[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3611 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3611

  To amend the Workforce Investment Act of 1998 to increase business 
engagement and improve training opportunities for occupations that are 
           in-demand in order to get Americans back to work.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 8, 2011

 Mr. Heck (for himself, Ms. Foxx, Mr. Roe of Tennessee, Mr. Hanna, Mr. 
Gowdy, and Mr. Kelly) introduced the following bill; which was referred 
            to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
  To amend the Workforce Investment Act of 1998 to increase business 
engagement and improve training opportunities for occupations that are 
           in-demand in order to get Americans back to work.

    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 ``Local Job Opportunities and Business 
Success Act of 2011''.

SEC. 2. DEFINITION OF INDUSTRY OR SECTOR PARTNERSHIP.

    Section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 
2801) is amended--
            (1) by redesignating paragraphs (18) through (53) as 
        paragraphs (19) through (54), respectively; and
            (2) by inserting after paragraph (17) the following:
            ``(18) Industry or sector partnership.--The term `industry 
        or sector partnership' means a partnership of a State or local 
        board and one or more industries and other entities that can 
        help determine the immediate and long-term skilled workforce 
        needs of in-demand industries and other occupations important 
        to the State or local economy.''.

SEC. 3. FUNCTIONS OF THE LOCAL BOARD.

    Section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 
2832) is amended--
            (1) in subsection (b)--
                    (A) in subparagraph (A) of paragraph (2)--
                            (i) by striking ``include--'' and all that 
                        follows through ``representatives'' and 
                        inserting ``include representatives'';
                            (ii) by striking clauses (ii) through (vi);
                            (iii) by redesignating subclauses (I) 
                        through (III) as clauses (i) through (iii), 
                        respectively;
                            (iv) by striking clause (ii) (as so 
                        redesignated) and inserting the following:
                            ``(ii) represent businesses, including 
                        large and small businesses, with immediate and 
                        long-term employment opportunities in in-demand 
                        industries and other occupations important to 
                        the local economy; and''; and
                            (v) by striking the semicolon at the end of 
                        clause (iii) (as so redesignated) and inserting 
                        ``; and''; and
                    (B) in paragraph (4), by striking ``A majority'' 
                and inserting ``A \2/3\ majority'';
            (2) by amending subsection (d) to read as follows:
    ``(d) Functions of Local Board.--The functions of the local board 
shall include the following:
            ``(1) Local plan.--Consistent with section 118, each local 
        board, in partnership with the chief elected official for the 
        local area involved, shall develop and submit a local plan to 
        the Governor.
            ``(2) Workforce research and regional labor market 
        analysis.--
                    ``(A) In general.--The local board shall--
                            ``(i) conduct, and regularly update, an 
                        analysis of--
                                    ``(I) the economic conditions in 
                                the local area;
                                    ``(II) the immediate and long-term 
                                skilled workforce needs of in-demand 
                                industries and other occupations 
                                important to the local economy;
                                    ``(III) the knowledge and skills of 
                                the workforce in the local area; and
                                    ``(IV) workforce development 
                                activities (including education and 
                                training) in the local area; and
                            ``(ii) assist the Governor in developing 
                        the statewide workforce and labor market 
                        information system described in section 15(e) 
                        of the Wagner-Peyser Act.
                    ``(B) Existing analysis.--A local board may use 
                existing analysis by the local economic development 
                agency or related entity in order to carry out 
                requirements of subparagraph (A)(i).
            ``(3) Employer engagement.--The local board shall lead 
        efforts to engage employers in the local area, including small 
        employers and employers in in-demand industries and occupations 
        important to the local economy, including by--
                    ``(A) ensuring that workforce investment activities 
                meet the needs of employers and support economic growth 
                in the local area, by enhancing communication, 
                coordination, and collaboration among employers, 
                economic development entities, and service providers;
                    ``(B) developing effective linkages (including the 
                use of intermediaries) with employers in the local area 
                to support employer utilization of the local workforce 
                development system and to support local workforce 
                investment activities; and
                    ``(C) developing and implementing industry or 
                sector partnerships that lead to collaborative 
                planning, resource alignment, and training efforts 
                across multiple firms to address the immediate and 
                long-term skilled workforce needs of in-demand 
                industries and other occupations important to the local 
                economy and to address critical skill gaps within and 
