View all text of Subpart 2 [§ 3121 - § 3123]
§ 3122. Local workforce development boards
(a) Establishment
(b) Membership
(1) State criteria
(2) CompositionSuch criteria shall require that, at a minimum—
(A) a majority of the members of each local board shall be representatives of business in the local area, who—
(i) are owners of businesses, chief executives or operating officers of businesses, or other business executives or employers with optimum policymaking or hiring authority;
(ii) represent businesses, including small businesses, or organizations representing businesses described in this clause, that provide employment opportunities that, at a minimum, include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the local area; and
(iii) are appointed from among individuals nominated by local business organizations and business trade associations;
(B) not less than 20 percent of the members of each local board shall be representatives of the workforce within the local area, who—
(i) shall include representatives of labor organizations (for a local area in which employees are represented by labor organizations), who have been nominated by local labor federations, or (for a local area in which no employees are represented by such organizations) other representatives of employees;
(ii) shall include a representative, who shall be a member of a labor organization or a training director, from a joint labor-management apprenticeship program, or if no such joint program exists in the area, such a representative of an apprenticeship program in the area, if such a program exists;
(iii) may include representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment needs of individuals with barriers to employment, including organizations that serve veterans or that provide or support competitive integrated employment for individuals with disabilities; and
(iv) may include representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including representatives of organizations that serve out-of-school youth;
(C) each local board shall include representatives of entities administering education and training activities in the local area, who—
(i) shall include a representative of eligible providers administering adult education and literacy activities under subchapter II;
(ii) shall include a representative of institutions of higher education providing workforce investment activities (including community colleges);
(iii) may include representatives of local educational agencies, and of community-based organizations with demonstrated experience and expertise in addressing the education or training needs of individuals with barriers to employment;
(D) each local board shall include representatives of governmental and economic and community development entities serving the local area, who—
(i) shall include a representative of economic and community development entities;
(ii) shall include an appropriate representative from the State employment service office under the Wagner-Peyser Act (29 U.S.C. 49 et seq.) serving the local area;
(iii) shall include an appropriate representative of the programs carried out under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other than section 112 or part C of that title (29 U.S.C. 732, 741), serving the local area;
(iv) may include representatives of agencies or entities administering programs serving the local area relating to transportation, housing, and public assistance; and
(v) may include representatives of philanthropic organizations serving the local area; and
(E) each local board may include such other individuals or representatives of entities as the chief elected official in the local area may determine to be appropriate.
(3) Chairperson
(4) Standing committees
(A) In generalThe local board may designate and direct the activities of standing committees to provide information and to assist the local board in carrying out activities under this section. Such standing committees shall be chaired by a member of the local board, may include other members of the local board, and shall include other individuals appointed by the local board who are not members of the local board and who the local board determines have appropriate experience and expertise. At a minimum, the local board may designate each of the following:
(i) A standing committee to provide information and assist with operational and other issues relating to the one-stop delivery system, which may include as members representatives of the one-stop partners.
(ii) A standing committee to provide information and to assist with planning, operational, and other issues relating to the provision of services to youth, which shall include community-based organizations with a demonstrated record of success in serving eligible youth.
(iii) A standing committee to provide information and to assist with operational and other issues relating to the provision of services to individuals with disabilities, including issues relating to compliance with section 3248 of this title, if applicable, and applicable provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) regarding providing programmatic and physical access to the services, programs, and activities of the one-stop delivery system, as well as appropriate training for staff on providing supports for or accommodations to, and finding employment opportunities for, individuals with disabilities.
(B) Additional committees
(C) Designation of entity
(5) Authority of board members
(6) Special rule
(c) Appointment and certification of board
(1) Appointment of board members and assignment of responsibilities
(A) In general
(B) Multiple units of local government in area
(i) In generalIn 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—(I) in the appointment of the members of the local board from the individuals nominated or recommended to be such members in accordance with the criteria established under subsection (b); and(II) in carrying out any other responsibilities assigned to such officials under this subchapter.
