out by the Secretary under section 172, research, and demonstration projects;CommentsClose CommentsPermalink





`(D) providing incentive grants to local areas for regional cooperation among local boards (including local boards in a designated region as described in section 116(c)), for local coordination of activities carried out under this Act, and for exemplary performance by local areas on the local performance measures;CommentsClose CommentsPermalink





`(E) providing technical assistance and capacity building to local areas, one-stop operators, one-stop partners, and eligible providers, including the development and training of staff, the development of exemplary program activities, and the provision of technical assistance to local areas that fail to meet local performance measures;CommentsClose CommentsPermalink





`(F) operating a fiscal and management accountability system under section 136(f);CommentsClose CommentsPermalink





`(G) carrying out monitoring and oversight of activities carried out under this chapter and chapter 4;CommentsClose CommentsPermalink





`(H) implementing innovative programs, such as incumbent worker training programs, programs and strategies designed to meet the needs of businesses in the State, including small businesses, and engage employers in workforce activities, and programs serving individuals with disabilities consistent with section 188;CommentsClose CommentsPermalink





`(I) developing strategies for effectively serving hard-to-serve populations and for integrating programs and services among one-stop partners; andCommentsClose CommentsPermalink





`(J) carrying out activities to facilitate remote access to services provided through a one-stop delivery system, including facilitating access through the use of technology.CommentsClose CommentsPermalink





`(4) LIMITATION- Not more than 5 percent of the funds allotted under section 132(b) shall be used by the State for administrative activities carried out under this subsection and section 128(a).'.CommentsClose CommentsPermalink





(2) LOCAL EMPLOYMENT AND TRAINING ACTIVITIES- Section 134(b) (29 U.S.C. 2864(b)) is amended--CommentsClose CommentsPermalink





(A) by striking `under paragraph (2)(A)' and all that follows through `section 133(b)(2)(B)' and inserting `under section 133(b)'; andCommentsClose CommentsPermalink





(B) in paragraphs (1) and (2), by striking `or dislocated workers, respectively'.CommentsClose CommentsPermalink





(3) TECHNICAL AMENDMENT- Section 134 is further amended by redesignating subsections (d) and (e) as subsections (c) and (d), respectively.CommentsClose CommentsPermalink





(4) REQUIRED LOCAL EMPLOYMENT AND TRAINING ACTIVITIES-CommentsClose CommentsPermalink





(A) ALLOCATED FUNDS- Section 134(c)(1) (29 U.S.C. 2864(c)(1)) (as redesignated by paragraph (3)) is amended to read as follows:CommentsClose CommentsPermalink





`(1) IN GENERAL- Funds allocated to a local area for adults under section 133(b) shall be used--CommentsClose CommentsPermalink





`(A) to establish a one-stop delivery system as described in section 121(e);CommentsClose CommentsPermalink





`(B) to provide the work ready services described in paragraph (2) through the one-stop delivery system in accordance with such paragraph;CommentsClose CommentsPermalink





`(C) to provide training services described in paragraph (4) to adults described in such paragraph; andCommentsClose CommentsPermalink





`(D) to designate a dedicated business liaison in the local area who 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.'.CommentsClose CommentsPermalink





(B) WORK READY SERVICES- Section 134(c)(2) (29 U.S.C. 2864(c)(2)) (as redesignated by paragraph (3)) is amended----CommentsClose CommentsPermalink





(i) in the heading, by striking `CORE SERVICES' and inserting `WORK READY SERVICES';CommentsClose CommentsPermalink





(ii) by striking `core services' and inserting `work ready services';CommentsClose CommentsPermalink





(iii) by striking `paragraph (1)(A)' and inserting `paragraph (1)(A)(i)';CommentsClose CommentsPermalink





(iv) by striking `who are adults or dislocated workers';CommentsClose CommentsPermalink





(v) in subparagraph (A), by inserting `and assistance in obtaining eligibility determinations under the other one-stop partner programs through such activities as assisting in the submission of applications, the provision of information on the results of such applications, the provision of intake services and information, and, where appropriate and consistent with the authorizing statute of the one-stop partner program, determinations of eligibility' after `subtitle';CommentsClose CommentsPermalink