                across industries.
            ``(4) Budget and administration.--
                    ``(A) Budget.--
                            ``(i) In general.--The local board shall 
                        develop a budget for the activities of the 
                        local board in the local area, consistent with 
                        the requirements of this subsection.
                            ``(ii) Training reservation.--In developing 
                        a budget under clause (i), the local board 
                        shall reserve a percentage of funds to carry 
                        out the activities specified in section 
                        134(d)(4). The local board shall use the 
                        analysis conducted under paragraph (2)(A)(i) to 
                        determine the appropriate percentage to reserve 
                        under this clause.
                    ``(B) Administration.--
                            ``(i) Grant recipient.--
                                    ``(I) In general.--The chief 
                                elected official in a local area shall 
                                serve as the local grant recipient for, 
                                and shall be liable for any misuse of, 
                                the grant funds allocated to the local 
                                area under sections 128 and 133, unless 
                                the chief elected official reaches an 
                                agreement with the Governor for the 
                                Governor to act as the local grant 
                                recipient and bear such liability.
                                    ``(II) Designation.--In order to 
                                assist in administration of the grant 
                                funds, the chief elected official or 
                                the Governor, where the Governor serves 
                                as the local grant recipient for a 
                                local area, may designate an entity to 
                                serve as a local grant subrecipient for 
                                such funds or as a local fiscal agent. 
                                Such designation shall not relieve the 
                                chief elected official or the Governor 
                                of the liability for any misuse of 
                                grant funds as described in subclause 
                                (I).
                                    ``(III) Disbursal.--The local grant 
                                recipient or an entity designated under 
                                subclause (II) shall disburse the grant 
                                funds for workforce investment 
                                activities at the direction of the 
                                local board, pursuant to the 
                                requirements of this title. The local 
                                grant recipient or entity designated 
                                under subclause (II) shall disburse the 
                                funds immediately on receiving such 
                                direction from the local board.
                            ``(ii) Staff.--The local board may employ 
                        staff to assist in carrying out the functions 
                        described in this subsection.
                            ``(iii) Grants and donations.--The local 
                        board may solicit and accept grants and 
                        donations from sources other than Federal funds 
                        made available under this Act.
            ``(5) Selection of operators and providers.--
                    ``(A) Selection of one-stop operators.--Consistent 
                with section 121(d), the local board, with the 
                agreement of the chief elected official--
                            ``(i) shall designate or certify one-stop 
                        operators as described in section 121(d)(2)(A); 
                        and
                            ``(ii) may terminate for cause the 
                        eligibility of such operators.
                    ``(B) Identification of eligible service 
                providers.--Consistent with this subtitle, the local 
                board shall identify eligible service providers, 
                including providers of services described in section 
                134(d)(4), in the local area.
            ``(6) Program oversight.--The local board, in partnership 
        with the chief elected official, shall be responsible for--
                    ``(A) conducting oversight for local employment and 
                training activities authorized under section 134(d);
                    ``(B) conducting oversight of the one-stop delivery 
                system in the local area authorized under section 121; 
                and
                    ``(C) ensuring the appropriate use and management 
                of the funds provided for such activities under this 
                title.
            ``(7) Negotiation of local performance measures.--The local 
        board, the chief elected official, and the Governor shall 
        negotiate and reach agreement on local performance measures as 
        described in section 136(c).
            ``(8) Technology improvements.--The local board shall 
        develop strategies for technology improvements to facilitate 
        access to services authorized under this subtitle and carried 
        out in the local area, including in remote areas.'';
            (3) in subsection (e)--
                    (A) by inserting ``electronic means and'' after 
                ``regular basis through''; and
                    (B) by striking ``and the award of grants or 
                contracts to eligible providers of youth activities,'';
            (4) by striking subsection (h) and redesignating subsection 
        (i) as subsection (h); and
            (5) in subsection (i) (as so redesignated), by striking 
        ``and paragraphs (1) and (2) of subsection (h)'' each place it 
        appears.

