Sec. 115. Workforce development areas
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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 and consistent with paragraphs
(2)and (3), ; 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: Subject to paragraph (5), 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 local boards in the State in accordance with the process described in subparagraph (C). A redesignation of local areas in a State that is approved by a majority of the local boards 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 local boards in the State shall comply with the following: Not later than 60 days after the Governor issues proposed redesignations under subparagraph (A), the chairperson of each local board shall review the proposed redesignations and submit a vote on behalf of such local board to the Governor either approving or rejecting the proposed redesignations. If a majority of the local boards 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 chairpersons of the local boards 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 60 days after initial votes were submitted under clause (i), the chairpersons of the local boards 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 based on the considerations described in paragraph (1)(B) and conduct a process in accordance with paragraph (3). 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), shall approve such request. The following requests shall 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 a planning region, 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 only grant an appeal to maintain an existing designation of a local area described in subparagraph
(A)if 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 such local area and determining that the local area 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); or multiple local boards in a planning region to develop an agreement to operate as a regional consortium under subsection (c)(3). . 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 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 be responsible for designating 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: Consistent with the process described in subsection (b)(1)(A) and during a review of designations described in paragraph
(3)or
(4)of subsection (b), the Governor may propose to designate a State as a single State local area for the purposes of this title. If the Governor proposes a single State local area, the chairpersons of the existing local boards shall vote to approve or reject such designation through the process described in subsection (b)(3)(C). If the majority of the chairpersons of the local boards in the State vote to approve such proposed designation, the State shall be designated as a single State local area and the Governor shall identify the State as a local area in the State plan. . performed successfully Section 106(e)(1) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3121(e) ) is amended by striking adjusted levels of performance and inserting adjusted levels of performance described in section 116(g)(1) .
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Sec. 115
Workforce development areas
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