SENATE AMENDED
PRIOR PRINTER'S NOS. 4176, 4516, 4568 PRINTER'S NO. 4639
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, E. Z. TAYLOR, HORSEY AND ALLEN, JUNE 28, 2002
SENATOR ARMSTRONG, LABOR AND INDUSTRY, IN SENATE, AS AMENDED,
NOVEMBER 19, 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 TAP workforce development scholarship accounts
11 AND FOR SELF-EMPLOYMENT ASSISTANCE; and further providing for <--
12 the 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, for guarantees for program quality and
4 performance for workforce development programs, for workforce
5 leadership grants and, for TAP workforce development <--
6 scholarship accounts AND FOR SELF-EMPLOYMENT ASSISTANCE; and <--
7 authorizing local workforce investment boards.
8 Section 2. Section 102(4) of the act is amended to read:
9 Section 102. Declaration of policy.
10 The General Assembly finds and declares as follows:
11 * * *
12 (4) Achievement of a world-class workforce in this
13 Commonwealth is best accomplished through a unified system
14 which is dedicated to and operates in adherence with the
15 following basic philosophy and core values:
16 (i) Economic competitiveness based on improvements
17 in productivity, quality and service.
18 (ii) Excellence and informed choice in education,
19 training opportunities, workplace preparation and career
20 decision making for eligible youth and adults.
21 (iii) A strong work ethic, mutual respect, a
22 commitment to lifelong learning and the valuing of all
23 workers and their work.
24 (iv) Stewardship of public resources, emphasizing
25 private sector solutions to workforce investment goals
26 supplemented by public/private partnerships and limited
27 government involvement when necessary.
28 (v) The highest-quality delivery of market-driven
29 services which are readily identifiable and easily
30 accessible and which consider the abilities and work-
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1 support needs of a diverse population.
2 (vi) Continuous quality improvement through
3 cooperation and collaboration among all who participate
4 in the unified system in order for individuals to earn
5 family-sustaining wages for economic self-sufficiency.
6 (vii) Guaranteeing the quality and performance of
7 workforce development programs and the skill training
8 provided to employees, incumbent workers, job seekers and
9 students.
10 * * *
11 Section 3. The definitions of "certification" "participating <--
12 agencies" and "workforce development" in section 103 of the act
13 are amended and the section is amended by adding definitions to
14 read:
15 Section 103. Definitions.
16 The following words and phrases when used in this act shall
17 have the meanings given to them in this section unless the
18 context clearly indicates otherwise:
19 * * *
20 "Certification." An approval issued by the Governor, upon
21 recommendation by the board, to a local workforce investment
22 board which satisfies the eligibility requirements established
23 by the Governor, upon recommendation by the board.
24 * * *
25 "COO." The chief operating officer as established in section
26 303.1.
27 * * *
28 "Participating agencies." All of the following: <--
29 (1) The Department of Aging.
30 (2) The Department of Community and Economic
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1 Development.
2 (3) The Department of Education.
3 (4) The Department of Health.
4 [(4)] (5) The Department of Labor and Industry.
5 [(5)] (6) The Department of Public Welfare.
6 [(6)] (7) Any agency which oversees and monitors funds
7 appropriated by the Federal Government and designated by the
8 Governor or funds specifically appropriated by the General
9 Assembly for workforce investment which falls under the
10 authority of the board.
11 * * *
12 "TAP workforce development scholarship accounts." Accounts
13 to be used for workforce development training established by one
14 or more local workforce investment boards under the act of April
15 3, 1992 (P.L.28, No.11), known as the Tuition Account Programs
16 and College Savings Bond Act, and the Department of Treasury's
17 operation of the tuition account program pursuant to that act.
18 * * *
19 "Workforce development." Information access and lifelong
20 learning activities. The term includes vocational education
21 programs; programs in community colleges, technical colleges and
22 postsecondary education institutions authorized to grant
23 diplomas and certificates, specialized associate, associate,
24 baccalaureate and advanced degrees; and transitional support and
25 work support services or activities which enable customers to
26 engage in or prepare for employment opportunities.
27 * * *
28 Section 4. Sections 301 and 302(a), (d), (f) and (i) AND (F) <--
29 of the act are amended to read:
30 Section 301. Establishment.
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1 The Pennsylvania Workforce Investment Board is established to
2 advise and assist the Governor and the General Assembly on the
3 implementation of a unified system to assure a well-educated,
4 highly skilled workforce. The board is responsible for unifying
5 the Commonwealth's existing Federal and State workforce
6 investment programs into an integrated system[.] and managing
7 such workforce development programming as directed by the
8 Governor or established by law. All recommendations and
9 decisions of the board shall be in compliance with the Workforce
10 Investment Act of 1998 (Public Law 105-220, 112 Stat. 936).
11 Section 302. Membership.
12 (a) General rule.--The board shall be established as
13 follows:
14 (1) The Governor or a designee.
15 (2) Four members of the General Assembly:
16 (i) Two senators, one appointed by the President pro
17 tempore of the Senate and one appointed by the Minority
18 Leader of the Senate.
19 (ii) Two representatives, one appointed by the
20 Speaker of the House of Representatives and one appointed
21 by the Minority Leader of the House of Representatives.
22 (3) [Representatives appointed by the Governor who are:] <--
23 The Governor shall appoint to serve at the pleasure of the
24 Governor the following members:
25 (i) Representatives of business, including private
26 sector employers, representatives from each of the
27 Commonwealth's marketing regions, owners of businesses,
28 chief executive officers, other business executives with
29 optimum policymaking or hiring authority, members of
30 local workforce investment boards and businesses that
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1 reflect the employment opportunities in this
2 Commonwealth, including large and small employers.
3 (ii) Chief elected officials[.], nominated by
4 Statewide organizations or associations representing
5 political subdivisions ELECTED OFFICIALS. <--
6 (iii) Representatives of labor organizations who
7 have been nominated by State labor federations.
8 (iv) Representatives of individuals and
9 organizations experienced with respect to youth
10 activities.
11 (v) Representatives of organizations which have
12 experience and expertise in the delivery of workforce
13 investment activities, including chief executive officers
14 of community colleges, technical colleges and community-
15 based organizations in this Commonwealth.
16 (vi) Lead Commonwealth agency officials, including:
17 (A) The Secretary of Aging.
18 (B) The Secretary of Community and Economic
19 Development.
20 (C) The Secretary of Education.
21 (D) The Secretary of Health. <--
22 [(D)] (E) The Secretary of Labor and Industry. <--
23 [(E)] (F) The Secretary of Public Welfare. <--
24 [(F)] (G) The Director of the Governor's Policy <--
25 Office.
26 (vii) Any other representative or Commonwealth
27 agency official the Governor deems necessary.
28 (4) A majority of the board under this subsection must
29 be representatives [of business] as described under paragraph <--
30 (3)(i).
20020H2778B4639 - 6 -
1 (5) The Governor shall solicit recommendations from
2 State, regional and local business organizations in making
3 appointments to the board.
4 * * *
5 [(d) Staff.--The board may employ a limited staff to
6 implement the decisions of the board.]
7 * * *
8 (f) Executive committee.--An executive committee that
9 includes representation from the private sector may be
10 established and authorized under the board to [oversee and
11 monitor the unified system] fulfill the board's
12 responsibilities. The organization framework may utilize
13 existing staff structure or develop its own staffing
14 arrangement.
15 * * *
16 (i) Personnel, equipment, resources.--The policy and program <--
17 offices of the Department of Aging, the Department of Community
18 and Economic Development, the Department of Education, the
19 Department of Health, the Department of Labor and Industry and
20 the Department of Public Welfare shall provide personnel,
21 equipment and resources as required for the functioning of the
22 board.
23 Section 5. The act is amended by adding a section to read:
24 § 303.1. Role of chairperson, chief operating officer (COO) and
25 staff.