SEC. 4. CONTENTS OF THE LOCAL PLAN.

    Section 118(b) of the Workforce Investment Act of 1998 (29 U.S.C. 
2832(b)) is amended to read as follows:
    ``(b) Contents.--The local plan shall include--
            ``(1) a description of the analysis of the local area's 
        economic and workforce conditions conducted under section 
        117(d)(2)(A)(i), and an assurance that the local board will use 
        such analysis to carry out the activities under this subtitle;
            ``(2) a description of the one-stop delivery system in the 
        local area, including--
                    ``(A) a description of how the local board will 
                ensure the continuous improvement of eligible providers 
                of services through the system and ensure that such 
                providers meet the employment needs of local employers 
                and participants; and
                    ``(B) a description of how the local board will 
                facilitate access to services provided through the one-
                stop delivery system consistent with section 117(d)(8);
            ``(3) a description of the strategies and services that 
        will be used in the local area--
                    ``(A) to more fully engage employers, including 
                small employers and employers in in-demand industries 
                and occupations important to the local economy;
                    ``(B) to meet the needs of businesses in the local 
                area; and
                    ``(C) to better coordinate workforce development 
                programs with economic development;
            ``(4) a description of how the local board will convene (or 
        help to convene) industry or sector partnerships that lead to 
        collaborative planning, resource alignment, and training 
        efforts across multiple firms for a range of workers employed 
        or potentially employed by a targeted industry cluster--
                    ``(A) to encourage industry growth and 
                competitiveness and to improve worker training, 
                retention, and advancement in targeted industry 
                clusters;
                    ``(B) to address the immediate and long-term 
                skilled workforce needs of in-demand industries and 
                other occupations important to the local economy, and
                    ``(C) to address critical skill gaps within and 
                across industries;
            ``(5) a description of how the funds reserved under section 
        117(d)(4)(A)(ii) will be used to carry out activities described 
        in section 134(d)(4);
            ``(6) a description of how the local board will coordinate 
        workforce investment activities carried out in the local area 
        with statewide activities, as appropriate;
            ``(7) a description of how the local area will--
                    ``(A) coordinate activities with the local area's 
                disability community to make available comprehensive, 
                high-quality services to individuals with disabilities;
                    ``(B) consistent with section 188 and Executive 
                Order 13217 (42 U.S.C. 12131 note), serve the 
                employment and training needs of individuals with 
                disabilities; and
                    ``(C) consistent with sections 504 and 508 of the 
                Rehabilitation Act of 1973, include the provision of 
                outreach, intake, assessments, and service delivery, 
                the development of performance measures, the training 
                of staff, and other aspects of accessibility to 
                programs and services under this subtitle;
            ``(8) a description of the local levels of performance 
        negotiated with the Governor and chief elected official 
        pursuant to section 136(c), to be--
                    ``(A) used to measure the performance of the local 
                area; and
                    ``(B) used by the local board for measuring 
                performance of the local fiscal agent (where 
                appropriate), eligible providers, and the one-stop 
                delivery system, in the local area;
            ``(9) a description of the process used by the local board, 
        consistent with subsection (c), to provide an opportunity for 
        public comment prior to submission of the plan;
            ``(10) an identification of the entity responsible for the 
        disbursal of grant funds described in subclause (III) of 
        section 117(d)(4)(B)(i), as determined by the chief elected 
        official or the Governor under such section; and
            ``(11) such other information as the Governor may 
        require.''.
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