[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2744 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2744

To amend the Workforce Investment Act of 1998 to increase the Nation's 
    competitiveness and enhance the workforce investment systems by 
  authorizing the implementation of Workforce Innovation in Regional 
Economic Development plans, the integration of appropriate programs and 
  resources as part of such plans, and the provision of supplementary 
   grant assistance and additional related activities, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 11, 2008

 Mr. Voinovich introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To amend the Workforce Investment Act of 1998 to increase the Nation's 
    competitiveness and enhance the workforce investment systems by 
  authorizing the implementation of Workforce Innovation in Regional 
Economic Development plans, the integration of appropriate programs and 
  resources as part of such plans, and the provision of supplementary 
   grant assistance and additional related activities, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Workforce Innovation in Regional 
Economic Development Act of 2008''.

SEC. 2. STATEMENT OF PURPOSE.

    The purpose of this Act is to provide State and local governments 
with greater flexibility in administering the workforce investment 
systems, through Workforce Innovation in Regional Economic Development 
(referred to in this Act as ``WIRED'') activities--
            (1) so that the workforce investment systems give the State 
        and local governments additional flexibilities that are needed 
        to confront challenges in adjusting to the global economy and 
        that are based on the particular strengths of regional and 
        local economies;
            (2) so that entities operating the workforce investment 
        systems actively collaborate with businesses, entities 
        operating government economic development efforts, entities 
        operating private economic development efforts, and education 
        partners to ensure systems that meet the needs of both workers 
        and businesses, and operate to educate and train workers for 
        employment opportunities that exist today and in the future;
            (3) so that the use of workforce development funds to carry 
        out the workforce investment systems provides flexibility to 
        State and local governments that have developed workforce 
        development and related strategies for regional economies, 
        allowing for the adoption of innovative policies across the 
        workforce development, economic development, and education 
        systems; and
            (4) in order to better integrate workforce development, 
        economic development, and education systems through increased 
        alignment of these systems.

SEC. 3. ESTABLISHMENT OF WIRED FRAMEWORK.

    (a) In General.--The Workforce Investment Act of 1998 is amended by 
inserting after section 192 (29 U.S.C. 2942) the following new section:

``SEC. 192A. WORKFORCE INNOVATION IN REGIONAL ECONOMIC DEVELOPMENT.

    ``(a) Definitions.--In this section:
            ``(1) Community college.--The term `community college' 
        means an institution of higher education, as such term is 
        defined in section 102 of the Higher Education Act of 1965 (20 
        U.S.C. 1002), that provides not less than a 2-year program.
            ``(2) Implementing entity.--The term `implementing entity' 
        means the entity specified under subsection (b)(2)(B)(i).
            ``(3) Wired.--The term `WIRED' means Workforce Innovation 
        in Regional Economic Development.
    ``(b) Workforce Innovation in Regional Economic Development 
Plans.--
            ``(1) In general.--The Secretary, after consultation with 
        the other Federal agency heads responsible for the 
        administration of programs described in paragraphs (4)(D) and 
        (5)(D) and included in a WIRED plan submitted under this 
        subsection, may approve such plan for a region to support the 
        development of human capital in the regional economy in order 
        to--
                    ``(A) foster economic development;
                    ``(B) expand employment and advancement 
                opportunities for workers; and
                    ``(C) promote the creation of high-skill and high-
                wage opportunities.