(ii) Lack of agreement
(C) Concentrated employment programs
(2) Certification
(A) In general
(B) Criteria
(C) Failure to achieve certification
(3) Decertification
(A) Fraud, abuse, failure to carry out functionsNotwithstanding paragraph (2), the Governor shall have the authority to decertify a local board at any time after providing notice and an opportunity for comment, for—
(i) fraud or abuse; or
(ii) failure to carry out the functions specified for the local board in subsection (d).
(B) Nonperformance
(C) Reorganization plan
(4) Single State local area
(A) State board
(B) References
(i) In general
(ii) Plans
(iii) Performance accountability measures
(d) Functions of local boardConsistent with section 3123 of this title, the functions of the local board shall include the following:
(1) Local plan
(2) Workforce research and regional labor market analysisIn order to assist in the development and implementation of the local plan, the local board shall—
(A) carry out analyses of the economic conditions in the region, the needed knowledge and skills for the region, the workforce in the region, and workforce development activities (including education and training) in the region described in section 3123(b)(1)(D) of this title, and regularly update such information;
(B) assist the Governor in developing the statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act (29 U.S.C. 49l–2(e)), specifically in the collection, analysis, and utilization of workforce and labor market information for the region; and
(C) conduct such other research, data collection, and analysis related to the workforce needs of the regional economy as the board, after receiving input from a wide array of stakeholders, determines to be necessary to carry out its functions.
(3) Convening, brokering, leveraging
(4) Employer engagementThe local board shall lead efforts to engage with a diverse range of employers and with entities in the region involved—
(A) to promote business representation (particularly representatives with optimal policymaking or hiring authority from employers whose employment opportunities reflect existing and emerging employment opportunities in the region) on the local board;
(B) to develop effective linkages (including the use of intermediaries) with employers in the region to support employer utilization of the local workforce development system and to support local workforce investment activities;
(C) to ensure that workforce investment activities meet the needs of employers and support economic growth in the region, by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers; and
(D) to develop and implement proven or promising strategies for meeting the employment and skill needs of workers and employers (such as the establishment of industry and sector partnerships), that provide the skilled workforce needed by employers in the region, and that expand employment and career advancement opportunities for workforce development system participants in in-demand industry sectors or occupations.
(5) Career pathways development
(6) Proven and promising practicesThe local board shall lead efforts in the local area to—
(A) identify and promote proven and promising strategies and initiatives for meeting the needs of employers, and workers and jobseekers (including individuals with barriers to employment) in the local workforce development system, including providing physical and programmatic accessibility, in accordance with section 3248 of this title, if applicable, and applicable provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), to the one-stop delivery system; and
(B) identify and disseminate information on proven and promising practices carried out in other local areas for meeting such needs.
(7) TechnologyThe local board shall develop strategies for using technology to maximize the accessibility and effectiveness of the local workforce development system for employers, and workers and jobseekers, by—
(A) facilitating connections among the intake and case management information systems of the one-stop partner programs to support a comprehensive workforce development system in the local area;
(B) facilitating access to services provided through the one-stop delivery system involved, including facilitating the access in remote areas;
(C) identifying strategies for better meeting the needs of individuals with barriers to employment, including strategies that augment traditional service delivery, and increase access to services and programs of the one-stop delivery system, such as improving digital literacy skills; and
(D) leveraging resources and capacity within the local workforce development system, including resources and capacity for services for individuals with barriers to employment.
(8) Program oversightThe local board, in partnership with the chief elected official for the local area, shall—
(A)
(i) conduct oversight for local youth workforce investment activities authorized under section 3164(c) of this title, local employment and training activities authorized under subsections (c) and (d) of section 3174 of this title, and the one-stop delivery system in the local area; and
(ii) ensure the appropriate use and management of the funds provided under part B for the activities and system described in clause (i); and
(B) for workforce development activities, ensure the appropriate use, management, and investment of funds to maximize performance outcomes under section 3141 of this title.
(9) Negotiation of local performance accountability measures
(10) Selection of operators and providers
(A) Selection of one-stop operatorsConsistent with section 3151(d) of this title, the local board, with the agreement of the chief elected official for the local area—
(i) shall designate or certify one-stop operators as described in section 3151(d)(2)(A) of this title; and
(ii) may terminate for cause the eligibility of such operators.
