29 U.S.C. § 3111 — State workforce development boards

Page 828 TITLE 29—LABOR § 3111 Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, known as the Workforce Innova- tion and Opportunity Act, which enacted this chapter, repealed chapter 30 (§ 2801 et seq.) of this title and chap- ter 73 (§ 9201 et seq.) of Title 20, Education, and made amendments to numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. The National Apprenticeship Act, referred to in par. (7)(B), is act Aug. 16, 1937, ch. 663, 50 Stat. 664, which is classified generally to chapter 4C (§ 50 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 50 of this title and Tables. The Wagner-Peyser Act, referred to in par. (13)(C), is act June 6, 1933, ch. 49, 48 Stat. 113, which is classified generally to chapter 4B (§ 49 et seq.) of this title. Sec- tions 1 to 13 of the Act are classified to sections 49 to 49c, 49d, and 49e to 49l of this title, respectively. For complete classification of this Act to the Code, see Short Title note set out under section 49 of this title and Tables. The Rehabilitation Act of 1973, referred to in par. (13)(D), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355. Title I of the Act is classified generally to subchapter I (§ 720 et seq.) of chapter 16 of this title. Part C of title I of the Act is classified generally to part C (§ 741) of subchapter I of chapter 16 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 701 of this title and Tables. The Social Security Act, referred to in pars. (24)(K) and (36)(A)(i), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part A of title IV of the Act is classified generally to part A (§ 601 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. Title XVI of the Act is classified generally to subchapter XVI (§ 1381 et seq.) of chapter 7 of Title 42. For complete classifica- tion of this Act to the Code, see section 1305 of Title 42 and Tables. The Food and Nutrition Act of 2008, referred to in par. (36)(A)(i), is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to chapter 51 (§ 2011 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 7 and Tables. The Richard B. Russell National School Lunch Act, referred to in par. (36)(A)(iv), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§ 1751 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of Title 42 and Tables. AMENDMENTS 2015—Pars. (34), (55). Pub. L. 114–95 made technical amendments to references in original act which appear in text as references to section 7801 of title 20. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. SUBCHAPTER I—WORKFORCE DEVELOPMENT ACTIVITIES PART A—SYSTEM ALIGNMENT SUBPART 1—STATE PROVISIONS § 3111. State workforce development boards (a) In general The Governor of a State shall establish a State workforce development board to carry out the functions described in subsection (d). (b) Membership (1) In general The State board shall include— (A) the Governor; (B) a member of each chamber of the State legislature (to the extent consistent with State law), appointed by the appropriate presiding officers of such chamber; and (C) members appointed by the Governor, of which— (i) a majority shall be representatives of businesses in the State, who— (I) are owners of businesses, chief ex- ecutives or operating officers of busi- nesses, or other business executives or employers with optimum policymaking or hiring authority, and who, in addi- tion, may be members of a local board described in section 3122(b)(2)(A)(i) of this title; (II) represent businesses (including small businesses), or organizations rep- resenting businesses described in this subclause, that provide employment op- portunities that, at a minimum, include high-quality, work-relevant training and development in in-demand industry sec- tors or occupations in the State; and (III) are appointed from among individ- uals nominated by State business organi- zations and business trade associations; (ii) not less than 20 percent shall be rep- resentatives of the workforce within the State, who— (I) shall include representatives of labor organizations, who have been nom- inated by State labor federations; (II) shall include a representative, who shall be a member of a labor organiza- tion or a training director, from a joint labor-management apprenticeship pro- gram, or if no such joint program exists in the State, such a representative of an apprenticeship program in the State; (III) may include representatives of community-based organizations that have demonstrated experience and exper- tise in addressing the employment, training, or education needs of individ- uals with barriers to employment, in- cluding organizations that serve vet- erans or that provide or support com- petitive, integrated employment for in- dividuals with disabilities; and (IV) may include representatives of or- ganizations that have demonstrated ex- perience and expertise in addressing the Page 829 TITLE 29—LABOR § 3111 employment, training, or education needs of eligible youth, including rep- resentatives of organizations that serve out-of-school youth; and (iii) the balance— (I) shall include representatives of gov- ernment, who— (aa) shall include the lead State offi- cials with primary responsibility for