            ``(2) Contents of plan.--To obtain approval of a WIRED plan 
        under this subsection, 1 or more Governors shall submit the 
        plan to the Secretary at such time, in such manner, and 
        containing such information as the Secretary may require, 
        including--
                    ``(A)(i) information identifying the multi-county 
                region in which the activities provided under the plan 
                will be carried out, including identification of the 
                communities in the region that share common 
                characteristics, and a description of why the economy 
                of the area involved comprises a regional economy; and
                    ``(ii) in the event that the establishment of the 
                region would result in the division of an area serving 
                as a local area on the date of the submission of the 
                plan, information describing--
                            ``(I) the local board, one-stop operator, 
                        one-stop partners, and other entities that will 
                        serve the remainder of the local area; and
                            ``(II) the transition that will occur to 
                        ensure that the requirements of this Act are 
                        carried out in the remainder;
                    ``(B)(i) information specifying an implementing 
                entity to carry out the plan; and
                    ``(ii) a description of a broad-based regional 
                partnership that has been created for the region 
                identified under subparagraph (A)--
                            ``(I) that represents the major assets of 
                        the region, including businesses, educational 
                        institutions, research and development 
                        facilities and programs, technology 
                        infrastructure, and physical infrastructure, 
                        consistent with the requirements of paragraph 
                        (3); and
                            ``(II) that assists in developing the 
                        economic goals described in subparagraph (D) 
                        and the strategies described in subparagraph 
                        (E), and provides a forum for regional economic 
                        decisionmaking;
                    ``(C)(i) a description of the major assets of the 
                region, based on a regional assessment; and
                    ``(ii) a description of information identifying the 
                strengths of, weaknesses of, opportunities in, and 
                risks facing, the region;
                    ``(D) a description of economic goals for the 
                region, based on the assets and strengths identified 
                and described under subparagraph (C), and evidence of 
                support for those goals from the broad-based regional 
                partnership described in subparagraph (B);
                    ``(E) a description of workforce development and 
                related strategies to achieve the economic goals for 
                the region as described under subparagraph (D), 
                including describing the activities to be carried out 
                under this subsection, consistent with paragraphs (4) 
                and (5);
                    ``(F) information on the workforce development 
                programs that will be integrated in the region and that 
                will provide funds that will be integrated to carry out 
                the strategies described under subparagraph (E), in 
                accordance with the requirements of paragraph (4), for 
                an integrated workforce development program, 
                including--
                            ``(i) information identifying the programs 
                        to be integrated;
                            ``(ii) of the resources available under 
                        each of the programs to the local area or other 
                        service area affected, the amount and 
                        proportion that will be used in the region to 
                        carry out the strategies described under 
                        subparagraph (E);
                            ``(iii) a description of how the resources 
                        will be used to accomplish the goals described 
                        under subparagraph (D), including a description 
                        of the services to be provided, and how such 
                        services will be provided, consistent with 
                        clause (iv) and paragraph (4);
                            ``(iv) assurances that, for purposes of 
                        carrying out the WIRED plan, the integrated 
                        workforce development program will include--
                                    ``(I) a regional workforce 
                                investment board (which may include 
                                individuals who are members of a local 
                                board, or entities that are local 
                                boards, on the date of submission of 
                                the plan) for the region--
                                            ``(aa) that substantially 
                                        meets (as determined by the 
                                        Governors involved) the 
                                        requirements for local boards 
                                        described in subsections (a), 
                                        (b), and (c) (and (i) as 
                                        applicable) of section 117;
                                            ``(bb) that submits to the 
                                        Governors involved for approval 
                                        a plan for the region that is 
                                        substantially similar (as so 
                                        determined) to the local plans 
                                        required under section 118; and
                                            ``(cc) that will carry out 
                                        functions, and be subject to 
                                        limitations, that are 
                                        substantially similar (as so 
                                        determined) to the functions 
                                        and limitations described in 
                                        subsections (d), (e), (f), and 
                                        (g) of section 117;
                                    ``(II) an implementing entity, 
                                which will ensure the maintenance of a 
                                one-stop delivery system for the region 
                                that is consistent with the 
                                requirements of section 121 for a local 
                                area;
                                    ``(III) service to populations 
                                consistent with the populations served 
                                by the programs being integrated, and 
                                universal access to core services 
                                described in section 134(d)(2);