26 (a) Management.--The COO under the direction of the Governor
27 shall work with the chairperson and members of the board, manage <--
28 the operation and staffing of the board and establish an agenda,
29 priorities and policies for the board. AND IN COOPERATION WITH <--
30 THE CHAIRPERSON AND MEMBERS OF THE BOARD SHALL MANAGE THE
20020H2778B4639 - 7 -
1 OPERATION AND STAFFING OF THE BOARD. THE COO SHALL WORK WITH THE
2 GOVERNOR, THE CHAIRPERSON AND THE MEMBERS OF THE BOARD TO
3 ESTABLISH AN AGENDA, PRIORITIES AND POLICIES FOR THE OPERATION
4 AND STAFFING OF THE BOARD AND ESTABLISH AN AGENDA, PRIORITIES
5 AND POLICIES FOR THE BOARD.
6 (b) Appointment.--The Governor shall appoint a COO for the
7 board, WHO SHALL SERVE AT THE PLEASURE OF THE GOVERNOR. The COO <--
8 shall report to the Governor and shall be the chief workforce
9 development advisor to the Governor. The Governor may consult
10 with the chairperson and the members of the board in the
11 selection of the COO.
12 (c) Responsibilities.--The COO shall have the following
13 responsibilities:
14 (1) The COO shall work with the chairperson and the
15 membership of the board:
16 (i) To implement the agenda, priorities and policies
17 of the Governor and the board.
18 (ii) To make recommendations to the Governor and the
19 participating agencies on the subjects provided in
20 paragraphs (2), (4) and (5).
21 (iii) In representing the board as provided in
22 paragraph (6).
23 (iv) In serving as the primary liaison with the
24 Federal Government as provided in paragraph (7).
25 (2) The COO shall have the responsibility to manage
26 programs as directed by the Governor and provided by law, and
27 to work with the participating agencies to coordinate
28 funding, programs and services within the unified system.
29 (3) The COO shall employ A LIMITED staff to implement <--
30 the decisions of the Governor and the board and to carry out
20020H2778B4639 - 8 -
1 the program responsibilities of the board. The operating
2 budget for the board shall be included in the appropriation
3 request of the Department of Labor and Industry, which shall
4 also provide legal services to the board.
5 (4) The COO, in consultation with the board, shall make
6 recommendations to the Governor and the participating
7 agencies on the coordination and implementation of community <--
8 college, technical college and workforce development
9 services. AN INTEGRATED AND SEAMLESS SECONDARY AND <--
10 POSTSECONDARY EDUCATION AND TRAINING WITH AREA VOCATIONAL-
11 TECHNICAL SCHOOLS AND CAREER TECHNOLOGY CENTERS; SECONDARY
12 SCHOOLS, INCLUDING CHARTER SCHOOLS AT THESE GRADE LEVELS;
13 COMMUNITY COLLEGES; TECHNICAL COLLEGES; AND INSTITUTIONS WITH
14 BACCALAUREATE AND GRADUATE DEGREE PROGRAMS. He shall work
15 with the community colleges, technical colleges and other
16 postsecondary institutions to establish partnerships and to
17 integrate their programming with the workforce investment
18 system.
19 (5) The COO, in consultation with the board, shall make
20 recommendations to the Governor and the participating
21 agencies for changes to Federal and State laws, regulations
22 and policies that will improve cooperation and collaboration
23 among the participating agencies in the delivery of workforce
24 development services and programs.
25 (6) The COO shall represent the board at such times and
26 places as determined by the board.
27 (7) The COO, as directed by the Governor, shall serve as
28 the primary liaison with the Federal Government on workforce
29 development issues.
30 Section 6. Section 304 of the act is amended to read:
20020H2778B4639 - 9 -
1 Section 304. Plan, functions and responsibilities.
2 (a) General rule.--The board, in furtherance of section 102,
3 shall advise and assist the Governor on all of the following:
4 (1) Development and adoption of and adherence to,
5 throughout the unified system, standards, principles,
6 policies, goals, financial resource investment priorities and
7 strategies for workforce investment to maintain continuously
8 a competitive advantage for this Commonwealth.
9 (2) Monitoring and assuring collaboration of the
10 investment of all funds specifically appropriated by the
11 Federal Government and designated by the Governor or funds
12 specifically appropriated by State government for workforce
13 investment under any Federal or State statute.
14 (3) Assuring that no funds designated for Statewide
15 youth activities are used to develop or implement education
16 curricula for school districts.
17 (4) Examination of Federal and State statutes and
18 regulations to assess whether they present barriers to
19 achieving the provisions of this act and to recommend to the
20 Federal Government, the Governor and the General Assembly
21 amendments to statutes and regulations and waivers of
22 regulations to eliminate barriers and to promote the
23 provisions of this act.
24 (5) Development and dissemination of appropriate and
25 necessary research and statistical information, to set the
26 requisite protocols and standards for common data reference,
27 to engage in or sponsor studies to identify unified system
28 needs and to gather and disseminate information.
29 (6) Establishment of and adherence to performance-based
30 quality assurance standards designed to optimize unified
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1 system function, performance and effectiveness.
2 (7) Evaluation of the unified workforce investment plans
3 submitted by local workforce investment boards consistent
4 with local plan requirements developed by the board. The
5 objective of the plans is to develop local and regional
6 templates from which Federal and State funds can be aligned
7 and targeted toward common goals and objectives.
8 (8) [Implementation of mechanisms to secure] Securing
9 appropriate input from local workforce investment boards in
10 the development of policies, local performance measures or
11 investment strategies.
12 (9) Establishment and maintenance of a universally
13 accessible information access system which enables the
14 unified system to function and serve its customers
15 effectively.
16 (10) Contracting or developing written agreements or
17 memoranda of understanding with participating agencies for
18 the administration and management of workforce investment
19 programs and activities under the responsibility of the
20 board.
21 (11) Providing technical assistance to local workforce
22 investment boards to assist them in maximizing the investment
23 of public money.
24 (12) Setting the criteria for unified system and service
25 provider participation and developing a systemwide marketing
26 program.
27 (13) Recommending certification or recertification of
28 local workforce investment boards by giving consideration to
29 all of the following:
30 (i) The proposed local workforce investment board's
20020H2778B4639 - 11 -
1 leadership system and its capability to effectively
2 monitor and assure collaboration of workforce investment
3 programs.
4 (ii) The portion of the labor market or geographical
5 area to be served by the proposed local workforce
6 investment board.
7 (14) Recommending necessary action if a local workforce
8 investment board fails to act, acts improperly or fails to
9 meet the conditions of its unified local workforce investment
10 plan in which Federal or State funds have been invested.
11 (15) Recognition of the potential of citizens, employers
12 and communities in this Commonwealth by affirming the
13 continued existence and independence of all current funding
14 streams and programs for persons with disabilities while
15 ensuring that employment-related programs for individuals
16 with disabilities operate efficiently.
17 (16) Assessment of the economic and workforce needs of
18 this Commonwealth and to develop the unified system to build
19 on available services and resources to effectively meet these
20 Statewide needs.
21 (17) Establishing cooperative and collaborative
22 relationships with other states' unified system governing
23 bodies.
24 (18) Assuring the implementation of Federal and State
25 statutory mandates which fall within the purview of the
26 unified system.
27 (19) Establishing standards for the use of Federal
28 funding for training services and policies for a local
29 workforce investment board to meet the standards.
30 (20) Managing such workforce development programming as
20020H2778B4639 - 12 -
1 directed by the Governor or provided by law.
2 [(19)] (21) Compilation of an annual report which shall
3 be submitted to the General Assembly, the Secretary of the
4 Senate and the Chief Clerk of the House of Representatives by
5 March 1 and which shall include all of the following:
6 (i) A detailed explanation of the performance
7 measures used and how the performance measures were
8 developed.
