29 U.S.C. § 3151 — Establishment of one-stop delivery sys-

Page 853 TITLE 29—LABOR § 3151 ment pay-for-performance contract strategies for the delivery of training services described in section 3174(c)(3) of this title or activities de- scribed in section 3164(c)(2) of this title in the local areas served by the local boards. (i) Fiscal and management accountability infor- mation systems (1) In general Using funds authorized under a core program and made available to carry out this subpart, the Governor, in coordination with the State board, the State agencies administering the core programs, local boards, and chief elected officials in the State, shall establish and oper- ate a fiscal and management accountability information system based on guidelines estab- lished by the Secretary of Labor and the Sec- retary of Education after consultation with the Governors of States, chief elected officials, and one-stop partners. Such guidelines shall promote efficient collection and use of fiscal and management information for reporting and monitoring the use of funds authorized under the core programs and for preparing the annual report described in subsection (d). (2) Wage records In measuring the progress of the State on State and local performance accountability measures, a State shall utilize quarterly wage records, consistent with State law. The Sec- retary of Labor shall make arrangements, con- sistent with State law, to ensure that the wage records of any State are available to any other State to the extent that such wage records are required by the State in carrying out the State plan of the State or completing the annual report described in subsection (d). (3) Confidentiality In carrying out the requirements of this Act, the State shall comply with section 1232g of title 20. (Pub. L. 113–128, title I, § 116, July 22, 2014, 128 Stat. 1471; Pub. L. 114–18, § 2(c), May 22, 2015, 129 Stat. 213.) Editorial Notes REFERENCES IN TEXT The Wagner-Peyser Act, referred to in subsec. (b)(2)(A)(i), (3)(A)(ii)(V), is act June 6, 1933, ch. 49, 48 Stat. 113, which is classified generally to chapter 4B (§ 49 et seq.) of this title. Sections 1 to 13 of the Act are classified to sections 49 to 49c, 49d, and 49e to 49l of this title, respectively. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 49 of this title and Tables. The Rehabilitation Act of 1973, referred to in subsecs. (b)(2)(A)(i), (3)(A)(ii)(VI) and (e)(1), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355. Title I of the Act is classified generally to subchapter I (§ 720 et seq.) of chapter 16 of this title. Part C of title I of the Act is classified gen- erally to part C (§ 741) of subchapter I of chapter 16 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 701 of this title and Tables. The Government Performance and Results Act of 1993, referred to in subsec. (b)(3)(A)(vi), is Pub. L. 103–62, Aug. 3, 1993, 107 Stat. 285, which enacted section 306 of Title 5, Government Organization and Employ- ees, sections 1115 to 1119, 9703, and 9704 of Title 31, Money and Finance, and sections 2801 to 2805 of Title 39, Postal Service, amended section 1105 of Title 31, and en- acted provisions set out as notes under sections 1101 and 1115 of Title 31. For complete classification of this Act to the Code, see Short Title of 1993 Amendment note set out under section 1101 of Title 31 and Tables. This Act, referred to in subsec. (i)(3), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, known as the Work- force Innovation and Opportunity Act, which enacted this chapter, repealed chapter 30 (§ 2801 et seq.) of this title and chapter 73 (§ 9201 et seq.) of Title 20, Edu- cation, and made amendments to numerous other sec- tions and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. AMENDMENTS 2015—Subsec. (b)(2)(A)(iv). Pub. L. 114–18, § 2(c)(1), sub- stituted ‘‘clause (i)(VI)’’ for ‘‘clause (i)(IV)’’. Subsec. (g)(1). Pub. L. 114–18, § 2(c)(2), struck out ‘‘for a program described in subsection (d)(2)(A)’’ after ‘‘part B’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–18 effective as if included in the Workforce Innovation and Opportunity Act [Pub. L. 113–128], see § 2(f) of Pub. L. 114–18, set out as a note under section 3112 of this title. EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. PART B—WORKFORCE INVESTMENT ACTIVITIES AND PROVIDERS Statutory Notes and Related Subsidiaries DEFINITION OF ‘‘SECRETARY’’ In this part, Secretary means the Secretary of Labor, see section 3151(b)(1)(C)(ii)(II) of this title. SUBPART 1—WORKFORCE INVESTMENT ACTIVITIES AND PROVIDERS § 3151. Establishment of one-stop delivery sys- tems (a) In general Consistent with an approved State plan, the local board for a local area, with the agreement of the chief elected official for the local area, shall— (1) develop and enter into the memorandum of understanding described in subsection (c) with one-stop partners; (2) designate or certify one-stop operators under subsection (d); and (3) conduct oversight with respect to the one-stop delivery system in the local area. (b) One-stop partners (1) Required partners (A) Roles and responsibilities of one-stop partners Each entity that carries out a program or activities described in subparagraph (B) in a local area shall— (i) provide access through the one-stop delivery system to such program or activi- ties carried out by the entity, including making the career services described in Page 854 TITLE 29—LABOR § 3151 1 So in original. Another closing parenthesis probably should precede the semicolon. 