Sec. 115. Workforce development areas
2,403 words·~11 min read·
/bill/118/hr/10425/ih/section-115A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 106(a) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3121(a) ) is amended by adding at the end the following: Before the second full program year after the date of enactment of the A Stronger Workforce for America Act , in order for a State to receive an allotment under section 127(b) or 132(b) and as part of the process for developing the State plan, a State shall— review each region in the State identified under this subsection (as such subsection was in effect on the day before the date of enactment of the A Stronger Workforce for America Act ); and after consultation with the local boards and chief elected officials in the local areas and consistent with the considerations described in subsection (b)(1)(B)— revise such region and any other region impacted by such revision; or make a determination to maintain such region with no revision. .
Section 106(b) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3121(b) ) is amended— in paragraph (1)— in subparagraph (A), by striking subsection (d), and consistent with paragraphs
(2)and (3), and inserting subsection
(d); and in subparagraph (B), by striking (except for those local areas described in paragraphs
(2)and (3)) ; and by striking paragraphs
(2)through (7), and inserting the following: Except as provided in paragraph
(5)of this subsection and subsection (d), in order to receive an allotment under section 127(b) or 132(b), the Governor shall maintain the designations of local areas in the State under this subsection (as in effect on the day before the date of enactment of the A Stronger Workforce for America Act ) until the end of the third full program year after the date of enactment of the A Stronger Workforce for America Act . Prior to the third full program year after the date of enactment of the A Stronger Workforce for America Act , the Governor shall— review the designations of local areas in the State (as in effect on the day before the date of enactment of the A Stronger Workforce for America Act ); and based on the considerations described in paragraph (1)(B), issue proposed redesignations of local areas in the State through the process described in paragraph (1)(A), which shall— include an explanation of the strategic goals and objectives that the State intends to achieve through such redesignations; and be subject to the approval of the chief elected officials of the local areas in the State in accordance with the process described in subparagraph (C); or with respect to a State described in subsection (d)(2)(B), if the Governor determines that such State should be designated as a single State local area, conduct a process in accordance with the requirements of subsection (d)(2). A redesignation of local areas in a State that is approved by a majority of the chief elected officials of the local areas in the State through the process described in subparagraph
(C)shall take effect on the first day of the 4th full program year after the date of enactment of the A Stronger Workforce for America Act . To approve a designation of local areas in the State, the chief elected officials of the local areas in the State shall comply with the following: Not later than 60 days after the Governor issues proposed redesignations under subparagraph (A), the chief elected official of each local area shall review the proposed redesignations and submit a vote to the Governor either approving or rejecting the proposed redesignations. If a majority of the chief elected officials of the local areas in the State vote under clause (i)— to approve such proposed redesignations, such redesignations shall take effect in accordance with subparagraph (B); or to disapprove such proposed redesignations, the chief elected officials of the local areas in the State shall comply with the requirements of clause (iii). In the case of the disapproval described in clause (ii)(II), not later than 120 days after the Governor issues proposed redesignations under subparagraph (A), the chief elected officials of the local areas in the State shall— select 2 alternate redesignations of local areas— one of which aligns with the regional economic development areas in the State; and one of which aligns with the regions described in subparagraph
(A)or
(B)of subsection (a)(2); and conduct a vote to approve, by majority vote, 1 of the 2 alternate redesignations described in subclause (I). The alternate redesignations approved pursuant to clause (iii)(II) shall take effect in accordance with subparagraph (B). On the date that is the first day of the 12th full program year after the date of enactment of the A Stronger Workforce for America Act , and every 8 years thereafter, the Governor shall— review the designation of local areas; and carry out the requirements of paragraph (3)(A)(ii), except that any redesignation of local areas in a State that is approved by a majority of the chief elected officials of the local areas in the State through the process described in paragraph (3)(C) shall take effect on the first day of the next full program year after the Governor’s review pursuant to this paragraph. At any time, and notwithstanding the requirements of paragraphs (2), (3), and (4), the Governor, upon receipt of a request for a redesignation of a local area described in clause (ii), may approve such request. The following requests may be approved pursuant to clause
(i)upon request: A request from multiple local areas to be redesignated as a single local area. A request from multiple local areas for a revision to the designations of such local areas, which would not impact the designations of local areas that have not made such request. A request for designation as a local area from an area described in section 107(c)(1)(C) . Other than the redesignations described in subparagraph (A), the Governor may only redesignate a local area outside of the process described in paragraphs
(3)and (4), if the local area that will be subject to such redesignation has not— performed successfully; sustained fiscal integrity; or in the case of a local area in any planning region described in subparagraph
(B)or
(C)of subsection (a)(2), met the requirements described in subsection (c)(1). Any redesignation of a local area approved by the Governor under subparagraph
(A)or
(B)shall take effect on the first date of the first full program year after such date of approval. The local board of a local area that is subject to a redesignation of such local area under paragraph (3), (4), or
(5)may submit an appeal to maintain its existing designation to the State board under an appeal process established in the State plan as specified in section 102(b)(2)(D)(i)(III). The State board shall grant an appeal to maintain an existing designation of a local area described in subparagraph