9 (ii) An explanation of the process used to achieve
10 continuous improvement of workforce investment
11 activities.
12 (iii) The anticipated course of actions to be taken
13 by the board to encourage continuous improvement in the
14 unified system.
15 (iv) A list of the membership of the board,
16 including name, affiliation, address, telephone number,
17 telefax number and electronic mail address.
18 (v) An explanation of the process used to negotiate
19 levels of local performance.
20 (vi) A list of all certified local workforce
21 investment boards in this Commonwealth, including each
22 local workforce board's negotiated level of local
23 performance, each local workforce board's level of
24 performance attained and the action taken with respect to
25 any local workforce investment board which failed to meet
26 its negotiated level of local performance.
27 (vii) A copy of the annual report submitted by each
28 local workforce investment board to the board.
29 (viii) An accounting of Federal and State funds
30 expended for workforce investment in the previous fiscal
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1 year by line item and program.
2 (b) Assistance offered.--The recommendations and assistance
3 offered under subsection (a) may include the one-stop operating
4 system, designation of a lead agency for a particular workforce
5 program or programs and the consolidation of programs.
6 (c) Evaluation of plans.--In order to develop an effective
7 system to evaluate the unified workforce investment plans
8 submitted by local workforce investment boards, the board and
9 the COO shall:
10 (1) Seek the participation of the participating agencies
11 to ensure that the plans integrate workforce programs.
12 (2) Seek the advice of local workforce investment boards
13 to identify areas where federally and State-funded workforce
14 resources can be maximized in a local region.
15 (3) Work with the participating agencies and local
16 workforce investment boards to fully implement local
17 workforce investment plans.
18 (4) Ensure that local workforce investment plans
19 incorporate sufficient levels of community engagement,
20 participation and input from workforce development
21 partnerships.
22 The review of the plans shall determine the extent to which
23 State workforce development funds have been integrated with the
24 approved plan.
25 Section 7. The act is amended by adding a section to read:
26 Section 304.1. Program operations.
27 (a) Directives.--The board shall manage and establish
28 requirements for such workforce development programming as
29 directed by the Governor or established by law.
30 (b) Grants and studies.--The board is authorized to conduct
20020H2778B4639 - 14 -
1 studies, and to apply for and receive grants from the Federal
2 Government, or any agency thereof, charitable organizations or
3 other entities providing funding and technical assistance for
4 the improvement and operation of workforce development
5 programming.
6 Section 8. Section 305 of the act is repealed.
7 Section 9. The act is amended by adding sections to read:
8 Section 305.1. State performance management system.
9 (a) General rule.--The board and the COO shall establish a
10 system for the development, oversight, modification and
11 continuous improvement of a comprehensive performance
12 accountability system that will provide effective measures of
13 the performance and impact of the workforce development system
14 at the State and local levels. The system will include input
15 from board members, local workforce investment boards, operators
16 of the one-stop delivery system, workforce development program
17 providers, business and industry and the participating agencies. <--
18 as well as customers and participants from various programs <--
19 under this act. The system will be designed to produce
20 recommendations to the board and the Governor and shall function
21 within time frames established by the board and the COO. The
22 system shall be comprehensive and provide a reporting system for
23 program funding as established by the board and the COO. The
24 system shall:
25 (1) Identify one or more State agencies responsible for
26 the coordination and management of data.
27 (2) Identify systems for tracking and reporting of
28 information and determining the role of the State and local
29 workforce investment boards.
30 (3) Enable the development and funding of a locally
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1 based management information system that will provide local
2 workforce investment boards and the board with management
3 data.
4 (4) Enable revisions to the performance management
5 system. This may include recommendations to realign the
6 system and Federal and State funding for workforce
7 development programs.
8 (b) Required performance measures.--The State performance
9 management system shall include:
10 (1) Entry into unsubsidized employment.
11 (2) Retention in unsubsidized employment six months
12 after entry into the employment.
13 (3) Earnings received in unsubsidized employment six
14 months after entry into the employment.
15 (4) Attainment of a recognized credential relating to
16 achievement of educational skills, including attainment of a
17 secondary school diploma or its recognized equivalent, or
18 occupational skills by participants who enter unsubsidized
19 employment or by participants who are eligible youths between
20 the ages of 19 and 21 and who enter postsecondary education,
21 advanced training or unsubsidized employment.
22 (5) The use of Federal funds for training services,
23 including activities authorized under Chapter 2 of Title II
24 of the Trade Act of 1974 (Public Law 93-618, 19 U.S.C. § 2101
25 et seq.).
26 (6) Guarantees for program quality and performance.
27 (7) Uniform program performance measures.
28 The required performance measures in paragraphs (1) through (5)
29 may be modified by the board to be aligned with common
30 performance measures adopted pursuant to revisions to the
20020H2778B4639 - 16 -
1 Workforce Investment Act of 1998 (Public Law 105-220, 112 Stat.
2 936) or the adoption of common performance measures by the
3 Federal agencies covered by this act.
4 (c) Customer satisfaction.--As an indicator of performance,
5 customer satisfaction shall also be considered. The customer
6 satisfaction indicator of performance shall consist of customer
7 satisfaction of employers and participants with services
8 received from workforce investment activities. Customer
9 satisfaction may be measured through surveys conducted after the
10 conclusion of participation in the workforce investment
11 activities. These surveys shall include questions about whether
12 employers, grant recipients and participants are able to quickly
13 receive funding. and the board's ability to accommodate and <--
14 respond to the immediate employment needs within the regional
15 and local communities and job markets.
16 (d) Guarantees for program quality and performance.--
17 Ensuring the quality of workforce development programs is an
18 essential function of the board. The board shall establish one
19 or more quality performance guarantees for workforce development
20 programs under this act. A guarantee may include:
21 (1) A guarantee or warranty for the training provided to
22 an incumbent worker, employee, job seeker or student.
23 (2) Successful completion of a certificate or short-term
24 training class or program established by a college or
25 university, a private licensed school established under the
26 act of December 15, 1986 (P.L.1585, No.174), known as the
27 Private Licensed Schools Act, or a local workforce investment
28 board.
29 (3) Passage of a nationally recognized or industry-
30 recognized certificate examination.
20020H2778B4639 - 17 -
1 (4) A combination of paragraphs (1) through (3).
2 (5) Other requirements established by the board.
3 The program quality and performance guarantee shall provide for
4 additional education or training for persons who become employed
5 and are not able to perform their duties at a satisfactory
6 level, for employees receiving customized job training or other
7 training that is not satisfactory for the employer and for
8 students advancing to the next sequence of an integrated and
9 seamless secondary and postsecondary education program, as
10 established in section 902, who are not capable of performing at
11 this academic level. The board shall consult with local
12 workforce investment boards and program providers prior to the
13 adoption of the guarantees for program quality and performance.
14 The guarantee provisions shall be adopted by the board by June
15 30, 2003.
16 Section 305.2. Training services.
17 (a) General rule.--The board shall recommend to the Governor
18 criteria for the use of Federal funds for training services. The
19 criteria established by the Governor shall recommend allocation
20 and expenditure levels for adult and dislocated worker funding
21 under WIA Title I (Public Law 105-220, Title I § 101 et seq.)
22 that should be included by a local workforce investment board in
23 its unified workforce investment plan under section 504. In
24 making its recommendations the board shall consider all of the
25 following issues:
26 (1) The flexibility needed by local workforce investment
27 boards to deliver core, intensive and training services in
28 ways that can best serve both State and local workforce
29 needs.
30 (2) One or more criteria for the allocation of adult and
20020H2778B4639 - 18 -
1 dislocated worker funds for training services.
2 (3) Differing levels for the allocation and expenditure
3 of funds for training services. The levels may be based on:
4 the availability of other training funds, the availability of
5 certified training providers, the unemployment rate of the
6 county and region and other factors as determined by the
7 board for a local workforce investment area.