2 See References in Text note below. section 3174(c)(2) of this title that are ap- plicable to the program or activities avail- able at the one-stop centers (in addition to any other appropriate locations); (ii) use a portion of the funds available for the program and activities to maintain the one-stop delivery system, including payment of the infrastructure costs of one- stop centers in accordance with subsection (h); (iii) enter into a local memorandum of understanding with the local board, relat- ing to the operation of the one-stop sys- tem, that meets the requirements of sub- section (c); (iv) participate in the operation of the one-stop system consistent with the terms of the memorandum of understanding, the requirements of this subchapter, and the requirements of the Federal laws author- izing the program or activities; and (v) provide representation on the State board to the extent provided under section 3111 of this title. (B) Programs and activities The programs and activities referred to in subparagraph (A) consist of— (i) programs authorized under this sub- chapter; (ii) programs authorized under the Wag- ner-Peyser Act (29 U.S.C. 49 et seq.); (iii) adult education and literacy activi- ties authorized under subchapter II; (iv) programs authorized under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.) (other than section 112 or part C of title I of such Act (29 U.S.C. 732, 741); 1 (v) activities authorized under title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.); (vi) career and technical education pro- grams at the postsecondary level author- ized under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.); (vii) activities authorized under chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.); (viii) activities authorized under chapter 41 of title 38; (ix) employment and training activities carried out under the Community Services Block Grant Act (42 U.S.C. 9901 et seq.); (x) employment and training activities carried out by the Department of Housing and Urban Development; (xi) programs authorized under State un- employment compensation laws (in ac- cordance with applicable Federal law); (xii) programs authorized under section 60532 2 of title 34; and (xiii) programs authorized under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), subject to subparagraph (C). (C) Determination by the Governor (i) In general An entity that carries out a program re- ferred to in subparagraph (B)(xiii) shall be included in the one-stop partners for the local area, as a required partner, for pur- poses of this Act and the other core pro- gram provisions that are not part of this Act, unless the Governor provides the noti- fication described in clause (ii). (ii) Notification The notification referred to in clause (i) is a notification that— (I) is made in writing of a determina- tion by the Governor not to include such entity in the one-stop partners described in clause (i); and (II) is provided to the Secretary of Labor (referred to in this part, and parts C through E, as the ‘‘Secretary’’) and the Secretary of Health and Human Serv- ices. (2) Additional partners (A) In general With the approval of the local board and chief elected official, in addition to the enti- ties described in paragraph (1), other entities that carry out workforce development pro- grams described in subparagraph (B) may be one-stop partners for the local area and carry out the responsibilities described in paragraph (1)(A). (B) Programs The programs referred to in subparagraph (A) may include— (i) employment and training programs administered by the Social Security Ad- ministration, including the Ticket to Work and Self-Sufficiency Program estab- lished under section 1148 of the Social Se- curity Act (42 U.S.C. 1320b–19); (ii) employment and training programs carried out by the Small Business Admin- istration; (iii) programs authorized under section 2015(d)(4) of title 7; (iv) work programs authorized under sec- tion 2015(o) of title 7; (v) programs carried out under section 112 of the Rehabilitation Act of 1973 (29 U.S.C. 732); (vi) programs authorized under the Na- tional and Community Service Act of 1990 (42 U.S.C. 12501 et seq.); and (vii) other appropriate Federal, State, or local programs, including employment, education, and training programs provided by public libraries or in the private sector. (c) Memorandum of understanding (1) Development The local board, with the agreement of the chief elected official, shall develop and enter into a memorandum of understanding (be- tween the local board and the one-stop part- ners), consistent with paragraph (2), con- cerning the operation of the one-stop delivery system in the local area. Page 855 TITLE 29—LABOR § 3151 (2) Contents Each memorandum of understanding shall contain— (A) provisions describing— (i) the services to be provided through the one-stop delivery system consistent with the requirements of this section, in- cluding the manner in which the services will be coordinated and delivered through such system; (ii) how