[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2516 Introduced in Senate (IS)]
103d CONGRESS
2d Session
S. 2516
To consolidate and reform Federal job training programs to create a
world class workforce development system for the 21st century, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 6 (legislative day, September 12), 1994
Mr. Kennedy introduced the following bill; which was read twice and
referred to the Committee on Labor and Human Resources
_______________________________________________________________________
A BILL
To consolidate and reform Federal job training programs to create a
world class workforce development system for the 21st century, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Job Training
Consolidation and Reform Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Authorization of appropriations.
Sec. 4. Definitions.
TITLE I--FEDERAL RESPONSIBILITIES
Sec. 101. National Workforce Development Board.
Sec. 102. National Report Card.
Sec. 103. Mechanisms for building high quality integrated workforce
development systems.
Sec. 104. Centralized waivers.
Sec. 105. Quality assurance system.
TITLE II--STATE RESPONSIBILITIES
Sec. 201. State Workforce Development Councils.
Sec. 202. Membership.
Sec. 203. Chairperson.
Sec. 204. Duties and responsibilities.
Sec. 205. Development of quality assurance systems and consumer
reports.
Sec. 206. Administration.
Sec. 207. Establishment of unified service delivery areas.
Sec. 208. Financial and management information systems.
Sec. 209. Capacity building grants.
Sec. 210. Performance standards for unified service delivery areas.
TITLE III--LOCAL RESPONSIBILITIES
Sec. 301. Workforce development boards.
Sec. 302. Workforce development board policy blueprint.
Sec. 303. Report card.
Sec. 304. One-stop career centers.
Sec. 305. Progress reports.
Sec. 306. Capacity building.
Sec. 307. Incentive grants for incumbent worker training.
TITLE IV--CONSOLIDATION
Sec. 401. Purpose; findings; sense of the Congress.
Sec. 402. Integration of youth programs.
Sec. 403. Consolidation of workforce development programs.
Sec. 404. Integration of programs at the local level.
Sec. 405. Sunset of major workforce development programs.
TITLE V--INTEGRATED LABOR MARKET INFORMATION SYSTEM
Sec. 501. Integrated labor market information.
Sec. 502. Responsibilities of the National Board.
Sec. 503. Responsibilities of the Secretary.
Sec. 504. Responsibilities of Governors.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) increasing international competition, technological
advances, and structural changes in the United States economy
present new challenges to private firms and public policy
makers in creating a skilled workforce with the ability to
adapt to change and technological progress;
(2) the Federal Government should work with the private
sector to create a high performance workforce development
system to encourage collaboration among private sector firms
and publicly funded education and training efforts to assist
jobseekers and workers adjust to structural economic changes;
(3) according to the General Accounting Office, there are
currently 154 federally funded employment and training programs
(hereafter referred to in section as the ``programs'');
(4) the programs cost more than $25,000,000,000 annually
and are administered by 14 different Federal departments and
agencies;
(5) although it is necessary for the Federal Government to
consolidate or eliminate unnecessary programs, the primary goal
of Federal workforce development policy should be to help
facilitate transactions taking place between jobseekers,
workers, and business in local labor markets;
(6) in order to bring more coherence to Federal workforce
development policy, there should be a single entity at the
Federal, State, or local level vested with the necessary
authority to strategically plan ways to transform the separate
training and employment programs into an integrated and
accountable workforce development system;
(7) these Federal, State, and local strategic planning
bodies should be structured in such a way to give businesses
and workers a meaningful role in shaping policy and overseeing
the quality of workforce development programs;
(8) while the Federal Government must maintain its
commitment to provide economically and educationally
disadvantaged individuals with skills and support services
necessary to succeed in the labor market, Federal workforce
development policy must also begin to provide incentives to
assist firms to help upgrade the skills of their front-line
workers;
(9) the United States needs a comprehensive integrated
labor market information system to ensure that workforce
development programs are related to the demand for particular
skills in local labor markets, and to ensure that information
about the employment and earnings of the local workforce, and
the performance of education and training institutions, will be
available to citizens and decision makers;
(10) in recent years, many States and communities have made
progress in developing new approaches to better integrate
Federal employment and training programs;
(11) the Federal Government should take more systematic
measures to encourage experimentation and flexibility, and to
disseminate best practices in the design and implementation of
a comprehensive workforce development system throughout the
country; and
(12) the Federal Government should address the findings of
this subsection through the implementation of immediate and
long-term improvements that result in the establishment of a
high quality workforce development system needed for the
economy of the 21st century.
(b) Purpose.--It is the purpose of this Act to take certain
immediate actions, and to establish a process for bringing about longer
term improvements, that are needed to begin the transformation of
federally funded education and job training efforts from a collection
of fragmented programs into a coherent, integrated, accountable
workforce development system that--
(1) is based on the needs of jobseekers, workers, and
employers, rather than bureaucratic requirements;
(2) is accessible to any jobseeker, worker, or employer;
(3) focuses on accountability, performance, and accurate
information;
(4) provides flexibility and responsibility to the States,
and in turn to local communities, for design and implementation
of workforce development systems;
(5) requires the active involvement of firms and workers in
the governance, design, and implementation of such system;
(6) is linked directly to employment and training
opportunities in the private sector; and
(7) adopts best practices of quality administration and
management that have been successful in the private sector.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Subject to subsection (b), there is authorized to
be appropriated to carry out titles I, II, III, and IV--
(1) $160,000,000 for fiscal year 1996; and
(2) such sums as may be necessary for each of fiscal years
1997 through 1999.
(b) Limitations.--
(1) Fiscal year 1996.--In fiscal year 1996, of the funds
made available pursuant to subsection (a)--
(A) not more than 5 percent shall be used for the
activities of the National Board;
(B) not more than 10 percent shall be used for
incentive grants, pursuant to section 307;
(C) not more than 15 percent shall be used for
development grants, pursuant to section 103(a); and
(D) not less than 70 percent shall be used for
implementation grants, pursuant to section 103(b).
(2) Fiscal years 1997 through 1999.--In each of fiscal
years 1997 through 1999, of the funds made available pursuant
to subsection (a)--
(A) not more than 5 percent shall be used for the
activities of the National Board;
(B) not more than 10 percent shall be used for
incentive grants, pursuant to section 307; and
(C) not less than 85 percent shall be used for
implementation grants, pursuant to section 103(b).
(c) Integrated Labor Market Information System.--To carry out title
V, there is authorized to be appropriated--
(1) $90,000,000 for fiscal year 1996; and
(2) such sums as may be necessary for each succeeding
fiscal year.
SEC. 4. DEFINITIONS.
For purposes of this Act--
(1) the term ``development grant'' means a grant provided
to each State under section 103(a);
(2) the term ``implementation grant'' means a grant
provided under section 103(b);
(3) the term ``leading edge State'' means a State that has
been awarded an implementation grant under section 103(b);
(4) the term ``workforce development program'' means any of
the more than 150 federally funded job training programs
identified by the General Accounting Office in testimony on
March 3, 1994, before the Subcommittee on Employment, Housing
and Aviation of the Committee on Government Operations of the
House of Representatives, and any State-funded program that
provides job training assistance to individuals or assists
employers to identify or train workers;
(5) the terms ``integrated workforce development system''
and ``integrated system'' mean the system of employment,
training, and employment-related education programs, including
the mandatory programs described in section 404(a) and any
additional Federal or State programs designated by the Governor
of a State, comprising the consolidated system pursuant to
section 404(b);
(6) the term ``National Board'' means the National
Workforce Development Board established under section 101(b);
(7) the term ``Federal Blueprint'' means the National
Workforce Development Strategic Plan issued by the National
Board pursuant to section 101(c)(1);
(8) the term ``National Report Card'' means the Nation's
Workforce Development Report Card prepared pursuant to section
102;
(9) the term ``State Council'' means a State Workforce
Development Council established pursuant to section 201;
(10) the term ``State Blueprint'' means the State Workforce
Development Policy Blueprint prepared pursuant to section
204(a);
(11) the term ``State Report Card'' means the State
Workforce Development Report Card issued pursuant to section
204(b);
(12) the term ``workforce development board'' means a local
board established pursuant to section 301;
(13) the term ``unified service delivery area'' means the
common geographic service area boundaries established pursuant
to section 207 and overseen by a workforce development board;
(14) the term ``one-stop career center'' means an access
point for intake, assessment, referral, and placement services,
including services provided electronically, that is part of the
network established pursuant to section 304;
(15) the term ``hard-to-serve'' means an individual meeting
the requirements of section 203(b) of the Job Training
Partnership Act (29 U.S.C. 1603(b)); and
(16) the term ``Secretary'' means the Secretary of Labor,
unless the context suggests otherwise.
TITLE I--FEDERAL RESPONSIBILITIES
SEC. 101. NATIONAL WORKFORCE DEVELOPMENT BOARD.
(a) Findings.--Congress finds that a national workforce development
board is necessary to--
(1) oversee the establishment and continuous improvement of
the national workforce development system;
(2) provide policy guidance to enhance strategic planning
among the Federal agencies responsible for administering job
training programs;
(3) bring private sector expertise to the governance of the
national workforce development system; and
(4) take active steps to remove the legislative and
regulatory barriers to service integration.
(b) Establishment.--
(1) In general.--There is established the National
Workforce Development Board (referred to in this Act as the
``National Board'').
(2) Composition.--The National Board shall be comprised of
9 members, of whom--
(A) one member shall be the Secretary of Labor;
(B) one member shall be the Secretary of Education;
(C) one member shall be the Secretary of Health and
Human Services;
(D) three members shall be representatives of
business (including representatives of small businesses
and large employers);
(E) two members shall be representatives of
organized labor; and
(F) one member shall be selected from
representatives of--
(i) community-based organizations;
(ii) State and local governments; or
(iii) nongovernmental organizations that
have a history of successfully protecting the
rights of individuals with disabilities or
older persons.
(3) Additional requirements.--The members described in
subparagraphs (D), (E), and (F) of paragraph (2) shall--
(A) in the aggregate, represent a broad cross-
section of occupations and industries;
(B) to the extent feasible, be geographically
representative of the United States, and reflect the
racial, ethnic, and gender diversity of the United
States; and
(C) one member shall be a member of the National
Skill Standards Board established pursuant to the
National Skill Standards Act of 1994.