(vi) by amending subparagraph (D) to read as follows:CommentsClose CommentsPermalink





`(D) labor exchange services, including--CommentsClose CommentsPermalink





`(i) job search and placement assistance, and where appropriate career counseling;CommentsClose CommentsPermalink





`(ii) appropriate recruitment services for employers, including small employers, in the local area, which may include services described in this subsection, including information and referral to specialized business services not traditionally offered through the one-stop delivery system; andCommentsClose CommentsPermalink





`(iii) reemployment services provided to unemployment claimants, including claimants identified as in need of such services under the worker profiling system established under section 303(j) of the Social Security Act (42 U.S.C. 503(j);';CommentsClose CommentsPermalink





(vii) in subparagraph (I), by inserting `and the administration of the work test for the unemployment compensation system' after `compensation'; andCommentsClose CommentsPermalink





(viii) by striking subparagraph (H) and inserting the following:CommentsClose CommentsPermalink





`(H) provision of accurate information, in formats that are usable and understandable to all 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 Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the earned income tax credit under section 32 of the Internal Revenue Code of 1986, and assistance under a State program 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 referral to such services or assistance as appropriate;'; andCommentsClose CommentsPermalink





(ix) by amending subparagraph (J) to read as follows:CommentsClose CommentsPermalink





`(J) assistance in establishing eligibility for programs of financial aid assistance for training and education programs that are not funded under this Act and are available in the local area; and'; andCommentsClose CommentsPermalink





(x) by redesignating subparagraph (K) as subparagraph (M); andCommentsClose CommentsPermalink





(xi) by inserting the following new subparagraphs after subparagraph (J)):CommentsClose CommentsPermalink





`(K) the provision of information from official publications of the Internal Revenue Service, regarding federal tax credits available to individuals relating to education, job training and employment, including the Hope Scholarship Credit and the Lifetime Learning Credit (26 U.S.C. 25A), and the Earned Income Tax Credit (26 U.S.C. 32);CommentsClose CommentsPermalink





`(L) services relating to the Work Opportunity Tax Credit (26 U.S.C. 51);CommentsClose CommentsPermalink





`(M) comprehensive and specialized assessments of the skill levels and service needs of adults and dislocated workers, which may include--CommentsClose CommentsPermalink





`(i) diagnostic testing and use of other assessment tools; andCommentsClose CommentsPermalink





`(ii) in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals;CommentsClose CommentsPermalink





`(N) development of an individual employment plan, to identify the employment goals, appropriate achievement objectives, and appropriate combination of services for the participation to achieve the employment goals;CommentsClose CommentsPermalink





`(O) group counseling;CommentsClose CommentsPermalink





`(P) individual counseling and career planning;CommentsClose CommentsPermalink





`(Q) case management;CommentsClose CommentsPermalink





`(R) short-term prevocational services, including development of learning skills, communications skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct, to prepare individuals for unsubsidized employment or training;CommentsClose CommentsPermalink





`(S) internships and work experience;CommentsClose CommentsPermalink





`(T) literacy activities relating to basic work readiness, information and communication technology literacy activities, and financial literacy activities, if such activities are not available to participants in the local area under programs administered under the Adult Education and Family Literacy Act (20 U.S.C. 2901 et seq.); andCommentsClose CommentsPermalink





`(U) out-of-area job search assistance and relocation assistance.'.CommentsClose CommentsPermalink





(C) DELIVERY OF SERVICES- Section 134(c)(3) (29 U.S.C. 2864(c)(3) (as redesignated by paragraph (3) of this subsection) is amended to read as follows:CommentsClose CommentsPermalink





`(3) DELIVERY OF SERVICES- The work ready services described in paragraph (M) through (U) shall be provided through the one-stop delivery system and may be provided through contracts with public, private for-profit, and private nonprofit service providers, approved by the local board.'.CommentsClose CommentsPermalink





(D) TRAINING SERVICES- Section 134(c)(4) (as redesignated by paragraph (3) of this subsection) is amended--CommentsClose CommentsPermalink





(i) by amending subparagraph (A) to read as follows:CommentsClose CommentsPermalink