the costs of such services and the operating costs of such system will be funded, including— (I) funding through cash and in-kind contributions (fairly evaluated), which contributions may include funding from philanthropic organizations or other pri- vate entities, or through other alter- native financing options, to provide a stable and equitable funding stream for ongoing one-stop delivery system oper- ations; and (II) funding of the infrastructure costs of one-stop centers in accordance with subsection (h); (iii) methods of referral of individuals between the one-stop operator and the one- stop partners for appropriate services and activities; (iv) methods to ensure the needs of workers and youth, and individuals with barriers to employment, including individ- uals with disabilities, are addressed in the provision of necessary and appropriate ac- cess to services, including access to tech- nology and materials, made available through the one-stop delivery system; and (v) the duration of the memorandum of understanding and the procedures for amending the memorandum during the du- ration of the memorandum, and assurances that such memorandum shall be reviewed not less than once every 3-year period to ensure appropriate funding and delivery of services; and (B) such other provisions, consistent with the requirements of this subchapter, as the parties to the agreement determine to be ap- propriate. (d) One-stop operators (1) Local designation and certification Consistent with paragraphs (2) and (3), the local board, with the agreement of the chief elected official, is authorized to designate or certify one-stop operators and to terminate for cause the eligibility of such operators. (2) Eligibility To be eligible to receive funds made avail- able under this part to operate a one-stop cen- ter referred to in subsection (e), an entity (which may be a consortium of entities)— (A) shall be designated or certified as a one-stop operator through a competitive process; and (B) shall be an entity (public, private, or nonprofit), or consortium of entities (includ- ing a consortium of entities that, at a min- imum, includes 3 or more of the one-stop partners described in subsection (b)(1)), of demonstrated effectiveness, located in the local area, which may include— (i) an institution of higher education; (ii) an employment service State agency established under the Wagner-Peyser Act (29 U.S.C. 49 et seq.), on behalf of the local office of the agency; (iii) a community-based organization, nonprofit organization, or intermediary; (iv) a private for-profit entity; (v) a government agency; and (vi) another interested organization or entity, which may include a local chamber of commerce or other business organiza- tion, or a labor organization. (3) Exception Elementary schools and secondary schools shall not be eligible for designation or certifi- cation as one-stop operators, except that non- traditional public secondary schools and area career and technical education schools may be eligible for such designation or certification. (4) Additional requirements The State and local boards shall ensure that in carrying out activities under this sub- chapter, one-stop operators— (A) disclose any potential conflicts of in- terest arising from the relationships of the operators with particular training service providers or other service providers; (B) do not establish practices that create disincentives to providing services to indi- viduals with barriers to employment who may require longer-term services, such as intensive employment, training, and edu- cation services; and (C) comply with Federal regulations, and procurement policies, relating to the cal- culation and use of profits. (e) Establishment of one-stop delivery system (1) In general There shall be established in each local area in a State that receives an allotment under section 3172(b) of this title a one-stop delivery system, which shall— (A) provide the career services described in section 3174(c)(2) of this title; (B) provide access to training services as described in section 3174(c)(3) of this title, including serving as the point of access to training services for participants in accord- ance with section 3174(c)(3)(G) of this title; (C) provide access to the employment and training activities carried out under section 3174(d) of this title, if any; (D) provide access to programs and activi- ties carried out by one-stop partners de- scribed in subsection (b); and (E) provide access to the data, informa- tion, and analysis described in section 15(a) of the Wagner-Peyser Act (29 U.S.C. 49l–2(a)) and all job search, placement, recruitment, and other labor exchange services authorized under the Wagner-Peyser Act (29 U.S.C. 49 et seq.). (2) One-stop delivery The one-stop delivery system— Page 856 TITLE 29—LABOR § 3151 (A) at a minimum, shall make each of the programs, services, and activities described in paragraph (1) accessible at not less than 1 physical center in each local area of the State; and (B) may also make programs, services, and activities described in paragraph (1) avail- able— (i) through a network of affiliated sites that can provide 1 or more of the pro- grams, services, and activities to individ- uals; and (ii) through a network of eligible one- stop partners— (I) in