(4) Expertise.--The National Board and the staff shall have
sufficient expertise to effectively carry out the duties and
functions of the National Board.
(5) Business and labor advisory committees.--The National
Board may establish a business advisory committee and a labor
advisory committee which shall be comprised of members who are
appointed to the National Board pursuant to subparagraphs (D)
and (E) of paragraph (2), respectively, and members who are not
on the National Board, to assist the National Board to carry
out its duties pursuant to subsection (c).
(6) Appointment.--The members described in subparagraphs
(D), (E), and (F) of paragraph (2) shall be appointed by the
President, by and with the advice and consent of the Senate.
(7) Ex officio nonvoting members.--The Director of the
Office of Management and Budget, the Secretary of Commerce, the
chairpersons and ranking minority members of the Committee on
Labor and Human Resources of the Senate and the Committee on
Education and Labor of the House of Representatives shall be ex
officio, nonvoting members of the National Board.
(8) Terms.--Each member of the National Board appointed
under subparagraph (D), (E), and (F) of paragraph (2) shall be
appointed for a term of 4 years, except that of the initial
members of the National Board appointed under such
subparagraphs--
(A) two members shall be appointed for a term of 2
years;
(B) two members shall be appointed for a term of 3
years; and
(C) two members shall be appointed for a term of 4
years.
(9) Vacancies.--Any vacancy on the National Board shall not
affect the powers of the National Board, but shall be filled in
the same manner as the original appointments.
(10) Chairpersons.--The President, by and with the advice
and consent of the Senate, shall select one co-chairperson of
the National Board from among the members of the National Board
appointed under paragraph (2)(D) and one co-chairperson from
among the members appointed pursuant to paragraph (2)(E).
(11) Compensation and expenses.--
(A) Compensation.--Each member of the National
Board who is not a full-time employee or officer of the
Federal Government shall serve without compensation.
Each member of the National Board who is an officer or
employee of the Federal Government shall serve without
compensation in addition to that received for the
services of such member as an officer or employee of
the Federal Government.
(B) Expenses.--The members of the National Board
shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for employees
of agencies under subchapter I of chapter 57 of title
5, United States Code, while away from their homes or
regular places of business in the performance of
services for the National Board.
(12) Executive director and staff.--
(A) Executive director.--The co-chairpersons of the
National Board shall appoint an Executive Director who
shall be compensated at a rate determined by the
National Board, not to exceed the rate payable for
level V of the Executive Schedule under section 5316 of
title 5, United States Code.
(B) Staff.--The Executive Director may--
(i) appoint and compensate such additional
staff as may be necessary to enable the
National Board to perform its duties; and
(ii) fix the compensation of the staff
without regard to the provisions of chapter 51
and subchapter III of chapter 53 of title 5,
United States Code, relating to classifications
of positions and General Schedule pay rates,
except that the rate of pay for the staff may
not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such
title.
(13) Voluntary and uncompensated services.--Notwithstanding
section 1342 of title 31, United States Code, the National
Board is authorized, in carrying out this Act, to accept
voluntary and uncompensated services.
(14) Agency support.--
(A) Use of facilities.--The National Board may use
the research, equipment, services, and facilities of
any agency or instrumentality of the United States with
the consent of such agency or instrumentality.
(B) Staff of federal agencies.--Upon the request of
the National Board, the head of any Federal agency may
detail to the National Board, on a reimbursable basis,
any of the personnel of such Federal agency to assist
the National Board in carrying out this Act. Such
detail shall be without interruption or loss of civil
service status or privilege.
(15) Procurement of temporary and intermittent services.--
The co-chairpersons of the National Board may procure temporary
and intermittent services of experts and consultants under
section 3109(b) of title 5, United States Code.
(16) National commission for employment policy.--
(A) In general.--Part F of title IV of the Job
Training Partnership Act (29 U.S.C. 1771 et seq.) is
repealed.
(B) Conforming amendment.--Subsection (i) of
section 106 of such Act (29 U.S.C. 1516(i)) is amended
by striking ``(i) Functions of NCEP.--The National
Commission for Employment Policy'' and inserting ``(i)
Functions of National Workforce Development Board.--The
National Workforce Development Board established under
section 101 of the Job Training Consolidation and
Reform Act''.
(c) Duties.--
(1) National workforce development strategic plan.--
(A) In general.--Not later than July 1, 1995, and
every 2 years thereafter, the National Board shall
issue a National Workforce Development Strategic Plan
(referred to in this Act as the ``Federal Blueprint'').
(B) Requirements.--The Federal Blueprint shall
evaluate the progress being made toward streamlining,
consolidating, and reforming the workforce development
system of the United States, and toward the purposes
described in section 2(b). The Federal Blueprint
shall--
(i) compare the preparedness of the
workforce of the United States with the
workforce of other countries;
(ii) serve as a strategic plan to guide the
integration of federally funded workforce
development programs into a streamlined system;
(iii) assess the lessons learned from the
experience of leading edge States, and States
that waive certain program requirements to
experiment with alternative workforce
development strategies;
(iv) analyze how businesses are--
(I) progressing in the
restructuring of the workplace to
provide continuous learning for their
employees;
(II) improving the skills and
abilities of the front-line workers of
such businesses; and
(III) taking measures to integrate
public workforce development programs
into private sector training systems;
(v) make recommendations to Congress and
the President on ways to improve linkages
between federally funded business modernization
programs and federally funded workforce
development programs;
(vi) include a research agenda for the
National Board to carry out its activities;
(vii) evaluate the labor market information
of the Nation and recommend areas in need of
improvement; and
(viii) based on the evaluation of the
progress being made toward the development of
an integrated, accountable, effective workforce
development system, as described in the
National Report Card, make recommendations to
Congress and the President on ways to promote
further streamlining, consolidation, and
reform.
(2) Congressional testimony.--The co-chairpersons of the
National Board shall, at least annually, provide testimony,
during a joint hearing before the Committee on Labor and Human
Resources of the Senate and the Committee on Education and
Labor of the House of Representatives on the progress being
made in developing a more integrated and accountable public and
private workforce development system in the United States.
(3) Employer and worker training.--Not later than 180 days
after the date of enactment of this Act, the National Board
shall make recommendations to Congress and the President on
what measures can be taken, including changes in the tax codes,
to encourage employers and workers to invest in training and
skills upgrading, and to encourage employers to hire and train
hard-to-serve individuals.
(4) Review of grant proposals.--The National Board shall
review the implementation grant proposals pursuant to section
103(b) and the incentive grant proposals submitted pursuant to
section 307, and make recommendations to the Secretary
regarding such proposals.
(5) Coordination with the national skill standards board.--
The National Board shall annually hold a joint meeting with the
National Skill Standards Board established pursuant to section
503 of the National Skill Standards Act to ensure that Federal
efforts to reform and streamline the Nation's workforce
development system are integrated and coordinated.
(6) Final recommendations.--Not later than June 1, 1999,
the National Board shall submit recommendations in the form of
a joint resolution to the President and Congress, pursuant to
section 403(b).
SEC. 102. NATIONAL REPORT CARD.
(a) In General.--Not later than July 1, 1996, and each July 1
thereafter, the National Board shall prepare a report to be known as
the Nation's Workforce Development Report Card (referred to in this Act
as the ``National Report Card'').
(b) Requirements.--The National Report Card shall assess the
performance of the workforce development system of the United States,
based on the earnings and employment gains and other nonemployment-
related outcomes of individuals assisted by the programs comprising
such system. The National Report Card shall evaluate all workforce
development programs that receive Federal funding, and shall--
(1) assess the performance of each program;
(2) assess performance based on the type of assistance
provided, including the categories of services identified in
section 105(b)(1)(C);
(3) assess year-to-year changes in performance;
(4) report on the extent to which hard-to-serve populations
are receiving services and the related outcomes in relation to
services received in the preceding three years;
(5) determine the annual Federal investment in workforce
development in each State; and
(6) assess the performance of the workforce development
system in each State.
SEC. 103. MECHANISMS FOR BUILDING HIGH QUALITY INTEGRATED WORKFORCE
DEVELOPMENT SYSTEMS.
(a) State Development Grants.--
(1) Purpose.--The purpose of this subsection is to assist
States and communities in strategic planning for integrated
workforce development systems, including the development of a
financial and management information system, a quality
assurance system, and an integrated labor market information
system.
(2) Grants to states.--On the application of the Governor
of a State, on behalf of the State, the Secretary may provide a
development grant to the State in such amount as the Secretary,
in consultation with the National Board, determines to be
necessary to enable such State to develop a strategic plan
pursuant to paragraph (1) for the development of a
comprehensive statewide integrated workforce development
system.
(3) Application.--To be eligible to receive a development
grant under this subsection, the Governor of a State, on behalf
of the State, shall submit to the National Board and the
Secretary an application, at such time, in such form, and
containing such information as the Secretary may require.
(b) Implementation Grants to Leading Edge States.--
(1) Purpose.--The purpose of this subsection is to assist
States in the implementation of statewide high quality
integrated workforce development systems that are accountable
for achieving results.
(2) Grants to states.--On the application of a Governor of
a State, on behalf of the State, in accordance with paragraph
(6), the Secretary, in consultation with the National Board,
may provide an implementation grant to the State in such amount
as the Secretary determines to be necessary to enable such
State to implement an integrated workforce development system.
(3) Period of grant.--The provision of payments under a
grant under this subsection shall not exceed 4 fiscal years,
and shall be subject to the annual approval of the Secretary,
in consultation with the National Board, and the availability
of appropriations for the fiscal year involved.
(4) Allocation requirements.--
(A) First year.--In the first fiscal year in which
a State receives amounts from an implementation grant
under subsection (b), the State shall use not less than
75 percent of such amount to provide subgrants to local
workforce development boards.
(B) Second year.--In the second fiscal year in
which a State receives amounts from an implementation
grant under subsection (b), the State shall use not
less than 80 percent of such amount to provide
subgrants to local workforce development boards.
(C) Third and succeeding years.--In the third, and
each succeeding, fiscal year in which a State receives
amounts from an implementation grant under subsection
(b), the State shall use not less than 85 percent of
such amount to provide subgrants to local workforce
development boards.
