PRINTER'S NO. 4176
No. 2778 Session of 2002
INTRODUCED BY TULLI, FLICK, PERZEL, MANN, BOYES, CAPPELLI,
BISHOP, L. I. COHEN, COSTA, J. EVANS, GEORGE, HENNESSEY,
LAUGHLIN, LEDERER, MELIO, PRESTON, RUBLEY, J. TAYLOR, TRELLO,
YOUNGBLOOD AND E. Z. TAYLOR, JUNE 28, 2002
REFERRED TO COMMITTEE ON COMMERCE AND ECONOMIC DEVELOPMENT,
JUNE 28, 2002
AN ACT
1 Amending the act of December 18, 2001 (P.L.949, No.114),
2 entitled "An act establishing a unified workforce investment
3 system; restructuring certain administrative functions,
4 procedures and entities; transferring workforce development
5 functions of Commonwealth agencies; establishing the
6 Pennsylvania Workforce Investment Board; providing for
7 critical job training grants; and authorizing local workforce
8 investment boards," further providing for definitions, for
9 staff and operations and for critical job training grants;
10 providing for State and local workforce development TAP
11 scholarship accounts; and further providing for the
12 expiration of the act.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. The title of the act of December 18, 2001
16 (P.L.949, No.114), known as the Workforce Development Act, is
17 amended to read:
18 AN ACT
19 Establishing a unified workforce investment system;
20 restructuring certain administrative functions, procedures
21 and entities; transferring workforce development functions of
1 Commonwealth agencies; establishing the Pennsylvania
2 Workforce Investment Board; providing for critical job
3 training grants and for State and local workforce development
4 TAP scholarship accounts; and authorizing local workforce
5 investment boards.
6 Section 2. Section 102(4) of the act is amended to read:
7 Section 102. Declaration of policy.
8 The General Assembly finds and declares as follows:
9 * * *
10 (4) Achievement of a world-class workforce in this
11 Commonwealth is best accomplished through a unified system
12 which is dedicated to and operates in adherence with the
13 following basic philosophy and core values:
14 (i) Economic competitiveness based on improvements
15 in productivity, quality and service.
16 (ii) Excellence and informed choice in education,
17 training opportunities, workplace preparation and career
18 decision making for eligible youth and adults.
19 (iii) A strong work ethic, mutual respect, a
20 commitment to lifelong learning and the valuing of all
21 workers and their work.
22 (iv) Stewardship of public resources, emphasizing
23 private sector solutions to workforce investment goals
24 supplemented by public/private partnerships and limited
25 government involvement when necessary.
26 (v) The highest-quality delivery of market-driven
27 services which are readily identifiable and easily
28 accessible and which consider the abilities and work-
29 support needs of a diverse population.
30 (vi) Continuous quality improvement through
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1 cooperation and collaboration among all who participate
2 in the unified system in order for individuals to earn
3 family-sustaining wages for economic self-sufficiency.
4 * * *
5 Section 3. The definitions of "certification" and "workforce
6 development" in section 103 of the act are amended and the
7 section is amended by adding definitions to read:
8 Section 103. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 * * *
13 "Certification." An approval issued by the Governor, upon
14 recommendation by the board, to a local workforce investment
15 board which satisfies the eligibility requirements established
16 by the Governor, upon recommendation by the board.
17 * * *
18 "Commonwealth workforce development TAP scholarship
19 accounts." Accounts to be used for workforce development
20 training established by the Chief Operating Officer of the
21 Pennsylvania Workforce Investment Board in consultation with the
22 Pennsylvania Workforce Investment Board under the act of April
23 3, 1992 (P.L.28, No.11), known as the tuition account programs
24 and College Savings Bond Act, and the Department of Treasury's
25 operation of the tuition account program pursuant to that act.
26 * * *
27 "Local workforce development TAP scholarship accounts."
28 Accounts to be used for workforce development training
29 established by one or more local workforce investment boards
30 under the act of April 3, 1992 (P.L.28, No.11), known as the
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1 Tuition Account Programs and College Savings Bond Act, and the
2 Department of Treasury's operation of the tuition account
3 program pursuant to that act.
4 * * *
5 "Workforce development." Information access and lifelong
6 learning activities. The term includes vocational education
7 programs; programs in community colleges and postsecondary
8 education institutions authorized to grant diplomas and
9 certificates, specialized associate, associate, baccalaureate
10 and advanced degrees; and transitional support and work support
11 services or activities which enable customers to engage in or
12 prepare for employment opportunities.
13 * * *
14 Section 4. Sections 301 and 302(f) of the act are amended to
15 read:
16 Section 301. Establishment.
17 The Pennsylvania Workforce Investment Board is established to
18 advise and assist the Governor and the General Assembly on the
19 implementation of a unified system to assure a well-educated,
20 highly skilled workforce. The board is responsible for unifying
21 the Commonwealth's existing Federal and State workforce
22 investment programs into an integrated system[.] and operating
23 such workforce development programming as directed by the
24 Governor or established by law. All recommendations of the board
25 shall be in compliance with the Workforce Investment Act of 1998
26 (Public Law 105-220, 112 Stat. 936).
27 Section 302. Membership.
28 * * *
29 (f) Executive committee.--An executive committee that
30 includes representation from the private sector may be
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1 established and authorized under the board to [oversee and
2 monitor the unified system] fulfill the board's
3 responsibilities. The organization framework may utilize
4 existing staff structure or develop its own staffing
5 arrangement.
6 * * *
7 Section 5. The act is amended by adding a section to read:
8 Section 304. Staff.
9 The Governor shall appoint a Chief Operating Officer for the
10 board.
11 (1) The Chief Operating Officer shall report to the
12 Governor and shall be the chief workforce development advisor
13 to the Governor.