which each partner provides 1 or more of the programs, services, and ac- tivities to such individuals and is acces- sible at an affiliated site that consists of a physical location or an electronically or technologically linked access point; and (II) that assures individuals that infor- mation on the availability of the career services will be available regardless of where the individuals initially enter the statewide workforce development sys- tem, including information made avail- able through an access point described in subclause (I); (C) may have specialized centers to address special needs, such as the needs of dislocated workers, youth, or key industry sectors or clusters; and (D) as applicable and practicable, shall make programs, services, and activities ac- cessible to individuals through electronic means in a manner that improves efficiency, coordination, and quality in the delivery of one-stop partner services. (3) Colocation of Wagner-Peyser services Consistent with section 3(d) of the Wagner- Peyser Act (29 U.S.C. 49b(d)), and in order to improve service delivery, avoid duplication of services, and enhance coordination of services, including location of staff to ensure access to services in underserved areas, the employment service offices in each State shall be colocated with one-stop centers established under this subchapter. (4) Use of common one-stop delivery system identifier In addition to using any State or locally de- veloped identifier, each one-stop delivery sys- tem shall include in the identification of prod- ucts, programs, activities, services, facilities, and related property and materials, a common one-stop delivery system identifier. The iden- tifier shall be developed by the Secretary, in consultation with heads of other appropriate departments and agencies, and representatives of State boards and local boards and of other stakeholders in the one-stop delivery system, not later than the beginning of the second full program year after July 22, 2014. Such common identifier may consist of a logo, phrase, or other identifier that informs users of the one- stop delivery system that such products, pro- grams, activities, services, facilities, property, or materials are being provided through such system. Nothing in this paragraph shall be construed to prohibit one-stop partners, States, or local areas from having additional identifiers. (f) Application to certain vocational rehabilita- tion programs (1) Limitation Nothing in this section shall be construed to apply to part C of title I of the Rehabilitation Act of 1973 (29 U.S.C. 741). (2) Client assistance Nothing in this Act shall be construed to re- quire that any entity carrying out a client as- sistance program authorized under section 112 of the Rehabilitation Act of 1973 (29 U.S.C. 732)— (A) be included as a mandatory one-stop partner under subsection (b)(1); or (B) if the entity is included as an addi- tional one-stop partner under subsection (b)(2)— (i) violate the requirement of section 112(c)(1)(A) of that Act (29 U.S.C. 732(c)(1)(A)) that the entity be independent of any agency that provides treatment, services, or rehabilitation to individuals under that Act; or (ii) carry out any activity not authorized under section 112 of that Act (including ap- propriate Federal regulations). (g) Certification and continuous improvement of one-stop centers (1) In general In order to be eligible to receive infrastruc- ture funding described in subsection (h), the State board, in consultation with chief elected officials and local boards, shall establish ob- jective criteria and procedures for use by local boards in assessing at least once every 3 years the effectiveness, physical and programmatic accessibility in accordance with section 3248 of this title, if applicable, and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and continuous improvement of one-stop centers and the one-stop delivery system, con- sistent with the requirements of section 3111(d)(6) of this title. (2) Criteria The criteria and procedures developed under this subsection shall include standards relat- ing to service coordination achieved by the one-stop delivery system with respect to the programs administered by the one-stop part- ners at the one-stop centers. Such criteria and procedures shall— (A) be developed in a manner that is con- sistent with the guidelines, guidance, and policies provided by the Governor and by the State board, in consultation with the chief elected officials and local boards, for such partners’ participation under subsections (h)(1) and (i); and (B) include such factors relating to the ef- fectiveness, accessibility, and improvement of the one-stop delivery system as the State board determines to be appropriate, includ- ing at a minimum how well the one-stop center— Page 857 TITLE 29—LABOR § 3151 (i) supports the achievement of the nego- tiated local levels of performance for the indicators of performance described in sec- tion 3141(b)(2) of this title for the local area; (ii) integrates available services; and (iii) meets the workforce development and employment needs of local employers and participants. (3) Local criteria Consistent with the criteria developed under paragraph (1) by the State, a local board in the State may develop