(5) Limitation.--A State shall be eligible to receive not
more than 1 implementation grant under this subsection.
(6) Application.--To be eligible to receive an
implementation grant under this subsection, the Governor of a
State, on behalf of the State, shall submit to the National
Board and the Secretary an application that shall include a
copy of the State Blueprint and such other information as the
Secretary, with the advice of the National Board, may require.
(c) Dissemination of Information on Best Practices.--
(1) In general.--The Secretary, in consultation with the
National Board, shall--
(A) collect and disseminate information that will
assist State and local communities undertaking
activities to streamline and reform their job training
systems, including information on--
(i) the successful experiences of States
and localities that have received development
or implementation grants, or that have been
granted waivers; and
(ii) research concerning the restructuring
of workforce development systems; and
(B) facilitate the exchange of information and
ideas among States and local entities carrying out job
training reform initiatives.
(2) Use of information clearinghouses and other entities.--
To carry out this subsection, the Secretary and the National
Board shall utilize such mechanisms as--
(A) the Capacity Building and Information
Dissemination Network established pursuant to section
453(b) of the Job Training Partnership Act (29 U.S.C.
1733(b));
(B) the education resources information center
clearinghouses referred to in the General Education
Provisions Act (20 U.S.C. 1221e);
(C) the National Network for Curriculum
Coordination in Vocational and Technical Education
established under section 402(c)(2) of the Carl D.
Perkins Vocational and Applied Technology Education Act
(20 U.S.C. 2402(c)(2));
(D) the National Institute for Literacy established
under section 384 of the Adult Education Act (20 U.S.C.
1213c); and
(E) the State Literacy Resource Centers established
under section 356 of such Act (20 U.S.C. 1208aa).
(d) Workforce Development Impact Reports.--
(1) Submission.--For each bill or resolution concerning
workforce development reported by any committee of the Senate
or the House of Representatives, the National Board shall
determine whether proposed Federal job training legislation
complies with the data reporting, common definitions, and
common funding cycles described in subsections (b) and (e) of
section 105. A determination of compliance by the National
Board under this subsection shall be included in the committee
report accompanying such legislation, if timely submitted to
such committee before such report is filed.
(2) Procedure.--It shall not be in order in the Senate or
the House of Representatives to consider any bill or resolution
concerning workforce development that would not comply with the
national workforce development system, as determined by the
National Board under paragraph (1).
(3) Waiver.--This subsection may be waived or suspended in
the Senate or the House of Representatives only by the
affirmative vote of three-fifths of the members of such House.
SEC. 104. CENTRALIZED WAIVERS.
(a) Expedited Process.--Not later than 180 days after the date of
enactment of this Act, the President shall establish an expedited
process to consider and act on waiver requests submitted by the States
under this section.
(b) States Not Receiving Implementation Grants.--
(1) In general.--Any State may apply, in accordance with
this section, for a waiver relating to provisions of law or
regulations for one or more of the programs listed in section
404(a), for a period of 2 years to facilitate the provision of
assistance for workforce development.
(2) Waiver authority.--A waiver may be granted under this
subsection only if--
(A) the requirement sought to be waived impedes the
ability of the State, or a local entity in the States,
to carry out the State or local workforce development
plan;
(B) the State has waived, or agrees to waive,
similar requirements of State law; and
(C) in the case of a statewide waiver, the State--
(i) provides all State and local agencies
and appropriate organizations in the State with
notice and an opportunity to comment on the
State's proposal to seek a waiver; and
(ii) submits the affected agency's comments
with the waiver application.
(3) Application.--Each application submitted under this
subsection shall--
(A) identify the statutory or regulatory
requirements that are requested to be waived and the
goals that the State or local agency intends to
achieve;
(B) describe the action that the State has
undertaken to remove State statutory or regulatory
barriers identified in the application;
(C) describe the goals of the waiver and the
expected programmatic outcomes if the request is
granted;
(D) describe the numbers and types of people to be
affected by such waiver;
(E) describe a timetable for implementing the
waiver;
(F) describe the process the State will use to
monitor, on a biannual basis, the progress in
implementing the waiver; and
(G) describe how the goals of the waived program or
programs will continue to be met.
(c) States Receiving Implementation Grants.--Subject to subsection
(d), each State receiving an implementation grant under section 103(b)
shall have the provisions of law, or regulations under such provisions,
described in its grant application or State Blueprint of such State
waived for the duration of the implementation grant.
(d) Limitations.--
(1) In general.--A waiver shall not be granted of a
provision of law (or a regulation under such provision) under a
workforce development program if such waiver would alter--
(A) the purposes or goals of such program;
(B) the allocation of funds under such program;
(C) any provision of law under such program
relating to public health or safety, civil rights,
protections granted under title I and sections 503 and
504 of the Rehabilitation Act of 1973 (29 U.S.C. 701 et
seq.), occupational safety and health, environmental
protection, displacement of current employees, or fraud
and abuse; or
(D) eligibility requirements under such program,
except that a waiver may be granted with respect to an
eligibility requirement if such waiver would provide
for increased flexibility in developing common
definitions for individuals eligible for such program.
(2) Circulars and related regulations.--The following
circulars promulgated by the Office of Management and Budget
shall be subject to the waiver authority of this subsection:
(A) A-87, relating to cost principles for State and
local governments.
(B) A-102, relating to grants and cooperative
agreements with State and local governments.
(C) A-122, relating to nonprofit organizations.
(D) A-110, relating to administrative requirements
for grants and cooperative agreements with nonprofit
organizations and institutions of higher education.
(E) A-21, relating to cost principles for
institutions of higher education.
(3) Effective date.--A waiver granted under this section
shall take effect on the date such waiver is granted.
(4) Review of application.--Each application submitted by a
State pursuant to paragraph (3) shall be reviewed by the
Secretary or agency head who has jurisdiction over the
workforce development program or programs to which such waiver
request relates.
(5) Approval or disapproval of application.--
(A) Timing.--Each application submitted by a State
in accordance with subsection (b)(3) shall be reviewed
promptly upon receipt, and shall be approved or
disapproved not later than the end of the 60-day period
beginning on the date such application is received.
(B) Approval.--Waiver or waivers proposed in an
application may be approved for the 2-year period
beginning on the date such application is approved, if
the State demonstrates in the application that such
waiver or waivers would achieve coordination,
expansion, and improvement in the quality of services
under its workforce development system.
(C) Disapproval and resubmission.--If an
application is incomplete or unsatisfactory, the
appropriated Federal official shall, before the end of
the period referred to in subparagraph (A)--
(i) notify the State of the reasons for the
failure to approve the application;
(ii) notify the State that the application
may be resubmitted during the period referred
to in clause (iii); and
(iii) permit the State to resubmit a
corrected or amended application during the 60-
day period beginning on notification under this
subparagraph.
(D) Review of resubmitted application.--Any
application resubmitted under subparagraph (C) shall be
approved or disapproved before the expiration of the
60-day period beginning on the date of the
resubmission.
(6) Revocation of waiver.--If, after approving an
application under this subsection, it is found that the waiver
or waivers do not achieve coordination, expansion, and
improvement in the quality of services under the workforce
development programs to which such waiver or waivers relate,
the waiver or waivers may be revoked in whole or in part.
(7) Notification of inspector general.--The inspector
general of any Federal agency that has jurisdiction over a
workforce development program for which a waiver or waivers has
been approved shall be notified of the grant of such waiver.
SEC. 105. QUALITY ASSURANCE SYSTEM.
(a) Purpose.--The purpose of this section is to improve the quality
of all Federal programs directed at improving the knowledge, skills,
and abilities of members of the workforce by strengthening
accountability and encouraging the adoption of quality improvement
processes at all levels of the workforce development system. In order
to accomplish this purpose, this Act--
(1) directs the Secretaries of Labor, Education, and Health
and Human Services to jointly, in consultation with the
National Board--
(A) develop common terms and definitions as
described in subsection (b);
(B) develop a placement accountability system as
described in subsection (c); and
(C) adjust existing program performance standards
as described in section 210; and
(2) directs the National Board to recommend a system of
performance standards in its joint resolution submitted to
Congress pursuant to section 403(b) that includes standard
outcome measures relating to--
(A) employment;
(B) job retention;
(C) earnings; and
(D) nonemployment outcome measures (such as
learning and competency gains).
(b) Common Terms and Definitions.--
(1) In general.--Each workforce development program that
receives Federal funds shall collect and report to the Governor
and the State Council, if applicable, for each participant to
whom assistance is provided, the following information:
(A) The quarterly employment status and earnings
for 1 year after the participant no longer receives
assistance under such program.
(B) Economic and demographic characteristics,
including the participant's--
(i) social security number;
(ii) date of birth;
(iii) gender;
(iv) race or ethnicity;
(v) disability status;
(vi) education (highest formal grade level
achieved at commencement of participation in
program);
(vii) academic degrees and credentials at
time of entry into the program; and
(viii) employment status at time of entry
into the program, including--
(I) scheduled hours of work per
week (if employed);
(II) weeks of unemployment (if not
employed);
(III) status as a homeless
individual;
(IV) veteran status; and
(V) information regarding the
receipt by the individual of public
financial assistance (including
Federal, State, and local assistance).
(C) Services received, the extent, when
appropriate, and spending for such services,
including--
(i) assessments;
(ii) testing;
(iii) counseling;
(iv) job development or job search
assistance;
(v) occupational skills training, including
on-the-job training;
(vi) work experience;
(vii) job readiness training;
(viii) basic skills education;
(ix) postsecondary academic education
(nonoccupational); and
(x) supportive and supplementary services.
(D) Program outcomes, as specified by the State,
such as--
(i) advancement to higher level education
or training;
(ii) attainment of additional degrees or
credentials (including skill standards as such
standards become available);
(iii) assessment of learning gain in basic
skills programs;
(iv) attainment and retention of subsidized
or unsubsidized employment;
(v) quarterly earnings; and
(vi) reduction in welfare dependency.
(E) Other data elements that may be added to the
items required to be collected and reported for all
program participants, as the National Board develops
additional standard definitions, including--
(i) date of entry into the program and date
of exit from the program;
(ii) program applicant, program
participant, and program terminee; and
(iii) attainment of recognized skills
standards.