14 (2) The Chief Operating Officer shall have the
15 responsibility to implement programs as directed by the
16 Governor and provided by law, and to work with the
17 participating agencies to coordinate funding, programs and
18 services within the unified system.
19 (3) The Chief Operating Officer shall employ a limited
20 staff, with the approval of the Governor, to carry out the
21 responsibilities of, and to implement the recommendations of
22 the board. The budget shall be included in the appropriation
23 request of the Department of Labor and Industry which shall
24 also provide legal services to the board.
25 (4) The Chief Operating Officer shall make
26 recommendations to the Governor and the participating
27 agencies on the coordination and implementation of community
28 college and workforce development services. He shall work
29 with the community colleges to establish partnerships and to
30 integrate their programming with the workforce investment
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1 system.
2 (5) The Chief Operating Officer shall make
3 recommendations to the Governor and the participating
4 agencies for changes to Federal and State laws, regulations
5 and policies that will improve cooperation and collaboration
6 among the participating agencies in the delivery of workforce
7 development services and programs.
8 (6) The Chief Operating Officer shall represent the
9 board at such times and places as determined by the board.
10 (7) The Chief Operating Officer shall serve as the
11 primary liaison with the Federal Government on workforce
12 development issues.
13 Section 6. Section 304 of the act is renumbered and amended
14 to read:
15 Section [304] 305. Plan, functions and responsibilities.
16 The board, in furtherance of section 102, shall advise and
17 assist the Governor on all of the following:
18 (1) Development and adoption of and adherence to,
19 throughout the unified system, standards, principles,
20 policies, goals, financial resource investment priorities and
21 strategies for workforce investment to maintain continuously
22 a competitive advantage for this Commonwealth.
23 (2) Monitoring and assuring collaboration of the
24 investment of all funds specifically appropriated by the
25 Federal Government and designated by the Governor or funds
26 specifically appropriated by State government for workforce
27 investment under any Federal or State statute.
28 (3) Assuring that no funds designated for Statewide
29 youth activities are used to develop or implement education
30 curricula for school districts.
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1 (4) Examination of Federal and State statutes and
2 regulations to assess whether they present barriers to
3 achieving the provisions of this act and to recommend to the
4 Federal Government, the Governor and the General Assembly
5 amendments to statutes and regulations and waivers of
6 regulations to eliminate barriers and to promote the
7 provisions of this act.
8 (5) Development and dissemination of appropriate and
9 necessary research and statistical information, to set the
10 requisite protocols and standards for common data reference,
11 to engage in or sponsor studies to identify unified system
12 needs and to gather and disseminate information.
13 (6) Establishment of and adherence to performance-based
14 quality assurance standards designed to optimize unified
15 system function, performance and effectiveness.
16 (7) Evaluation of the unified workforce investment plans
17 submitted by local workforce investment boards consistent
18 with local plan requirements developed by the board.
19 (8) Implementation of mechanisms to secure appropriate
20 input from local workforce investment boards in the
21 development of policies, local performance measures or
22 investment strategies.
23 (9) Establishment and maintenance of a universally
24 accessible information access system which enables the
25 unified system to function and serve its customers
26 effectively.
27 (10) Contracting or developing written agreements or
28 memoranda of understanding with participating agencies for
29 the administration and management of workforce investment
30 programs and activities under the responsibility of the
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1 board.
2 (11) Providing technical assistance to local workforce
3 investment boards to assist them in maximizing the investment
4 of public money.
5 (12) Setting the criteria for unified system and service
6 provider participation and developing a systemwide marketing
7 program.
8 (13) Recommending certification or recertification of
9 local workforce investment boards by giving consideration to
10 all of the following:
11 (i) The proposed local workforce investment board's
12 leadership system and its capability to effectively
13 monitor and assure collaboration of workforce investment
14 programs.
15 (ii) The portion of the labor market or geographical
16 area to be served by the proposed local workforce
17 investment board.
18 (14) Recommending necessary action if a local workforce
19 investment board fails to act, acts improperly or fails to
20 meet the conditions of its unified local workforce investment
21 plan in which Federal or State funds have been invested.
22 (15) Recognition of the potential of citizens, employers
23 and communities in this Commonwealth by affirming the
24 continued existence and independence of all current funding
25 streams and programs for persons with disabilities while
26 ensuring that employment-related programs for individuals
27 with disabilities operate efficiently.
28 (16) Assessment of the economic and workforce needs of
29 this Commonwealth and to develop the unified system to build
30 on available services and resources to effectively meet these
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1 Statewide needs.
2 (17) Establishing cooperative and collaborative
3 relationships with other states' unified system governing
4 bodies.
5 (18) Assuring the implementation of Federal and State
6 statutory mandates which fall within the purview of the
7 unified system.
8 (19) Establishing standards for the use of Federal
9 funding for training services and policies for a local
10 workforce investment board to meet the standards.
11 [(19)] (20) Compilation of an annual report which shall
12 be submitted to the General Assembly, the Secretary of the
13 Senate and the Chief Clerk of the House of Representatives by
14 March 1 and which shall include all of the following:
15 (i) A detailed explanation of the performance
16 measures used and how the performance measures were
17 developed.
18 (ii) An explanation of the process used to achieve
19 continuous improvement of workforce investment
20 activities.
21 (iii) The anticipated course of actions to be taken
22 by the board to encourage continuous improvement in the
23 unified system.
24 (iv) A list of the membership of the board,
25 including name, affiliation, address, telephone number,
26 telefax number and electronic mail address.
27 (v) An explanation of the process used to negotiate
28 levels of local performance.
29 (vi) A list of all certified local workforce
30 investment boards in this Commonwealth, including each
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1 local workforce board's negotiated level of local
2 performance, each local workforce board's level of
3 performance attained and the action taken with respect to
4 any local workforce investment board which failed to meet
5 its negotiated level of local performance.