additional criteria (or high- er levels of service coordination than required for the State-developed criteria) relating to service coordination achieved by the one-stop delivery system, for purposes of assessments described in paragraph (1), in order to respond to labor market, economic, and demographic, conditions and trends in the local area. (4) Effect of certification One-stop centers certified under this sub- section shall be eligible to receive the infra- structure funding described in subsection (h). (5) Review and update The criteria and procedures established under this subsection shall be reviewed and updated by the State board or the local board, as the case may be, as part of the biennial process for review and modification of State and local plans described in sections 3112(c)(2) and 3123(a) of this title. (h) Funding of one-stop infrastructure (1) In general (A) Options for infrastructure funding (i) Local options The local board, chief elected officials, and one-stop partners described in sub- section (b)(1) in a local area may fund the costs of infrastructure of one-stop centers in the local area through— (I) methods agreed on by the local board, chief elected officials, and one- stop partners (and described in the memorandum of understanding described in subsection (c)); or (II) if no consensus agreement on methods is reached under subclause (I), the State infrastructure funding mecha- nism described in paragraph (2). (ii) Failure to reach consensus agreement on funding methods Beginning July 1, 2016, if the local board, chief elected officials, and one-stop part- ners described in subsection (b)(1) in a local area fail to reach consensus agree- ment on methods of sufficiently funding the costs of infrastructure of one-stop cen- ters for a program year, the State infra- structure funding mechanism described in paragraph (2) shall be applicable to such local area for that program year and for each subsequent program year for which those entities and individuals fail to reach such agreement. (B) Guidance for infrastructure funding In addition to carrying out the require- ments relating to the State infrastructure funding mechanism described in paragraph (2), the Governor, after consultation with chief elected officials, local boards, and the State board, and consistent with the guid- ance and policies provided by the State board under subparagraphs (B) and (C)(i) of section 3111(d)(7) of this title, shall provide, for the use of local areas under subparagraph (A)(i)(I)— (i) guidelines for State-administered one-stop partner programs, for deter- mining such programs’ contributions to a one-stop delivery system, based on such programs’ proportionate use of such sys- tem consistent with chapter II of title 2, Code of Federal Regulations (or any cor- responding similar regulation or ruling), including determining funding for the costs of infrastructure, which contribu- tions shall be negotiated pursuant to the memorandum of understanding under sub- section (c); and (ii) guidance to assist local boards, chief elected officials, and one-stop partners in local areas in determining equitable and stable methods of funding the costs of in- frastructure of one-stop centers in such areas. (2) State one-stop infrastructure funding (A) Definition In this paragraph, the term ‘‘covered por- tion’’, used with respect to funding for a fis- cal year for a program described in sub- section (b)(1), means a portion determined under subparagraph (C) of the Federal funds provided to a State (including local areas within the State) under the Federal law au- thorizing that program described in sub- section (b)(1) for the fiscal year (taking into account the availability of funding for pur- poses related to infrastructure from philan- thropic organizations, private entities, or other alternative financing options). (B) Partner contributions Subject to subparagraph (D), for local areas in a State that are not covered by paragraph (1)(A)(i)(I), the covered portions of funding for a fiscal year shall be provided to the Governor from the programs described in subsection (b)(1), to assist in paying the costs of infrastructure of one-stop centers in those local areas of the State not adequately funded under the option described in para- graph (1)(A)(i)(I). (C) Determination of Governor (i) In general Subject to clause (ii) and subparagraph (D), the Governor, after consultation with chief elected officials, local boards, and the State board, shall determine the por- tion of funds to be provided under subpara- graph (B) by each one-stop partner from each program described in subparagraph (B). In making such determination for the purpose of determining funding contribu- tions, for funding pursuant to clause (i)(II) or (ii) of paragraph (1)(A) by each partner, the Governor shall calculate amounts for Page 858 TITLE 29—LABOR § 3151 3 So in original. Probably should be ‘‘2014,’’. the proportionate use of the one-stop cen- ters in the State, consistent with chapter II of title 2, Code of Federal Regulations (or any corresponding similar regulation or ruling), taking into account the costs of administration of the one-stop delivery system for purposes not related to one- stop centers, for each partner. The Gov- ernor shall exclude from such determina- tion