PRINTER'S NO. 489
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
501
Session of
2019
INTRODUCED BY KAUFER, BERNSTINE, DUNBAR, MILLARD, PYLE AND
SAYLOR, FEBRUARY 12, 2019
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, FEBRUARY 12, 2019
AN ACT
Amending the act of December 18, 2001 (P.L.949, No.114),
entitled "An act establishing a unified workforce investment
system; restructuring certain administrative functions,
procedures and entities; transferring workforce development
functions of Commonwealth agencies; establishing the
Pennsylvania Workforce Investment Board; providing for
critical job training grants, for guarantees for program
quality and performance for workforce development programs,
for workforce leadership grants and for industry
partnerships; establishing the Keystone Works Program; and
authorizing local workforce investment boards," in board,
providing for local program accountability.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of December 18, 2001 (P.L.949, No.114),
known as the Workforce Development Act, is amended by adding a
section to read:
Section 306. Local program accountability.
(a) Authorization.--Local workforce investment boards shall
implement program provider accountability measures in accordance
with this section.
(b) Limitation.--No funds, whether appropriated by the
Federal Government and designated by the Governor for workforce
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development or specifically appropriated by State government for
workforce investment, may be distributed to a failed workforce
investment program in a local area.
(c) Failure to meet negotiated performance goals.--If a
local workforce investment board fails to meet its negotiated
goals, the local workforce investment board shall identify which
programs are responsible for the failure and take remedial
action. The following apply:
(1) The first time a program is identified as
responsible for a failure to meet a negotiated performance
goal, the local workforce investment board shall notify the
program provider, and the provider shall submit an
improvement plan to the local workforce development board.
(2) If a program is identified as responsible for a
failure to meet a negotiated performance goal in two
consecutive years, or in any two of three consecutive years,
the local workforce investment board shall notify the program
provider and the board that the program has been designated
as a failed program.
(3) A failed program shall not be eligible to receive
funding from the local workforce investment board. The
following apply:
(i) The local workforce investment board shall
terminate its involvement with a failed program and
cancel any applicable contract with the program provider
within 10 business days of the program's designation as a
failed program under paragraph (2).
(ii) Funds dedicated to a failed program may be
reallocated to:
(A) an existing program in the local area that
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has not been identified as responsible for a failure
to meet a negotiated performance goal; or
(B) a new workforce investment program in the
local area.
(d) Program provider contracts.--Contracts between local
workforce investment boards and program providers shall:
(1) Require the cancellation of the contract when a
program has been identified as a failed program under
subsection (b).
(2) Include specific and measurable program goals for
each program.
(3) Allow the local workforce investment board to cancel
the contract if the local workforce investment board
determines that the program has failed to meet its measurable
goals.
(e) Annual reports.--
(1) Each local workforce investment board shall include
information about remedial actions taken against program
providers under subsections (c) and (d) in its annual report
to the board.
(2) The board shall include a summary of the information
provided by local workforce investment boards in the board's
annual report to the General Assembly.
(f) Applicability and effect of section.--
(1) This section shall only apply to contracts executed
on or after the effective date of this section.
(2) This section shall not be construed to impair any
contract executed prior to the effective date of this
section.
Section 2. This act shall take effect in 60 days.
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