HR 4227 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 4227CommentsClose CommentsPermalink

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

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

March 20, 2012CommentsClose CommentsPermalink

Mr. TIERNEY (for himself, Mr. HINOJOSA, and Mr. GEORGE MILLER of California) introduced the following bill; which was referred to the Committee on Education and the WorkforceCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To reauthorize the Workforce Investment Act of 1998 to strengthen the United States workforce investment system through innovation in, and alignment and improvement of, employment, training, and education programs, and to promote national economic growth, 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 AND TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Workforce Investment Act of 2012’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title and table of contents.CommentsClose CommentsPermalink





Sec. 2. Purposes and principles.CommentsClose CommentsPermalink

TITLE I--WORKFORCE INVESTMENT SYSTEMS

Subtitle A--Definitions

Sec. 101. Definitions.CommentsClose CommentsPermalink

Subtitle B--Statewide and Local Workforce Investment Systems

Sec. 111. State workforce investment boards and requirements for State plans.CommentsClose CommentsPermalink





Sec. 112. State unified plan.CommentsClose CommentsPermalink





Sec. 113. Local workforce investment areas and boards.CommentsClose CommentsPermalink





Sec. 114. Additional one-stop programs and activities.CommentsClose CommentsPermalink





Sec. 115. Providers of training services.CommentsClose CommentsPermalink





Sec. 116. Youth activities.CommentsClose CommentsPermalink





Sec. 117. Adult and dislocated worker training activities.CommentsClose CommentsPermalink





Sec. 118. Unified performance accountability system.CommentsClose CommentsPermalink





Sec. 119. Authorization of funding for one-stop infrastructure.CommentsClose CommentsPermalink

Subtitle C--Job Corps

Sec. 131. Purposes.CommentsClose CommentsPermalink





Sec. 132. Definitions.CommentsClose CommentsPermalink





Sec. 133. Individuals eligible for the Job Corps.CommentsClose CommentsPermalink





Sec. 134. Recruitment, screening, selection, and assignment of enrollees.CommentsClose CommentsPermalink





Sec. 135. Enrollment.CommentsClose CommentsPermalink





Sec. 136. Job Corps centers.CommentsClose CommentsPermalink





Sec. 137. Program activities.CommentsClose CommentsPermalink





Sec. 138. Support.CommentsClose CommentsPermalink





Sec. 139. Community participation.CommentsClose CommentsPermalink





Sec. 140. Industry councils.CommentsClose CommentsPermalink





Sec. 141. Experimental, research, and demonstration projects and College Corps program.CommentsClose CommentsPermalink





Sec. 142. Technical amendment.CommentsClose CommentsPermalink





Sec. 143. Performance accountability and management.CommentsClose CommentsPermalink





Sec. 144. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle D--National Programs

Sec. 151. Native American programs.CommentsClose CommentsPermalink





Sec. 152. Migrant and seasonal farmworker programs.CommentsClose CommentsPermalink





Sec. 153. Veterans workforce investment programs.CommentsClose CommentsPermalink





Sec. 154. Repeal.CommentsClose CommentsPermalink





Sec. 155. Technical assistance.CommentsClose CommentsPermalink





Sec. 156. Innovation projects.CommentsClose CommentsPermalink





Sec. 157. Workforce and youth innovation and best practices grants.CommentsClose CommentsPermalink





Sec. 158. Evaluations.CommentsClose CommentsPermalink





Sec. 159. National dislocated worker grants.CommentsClose CommentsPermalink





Sec. 160. Youthbuild program.CommentsClose CommentsPermalink





Sec. 161. Authorization of appropriations.CommentsClose CommentsPermalink





Sec. 162. Transition grants to States.CommentsClose CommentsPermalink





Sec. 163. Interagency agreement.CommentsClose CommentsPermalink

Subtitle E--Administration

Sec. 171. Requirements and restrictions.CommentsClose CommentsPermalink





Sec. 172. Fiscal controls or sanctions.CommentsClose CommentsPermalink





Sec. 173. Reports, recordkeeping, investigations.CommentsClose CommentsPermalink





Sec. 174. Administrative provisions.CommentsClose CommentsPermalink





Sec. 175. Repeals.CommentsClose CommentsPermalink





Sec. 176. General program requirements.CommentsClose CommentsPermalink





Sec. 177. Office of Disability Employment Policy.CommentsClose CommentsPermalink

Subtitle F--Community College to Career Fund

Sec. 181. Community College to Career Fund.CommentsClose CommentsPermalink

TITLE II--ADULT EDUCATION AND LITERACY

Sec. 201. Purposes, definitions, and miscellaneous provisions.CommentsClose CommentsPermalink





Sec. 202. Amendments to subtitle A.CommentsClose CommentsPermalink





Sec. 203. Amendments to subtitle B.CommentsClose CommentsPermalink





Sec. 204. Amendments to subtitle C.CommentsClose CommentsPermalink





Sec. 205. Amendments to subtitle D.CommentsClose CommentsPermalink

TITLE III--AMENDMENTS TO THE WAGNER-PEYSER ACT

Sec. 301. Employment service offices.CommentsClose CommentsPermalink





Sec. 302. Definitions.CommentsClose CommentsPermalink





Sec. 303. Federal and State employment service offices.CommentsClose CommentsPermalink





Sec. 304. Allotment of sums.CommentsClose CommentsPermalink





Sec. 305. Use of sums.CommentsClose CommentsPermalink





Sec. 306. State plan.CommentsClose CommentsPermalink





Sec. 307. Performance accountability measures.CommentsClose CommentsPermalink





Sec. 308. Pilot projects.CommentsClose CommentsPermalink





Sec. 309. Labor market information system.CommentsClose CommentsPermalink

TITLE IV--AMENDMENTS TO THE REHABILITATION ACT OF 1973

Subtitle A--Introductory Provisions

Sec. 401. References.CommentsClose CommentsPermalink





Sec. 402. Findings, purpose, policy.CommentsClose CommentsPermalink





Sec. 403. Rehabilitation Services Administration.CommentsClose CommentsPermalink





Sec. 404. Definitions.CommentsClose CommentsPermalink





Sec. 405. Administration of the Act.CommentsClose CommentsPermalink





Sec. 406. Reports.CommentsClose CommentsPermalink





Sec. 407. Evaluation.CommentsClose CommentsPermalink





Sec. 408. Carryover.CommentsClose CommentsPermalink





Sec. 409. Traditionally underserved populations.CommentsClose CommentsPermalink

Subtitle B--Vocational Rehabilitation Services

Sec. 411. Declaration of policy; authorization of appropriations.CommentsClose CommentsPermalink





Sec. 412. State plans.CommentsClose CommentsPermalink





Sec. 413. Eligibility and individualized plan for employment.CommentsClose CommentsPermalink





Sec. 414. Vocational rehabilitation services.CommentsClose CommentsPermalink





Sec. 415. State Rehabilitation Council.CommentsClose CommentsPermalink





Sec. 416. Performance accountability measures.CommentsClose CommentsPermalink





Sec. 417. Monitoring and review.CommentsClose CommentsPermalink





Sec. 418. Training and services for employers.CommentsClose CommentsPermalink





Sec. 419. State allotments.CommentsClose CommentsPermalink





Sec. 420. Client Assistance Program.CommentsClose CommentsPermalink





Sec. 421. Technical assistance for quality services.CommentsClose CommentsPermalink





Sec. 422. Pre-employment transition services.CommentsClose CommentsPermalink





Sec. 423. American Indian vocational rehabilitation services.CommentsClose CommentsPermalink

Subtitle C--Research and Training

Sec. 431. Purpose.CommentsClose CommentsPermalink





Sec. 432. Authorization of appropriations.CommentsClose CommentsPermalink





Sec. 433. National Institute on Disability and Rehabilitation Research.CommentsClose CommentsPermalink





Sec. 434. Interagency Committee.CommentsClose CommentsPermalink





Sec. 435. Research and other covered activities.CommentsClose CommentsPermalink





Sec. 436. Rehabilitation Research Advisory Council.CommentsClose CommentsPermalink





Sec. 437. Definition of covered school.CommentsClose CommentsPermalink

Subtitle D--Professional Development and Special Projects and Demonstration

Sec. 441. Training.CommentsClose CommentsPermalink





Sec. 442. Demonstration and training programs.CommentsClose CommentsPermalink





Sec. 443. Migrant and seasonal farmworkers.CommentsClose CommentsPermalink





Sec. 444. Recreational programs.CommentsClose CommentsPermalink

Subtitle E--National Council on Disability

Sec. 451. Report.CommentsClose CommentsPermalink





Sec. 452. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle F--Rights and Advocacy

Sec. 456. Board and Council.CommentsClose CommentsPermalink





Sec. 457. Protection and advocacy of individual rights.CommentsClose CommentsPermalink





Sec. 458. Standards for accessible medical diagnostic equipment.CommentsClose CommentsPermalink

Subtitle G--Employment Opportunities for Individuals With Disabilities

Sec. 461. Projects with industry.CommentsClose CommentsPermalink





Sec. 462. Authorization of appropriations.CommentsClose CommentsPermalink





Sec. 463. Supported employment services.CommentsClose CommentsPermalink

Subtitle H--Independent Living Services and Centers for Independent Living

Chapter 1--General Provisions

Sec. 471. Purpose.CommentsClose CommentsPermalink





Sec. 472. Independent Living Administration.CommentsClose CommentsPermalink





Sec. 473. Definitions.CommentsClose CommentsPermalink





Sec. 474. State plan.CommentsClose CommentsPermalink





Sec. 475. Statewide Independent Living Council.CommentsClose CommentsPermalink





Sec. 476. Responsibilities of the ILA Director.CommentsClose CommentsPermalink

Chapter 2--Independent Living Services

Sec. 477. Administration.CommentsClose CommentsPermalink

Chapter 3--Centers for Independent Living

Sec. 481. Program authorization.CommentsClose CommentsPermalink





Sec. 482. Centers.CommentsClose CommentsPermalink





Sec. 483. Standards and assurances.CommentsClose CommentsPermalink





Sec. 484. Authorization of appropriations.CommentsClose CommentsPermalink

Chapter 4--Independent Living Services for Older Individuals Who Are Blind

Sec. 486. Independent living services for older individuals who are blind.CommentsClose CommentsPermalink





Sec. 487. Program of grants.CommentsClose CommentsPermalink





Sec. 488. Independent living services for older individuals who are blind authorization of appropriations.CommentsClose CommentsPermalink

Subtitle I--Increasing Employment Opportunities for Individuals With Disabilities

Sec. 491. Disability employment.CommentsClose CommentsPermalink





Sec. 492. Table of contents.CommentsClose CommentsPermalink

SEC. 2. PURPOSES AND PRINCIPLES.