                                    ``(IV) compliance with the 
                                veterans' priority of service 
                                requirement under section 4215 of title 
                                38, United States Code;
                                    ``(V) coordination of services with 
                                employment-related programs not 
                                included in the integrated workforce 
                                development program; and
                                    ``(VI) compliance with requirements 
                                under this title relating to wage and 
                                labor standards (including 
                                nondisplacement provisions), grievance 
                                procedures and judicial review, and 
                                nondiscrimination; and
                            ``(v) an assurance that, for purposes of 
                        carrying out the WIRED plan, not more than 10 
                        percent of the funds expended under the 
                        integrated workforce development program each 
                        year will be expended on the costs of 
                        administration (as defined by the Secretary);
                    ``(G) information on the community and economic 
                development programs (including portions of programs), 
                if any, that will be integrated in the region and that 
                will provide funds that will be integrated to carry out 
                the strategies described in subparagraph (E), in 
                accordance with the requirements of paragraph (5), for 
                the integrated workforce development program, 
                including--
                            ``(i) information identifying the community 
                        and economic development programs (including 
                        portions of programs) to be integrated;
                            ``(ii) of the resources available under 
                        each of the programs to the service area 
                        affected, the amount and proportion that will 
                        be used in the region to carry out the 
                        strategies described under subparagraph (E); 
                        and
                            ``(iii) a description of how the resources 
                        will be used to accomplish the goals described 
                        under subparagraph (D), including a description 
                        of the activities to be carried out, and how 
                        such activities will be carried out, consistent 
                        with paragraph (5); and
                    ``(H) in addition to the resources described under 
                subparagraphs (F) and (G), information identifying 
                other resources that will be used to carry out the 
                strategies described under subparagraph (E), from a 
                wide range of sources, including resources of 
                foundations, private investment from sources such as 
                venture capital, and resources of Federal, State, and 
                local governments.
            ``(3) Broad-based regional partnership.--For purposes of 
        this subsection, a broad-based regional partnership--
                    ``(A) shall include--
                            ``(i) representatives of the local 
                        workforce investment systems in the region 
                        identified under paragraph (2)(A), such as a 
                        chairperson or executive director of a local 
                        board in such region;
                            ``(ii) representatives of the education 
                        system in the region, including representatives 
                        from--
                                    ``(I) local educational entities;
                                    ``(II) community colleges; and
                                    ``(III) 4-year institutions of 
                                higher education, as defined in section 
                                102 of the Higher Education Act of 1965 
                                (20 U.S.C. 1002);
                            ``(iii) representatives of businesses and 
                        industry associations in the region; and
                            ``(iv) representatives of local and 
                        regional economic development agencies in the 
                        region; and
                    ``(B) may include--
                            ``(i) representatives of local elected 
                        officials in the region;
                            ``(ii) representatives of the philanthropic 
                        community;
                            ``(iii) representatives of postsecondary 
                        education and training providers in the region, 
                        in addition to the providers described in 
                        subparagraph (A)(ii);
                            ``(iv) representatives of private 
                        investment entities and private investors, such 
                        as seed and venture capital organizations, 
                        investor networks, and entrepreneurs;
                            ``(v) representatives of faith-based and 
                        community-based organizations; and
                            ``(vi) representatives of other Federal, 
                        State, or local entities or organizations that 
                        may enhance the carrying out of the activities 
                        of the partnership.
            ``(4) Integration of workforce development programs 
        authorized.--
                    ``(A) Authorization for integration.--In carrying 
                out this subsection, the Secretary, after consultation 
                with the other Federal agency heads responsible for the 
                administration of the workforce development programs 
                described in subparagraph (D) that are included in a 
                WIRED plan, shall, upon the approval of the plan, 
                authorize the implementing entity for the plan to 
                integrate programs as described in subparagraph (B) to 
                assist in implementing such plan.
                    ``(B) Integration.--The authorization shall give 
                the implementing entity the authority to integrate, in 
                accordance with such approved plan, the programs 
                described in subparagraph (D) that are included in the 
                approved plan (including the funds provided under the 
                programs). The implementing entity shall integrate the 
                programs into a single, coordinated, comprehensive 
                integrated workforce development program to achieve the 
                economic goals identified in such plan for the region.
                    ``(C) Effect on program funds.--The funds 
                integrated under subparagraph (B) may be used, 
                consistent with paragraph (2)(F), to carry out any of 
                the activities authorized under any of the programs 
                described in subparagraph (D), or activities described 
                in subparagraph (E), that are included in the plan.