6 (vii) A copy of the annual report submitted by each
7 local workforce investment board to the board.
8 (viii) An accounting of Federal and State funds
9 expended for workforce investment in the previous fiscal
10 year by line item and program.
11 (21) Operating such workforce development programming as
12 directed by the Governor or provided by law.
13 Section 7. The act is amended by adding a section to read:
14 Section 306. Program operations.
15 (a) Directives.--The board shall operate and establish
16 requirements for such workforce development programming as
17 directed by the Governor or established by law.
18 (b) Studies.--The board is authorized to conduct studies,
19 and to apply for and receive grants from the Federal Government,
20 or any agency thereof, charitable organizations or other
21 entities providing funding and technical assistance for the
22 improvement and operation of workforce development programming.
23 Section 8. Section 305 of the act is renumbered and amended
24 to read:
25 Section [305] 307. State performance measures.
26 (a) General rule.--The board shall establish a comprehensive
27 performance accountability system, including, at a minimum, a
28 focus on all of the following:
29 (1) Entry into unsubsidized employment.
30 (2) Retention in unsubsidized employment six months
20020H2778B4176 - 10 -
1 after entry into the employment.
2 (3) Earnings received in unsubsidized employment six
3 months after entry into the employment.
4 (4) Attainment of a recognized credential relating to
5 achievement of educational skills, including attainment of a
6 secondary school diploma or its recognized equivalent, or
7 occupational skills by participants who enter unsubsidized
8 employment or by participants who are eligible youths between
9 the ages of 19 and 21 and who enter postsecondary education,
10 advanced training or unsubsidized employment.
11 (5) The use of Federal funds for training services.
12 (6) A quality performance guarantee for training
13 programs.
14 (7) Uniform program performance measures.
15 (b) Customer satisfaction.--As an indicator of performance,
16 customer satisfaction shall also be considered. The customer
17 satisfaction indicator of performance shall consist of customer
18 satisfaction of employers and participants with services
19 received from workforce investment activities. Customer
20 satisfaction may be measured through surveys conducted after the
21 conclusion of participation in the workforce investment
22 activities.
23 (c) Quality performance guarantee.--The board shall
24 establish one or more quality performance guarantees for
25 workforce development programming for programs under this act.
26 Provisions may include a guarantee or warranty for the training,
27 passage of a nationally or industry recognized certification
28 exam or a combination thereof. The board shall consult with
29 local workforce investment boards and program providers prior to
30 the adoption of the guarantee provision. The guarantee provision
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1 shall be adopted by the board by June 30, 2003.
2 Section 9. The act is amended by adding a section to read:
3 Section 308. Training services.
4 (a) General rule.--The board shall recommend to the Governor
5 criteria for the use of Federal funds for training services. The
6 criteria established by the Governor shall recommend allocation
7 and expenditure levels for adult and dislocated worker funding
8 under WIA Title I (Public Law 105-220, Title I § 101 et seq.)
9 that should be included by a local workforce investment board in
10 its unified workforce investment plan under section 504. In
11 making the recommendations the board shall address all of the
12 following issues:
13 (1) Shall consider the flexibility needed by local
14 workforce investment boards to deliver core, intensive and
15 training services in ways that can best serve both State and
16 local workforce needs.
17 (2) May establish one or more criteria for the
18 allocation of adult and dislocated worker funds for training
19 services.
20 (3) May establish differing levels for the allocation
21 and expenditure of funds for training services. The levels
22 may be based on: the availability of other training funds,
23 the availability of certified training providers, the
24 unemployment rate of the county and region and other factors
25 as determined by the board for a local workforce investment
26 area.
27 (4) May take into consideration the factors described in
28 paragraphs (1), (2) and (3) in the allocation and expenditure
29 of adult and dislocated worker funding when reviewing the
30 unified workforce investment plan of the local workforce
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1 investment board.
2 (5) May use allocation and expenditure criteria from
3 prior years, to the extent they exist.
4 (6) May use population changes and changes to the
5 workforce in the local workforce investment area in the last
6 five to ten years.
7 (b) Consultation.--The board shall discuss the criteria and
8 the allocation and expenditure levels of adult and dislocated
9 worker funds for training services with local workforce
10 investment boards prior to establishing the criteria and an
11 allocation of funds.
12 Section 10. Sections 501, 502(a) and 504 of the act are
13 amended to read:
14 Section 501. Establishment.
15 (a) Areas and local workforce investment boards.--
16 (1) Local workforce investment areas shall be designated
17 by the Governor through consultation with the board and the
18 chief elected officials and after consideration of comments
19 received through the public comment process. In making the
20 designation of local workforce investment areas, the Governor
21 shall take into consideration the following:
22 (i) Geographic areas served by school entities.
23 (ii) Geographic areas served by postsecondary
24 educational institutions, especially community colleges.
25 (iii) The extent to which such local workforce
26 investment areas are consistent with labor market areas.
27 (iv) The distance that individuals will need to
28 travel to receive services provided in such local
29 workforce investment areas.
30 (v) The resources of such local workforce investment
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1 areas that are available to effectively administer the
2 activities carried out under Federal and State law.
3 (2) Local workforce investment boards shall be
4 established in each local workforce investment area of this
5 Commonwealth, recommended for certification by the board and
6 certified by the Governor, to set policy for the portion of
7 the unified system within that local workforce investment
8 area. The local workforce investment boards shall work in
9 collaboration with the community colleges in establishing
10 workforce development services.
11 (3) No local workforce investment board may conduct
12 business unless it is certified by the Governor.