The purposes of this Act include the following:CommentsClose CommentsPermalink





(1) To increase economic growth by improving the education and skills of American workers.CommentsClose CommentsPermalink





(2) To ensure middle class prosperity through strong investment in talent and workforce development.CommentsClose CommentsPermalink





(3) To prepare the unemployed, the underemployed, and those most disadvantaged with skills to match up with employer needs.CommentsClose CommentsPermalink





(4) To provide individuals streamlined access to in-demand skills training and employment services by aligning education, training and workforce investment programs.CommentsClose CommentsPermalink





(5) To strengthen engagement with employers in in-demand industries and all sectors to meet the needs of employers.CommentsClose CommentsPermalink





(6) To improve the competitiveness and dynamism of the Nation’s future workforce by investing in college and career-ready pathways for young adults.CommentsClose CommentsPermalink





(7) To ensure accountability and efficiency through system performance measures that incentivize continuous improvement in services for workers and employers.CommentsClose CommentsPermalink





(8) To encourage private sector partnerships connecting employers, labor unions, community colleges, workforce boards and related stakeholders to develop workforce skills that meet employer needs, including career pathways, recognized postsecondary credentials, and regional planning.CommentsClose CommentsPermalink

TITLE I--WORKFORCE INVESTMENT SYSTEMSCommentsClose CommentsPermalink

Subtitle A--DefinitionsCommentsClose CommentsPermalink

SEC. 101. DEFINITIONS.

Section 101 is amended--CommentsClose CommentsPermalink





(1) by striking paragraph (24) and by redesignating--CommentsClose CommentsPermalink





(A) paragraphs (52) and (53) as paragraphs (60) and (61), respectively;CommentsClose CommentsPermalink





(B) paragraphs (40) through (51) as paragraphs (47) through (58), respectively;CommentsClose CommentsPermalink





(C) paragraphs (25) through (39) as paragraphs (31) through (45), respectively;CommentsClose CommentsPermalink





(D) paragraphs (18) through (23) as paragraphs (25) through (30), respectively;CommentsClose CommentsPermalink





(E) paragraph (17) as paragraph (22);CommentsClose CommentsPermalink





(F) paragraphs (12) through (16) as paragraphs (16) through (20), respectively;CommentsClose CommentsPermalink





(G) paragraphs (8) through (11), as paragraphs (11) through (14), respectively; andCommentsClose CommentsPermalink





(H) paragraphs (5) through (7) as paragraphs (6) through (8), respectively;CommentsClose CommentsPermalink





(2) by inserting after paragraph (4) the following:CommentsClose CommentsPermalink





‘(5) CAREER PATHWAY-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘career pathway’ means a sequence of education, training, and other supportive services, clearly articulated from one level of instruction to the next, that are designed to prepare individuals to meet a set of career-related objectives as referenced in subparagraph (C).CommentsClose CommentsPermalink





‘(B) SERVICES- The services referred to in subparagraph (A) shall be--CommentsClose CommentsPermalink





‘(i) aligned with the skill needs of industries in the State or regional economy involved;CommentsClose CommentsPermalink





‘(ii) designed to increase an individual’s educational and skill attainment, and improve the individual’s employment outcomes and ability to meet career-related objectives, by--CommentsClose CommentsPermalink





‘(I) preparing individuals for the full range of secondary or postsecondary education options, including apprenticeships registered under the Act of August 16, 1937 (commonly known as the ‘National Apprenticeship Act’; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.) (referred to individually in this Act as an ‘apprenticeship’, except in section 273);CommentsClose CommentsPermalink





‘(II) including supportive services and counseling to support individuals in achieving their education and career goals;CommentsClose CommentsPermalink





‘(III) including, as appropriate for an individual, education offered concurrently with and in the context of workforce preparation activities and training for a specific occupation or occupational cluster; andCommentsClose CommentsPermalink





‘(IV) when participants are adults, organizing courses to meet adult participants’ needs including flexible scheduling, multiple entry and exit points (that may correspond with work and stackable credentials), giving credit for learning toward credentials and adopting other strategies that accelerate the educational and career advancement of the participant to the extent practicable; andCommentsClose CommentsPermalink





‘(iii) at a minimum, provided through the alignment of core programs authorized under this Act with postsecondary education and training programs, consistent with descriptions included in the State and local plans.CommentsClose CommentsPermalink





‘(C) OBJECTIVES- The objectives referred to in subparagraph (A) include--CommentsClose CommentsPermalink





‘(i) enabling an individual to attain a secondary school diploma or its recognized equivalent, and at least 1 recognized postsecondary credential; andCommentsClose CommentsPermalink





‘(ii) helping a worker enter or advance within a specific occupation or occupational cluster.’;CommentsClose CommentsPermalink





(3) by inserting after paragraph (8) (as so redesignated), the following:CommentsClose CommentsPermalink





‘(9) CORE PROGRAM- The term ‘core programs’ means--CommentsClose CommentsPermalink





‘(A) chapter 4 and 5 of subtitle B of title I (relating to youth workforce investment activities and adult and dislocated worker employment and training activities);CommentsClose CommentsPermalink





‘(B) title II (relating to adult education and literacy activities);CommentsClose CommentsPermalink





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





‘(D) title I of the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), other than section 112 or part C of that title (29 U.S.C. 732, 741) (relating to vocational rehabilitation services).CommentsClose CommentsPermalink





‘(10) COSTS OF INFRASTRUCTURE- The term ‘costs of infrastructure’, used with respect to a one-stop center, means the nonpersonnel costs that are necessary for the operation of the one-stop center, including the rental costs of the facilities, the costs of utilities and maintenance, equipment (including assessment-related products and adaptive technology for individuals with disabilities), and technology to facilitate access to the one-stop center.’;CommentsClose CommentsPermalink





(4) by inserting after paragraph (14) (as so redesignated), the following:CommentsClose CommentsPermalink





‘(15) ECONOMIC SELF-SUFFICIENCY- The term ‘economic self-sufficiency’ means, with respect to a worker, earning a wage sufficient to support a family adequately and, over time, to save for emergency expenses and adequate retirement income, based on factors such as--CommentsClose CommentsPermalink





‘(A) family size;CommentsClose CommentsPermalink





‘(B) the cost of living in the worker’s community; andCommentsClose CommentsPermalink





‘(C) other factors that may vary by region.’;CommentsClose CommentsPermalink





(5) by inserting after paragraph (20) (as so redesignated), the following:CommentsClose CommentsPermalink





‘(21) IN-DEMAND INDUSTRY SECTOR OR OCCUPATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘in-demand industry sector or occupation’ means--CommentsClose CommentsPermalink





‘(i) an industry sector that--CommentsClose CommentsPermalink





‘(I) has a substantial current or forecasted impact on the regional economy overall, including attracting, expanding or retaining businesses or jobs (including, at a minimum, jobs that lead to economic self-sufficiency and opportunities for advancement) in the region;CommentsClose CommentsPermalink





‘(II) contributes to the growth of other supporting businesses, or the growth of other industry sectors within the region;CommentsClose CommentsPermalink





‘(III) provides workers with jobs that have competitive, family-sustaining wages and benefits; andCommentsClose CommentsPermalink





‘(IV) includes occupations that provide opportunities for career advancement; orCommentsClose CommentsPermalink





‘(ii) an occupation that--CommentsClose CommentsPermalink





‘(I) has a significant presence in an industry sector;CommentsClose CommentsPermalink





‘(II) has a shortage of available skilled workers;CommentsClose CommentsPermalink





‘(III) pays competitive, family-sustaining wages and benefits that enable workers to achieve economic self-sufficiency, or can reasonably be expected to lead to a position with such wages and benefits;CommentsClose CommentsPermalink





‘(IV) provides opportunities for career advancement; andCommentsClose CommentsPermalink





‘(V) has a significant impact in a region’s economy.CommentsClose CommentsPermalink





‘(B) DETERMINATION- The determination of whether an industry sector or occupation is an in-demand industry sector or occupation under this paragraph shall be made using national, State, or regional labor market information.’;CommentsClose CommentsPermalink





(6) by inserting after paragraph (22) (as so redesignated), the following:CommentsClose CommentsPermalink





‘(23) INDIVIDUAL WITH EMPLOYMENT BARRIERS- The term ‘individual with employment barriers’ means an individual with any characteristic that substantially limits an individual’s ability to obtain employment, including indicators of poor work history, lack of work experience or access to employment in nontraditional occupations, long-term unemployment, lack of educational or occupational skills attainment, dislocation from high-wage and high-benefit employment, low levels of literacy or English proficiency, disability status, homelessness, ex-offender status, or welfare dependency.CommentsClose CommentsPermalink





‘(24) INDUSTRY OR SECTOR PARTNERSHIP- The term ‘industry or sector partnership’ means a workforce collaborative that--CommentsClose CommentsPermalink





‘(A) organizes key stakeholders in an industry cluster into a working group that focuses on the workforce needs of the industry cluster and that includes, at the appropriate stage of development of the partnership--CommentsClose CommentsPermalink





‘(i) representatives of multiple businesses or other employers in the industry cluster, including small and medium-sized employers when practicable;CommentsClose CommentsPermalink





‘(ii) representatives of a recognized State labor organization or central labor council, a union representing employees in the industry or sector and another labor representative, as appropriate;CommentsClose CommentsPermalink





‘(iii) 1 or more representatives of an institution of higher education with, or another provider of, education or training programs that support the industry cluster, including career and technical education providers; andCommentsClose CommentsPermalink





‘(iv) the State workforce agency providing labor market information and employment services under the Wagner-Peyser Act; andCommentsClose CommentsPermalink





‘(B) may include representatives of--CommentsClose CommentsPermalink





‘(i) State or local government;CommentsClose CommentsPermalink





‘(ii) State or local economic development agencies;CommentsClose CommentsPermalink





‘(iii) State boards or local boards, as appropriate;CommentsClose CommentsPermalink





‘(iv) any local board that has established through its local plan a concentration of an industry cluster within its area;CommentsClose CommentsPermalink





‘(v) business or trade associations;CommentsClose CommentsPermalink





‘(vi) nonprofit organizations, community-based organizations, or intermediaries;CommentsClose CommentsPermalink





‘(vii) philanthropic organizations; andCommentsClose CommentsPermalink





‘(viii) other organizations, as determined to be necessary by the members comprising the industry or sector partnership.’.CommentsClose CommentsPermalink





(7) in paragraph (36) (as so redesignated), by striking ‘as appropriate to the occupation for which the participant is being trained’ and inserting ‘to a period not in excess of that generally required for acquisition of skills needed for the position with a particular occupation and’;CommentsClose CommentsPermalink





(8) by inserting after paragraph (44) (as so redesignated), the following:CommentsClose CommentsPermalink





‘(45) RECOGNIZED POSTSECONDARY CREDENTIAL- The term ‘recognized postsecondary credential’ means a credential awarded by a training provider or educational institution based on completion of all requirements for a program of study, including coursework or tests or other performance evaluations. The term includes an industry-recognized certificate, a certificate of completion of an apprenticeship, or an associate or baccalaureate degree.’; andCommentsClose CommentsPermalink





(9) by inserting after paragraph (57) (as so redesignated), the following:CommentsClose CommentsPermalink





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

Subtitle B--Statewide and Local Workforce Investment SystemsCommentsClose CommentsPermalink

SEC. 111. STATE WORKFORCE INVESTMENT BOARDS AND REQUIREMENTS FOR STATE PLANS.