(2) Replacement of existing requirements.--Program
monitoring under this section shall supplant existing
monitoring and reporting requirements for program participants.
(3) Adoption of common terms and definitions.--
(A) Report.--Not later than 180 days after the date
of enactment of this Act, each Federal department and
agency with responsibility for a workforce development
program shall report to the National Board on its
progress in adopting the common terms and definitions
for program participants, service activities, and
outcomes by program operators and grant recipients.
(B) Implementation.--Not later than 1 year after
the date of enactment of this Act, each workforce
development program receiving Federal funds shall use
the common terms and definitions.
(C) Use.--Upon adoption by the appropriate Federal
agencies, the common definitions for terminology
developed and reported pursuant to section 455 of the
Job Training Partnership Act (29 U.S.C. 1735(b)) shall
be utilized in interpreting and compiling the core data
elements. Notwithstanding any other provision of
Federal law, such common definitions shall be utilized
in lieu of existing program definitions for similar
data elements.
(4) Recommendations.--Not later than 180 days after the
date all of the Members of the National Board are appointed,
the National Board shall make recommendations to the
Secretaries of Labor, Education, and Health and Human Services,
and the heads of other agencies operating workforce development
programs, on common definitions for other terms, including
terms relating to--
(A) program status, including--
(i) applicant;
(ii) participant;
(iii) terminee; and
(iv) training-related placement;
(B) program eligibility, including--
(i) family income; and
(ii) economically disadvantaged
individuals; and
(C) other terms considered appropriate by the
National Board, such as common cost categories.
(5) Amendments.--If any of the proposed common definitions
require amendment to existing laws, the National Board shall
submit to Congress recommendations for legislative action not
later than 9 months after the date all of the members of the
National Board are appointed.
(c) Placement Accountability.--
(1) In general.--The purpose of this subsection is to
establish a placement accountability system using a cost-
effective data source with information on job placement,
earnings, and job retention, to foster accountability by all
federally funded workforce development programs.
(2) Performance monitoring.--Each workforce development
program that receives Federal funds shall--
(A) engage in continuous performance self-
monitoring by measuring, at a minimum, the quarterly
employment status and earnings of each recipient of
assistance under such program; and
(B) monitor each recipient of assistance for a
period of not less than 1 year, beginning on the date
on which the recipient no longer receives assistance
under such program.
(3) Information matching.--
(A) Core data.--Each workforce development program
that receives Federal funds shall provide the
information described in subsection (b) regarding
program participants to the State agency responsible
for labor market information designated in title V.
(B) Matching.--The State agency responsible for
labor market information designated in title V shall,
in conjunction with the Bureau of Labor Statistics,
match the information provided pursuant to subparagraph
(A) with quarterly employment and earnings records.
(4) Reimbursement.--Requesting programs shall reimburse the
State agency responsible for wage record data for the cost of
matching such information. Notwithstanding any other provision
of Federal law, requesting programs may use Federal funds for
such reimbursement.
(5) Confidentiality.--Requesting pro- grams--
(A) shall protect the confidentiality of wage
record data through the use of recognized security
procedures; and
(B) may not retain such data for more than 10
years.
(6) Submission to state council.--The State agency
responsible for labor market information shall submit the
results of the matching to the State Council, in accordance
with procedures and schedules specified by the National Board
and the Secretary.
(7) Responsibility of governors.--The Governor of each
State shall ensure the submission of the matched data to the
State Council, the National Board, the Secretary, and other
Federal entities, as required by the National Board.
(d) Dissemination of Quality Assurance.--The information obtained
under subsection (c) shall be made available to--
(1) the State Council of the State in which the program is
located;
(2) the local workforce development boards in the State in
which the program is located; and
(3) consumers of labor market information to judge
individual program performance in an easily accessible format.
(e) Consistent Funding Cycles.--
(1) In general.--All federally funded workforce development
training activities shall, to the extent practicable, be funded
on a consistent funding cycle basis.
(2) Recommendations for funding cycle.--Not later than 180
days after the date on which all of the members of the National
Board are appointed, the National Board shall make
recommendations to Congress on the appropriate funding cycle to
be used for all workforce development programs and activities.
TITLE II--STATE RESPONSIBILITIES
SEC. 201. STATE WORKFORCE DEVELOPMENT COUNCILS.
(a) Establishment.--Each State desiring to participate in the
development of an integrated and accountable workforce development
system under the procedures specified in section 103(b) shall establish
a State Workforce Development Council (referred to in this Act as a
``State Council'') or have located within such State an existing entity
that is similar to a State Council and that includes members who are
representatives of employers and workers.
(b) Purpose.--Each State Council shall serve as the principal
advisory board for the Governor of such State for all programs included
in the State's integrated workforce development system.
(c) Functions.--Each State Council shall assume the functions and
responsibilities of councils and commissions required under Federal law
that are part of the integrated workforce development system of such
State.
SEC. 202. MEMBERSHIP.
(a) In General.--
(1) Representatives of business and industry and organized
labor.--Each State Council shall be comprised of individuals
who are appointed by the Governor for a term of not less than 2
years from among--
(A) representatives of business and industry, who
shall constitute not less than 33 percent of the
membership of the State Council, including individuals
who are members of local workforce development boards;
and
(B) representatives of organized labor who shall
constitute not less than 25 percent of the membership
of the State Council and shall be selected from among
individuals nominated by recognized State labor
federations.
(2) Additional members.--Each State Council may include one
or more qualified members who are appointed by the Governor
from among representatives of the following:
(A) Postsecondary institutions.
(B) Secondary or postsecondary vocational education
institutions.
(C) Community-based organizations.
(D) Nongovernmental organizations that have a
history of successfully protecting the rights of
individuals with disabilities or older persons.
(E) Units of general local government or consortia
of such units.
(F) State officials responsible for administering
programs listed in sections 402 and 404(a), and
included in the integrated system.
(G) The State legislature.
(H) Any local program that receives Federal funding
from any program included in the integrated workforce
development system of the State.
(b) Ex Officio.--
(1) Nonvoting members.--The Governor may appoint ex officio
additional nonvoting members to the State Council.
(2) Expertise.--The Governor of the State shall ensure that
the State Council and the staff of the State Council have
sufficient expertise to effectively carry out the duties and
functions of the State Council described under the laws
relating to the applicable program.
(c) Advisory Committees.--Each State Council may establish a
business and a labor advisory committee to assist the State Council in
carrying out its duties pursuant to section 204. Membership on such
advisory committees shall include State Council members from the
business and labor communities and such additional members as the State
Council requires.
SEC. 203. CHAIRPERSON.
The Governor of the State shall appoint a chairperson of the State
Council who is a representative of the business community.
SEC. 204. DUTIES AND RESPONSIBILITIES.
(a) State Workforce Development Policy Blueprint.--The State
Council shall assist the Governor to prepare and submit to the National
Board a biennial report to be known as the State Workforce Development
Policy Blueprint (referred to in this Act as the ``State Blueprint'').
The State Blueprint shall--
(1) serve as a strategic plan for integrating federally
funded workforce development programs included in an integrated
system of the State, established pursuant to section 103(b),
with State-funded job training, employment, employment-related
education, and economic development activities;
(2) summarize and analyze information about training needs
of critical industries in the State contained in the local
workforce development policy blueprints developed by the
workforce development board;
(3) establish State goals for the integrated workforce
development system and a common core set of performance
measures and standards for programs included in the system, to
be used in lieu of existing performance measures and standards
for each of the included programs;
(4) analyze how the businesses of the State are--
(A) progressing in the restructuring of the
workplace to provide continuous learning;
(B) improving the skills and abilities of front-
line workers of such businesses; and
(C) participating in State and local efforts to
transform federally funded education and job training
programs into a coherent and accountable workforce
development system;
(5) utilize information available from the State Report
Card and other sources to analyze the relative effectiveness of
individual workforce development programs within the State and
of the State's workforce development system as a whole;
(6) evaluate the progress being made within the State in
streamlining, consolidating, and reforming the workforce
development system of the State in accordance with the purposes
contained in section 2(b) and the framework for State
implementation contained in the implementation grant proposal
of the State;
(7) describe how service to special hard-to-serve
populations is to be maintained;
(8) identify how any funds that a State may be receiving
under section 103(b) are to be utilized in conjunction with
existing resources to continuously improve the effectiveness of
the workforce development system of the State;
(9) describe the method to be used to allocate funds
received under section 103(b) in a fair and equitable manner
among unified service delivery areas;
(10) specify the additional elements, if any, to be
included in operating agreements between local workforce
development boards and one-stop career centers;
(11) specify additional criteria, if any, for selection of
one-stop career centers;
(12) specify the conditions under which the requirements of
section 304(g) may be waived;
(13) specify the nonemployment-related outcome measures
that will be used for the workforce development system;
(14) specify the nature and scope of the budget authority
for local workforce development boards in the State; and
(15) supplant federally required planning reports for
programs under the integrated workforce development system of
the State.
(b) State Workforce Development Report Card.--The State Council
shall assist the Governor of the State to issue an annual report to be
known as the State Workforce Development Report Card (referred to in
this Act as the ``State Report Card''). The State Report Card shall
describe the performance of all workforce development programs
operating in the State that receive Federal funding and any additional
State-funded programs that the Governor may choose to include. The
State Report Card shall--
(1) include an integrated budget that documents the annual
spending, number of clients served, and types of services
provided for workforce development programs for the State as a
whole and for each unified service delivery area within the
State;
(2) assess the maintenance of effort to hard-to-serve
populations in relation to the number served and outcomes for
those populations in the preceding 3 years;
(3) utilize information available from the quality
assurance system established under section 105 to assess--
(A) employment and earnings experiences of
individuals who have received assistance from each
workforce development program operated in the State;
and
(B) relative employment and earnings experiences of
participants receiving services from each one-stop
career center in the State;
(4) include an analysis of other nonemployment-related
results for each workforce development program operating within
the State; and
(5) include a report of annual employment trends and
earnings (by industry and occupation) in the State and each
unified service delivery area, to assist State and local policy
makers, training providers, and users of the system to link the
training provided to the skill and labor force needs of local
employers.