the core programs; and (bb) shall include chief elected offi- cials (collectively representing both cities and counties, where appro- priate); and (II) may include such other representa- tives and officials as the Governor may designate, such as— (aa) the State agency officials from agencies that are one-stop partners not specified in subclause (I) (including ad- ditional one-stop partners whose pro- grams are covered by the State plan, if any); (bb) State agency officials respon- sible for economic development or ju- venile justice programs in the State; (cc) individuals who represent an In- dian tribe or tribal organization, as such terms are defined in section 3221(b) of this title; and (dd) State agency officials respon- sible for education programs in the State, including chief executive offi- cers of community colleges and other institutions of higher education. (2) Diverse and distinct representation The members of the State board shall rep- resent diverse geographic areas of the State, including urban, rural, and suburban areas. (3) No representation of multiple categories No person shall serve as a member for more than 1 of— (A) the category described in paragraph (1)(C)(i); or (B) 1 category described in a subclause of clause (ii) or (iii) of paragraph (1)(C). (c) Chairperson The Governor shall select a chairperson for the State board from among the representatives described in subsection (b)(1)(C)(i). (d) Functions The State board shall assist the Governor in— (1) the development, implementation, and modification of the State plan; (2) consistent with paragraph (1), the review of statewide policies, of statewide programs, and of recommendations on actions that should be taken by the State to align work- force development programs in the State in a manner that supports a comprehensive and streamlined workforce development system in the State, including the review and provision of comments on the State plans, if any, for programs and activities of one-stop partners that are not core programs; (3) the development and continuous improve- ment of the workforce development system in the State, including— (A) the identification of barriers and means for removing barriers to better co- ordinate, align, and avoid duplication among the programs and activities carried out through the system; (B) the development of strategies to sup- port the use of career pathways for the pur- pose of providing individuals, including low- skilled adults, youth, and individuals with barriers to employment (including individ- uals with disabilities), with workforce in- vestment activities, education, and sup- portive services to enter or retain employ- ment; (C) the development of strategies for pro- viding effective outreach to and improved access for individuals and employers who could benefit from services provided through the workforce development system; (D) the development and expansion of strategies for meeting the needs of employ- ers, workers, and jobseekers, particularly through industry or sector partnerships re- lated to in-demand industry sectors and oc- cupations; (E) the identification of regions, including planning regions, for the purposes of section 3121(a) of this title, and the designation of local areas under section 3121 of this title, after consultation with local boards and chief elected officials; (F) the development and continuous im- provement of the one-stop delivery system in local areas, including providing assistance to local boards, one-stop operators, one-stop partners, and providers with planning and delivering services, including training serv- ices and supportive services, to support ef- fective delivery of services to workers, job- seekers, and employers; and (G) the development of strategies to sup- port staff training and awareness across pro- grams supported under the workforce devel- opment system; (4) the development and updating of com- prehensive State performance accountability measures, including State adjusted levels of performance, to assess the effectiveness of the core programs in the State as required under section 3141(b) of this title; (5) the identification and dissemination of information on best practices, including best practices for— (A) the effective operation of one-stop cen- ters, relating to the use of business out- reach, partnerships, and service delivery strategies, including strategies for serving individuals with barriers to employment; (B) the development of effective local boards, which may include information on factors that contribute to enabling local boards to exceed negotiated local levels of performance, sustain fiscal integrity, and achieve other measures of effectiveness; and (C) effective training programs that re- spond to real-time labor market analysis, that effectively use direct assessment and prior learning assessment to measure an in- dividual’s prior knowledge, skills, com- petencies, and experiences, and that evalu- ate such skills, and competencies for adapt- Page 830 TITLE 29—LABOR § 3111 ability, to support efficient placement into employment or career pathways; (6) the development and review of statewide policies affecting the coordinated provision of services through the State’s one-stop delivery