(a) Size and Functions of the State Boards- Section 111 is amended--CommentsClose CommentsPermalink





(1) in subsection (b)--CommentsClose CommentsPermalink





(A) in paragraph (1)(C)--CommentsClose CommentsPermalink





(i) by amending clause (i)(I), by striking ‘including’ and inserting ‘shall include’; andCommentsClose CommentsPermalink





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





‘(vi)(I) lead State officials with primary responsibility for the program and activities that are described in section 121(b)(2)(B)(1) (i) through (iv); andCommentsClose CommentsPermalink





‘(II) the State agency officials responsible for economic development;’; andCommentsClose CommentsPermalink





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





‘(4) WORKER REPRESENTATION- Not less than 20 percent of the Board shall be comprised of representatives of the workforce within the State, and--CommentsClose CommentsPermalink





‘(A) shall include representatives described in clause (iii) of section 117(b)(2)(A);CommentsClose CommentsPermalink





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





‘(C) may include representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including representatives of organizations that serve out-of-school youth.’.CommentsClose CommentsPermalink





(2) in subsection (d)--CommentsClose CommentsPermalink





(A) in paragraph (8), by striking ‘; and’ and inserting a semicolon;CommentsClose CommentsPermalink





(B) in paragraph (9), by striking the period and inserting a semicolon; andCommentsClose CommentsPermalink





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





‘(10) promotion in the development of guidance on career pathways by aligning workforce investment programs for the purpose of providing individuals with barriers to employment, including low-skilled adults and youth, with the employment, training, education, and supportive services the individuals need to attain the necessary credentials to secure and advance in employment;CommentsClose CommentsPermalink





‘(11) promotion in the development of sector initiatives such as industry or sector partnerships relating to in-demand industry sectors and occupations;CommentsClose CommentsPermalink





‘(12) provision of guidance on the alignment and delivery of services between the local boards, one-stop operator, and State entities carrying out relevant State-administered programs;CommentsClose CommentsPermalink





‘(13) provision of technical assistance to local boards, one-stop partners, one-stop operators, and providers, as appropriate, in local areas concerning planning and delivering services; andCommentsClose CommentsPermalink





‘(14) staff training and education across programs supported under workforce investment systems in local areas.’.CommentsClose CommentsPermalink





(b) Required Content of State Plans- Section 112 is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking ‘a single State plan (referred to in this title as the ‘State plan’)’ and inserting ‘a single State plan (referred to in this title as the ‘State plan’) that shall include the State plans of all core program and’;CommentsClose CommentsPermalink





(2) in subsection (b)--CommentsClose CommentsPermalink





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





(i) in subparagraph (C), by striking ‘; and’ and inserting a semicolon; andCommentsClose CommentsPermalink





(ii) by adding at the end the following new subparagraphs:CommentsClose CommentsPermalink





‘(E) the State’s strategic vision and goals for preparing an educated and skilled workforce (including preparing youth and individuals with barriers to employment) and for meeting the skilled workforce needs of employers, including goals relating to performance accountability measures based on primary indicators of performance described in section 136(b)(2), in order to support economic growth and economic self-sufficiency; andCommentsClose CommentsPermalink





‘(F) a strategy not inconsistent with the program requirements of the core programs for aligning the core programs, as well as other resources available to the State, to achieve the strategic vision and goals described in subparagraph (E), including how the State will meet performance accountability measures based on the system-wide indicators described in section 136(b)(2)(A) in order to support program alignment.’;CommentsClose CommentsPermalink





(B) in paragraph (8)(A)--CommentsClose CommentsPermalink





(i) in clauses (ix) and (x), respectively, by striking ‘; and’ and inserting a semicolon; andCommentsClose CommentsPermalink





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





‘(xi) apprenticeship programs registered under the National Apprenticeship Act (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.);CommentsClose CommentsPermalink





‘(xii) State labor certification activities for employment-based immigration programs authorized under the Immigration and Nationality Act; andCommentsClose CommentsPermalink





‘(xiii) employment, training, and literacy services carried out by public libraries.’;CommentsClose CommentsPermalink





(C) in paragraph (12)(B), by inserting before the semicolon the following: ‘, and, after consultation with the local boards, specifying the minimum amount of Federal assistance under section 133(b) (2) and (3) provided to each local area that is to be spent on training’;CommentsClose CommentsPermalink





(D) in paragraph (17)(B), by striking ‘; and’ and inserting a semicolon;CommentsClose CommentsPermalink





(E) in paragraph (18)(D), by striking the period and inserting a semicolon; andCommentsClose CommentsPermalink





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





‘(19) a process for providing guidance to local areas and conducting oversight to ensure implementation of priority of service for adult employment and training activities; in accordance with section 134(d)(4)(E);CommentsClose CommentsPermalink





‘(20) a description of how the State will develop and implement career pathways and career and technical education by aligning workforce investment programs for the purpose of providing individuals, including low-skill adults and youth, with the employment, training, education, and supportive services the individuals need to attain the necessary credentials to secure and advance in employment;CommentsClose CommentsPermalink





‘(21) an objective assessment of the needs of individuals in the State or outlying area for adult education and literacy activities, including individuals with employment barriers;CommentsClose CommentsPermalink





‘(22) a description of how the eligible agency will develop program strategies for populations that include, at a minimum--CommentsClose CommentsPermalink





‘(A) low-income students;CommentsClose CommentsPermalink





‘(B) individuals with disabilities;CommentsClose CommentsPermalink





‘(C) single parents and displaced homemakers; andCommentsClose CommentsPermalink





‘(D) individuals with multiple barriers to educational enhancement, including individuals with limited English proficiency; andCommentsClose CommentsPermalink





‘(23) a description of how the adult education and literacy activities that will be carried out with any funds received under this subtitle will be integrated with other adult education, career development, and employment and training activities in the State or outlying area served by the eligible agency.’; andCommentsClose CommentsPermalink





(3) in subsection (c), by striking ‘Secretary of’ and inserting ‘appropriate Secretary of each core program’.CommentsClose CommentsPermalink

SEC. 112. STATE UNIFIED PLAN.

The Workforce Investment Act of 1998 is further amended--CommentsClose CommentsPermalink





(1) by striking section 501; andCommentsClose CommentsPermalink





(2) by inserting after section 112 the following:CommentsClose CommentsPermalink

‘SEC. 113. STATE UNIFIED PLAN.

‘(a) Purpose- The purpose of the State unified plan required by this section is to align education, training, and workforce development programs in support of a comprehensive workforce investment system.CommentsClose CommentsPermalink





‘(b) Definition of Appropriate Secretary- In this section, the term ‘appropriate Secretary’ means the head of the Federal agency who exercises administrative authority over an activity or program described in subsection (c).CommentsClose CommentsPermalink





‘(c) State Unified Plan-CommentsClose CommentsPermalink





‘(1) IN GENERAL- A State shall develop and submit to the appropriate Secretaries a State unified plan for the core programs and may develop and submit one or more of the program and activities described in paragraph (2) in lieu of submitting two or more plans, for the programs and activities and the core programs.CommentsClose CommentsPermalink





‘(2) PROGRAMS- The programs and activities referred to in paragraph (1) are as follows:CommentsClose CommentsPermalink





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





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





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





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





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





‘(F) Activities authorized under chapter 41 of title 38, United States Code.CommentsClose CommentsPermalink





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





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





‘(I) Employment and training activities carried out by the Department of Housing and Urban Development.CommentsClose CommentsPermalink





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





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





‘(d) Requirements-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The portion of a unified plan covering the core programs shall be subject to the requirements of section 112 and to the additional requirements contained in the authorizing statute of the core program, if any. The portion of such plan covering a program or activity described in subsection (b)(2) shall be subject to the requirements, if any, applicable to a plan or application for assistance for that program or activity.CommentsClose CommentsPermalink





‘(2) ADDITIONAL SUBMISSION NOT REQUIRED- A State that submits a State unified plan covering an activity or program described in subsection (b) that is approved under subsection (d) shall not be required to submit any other plan or application in order to receive Federal funds to carry out the activity or program.CommentsClose CommentsPermalink





‘(3) COORDINATION- A State unified plan shall include--CommentsClose CommentsPermalink





‘(A) a description of the methods used for joint planning and coordination of the programs and activities included in the unified plan; andCommentsClose CommentsPermalink





‘(B) an assurance that the methods included an opportunity for the entities responsible for planning or administering such programs and activities to review and comment on all portions of the unified plan.CommentsClose CommentsPermalink





‘(e) Approval by the Appropriate Secretaries-CommentsClose CommentsPermalink





‘(1) JURISDICTION- The appropriate Secretary shall have the authority to approve the portion of the State unified plan relating to the activity or program over which the appropriate Secretary exercises administrative authority. On the approval of the appropriate Secretary, the portion of the plan relating to the activity or program shall be implemented by the State pursuant to the applicable portion of the State unified plan.CommentsClose CommentsPermalink





‘(2) APPROVAL OF CORE PROGRAMS- No portion of the plan relating to a core program shall be implemented until the appropriate Secretary approves the corresponding portions of the plan for all core programs. Other core programs may continue in operation while new plan provisions are revised or are awaiting approval.CommentsClose CommentsPermalink





‘(3) TIMING OF APPROVAL-CommentsClose CommentsPermalink





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





‘(B) PLAN APPROVED BY 3 OR MORE APPROPRIATE SECRETARIES- If an appropriate Secretary other than the Secretary of Labor or the Secretary of Education has authority to approve a portion of a combined plan, that portion of the combined plan shall be considered to be approved by the appropriate Secretary at the end of the 90-day period beginning on the day the plan is submitted.CommentsClose CommentsPermalink





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





‘(4) LOCAL JURISDICTION- The appropriate local board shall approve the portion of the State unified plan relating to the activity or program over which the appropriate local board exercises administrative authority. On the approval of the appropriate local board, the portion of the plan relating to the activity or program shall be implemented by the State pursuant to the applicable portion of the State unified plan.’.CommentsClose CommentsPermalink

SEC. 113. LOCAL WORKFORCE INVESTMENT AREAS AND BOARDS.