of funds the amounts for propor- tionate use of one-stop centers attrib- utable to the programs of one-stop part- ners for those local areas of the State where the costs of infrastructure of one- stop centers are funded under the option described in paragraph (1)(A)(i)(I). The Governor shall also take into account the statutory requirements for each partner program and the partner program’s ability to fulfill such requirements. (ii) Special rule In a State in which the State constitu- tion or a State statute places policy- making authority that is independent of the authority of the Governor in an entity or official with respect to the funds pro- vided for adult education and literacy ac- tivities authorized under subchapter II, postsecondary career and technical edu- cation activities authorized under the Carl D. Perkins Career and Technical Edu- cation Act of 2006 (20 U.S.C. 2301 et seq.), or vocational rehabilitation services offered under a provision covered by section 3102(13)(D) of this title, the determination described in clause (i) with respect to the programs authorized under that sub- chapter, Act, or provision shall be made by the chief officer of the entity, or the offi- cial, with such authority in consultation with the Governor. (D) Limitations (i) Provision from administrative funds (I) In general Subject to subclause (II), the funds provided under this paragraph by each one-stop partner shall be provided only from funds available for the costs of ad- ministration under the program admin- istered by such partner, and shall be sub- ject to the program’s limitations with respect to the portion of funds under such program that may be used for ad- ministration. (II) Exceptions Nothing in this clause shall be con- strued to apply to the programs carried out under this subchapter, or under title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.). (ii) Cap on required contributions For local areas in a State that are not covered by paragraph (1)(A)(i)(I), the fol- lowing rules shall apply: (I) WIA formula programs and employ- ment service The portion of funds required to be contributed under this paragraph from a program authorized under subpart 2 or 3, or the Wagner-Peyser Act (29 U.S.C. 49 et seq.) shall not exceed 3 percent of the amount of Federal funds provided to carry out that program in the State for a fiscal year. (II) Other one-stop partners The portion of funds required to be contributed under this paragraph from a program described in subsection (b)(1) other than the programs described in subclause (I) shall not exceed 1.5 percent of the amount of Federal funds provided to carry out that program in the State for a fiscal year. (III) Vocational rehabilitation Notwithstanding subclauses (I) and (II), an entity administering a program described in subsection (b)(1)(B)(iv) shall not be required to provide from that pro- gram, under this paragraph, a portion that exceeds— (aa) 0.75 percent of the amount of Federal funds provided to carry out such program in the State for the sec- ond full program year that begins after July 22, 2014; (bb) 1.0 percent of the amount pro- vided to carry out such program in the State for the third full program year that begins after such date; (cc) 1.25 percent of the amount pro- vided to carry out such program in the State for the fourth full program year that begins after such date; and (dd) 1.5 percent of the amount pro- vided to carry out such program in the State for the fifth and each succeeding full program year that begins after such date. (iii) Federal direct spending programs For local areas in a State that are not covered by paragraph (1)(A)(i)(I), an entity administering a program funded with di- rect spending as defined in section 900(c)(8) of title 2, as in effect on February 15, 2014 3 shall not be required to provide, for pur- poses of this paragraph, an amount in ex- cess of the amount determined under sub- paragraph (C)(i) to be equivalent to the cost of the proportionate use of the one- stop centers for the one-stop partner for such program in the State. (iv) Native American programs One-stop partners for Native American programs established under section 3221 of this title shall not be subject to the provi- sions of this subsection (other than this clause) or subsection (i). For purposes of subsection (c)(2)(A)(ii)(II), the method for determining the appropriate portion of funds to be provided by such partners to pay for the costs of infrastructure of a one- stop center shall be determined as part of the development of the memorandum of understanding under subsection (c) for the Page 859 TITLE 29—LABOR § 3151 one-stop center and shall be stated in the memorandum. (E) Appeal by one-stop partners The Governor shall establish a process, de- scribed under section 3112(b)(2)(D)(i)(IV) of this title, for a one-stop partner admin- istering a program described in subsection (b)(1) to appeal a determination regarding the portion of funds to be provided under this paragraph. Such a determination may be appealed under the process on the basis that such determination is inconsistent with the requirements of this paragraph. Such process shall ensure prompt resolution of the appeal in order to ensure the funds are distributed in a timely manner, consistent with