8 (4) Using the factors described in paragraphs (1), (2)
9 and (3) in the allocation and expenditure of adult and
10 dislocated worker funding when reviewing the unified
11 workforce investment plan of the local workforce investment
12 board.
13 (5) The allocation and expenditure criteria from prior
14 years, to the extent they exist.
15 (6) Social, economic and demographic changes and changes
16 to the workforce in the local workforce investment area in
17 the last five to ten years.
18 (7) The priorities of local workforce investment boards
19 identified in the local workforce investment plans.
20 (b) Consultation.--The board shall discuss the criteria and
21 the allocation and expenditure levels of adult and dislocated
22 worker funds for training services with local workforce
23 investment boards prior to recommending the criteria and an
24 allocation of funds.
25 Section 308.1 One-stop delivery system and local workforce
26 investment boards.
27 (a) General rule.--The board shall make recommendations to
28 the Governor for base level infrastructure funding for the one-
29 stop delivery system and for operating expenses for local
30 workforce investment boards. The purpose of this funding will be
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1 to cover the cost of operating and maintaining the one-stop
2 facilities, the infrastructure of the delivery system and the
3 operations of local workforce investment boards.
4 (b) Specific recommendations.--The board may make
5 recommendations in the following areas:
6 (1) The use of current Federal and State funds, to the
7 extent permissible by Federal and State laws and regulations,
8 to support the infrastructure requirements of the one-stop
9 delivery system and to support local workforce investment
10 boards.
11 (2) The development of other funding sources for
12 infrastructure and operating support.
13 (3) Criteria for the use and allocation of funds
14 recommended in paragraphs (1) and (2).
15 Section 10. Sections 501, 502(a) and 504 of the act are
16 amended to read:
17 Section 501. Establishment.
18 (a) Areas and local workforce investment boards.--
19 (1) Local workforce investment areas shall be designated
20 by the Governor through consultation with the board and the
21 chief elected officials and after consideration of comments
22 received through the public comment process. In making the
23 designation of local workforce investment areas, the Governor
24 shall take into consideration the following:
25 (i) Geographic areas served by school entities.
26 (ii) Geographic areas served by postsecondary
27 educational institutions, including community colleges
28 and technical colleges AND VOCATIONAL-TECHNICAL SCHOOLS <--
29 AND CAREER TECHNOLOGY CENTERS.
30 (iii) The extent to which such local workforce
20020H2778B4639 - 20 -
1 investment areas are consistent with labor market areas.
2 (iv) The distance that individuals will need to
3 travel to receive services provided in such local
4 workforce investment areas.
5 (v) The resources of such local workforce investment
6 areas that are available to effectively administer the
7 activities carried out under Federal and State law.
8 (2) Local workforce investment boards shall be
9 established in each local workforce investment area of this
10 Commonwealth, recommended for certification by the board and
11 certified by the Governor, to set policy for the portion of
12 the unified system within that local workforce investment
13 area. The local workforce investment boards shall work in
14 collaboration with the community colleges, technical colleges <--
15 and other postsecondary institutions in establishing
16 COLLABORATION WITH SECONDARY AND POSTSECONDARY EDUCATION AND <--
17 TRAINING WITH AREA VOCATIONAL-TECHNICAL SCHOOLS AND CAREER
18 TECHNOLOGY CENTERS; SECONDARY SCHOOLS, INCLUDING CHARTER
19 SCHOOLS AT THESE GRADE LEVELS; THE COMMUNITY COLLEGES;
20 TECHNICAL COLLEGES; AND INSTITUTIONS WITH BACCALAUREATE AND
21 GRADUATE DEGREE PROGRAMS IN ESTABLISHING workforce
22 development services.
23 (3) No local workforce investment board may conduct
24 business unless it is certified by the Governor.
25 (b) Purpose.--The purpose of each local workforce investment
26 board is to advise and assist the chief elected official in the
27 county or counties served by the local workforce investment
28 board by setting policy to promote effective workforce
29 investment programs in a designated geographic area.
30 (c) [Liability.--The] Administration and liability.--
20020H2778B4639 - 21 -
1 (1) The chief elected official in a local workforce
2 investment area shall serve as the local grant recipient for
3 and shall be liable for any misuse of the grant funds
4 allocated to the local workforce investment area under
5 Federal law or this act.
6 (2) The chief elected official in a local workforce
7 investment area may designate an entity to serve as a local
8 grant subrecipient for such funds or as a local fiscal agent.
9 Such designation shall not relieve the chief elected official
10 of liability for any misuse of grant funds as described in
11 paragraph (1).
12 (3) The local grant recipient or an entity designated
13 under paragraph (2) shall disburse such funds for workforce
14 investment activities at the direction of the local board,
15 pursuant to the requirements of this act.
16 Section 502. Membership.
17 (a) Composition.--
18 (1) A local workforce investment board appointed by the
19 chief elected official shall be as follows:
20 (i) A majority shall be representatives of business
21 in the local workforce investment area who:
22 (A) are owners of businesses, chief executives
23 or operating officers of businesses and other
24 business executives or employers with optimum
25 policymaking or hiring authority;
26 (B) represent businesses with employment
27 opportunities which reflect the employment
28 opportunities of the local workforce investment area;
29 and
30 (C) are appointed from among individuals
20020H2778B4639 - 22 -
1 nominated by local business organizations and
2 business trade associations.
3 (ii) Representatives of local educational entities,
4 including representatives of local educational agencies,
5 local school boards, entities providing adult education
6 and literacy activities, postsecondary educational
7 institutions [and], community colleges and technical
8 colleges, selected from among individuals nominated by
9 regional or local educational agencies, institutions or
10 organizations representing such local educational
11 entities.
12 (iii) In a local workforce investment area in which
13 employees are represented by labor organizations,
14 representatives nominated by local labor federations.
15 (iv) In a local workforce investment area in which
16 no employees are represented by labor organizations,
17 other representatives of employees.
18 (v) Representatives of community-based
19 organizations, which may include organizations
20 representing minorities [and], individuals with
21 disabilities, older workers and veterans, from a local
22 workforce investment area in which such organizations are
23 present.
24 (vi) Representatives of economic development
25 entities.
26 (vii) Representatives of each of the one-stop
27 delivery system partners.
28 (viii) Other individuals or representatives of
29 entities as the chief elected official in the local
30 workforce investment area may determine to be
20020H2778B4639 - 23 -
1 appropriate.
2 (2) Members of the local workforce investment board must
3 be individuals who have optimum policymaking authority within
4 the organizations, agencies or other entities which they
5 represent.
6 (3) The membership shall select a chairperson from the
7 private sector representatives.
8 (4) A local workforce investment board may hire limited
9 staff to implement the decisions of the local workforce
10 investment board.
11 * * *
12 Section 504. Plan, functions and responsibilities.
13 (a) Unified workforce investment plan.--A local workforce
14 investment board, in partnership with the chief elected official
15 of the county or counties served by the local workforce
16 investment board, shall submit to the Governor for approval a
17 unified workforce investment plan. The unified workforce
18 investment plan shall be developed through a process which
19 includes the opportunity for participation by current and
20 potential customers and service providers and which shall
21 contain, at a minimum, the following:
22 (1) A description of the local workforce investment
23 area's strategic economic and workforce vision and of how the
24 vision will be attained.
25 (2) A description of how the plan supports the
26 Commonwealth's overall mission and goals.
27 (3) An analysis of the local workforce investment area
28 market, including projected growth industries and declining
29 industries.
30 (4) A description of the respective roles of the local
20020H2778B4639 - 24 -
1 elected officials and the local workforce investment board.
2 (5) A description of programs for eligible youth.