(c) Workforce Development Board Certification and Effectiveness
Criteria.--Each State Council shall--
(1) assist the Governor to certify each local workforce
development board; and
(2) make recommendations to the Governor for criteria that
will be used to judge the effectiveness of each of the
workforce development boards of the State.
SEC. 205. DEVELOPMENT OF QUALITY ASSURANCE SYSTEMS AND CONSUMER
REPORTS.
(a) In General.--The State Council shall develop a quality
assurance system to complement and expand upon the quality assurance
system established in section 105 in order to provide customers of job
training services with consumer reports on the supply, demand, price,
and quality of job training services in each unified service delivery
area in the State.
(b) Selection of Tools and Measures.--Each State shall select the
tools and measures that are appropriate to the needs of such State,
including, but not limited to--
(1) collecting and organizing service provider performance
data in accordance with information generated from the State
Report Card under section 204(b), the financial and management
information system designed pursuant to section 208, and the
labor market information system of the State described in
section 501; and
(2) conducting surveys as appropriate to ascertain customer
satisfaction.
(c) Collection and Dissemination.--The State Council shall, in
conjunction with the local workforce development boards, establish
mechanisms for collecting and disseminating the quality assurance
information on a regular basis to--
(1) individuals seeking employment;
(2) employers;
(3) policymakers at the Federal, State, and local levels;
and
(4) training and education providers.
(d) Assurances.--Each public and private education, training, and
career development service provider receiving Federal funds under a
program in an integrated system of the State pursuant to section 103(b)
shall collect and provide the quality assurance information required
under this section.
SEC. 206. ADMINISTRATION.
(a) Authorities.--Each State Council shall be independent of other
State workforce development agencies and have the authority to--
(1) employ staff; and
(2) receive and disburse funds.
(b) Special Projects.--Each State Council may fund and operate
special pilot or demonstration projects for purposes of research or
continuous improvement of system performance.
(c) Limitation on Use of Funds.--Not more than 5 percent of the
funds received by the State from an implementation grant under section
103(b) shall be used for the administration of the State Council.
SEC. 207. ESTABLISHMENT OF UNIFIED SERVICE DELIVERY AREAS.
(a) Recommendations.--Each State Council shall make recommendations
to the Governor of such State for the establishment of unified service
delivery areas that may be used as intrastate geographic boundaries, to
the extent practicable, for all workforce development programs in an
integrated system of the State pursuant to section 103(b).
(b) Establishment.--Each State receiving an implementation grant
under section 103(b) shall, based upon the recommendations of the State
Council, and in consultation and cooperation with local communities,
establish unified service delivery areas throughout the State for the
purpose of providing community wide workforce development assistance in
one-stop career centers under section 304.
(c) Responsibilities.--In establishing unified service delivery
areas, the Governor, in consultation with the State Council and local
communities--
(1) shall take into consideration existing--
(A) labor market areas;
(B) units of general local government;
(C) service delivery areas established under
section 101 of the Job Training Partnership Act (29
U.S.C. 1511); and
(D) the distance traveled by individuals to receive
services;
(2) may merge existing service delivery areas; and
(3) may not approve a total number of unified service
delivery areas that is greater than the total number of service
delivery areas in existence in the State on the date of
enactment of this Act.
SEC. 208. FINANCIAL AND MANAGEMENT INFORMATION SYSTEMS.
(a) In General.--Each State shall use a portion of the funds it
receives under section 103(a) to design a unified financial and
management information system. Each State that receives an
implementation grant under section 103(b) shall require that all
programs designated in the integrated system use the unified financial
and management information system.
(b) Requirements.--Each unified financial and management
information system shall--
(1) be used by all agencies involved in workforce
development activities, including one-stop career centers which
shall have the capability to track the overall public
investments within the State and unified service delivery
areas, and to inform policymakers as to the results being
achieved through that investment;
(2) contain a common structure of financial reporting
requirements, fiscal systems, and monitoring for all workforce
development expenditures included in the integrated system that
shall utilize the common data elements and definitions included
in subsections (b) and (c) of section 105;
(3) support local efforts to establish unified service
systems, including intake and eligibility determination for all
financial aid sources; and
(4) notwithstanding any other provision of Federal law,
supplant federally required fiscal reporting and monitoring for
each individual program included in the integrated system.
SEC. 209. CAPACITY BUILDING GRANTS.
From funds made available to a State for implementation pursuant to
section 103(b) or development pursuant to section 103(a), the State
shall develop a strategy to enhance the capacity of the institutions,
organizations, and staff involved in State and local workforce
development activities by providing services such as--
(1) training for members of the local workforce development
boards;
(2) training for front-line staff of any local education or
training service provider or one-stop career center;
(3) technical assistance regarding managing systemic
change;
(4) customer service training;
(5) organization of peer-to-peer networks for training,
technical assistance, and information sharing;
(6) organizing a best practices database covering the
various workforce development system components; and
(7) training for State and local staff on the principles of
quality management and decentralizing decisionmaking.
SEC. 210. PERFORMANCE STANDARDS FOR UNIFIED SERVICE DELIVERY AREAS.
(a) In General.--The Governor of each State that implements an
integrated workforce development system under section 103(b) may, in
consultation with the State Council, the local workforce development
boards in the State, and employees of any of the job training programs
included in the integrated system or the employee organizations of such
employees, make adjustments to existing performance standards for
programs in such system in the unified service delivery area of the
State.
(b) Criteria.--Criteria developed pursuant to subsection (a) may
include such factors as--
(1) placement, retention, and earnings of participants in
unsubsidized employment, including--
(A) earnings at 1, 2, and 4 quarters after
termination from the program; and
(B) comparability of wages 1 year after termination
from the program with wages prior to participation in
the program;
(2) acquisition of skills pursuant to a skill standards and
skill certification system endorsed by the National Skill
Standards Board established pursuant to section 503 of the
National Skill Standards Act of 1994;
(3) the satisfaction of participants and employers with
services provided and employment outcomes; and
(4) the quality of services provided and the maintenance of
effort to hard-to-serve populations, such as low-income
individuals and older workers.
(c) Adjustments.--Each Governor of a State that implements an
integrated workforce development system under section 103(b) shall,
within parameters established by the National Board, and after
consultation with the workforce development boards in the State,
prescribe adjustments to the performance criteria prescribed under
subsections (a) and (b) for the unified service delivery areas based
on--
(1) specific economic, geographic, and demographic factors
in the State and in regions within the State; and
(2) the characteristics of the population to be served,
including the demonstrated difficulties in serving special
populations.
(d) Use of Criteria.--The performance criteria developed pursuant
to this section shall be utilized in lieu of similar criteria for
programs receiving Federal funding included in the integrated system of
the State, to the extent determined by the State Council subject to the
approval of the National Board.
TITLE III--LOCAL RESPONSIBILITIES
SEC. 301. WORKFORCE DEVELOPMENT BOARDS.
(a) Establishment.--In each State receiving an implementation grant
under section 103(b), and subject to subsection (b) of this section,
the local elected officials of each unified service delivery area shall
establish a workforce development board to administer the workforce
development assistance provided by all the programs in the integrated
workforce development system in such area.
(b) Exception.--States with a single unified delivery area with
contiguous borders shall not be subject to the requirement of
subsection (a).
(c) Membership.--Each workforce development board shall be
comprised of--
(1) representatives of business and industry, who shall
constitute a majority of the board and who shall be business
leaders in the unified service delivery area;
(2)(A)(i) representatives of organized labor organizations,
who shall be selected from among individuals nominated by
recognized State labor federations; and
(ii) representatives of community-based organizations, who
shall be selected from among those individuals nominated by
officers of such organizations; and
(B) who shall comprise not less than 30 percent of the
membership of the board;
(3) representatives of educational institutions;
(4) community leaders, such as leaders of--
(A) economic development agencies;
(B) human service agencies and institutions;
(C) veterans organizations; and
(D) entities providing job training;
(5) representatives of nongovernmental organizations that
have a history of successfully protecting the rights of
individuals with disabilities or older persons; and
(6) a local elected official, who shall be a nonvoting
member.
(d) Nominations.--
(1) Business and industry representatives.--
(A) In general.--The representatives of business
and industry under paragraph (1) of subsection (c)
shall be selected by local elected officials from among
individuals nominated by general purpose business
organizations after consultation with, and receiving
recommendations from, other business organizations in
the unified service delivery area.
(B) Definition.--For purposes of this paragraph,
the term ``general purpose business organization''
means an organization that admits to membership any
for-profit business operating within the unified
service delivery area.
(2) Labor representatives.--The representatives of
organized labor under paragraph (2) of subsection (c) shall be
selected from among individuals recommended by recognized State
and local labor federations. If the State or local labor
federation fails to nominate a sufficient number of
individuals, individual workers may be included on the
workforce development board as labor representatives.
(3) Other members.--The members of the workforce
development board described in paragraphs (1), (4), and (5) of
subsection (c) shall be selected by chief local elected
officials in accordance with subsection (e) from individuals
recommended by interested organizations.
(4) Expertise.--The State Council and Governor of each
State shall ensure that the workforce development board and the
staff of the State Council have sufficient expertise to
effectively carry out the duties and functions of existing
local boards described under the laws relating to the
applicable program. Such expertise shall include, where
appropriate, knowledge of--
(A) the long-term needs of individuals preparing to
enter the workforce;
(B) the needs of State, local, and regional labor
markets; and
(C) the methods for evaluating the effectiveness of
education and job training programs in serving various
populations.
(e) Appointment Process.--In the case of a unified service delivery
area--
(1) in which there is one unit of general local government,
the chief elected official of such unit shall determine the
number and appoint members to the board from the individuals
nominated or recommended under subsection (d); and
(2) in which there are 2 or more units of general local
government, the chief elected officials of such units shall
determine the number and appoint members to the workforce
development board from the individuals nominated or recommended
under subsection (d), in accordance with an agreement entered
into by such units of general local government or, in the
absence of such an agreement, by the Governor of the State in
which the unified service delivery area is located.
(f) Terms.--Each workforce development board shall establish, in
its bylaws, terms to be served by its members, who may serve until the
successors of such members are appointed.