13 (b) Purpose.--The purpose of each local workforce investment
14 board is to advise and assist the chief elected official in the
15 county or counties served by the local workforce investment
16 board by setting policy to promote effective workforce
17 investment programs in a designated geographic area.
18 (c) [Liability.--The] Administration and liability.--
19 (1) The chief elected official in a local workforce
20 investment area shall serve as the local grant recipient for
21 and shall be liable for any misuse of the grant funds
22 allocated to the local workforce investment area under
23 Federal law or this act.
24 (2) The chief elected official in a local workforce
25 investment area may designate an entity to serve as a local
26 grant subrecipient for such funds or as a local fiscal agent.
27 Such designation shall not relieve the chief elected official
28 of liability for any misuse of grant funds as described in
29 paragraph (1).
30 (3) The local grant recipient or an entity designated
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1 under paragraph (2) shall disburse such funds for workforce
2 investment activities at the direction of the local board,
3 pursuant to the requirements of this act.
4 Section 502. Membership.
5 (a) Composition.--
6 (1) A local workforce investment board appointed by the
7 chief elected official shall be as follows:
8 (i) A majority shall be representatives of business
9 in the local workforce investment area who:
10 (A) are owners of businesses, chief executives
11 or operating officers of businesses and other
12 business executives or employers with optimum
13 policymaking or hiring authority;
14 (B) represent businesses with employment
15 opportunities which reflect the employment
16 opportunities of the local workforce investment area;
17 and
18 (C) are appointed from among individuals
19 nominated by local business organizations and
20 business trade associations.
21 (ii) Representatives of local educational entities,
22 including representatives of local educational agencies,
23 local school boards, entities providing adult education
24 and literacy activities, postsecondary educational
25 institutions and community colleges, selected from among
26 individuals nominated by regional or local educational
27 agencies, institutions or organizations representing such
28 local educational entities.
29 (iii) In a local workforce investment area in which
30 employees are represented by labor organizations,
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1 representatives nominated by local labor federations.
2 (iv) In a local workforce investment area in which
3 no employees are represented by labor organizations,
4 other representatives of employees.
5 (v) Representatives of community-based
6 organizations, which may include organizations
7 representing minorities [and], individuals with
8 disabilities, older workers and veterans, from a local
9 workforce investment area in which such organizations are
10 present.
11 (vi) Representatives of economic development
12 entities.
13 (vii) Representatives of each of the one-stop
14 delivery system partners.
15 (viii) Other individuals or representatives of
16 entities as the chief elected official in the local
17 workforce investment area may determine to be
18 appropriate.
19 (2) Members of the local workforce investment board must
20 be individuals who have optimum policymaking authority within
21 the organizations, agencies or other entities which they
22 represent.
23 (3) The membership shall select a chairperson from the
24 private sector representatives.
25 (4) A local workforce investment board may hire limited
26 staff to implement the decisions of the local workforce
27 investment board.
28 * * *
29 Section 504. Plan, functions and responsibilities.
30 (a) Unified workforce investment plan.--A local workforce
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1 investment board, in partnership with the chief elected official
2 of the county or counties served by the local workforce
3 investment board, shall submit to the Governor for approval a
4 unified workforce investment plan. The unified workforce
5 investment plan shall be developed through a process which
6 includes the opportunity for participation by current and
7 potential customers and service providers and which shall
8 contain, at a minimum, the following:
9 (1) A description of the local workforce investment
10 area's strategic economic and workforce vision and of how the
11 vision will be attained.
12 (2) A description of how the plan supports the
13 Commonwealth's overall mission and goals.
14 (3) An analysis of the local workforce investment area
15 market, including projected growth industries and declining
16 industries.
17 (4) A description of the respective roles of the local
18 elected officials and the local workforce investment board.
19 (5) A description of programs for eligible youth.
20 (6) A description of the local workforce investment
21 area's one-stop delivery system.
22 (7) A description of the services to be provided to all
23 customers.
24 (8) A description of how coordination of workforce
25 development services and investment activities will occur[.],
26 particularly with community colleges serving the local
27 workforce investment area.
28 (9) A description of the allocation and expenditure of
29 adult and dislocated worker funding for training services.
30 (10) A description of the coordination of transportation
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1 services with local transit agencies in order to effectively
2 meet the workforce needs of customers and the region.
3 [(9)] (11) If appropriate, a description of a regional
4 strategic component to the local plan.
5 [(10)] (12) If available, an analysis of regional market
6 trends.
7 (b) Functions and responsibilities.--A local workforce
8 investment board, in order to develop and implement a unified
9 workforce investment plan for the investment and utilization of
10 private and public resources to meet the current and future
11 workforce investment needs of its region in furtherance of
12 section 102, has the following functions and responsibilities:
13 (1) To organize and elect a chairperson.
14 (2) To assess the economic and workforce needs of the
15 local workforce investment area and to develop a unified plan
16 which builds on available services and resources to
17 effectively meet the workforce and economic needs of the
18 local workforce investment area.
19 (3) To implement mechanisms to secure appropriate input
20 in the development of policies, performance standards or
21 investment strategies.
22 (4) To assist in the development of and collaboration
23 within the one-stop delivery system.
24 (5) To develop, adopt and assure adherence to local
25 performance standards, quality assurance standards and
26 applied operating principles which are consistent with
27 criteria throughout the one-stop delivery system.
28 (6) To establish cooperative and collaborative
29 relationships with other local workforce investment boards
30 and, if appropriate, with the unified system governing bodies
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1 of other states.
2 (7) To establish cooperative and collaborative
3 relationships with local transit agencies to provide
4 transportation services that effectively meet the workforce
5 needs of customers and the region. If the local workforce
6 investment board is unable to secure the cooperation of the
7 local transit agency the chair of the local board shall
8 notify the Chief Operating Officer of the board. The Chief
9 Operating Officer shall contact the Secretary of
10 Transportation to obtain assistance in securing the
11 cooperation of the local transit agency.