3 (6) A description of the local workforce investment
4 area's one-stop delivery system.
5 (7) A description of the services to be provided to all
6 customers.
7 (8) A description of how coordination of workforce
8 development services and investment activities will occur[.], <--
9 particularly with PARTICULARLY WITH SECONDARY AND <--
10 POSTSECONDARY EDUCATION AND TRAINING WITH AREA VOCATIONAL-
11 TECHNICAL SCHOOLS AND CAREER TECHNOLOGY CENTERS; SECONDARY
12 SCHOOLS, INCLUDING CHARTER SCHOOLS AT THESE GRADE LEVELS;
13 community colleges, technical colleges; TECHNICAL COLLEGES; <--
14 and other postsecondary institutions INSTITUTIONS WITH <--
15 BACCALAUREATE AND GRADUATE DEGREE PROGRAMS serving the local
16 workforce investment area.
17 (9) A description of the allocation and expenditure of
18 adult and dislocated worker funding for training services.
19 (10) A description of the coordination of transportation
20 services with local transit agencies in order to effectively
21 meet the workforce needs of customers and the region.
22 [(9)] (11) If appropriate, a description of a regional
23 strategic component to the local plan.
24 [(10)] (12) If available, an analysis of regional market
25 trends.
26 (b) Functions and responsibilities.--A local workforce
27 investment board, in order to develop and implement a unified
28 workforce investment plan for the investment and utilization of
29 private and public resources to meet the current and future
30 workforce investment needs of its region in furtherance of
20020H2778B4639 - 25 -
1 section 102, has the following functions and responsibilities:
2 (1) To organize and elect a chairperson.
3 (2) To assess the economic and workforce needs of the
4 local workforce investment area and to develop a unified plan
5 which builds on available services and resources to
6 effectively meet the workforce and economic needs of the
7 local workforce investment area.
8 (3) To implement mechanisms to secure appropriate input
9 in the development of policies, performance standards or
10 investment strategies.
11 (4) To assist in the development of and collaboration
12 within the one-stop delivery system.
13 (5) To develop, adopt and assure adherence to local
14 performance standards, quality assurance standards and
15 applied operating principles which are consistent with
16 criteria throughout the one-stop delivery system.
17 (6) To establish cooperative and collaborative
18 relationships with other local workforce investment boards
19 and, if appropriate, with the unified system governing bodies
20 of other states.
21 (7) To establish cooperative and collaborative
22 relationships with local transit agencies to provide
23 transportation services that effectively meet the workforce
24 needs of customers and the region. If the local workforce
25 investment board is unable to secure the cooperation of the
26 local transit agency the chair of the local board shall
27 notify the Chief Operating Officer of the board. The Chief
28 Operating Officer shall contact the Secretary of
29 Transportation to obtain assistance in securing the
30 cooperation of the local transit agency.
20020H2778B4639 - 26 -
1 [(7)] (8) To authorize use of local workforce investment
2 funds, including individual training accounts, where
3 applicable, for eligible customers, for any of the following
4 services:
5 (i) Core services shall be available to individuals
6 who are adults or dislocated workers through the one-stop
7 delivery system and shall, at a minimum, include all of
8 the following:
9 (A) Determinations of whether the individuals
10 are eligible to receive assistance.
11 (B) Outreach; intake, which may include worker
12 profiling; and orientation to the information and
13 other services available through the one-stop
14 delivery system.
15 (C) Initial assessment of skill levels,
16 aptitudes, abilities and supportive service needs.
17 (D) Job search and placement assistance and,
18 where appropriate, career counseling.
19 (E) Provision of employment statistics
20 information, including the provision of accurate
21 information relating to national, regional and local
22 labor market areas, such as:
23 (I) job vacancy listings in such labor
24 market areas;
25 (II) information on job skills necessary to
26 obtain the jobs described in subclause (I); and
27 (III) information relating to local
28 occupations in demand and the earnings and skill
29 requirements for such occupations.
30 (F) Provision of performance information and
20020H2778B4639 - 27 -
1 program cost information on eligible providers of
2 training services, provided by program, eligible
3 providers of youth activities, providers of adult
4 education, providers of postsecondary vocational
5 education activities and vocational education
6 activities available to school dropouts under the
7 Carl D. Perkins Vocational and Applied Technology
8 Education Act (Public Law 88-210, 20 U.S.C. § 2301 et
9 seq.) and providers of vocational rehabilitation
10 program activities described in the Rehabilitation
11 Act of 1973 (Public Law 93-112, 29 U.S.C. § 701 et
12 seq.).
13 (G) Provision of information regarding how the
14 local workforce investment area is performing on the
15 local performance measures and any additional
16 performance information with respect to the one-stop
17 delivery system in the local workforce investment
18 area.
19 (H) Provision of accurate information relating
20 to the availability of community college, technical
21 college and workforce development services, work
22 support services, including child care and
23 transportation, available in the local workforce
24 investment area and referral to such services as
25 appropriate.
26 (I) Provision of transitional support, including
27 information regarding filing claims for unemployment
28 compensation.
29 (J) Assistance in establishing eligibility for
30 welfare-to-work activities under section 403(a)(5) of
20020H2778B4639 - 28 -
1 the Social Security Act (49 Stat. 620, 42 U.S.C. §
2 603(a)(5)) available in the local workforce
3 investment area and programs of financial aid
4 assistance for training and education programs that
5 are not funded under this act and are available in
6 the local workforce investment area.
7 (K) Follow-up services, including counseling
8 regarding the workplace.
9 (ii) Intensive services:
10 (A) Intensive services shall be provided to
11 adults and dislocated workers who:
12 (I) are unemployed and are unable to obtain
13 employment through core services;
14 (II) have been determined by the one-stop
15 delivery system operator to be in need of more
16 intensive services in order to obtain employment;
17 or
18 (III) are employed but are determined by a
19 one-stop delivery system operator to be in need
20 of intensive services in order to obtain or
21 retain employment that allows for self-
22 sufficiency.
23 (B) Intensive services shall be provided through
24 the one-stop delivery system directly through one-
25 stop delivery system operators or through contracts
26 with service providers, which may include contracts
27 with public, private for-profit and private nonprofit
28 service providers, approved by the local workforce
29 investment board.
30 (C) Intensive services may include the
20020H2778B4639 - 29 -
1 following:
2 (I) Comprehensive and specialized
3 assessments of the skill levels and service needs
4 of adults and dislocated workers, which may
5 include diagnostic testing and use of other
6 assessment tools and in-depth interviewing and
7 evaluation to identify employment barriers and
8 appropriate employment goals.
9 (II) Development of an individual employment
10 plan to identify the employment goals,
11 appropriate achievement objectives and
12 appropriate combination of services for the
13 participant to achieve the employment goals.
14 (III) Group counseling.
15 (IV) Individual counseling and career
16 planning.
17 (V) Case management.
18 (VI) Short-term prevocational services,
19 including development of learning skills,
20 communication skills, interviewing skills,
21 punctuality, personal maintenance skills and
22 professional conduct to prepare individuals for
23 employment or training.
24 (iii) Training services:
25 (A) Training services shall be provided to
26 adults and dislocated workers who:
27 (I) have met the eligibility requirements
28 for intensive services and who are unable to
29 obtain or retain employment through such
30 services;
20020H2778B4639 - 30 -
1 (II) after an interview, evaluation or
2 assessment and case management, have been
3 determined by a one-stop delivery system operator
4 or one-stop delivery system partner to be in need
5 of training services and to have the skills and
6 qualifications to successfully participate in the
7 selected program of training services; and
8 (III) select programs of training services
9 which are directly linked to the employment
10 opportunities in the local workforce investment
11 area involved or in another area in which the
12 adults or dislocated workers receiving such
13 services are willing to relocate.