system described in section 3151(e) of this title, including the development of— (A) objective criteria and procedures for use by local boards in assessing the effec- tiveness and continuous improvement of one-stop centers described in such section; (B) guidance for the allocation of one-stop center infrastructure funds under section 3151(h) of this title; and (C) policies relating to the appropriate roles and contributions of entities carrying out one-stop partner programs within the one-stop delivery system, including ap- proaches to facilitating equitable and effi- cient cost allocation in such system; (7) the development of strategies for techno- logical improvements to facilitate access to, and improve the quality of, services and ac- tivities provided through the one-stop delivery system, including such improvements to— (A) enhance digital literacy skills (as de- fined in section 9101 of title 20; referred to in this Act as ‘‘digital literacy skills’’); (B) accelerate the acquisition of skills and recognized postsecondary credentials by par- ticipants; (C) strengthen the professional develop- ment of providers and workforce profes- sionals; and (D) ensure such technology is accessible to individuals with disabilities and individuals residing in remote areas; (8) the development of strategies for aligning technology and data systems across one-stop partner programs to enhance service delivery and improve efficiencies in reporting on per- formance accountability measures (including the design and implementation of common in- take, data collection, case management infor- mation, and performance accountability meas- urement and reporting processes and the in- corporation of local input into such design and implementation, to improve coordination of services across one-stop partner programs); (9) the development of allocation formulas for the distribution of funds for employment and training activities for adults, and youth workforce investment activities, to local areas as permitted under sections 3163(b)(3) and 3173(b)(3) of this title; (10) the preparation of the annual reports de- scribed in paragraphs (1) and (2) of section 3141(d) of this title; (11) the development of the statewide work- force and labor market information system de- scribed in section 49l–2(e) of this title; and (12) the development of such other policies as may promote statewide objectives for, and enhance the performance of, the workforce de- velopment system in the State. (e) Alternative entity (1) In general For the purposes of complying with sub- sections (a), (b), and (c), a State may use any State entity (including a State council, State workforce development board (within the meaning of the Workforce Investment Act of 1998, as in effect on the day before July 22, 2014), combination of regional workforce devel- opment boards, or similar entity) that— (A) was in existence on the day before Au- gust 7, 1998; (B) is substantially similar to the State board described in subsections (a) through (c); and (C) includes representatives of business in the State and representatives of labor orga- nizations in the State. (2) References A reference in this Act, or a core program provision that is not in this Act, to a State board shall be considered to include such an entity. (f) Conflict of interest A member of a State board may not— (1) vote on a matter under consideration by the State board— (A) regarding the provision of services by such member (or by an entity that such member represents); or (B) that would provide direct financial benefit to such member or the immediate family of such member; or (2) engage in any other activity determined by the Governor to constitute a conflict of in- terest as specified in the State plan. (g) Sunshine provision The State board shall make available to the public, on a regular basis through electronic means and open meetings, information regard- ing the activities of the State board, including information regarding the State plan, or a modi- fication to the State plan, prior to submission of the plan or modification of the plan, respec- tively, information regarding membership, and, on request, minutes of formal meetings of the State board. (h) Authority to hire staff (1) In general The State board may hire a director and other staff to assist in carrying out the func- tions described in subsection (d) using funds available as described in section 3164(b)(3) of this title or 3174(a)(3)(B)(i) of this title. (2) Qualifications The State board shall establish and apply a set of objective qualifications for the position of director, that ensures that the individual selected has the requisite knowledge, skills, and abilities, to meet identified benchmarks and to assist in effectively carrying out the functions of the State board. (3) Limitation on rate The director and staff described in para- graph (1) shall be subject to the limitations on the payment of salary and bonuses described in section 3254(15) of this title. (Pub. L. 113–128, title I, § 101, July 22, 2014, 128 Stat. 1440.) Page 831 TITLE 29—LABOR § 3112 Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (d)(7)(A) and (e)(2), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, known as the Workforce Innovation and Opportunity Act, which enacted this chapter, repealed chapter 30 (§ 2801 et seq.) of this title and chapter 73 (§ 9201 et seq.) of Title 20, Education, and made amendments to numerous other sections and notes in the Code. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. The Workforce Investment Act of 1998, referred to in subsec. (e)(1), is Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936, and was repealed by Pub. L. 113–128, title V, §§ 506, 511(a), July 22, 2014, 128 Stat. 1703, 1705, effective July 1, 2015. For complete classification of this Act to the Code, see Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. TELECOMMUNICATIONS WORKFORCE GUIDANCE Pub. L. 117–58, div. F, title VI, § 60603, Nov. 15, 2021, 135 Stat. 1249, provided that: ‘‘Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021], the Secretary of Labor, in partnership with the Chairman of the Federal Communications Commission, shall es- tablish and issue guidance on how States can address the workforce needs and safety of the telecommuni- cations industry, including guidance on how a State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111) can— ‘‘(1) utilize Federal resources available to States to meet the workforce needs of the telecommunications industry; ‘‘(2) promote and improve recruitment in workforce development programs in the telecommunications in- dustry; and ‘‘(3) ensure the safety of the telecommunications workforce, including tower climbers.’’ § 3112. Unified State plan (a) Plan For a State to be eligible to receive allot- ments for the core programs, the Governor shall submit to the Secretary of Labor for the ap- proval process described under subsection (c)(2), a unified State plan. The unified State plan shall outline a 4-year strategy for the core pro- grams of the State and meet the requirements of this section. (b) Contents (1) Strategic planning elements The unified State plan shall include stra- tegic planning elements consisting of a stra- tegic vision and goals for preparing an edu- cated and skilled workforce, that include— (A) an analysis of the economic conditions in the State, including— (i) existing and emerging in-demand in- dustry sectors and occupations; and (ii) the employment needs of employers, including a description of the knowledge, skills, and abilities, needed in those indus- tries and occupations; (B) an analysis of the current workforce, employment and unemployment data, labor market trends, and the educational and skill levels of the workforce, including individ- uals with barriers to employment (including individuals with disabilities), in the State; (C) an analysis of the workforce develop- ment activities (including education and training) in the State, including an analysis of the strengths and weaknesses of such ac- tivities, and the capacity of State entities to provide such activities, in order to address the identified education and skill needs of the workforce and the employment needs of employers in the State; (D) a description of the State’s strategic vision and goals for preparing an educated and skilled workforce (including preparing youth and individuals with barriers to em- ployment) and for meeting the skilled work- force needs of employers, including goals re- lating to performance accountability meas- ures based on primary indicators of perform- ance described in section 3141(b)(2)(A) of this title, in order to support economic growth and economic self-sufficiency, and of how the State will assess the overall effective- ness of the workforce investment system in the State; and (E) taking into account analyses described in subparagraphs (A) through (C), a strategy for aligning the core programs, as well as other resources available to the State, to achieve the strategic vision and goals de- scribed in subparagraph (D). (2) Operational planning elements (A) In general The unified State plan shall include the operational planning elements contained in this paragraph, which shall support the strategy described in paragraph (1)(E), in- cluding a description of how the State board will implement the functions under section 3111(d) of this title. (B) Implementation of State strategy The unified State plan shall describe how the lead State agency with responsibility for the administration of a core program will implement the strategy described in para- graph (1)(E), including a description of— (i) the activities that will be funded by the entities carrying out the respective core programs to implement the strategy and how such activities will be aligned across the programs and among the enti- ties administering the programs, including using co-enrollment and other strategies; (ii) how the activities described in clause (i) will be aligned with activities provided under employment, training, education, including career and technical education, and human services programs not covered by the plan, as appropriate, assuring co- ordination of, and avoiding duplication among, the activities referred to in this clause; (iii) how the entities carrying out the re- spective core programs will coordinate ac- tivities and provide comprehensive, high- quality services including supportive serv- ices, to individuals;