                    ``(D) Included workforce development programs.--
                            ``(i) Mandatory programs.--A WIRED plan 
                        authorized under this subsection shall include 
                        programs (to be integrated into the integrated 
                        workforce development program) consisting of--
                                    ``(I) the program of workforce 
                                investment activities for adults 
                                authorized under chapter 5 of subtitle 
                                B; and
                                    ``(II) the program of workforce 
                                investment activities for dislocated 
                                workers authorized under chapter 5 of 
                                subtitle B.
                            ``(ii) Additional programs.--In addition to 
                        the programs described in clause (i), a WIRED 
                        plan may include programs (to be integrated 
                        into the integrated workforce development 
                        program) consisting of--
                                    ``(I) the program of workforce 
                                investment activities for youth 
                                authorized under chapter 4 of subtitle 
                                B;
                                    ``(II) the program for the 
                                provision of employment services 
                                authorized under the Wagner-Peyser Act 
                                (29 U.S.C. 49 et seq.); or
                                    ``(III) any of the other programs 
                                or activities provided by required one-
                                stop partners as described in section 
                                121(b)(1)(B).
                    ``(E) Workforce development activities.--In 
                implementing a WIRED plan and an integrated workforce 
                development program, the implementing entity shall 
                provide for workforce development activities that shall 
                include--
                            ``(i) job training and related activities 
                        for workers to assist the workers in gaining 
                        the skills and competencies needed to obtain or 
                        upgrade employment in industries or economic 
                        sectors projected to experience significant 
                        growth in the region identified under paragraph 
                        (2)(A), which may include--
                                    ``(I) activities supporting 
                                workforce development related to 
                                entrepreneurship and small business 
                                development; and
                                    ``(II) the purchase of equipment to 
                                train job seekers and workers for high-
                                growth occupations;
                            ``(ii) activities to enhance the training 
                        and related activities described in clause (i) 
                        and to promote workforce development in the 
                        region identified under paragraph (2)(A), which 
                        may include--
                                    ``(I) the development and 
                                implementation of model activities, 
                                such as developing appropriate 
                                curricula to build core competencies 
                                and train workers in the region;
                                    ``(II) identifying and 
                                disseminating career and skill 
                                information relating to the region;
                                    ``(III) developing or purchasing 
                                regional data tools or systems to 
                                deepen understanding of the regional 
                                economy and labor market involved; and
                                    ``(IV) integrated regional 
                                planning, such as increasing the 
                                integration of community college 
                                activities with activities of 
                                businesses and the regional workforce 
                                investment system to meet the training 
                                needs of high-growth industries in the 
                                region; and
                            ``(iii) appropriate employment-related 
                        activities and services, authorized under the 
                        workforce development programs that are 
                        integrated under the plan in accordance with 
                        subparagraph (B) that will assist in achieving 
                        the economic goals described under paragraph 
                        (2)(D) and in implementing the strategies 
                        described under paragraph (2)(E).
            ``(5) Integration of community and economic development 
        programs authorized.--
                    ``(A) Authorization for integration.--In carrying 
                out this subsection, the Secretary, after consultation 
                with the Federal agency heads responsible for the 
                administration of the community and economic 
                development programs described in subparagraph (D) that 
                are included in a WIRED plan, if any, shall, upon the 
                approval of the plan, authorize the implementing entity 
                for the plan to integrate portions of programs, or 
                entire programs, as described in subparagraph (B) to 
                assist in implementing such plan.
                    ``(B) Integration.--The authorization shall give 
                the implementing entity the authority to integrate, in 
                accordance with such approved plan, portions of 
                programs, or entire programs, described in subparagraph 
                (D) that are included in the approved plan (including 
                the funds provided under the portions or entire 
                programs, as appropriate) to carry out the community 
                and economic development activities described in 
                paragraph (2)(G). The implementing entity shall 
                integrate those portions or entire programs into the 
                integrated workforce development program as described 
                in paragraph (4)(B).
                    ``(C) Effect on program requirements.--The funds 
                integrated under subparagraph (B) may be used, 
                consistent with paragraph (2)(G), to carry out any of 
                the activities authorized under any of the programs 
                described in subparagraph (D) that are included in the 
                plan.