12 [(7)] (8) To authorize use of local workforce investment
13 funds, including individual training accounts, where
14 applicable, for eligible customers, for any of the following
15 services:
16 (i) Core services shall be available to individuals
17 who are adults or dislocated workers through the one-stop
18 delivery system and shall, at a minimum, include all of
19 the following:
20 (A) Determinations of whether the individuals
21 are eligible to receive assistance.
22 (B) Outreach; intake, which may include worker
23 profiling; and orientation to the information and
24 other services available through the one-stop
25 delivery system.
26 (C) Initial assessment of skill levels,
27 aptitudes, abilities and supportive service needs.
28 (D) Job search and placement assistance and,
29 where appropriate, career counseling.
30 (E) Provision of employment statistics
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1 information, including the provision of accurate
2 information relating to national, regional and local
3 labor market areas, such as:
4 (I) job vacancy listings in such labor
5 market areas;
6 (II) information on job skills necessary to
7 obtain the jobs described in subclause (I); and
8 (III) information relating to local
9 occupations in demand and the earnings and skill
10 requirements for such occupations.
11 (F) Provision of performance information and
12 program cost information on eligible providers of
13 training services, provided by program, eligible
14 providers of youth activities, providers of adult
15 education, providers of postsecondary vocational
16 education activities and vocational education
17 activities available to school dropouts under the
18 Carl D. Perkins Vocational and Applied Technology
19 Education Act (Public Law 88-210, 20 U.S.C. § 2301 et
20 seq.) and providers of vocational rehabilitation
21 program activities described in the Rehabilitation
22 Act of 1973 (Public Law 93-112, 29 U.S.C. § 701 et
23 seq.).
24 (G) Provision of information regarding how the
25 local workforce investment area is performing on the
26 local performance measures and any additional
27 performance information with respect to the one-stop
28 delivery system in the local workforce investment
29 area.
30 (H) Provision of accurate information relating
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1 to the availability of community college and
2 workforce development services, work support
3 services, including child care and transportation,
4 available in the local workforce investment area and
5 referral to such services as appropriate.
6 (I) Provision of transitional support, including
7 information regarding filing claims for unemployment
8 compensation.
9 (J) Assistance in establishing eligibility for
10 welfare-to-work activities under section 403(a)(5) of
11 the Social Security Act (49 Stat. 620, 42 U.S.C. §
12 603(a)(5)) available in the local workforce
13 investment area and programs of financial aid
14 assistance for training and education programs that
15 are not funded under this act and are available in
16 the local workforce investment area.
17 (K) Follow-up services, including counseling
18 regarding the workplace.
19 (ii) Intensive services:
20 (A) Intensive services shall be provided to
21 adults and dislocated workers who:
22 (I) are unemployed and are unable to obtain
23 employment through core services;
24 (II) have been determined by the one-stop
25 delivery system operator to be in need of more
26 intensive services in order to obtain employment;
27 or
28 (III) are employed but are determined by a
29 one-stop delivery system operator to be in need
30 of intensive services in order to obtain or
20020H2778B4176 - 21 -
1 retain employment that allows for self-
2 sufficiency.
3 (B) Intensive services shall be provided through
4 the one-stop delivery system directly through one-
5 stop delivery system operators or through contracts
6 with service providers, which may include contracts
7 with public, private for-profit and private nonprofit
8 service providers, approved by the local workforce
9 investment board.
10 (C) Intensive services may include the
11 following:
12 (I) Comprehensive and specialized
13 assessments of the skill levels and service needs
14 of adults and dislocated workers, which may
15 include diagnostic testing and use of other
16 assessment tools and in-depth interviewing and
17 evaluation to identify employment barriers and
18 appropriate employment goals.
19 (II) Development of an individual employment
20 plan to identify the employment goals,
21 appropriate achievement objectives and
22 appropriate combination of services for the
23 participant to achieve the employment goals.
24 (III) Group counseling.
25 (IV) Individual counseling and career
26 planning.
27 (V) Case management.
28 (VI) Short-term prevocational services,
29 including development of learning skills,
30 communication skills, interviewing skills,
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1 punctuality, personal maintenance skills and
2 professional conduct to prepare individuals for
3 employment or training.
4 (iii) Training services:
5 (A) Training services shall be provided to
6 adults and dislocated workers who:
7 (I) have met the eligibility requirements
8 for intensive services and who are unable to
9 obtain or retain employment through such
10 services;
11 (II) after an interview, evaluation or
12 assessment and case management, have been
13 determined by a one-stop delivery system operator
14 or one-stop delivery system partner to be in need
15 of training services and to have the skills and
16 qualifications to successfully participate in the
17 selected program of training services; and
18 (III) select programs of training services
19 which are directly linked to the employment
20 opportunities in the local workforce investment
21 area involved or in another area in which the
22 adults or dislocated workers receiving such
23 services are willing to relocate.
24 (B) Training services shall be limited to
25 individuals who are unable to obtain other grant
26 assistance for such services, including Federal Pell
27 Grants established under Title IV of the Higher
28 Education Act of 1965 (Public Law 89-329, 20 U.S.C. §
29 1070 et seq.), or require assistance beyond the
30 assistance made available under other grant
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1 assistance programs, including Federal Pell Grants.
2 (C) Training services may include:
3 (I) Occupational skills training, including
4 training for nontraditional employment.
5 (II) On-the-job training.
6 (III) Programs which combine workplace
7 training with related instruction, including
8 cooperative education programs.
9 (IV) Training programs operated by the
10 private sector.
11 (V) Skill upgrading and retraining.
12 (VI) Entrepreneurial training.