14 (B) Training services shall be limited to
15 individuals who are unable to obtain other grant
16 assistance for such services, including Federal Pell
17 Grants established under Title IV of the Higher
18 Education Act of 1965 (Public Law 89-329, 20 U.S.C. §
19 1070 et seq.), or require assistance beyond the
20 assistance made available under other grant
21 assistance programs, including Federal Pell Grants.
22 (C) Training services may include:
23 (I) Occupational skills training, including
24 training for nontraditional employment.
25 (II) On-the-job training.
26 (III) Programs which combine workplace
27 training with related instruction, including
28 cooperative education programs.
29 (IV) Training programs operated by the
30 private sector.
20020H2778B4639 - 31 -
1 (V) Skill upgrading and retraining.
2 (VI) Entrepreneurial training.
3 (VII) Job readiness training.
4 (VIII) Adult education and literacy
5 activities provided in combination with services
6 described in any of subclauses (I) through (VII).
7 (IX) Customized training conducted with a
8 commitment by an employer or group of employers
9 to employ an individual upon successful
10 completion of the training.
11 [(8)] (9) To compile an annual report to be submitted to
12 the board by a deadline to be determined by the board. This
13 report shall include, at a minimum:
14 (i) a list of the membership of the local workforce
15 investment board, including the name, affiliation,
16 address, telephone number, telefax number and electronic
17 mail address;
18 (ii) the negotiated local level of performance;
19 (iii) the level of performance achieved, including
20 an analysis of the strengths and weaknesses;
21 (iv) the programs participated in; and
22 (v) a list of the local eligible service providers.
23 Section 11. Chapter 7 of the act is repealed.
24 Section 12. The act is amended by adding chapters to read:
25 CHAPTER 7-A
26 CRITICAL JOB TRAINING GRANTS
27 Section 701-A. Purpose.
28 The purpose of this chapter is to expand the coordination of
29 the resources within the unified system and to enhance the
30 leadership of the workforce investment system, particularly with
20020H2778B4639 - 32 -
1 reference to the resources under the control and direction of
2 the participating agencies as defined in this act. This grant
3 program shall be agile, flexible and responsive to the immediate
4 and long-term training needs of job seekers, private businesses
5 and the workforce regions of the Commonwealth. The coordination
6 and leveraging of resources within the workforce investment
7 system is crucial to the effective delivery of services to the
8 employers and residents of this Commonwealth.
9 Section 702-A. Definitions.
10 The following words and phrases when used in this chapter
11 shall have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Critical job training." Training for dislocated workers and
14 underemployed workers, for occupations with immediate skill
15 needs, for high-demand jobs or jobs with a shortage of skilled
16 workers, as identified by the Pennsylvania Workforce Investment
17 Board and the participating agencies.
18 "Dislocated worker." A person who meets any one of the
19 following conditions:
20 (1) Has been terminated or laid off, or who has received
21 notice of termination or layoff, and is eligible for or has
22 exhausted unemployment compensation benefits.
23 (2) Is unlikely to return to the industry or occupation
24 in which the individual was employed.
25 (3) Has been terminated or received notice of
26 termination as a result of the permanent closure or
27 relocation of a plant, facility or plant operation in which
28 the individual was employed.
29 (4) Is chronically unemployed.
30 (5) Has limited opportunities of employment in the
20020H2778B4639 - 33 -
1 geographic area in which the individual resides.
2 (6) Is an individual who may face substantial barriers
3 to employment because of age or disability.
4 "Eligible applicant." Providers of workforce services and
5 activities, including, but not limited to: public agencies,
6 nonprofit organizations and private providers COMPANIES; a local <--
7 education agency; an industrial resource center; an economic
8 development organization certified by the Department of
9 Community and Economic Development; a greenhouse; a private
10 company; a labor organization; a local workforce investment
11 board.
12 "Greenhouse." A nonprofit organization recognized under
13 section 501 (c)(3) of the Internal Revenue Code of 1986 (Public
14 Law 99-514, 26 U.S.C. § 1 et seq.) that is formed for the
15 express purpose of creating university/business partnerships to
16 advance science and technology and to support economic and
17 workforce development.
18 "Industrial resource center." An industrial resource center
19 as defined by the act of June 22, 2001 (P.L.400, No.31), known
20 as the Industrial Resources Center Partnership Act.
21 "Local education agency." A Pennsylvania institution
22 certified by the Department of Education, which may include any
23 of the following:
24 (1) Area vocational-technical schools.
25 (2) Community, technical and junior colleges.
26 (3) Intermediate units.
27 (4) Licensed private/proprietary business and trade
28 schools.
29 (5) Public school districts.
30 (6) State or private colleges and universities.
20020H2778B4639 - 34 -
1 "Private company." A business, professional service company
2 or other enterprise. The term may include a group of two or more
3 private companies operating as a consortium in order to take
4 advantage of a common training program.
5 "Underemployed worker." A person requiring skill training to
6 meet industry skill demands or to increase his employment
7 opportunities.
8 Section 703-A. Program operation.
9 The Chief Operating Officer of the board shall manage the
10 operation of this program, with appropriate agency staffing
11 support as determined by the participating agencies and the
12 Governor. The Chief Operating Officer shall work with the
13 participating agencies and local workforce investment boards to
14 identify sources of Federal and State funds to be used for these
15 grants. The Chief Operating Officer shall award grants to
16 eligible applicants for projects that are consistent with the
17 criteria set forth in section 704-A.
18 Section 704-A. Grants.
19 (a) Single application.--There shall be a single multiagency
20 application for the grants awarded under this chapter. An
21 application must demonstrate:
22 (1) The number of dislocated workers or others that will
23 receive training.
24 (2) The existence of job opportunities directly related
25 to the training.
26 (3) How the training will support growth industries
27 within this Commonwealth which are identified in the
28 strategic plan of the local workforce investment board or by
29 industry clusters identified by the participating agencies
30 and the Pennsylvania Workforce Investment Board.
20020H2778B4639 - 35 -
1 (4) Private sector participation in training design and
2 placement of training recipients.
3 (b) Applications and guidelines.--The Chief Operating
4 Officer, in consultation with the board and local workforce
5 investment boards, shall develop grant applications, establish
6 guidelines, develop forms and institute such procedures,
7 including the utilization of participating agency resources, as
8 may be necessary to implement the provisions of this chapter.
9 (c) Information.--The Chief Operating Officer shall require
10 such information and records from each applicant and its
11 authorized training providers as deemed necessary to carry out
12 its responsibilities under this chapter.
13 (d) Limitations.--A local workforce investment board, a
14 certified economic development organization and a greenhouse may
15 not serve as a training provider for these grants.
16 (e) Funding sources.--Beginning with the 2003-2004 fiscal
17 year, and each year thereafter, the Governor shall recommend the
18 sources and levels of funding for this program for all of the
19 participating agencies, as defined in this chapter, in the
20 budget submitted to the General Assembly for that fiscal year.
21 (f) Board recommendations.--For the 2003-2004 fiscal year,
22 and each year thereafter, the board may recommend to the
23 Governor the sources and levels of funding from the
24 participating agencies, as defined in this chapter, for the
25 grants. The board may also recommend changes in the operation of
26 the program. The recommendations to the Governor shall be made
27 after the board consults with local workforce investment boards,
28 secondary schools and postsecondary institutions.
29 (g) Funding priorities.--Priority for grants for the fiscal
30 year 2003-2004 shall be given to workforce recruitment,
20020H2778B4639 - 36 -
1 retention and advanced training within the fields of health
2 care, long-term care and home and community-based services.
3 Section 705-A. 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 the appropriate Commonwealth agency or agencies
7 shall enter into a contract with an eligible applicant to
8 provide critical job training grants to the extent of funds
9 identified by participating agencies for this purpose.