the requirements of section 3242(e) of this title. (3) Allocation by Governor (A) In general From the funds provided under paragraph (1), the Governor shall allocate the funds to local areas described in subparagraph (B) in accordance with the formula established under subparagraph (B) for the purposes of assisting in paying the costs of infrastruc- ture of one-stop centers. (B) Allocation formula The State board shall develop a formula to be used by the Governor to allocate the funds provided under paragraph (1) to local areas not funding costs of infrastructure under the option described in paragraph (1)(A)(i)(I). The formula shall be based on factors including the number of one-stop centers in a local area, the population served by such centers, the services provided by such centers, and other factors relating to the performance of such centers that the State board determines are appropriate. (4) Costs of infrastructure In this subsection, the term ‘‘costs of infra- structure’’, used with respect to a one-stop center, means the nonpersonnel costs that are necessary for the general operation of the one- stop center, including the rental costs of the facilities, the costs of utilities and mainte- nance, equipment (including assessment-re- lated products and assistive technology for in- dividuals with disabilities), and technology to facilitate access to the one-stop center, in- cluding the center’s planning and outreach ac- tivities. (i) Other funds (1) In general Subject to the memorandum of under- standing described in subsection (c) for the one-stop delivery system involved, in addition to the funds provided to carry out subsection (h), a portion of funds made available under Federal law authorizing the programs de- scribed in subsection (b) and administered by one-stop partners, or the noncash resources available under such programs, shall be used to pay the additional costs relating to the op- eration of the one-stop delivery system that are not paid from the funds provided under subsection (h), as determined in accordance with paragraph (3), to the extent not incon- sistent with the Federal law involved. Such costs shall include the costs of the provision of career services described in section 3174(c)(2) of this title applicable to each program and may include common costs that are not paid from the funds provided under subsection (h). (2) Shared services The costs described under paragraph (1) may include costs of services that are authorized for and may be commonly provided through the one-stop partner programs to any indi- vidual, such as initial intake, assessment of needs, appraisal of basic skills, identification of appropriate services to meet such needs, re- ferrals to other one-stop partners, and other similar services. (3) Determination and guidance The method for determining the appropriate portion of funds and noncash resources to be provided by the one-stop partner for each pro- gram under paragraph (1) for a one-stop center shall be determined as part of the development of the memorandum of understanding under subsection (c) for the one-stop center and shall be stated in the memorandum. The State board shall provide guidance to facilitate the determination, for purposes of the memo- randum of understanding, of an appropriate al- location of the funds and noncash resources in local areas, consistent with the requirements of section 3111(d)(6)(C) of this title. (Pub. L. 113–128, title I, § 121, July 22, 2014, 128 Stat. 1481.) Editorial Notes REFERENCES IN TEXT The Wagner-Peyser Act, referred to in subsecs. (b)(1)(B)(ii), (d)(2)(B)(ii), (e)(1)(E), and (h)(2)(D)(ii)(I), is act June 6, 1933, ch. 49, 48 Stat. 113, which is classified generally to chapter 4B (§ 49 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 49 of this title and Tables. The Rehabilitation Act of 1973, referred to in subsecs. (b)(1)(B)(iv) and (f), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§ 701 et seq.) of this title. Title I of the Act is classified generally to subchapter I (§ 720 et seq.) of chapter 16 of this title. Part C of title I of the Act is classified gen- erally to part C (§ 741) of subchapter I of chapter 16 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 701 of this title and Tables. The Older Americans Act of 1965, referred to in sub- secs. (b)(1)(B)(v) and (h)(2)(D)(i)(II), is Pub. L. 89–73, July 14, 1965, 79 Stat. 218, which is classified generally to chapter 35 (§ 3001 et seq.) of Title 42, The Public Health and Welfare. Title V of the Act, known as the Community Service Senior Opportunities Act, is classi- fied generally to subchapter IX (§ 3056 et seq.) of chap- ter 35 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 3001 of Title 42 and Tables. The Carl D. Perkins Career and Technical Education Act of 2006, referred to in subsecs. (b)(1)(B)(vi) and (h)(2)(C)(ii), is Pub. L. 88–210, Dec. 18, 1963, 77 Stat. 403, as amended generally by Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 683, which is classified generally to chap- ter 44 (§ 2301 et seq.) of Title 20, Education. For com- plete classification of this Act to the Code, see Short Page 860 TITLE 29—LABOR § 3152 Title note set out under section 2301 of Title 20 and Ta- bles. The Trade Act of 1974, referred to in