(a) Planning Process for Different Types of Regions- Section 116(c)(1) is amended--CommentsClose CommentsPermalink





(1) by striking ‘As part of’ and inserting:CommentsClose CommentsPermalink





‘(A) As part of’;CommentsClose CommentsPermalink





(2) by striking ‘may’ each place it appears and inserting ‘shall’; andCommentsClose CommentsPermalink





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





‘(B) PLANNING FOR COOPERATIVE INITIATIVES AND ARRANGEMENTS- In the regions comprised of 2 or more local areas, the State shall, in consultation with local boards, require regional planning, and service delivery, by local boards in those regions. For the purpose of administrative efficiency, the State shall require the local boards in a planning region to participate in a regional planning process for cooperative initiatives and arrangements that result in--CommentsClose CommentsPermalink





‘(i) the establishment and implementation of regional service strategies and activities, including service delivery cooperative arrangements and regional approaches to address the employment and training needs of the region, including strategies that meet the need of individuals with barriers to employment;CommentsClose CommentsPermalink





‘(ii) as appropriate, the development and implementation of initiatives involving in-demand industry sectors or occupations;CommentsClose CommentsPermalink





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





‘(iv) the establishment of administrative and infrastructural cost sharing, as appropriate.CommentsClose CommentsPermalink





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





(b) Composition of the Board and Inclusion of Public Libraries- Section 117(b)(2)(A)(iv) is amended by striking ‘individuals with disabilities and’ and inserting ‘public libraries, individuals with disabilities, and’.CommentsClose CommentsPermalink





(c) Worker Representation- Section 117(b) is further amended by adding at the end the following:CommentsClose CommentsPermalink





‘(5) WORKER REPRESENTATION- Not less than 20 percent of the Board shall be comprised of representatives of the workforce within the local area, and--CommentsClose CommentsPermalink





‘(A) shall include representatives described in clause (iii) of paragraph (2)(A);CommentsClose CommentsPermalink





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





‘(C) may include representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including representatives of organizations that serve out-of-school youth.’.CommentsClose CommentsPermalink





(d) Required Functions of the Local Boards- Section 117(d) is amended--CommentsClose CommentsPermalink





(1) in the matter preceding paragraph (1), by striking ‘The functions’ and inserting ‘Consistent with section 118, the functions’;CommentsClose CommentsPermalink





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





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





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





(A) in subclause (II), by inserting ‘or the local board’ after ‘entity’;CommentsClose CommentsPermalink





(B) in subclause (III), by inserting ‘adult education, literacy and employment services’ after ‘workforce investment activities’;CommentsClose CommentsPermalink





(C) in subclause (III)(ii), by adding at the end the following: ‘which staff, including staff of a one-stop center, report to and are responsible to the local board and not the chief elected official’;CommentsClose CommentsPermalink





(4) in paragraph (4) by striking ‘with respect’ through ‘in local area’ and inserting ‘in its local area over the core programs as described in this Act’;CommentsClose CommentsPermalink





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





(A) in the paragraph heading, by striking ‘CONNECTING’ and inserting ‘CONVENING’;CommentsClose CommentsPermalink





(B) by striking ‘connecting’ and inserting ‘convening’; andCommentsClose CommentsPermalink





(C) by adding at the end the following: ‘and to link youth, dislocated workers and others to opportunities for employment, internships, registered apprenticeships, or work-based learning’; andCommentsClose CommentsPermalink





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





‘(9) CAREER PATHWAYS DEVELOPMENT- The local board, in consultation with the State board and with representatives of secondary, postsecondary, career and technical education, and adult education programs, shall lead efforts in the local area to develop and implement career pathways within the local area by aligning the employment, training, education, and supportive services that are needed by adults and youth, particularly individuals with barriers to employment.CommentsClose CommentsPermalink





‘(10) WORKFORCE RESEARCH AND REGIONAL LABOR MARKET ANALYSIS- In order to assist in the development and implementation of the local plan, the local board shall coordinate with the State public employment services under the Wagner-Peyser Act (29 U.S.C. 49 et seq.) to--CommentsClose CommentsPermalink





‘(A) utilize analyses of the economic conditions in the region, the needed knowledge and skills for the region, the workforce in the region, and workforce development activities (including education and training) in the region described in section 118(b)(1), and regularly update such information;CommentsClose CommentsPermalink





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





‘(C) assemble and utilize such other research, data collection, and analysis related to the workforce needs of the regional economy as the board, after receiving input from a wide array of stakeholders, determines to be necessary to carry out its functions.CommentsClose CommentsPermalink





‘(11) PROVEN AND PROMISING PRACTICES- The local board shall lead efforts in the local area to--CommentsClose CommentsPermalink





‘(A) identify and promote proven and promising strategies and initiatives for meeting the needs of employers, and workers and job seekers (including individuals with barriers to employment) in the local workforce investment system, including providing physical and programmatic accessibility, in accordance with section 288 and applicable provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), to the one-stop delivery system; andCommentsClose CommentsPermalink





‘(B) identify and disseminate information, in coordination with the Department of Labor and the State board, on proven and promising practices carried out in other local areas for meeting such needs.CommentsClose CommentsPermalink





‘(12) TECHNOLOGY- The local board shall develop strategies for using technology to maximize the accessibility and effectiveness of the local workforce investment system for employers, and workers and job seekers, by--CommentsClose CommentsPermalink





‘(A) facilitating connections among the reporting systems of the one-stop partner programs to support a comprehensive workforce investment system in the local area;CommentsClose CommentsPermalink





‘(B) facilitating access to services provided throughout the one-stop delivery system involved, including facilitating the access in remote areas;CommentsClose CommentsPermalink





‘(C) identifying strategies for better meeting the needs of individuals with barriers to employment, including strategies that augment traditional service delivery and technologies that increase access to services and programs of the one-stop delivery system for individuals with disabilities and other barriers to employment; andCommentsClose CommentsPermalink





‘(D) leveraging resources and capacity within the local workforce investment system, including resources and capacity for services for individuals with barriers to employment.CommentsClose CommentsPermalink





‘(13) ADVERTISING- The local board shall plan for advertising one-stop services throughout the local area.CommentsClose CommentsPermalink





‘(14) TRANSITION- The local board shall develop strategies to ensure that services provided in the local area are coordinated with and meet the transition goals and services developed for children with disabilities under section 614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities Education Act.CommentsClose CommentsPermalink





‘(15) LITERACY- The local board shall ensure that one-stop operators in the local area develop and implement policies to ensure that the literacy and English language skills of an adult or eligible youth are not barriers to accessing services, including training services, that are available to assist individuals obtain and maintain employment.CommentsClose CommentsPermalink





‘(16) SECTOR INITIATIVES- The local board shall develop and expand sector initiatives in the local area or region which may include the convening of industry or sector partnerships relating to in-demand industry sectors and occupations.’.CommentsClose CommentsPermalink





(e) Contents of the Local Plan- Section 118(b) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking ‘an identification of--’ and inserting ‘based on a labor market study and input solicited from local businesses, an identification of--’CommentsClose CommentsPermalink





(2) by redesignating paragraphs (7) through (10) as paragraphs (8) through (11), respectively, and by inserting after paragraph (6) the following:CommentsClose CommentsPermalink





‘(7) a description of how the local board will coordinate workforce investment activities carried out in the local area with apprenticeship programs registered under the National Apprenticeship Act (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.);’; andCommentsClose CommentsPermalink





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





‘(12) a description of the procedure or process for implementing a priority of service for adult employment and training activities in accordance with section 134(d)(4)(E); andCommentsClose CommentsPermalink





‘(13) a description of how the local board will coordinate workforce investment activities carried out in the local area with employment, training, and literacy services carried out by public libraries.’.CommentsClose CommentsPermalink

SEC. 114. ADDITIONAL ONE-STOP PROGRAMS AND ACTIVITIES.

Section 121 is amended--CommentsClose CommentsPermalink





(1) in subsection (b)--CommentsClose CommentsPermalink





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





(i) in clause (xi), by striking ‘; and’ and inserting a semicolon;CommentsClose CommentsPermalink





(ii) in clause (xii), by striking the period and inserting a semicolon; andCommentsClose CommentsPermalink





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





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





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





‘(A) DETERMINATION BY THE GOVERNOR-CommentsClose CommentsPermalink





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





‘(ii) NOTIFICATION- The notification referred to in clause (i) is a notification that--CommentsClose CommentsPermalink





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





‘(II) is provided to the Secretary and the Secretary of Health and Human Services.’; andCommentsClose CommentsPermalink





(B) in paragraph (2)(B), by striking clause (i) and redesignating clauses (ii) through (v) as clauses (i) through (iv), respectively; andCommentsClose CommentsPermalink





(2) in subsection (e)--CommentsClose CommentsPermalink





(A) by striking ‘If a one-stop’ and inserting:CommentsClose CommentsPermalink





‘(1) EXISTING SYSTEMS- If a one-stop’; andCommentsClose CommentsPermalink





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





‘(2) COLLOCATION OF WAGNER-PEYSER SERVICES- Consistent with section 3(d) of the Wagner-Peyser Act (29 U.S.C. 49b(d)), and in order to improve service delivery, avoid duplication of services, and enhance coordination of services, the employment service offices in each State and the one-stop centers established under this title shall be collocated to the extent practicable.CommentsClose CommentsPermalink





‘(3) USE OF COMMON ONE-STOP DELIVERY SYSTEM IDENTIFIER- Each one-stop delivery system shall include in the identification of products, programs, activities, services, facilities, and related property and materials, a common one-stop delivery identifier. The identifier shall be developed by the Secretary of Labor, in consultation with heads of other appropriate departments and agencies, and representatives of State boards and local boards and of other stakeholders in the one-stop delivery system, not later than the beginning of the second full program year after the date of enactment of this Act. Such common identifier may consist of a logo, phrase, or other identifier that informs users of the one-stop delivery system that such product, programs, activities, services, facilities, property, or materials are being provided through such system. Nothing in this paragraph shall be construed to prohibit one-stop partners, States, or local areas from having additional identifiers.’.CommentsClose CommentsPermalink

SEC. 115. PROVIDERS OF TRAINING SERVICES.