10 Notwithstanding the act of December 20, 1985 (P.L.492, No.116),
11 known as the Customized Job Training Act, or its successor
12 provisions, the Department of Community and Economic Development
13 may use funds appropriated under the act to provide critical job
14 training grants to eligible applicants.
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 technical colleges; and institutions with baccalaureate and
20020H2778B4639 - 37 -
1 graduate degree programs.
2 (2) Assistance to local workforce investment areas to
3 address the establishment of a community college or technical
4 college and to expand community college or technical college
5 services in the area.
6 (3) Agile, flexible and responsive training programming
7 for incumbent workers.
8 (b) Curriculum concentrations.--The curriculum and programs
9 under subsection (a)(1) shall be focused on three cluster areas:
10 Bio-Technology/Life Sciences; Information Technology/Opto-
11 Electronics and Advanced Manufacturing and Materials.
12 (c) Business interaction.--The programs under subsection
13 (a)(1) must be developed and continue to operate with direct
14 business interaction in the curriculum, the recruitment of
15 students, internships and the placement of graduates. The
16 application and use of nanotechnology shall be an integral part
17 of postsecondary instruction with exposure to this technology
18 for students at the secondary level.
19 (d) Award of grants.--Workforce leadership grants shall be
20 awarded for each of the three cluster areas in subsection (a)(1)
21 to applicants demonstrating substantial program integration
22 across educational levels and with a significant number of
23 participating institutions. Applicants able to leverage other
24 funding and programming resources shall receive additional
25 consideration in the determination of awards.
26 Section 903. Program operation.
27 The Chief Operating Officer, in consultation COLLABORATION <--
28 with the participating agencies and ON BEHALF OF the board, <--
29 shall manage the operation of this program, establish guidelines
30 and an application process for the grants, develop such forms
20020H2778B4639 - 38 -
1 and institute procedures to implement this program, determine
2 the distribution of funds, and determine the approved
3 applications for innovative programs as established in section
4 902. Appropriate agency staffing support as determined by the
5 participating agencies and the Governor shall be provided for
6 the operation of this program. The appropriate participating
7 agency or agencies shall enter into a contract with an eligible
8 applicant to provide workforce leadership grants from funds
9 appropriated for this purpose or from funds identified by the
10 participating agencies for this purpose.
11 CHAPTER 11
12 TAP WORKFORCE DEVELOPMENT
13 SCHOLARSHIP ACCOUNTS
14 Section 1101. Establishment.
15 (a) Establishment.--Every local workforce investment board
16 that has become a not-for-profit corporation as defined by
17 subsection (c)(3) of section 501 of the Internal Revenue Code of
18 1986 (Public Law 99-514, 26 U.S.C § 501(c)(3)) may establish TAP
19 workforce development scholarship accounts.
20 (b) Operation.--Each local workforce investment board
21 establishing TAP workforce development scholarship accounts
22 shall establish and operate such accounts pursuant to the
23 Treasury Department's rules, regulations, and practices for such
24 accounts.
25 (c) Type of investments.--Local workforce investment boards
26 may only establish TAP workforce development scholarship
27 accounts using the Treasury Department's Tuition Account
28 Investment Program.
29 Section 1102. Joint TAP workforce development scholarship
30 accounts.
20020H2778B4639 - 39 -
1 Two or more local workforce investment boards may together
2 establish joint TAP workforce development scholarship accounts,
3 provided that the establishment of such joint accounts includes
4 rules that specify how the funds in such accounts shall be
5 divided between the local workforce investment boards to fund
6 workforce development training scholarships. Such rules may be
7 changed at any time subject to the agreement of all the involved
8 local workforce investment boards.
9 Section 1103. Funding of scholarship accounts.
10 TAP workforce development scholarship accounts may be funded
11 by private donations, the Federal Government, political
12 subdivisions of this Commonwealth, and any postsecondary
13 institution. Private donations made by a business firm for TAP
14 workforce development scholarship accounts shall not exceed
15 $300,000 annually per business. For the purposes of this
16 chapter, a business firm shall be defined as an entity
17 authorized to do business in this Commonwealth and subject to
18 taxes imposed under Article IV, VI, VII, VII-A, VIII, VIII-A, IX
19 or XV of the act of March 4, 1971 (P.L.6, No.2), known as the
20 Tax Reform Code of 1971.
21 Section 1104. Use of TAP workforce development scholarship
22 accounts.
23 (a) Utilization.--A local workforce investment board shall
24 use the TAP workforce development scholarship accounts to
25 provide scholarships for workforce development training to
26 individuals residing in its local workforce investment area. A
27 local workforce investment board shall give priority to the
28 awarding of TAP workforce development scholarships to persons
29 seeking training in industry clusters or in skill training needs
30 identified in its local workforce investment plan provided under
20020H2778B4639 - 40 -
1 section 504.
2 (b) Awards.--
3 (1) A local workforce investment board may award a
4 scholarship for training to be received outside of its local
5 workforce investment area.
6 (2) A local workforce investment board may award a
7 scholarship for training to be received outside of this
8 Commonwealth providing the recipient is employed within this
9 Commonwealth.
10 Section 1105. Consultations with Treasury Department.
11 Each local workforce investment board that has TAP workforce
12 development scholarship accounts shall annually discuss the
13 performance of the accounts with the Treasury Department.
14 Section 1106. Consultations with Treasury Department.
15 The COO of the Pennsylvania Workforce Investment Board shall
16 annually discuss the performance of the TAP workforce
17 development scholarship accounts with the Treasury Department.
18 CHAPTER 13
19 SELF-EMPLOYED ASSISTANCE
20 Section 1301. Definitions.
21 The following words and phrases when used in this chapter
22 shall have the meanings given to them in this section unless the
23 context clearly indicates otherwise:
24 "Department." The Department of Labor and Industry of the
25 Commonwealth.
26 "Full-time basis." The devoting of the amount of time
27 prescribed by the Department of Labor and Industry to be
28 necessary for a program participant to establish a business and
29 become self-employed.
30 "Program." The self-employment assistance program
20020H2778B4639 - 41 -
1 established in section 1302.
2 "Program participant." An individual:
3 (1) who, at the discretion of the Department of Labor
4 and Industry, is selected for participation in the program
5 from among individuals who are eligible for regular benefits
6 and are identified through a worker profiling system as
7 likely to exhaust regular benefits;
8 (2) who is eligible for funding for participation in the
9 program;
10 (3) for whom funding for participation in the program is
11 available; and
12 (4) who has not been terminated from or voluntarily left
13 the program.
14 "Regular benefits." Benefits payable to an individual under
15 the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1),
16 known as the Unemployment Compensation Law, or unemployment
17 compensation benefits payable to Federal civilian employees and
18 to ex-service members pursuant to Federal law, other than
19 additional and extended benefits.
20 "Self-employment assistance activities." Activities,
21 including entrepreneurial training, business counseling and
22 technical assistance, which are approved by the Department of
23 Labor and Industry for the program participant. These activities
24 may be provided by either the Department of Labor and Industry
25 or its designated service provider.
26 "Self-employment assistance allowance." An allowance which
27 is in lieu of regular benefits and funded in the same manner as
28 regular benefits and which is payable to a program participant
29 who meets the requirements of this chapter.
30 "Unemployment Compensation Law." The act of December 5, 1936
20020H2778B4639 - 42 -
1 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment
2 Compensation Law.
3 Section 1302. Program.
4 The department shall establish a self-employment assistance
5 program subject to the availability of funds necessary for the
6 program. The department may implement the program on a pilot
7 basis. Information about the program shall be made available to
8 potential program participants.