subsec. (b)(1)(B)(vii), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978. Chapter 2 of title II of the Act is classified generally to part 2 (§ 2271 et seq.) of subchapter II of chapter 12 of Title 19, Customs Duties. For complete classification of this Act to the Code, see section 2101 of Title 19 and Ta- bles. The Community Services Block Grant Act, referred to in subsec. (b)(1)(B)(ix), is subtitle B (§ 671 et seq.) of title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 511, which is classified generally to chapter 106 (§ 9901 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short title note set out under section 9901 of Title 42 and Tables. Section 60532 of title 34, referred to in subsec. (b)(1)(B)(xii), was repealed by Pub. L. 115–391, title V, § 504(a), Dec. 21, 2018, 132 Stat. 5233. The Social Security Act, referred to in subsec. (b)(1)(B)(xiii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part A of title IV of the Act is classified generally to part A (§ 601 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. This Act, referred to in subsecs. (b)(1)(C)(i) and (f)(2), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, known as the Workforce Innovation and Opportunity Act, which enacted this chapter, repealed chapter 30 (§ 2801 et seq.) of this title and chapter 73 (§ 9201 et seq.) of Title 20, Education, and made amendments to numerous other sections and notes in the Code. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. The National and Community Service Act of 1990, re- ferred to in subsec. (b)(2)(B)(vi), is Pub. L. 101–610, Nov. 16, 1990, 104 Stat. 3127, which is classified principally to chapter 129 (§ 12501 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 12501 of Title 42 and Tables. The Americans with Disabilities Act of 1990, referred to in subsec. (g)(1), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 12101 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. § 3152. Identification of eligible providers of training services (a) Eligibility (1) In general Except as provided in subsection (h), the Governor, after consultation with the State board, shall establish criteria, information re- quirements, and procedures regarding the eli- gibility of providers of training services to re- ceive funds provided under section 3173(b) of this title for the provision of training services in local areas in the State. (2) Providers Subject to the provisions of this section, to be eligible to receive those funds for the provi- sion of training services, the provider shall be— (A) an institution of higher education that provides a program that leads to a recog- nized postsecondary credential; (B) an entity that carries out programs registered under the Act of August 16, 1937 (commonly known as the ‘‘National Appren- ticeship Act’’; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); or (C) another public or private provider of a program of training services, which may in- clude joint labor-management organizations, and eligible providers of adult education and literacy activities under subchapter II if such activities are provided in combination with occupational skills training. (3) Inclusion in list of eligible providers A provider described in subparagraph (A) or (C) of paragraph (2) shall comply with the cri- teria, information requirements, and proce- dures established under this section to be in- cluded on the list of eligible providers of train- ing services described in subsection (d). A pro- vider described in paragraph (2)(B) shall be in- cluded and maintained on the list of eligible providers of training services described in sub- section (d) for so long as the corresponding program of the provider remains registered as described in paragraph (2)(B). (b) Criteria and information requirements (1) State criteria In establishing criteria pursuant to sub- section (a), the Governor shall take into ac- count each of the following: (A) The performance of providers of train- ing services with respect to— (i) the performance accountability meas- ures and other matters for which informa- tion is required under paragraph (2); and (ii) other appropriate measures of per- formance outcomes determined by the Governor for those participants receiving training services under this part (taking into consideration the characteristics of the population served and relevant eco- nomic conditions), and the outcomes of the program through which those training services were provided for students in gen- eral with respect to employment and earn- ings as defined under section 3141(b)(2) of this title. (B) The need to ensure access to training services throughout the State, including in rural areas, and through the use of tech- nology. (C) Information reported to State agencies with respect to Federal and State programs involving training services (other than the program carried out under this part), includ- ing one-stop partner programs. (D) The degree to which the training pro- grams of such providers relate to in-demand industry sectors and occupations in the State. (E) The requirements for State licensing of providers of training services, and the li- censing status of providers of training serv- ices if applicable. (F) Ways in which the criteria can encour- age, to the extent practicable, the providers