Section 122 is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





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





(i) in subparagraph (A)(ii), by striking ‘or certificate’ and inserting ‘recognized postsecondary credential’; andCommentsClose CommentsPermalink





(ii) in subparagraph (C), by inserting ‘, which may include joint labor-management organizations, sector partnerships, and eligible providers of adult education and literacy activities under title II if such activities are provided in combination with occupational skills training’ before the period; andCommentsClose CommentsPermalink





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





‘(3) INCLUSION ON LIST OF ELIGIBLE PROVIDERS- A private provider described in subparagraph (C) of paragraph (2) shall comply with the criteria, information requirements, and procedures established under this section to be included on the list of eligible training services described in paragraph (3). A public provider described in subparagraph (A) and a provider described in subparagraph (B) of paragraph (2) shall be included and maintained on the list of eligible providers of training services described in subsection (d) for so long as they comply with the requirements of this section and for so long as a provider described in subparagraph (B) remains registered as described in such subparagraph.’;CommentsClose CommentsPermalink





(2) in subsection (d)(1)(A) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(iii) information on the performance of the provider with respect to the performance accountability measures described in section 136 for such participants (taking into consideration the characteristics of the population served and relevant economic conditions), and information specifying the percentage of such participants who entered unsubsidized employment in an occupation related to the program, to the extent practicable; andCommentsClose CommentsPermalink





‘(iv) information on secondary or postsecondary diploma or its recognized equivalent, or recognized postsecondary credentials received by such participants; and’;CommentsClose CommentsPermalink





(3) in subsection (e), by inserting after the first sentence the following: ‘The list of providers shall also be based on the identified labor market needs of employers in the local area based on input solicited from local business and identified in the local plan pursuant to section 118(b)(1).’; andCommentsClose CommentsPermalink





(4) in subsection (h)--CommentsClose CommentsPermalink





(A) in the subsection heading, by striking ‘or Customized Training’ and inserting ‘Incumbent Worker Training, Customized Training, and Other Training Exceptions’; andCommentsClose CommentsPermalink





(B) in paragraph (1), by striking ‘or customized training’ and inserting ‘incumbent worker training, customized training, internships, and paid or unpaid work experience opportunities, or transitional employment’.CommentsClose CommentsPermalink

SEC. 116. YOUTH ACTIVITIES.

(a) Definition of Disadvantaged Youth and State Allotments- Section 127 is amended--CommentsClose CommentsPermalink





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





‘(a) In General- The Secretary shall use the amount appropriated under section 137(a) for a fiscal year to make allotments and grants in accordance with subparagraphs (A) and (B) of subsection (b)(1) and make funds available for use under section 166 (relating to Native American programs).’;CommentsClose CommentsPermalink





(2) in subsection (b)--CommentsClose CommentsPermalink





(A) in paragraph (1), by striking subparagraph (A) and redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; andCommentsClose CommentsPermalink





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





‘(C) DISADVANTAGED YOUTH- Subject to paragraph (3), the term ‘disadvantaged youth’ means an individual who--CommentsClose CommentsPermalink





‘(i) is age 16 through 24; andCommentsClose CommentsPermalink





‘(ii) received an income, or is a member of a family that received a total family income, that, in relation to family size, does not exceed 150 percent of the poverty line.’; andCommentsClose CommentsPermalink





(3) in subsection (c), 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 unobligated balance from State allotments to the State at the end of the program year prior to the program year for which the determination is made, exceeds 10 percent of the total amount of funds available to the State for that prior program year, consisting of the State allotment to the State for such prior program year (including amounts from State allotments to the State, for all program years before that prior program year) that remained available.’.CommentsClose CommentsPermalink





(b) Within State Allocations- Section 128(c)(2) is amended to read as follows:CommentsClose CommentsPermalink





‘(2) AMOUNT-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The amount available for allocation for a program year is equal to the amount by which the balance that is unobligated and unencumbered for training services at the end of the program year prior to the program year for which the determination is made, exceeds 10 percent of the total amount of funds available to the local area for that prior program year, consisting of the local allocation to the local area for such prior program year (including amounts from local allocations to the local area, for all program years before that prior program year) that remained available.CommentsClose CommentsPermalink





‘(B) BALANCE OF FUNDS- For purposes of this paragraph, the balance that is unobligated and unencumbered for training services is the amount that is the difference between--CommentsClose CommentsPermalink





‘(i) the total amount of funds available to the local area under this section for that prior program year consisting of the local allocation to the local area for such prior program year (including amounts from local allocations to the local area for all program years before that prior program year) that remained available; andCommentsClose CommentsPermalink





‘(ii) the amount, from that total amount of available funds, that is obligated or encumbered (in accordance with generally accepted accounting principles) for training services during such prior program year, except that for purposes of this paragraph the amount included as encumbered for raining services shall not exceed 10 percent of the total amount of available funds described in clause (i).’.CommentsClose CommentsPermalink





(c) Required Statewide Youth Activities- Section 129(b)(2) is amended--CommentsClose CommentsPermalink





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





(A) by inserting ‘, or that fail to meet local performance accountability measures,’ after ‘concentrations of eligible youth’; andCommentsClose CommentsPermalink





(B) by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





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





‘(D) providing technical assistance to, as appropriate, local boards, one-stop operators, and eligible providers, including support for the training or staff in evidence-based practices for serving eligible youth (including joint training) and facilitating remote access to services provided through the one-stop delivery system.’.CommentsClose CommentsPermalink





(d) Local Elements and Requirements- Section 129(c) is amended--CommentsClose CommentsPermalink





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





(A) in subparagraph (B), by striking ‘shall identify an’ and inserting ‘shall identify career pathways that include education and employment goals’; andCommentsClose CommentsPermalink





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





(i) in clause (i), by striking ‘, in appropriate cases’;CommentsClose CommentsPermalink





(ii) in clause (ii), by striking ‘strong linkages between academic and occupational learning’ and inserting ‘activities leading to the attainment of a secondary school diploma or its recognized equivalent, or a recognized postsecondary credential’; andCommentsClose CommentsPermalink





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





(I) by inserting ‘employers, including small employers, and in-demand occupations’ after ‘effective connections to’; andCommentsClose CommentsPermalink





(II) by striking subclauses (I) and (II);CommentsClose CommentsPermalink





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





(A) by striking subparagraph (C) and redesignating subparagraphs (D) through (J) as subparagraphs (C) through (I), respectively;CommentsClose CommentsPermalink





(B) in subparagraph (C) (as so redesignated)--CommentsClose CommentsPermalink





(i) by striking ‘work experiences as appropriate,’ and inserting ‘work experiences that include academic, area career and technical education or occupational education to ensure youth are college and career ready,’; andCommentsClose CommentsPermalink





(ii) after ‘including internships,’ by inserting ‘summer employment, pre-apprenticeships programs, on-the-job training,’;CommentsClose CommentsPermalink





(C) in subparagraph (E) (as so redesignated), by inserting ‘such as youth service and conservation corps,’ after ‘include community service’;CommentsClose CommentsPermalink





(D) in subparagraph (F) (as so redesignated), by inserting ‘, financial literacy education, and entrepreneurial skills training’ after ‘supportive services’; andCommentsClose CommentsPermalink





(E) in subparagraph (I) (as so redesignated), after ‘which’, by inserting ‘shall include career counseling and career exploration services, as appropriate, and’;CommentsClose CommentsPermalink





(3) in paragraph (3)(C), by inserting ‘and family members, mentors,’ after ‘parents’; andCommentsClose CommentsPermalink





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





‘(A) IN GENERAL- For any program year, not less than 60 percent of the funds described in paragraph (1) shall be used to provide youth workforce investment activities for out-of-school youth.’.CommentsClose CommentsPermalink

SEC. 117. ADULT AND DISLOCATED WORKER TRAINING ACTIVITIES.

(a) Definition of Disadvantaged Adult- Section 132(b)(1)(v)(IV) is amended by striking ‘does not exceed and all that follow’ and inserting ‘150 percent of the poverty line.’.CommentsClose CommentsPermalink





(b) Reallotment- Section 132(c)(2) is amended 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 unobligated balance from State allotments to the State at the end of the program year prior to the program year for which the determination is made, exceeds 10 percent of the total amount of funds available to the State for that prior program year, consisting of the State allotment to the State for such prior program year (including amounts from State allotments to the State, for all program years before that prior program year) that remained available.’.CommentsClose CommentsPermalink





(c) Transfer Authority- Section 133(b)(4) is amended by striking ‘20 percent’ both places it appears and inserting ‘30 percent’.CommentsClose CommentsPermalink





(d) Within State Reallocation- Section 133(c) 2 is amended to read as follows:CommentsClose CommentsPermalink





‘(2) AMOUNT-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The amount available for allocation for a program year is equal to the amount by which the balance that is unobligated and unencumbered for training services at the end of the program year prior to the program year for which the determination is made, exceeds 10 percent of the total amount of funds available to the local area for that prior program year, consisting of the local allocation to the local area for such prior program year (including amounts from local allocations to the local area, for all program years before that prior program year) that remained available.CommentsClose CommentsPermalink





‘(B) BALANCE OF FUNDS- For purposes of this paragraph, the balance that is unobligated and unencumbered for training services is the amount that is the difference between--CommentsClose CommentsPermalink





‘(i) the total amount of funds available to the local area under this section for that prior program year consisting of the local allocation to the local area for such prior program year (including amounts from local allocations to the local area for all program years before that prior program year) that remained available; andCommentsClose CommentsPermalink





‘(ii) the amount, from that total amount of available funds, that is obligated or encumbered (in accordance with generally accepted accounting principles) for training services during such prior program year, except that for purposes of this paragraph the amount included as encumbered for raining services shall not exceed 10 percent of the total amount of available funds described in clause (i).’.CommentsClose CommentsPermalink





(e) Use of Unobligated Rapid-Response Funds- Section 134(a)(2) is amended--CommentsClose CommentsPermalink





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





(A) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively;CommentsClose CommentsPermalink





(B) by striking ‘A State shall use’ and inserting:CommentsClose CommentsPermalink





‘(i) IN GENERAL- A State shall use’; andCommentsClose CommentsPermalink





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





‘(ii) USE OF UNOBLIGATED FUNDS- Funds reserved by a Governor under section 133(a)(2) to carry out this subparagraph that remain unobligated after the first program year for which such funds were allotted may be used by the Governor to carry out statewide activities authorized under subparagraph (B) or paragraph (3)(A), in addition to activities under this subparagraph.’; andCommentsClose CommentsPermalink





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





(A) in clause (v), by striking ‘; and’ and inserting a semicolon;CommentsClose CommentsPermalink





(B) in clause (vi), by striking the period and inserting ‘; and’; andCommentsClose CommentsPermalink





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





‘(vii) developing, implementing, and using layoff aversion strategies in collaboration with appropriate economic development and private sector entities, for implementation of strategies that may include early identification of firms at risk of layoffs, use of feasability studies to assess the needs of and options for at-risk firms and the delivery of employment, training, economic development, investment and financial restructuring activities to address identified risk factors.’.CommentsClose CommentsPermalink





(f) Shared Services- Section 134(d)(1)(B) is amended--CommentsClose CommentsPermalink