(g) Vacancies.--Any vacancy on a workforce development board shall
be filled in the same manner as the original appointment was made.
(h) Removal for Cause.--Any member of a workforce development board
may be removed for cause in accordance with procedures established by
the workforce development board.
(i) Chairperson.--Each workforce development board shall select a
chairperson, by a majority vote of the members of the board, from among
the members of the workforce development board who are from business or
industry. The term of the chairperson shall be determined by the board.
(j) Subcommittees.--Each workforce development board may establish
business and labor subcommittees to advise the board on workforce
development issues. Such subcommittees shall have as members
representatives of the business and labor communities, and such other
members as the board determines necessary.
(k) Duties.--Each workforce development board shall--
(1) prepare a workforce development board policy blueprint
in accordance with section 302;
(2) issue an annual unified service delivery area report
card in accordance with section 303;
(3) review and comment on the local plans for all programs
included in the integrated workforce development system of the
State and operating within the unified service delivery area,
prior to the submission of such plans to the appropriate State
Council, or the relevant Federal agency, if no State approval
is required;
(4) oversee the operations of the one-stop career center
established in the unified service delivery area under section
304, including the responsibility to--
(A) designate one-stop career center operators
within the unified service delivery area consistent
with selection criteria specified in section 204(a);
(B) develop and approve the budgets and annual
operating plans of the one-stop career centers;
(C) establish annual performance standards,
customer service quality criteria, and outcome measures
for the one-stop career centers, consistent with
measures developed pursuant to sections 210;
(D) assess the results of programs and services;
(E) ensure that services and skills provided
through the centers are of high quality and are
relevant to labor market demands; and
(F) determine priorities for client services from
Federal funding sources in the system;
(5) develop a strategy to disseminate consumer reports
produced under section 205 to workers, jobseekers, and
employers, and other individuals in the unified service
delivery area; and
(6) upon recommendation of a business or labor advisory
committee, the local board may apply to the Secretary for a
grant in the amount of 50 percent of the cost of establishing
innovative models of workplace training and upgrading of
incumbent workers pursuant to section 307.
(k) Administration.--
(1) In general.--Each local workforce development board
shall have the authority to receive and disburse funds made
available for carrying out the provisions of this Act and shall
employ its own staff, independent of local programs and service
providers.
(2) Funding.--Each workforce development board shall
receive a portion of its funding from the implementation grant
of the State, with additional funds made available from
participating programs.
(l) Conflict of Interest.--No member of a workforce development
board shall cast a vote on the provision of services by that member (or
any organization which that member directly represents) or vote on any
matter that would provide direct financial benefit to such member.
SEC. 302. WORKFORCE DEVELOPMENT BOARD POLICY BLUEPRINT.
(a) In General.--Each workforce development board shall prepare and
submit to the State Council a biennial report, to be known as the
workforce development board policy blueprint, except that in States
with a single unified service delivery area, the additional elements
required in the regional blueprint shall be incorporated into the State
Blueprint.
(b) Requirements.--The workforce development board policy blueprint
shall--
(1) include a list of the key industries and industry
clusters of small- to mid-size firms that are most critical to
the current and future economic competitiveness of unified
service delivery area;
(2) identify the workforce development needs of the
critical industries and industry clusters;
(3) summarize the capacity of local education and training
providers to respond to the workforce development needs;
(4) indicate how the local workforce development programs
intend to strategically deploy resources available from
implementation grants and existing programs operating in the
unified service delivery area to better meet the workforce
development needs of critical industries and industry clusters
in the unified service delivery area and enhance program
performance;
(5) include a plan to develop one-stop career centers, as
described in section 304, including an estimate of the costs in
personnel and other resources to develop a network adequate to
provide universal access to such centers in the local labor
market;
(6) describe how services will be maintained to all groups
served by the participating programs in accordance with their
legislative intent, including hard-to-serve populations;
(7) identify actions for building the capacity of the
workforce development system in the unified service delivery
area; and
(8) report on the level and recent changes in earned income
of workers in the local labor market, in relation to State and
national levels, by occupation and industry.
(c) Use in Other Reports.--The workforce development board policy
blueprint may be utilized in lieu of local planning reports required by
any other Federal law for any program included in the integrated
workforce development system, subject to the approval of the State
Council.
SEC. 303. REPORT CARD.
(a) In General.--Each workforce development board shall annually
prepare and submit to the State Council a unified service delivery area
report card in accordance with this section. The report card shall
describe the performance of all workforce development programs and
service providers, including the one-stop career centers, operating in
the area that is included in the integrated workforce development
system. In States with a single unified service delivery area, the
State Council shall prepare the report card.
(b) Requirements.--The report card shall--
(1) report on the relationship between services provided
and the local labor market needs as described in the workforce
development board policy blueprint;
(2) using the quality assurance system information
established pursuant to section 205, include an analysis of
employment-related, and other outcomes achieved by the programs
and service providers operating in the area;
(3) identify the performance of the one-stop career
centers;
(4) detail the economic and demographic characteristics of
individuals served compared to the characteristics of the
general population of the unified service delivery area, and
the jobseekers, workers, and businesses of such area; and
(5) assess the maintenance of effort to hard-to-serve
populations in relation to the level of services and outcomes
during the preceding 3 years.
SEC. 304. ONE-STOP CAREER CENTERS.
(a) Establishment.--Each workforce development board receiving
funds under an implementation grant awarded under section 103(b) shall
develop and implement a network of one-stop career centers in the
unified service delivery area of the workforce development board. The
one-stop career centers shall provide jobseekers, workers, and
businesses universal access to a comprehensive array of quality
employment, education, and training services.
(b) Procedures.--Each workforce development board shall, in
conjunction with local elected official or officials in the unified
service delivery area, and consistent with criteria specified in
section 204(a), select a method for establishing one-stop career
centers.
(c) Eligible Entities.--Each entity within the unified service
delivery area that performs the functions specified in subsections (e)
and (f) for any of the programs in the integrated workforce development
system shall be eligible to be selected as a one-stop career center.
(d) Period of Selection.--Each one-stop career center operator
shall be designated for two-year periods. Every 2 years, one-stop
career center designations shall be reevaluated by the workforce
development board based on performance indicated in the unified service
delivery area report card and other criteria established by the
workforce development board and the State Council.
(e) Brokerage Services to Individuals.--Each one-stop career center
shall make available to the public, at no cost--
(1) outreach to make individuals aware of, and encourage
the use of, services available from workforce development
programs operating in the unified service delivery area;
(2) intake and orientation to the information and services
available through the one-stop career center;
(3) preliminary assessments of the skill levels (including
appropriate testing) and service needs of individuals,
including--
(A) basic skills;
(B) occupational skills;
(C) prior work experience;
(D) employability;
(E) interests;
(F) aptitude; and
(G) supportive service needs;
(4) job search assistance, including resume and interview
preparation and workshops;
(5) information relating to the supply, demand, price, and
quality of job training services available in each unified
service delivery area in the State pursuant to section 501(c);
(6) information relating to eligibility requirements and
sources of financial assistance for entering the programs
described in 501(c)(2)(C); and
(7) referral to appropriate job training, employment, and
employment-related education or support services in the unified
service delivery area.
(f) Brokerage Services to Employers.--Each one-stop career center
shall provide to each requesting employer--
(1) information relating to supply, demand, price, and
quality of job training services available in each unified
service delivery area in the State, consistent with the
consumer reports described in section 205;
(2) customized screening and referral of individuals for
employment;
(3) customized assessment of skills of the current workers
of the employer;
(4) an analysis of the skill needs of the employer; and
(5) other specialized employment and training services.
(g) Conflicts.--
(1) In general.--Except as provided in paragraph (2), any
entity that performs one-stop career center functions shall be
prohibited from making an education and training referral to
itself.
(2) Waiver.--If the enforcement of paragraph (1) would
result in diminished access to either one-stop career center
services or to education and training services, as defined
under section 204(a), such prohibition may be waived by the
State council upon request of a regional board.
(h) Fees.--
(1) In general.--Except as provided in paragraph (2), each
one-stop career center may charge fees for the services
described in subsection (f), subject to approval by the
workforce development board.
(2) Limitation.--No fee may be charged for any service that
an individual would be eligible to receive at no cost under a
participating program.
(3) Income.--Income received by a one-stop career center
from the fees collected shall be used by the workforce
development board to expand or enhance one-stop career centers
available within the unified service delivery area.
(i) Core Data Elements and Common Definitions.--Each one-stop
career center shall adopt the core data elements and common definitions
as specified in subsections (b) and (c) of section 105, and updated by
the National Board.
(j) Operating Agreements.--
(1) In general.--Each one-stop career center operator shall
enter into a written agreement with the workforce development
board concerning the operation of the center.
(2) Approval.--The agreement shall--
(A) be subject to the approval of--
(i) the local chief elected official or
officials;
(ii) the State Council; and
(iii) the Governor of the State in which
the center is located; and
(B) shall address--
(i) the services to be provided;
(ii) the financial and nonfinancial
contributions to be made to the centers from
funds made available pursuant to section 103(b)
and all participating workforce development
programs;
(iii) methods of administration;
(iv) procedures to be used to ensure
compliance with statutory requirements of the
programs in the integrated workforce
development system; and
(v) other elements, as required by the
workforce development board or the State
Council under section 204(a).
SEC. 305. PROGRESS REPORTS.
Each workforce development board shall annually report to the State
Council on the progress such board is making with respect to the
effectiveness criteria of the workforce development board established
under section 210, assessing the implementation of the integrated
system, except that in States with a single unified service delivery
area the State Council shall be responsible for carrying out the
activities under this section.
SEC. 306. CAPACITY BUILDING.
(a) In General.--Each workforce development board shall identify
actions to be taken for building the capacity of the workforce
development system in such unified service delivery, except that in
States with a single unified delivery area, the State Council shall be
responsible for carrying out the activities under this section.
(b) Funding.--The State Council shall make funds available to each
workforce development board for capacity building activities from funds
made available under section 103(b) and any other funds within the
integrated workforce development budget of the State. For the
activities described in subsection (c), the workforce development board
may also submit requests to the State Council to redirect a portion of
training and technical assistance resources available from any of the
workforce development programs included in the integrated system within
the unified service development area of the workforce development
board.
