Sec. 108. Establishment of one-stop delivery system
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Section 121 ( 29 U.S.C. 2841 ) is amended— in subsection (b)— by striking subparagraph
(A)of paragraph
(1)and inserting the following: Each entity that carries out a program or activities described in subparagraph
(B)shall— provide access through the one-stop delivery system to the program and activities carried out by the entity, including making the work ready services described in section 134(c)(2) that are applicable to the program of the entity available at one-stop centers (in addition to any other appropriate locations); use a portion of the funds available to the program of the entity to maintain the one-stop delivery system, including payment of the infrastructure costs of one-stop centers in accordance with subsection (h); enter into a local memorandum of understanding with the local board relating to the operation of the one-stop delivery system that meets the requirements of subsection (c); and participate in the operation of the one-stop delivery system consistent with the terms of the memorandum of understanding, the requirements of this title, and the requirements of the Federal laws authorizing the programs carried out by the entity. ; in paragraph (1)(B)— by striking clauses (ii), (v), and (vi); by redesignating clauses
(iii)and
(iv)as clauses
(ii)and (iii), respectively; by redesignating clauses
(vii)through
(xii)as clauses
(iv)through (ix), respectively; in clause (viii), as so redesignated, by striking and at the end; in clause (ix), as so redesignated, by striking the period and inserting ; and ; and by adding at the end the following: subject to subparagraph (C), programs authorized under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ). ; by inserting after paragraph (1)(B) the following: Each entity carrying out a program described in subparagraph (B)(x) shall carry out the required partner activities described in subparagraph
(A)unless the Governor of the State in which the local area is located provides the Secretary and Secretary of Health and Human Services written notice of a determination by the Governor that such entities shall not carry out such required partner activities. ; and in paragraph (2)— in subparagraph (A)(i), by striking section 134(d)(2) and inserting section 134(c)(2) ; and in subparagraph (B)— by striking clauses (i), (ii), and (v); in clause (iv), by striking and at the end; by redesignating clauses
(iii)and
(iv)as clauses
(i)and (ii), respectively; and by adding at the end the following: employment and training programs administered by the Commissioner of the Social Security Administration; employment and training programs carried out by the Administrator of the Small Business Administration; employment, training, and literacy services carried out by public libraries; and other appropriate Federal, State, or local programs, including programs in the private sector. ; in subsection (c)(2), by amending subparagraph
(A)to read as follows: provisions describing— the services to be provided through the one-stop delivery system consistent with the requirements of this section, including the manner in which the services will be coordinated through such system; how the costs of such services and the operating costs of such system will be funded, through cash and in-kind contributions, to provide a stable and equitable funding stream for ongoing one-stop system operations, including the funding of the infrastructure costs of one-stop centers in accordance with subsection (h); methods of referral of individuals between the one-stop operator and the one-stop partners for appropriate services and activities, including referrals for nontraditional employment; and the duration of the memorandum of understanding and the procedures for amending the memorandum during the term of the memorandum, and assurances that such memorandum shall be reviewed not less than once every 3-year period to ensure appropriate funding and delivery of services; and ; in subsection (d)— in the heading for paragraph (1), by striking and inserting Designation and certification ; Local designation and certification in paragraph (2)— by striking section 134(c) and inserting subsection
(e); by amending subparagraph
(A)to read as follows: shall be designated or certified as a one-stop operator through a competitive process; and ; and in subparagraph (B), by striking clause
(ii)and redesignating clauses
(iii)through
(vi)as clauses
(ii)through (v), respectively; and in paragraph (3), by striking vocational and inserting career and technical ; by amending subsection
(e)to read as follows: There shall be established in a State that receives an allotment under section 132(b) a one-stop delivery system, which shall— provide the work ready services described in section 134(c)(2); provide access to training services as described in section 134(c)(4), including serving as the point of access to career enhancement accounts for training services to participants in accordance with paragraph (4)(F) of such section; provide access to the activities carried out under section 134(d), if any; provide access to programs and activities carried out by one-stop partners that are described in subsection
(b)of this section; and provide access to the information described in section 15(e) of the Wagner-Peyser Act ( 29 U.S.C. 49l–2(e) ). At a minimum, the one-stop delivery system— shall make each of the programs, services, and activities described in paragraph
(1)accessible at not less than one physical center in each local area of the State; and may also make programs, services, and activities described in paragraph
(1)available— through a network of affiliated sites that can provide one or more of the programs, services, and activities to individuals; and through a network of eligible one-stop partners— in which each partner provides one or more of the programs, services, and activities to such individuals and is accessible at an affiliated site that consists of a physical location or an electronically- or technologically-linked access point; and that assures individuals that information on the availability of the work ready services will be available regardless of where the individuals initially enter the statewide workforce investment system, including information made available through an access point described in subclause (I). The centers and sites described in paragraph
