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Code · BILL · 114th Congress · S. 3151 (Introduced in Senate) — To enhance investment in education and employment programs by eliminating duplication, cutting red tape, and increasi... · Sec. 222

Sec. 222. Local workforce investment boards

1,062 words·~5 min read·/bill/114/s/3151/is/section-222·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The State board shall every 3 years, or more often if the State board chooses, establish in each local area a local workforce investment board. In this subsection, the term appointing official means— for a member of a local board appointed under subparagraph (C)(i), the chief elected official that appointed the member; for a member of a local board appointed under subparagraph (C)(ii)(I), the chief elected official or officials designated in the agreement described in that subparagraph; and for a member of a local board appointed under subparagraph (C)(ii)(II), the Governor.
The State board shall establish criteria for use by chief elected officials in the local areas for appointment of members of the local boards in such local areas. The criteria shall be consistent with this section. In a case in which a local area includes only 1 unit of general local government, the chief elected official shall appoint the members of the local board for such area, in accordance with this section and the State criteria. In a case in which a local area includes more than 1 unit of general local government— the chief elected officials of such units may execute an agreement that specifies the respective roles of the individual chief elected officials in the appointment and removal of the members of the local board and the decertification of the local board, in accordance with this section and the State criteria; and if, after a reasonable effort, the chief elected officials are unable to reach agreement as provided under subclause (I), the Governor may appoint the members of the local board from individuals nominated by the chief elected officials.
The members of the local board shall consist of— representatives of business in the local area; representatives of employees’ interests, such as representatives of labor organizations, in the local area; and other persons that the appointing official described in paragraph
(1)shall designate. The local board shall not have more than 20 members. A majority of the members of the local board shall be representatives of business in the local area. The members of the local board shall, by majority vote, elect a Chairperson for the local board. Service of a member of the local board shall be at the will of the appointing official. An appointing official may, without providing notice or an opportunity to appeal, decertify a local board, or remove a member of a local board, at any time for— fraud or abuse; or failure to carry out local board functions to the satisfaction of the appointing official. Notwithstanding subsection (b), if a State determines that the State will be treated as a local area for purposes of the application of this Act, the Governor may designate the State board to carry out any or all of the functions of a local board under this Act. The functions of the local board shall include the following: Consistent with section 223, each local board shall develop and submit to the State board a local plan. Consistent with section 231(b) and any requirements imposed by the State board, the local board shall designate or certify one-stop operators. The local board may terminate at will the designation or certification of such an operator. Consistent with section 241, the local board shall (directly or through a one-stop operator) select eligible providers of training services. Consistent with this Act, the local board shall allocate among one-stop operators funds allocated by the State board for worker training services and activities under sections 313(e)(1), 333(d)(3), and 373(c), and shall allocate funds for local administrative costs under sections 313(e)(2), 333(d)(2), and 373(d). The Secretary shall not issue regulations governing determinations to be made under this paragraph. Consistent with sections 318 and 319, the local board shall assist the State board with the labor exchange system and employment statistics system under sections 318 and 319, and shall ensure that the work test for the State unemployment compensation system is administered at each one-stop center. The local board shall comply with the process established by the State board under section 211(c)(6), as the process applies to local boards, for collecting and submitting the information and data required by section 319(e)(1)(E) and the statistics and information indicating the levels of performance on all applicable performance indicators described in section 402(b), in the aggregate and disaggregated by the demographic factors described in that section. The local board shall carry out all other functions designated by the State board. The local board may use funds reserved or retained for local board administrative costs under sections 313(e)(2), 333(d)(2), and 373(d) for functions of the local board. The local board may solicit and accept gifts and donations from sources other than Federal funds made available under this Act, for functions of the local board. The local board shall develop a budget for the functions of the local board. The local board may employ staff to assist in carrying out the functions of the local board. Consistent with this Act, the local board shall disburse (directly or through a one-stop operator) funds allocated by the State board for worker training services and activities, to be carried out in accordance with this Act (including the requirements of the local plan). No local board, in carrying out this Act, shall mandate the curriculum, a standard, or an assessment for an elementary school or secondary school. A member of a local board may not— vote on a matter under consideration by the local board— regarding the provision of services or activities by such member (or by an entity that such member represents); or that would provide direct financial benefit to such member or the immediate family of such member; or engage in any other activity determined by the Governor to constitute a conflict of interest as specified in the State plan. The local board shall make available to the public, on a regular basis through open meetings, information regarding the activities of the local board, including information regarding the local plan prior to submission of the plan, information regarding membership, the designation or certification of one-stop operators, and the selection of eligible providers of training services, and on request, minutes of formal meetings of the local board. The local board shall provide an opportunity for public comment on and input into the development of the local plan before submission of the plan to the State board.
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