(A)only if the local board of the local area can demonstrate that the process for redesignation of such local area under paragraph (3), (4), or (5), as applicable, has not been followed. If a request to maintain an existing designation as a local area is not granted as a result of such appeal, the Secretary, after receiving a request for review from the local board of such local area and determining that the local board was not accorded procedural rights under the appeals process referred to in subparagraph (A), shall— review the process for the redesignation of the local area under paragraph (3), (4), or (5), as applicable; and upon determining that the applicable process has not been followed, require that the local area’s existing designation be maintained. The State may provide funding from funds made available under sections 128(a)(1) and 133(a)(1) to provide payments to incentivize— groups of local areas to request to be redesignated as a single local area under paragraph (5)(A); multiple local boards in a planning region to develop an agreement to operate as a regional consortium under subsection (c)(3); or effective provision of services to individuals served by a local area, including individuals with barriers to employment, during the first program year that begins after the redesignation of a local area. . Section 106(c) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3121(c) ) is amended— in paragraph (1)— by redesignating subparagraphs
(F)through
(H)as subparagraphs
(G)through (I), respectively; and by inserting the following after subparagraph (E): the establishment of cost arrangements for services described in subsections
(c)and
(d)of section 134, including the pooling of funds for such services, as appropriate, for the region; ; in paragraph (2), by inserting , including to assist with establishing administrative costs arrangements or cost arrangements for services under subparagraphs
(F)and
(G)of such paragraph after delivery efforts ; by redesignating paragraph
(3)as paragraph (4); and by inserting after paragraph (2), as so amended, the following: The local boards and chief elected officials of any local area in any planning region described in subparagraph
(B)or
(C)of subsection (a)(2) may develop an agreement to receive funding under section 128(b) and section 133(b) as a single consortium for the planning region. If the local boards and chief elected officials develop such an agreement— one of the chief elected officials in the planning region shall designate the fiscal agent for the consortium; the local boards shall develop a memorandum of understanding to jointly administer the activities for the consortium; and the required activities for local areas under this Act (including the required functions of the local boards described in section 107(d)) shall apply to such a consortium as a whole and may not be applied separately or differently to the local areas or local boards within such consortium. . Section 106(d) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3121(d) ) is amended— by redesignating paragraph
(2)as paragraph (3); and by inserting after paragraph (1), the following: If, upon a review described in paragraph (3)(A) or (4)(B) of subsection
(b)of a State described in subparagraph
(B)of this paragraph, the Governor of such State determines, after consultation with the State board, that such State should be designated as a single State local area— the Governor shall propose to the legislature of the State to designate such State as a single State local area; in a case in which the majority of the legislature of the State consents to the Governor’s proposed designation— such designation shall take effect in accordance with subparagraph (C); and the Governor shall identify the State as a local area in the State plan; and in a case in which in which the majority of the legislature of the State does not so consent to the Governor’s proposed designation, the designations of the local areas in the State shall be maintained and shall be subject to the requirements of subsection (b)(4). A State described in this subparagraph is a State that— has not been designated as a single State local area under paragraph (1); and has a population of less than 5,100,000, as determined by the last decennial census preceding such designation; or contains 5 or fewer local areas. Notwithstanding subsection (b)(2), a designation described in paragraph
(A)shall take effect on the later of— the first day of the third full program year after the date of enactment of the A Stronger Workforce for America Act ; or the first day of the first full program year following the date on which the Governor so designates the State as a single State local area. At the end of the 5-year period beginning on the date on which a State is designated as a single State local area under subparagraph (A), the Secretary shall notify the Governor of such State if, during such 5-year period, the average of the overall State program scores (as referred to in section 116(f)(2)) across the adult and dislocated worker programs and youth programs authorized under chapters 2 and 3 of subtitle B are lower than the average of the State overall program scores across such programs during the 5-year period ending on the date prior the date on which such State was so designated. If, after receiving the notice described in clause
(i)with respect to a State, the Governor determines— that the designation of the State as a single State local area should be maintained, the Governor shall comply with subclause
(II)or (III), as appropriate; or that such designation should not be so maintained, the Governor shall reestablish the local areas that comprised the State prior to the designation of the State as a single State local area under subparagraph (A), and such reestablishment shall take effect on the first day of the first full program year after the Governor receives such notice. A designation described in subclause (I)(aa) with respect to a State may only be so maintained if the Governor— not later than 180 days after the date on which Governor receives the notice described in clause (i), issues a public notice of the determination by the Governor that the designation of such State as a single State local area should be maintained; and not later than 1 year after the date on which the Governor issues such public notice, the Governor receives the consent of a majority of the legislature of the State to so maintain the designation. If the Governor fails to comply with each of the requirements of subclause
(II)with respect to a State— a designation described in subclause (I)(aa) for such State may not be so maintained; and the Governor shall reestablish the local areas that comprised the State prior to the designation of the State as a single State local area under subparagraph (A), and such reestablishment shall take effect on the first full program year after the date that is 1 year after the date on which the Governor issues the public notice described in subclause (II)(aa) with respect to the State. . performed successfully Section 106(e)(1) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3121(e) ) is amended to read as follows: The term performed successfully , used with respect to a local area, means the local area is not subject to corrective action as described in section 116(g)(2) on the local performance accountability measures for the most recent year for which data are available preceding the determination of performance under this paragraph. .
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 115
Workforce development areas
Cites 1Cited by 0 across 0 sources