13 (VII) Job readiness training.
14 (VIII) Adult education and literacy
15 activities provided in combination with services
16 described in any of subclauses (I) through (VII).
17 (IX) Customized training conducted with a
18 commitment by an employer or group of employers
19 to employ an individual upon successful
20 completion of the training.
21 (8) To compile an annual report to be submitted to the
22 board by a deadline to be determined by the board. This
23 report shall include, at a minimum:
24 (i) a list of the membership of the local workforce
25 investment board, including the name, affiliation,
26 address, telephone number, telefax number and electronic
27 mail address;
28 (ii) the negotiated local level of performance;
29 (iii) the level of performance achieved, including
30 an analysis of the strengths and weaknesses;
20020H2778B4176 - 24 -
1 (iv) the programs participated in; and
2 (v) a list of the local eligible service providers.
3 Section 11. Sections 701, 702, 703 and 704 of the act are
4 repealed.
5 Section 12. The act is amended by adding sections to read:
6 Section 701. Purpose.
7 The purpose of this chapter is to expand the coordination of
8 the resources within the unified system and to enhance the
9 leadership of the workforce investment system, particularly with
10 reference to the resources under the control and direction of
11 the participating agencies as defined in this act. This grant
12 program shall be agile, flexible and responsive to the immediate
13 and long-term training needs of job seekers, private businesses
14 and the workforce regions of the Commonwealth. The coordination
15 and leveraging of resources within the workforce investment
16 system is crucial to the effective delivery of services to the
17 employers and residents of this Commonwealth.
18 Section 702. Definitions.
19 The following words and phrases when used in this chapter
20 shall have the meanings given to them in this section unless the
21 context clearly indicates otherwise:
22 "Critical job training." Training for dislocated workers and
23 underemployed workers, for occupations with immediate skill
24 needs, for high-demand jobs or jobs with a shortage of skilled
25 workers, as identified by the Pennsylvania Workforce Investment
26 Board and the participating agencies.
27 "Dislocated worker." A person who meets any one of the
28 following conditions:
29 (1) Has been terminated or laid off, or who has received
30 notice of termination or layoff, and is eligible for or has
20020H2778B4176 - 25 -
1 exhausted unemployment compensation benefits.
2 (2) Is unlikely to return to the industry or occupation
3 in which the individual was employed.
4 (3) Has been terminated or received notice of
5 termination as a result of the permanent closure or
6 relocation of a plant, facility or plant operation in which
7 the individual was employed.
8 (4) Is chronically unemployed.
9 (5) Has limited opportunities of employment in the
10 geographic area in which the individual resides.
11 (6) Is an individual who may face substantial barriers
12 to employment because of age or disability.
13 "Eligible applicant." Providers of workforce services and
14 activities, including, but not limited to: public agencies,
15 nonprofit organizations and private providers; a local education
16 agency; an industrial resource center; an economic development
17 organization certified by the Department of Community and
18 Economic Development; a greenhouse; a private company; a labor
19 organization; a local workforce investment board.
20 "Greenhouse." A nonprofit organization recognized under
21 section 501 (c)(3) of the Internal Revenue Code of 1986 (Public
22 Law 99-514, 26 U.S.C. § 1 et seq.) that is formed for the
23 express purpose of creating university/business partnerships to
24 advance science and technology and to support economic and
25 workforce development.
26 "Industrial resource center." An industrial resource center
27 as defined by the act of June 22, 2001 (P.L.400, No.31), known
28 as the Industrial Resources Center Partnership Act.
29 "Local education agency." A Pennsylvania institution
30 certified by the Department of Education, which may include any
20020H2778B4176 - 26 -
1 of the following:
2 (1) Area vocational-technical schools.
3 (2) Community and junior colleges.
4 (3) Intermediated units.
5 (4) Licensed private/proprietary business and trade
6 schools.
7 (5) Public school districts.
8 (6) State or private colleges and universities.
9 "Private company." A business, professional service company
10 or other enterprise. The term may include a group of two or more
11 private companies operating as a consortium in order to take
12 advantage of a common training program.
13 "Underemployed worker." A person requiring skill training to
14 meet industry skill demands or to increase his employment
15 opportunities.
16 Section 703. Program operation.
17 The Chief Operating Officer of the board shall direct the
18 operation of this program, with appropriate agency staffing
19 support as determined by the participating agencies and the
20 Governor. The Chief Operating Officer shall work with the
21 participating agencies to identify sources of Federal and State
22 funds for purposes of workforce development. The Chief Operating
23 Officer shall award grants to eligible applicants for projects
24 that are consistent with the criteria set forth in section 704.
25 Section 704. Grants.
26 (a) Single application.--There shall be a single multiagency
27 application for the grants awarded under this chapter. An
28 application must demonstrate:
29 (1) The number of dislocated workers or others that will
30 receive training.
20020H2778B4176 - 27 -
1 (2) The existence of job opportunities directly related
2 to the training.
3 (3) How the training will support growth industries
4 within this Commonwealth which are identified in the
5 strategic plan of the local workforce investment board or by
6 industry clusters identified by the participating agencies
7 and the Pennsylvania Workforce Investment Board.
8 (4) Private sector participation in training design and
9 placement of training recipients.
10 (b) Guidelines.--The Chief Operating Officer shall establish
11 such guidelines, develop such forms and institute such
12 procedures, including the utilization of agency resources, as
13 may be necessary to implement the provisions of this chapter.
14 (c) Information.--The Chief Operating Officer shall require
15 such information and records from each applicant and its
16 authorized training providers as it deems necessary to carry out
17 its responsibilities under this chapter.
18 (d) Limitations.--A local workforce investment board, a
19 certified economic development organization and a greenhouse may
20 not serve as a training provider for these grants.