(1) by striking ‘A portion’ and inserting the following:CommentsClose CommentsPermalink





‘(i) IN GENERAL- A portion’; andCommentsClose CommentsPermalink





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





‘(ii) ADDITIONAL COSTS OF ONE-STOP- Subject to the memorandum of understanding described in section 121(c) for the one-stop delivery system involved, in addition to the funds provided for one-stop infrastructure described in section 137(d), a portion of funds made available under Federal law authorizing the programs described in section 121(b) and administered by one-stop partners, or the noncash resources available under such programs, shall be used to pay the additional costs relating to the operation of the one-stop delivery system that are not paid from the funds provided under section 137(d), as determined in accordance with clause (iv), to the extent not inconsistent with the Federal law involved. Such costs shall include the costs of the provision of core services described in section 134(d)(2) applicable to each program and may include common costs that are not paid from the funds provided under section 137(d).CommentsClose CommentsPermalink





‘(iii) SHARED SERVICES- Costs of shared services may include costs of services that are authorized for and may be commonly provided through the one-stop partner programs to any individuals, such as initial intake, assessment of needs, appraisal of basic skills, identification of appropriate services to meet such needs, referrals to other one-stop partners, and other similar services.CommentsClose CommentsPermalink





‘(iv) DETERMINATION AND GUIDANCE- The method for determining the appropriate portion of funds and noncash resources to be provided by the one-stop partner for each program for a one-stop center shall be determined as part of the development of the memorandum or understanding under subsection (c) for the one-stop center and shall be stated in the memorandum. The State board shall provide guidance to facilitate the determination, for purposes of the memorandum of understanding, of an appropriate allocation of the funds and noncash resources in local areas.’.CommentsClose CommentsPermalink





(g) Training Services- Section 134(d)(4) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (B), by adding at the end the following:CommentsClose CommentsPermalink





‘(iii) RULE OF CONSTRUCTION- Nothing in this paragraph shall be construed to require an individual to receive core or intensive services under paragraphs (2) or (3), respectively, prior to receiving training services under this paragraph.’;CommentsClose CommentsPermalink





(2) in subparagraph (D)--CommentsClose CommentsPermalink





(A) in clause (ix), by striking ‘; and’ and inserting a semicolon; andCommentsClose CommentsPermalink





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





‘(x) education, training, and skill upgrading for individuals to work and maintain proficiency as workplace learning advisors in programs sponsored by employers or joint labor-management partnerships.’;CommentsClose CommentsPermalink





(3) in subparagraph (E)--CommentsClose CommentsPermalink





(A) by striking ‘In the event’ through ‘priority’ and inserting ‘With respect to funds allocated to a local area for adult employment and training activities, priority’;CommentsClose CommentsPermalink





(B) by inserting ‘individuals with barriers to employment’ after ‘public assistance and other’; andCommentsClose CommentsPermalink





(C) by striking ‘making determination related to’ and inserting ‘implementing’;CommentsClose CommentsPermalink





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





‘(G) USE OF INDIVIDUAL TRAINING ACCOUNTS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Except as provided in clause (ii), training services provided under this paragraph shall be provided through the use of individual training accounts in accordance with this paragraph, and shall be provided to eligible individuals through the one-stop delivery system.CommentsClose CommentsPermalink





‘(ii) TRAINING CONTRACTS- Training services authorized under this paragraph may be provided pursuant to a contract for services in lieu of an individual training account if--CommentsClose CommentsPermalink





‘(I) the requirements of subparagraph (F) are met;CommentsClose CommentsPermalink





‘(II) such services are on-the-job training, registered apprenticeships, customized training, incumbent worker training, entrpreneurial skills training, or transitional employment;CommentsClose CommentsPermalink





‘(III) the local board determines there are an insufficient number of eligible providers of training services in the local area involved (such as in a rural area) to accomplish the purposes of a system of individual training accounts;CommentsClose CommentsPermalink





‘(IV) the local board determines that there is a training services program of demonstrated effectiveness offered in the local area by a community-based organization or another private organization to serve individuals with barriers to employment; orCommentsClose CommentsPermalink





‘(V) the local board determines that it would be most appropriate to award a contract to an institution of higher education or other eligible provider of training services, including area career and technical education centers in order to facilitate the training of multiple individuals in in-demand industry sectors or occupations and that such contract does not limit customer choice.CommentsClose CommentsPermalink





‘(iii) LINKAGE TO OCCUPATIONS IN DEMAND- Training services provided under this paragraph shall be directly linked to an in-demand industry sector or occupation in the local area or region, or in another area to which an adult or dislocated worker receiving such services is willing to relocate, except that a local board may approve training services for occupations determined by the local board to be in sectors of the economy that have a high potential for sustained demand or growth in the local area.CommentsClose CommentsPermalink





‘(iv) RULE OF CONSTRUCTION- Nothing in this paragraph shall be construed to preclude the combined use of individual training accounts and contracts in the provision of training services, including arrangements that allow individuals receiving individual training accounts to obtain training services that are contracted for under clause (ii).’; andCommentsClose CommentsPermalink





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





‘(H) REIMBURSEMENT FOR ON-THE-JOB TRAINING-CommentsClose CommentsPermalink





‘(i) REIMBURSEMENT LEVEL- For purposes of the provision of on-the-job training under this paragraph, the Governor or local board involved may increase the amount of the reimbursement described in section 101(31) to an amount of up to 75 percent of the wage rate of a participant for a program carried out under this chapter, if, respectively--CommentsClose CommentsPermalink





‘(I) the Governor approves the increase with respect to a program carried out with funds reserved by the State under that chapter, taking into account the factors described in clause (ii); orCommentsClose CommentsPermalink





‘(II) the local board approves the increase with respect to a program carried out with funds allocated to a local area under such chapter, taking into account those factors.CommentsClose CommentsPermalink





‘(ii) FACTORS- For purposes of clause (i), the Governor or local board, respectively, shall take into account factors consisting of--CommentsClose CommentsPermalink





‘(I) the characteristics of the participants;CommentsClose CommentsPermalink





‘(II) the size and resources of the employer;CommentsClose CommentsPermalink





‘(III) the likely employment opportunities available to workers who complete an on-the-job training program; andCommentsClose CommentsPermalink





‘(IV) such other factors as the Governor or local board, respectively, may determine to be appropriate, which may include the number of employees participating in the training, wage and benefit levels of those employees (at present and anticipated upon completion of the training), relation of the training to the competitiveness of a participant, and other employer-provided training and advancement opportunities.’.CommentsClose CommentsPermalink





(h) Incumbent Worker Training Programs and Transitional Jobs- Section 134(e) is amended--CommentsClose CommentsPermalink





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





(A) in subparagraph (A), by striking ‘; and’ and inserting a semicolon;CommentsClose CommentsPermalink





(B) in subparagraph (B), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





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





‘(C) work support activities designed to assist low-wage workers in retaining and enhancing employment, such as the provision of activities described in this section during nontraditional hours and the provision of child care while such activities are being provided.’; andCommentsClose CommentsPermalink





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





‘(4) INCUMBENT WORKER TRAINING PROGRAMS-CommentsClose CommentsPermalink





‘(A) IN GENERAL-CommentsClose CommentsPermalink





‘(i) STANDARD RESERVATION OF FUNDS- Except as provided in clause (ii), the local board may reserve and use not more than 15 percent of the funds allocated to the local area involved under section 133(b) to pay for the Federal share of the cost of providing training through a training program for incumbent workers, carried out in accordance with this paragraph.CommentsClose CommentsPermalink





‘(ii) INCREASED RESERVATION OF FUNDS- If the local board determines that there is sufficient evidence that use of the funds reserved under clause (i) led to employee retention by and contributed to creation of new jobs with employers that participated in incumbent worker training programs, the local board may reserve and use not more than a total of 20 percent of such funds to pay for the Federal share of such costs.CommentsClose CommentsPermalink





‘(iii) DETERMINATION OF ELIGIBILITY- For the purpose of determining the eligibility of an employer to receive funding under clause (i), the local board shall take into account factors consisting of--CommentsClose CommentsPermalink





‘(I) the characteristics of the participants in the program;CommentsClose CommentsPermalink





‘(II) the relationship of the training to the competitiveness of a participant and the employer; andCommentsClose CommentsPermalink





‘(III) such other factors as the local board may determine to be appropriate, which may include the number of employees participating in the training, the wage and benefit levels of those employees (at present and anticipated upon completion of the training), and the existence of other training and advancement opportunities provided by the employer.CommentsClose CommentsPermalink





‘(iv) STATEWIDE IMPACT- The Governor or State board involved may make recommendations to the local board for providing incumbent worker training that has statewide impact.CommentsClose CommentsPermalink





‘(B) TRAINING ACTIVITIES- The training program for incumbent workers carried out under this paragraph shall be carried out by the local board in conjunction with the employers or groups of employers of such workers, or a labor-management partnership, including joint registered apprenticeship programs, for the purpose of assisting such workers in obtaining the skills necessary to retain employment or avert layoffs.CommentsClose CommentsPermalink





‘(C) EMPLOYER PAYMENT OF NON-FEDERAL SHARE- Employers participating in the program carried out under this paragraph shall be required to pay for the non-Federal share of the cost of providing the training to incumbent workers of the employers.CommentsClose CommentsPermalink





‘(D) NON-FEDERAL SHARE-CommentsClose CommentsPermalink





‘(i) FACTORS- Subject to clause (ii), the local board shall establish the non-Federal share of such cost (taking into consideration such other factors as the number of employees participating in the training, the wage and benefit levels of the employees (at the beginning and anticipated upon completion of the training), the relationship of the training to the competitiveness of the employer and employees, and the availability of other employer-provided training and advancement opportunities).CommentsClose CommentsPermalink





‘(ii) LIMITS- The non-Federal share shall not be less than--CommentsClose CommentsPermalink





‘(I) 10 percent of the cost for employers with not more than 50 employees;CommentsClose CommentsPermalink





‘(II) 25 percent of the cost, for employers with more than 50 employees but not more than 100 employees; andCommentsClose CommentsPermalink





‘(III) 50 percent of the cost, for employers with more than 100 employees.CommentsClose CommentsPermalink





‘(iii) CALCULATION OF EMPLOYER SHARE- The non-Federal share provided by an employer participating in the program may include the amount of the wages paid by the employer to a worker while the worker is attending a training program under this paragraph.CommentsClose CommentsPermalink





‘(E) WORKER PROTECTIONS- If an incumbent worker training program is proposed for an employer whose workers are covered by a collective bargaining agreement, the union representing those workers will be consulted regarding the incumbent worker training program and concur prior to the start of the program.CommentsClose CommentsPermalink





‘(5) TRANSITIONAL JOBS- The local board may use not more than 15 percent of the funds allocated to the local area involved under section 133(b) to provide transitional jobs under subsection (c)(4) that--CommentsClose CommentsPermalink





‘(A) are time-limited work experiences in integrated settings that are subsidized and are in the public, private, or nonprofit sectors for individuals with barriers to employment who are chronically unemployed, have no employment experience or have an inconsistent work history;CommentsClose CommentsPermalink





‘(B) are combined with comprehensive employment and supportive services;CommentsClose CommentsPermalink





‘(C) are designed to assist the individuals described in subparagraph (A) to establish a work history, demonstrate success in the workplace, and develop the skills that lead to entry into and retention in unsubsidized employment; andCommentsClose CommentsPermalink





‘(D) assist in placement or hiring to an unsubsidized job.’.CommentsClose CommentsPermalink

SEC. 118. UNIFIED PERFORMANCE ACCOUNTABILITY SYSTEM.

