1.This Act may be cited as
the Workforce Innovation in Regional
Economic Development Act of 2008
.
2.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.
3.Establishment of
wired framework
(a)The Workforce Investment Act of 1998 is amended by
inserting after section 192 (29 U.S.C. 2942) the following new section:
192A.Workforce
innovation in regional economic development
(a)In
this section:
(1)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)The term implementing entity
means the
entity specified under subsection (b)(2)(B)(i).
(3)The
term WIRED means Workforce Innovation in Regional Economic
Development.
(b)Workforce
innovation in regional economic development plans
(1)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)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 partnershipFor 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 integrationIn 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)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)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)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)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 activitiesIn 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 integrationIn 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)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 requirementsThe 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 programsA 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)
(i)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 performanceThe 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 reportingEach 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)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)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)
(A)Separate
records not requiredNothing 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)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)
(A)Interagency
memorandum of understandingNot 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 authorizedThe 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 requirementsThe 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)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)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)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
accountabilityA 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 wiaSubject 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)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)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)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.
.