21 (e) Funding sources.--Beginning with the 2003-2004 fiscal
22 year, and each year thereafter, the Governor shall recommend the
23 sources and levels of funding for this program for all of the
24 participating agencies, as defined in this chapter, in the
25 budget submitted to the General Assembly for that fiscal year.
26 (f) Board recommendations.--For the 2003-2004 fiscal year,
27 and each year thereafter, the board may recommend to the
28 Governor the sources and levels of funding from the
29 participating agencies, as defined in this chapter, for the
30 grants. The board may also recommend changes in the operation of
20020H2778B4176 - 28 -
1 the program. The recommendations to the Governor shall be made
2 after consulting with local workforce investment boards.
3 Section 705. Approval of applications and contracts.
4 The Chief Operating Officer, in consultation with a committee
5 composed of the participating agencies, may approve a grant
6 application and shall direct the appropriate Commonwealth agency
7 or agencies to enter into a contract with an eligible applicant
8 to provide critical job training. Notwithstanding the act of
9 December 20, 1985 (P.L.492, No.116), known as the Customized Job
10 Training Act, or its successor provisions, the Department of
11 Community and Economic Development may use funds appropriated
12 under the act to provide critical job training grants to
13 eligible applicants.
14 Section 13. The act is amended by adding chapters to read:
15 CHAPTER 9
16 WORKFORCE LEADERSHIP GRANTS
17 Section 901. Purpose.
18 The purpose of this chapter is to use funds appropriated for
19 these grants to establish innovative programs that address
20 short-term and long-term workforce development needs in industry
21 clusters critical to the development of the new economy in this
22 Commonwealth.
23 Section 902. Innovative programs.
24 (a) Program content.--An innovative program shall address
25 one of the following:
26 (1) Integrated and seamless secondary and postsecondary
27 education and training with area vocational-technical schools
28 and career technology centers; secondary schools, including
29 charter schools at these grade levels; community colleges;
30 and institutions with baccalaureate and graduate degree
20020H2778B4176 - 29 -
1 programs.
2 (2) Assistance to local workforce investment areas to
3 address the establishment of a community college and to
4 expand community college services in the area.
5 (3) Agile, flexible and responsive training programming
6 for incumbent workers.
7 (b) Curriculum concentrations.--The curriculum and programs
8 under subsection (a)(1) shall be focused on three cluster areas:
9 Bio-Technology/Life Sciences; Information Technology/Opto-
10 Electronics and Advanced Manufacturing and Materials.
11 (c) Business interaction.--The programs under subsection
12 (a)(1) must be developed and continue to operate with direct
13 business interaction in the curriculum, the recruitment of
14 students, internships and the placement of graduates. The
15 application and use of nanotechnology shall be an integral part
16 of postsecondary instruction with exposure to this technology
17 for students at the secondary level.
18 (d) Award of funding.--Funding shall be awarded for each of
19 the three cluster areas in subsection (a)(1) to applicants
20 demonstrating substantial program integration across educational
21 levels and with a significant number of participating
22 institutions. Applicants able to leverage other funding and
23 programming resources shall receive additional consideration in
24 the determination of awards.
25 (e) Program sustainability.--Successful applicants must
26 demonstrate the sustainability of the program in future years
27 without this grant funding.
28 Section 903. Program operation.
29 The Chief Operating Officer, in consultation with the
30 participating agencies, shall direct the operation of this
20020H2778B4176 - 30 -
1 program, establish guidelines and an application process for the
2 funds, develop such forms and institute procedures to implement
3 this program, determine the distribution of funds, and award the
4 funds to innovative programs as established in section 902.
5 Appropriate agency staffing support as determined by the
6 participating agencies and the Governor shall be provided for
7 the operation of this program.
8 CHAPTER 11
9 LOCAL WORKFORCE DEVELOPMENT TAP
10 SCHOLARSHIP ACCOUNTS
11 Section 1101. Establishment.
12 (a) Establishment.--Every local workforce investment board
13 that has become a not-for-profit corporation as defined by
14 subsection (c)(3) of section 501 of the Internal Revenue Code of
15 1986 (Public Law 99-514, 26 U.S.C § 501(c)(3)) may establish
16 local workforce development TAP scholarship accounts.
17 (b) Operation.--Each local workforce investment board
18 establishing local workforce development TAP scholarship
19 accounts shall establish and operate such accounts pursuant to
20 the Treasury Department's rules, regulations, and practices for
21 such accounts.
22 (c) Type of investments.--Local workforce investment boards
23 may only establish local workforce development TAP scholarship
24 accounts using the Treasury Department's Tuition Account Program
25 Investment Plan.
26 Section 1102. Joint local workforce development TAP scholarship
27 accounts.
28 Two or more local workforce investment boards may together
29 establish joint local workforce development TAP scholarship
30 accounts, provided that the establishment of such joint accounts
20020H2778B4176 - 31 -
1 includes rules that specify how the funds in such accounts shall
2 be divided between the local workforce investment boards to fund
3 workforce development training scholarships. Such rules may be
4 changed at any time subject to the agreement of all the involved
5 local workforce investment boards.
6 Section 1103. Funding of scholarship accounts.
7 Local workforce development TAP scholarship accounts may be
8 funded by private donations, the Federal Government, the
9 Commonwealth, political subdivisions of this Commonwealth, and
10 any postsecondary institution.
11 Section 1104. Use of local workforce development TAP
12 scholarship accounts.
13 (a) Utilization.--A local workforce investment board shall
14 use the local workforce development TAP scholarship accounts to
15 provide scholarships for workforce development training to
16 individuals residing in its local workforce investment area.
17 (b) Awards.--
18 (1) A local workforce investment board may award a
19 scholarship for training to be received outside of its local
20 workforce investment area.