Section 136 is amended to read as follows:CommentsClose CommentsPermalink

‘SEC. 136. UNIFIED PERFORMANCE ACCOUNTABILITY SYSTEM.

‘(a) Purpose- The purpose of this section is to establish shared performance accountability measures that apply across the core programs to assess the effectiveness of States and local areas in achieving positive outcomes for individuals served by those programs.CommentsClose CommentsPermalink





‘(b) State Unified Performance Accountability Measures-CommentsClose CommentsPermalink





‘(1) IN GENERAL- For each State, the unified performance accountability measures for the core programs shall consist of--CommentsClose CommentsPermalink





‘(A)(i) the primary indicators of performance described in paragraph (2)(A); andCommentsClose CommentsPermalink





‘(ii) the additional indicators of performance (if any) identified by the State under paragraph (2)(B); andCommentsClose CommentsPermalink





‘(B) A State adjusted level of performance for each indicator described in subparagraph (A).CommentsClose CommentsPermalink





‘(2) INDICATORS OF PERFORMANCE-CommentsClose CommentsPermalink





‘(A) PRIMARY INDICATORS OF PERFORMANCE-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The State primary indicators of performance for activities provided under the adult and dislocated worker programs authorized under chapter 6 of subtitle B of title I, the program of adult education and literacy activities authorized under title II, the employment services program authorized under sections 1 through 13 of the Wagner-Peyser Act (29 U.S.C. 49 et seq.) (except that subclauses (IV) and (V) shall not apply to such program), and the program authorized under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other than section 112 or part C of that title (29 U.S.C. 732, 741), shall consist of--CommentsClose CommentsPermalink





‘(I) the percentage and number of program participants who are in unsubsidized employment during the second quarter after exit from the program;CommentsClose CommentsPermalink





‘(II) the percentage and number of program participants who are in unsubsidized employment during the fourth quarter after exit from the program;CommentsClose CommentsPermalink





‘(III) the median earnings of program participants who are in unsubsidized employment during the second quarter after exit from the program compared to the median earnings of such participants prior to the training;CommentsClose CommentsPermalink





‘(IV) the percentage of program participants who obtain a recognized postsecondary credential, including in a registered apprenticeship or on-the-job training program, or a secondary school diploma or its recognized equivalent (subject to clause (iii)), during participation in or within 1 year after exit from the program;CommentsClose CommentsPermalink





‘(V) the percentage of program participants who, during a program year, are in an education or training program, including a registered apprenticeship or on-the-job training program, that leads to a recognized postsecondary credential or a secondary school diploma or its recognized equivalent, or employment and who are achieving measurable basic skill gains toward such a credential or employment; andCommentsClose CommentsPermalink





‘(VI) the indicators of effectiveness in serving employers established pursuant to clause (iv).CommentsClose CommentsPermalink





‘(ii) PRIMARY INDICATORS OF PERFORMANCE FOR ELIGIBLE YOUTH- The primary indicators of performance for the youth program authorized under chapter 4 of this subtitle shall consist of--CommentsClose CommentsPermalink





‘(I) the percentage and number of program participants who are in education or training activities, or in unsubsidized employment during the second quarter after exit from the program;CommentsClose CommentsPermalink





‘(II) the percentage and number of program participants who are in education or training activities, or in unsubsidized employment, during the fourth quarter after exit from the program;CommentsClose CommentsPermalink





‘(III) the median earnings of program participants who are in unsubsidized employment during the second quarter after exit from the program compared to the median earnings of such participants prior to the training;CommentsClose CommentsPermalink





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





‘(V) the percentage of program participants who, during a program year, are in an education or training program that leads to a recognized postsecondary credential or a secondary school diploma or its recognized equivalent, or employment and who are achieving measurable basic skill gains toward such a secondary credential or employment; andCommentsClose CommentsPermalink





‘(VI) the indicators of effectiveness in serving employers established pursuant to clause (iv).CommentsClose CommentsPermalink





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





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





‘(B) ADDITIONAL INDICATORS- A State may identify in the State plan additional performance accountability indicators.CommentsClose CommentsPermalink





‘(3) LEVELS OF PERFORMANCE-CommentsClose CommentsPermalink





‘(A) STATE ADJUSTED LEVELS OF PERFORMANCE FOR PRIMARY INDICATORS-CommentsClose CommentsPermalink





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





‘(ii) INCLUDED PROGRAMS- The programs included under clause (i) are--CommentsClose CommentsPermalink





‘(I) the youth program authorized under chapter 4 of this subtitle;CommentsClose CommentsPermalink





‘(II) the adult program authorized under chapter 5 of this subtitle;CommentsClose CommentsPermalink





‘(III) the dislocated worker program authorized under chapter 5 of this subtitle;CommentsClose CommentsPermalink





‘(IV) the program of adult education and literacy activities authorized under title II;CommentsClose CommentsPermalink





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





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





‘(iii) IDENTIFICATION OF STATE PLAN- Each State shall identify, in the State plan, expected levels of performance for each of the corresponding primary indicators of performance for each of the programs described in clause (ii) for the first 2 program years covered by the State plan.CommentsClose CommentsPermalink





‘(iv) AGREEMENT OF STATE ADJUSTED LEVELS OF PERFORMANCE-CommentsClose CommentsPermalink





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





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





‘(v) FACTORS- In reaching the agreements described in clause (iv), the State and Secretaries shall--CommentsClose CommentsPermalink





‘(I) take into account how the levels involved compare with the State adjusted levels of performance established for other States;CommentsClose CommentsPermalink





‘(II) ensure that the levels involved are adjusted, using the objective statistical model established by the Secretaries pursuant to clause (viii), based on the difference among States in economic conditions (including differences in unemployment rates and job losses or gains in particular industries) and the characteristics of participants when the participants entered the program involved, including indicators of poor work history, lack of work experience, lack of educational or occupational skills attainment, dislocation from high-wage and high-benefit employment, low levels of literacy or English proficiency, disability status, homelessness, ex-offender status, and welfare dependency;CommentsClose CommentsPermalink





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





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





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





‘(vii) REVISIONS BASED ON ECONOMIC CONDITIONS AND INDIVIDUALS SERVED DURING THE PROGRAM YEAR- The Secretary of Labor and the Secretary of Education shall, in accordance with the objective statistical model developed pursuant to clause (viii), revise the State adjusted levels of performance applicable for each of the programs described in clause (ii), for a program year and a State, to reflect the economic conditions and characteristics of participants (as described in clause (v)(II)) in that program during such program year in a such State.CommentsClose CommentsPermalink





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





‘(B) LEVELS OF PERFORMANCE FOR ADDITIONAL INDICATORS- The State may identify, in the State plan, State levels of performance for each of the additional indicators identified under paragraph (2)(B). Such levels shall be considered to be State adjusted levels of performance for purposes of this section.CommentsClose CommentsPermalink





‘(c) Local Performance Accountability Measures-CommentsClose CommentsPermalink





‘(1) IN GENERAL- For each local area in a State designated under section 116, the local performance accountability measures for each of the program described in subclauses (I) through (III) of subsection (b)(3)(A)(ii) shall consist of--CommentsClose CommentsPermalink





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





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





‘(B) the local level of performance for each indicator described in subparagraph (A).CommentsClose CommentsPermalink





‘(2) LOCAL LEVEL OF PERFORMANCE- The local board, the chief elected official, and the Governor shall negotiate and reach agreement on local levels of performance based on the State adjusted levels of performance established under subsection (b)(3)(A).CommentsClose CommentsPermalink





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





‘(d) Performance Accountability Reports-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Not later than 6 months after the date of enactment of the Workforce Investment Act of 2012, the Secretary of Labor and the Secretary of Education shall jointly develop a template for performance reports that shall be used by States, local boards, and eligible providers of training services under section 122 to report on outcomes achieved by the core programs, and to report on quantifiable benchmarks established in the State plan as described in section 112 or the State unified plan described in section 113 that demonstrate annual improvement with respect to each of the system-wide performance indicators established under subsection (j)(2) of this section.CommentsClose CommentsPermalink





‘(2) CONTENTS OF STATE PERFORMANCE REPORTS- The performance report for a State shall include, subject to paragraph (5)(C)--CommentsClose CommentsPermalink





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





‘(B) information specifying the levels of performance achieved with respect to the primary indicators of performance described in subsection (b)(2)(A) for each of the programs described in subsection (b)(3)(A)(ii) with respect to individuals with barriers to employment, disaggregated by each subpopulation of such individuals;CommentsClose CommentsPermalink





‘(C) the total number of participants served by each type of service of the programs described in subsection (b)(3)(A)(ii), and the types of core, intensive, and training services provided;CommentsClose CommentsPermalink





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





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





‘(F) other information that facilitates comparisons of programs with programs in other States.CommentsClose CommentsPermalink





‘(3) CONTENTS OF LOCAL AREA PERFORMANCE REPORTS- The performance reports for a local area shall include, subject to paragraph (5)(C)--CommentsClose CommentsPermalink





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





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





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





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





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





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





‘(4) CONTENTS OF ELIGIBLE TRAINING PROVIDERS PERFORMANCE REPORTS- The performance report for an eligible provider of training services under section 122 shall include, subject to paragraph (5)(C), with respect to each program of training services, including core, intensive, and training services, of such provider--CommentsClose CommentsPermalink





‘(A) information specifying the levels of performance achieved with respect to the primary indicators of performance described in subclauses (I) through (IV) of subsection (b)(2)(A)(i) with respect to participants served under the adult and dislocated worker programs under chapter 5 of this subtitle; andCommentsClose CommentsPermalink





‘(B) the number of participants served under each of the adult and dislocated worker programs under chapter 5 of this subtitle and the number of individuals with barriers to employment served under each of such programs, disaggregated by each subpopulation of such individuals.CommentsClose CommentsPermalink