`(A) IN GENERAL- Funds allocated to a local area under section 133(b) shall be used to provide training services to adults who--CommentsClose CommentsPermalink





`(i) after an interview, evaluation, or assessment, and case management, have been determined by a one-stop operator or one-stop partner, as appropriate, to--CommentsClose CommentsPermalink





`(I) be in need of training services to obtain or retain suitable employment; andCommentsClose CommentsPermalink





`(II) have the skills and qualifications to successfully participate in the selected program of training services;CommentsClose CommentsPermalink





`(ii) select programs of training services that are directly linked to the employment opportunities in the local area involved or in another area in which the adults receiving such services are willing to commute or relocate;CommentsClose CommentsPermalink





`(iii) who meet the requirements of subparagraph (B); andCommentsClose CommentsPermalink





`(iv) who are determined eligible in accordance with the priority system in effect under subparagraph (E).';CommentsClose CommentsPermalink





(ii) in subparagraph (B)(i), by striking `Except' and inserting `Notwithstanding section 479B of the Higher Education Act of 1965 (20 U.S.C. 1087uu) and except';CommentsClose CommentsPermalink





(iii) by amending subparagraph (D) to read as follows:CommentsClose CommentsPermalink





`(D) TRAINING SERVICES- Training services authorized under this paragraph may include--CommentsClose CommentsPermalink





`(i) occupational skills training;CommentsClose CommentsPermalink





`(ii) on-the-job training;CommentsClose CommentsPermalink





`(iii) skill upgrading and retraining;CommentsClose CommentsPermalink





`(iv) entrepreneurial training;CommentsClose CommentsPermalink





`(v) education activities leading to a high school diploma or its equivalent, including a General Educational Development credential, in combination with, concurrently or subsequently, occupational skills training;CommentsClose CommentsPermalink





`(vi) adult education and literacy activities provided in conjunction with other training authorized under this subparagraph;CommentsClose CommentsPermalink





`(vii) workplace training combined with related instruction; andCommentsClose CommentsPermalink





`(viii) occupational skills training that incorporates English language acquisition.';CommentsClose CommentsPermalink





(iv) by amending subparagraph (E) to read as follows:CommentsClose CommentsPermalink





`(E) PRIORITY-CommentsClose CommentsPermalink





`(i) IN GENERAL- A priority shall be given to unemployed individuals and employed workers who need training services to retain employment or to advance in a career for the provision of intensive and training services under this subsection.CommentsClose CommentsPermalink





`(ii) DETERMINATIONS- The Governor and the appropriate local board shall direct the one-stop operators in the local area with regard to making determinations with respect to the priority of service under this subparagraph.';CommentsClose CommentsPermalink





(v) in subparagraph (F), by striking clause (iii) and inserting the following:CommentsClose CommentsPermalink





`(iii) CAREER ENHANCEMENT ACCOUNTS- An individual who seeks training services and who is eligible pursuant to subparagraph (A), may, in consultation with a case manager, select an eligible provider of training services from the list or identifying information for providers described in clause (ii)(I). 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 a career enhancement account.CommentsClose CommentsPermalink





`(iv) COORDINATION- Each local board may, through one-stop centers, coordinate career enhancement accounts with other Federal, State, local, or private job training programs or sources to assist the individual in obtaining training services.CommentsClose CommentsPermalink





`(v) ENHANCED CAREER ENHANCEMENT ACCOUNTS- Each local board may, through one-stop centers, assist individuals receiving career enhancement accounts through the establishment of such accounts that include, in addition to the funds provided under this paragraph, funds from other programs and sources that will assist the individual in obtaining training services.'; andCommentsClose CommentsPermalink





(vi) in subparagraph (G)--CommentsClose CommentsPermalink





(I) in the subparagraph heading, by striking `INDIVIDUAL TRAINING ACCOUNTS' and inserting `CAREER ENHANCEMENT ACCOUNTS';CommentsClose CommentsPermalink





(II) in clause (i) by striking `individual training accounts' and inserting `career enhancement accounts';CommentsClose CommentsPermalink





(III) in clause (ii)--CommentsClose CommentsPermalink