Short title

This Act may be cited as the

Local Job Opportunities and Business Success Act of 2011

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.

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.

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.