21 (2) A local workforce investment board may award a
22 scholarship for training to be received outside of this
23 Commonwealth.
24 (3) A local workforce investment board may award a
25 scholarship for training to an individual residing in its
26 local workforce investment area irrespective of whether the
27 individual is receiving a scholarship for training from a
28 Commonwealth workforce development TAP scholarship account.
29 Both scholarships may be combined by the individual.
30 Section 1105. Consultations with Treasury Department.
20020H2778B4176 - 32 -
1 Each local workforce investment board that has local
2 workforce development TAP scholarship accounts shall annually
3 discuss the performance of the accounts with the Treasury
4 Department.
5 CHAPTER 13
6 COMMONWEALTH WORKFORCE DEVELOPMENT
7 TAP SCHOLARSHIP ACCOUNTS
8 Section 1301. Establishment.
9 (a) Establishment.--At the direction of the Governor, the
10 Chief Operating Officer of the Pennsylvania Workforce Investment
11 Board, in consultation with the Pennsylvania Workforce
12 Investment Board, shall establish at least one Commonwealth
13 workforce development TAP scholarship account.
14 (b) Operation.--The Chief Operating Officer of the
15 Pennsylvania Workforce Investment Board shall establish and
16 operate Commonwealth workforce development TAP scholarship
17 accounts pursuant to the Treasury Department's rules,
18 regulations, and practices for such accounts.
19 (c) Type of investments.--The Chief Operating Officer of the
20 Pennsylvania Workforce Investment Board may only establish
21 Commonwealth workforce development TAP scholarship accounts
22 using the Treasury Department's Tuition Account Program
23 Investment Plan.
24 Section 1302. Funding of scholarship accounts.
25 Commonwealth workforce development TAP scholarship accounts
26 may be funded by private donations, the Federal Government, the
27 Commonwealth, political subdivisions of this Commonwealth and
28 any postsecondary institution.
29 Section 1303. Awarding of Commonwealth workforce development TAP
30 scholarships.
20020H2778B4176 - 33 -
1 (a) Annual amount of scholarship.--The Chief Operating
2 Officer of the Pennsylvania Workforce Investment Board, with the
3 approval of the Pennsylvania Workforce Investment Board, shall
4 annually determine the amount of funding that shall be taken
5 from the Commonwealth workforce development TAP scholarship
6 accounts for the purpose of establishing and funding workforce
7 development training scholarships in the upcoming fiscal year.
8 This determination shall be made using best actuarial practices.
9 (b) Division of funds.--Subject to subsection (c), after the
10 amount of funds to be taken from the Commonwealth workforce
11 development TAP scholarship accounts has been determined, the
12 Chief Operating Officer of the Pennsylvania Workforce Investment
13 Board, with the approval of the Pennsylvania Workforce
14 Investment Board, shall preliminarily determine a division of
15 the funds in a fair and equitable method per workforce
16 investment area where the local workforce investment board has
17 not established Commonwealth workforce development TAP
18 scholarship accounts.
19 (1) Where this division of funds would not result in
20 recipients in any local workforce investment area receiving
21 in total more than $100,000 in workforce development training
22 scholarship funding in the upcoming fiscal year, or other
23 level as determined by the board, the Chief Operating Officer
24 of the Pennsylvania Workforce Investment Board shall award
25 throughout the upcoming fiscal year, per the preliminary
26 division, scholarships for workforce development training to
27 individuals in these workforce investment areas as selected
28 by local workforce investment boards where the individuals
29 reside. The local workforce investment boards shall select
30 the individuals in a fair and equitable manner.
20020H2778B4176 - 34 -
1 (2) Where the division of funds would result in
2 recipients in any local workforce investment area obtaining
3 more than $100,000 total in workforce development training
4 scholarship funding in the upcoming fiscal year, or other
5 level as determined by the board, the Chief Operating Officer
6 shall:
7 (i) With the approval of the Pennsylvania Workforce
8 Investment Board, redivide the funds in a fair and
9 equitable method as follows: all workforce investment
10 areas where the local workforce investment boards have
11 not established local workforce development TAP
12 scholarship accounts shall receive in total 50% of the
13 funds, and all other workforce investment areas shall
14 receive in total the remaining funds.
15 (ii) Award throughout the upcoming fiscal year
16 scholarships for workforce development training to
17 individuals as selected by local workforce investment
18 boards where the individuals reside. The local workforce
19 investment boards shall select the individuals in a fair
20 and equitable manner.
21 Section 1304. Use of Commonwealth TAP scholarship accounts.
22 The Chief Operating Officer of the Pennsylvania Workforce
23 Investment Board may award a scholarship for training:
24 (1) To be received outside of a local workforce
25 investment area where the recipient resides.
26 (2) To be received outside this Commonwealth.
27 (3) To a recipient irrespective of whether the recipient
28 is receiving a scholarship for training from a local
29 workforce development TAP scholarship account. Both
30 scholarships may be combined by the individual.
20020H2778B4176 - 35 -
1 Section 1305. Consultations with Treasury Department.
2 The Chief Operating Officer of the Pennsylvania Workforce
3 Investment Board shall annually discuss the performance of the
4 Commonwealth workforce development TAP scholarship accounts with
5 the Treasury Department.
6 Section 14. Section 4903 of the act is repealed.
7 Section 15. This act shall take effect as follows:
8 (1) Except for operations described in Chapters 7, 9, 11
9 and 13, section 304 shall take effect March 1, 2003.
10 (2) The amendment of section 306(c) shall take effect
11 July 1, 2003.
12 (3) The addition of sections 701, 702, 703 and 704 shall
13 take effect immediately.
14 (4) The addition of Chapters 9, 11 and 13 shall take
15 effect immediately.
16 (5) This section shall take effect immediately.
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