9 Section 1303. Self-employment assistance allowance.
10 Subject to the provisions of section 1504, the weekly self-
11 employment assistance allowance payable under this chapter to a
12 program participant shall be equal to the weekly benefit amount
13 for regular benefits otherwise payable. The sum of the
14 allowances paid under this chapter and regular benefits paid
15 with respect to any benefit year shall not exceed the maximum
16 amount payable for the benefit year under section 404 of the
17 Unemployment Compensation Law.
18 Section 1304. Eligibility.
19 (a) General rule.--The self-employment assistance allowance
20 described in section 1503 shall be payable to a program
21 participant who participates in self-employment assistance
22 activities and who is actively engaged on a full-time basis in
23 efforts to establish a business and become self-employed. The
24 self-employment assistance allowance shall be payable at the
25 same interval, on the same terms and subject to the same
26 conditions as regular benefits, except as follows:
27 (1) The requirements of sections 401(d)(1) and 402(a) of
28 the Unemployment Compensation Law are not applicable to the
29 program participant.
30 (2) The requirements of sections 402(h) and 404(d)(1) of
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1 the Unemployment Compensation Law are not applicable to
2 income earned from self-employment by the program
3 participant.
4 (3) The program participant shall be considered to be
5 unemployed under sections 401 and 402 of the Unemployment
6 Compensation Law.
7 (b) Ineligibility.--A program participant who fails to
8 participate in self-employment assistance activities or who
9 fails to actively engage on a full-time basis in efforts to
10 establish a business and become self-employed shall be
11 ineligible for a self-employment assistance allowance for a week
12 in which such failure occurs.
13 Section 1305. Termination.
14 A program participant may be terminated from the program by
15 the department if the individual fails to participate in self-
16 employment assistance activities or fails to actively engage on
17 a full-time basis in efforts to establish a business and become
18 self-employed. Individuals who are terminated from or
19 voluntarily leave the program may receive, if otherwise
20 eligible, regular benefits with respect to the benefit year,
21 provided that the sum of regular benefits paid and self-
22 employment assistance allowances paid with respect to the
23 benefit year shall not exceed the maximum amount payable for the
24 benefit year under section 404 of the Unemployment Compensation
25 Law.
26 Section 1306. Limitation.
27 For a specific time period, the number of program
28 participants receiving a self-employment assistance allowance
29 under this chapter shall not exceed 5% of the number of
30 individuals receiving regular benefits during that time period.
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1 Section 1307. Costs.
2 Self-employment assistance allowances paid under this chapter
3 shall be charged to employers as regular benefits are charged
4 under the Unemployment Compensation Law.
5 Section 1308. Applicability of Unemployment Compensation Law.
6 (a) General.--Except where inconsistent with this chapter,
7 all terms and conditions of Federal law and the Unemployment
8 Compensation Law applicable to regular benefits shall be
9 applicable to self-employment assistance allowances under this
10 chapter.
11 (b) Specific.--Article V of the Unemployment Compensation
12 Law shall apply to determinations under this chapter.
13 Section 1309. Rules and regulations.
14 The department may promulgate regulations to carry out the
15 purposes of this chapter.
16 Section 1310. Report to General Assembly.
17 (a) General rule.--The department shall make a report of the
18 program to the Labor and Industry Committee of the Senate and
19 the Labor Relations Committee of the House of Representatives by
20 March 1 of each year.
21 (b) Content.--The report shall include annual data on the
22 number of program participants and the number of businesses
23 developed under the program, business survival data, the cost of
24 operating the program, compliance with program requirements and
25 data related to business income, the number of employees and
26 wages paid in the new businesses and the incidence and duration
27 of unemployment after business start-up. The report may also
28 include any recommended changes in the program.
29 Section 1311. Notice.
30 If the Secretary of Labor and Industry determines that
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1 Federal Law no longer authorizes the provisions of this chapter,
2 the secretary shall transmit notice of the determination to the
3 Legislative Reference Bureau for publication in the Pennsylvania
4 Bulletin. In the notice the secretary shall specify, as the
5 expiration date of this chapter, the date of the last day of the
6 week preceding the date on which Federal law no longer
7 authorizes the provisions of this chapter.
8 Section 1312. Expiration.
9 This chapter shall expire on the date specified in the notice
10 under section 1311.
11 CHAPTER 15
12 WORKFORCE DEVELOPMENT COURSES
13 Section 1501. Reimbursement for community colleges. and <--
14 technical colleges.
15 (a) Calculation.--Community colleges and technical colleges <--
16 offering noncredit courses defined in this chapter as "workforce
17 development courses" shall be reimbursed by the Commonwealth
18 using 100% of the reimbursement factor utilized for credit
19 courses under section 1913-A of the act of March 10, 1949
20 (P.L.30, No.14), known as the Public School Code of 1949.
21 (b) Priorities.--The priorities of the Commonwealth and its
22 needs for education and training of workers and potential
23 workers shall be considered in changes and additions to the
24 subject matter of workforce development courses.
25 (c) Course sites.--Noncredit workforce development courses
26 may be offered by a community college or a technical college at <--
27 an off-campus site, at any of its facilities or through any form
28 of distance education.
29 Section 1502. Definition.
30 For the purposes of this chapter, the term "workforce
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1 development courses" is defined as those noncredit courses
2 having the specific purpose of providing opportunities for
3 students and incumbent workers to develop and/or upgrade skills
4 necessary or useful in gainful employment, for promotion or
5 other similar opportunities in existing employment, or for
6 learning new job skills. The subject matter of noncredit
7 workforce development courses may encompass, but is not limited
8 to, instruction in any of the following general areas:
9 (1) Computers and information processing and technology,
10 including the study of both hardware and software
11 applications.
12 (2) Management, supervision and basic employability
13 skills, including, but not limited to, working in teams,
14 management and supervisory skills, effective interpersonal
15 relations, problem solving, self-management strategies,
16 project management and the application of Federal and State
17 laws to the workplace.
18 (3) Health professional and allied health job skills.
19 (4) Technical, manufacturing and service industries,
20 including, but not limited to, jobs in such fields as
21 powdered metals, machine tool and die-making, electronics,
22 safety, plastics technology, hydraulics, construction,
23 warehouse/materials management, automotive repair and
24 management, heating, ventilation and air conditioning,
25 refrigeration and tourism.
26 (5) Adult literacy, including, but not limited to, adult
27 basic education, the general educational development (GED)
28 diploma and English as a second language.
29 (6) Continuing professional education courses.
30 Section 13. Section 4903 of the act is repealed.
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1 Section 14. The following acts and parts of acts are
2 repealed to the extent specified:
3 Act of November 26, 1997 (P.L.504, No.54), known as the Self-
4 Employment Assistance Program Act, absolutely.
5 Section 1913-A of the act of March 10, 1949 (P.L.30, No.14),
6 known as the Public School Code of 1949, insofar as it is
7 inconsistent with this act.
8 Section 15. The addition of Chapter 13 of the act is a
9 continuation of the act of November 26, 1997 (P.L.504, No.54),
10 known as the Self-Employment Assistance Program Act. The
11 following apply:
12 (1) Except as set forth in paragraph (2), any difference
13 in language between the Self-Employment Assistance Program
14 Act and Chapter 13 of the act is intended only to conform to
15 the style of the act and is not intended to change or affect
16 the legislative intent, judicial construction or
17 administration and implementation of the Self-Employment
18 Assistance Program Act.
19 (2) Paragraph (1) does not apply to the following
20 provisions of Chapter 13 of the act:
21 (i) The definitions of "full-time basis" and "self-
22 employment assistance activities" in section 1301.
23 (ii) Section 1311.
24 Section 16. The provisions of section 302(d) of the act
25 shall expire March 1, 2003.
26 Section 17. This act shall take effect as follows:
27 (1) Except for operations described in Chapters 7-A, 9
28 and 11 of the act, section 304 of the act shall take effect
29 March 1, 2003.
30 (2) The amendment or addition of section 306 and Chapter
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1 15 of the act shall take effect July 1, 2003.
2 (3) The remainder of this act shall take effect
3 immediately.
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