(B) Selection of youth providersConsistent with section 3153 of this title, the local board—
(i) shall identify eligible providers of youth workforce investment activities in the local area by awarding grants or contracts on a competitive basis (except as provided in section 3153(b) of this title), based on the recommendations of the youth standing committee, if such a committee is established for the local area under subsection (b)(4); and
(ii) may terminate for cause the eligibility of such providers.
(C) Identification of eligible providers of training services
(D) Identification of eligible providers of career services
(E) Consumer choice requirements
(11) Coordination with education providers
(A) In general
(B) Applications and agreementsThe coordination described in subparagraph (A) shall include—
(i) consistent with section 3322 of this title—(I) reviewing the applications to provide adult education and literacy activities under subchapter II for the local area, submitted under such section to the eligible agency by eligible providers, to determine whether such applications are consistent with the local plan; and(II) making recommendations to the eligible agency to promote alignment with such plan; and
(ii) replicating cooperative agreements in accordance with subparagraph (B) of section 101(a)(11) of the Rehabilitation Act of 1973 (29 U.S.C. 721(a)(11)[(B)]), and implementing cooperative agreements in accordance with that section with the local agencies administering plans under title I of that Act (29 U.S.C. 720 et seq.) (other than section 112 or part C of that title (29 U.S.C. 732, 741) and subject to section 3151(f) of this title), with respect to efforts that will enhance the provision of services to individuals with disabilities and other individuals, such as cross training of staff, technical assistance, use and sharing of information, cooperative efforts with employers, and other efforts at cooperation, collaboration, and coordination.
(C) Cooperative agreement
(12) Budget and administration
(A) Budget
(B) Administration
(i) Grant recipient(I) In general(II) Designation(III) Disbursal
(ii) Grants and donations
(iii) Tax-exempt status
(13) Accessibility for individuals with disabilities
(e) Sunshine provision
(f) Staff
(1) In general
(2) Qualifications
(3) Limitation on rate
(g) Limitations
(1) Training services
(A) In general
(B) Waivers of training prohibitionThe Governor of the State in which a local board is located may, pursuant to a request from the local board, grant a written waiver of the prohibition set forth in subparagraph (A) (relating to the provision of training services) for a program of training services, if the local board—
(i) submits to the Governor a proposed request for the waiver that includes—(I) satisfactory evidence that there is an insufficient number of eligible providers of such a program of training services to meet local demand in the local area;(II) information demonstrating that the board meets the requirements for an eligible provider of training services under section 3152 of this title; and(III) information demonstrating that the program of training services prepares participants for an in-demand industry sector or occupation in the local area;
(ii) makes the proposed request available to eligible providers of training services and other interested members of the public for a public comment period of not less than 30 days; and
(iii) includes, in the final request for the waiver, the evidence and information described in clause (i) and the comments received pursuant to clause (ii).
(C) Duration
(D) Revocation
(2) Career services; designation or certification as one-stop operators
(3) Limitation on authority
(h) Conflict of interestA member of a local board, or a member of a standing committee, may not—
(1) vote on a matter under consideration by the local board—
(A) regarding the provision of services by such member (or by an entity that such member represents); or
(B) that would provide direct financial benefit to such member or the immediate family of such member; or
(2) engage in any other activity determined by the Governor to constitute a conflict of interest as specified in the State plan.
(i) Alternative entity
(1) In generalFor purposes of complying with subsections (a), (b), and (c), a State may use any local entity (including a local council, regional workforce development board, or similar entity) that—
(A) is established to serve the local area (or the service delivery area that most closely corresponds to the local area);
(B) was in existence on the day before August 7, 1998, pursuant to State law; and
(C) includes—
(i) representatives of business in the local area; and
(ii)(I) representatives of labor organizations (for a local area in which employees are represented by labor organizations), nominated by local labor federations; or(II) other representatives of employees in the local area (for a local area in which no employees are represented by such organizations).
(2) References
(Pub. L. 113–128, title I, § 107, July 22, 2014, 128 Stat. 1456; Pub. L. 114–18, § 2(b), May 22, 2015, 129 Stat. 213.)