(c) Types of Activities.--Capacity building activities may
include--
(1) training of workforce development board members;
(2) staff training;
(3) technical assistance regarding managing systemic
change;
(4) customer service training;
(5) organization of peer-to-peer networks for training,
technical assistance, and information sharing;
(6) organizing a best practices database covering the
various system activities; and
(7) training for local staff on the principles of quality
management and decentralized decisionmaking.
SEC. 307. INCENTIVE GRANTS FOR INCUMBENT WORKER TRAINING.
(a) Purpose.--The purpose of this section is to establish a program
to award competitive matching grants to assist local workforce
development boards respond to the training needs of front-line workers
in the communities in which such boards are located.
(b) Application.--Each local workforce development board seeking a
grant under this section shall submit an application to the State
Council of the State in which such board is located, at such time, in
such manner, and containing such information as the Secretary may
prescribe. Not later than 30 days after receiving an application, the
State Council shall review and forward the application, with comments,
to the National Board and the Secretary.
(c) Selection of Grantees.--
(1) In general.--The Secretary, with the advice of the
National Board, shall award a grant under this section only if
the Secretary determines, from the grant application, that the
grant will be used to maintain or enhance the competitive
position of local industries that are committed to making the
investments necessary to develop the skills of their workers.
(2) Criteria.--In awarding grants under this section, the
Secretary shall take into account--
(A) the policy priorities and training needs of
local industries identified in the local workforce
development policy blueprints;
(B) whether there is a demonstrated need for skill
upgrading to maintain firm or industry competitiveness;
(C) whether the application contains proposals for
training that will directly lead to increased earnings
of front-line workers;
(D) initiatives by firms or firm partnerships to
develop high performance work organizations;
(E) whether the grant proposal meets the training
needs of small and medium sized firms;
(F) whether the grant proposal is focused on
workers with substantial firm or industry tenure; and
(G) whether the proposed industry activities are
integrated with private sector activities under the
School-to-Work Opportunities Act of 1994.
(d) Use of Funds.--Grants awarded under this section shall be used
for skill enhancement and training activities that may include--
(1) basic skills;
(2) occupational skills;
(3) statistical process control training;
(4) total quality management techniques;
(5) team building and problem solving skills; and
(6) other training or activities that will result in the
increased likelihood of job retention, higher wages, or
increased firm competitiveness.
(e) Funding.--
(1) Cost share.--
(A) Federal share.--A grant awarded under this
section shall be in an amount equal to 50 percent of
the cost of carrying out the grant proposal.
(B) Local share.--As a condition to receiving
Federal funds under this section, local businesses,
industry associations, and worker organizations shall
provide funding in an amount equal to 50 percent of the
cost of carrying out the grant proposal.
(2) Limitations.--
(A) Use of funds.--Amounts awarded under this
section shall not be used to pay the wages of workers
during the training of such workers.
(B) Additional funding.--Each recipient of funds
under this section shall certify that such funds shall
supplement and not supplant other public or private
funds otherwise spent on worker training.
TITLE IV--CONSOLIDATION
SEC. 401. PURPOSE; FINDINGS; SENSE OF THE CONGRESS.
(a) Purpose.--The purpose of this title is to streamline the system
of federally funded employment training services available to
jobseekers, workers, and businesses.
(b) Findings.--The Congress finds that--
(1) the process of streamlining the system of federally
funded employment training services begins with consolidating
and eliminating separate employment training programs; and
(2) as such programs are eliminated, the funding for such
programs should be invested back into such system to support
the creation of a workforce development system, as described in
section 2(b).
(c) Sense of the Congress.--It is the sense of the Congress that--
(1) any budget savings realized as a result of the
elimination or consolidation of programs pursuant to section
403(a) or through the sunsetting of programs pursuant to
section 405 should be reinvested in the Nation's job training
system as described in subsection (b); and
(2) as programs are eliminated and merged, it is imperative
that such elimination and merging be done without in any way
reducing the commitment or level of effort of the Federal
Government to improving the education, employment, and earnings
of all workers, particularly hard-to-serve individuals,
including individuals with limited-English proficiency, and
other workers with special needs.
SEC. 402. INTEGRATION OF YOUTH PROGRAMS.
Not later than 180 days after the date of enactment of this Act,
the National Board shall study and report to the President and Congress
on how best to integrate the programs, under the following statutes or
portions of statutes, for in-school and out-of-school youth with the
School-to-Work Opportunities Act of 1994:
(1) Part C of title II of the Job Training Partnership Act
(29 U.S.C. 1641 et seq.).
(2) Part B of title II of the Job Training Partnership Act
(29 U.S.C. 1630 et seq.).
(3) Part H of title IV of the Job Training Partnership Act
(29 U.S.C. 1782 et seq.).
(4) The Carl D. Perkins Vocational and Applied Technology
Education Act (20 U.S.C. 2301 et seq.).
(5) Youthbuild programs under title IV of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 12899 et
seq.).
(6) Part B of title IV of the Job Training Partnership Act
(29 U.S.C. 1691 et seq.).
SEC. 403. CONSOLIDATION OF WORKFORCE DEVELOPMENT PROGRAMS.
(a) Annual Recommendations.--Not later than 180 days after the date
of enactment of this Act, and each June 1 thereafter, the National
Board shall make recommendations to the President and Congress for the
elimination of Federal workforce development programs, or programs
whose functions should be subsumed under other Federal programs.
(b) Report.--Not later than June 1, 1999, the National Board, based
on such board's analysis of the experience of leading edge States and
the progress made toward establishing an integrated workforce
development system, shall prepare and submit recommendations to the
Committee on Education and Labor of the House of Representatives and
the Committee on Labor and Human Resources of the Senate a report
containing the findings of such board, and recommendations for proposed
reforms. The National Board shall also submit to the Congress a draft
of a joint resolution containing provisions to develop a streamlined,
integrated, federally supported workforce development system, from the
programs listed in section 404(a) and any other Federal workforce
development program determined by the National Board as appropriate to
be included that is consistent with this Act, pursuant to section 2(b).
The joint resolution shall include recommendations for standard outcome
measures as described in section 105(a) and shall describe how the new
system will maintain services to hard-to-serve populations.
SEC. 404. INTEGRATION OF PROGRAMS AT THE LOCAL LEVEL.
(a) Requirement.--Any State receiving an implementation grant to
develop an integrated workforce development system shall, at a minimum,
include the programs and activities carried out on the date of
enactment of this Act under the following provisions and Acts in such
State's reformed delivery system pursuant to section 103(b):
(1) Part F of title IV of the Social Security Act (42
U.S.C. 681 et seq.).
(2) Part A of title II, and title III of the Job Training
Partnership Act (29 U.S.C. 1601 et seq., 1651 et seq.).
(3) The Wagner-Peyser Act (29 U.S.C. 49 et seq.).
(4) Sections 235 and 236 of the Trade Act of 1974 (19
U.S.C. 2295 and 2296) and paragraphs (1) and (2) of section
250(d) of such Act (19 U.S.C. 2331(d)).
(5) The Refugee Education Assistance Act of 1980 (8 U.S.C.
1522 note).
(6) Title VII of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11421 et seq.).
(7) Section 6(d)(4) of the Food Stamp Act of 1977 (7 U.S.C.
2015(d)(4)).
(b) Additional Programs.--Any State receiving an implementation
grant to develop an integrated workforce development system may include
the programs and activities carried out on the date of enactment of
this Act under the following provisions and Acts in such State's
reformed delivery system pursuant to section 103(b):
(1) Part B of title III of the Adult Education Act (20
U.S.C. 1203 et seq.).
(2) Title V of the Older Americans Act of 1965 (42 U.S.C.
3056 et seq.).
(3) The Carl D. Perkins Vocational and Applied Technology
Education Act (20 U.S.C. 2301 et seq.).
(4) Part C of title IV of the Job Training Partnership Act
(29 U.S.C. 1721).
(5) Any other Federal or State workforce development
program identified by the Governor pursuant to section 103(b),
subject to a two-thirds vote of the National Board.
SEC. 405. SUNSET OF MAJOR WORKFORCE DEVELOPMENT PROGRAMS.
(a) Repeal.--
(1) In general.--Subject to paragraph (2), the provisions
and Acts listed in paragraphs (1) through (7) of section 404(a)
are repealed.
(2) Effective date.--Paragraph (1) shall take effect on
September 30, 1999.
(b) Technical and Conforming Amendments.--The National Board shall
include in the draft joint resolution submitted under section 403(b),
technical and conforming amendments regarding the provisions and Act
repealed under subsection (a). Such proposed amendments should be
consistent with the purposes of this Act.
TITLE V--INTEGRATED LABOR MARKET INFORMATION SYSTEM
SEC. 501. INTEGRATED LABOR MARKET INFORMATION.
(a) Findings.--Congress finds that accurate, timely, and relevant
data for the Nation, States, and localities is required to achieve
Federal domestic policy goals, such as--
(1) economic growth and productivity through--
(A) career planning and successful job training and
job searching by youth and adults; and
(B) efficient hiring, effective worker training,
and appropriate location and organization of work by
employers;
(2) accountability, through planning and evaluation, in
workforce development and job placement programs funded by the
Federal Government or developed by other public or private
entities;
(3) equity and efficiency in the allocation of Federal
funds; and
(4) greater understanding of local labor market dynamics
through the support of research.
(b) Purpose.--The purpose of this title is to provide for the
development, maintenance, and continuous improvement of a nationwide
integrated system for the collection, analysis, and dissemination of
labor market information.
(c) System.--
(1) Development.--The Secretary, in cooperation with the
National Board, the State Councils, where appropriate, and the
Governors, shall oversee and ensure the development,
maintenance, and continuous improvement of a nationwide
integrated system of labor market information that will--
(A) promote comprehensive workforce development
planning, evaluation, and service integration;
(B) meet and be responsive to the customer needs of
jobseekers, employers, and public officials at all
government levels who develop economic and social
policy, allocate funds, plan and implement workforce
development systems, are involved in career planning or
exploration, and deliver integrated services;
(C) serve as the foundation for automated
information delivery systems that provide easy access
to labor market, occupational and career information;
and
(D) meet the Federal domestic policy goals
specified in section 501(a).