‘(5) PUBLICATION-CommentsClose CommentsPermalink





‘(A) STATE PERFORMANCE REPORTS- The Secretary of Labor and the Secretary of Education shall annually make publically available, including by electronic means, the performance reports for States and local areas containing the information described in paragraph (2).CommentsClose CommentsPermalink





‘(B) LOCAL AREA AND ELIGIBLE TRAINING PROVIDER PERFORMANCE REPORTS- The State shall make publically available, including by electronic means, the performance reports for the local areas containing the information described in paragraph (3) and the performance reports for eligible providers of training services containing the information described in paragraph (4).CommentsClose CommentsPermalink





‘(C) RULES FOR REPORTING OF DATA- The disaggregation of data under this subsection shall not be required when the number of participants in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about an individual participant.CommentsClose CommentsPermalink





‘(e) Evaluation of State Programs-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Using funds authorized under a core program and made available to carry out this section, the State, in coordination with local boards in the State and the State agencies responsible for the administration of the core programs, shall conduct ongoing evaluations of activities carried out in the State under such programs and in accordance with the State unified plan. The State, local boards, and State agencies shall conduct the evaluations in order to promote, establish, implement, and utilize methods for continuously improving core program activities in order to achieve high-level performance within, and high-level outcomes from, the workforce investment system. To the maximum extent practicable, the State shall coordinate the valuations with the evaluations provided for the Secretary of Labor and Secretary of Education under section 172, section 343(b)(3)(E), section 10(b) of the Wagner-Peyser Act (29 U.S.C. 49i(b)), and sections 12(a)(5), 14, and 107 of the Rehabilitation Act of 1973 (29 U.S.C. 709(a)(5), 711, 727) (applied with respect to programs carried out under title I of that Act).CommentsClose CommentsPermalink





‘(2) DESIGN- The evaluations conducted under this subsection shall be designed in conjunction with the State board, State agencies responsible for the administration of the core programs, and local boards and shall include analysis of customer feedback and outcome and process measures in the statewide workforce investment system. The evaluations may include the use of control groups.CommentsClose CommentsPermalink





‘(3) RESULTS- The State shall periodically prepare, submit to the State board and local boards in the State, and make available to the public, including by electronic means, reports containing the results of evaluations conducted under this subsection, to promote the efficiency and effectiveness of the workforce investment system.CommentsClose CommentsPermalink





‘(f) Sanctions for State Failure To Meet State Performance Accountability Measures-CommentsClose CommentsPermalink





‘(1) STATES-CommentsClose CommentsPermalink





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





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





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





‘(g) Sanctions for Local Area Failure To Meet Local Performance Accountability Measures-CommentsClose CommentsPermalink





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





‘(2) CORRECTIVE ACTIONS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- If such failure continues for a second consecutive year, the Governor shall take corrective actions, which may include development of a reorganization plan through which the Governor may--CommentsClose CommentsPermalink





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





‘(ii) prohibit the use of eligible providers and one-stop partners identified as achieving a poor level of performance;CommentsClose CommentsPermalink





‘(iii) redesignate the local area in accordance with section 116; orCommentsClose CommentsPermalink





‘(iv) take such other actions as the Governor determines are appropriate.CommentsClose CommentsPermalink





‘(B) APPEAL BY LOCAL AREA-CommentsClose CommentsPermalink





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





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





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





‘(h) Definitions of Indicators of Performance-CommentsClose CommentsPermalink





‘(1) IN GENERAL- In order to ensure nationwide comparability of performance data, the Secretary of Labor and the Secretary of Education, after consultation with representatives described in paragraph (2), shall issue definitions for the indicators described in this section.CommentsClose CommentsPermalink





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





‘(i) Fiscal and Management Accountability Information Systems-CommentsClose CommentsPermalink





‘(1) WAGE RECORDS- In measuring the progress of the State across all core programs as identified in section 136(b)(2)(A) on State and local performance accountability measures, a State shall utilize quarterly wage records, consistent with State law. The Secretary of Labor shall make arrangements, consistent with State law, to ensure that the wage records of any State are available to any other State to the extent that such wage records are required by the State in carrying out the State plan of the State or completing the annual report described in subsection (d).CommentsClose CommentsPermalink





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





‘(j) System-Wide Improvements-CommentsClose CommentsPermalink





‘(1) PURPOSE- The purpose of this subsection is to establish system-wide improvements across all programs to enhance data collection, ensure accountability and increase administrative efficiencies in employment and training programs that will expand the capacity and improve the performance of the workforce system.CommentsClose CommentsPermalink





‘(2) DEVELOPMENT AND IMPLEMENTATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary of Labor and the Secretary of Education, after consultation with the representatives described in subsection (h)(2), shall develop system-wide performance measures across the one-stop partner programs described in section 121(b) to measure the collective effectiveness of the workforce investment system in aligning and coordinating the core programs and other one-stop partner programs, employers as a meaningful system partner to address businesses and other employer immediate and long-term skilled workforce needs in in-demand, high-growth, and other occupations important to a State, regional, or local economy, expanding access to education and training for participants (including participants with barriers to employment), and establishing or strengthening credential attainment and measurement strategies. Not later than the beginning of the third program year, the Secretary of Labor and the Secretary of Education after consultation with the representatives described in subsection (h)(2), shall develop system-wide performance accountability measures.CommentsClose CommentsPermalink





‘(B) BENCHMARKS- Not later than the beginning of the third program year, each State shall include in the State plan described in section 112 or the State unified plan described in section 113 quantifiable benchmarks that demonstrate annual improvement with respect to each of the system-wide performance indicators established under this section.CommentsClose CommentsPermalink





‘(C) REQUIREMENTS- For each State, the system-wide performance accountability measures shall consist of--CommentsClose CommentsPermalink





‘(i) the indicators of performance described in paragraph (3) (A) through (D);CommentsClose CommentsPermalink





‘(ii) any other indicators established by the Secretary of Labor and the Secretary of Education in consultation with the representatives described in subsection (h)(2); andCommentsClose CommentsPermalink





‘(iii) a State adjusted level of performance for each indicator described in paragraph (3).CommentsClose CommentsPermalink





‘(3) INDICATORS OF PERFORMANCE- The indicators of system-wide performance shall be measured from baseline data collected in the first year after the date of enactment of this subsection and shall consist of the following:CommentsClose CommentsPermalink





‘(A) INDICATORS OF EFFECTIVENESS IN ENGAGING EMPLOYERS AS A SYSTEM PARTNER- The State indicators of effectiveness in serving employers shall at a minimum consist of--CommentsClose CommentsPermalink





‘(i) the number and percentage of employers in the State using one-stops;CommentsClose CommentsPermalink





‘(ii) the total number of returning employers in the State using one-stops and one-stop partner program services, including training;CommentsClose CommentsPermalink





‘(iii) the number of training modules created for specific employers or groups of employers; andCommentsClose CommentsPermalink





‘(iv) the size of each employer in the State using one-stops and one-stop partner programs services.CommentsClose CommentsPermalink





‘(B) INDICATORS OF EXPANDED ACCESS TO TRAINING SERVICES- The State indicators of expanded access to training services shall at a minimum consist of--CommentsClose CommentsPermalink





‘(i) the number and percentage of participants who received training or education services under a one-stop partner program;CommentsClose CommentsPermalink





‘(ii) the number and percentage of participants and youth with barriers to employment who received services from a one-stop partner program resulting in entry into an education and training program that leads to employment or a recognized postsecondary credential;CommentsClose CommentsPermalink





‘(iii) the total number and percentage of participants concurrently enrolled in two or more core programs, or in at least one other one-stop partner program;CommentsClose CommentsPermalink





‘(iv) the number and percentage of participants engaged in career pathways; andCommentsClose CommentsPermalink





‘(v) the total number and percentage of participants who are enrolled and whose training is co-funded by Pell grants or other sources of financial aid.CommentsClose CommentsPermalink





‘(C) INDICATORS OF CREDENTIAL ATTAINMENT AND MEASUREMENT- The State indicators of credential attainment and measurement shall at a minimum consist of the total number and percentage of recognized postsecondary credentials earned during the program year by, or awarded to, participants of programs described in section 136(b)(3)(A)(i).CommentsClose CommentsPermalink





‘(D) ADDITIONAL INDICATORS- A State may identify in a State plan additional system-wide performance accountability indicators.CommentsClose CommentsPermalink





‘(4) LEVELS OF PERFORMANCE-CommentsClose CommentsPermalink





‘(A) STATE ADJUSTED LEVELS OF PERFORMANCE FOR SYSTEM-WIDE PERFORMANCE ACCOUNTABILITY INDICATORS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- For each State submitting a State plan under section 112 or section 113, there shall be established, in accordance with this paragraph, levels of performance for each of the system-wide performance accountability indicators that shall measure aggregate performance for the programs referred to in section 121(b)(1)(B), and which may include data from programs referred to in section 121(b)(2)(B).CommentsClose CommentsPermalink





‘(ii) IDENTIFICATION IN STATE PLAN- Prior to the third program year after enactment of this Act, each State shall identify, in the State plan, expected levels of performance for each of the corresponding system-wide performance accountability indicators under subsection (j)(2) for each of the third and fourth program years covered by the State plan.CommentsClose CommentsPermalink





‘(iii) AGREEMENT ON STATE ADJUSTED LEVELS OF PERFORMANCE- The State shall reach agreement with the Secretary of Labor and the Secretary of Education on levels of performance for each indicator under subsection (j)(2) for each of the third and fourth program years covered by the State plan. In reaching the agreement, the State and Secretaries shall take into account the levels identified in the State plan under clause (ii), and may take into account the factors described in subsection (c)(3)(A)(v).CommentsClose CommentsPermalink





‘(B) LEVELS OF PERFORMANCE FOR ADDITIONAL INDICATORS- The State may identify, in the State plan, State levels of performance for each of the additional indicators identified under subsection (j)(2)(E). Such levels shall be considered the State adjusted levels of performance for purposes of this section.CommentsClose CommentsPermalink





‘(C) FAILURE TO MEET SYSTEM-WIDE PERFORMANCE ACCOUNTABILITY MEASURES- If a State fails to meet State adjusted levels of performance relating to indicators described in paragraph (3) for any program year the Secretary of Labor and the Secretary of Education shall, upon request, provide technical assistance, including assistance in the development of a performance improvement plan.CommentsClose CommentsPermalink





‘(5) REPORTS- Not later than 1 year after the date of the enactment of the Workforce Investment Act of 2012, the Secretary of Labor shall report to the Committee on Education and the Workforce on the indicators described in paragraph (2) of this section and provide recommendations to the Committee on improving coordination and increasing efficiencies in one-stop partner programs.’.CommentsClose CommentsPermalink