Sec. 1208. Workforce development
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Section 140(b) of title 23, United States Code, is amended to read as follows: The Secretary, in cooperation with the Secretary of Labor and any other department or agency of the Government, State agency, authority, association, institution, Indian tribal government, corporation (profit or nonprofit), or any other organization or person, is authorized to develop, conduct, and administer surface transportation and technology training, including skill improvement programs, and to develop and fund summer transportation institutes.
A State department of transportation participating in the program shall— develop a workforce plan that identifies immediate and anticipated workforce gaps and underrepresentation of women and minorities, and a detailed plan to fill gaps and address such underrepresentation; establish a workforce development compact with the State workforce development board and appropriate agencies to provide a coordinated approach to workforce training, job placement, and identification of training and skill development program needs, which shall be coordinated to the extent practical with an institution or agency, such as a State workforce development board under 29 U.S.C. 3111 , that has established skills training, recruitment, and placement resources; and demonstrate program outcomes, including— impact on areas with transportation workforce shortages; diversity of training participants; number and percentage of participants obtaining certifications or credentials required for specific types of employment; employment outcome, including job placement and job retention rates and earnings, using performance metrics established in consultation with the Secretary of Labor and consistent with metrics used by programs under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ); and to the extent practical, evidence that the program did not preclude workers that participate in training or registered apprenticeship activities under the program from being referred to, or hired on, projects funded under this chapter.
Funds authorized for the program under paragraph
(1)of this subsection shall remain available until expended. The provisions of section 6101
(b)through
(d)of title 41 shall not be applicable to contracts and agreements made under the authority granted under this subsection to the Secretary. Notwithstanding any other provision of law, not to exceed ½ of 1 percent of funds apportioned to a State under section 104(b)
(1)or
(2)may be available to carry out this subsection upon request of the State transportation department to the Secretary. In a fiscal year, the Secretary shall provide incentive funding to States for transportation workforce development, including skills training, on-the-job training, and work-based learning, including apprenticeship programs that are registered under the National Apprenticeship Act ( 29 U.S.C. 50 et seq. ) leading to credential attainment, employment, and career pathways for disadvantaged populations. If a State agrees to obligate in a fiscal year funds apportioned to the State under section 104(b)
(1)or
(2)for the purposes authorized in paragraph (1), the Secretary may provide up to twice the amount the State has agreed to obligate for such purposes. The Secretary may provide incentive funding to up to 20 States that demonstrate that their program under paragraph (2)— operates in partnership with an institution or agency, such as a State workforce development board under 29 U.S.C. 3111 , that has established skills training, recruitment, and placement resources; successfully places individuals in permanent jobs, as measured by a job placement, retention, and earnings metrics established by the Secretary; and establishes recruitment strategies that result in positive employment outcomes for minorities, women, and disadvantaged individuals. A State may provide incentive funds received under this paragraph to an institution or agency, such as a State workforce development board under 29 U.S.C. 3111 , that has established skills training, recruitment, and placement resources for use consistent with subparagraph (A). A State that provides funds to an entity under clause
(i)shall establish measures to verify that recipients of such funds comply with the requirements of this subsection. The Federal share for incentive funding under this paragraph may be up to 100 percent. .
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