(2) Information to be included.--The integrated system
described in paragraph (1) shall include statistical data from
survey and projection programs and data from administrative
reporting systems which, taken together, shall enumerate,
estimate, and project the supply of and demand for labor at
national, State, and local levels in a timely manner,
including, but not limited to, data on--
(A) labor market demand, such as--
(i) profiles of occupations that describe
job duties, education, and training
requirements, skills, wages, benefits, working
conditions, and the industrial distribution of
occupations;
(ii) current and projected employment
opportunities and trends, by industry and
occupation, including growth projections by
industry, and growth and replacement need
projections by occupation;
(iii) job openings, job locations, hiring
requirements, and application procedures;
(iv) profiles of industries and employers
in the local labor market describing the nature
of the work performed, employment skill and
experience requirements, specific occupations,
wages, hours, and benefits, and hiring
patterns;
(v) industries, occupations, and geographic
locations facing significant change or
dislocation; and
(vi) information maintained in a
longitudinal manner on the quarterly earnings,
establishment, industry affiliation, and
geographic location of employment for all
individuals for whom such information is
collected by the States;
(B) labor supply, such as--
(i) educational attainment, training,
skills, skill levels, and occupations of the
population;
(ii) demographic, socioeconomic
characteristics, and current employment status
of the population, including self-employed,
part-time, and seasonal workers;
(iii) job seekers, including their
education and training, skills, skill levels,
employment experience, and employment goals;
(iv) the number of workers displaced by
permanent layoffs and plant closings by
industry, occupation, and geographic location;
and
(v) current and projected training
completers who have acquired specific
occupational or work skills and competencies;
and
(C) consumer information, which shall be current,
comprehensive, localized, automated, and in a form
useful for immediate employment, entry into training
and education programs, and career exploration,
including--
(i) job openings, locations, hiring
requirements, application procedures, and
profiles of employers in the local labor market
describing the nature of the work performed,
employment requirements, wages, benefits, and
hiring patterns;
(ii) jobseekers, including their education
and training, skills, skill levels, employment
experience, and employment goals;
(iii) the labor market experiences, in
terms of wages and annual earnings, by industry
and occupation, of workers in local labor
markets, by sex and racial or ethnic group,
including information on hard-to-serve
populations;
(iv) education courses, training programs,
and job placement programs, including
information derived from statistically based
performance evaluations and their user
satisfaction ratings; and
(v) eligibility for funding and other
assistance in job training, job search, income
support, supportive services, and other
employment services.
(3) Technical standards.--The integrated labor market
information system shall use common standards that will
include--
(A) standard classification and coding systems for
industries, occupations, skills, programs, and courses;
(B) nationally standardized definitions of terms
consistent with sections 105 and 501(c)(2);
(C) a common system for designating geographic
areas consistent with the unified service delivery
areas;
(D) data standards and quality control mechanisms;
and
(E) common schedules for data collection and
dissemination.
(4) Availability of information.--Data generated by the
labor market information system including information on
quarterly employment and earnings, together with matched data
on individuals who have participated in a federally supported
job training activity, shall be made available to the National
Board for use in the preparation of the National Report Card.
Aggregate level information will be made available to consumers
in automated information delivery systems.
(5) Dissemination, technical assistance, and research.--The
Secretary, in cooperation with the National Board, the
Governors, and State Councils, where appropriate, shall oversee
the development, maintenance, and continuous improvement of--
(A) dissemination mechanisms for data and analysis,
including mechanisms that may be standardized among the
States;
(B) programs of technical assistance and staff
development for States and localities, including
assistance in adopting and utilizing automated systems
and improving the access, through electronic and other
means, to labor market information; and
(C) programs of research and demonstration, on ways
to improve the products and processes authorized by
this section.
SEC. 502. RESPONSIBILITIES OF THE NATIONAL BOARD.
(a) In General.--The National Board shall plan, review, and
evaluate the Nation's integrated labor market information system.
(b) Duties.--The National Board shall--
(1) be responsible for providing policy guidance;
(2) evaluate the integrated labor market information system
and ensure the cooperation of participating agencies; and
(3) recommend to the Secretary needed improvements in
Federal, State, and local information systems to support the
development of an integrated labor market information system.
SEC. 503. RESPONSIBILITIES OF THE SECRETARY.
(a) In General.--The Secretary shall manage the investment in an
integrated labor market information system by--
(1) reviewing all requirements for labor market information
across all programs within the system;
(2) developing a comprehensive annual budget, including
funds at the Federal level, funds allotted to States by
formula, and funds supplied to the States by contracts with
departmental entities;
(3) administering grants allotted to States by formula;
(4) negotiating and executing contracts with the States;
(5) coordinating the activities of Federal workforce
development agencies responsible for collecting the statistics
and program administrative data that comprise the integrated
system and disseminating labor market information at the
National, State, regional, and local levels; and
(6) ensuring that standards are designed to meet the
requirements of chapter 35 of title 44, United States Code, and
are coordinated and consistent with other appropriate Federal
standards established by the Bureau of Labor Statistics and
other statistical agencies;
(b) Requirements.--In carrying out the duties of the Secretary
under this section, the Secretary shall--
(1) in consultation with the States and the private sector,
define a common core set of labor market information data
elements as specified in section 501(c)(2) that will be
consistently available across States in an integrated labor
market information system; and
(2) ensure that data is sufficiently timely and locally
detailed for use, including uses specified in subsections (b)
and (c)(2) of section 501.
(c) Annual Plan.--
(1) In general.--The Secretary shall annually prepare and
submit to the National Board for review, a plan for improving
the Nation's integrated labor market information system. The
Secretary shall also submit the plan, together with the
comments and recommendations of the National Board, to the
President and Congress.
(2) Contents.--The plan shall describe the budgetary needs
of the labor market information system, and shall describe the
activities of such Federal agencies with respect to data
collection, analysis, and dissemination for each fiscal year
succeeding the fiscal year in which the plan is developed. The
plan shall--
(A) establish goals for system development and
improvement based on information needs for achieving
economic growth and productivity, accountability, fund
allocation equity, and an understanding of labor market
characteristics and dynamics;
(B) specify the common core set of data that shall
be included in the integrated labor market information
system;
(C) describe the current spending on integrated
labor market information activities from all sources,
assess the adequacy of the funds and identify the
specific budget needs of the Federal and State
workforce development agencies with respect to
implementing and improving an integrated labor market
information system and the activities of such agencies
with respect to data compilation, analysis, and
dissemination for each fiscal year in which the plan is
developed;
(D) develop a budget for an integrated labor market
information system that accounts for all funds in
subparagraph (C) and any new funds made available
pursuant to this Act, and describes the relative
allotments to be made for--
(i) the operation of the cooperative
statistical programs under section 501(c)(2);
(ii) ensuring that technical standards are
met pursuant to section 501(c)(3); and
(iii) consumer information, analysis and
dissemination, technical assistance, and
research under paragraphs (2)(C), (4), and (6)
of section 501(c);
(E) describe the existing system, information
needs, and the development of new data programs,
analytical techniques, definitions and standards,
dissemination mechanisms, governance mechanisms, and
funding processes to meet new needs;
(F) summarize the results of an annual review of
the costs to the States of meeting contract
requirements for data production, including a
description of how the budget request for an integrated
labor market information system will cover such costs;
(G) describe how the State Councils will be
reimbursed for carrying out the duties for labor market
information;
(H) recommend methods to simplify and integrate
automated client intake and eligibility determination
systems across workforce development programs to permit
easy determination of eligibility for funding and other
assistance in job training, job search, income support,
supportive services, and other reemployment services;
and
(I) provide for the involvement of States in
developing the plan by holding formal consultations
conducted in cooperation with representatives of the
Governor or State Council, where appropriate, pursuant
to a process established by the National Board.
(d) Assistance From Other Agencies.--The Secretary may receive
assistance from member and other Federal agencies (such as the Bureau
of Labor Statistics and the Employment and Training Administration of
the Department of Labor, the Administration on Children and Families of
the Department of Health and Human Services, and the Office of Adult
and Vocational Education and the National Commission for Education
Statistics of the Department of Education) to assist in the collection,
analysis, and dissemination of labor market information, and in the
provision of training and technical assistance to users of information,
including States, employers, youth, and adults.
SEC. 504. RESPONSIBILITIES OF GOVERNORS.
(a) Designation of State Agency.--The Governor of each State and
the State Council, where appropriate, shall designate one State agency
to be the agency responsible for--
(1) the management and oversight of a statewide
comprehensive integrated labor market information system; and
(2) developing a State unified labor market information
budget on an annual basis.
(b) Requirements.--As a condition of receiving Federal financial
assistance under this title, the Governor or State Council, where
appropriate, shall--
(1) develop, maintain, and continuously improve a
comprehensive integrated labor market information system, which
shall--
(A) include the elements specified in section
501(c)(2);
(B) be responsive to the needs of the State and the
localities of such State for planning and evaluative
data, including employment and economic analyses and
projections, and program outcome data on employment and
earnings for the quality assurance system under section
205; and
(C) meet Federal standards under chapter 35 of
title 44, United States Code, and other appropriate
Federal standards established by the Bureau;
(2) ensure the performance of contract and grant
responsibilities for data compilation, analysis, and
dissemination;
(3) conduct such other data collection, analysis, and
dissemination activities as will ensure the availability of
comprehensive State and local labor market information;
(4) coordinate the data collection, analysis, and
dissemination activities of other State and local agencies,
with particular attention to State education, economic
development, human services, and welfare agencies, to ensure
complementary and compatibility among data; and
(5) cooperate with the National Board and the Secretary by
making available, as requested, data for the evaluation of
programs covered by the labor market information and the
quality assurance systems under section 205.
(c) Noninterference With State Functions.--Nothing in this Act
shall limit the ability of the State agency designated under this
section to conduct additional data collection, analysis, and
dissemination activities with funds derived from sources other than
this Act.
<all>
S 2516 IS----2
S 2516 IS----3
S 2516 IS----4
S 2516 IS----5
S 2516 IS----6
S 2516 IS----7
S 2516 IS----8