                    ``(D) Included community and economic development 
                programs.--A WIRED plan authorized under this 
                subsection may include portions of programs, or entire 
                programs (to be integrated into the integrated 
                workforce development program) consisting of--
                            ``(i) community development block grants 
                        authorized under title I of the Housing and 
                        Community Development Act of 1974 (42 U.S.C. 
                        5301 et seq.);
                            ``(ii) community services block grants 
                        authorized under the Community Services Block 
                        Grant Act (42 U.S.C. 9901 et. seq.);
                            ``(iii) public works and economic 
                        development grants authorized under section 201 
                        of the Public Works and Economic Development 
                        Act of 1965 (42 U.S.C. 3141);
                            ``(iv) rural business enterprise grants or 
                        rural educational network grants authorized 
                        under section 310B(c) of the Consolidated Farm 
                        and Rural Development Act (7 U.S.C. 1932(c));
                            ``(v) rural business opportunity grants 
                        authorized under section 306(a)(11)(A) of the 
                        Consolidated Farm and Rural Development Act (7 
                        U.S.C. 1926(a)(11)(A));
                            ``(vi) grants authorized under section 
                        108(q) of the Housing and Community Development 
                        Act of 1974 (42 U.S.C. 5308(q)) (relating to 
                        economic development); and
                            ``(vii) rural housing and economic 
                        development grants described in the Departments 
                        of Veterans Affairs and Housing and Urban 
                        Development, and Independent Agencies 
                        Appropriations Act, 1999, the Quality Housing 
                        and Work Responsibility Act of 1998, or an 
                        amendment made by either of those Acts.
            ``(6) Performance measures and reporting.--
                    ``(A) Performance measures.--
                            ``(i) In general.--The Secretary shall 
                        establish performance measures that will be 
                        used to evaluate the performance of activities 
                        carried out under this subsection.
                            ``(ii) Core indicators of performance.--The 
                        performance measures shall be based on 
                        indicators of performance, including core 
                        indicators of performance consisting of the 
                        following:
                                    ``(I) Entry into employment.
                                    ``(II) Retention in employment.
                                    ``(III) Earnings.
                    ``(B) Recordkeeping and reporting.--Each 
                implementing entity carrying out an approved plan under 
                this subsection shall ensure that records are 
                maintained and reports are submitted, in such form and 
                containing such information as the Secretary may 
                require, regarding the performance of activities 
                carried out under this subsection, including 
                performance relating to the performance measures 
                established under subparagraph (A) (and any measures 
                adopted by the Governors or regional board involved).
            ``(7) Technical assistance and evaluation.--
                    ``(A) Technical assistance.--The Secretary shall 
                provide such staff training, technical assistance, and 
                other activities as the Secretary determines to be 
                appropriate to support the implementation of this 
                subsection.
                    ``(B) Evaluation.--The Secretary may require, as 
                appropriate, each State with an approved plan under 
                this subsection and implementing entity carrying out 
                such a plan to participate in an evaluation of 
                activities carried out under this subsection, including 
                an evaluation using the techniques described in section 
                172(c).
            ``(8) Administration of funds.--
                    ``(A) Separate records not required.--Nothing in 
                this subsection shall be construed as requiring a State 
                or implementing entity to maintain separate records 
                tracing any services or activities conducted under an 
                approved WIRED plan to the programs under which funds 
                were originally authorized, nor shall a State or 
                implementing entity be required to allocate 
                expenditures among such programs.
                    ``(B) Single audit act.--Nothing in this section 
                shall be construed to interfere with the ability of the 
                Secretary to fulfill responsibilities for the 
                safeguarding of Federal funds pursuant to the 
                amendments made by the Single Audit Act of 1984.
            ``(9) Federal responsibilities.--
                    ``(A) Interagency memorandum of understanding.--Not 
                later than 90 days after the date of enactment of the 
                Workforce Innovation in Regional Economic Development 
                Act of 2008, the Secretary and the other Federal agency 
                heads responsible for the administration of programs 
                described in paragraphs (4)(D) and (5)(D) shall enter 
                into an interdepartmental memorandum of agreement 
                providing for the implementation of WIRED plans with 
                respect to the integration of programs and funds 
                administered by the Secretary and the Federal agency 
                heads.