(2)may have a specialization in addressing special needs. ; and by adding at the end the following: The State board shall establish objective procedures and criteria for certifying, at least once every 3 years, one-stop centers for the purpose of awarding the one-stop infrastructure funding described in subsection (h). The criteria for certification under this subsection shall include— meeting all of the expected levels of performance for each of the core indicators of performance as outlined in the State plan under section 112; meeting minimum standards relating to the scope and degree of service integration achieved by the centers involving the programs provided by the one-stop partners; and meeting minimum standards relating to how the centers ensure that eligible providers meet the employment needs of local employers and participants. One-stop centers certified under this subsection shall be eligible to receive the infrastructure grants authorized under subsection (h). Consistent with the criteria developed by the State, the local board may develop additional criteria of higher standards to respond to local labor market and demographic conditions and trends. Notwithstanding any other provision of law, as determined under subparagraph (B), a portion of the Federal funds provided to the State and areas within the State under the Federal laws authorizing the one-stop partner programs described in subsection (b)(1)(B) and participating additional partner programs described in (b)(2)(B) for a fiscal year shall be provided to the Governor by such programs to carry out this subsection. Subject to subparagraph (C), the Governor, in consultation with the State board, shall determine the portion of funds to be provided under subparagraph
(A)by each one-stop partner and in making such determination shall consider the proportionate use of the one-stop centers by each partner, the costs of administration for purposes not related to one-stop centers for each partner, and other relevant factors described in paragraph (3). In those States where the State constitution places policy-making authority that is independent of the authority of the Governor in an entity or official with respect to the funds provided for adult education and literacy activities authorized under title II of this Act and for postsecondary career education activities authorized under the Carl D. Perkins Career and Technical Education Act, the determination described in clause
(i)with respect to such programs shall be made by the Governor with the appropriate entity or official with such independent policy-making authority. The Governor shall establish a procedure for the one-stop partner administering a program described in subsection
(b)to appeal a determination regarding the portion of funds to be contributed under this paragraph on the basis that such determination is inconsistent with the criteria described in the State plan or with the requirements of this paragraph. Such procedure shall ensure prompt resolution of the appeal. The funds provided under this paragraph by each one-stop partner shall be provided only from funds available for the costs of administration under the program administered by such partner, and shall be subject to the limitations with respect to the portion of funds under such programs that may be used for administration. Programs that are Federal direct spending under section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(c)(8) ) shall not, for purposes of this paragraph, be required to provide an amount in excess of the amount determined to be equivalent to the proportionate use of the one-stop centers by such programs in the State. From the funds provided under paragraph (1), the Governor shall allocate funds to local areas in accordance with the formula established under paragraph
(3)for the purposes of assisting in paying the costs of the infrastructure of one-stop centers certified under subsection (g). The State board shall develop a formula to be used by the Governor to allocate the funds described in paragraph (1). The formula shall include such factors as the State board determines are appropriate, which may include factors such as the number of centers in the local area that have been certified, the population served by such centers, and the performance of such centers. For purposes of this subsection, the term costs of infrastructure means the nonpersonnel costs that are necessary for the general operation of a one-stop center, including the rental costs of the facilities, the costs of utilities and maintenance, and equipment (including assistive technology for individuals with disabilities). In addition to the funds provided to carry out subsection (h), a portion of funds made available under Federal law authorizing the one-stop partner programs described in subsection (b)(1)(B) and participating additional partner programs described in subsection (b)(2)(B), or the noncash resources available under such programs shall be used to pay the costs relating to the operation of the one-stop delivery system that are not paid for from the funds provided under subsection (h), to the extent not inconsistent with the Federal law involved including— infrastructure costs that are in excess of the funds provided under subsection (h); common costs that are in addition to the costs of infrastructure; and the costs of the provision of work ready services applicable to each program. The method for determining the appropriate portion of funds and noncash resources to be provided by each program under paragraph
(1)shall be determined as part of the memorandum of understanding under subsection (c). The State board shall provide guidance to facilitate the determination of appropriate allocation of the funds and noncash resources in local areas. .
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- 29 USC 2841
- 29 USC 49l–2(e)
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Sec. 108
Establishment of one-stop delivery system
Cite29 USC 2841
Cite29 USC 49l–2(e)
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