                    ``(B) Interagency funds transfers authorized.--The 
                Secretary and the Federal agency heads are authorized 
                to take such action as may be necessary to provide for 
                intra-agency or interagency transfers of funds 
                otherwise available to a State, or an entity within a 
                State, in order to further the purposes of this 
                subsection.
            ``(10) Effect on program requirements.--The requirements of 
        the statutes authorizing the programs included in an approved 
        plan shall not apply, except as specified in this subsection. 
        The Secretary may issue regulations to carry out this 
        subsection, including paragraph (2).
    ``(c) Wired Supplementary Grants.--
            ``(1) Definition.--In this subsection, the term `WIRED 
        activities' includes--
                    ``(A) WIRED planning activities, including--
                            ``(i) identifying a region described in 
                        subsection (b)(2)(A);
                            ``(ii) creating a broad-based regional 
                        partnership described in subsection (b)(2)(B);
                            ``(iii) conducting the assessment and 
                        obtaining the information described in 
                        subsection (b)(2)(C);
                            ``(iv) developing economic goals described 
                        in subsection (b)(2)(D);
                            ``(v) developing strategies described in 
                        subsection (b)(2)(E) and corresponding 
                        implementation plans that identify specific 
                        goals and tasks and provide a blueprint for how 
                        to achieve the economic goals for the region; 
                        and
                            ``(vi) identifying resources to support the 
                        plan of the region; and
                    ``(B) activities described in clause (i) or (ii) of 
                subsection (b)(4)(E).
            ``(2) Grants.--From funds available under section 286(s)(2) 
        of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)), 
        the Secretary may award grants--
                    ``(A) to implementing entities to provide 
                activities that will assist the entities in 
                implementing WIRED plans approved under subsection (b); 
                and
                    ``(B) to States to enable the States to carry out 
                WIRED activities.
            ``(3) Applications.--For an implementing entity or State to 
        be eligible to receive a grant under this subsection, the 
        Governors involved shall submit an application to the Secretary 
        at such time, in such manner, and containing such information 
        as the Secretary may require, including--
                    ``(A)(i) for a grant to an implementing entity, a 
                description of the workforce development activities 
                relating to the WIRED plan approved or submitted under 
                subsection (b), including activities described in 
                subsection (b)(4)(E), that will be carried out with the 
                funds provided under the grant; and
                    ``(ii) for a grant to a State, a description of the 
                WIRED activities that will be carried out with such 
                funds; and
                    ``(B)(i) for a grant to an implementing entity, a 
                description of the need for the grant funds to assist 
                in the implementation of the WIRED plan under 
                subsection (b); and
                    ``(ii) for a grant to a State, a description of the 
                need for the grant funds to carry out the WIRED 
                activities.
            ``(4) Performance and accountability.--A State or 
        implementing entity that receives grant funds under this 
        subsection shall comply, with respect to activities carried out 
        under this subsection, with any requirement applicable under 
        paragraph (6)(B) or (7)(B) of subsection (b) to an implementing 
        entity carrying out an approved plan under that subsection.
    ``(d) Authority to Carry Out Additional Wired Activities Under 
Wia.--
            ``(1) Authorization for use of certain funds under wia.--
        Subject to paragraph (2), funds available under sections 128, 
        133, and 171 may be used by recipients and subrecipients of 
        those funds for WIRED activities (as defined in subsection (c)) 
        in addition to the other activities for which such funds are 
        authorized to be used.
            ``(2) Limitation.--In using the funds attributable to 
        workforce investment activities for such WIRED activities, the 
        recipients and subrecipients shall be subject to the 
        requirements that apply to those workforce investment 
        activities.''.
    (b) Conforming Amendment.--Section 286(s)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1356(s)(2)) is amended by inserting ``and 
grants authorized under section 192A(c) of the Workforce Investment Act 
of 1998'' before the period.
    (c) Table of Contents.--The table of contents in section 1(b) of 
the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.) is 
amended by inserting after the item relating to section 192 the 
following:

``Sec. 192A. Workforce innovation in regional economic development.''.
                                 <all>