29 U.S.C. § 3141 — Performance accountability system

Page 847 TITLE 29—LABOR § 3141 ments of subsection (b)(1) concerning an anal- ysis. (d) Process Prior to the date on which the local board sub- mits a local plan under this section, the local board shall— (1) make available copies of a proposed local plan to the public through electronic and other means, such as public hearings and local news media; (2) allow members of the public, including representatives of business, representatives of labor organizations, and representatives of education to submit to the local board com- ments on the proposed local plan, not later than the end of the 30-day period beginning on the date on which the proposed local plan is made available; and (3) include with the local plan submitted to the Governor under this section any such com- ments that represent disagreement with the plan. (e) Plan submission and approval A local plan submitted to the Governor under this section (including a modification to such a local plan) shall be considered to be approved by the Governor at the end of the 90-day period be- ginning on the day the Governor receives the plan (including such a modification), unless the Governor makes a written determination during the 90-day period that— (1) deficiencies in activities carried out under this part or part B have been identified, through audits conducted under section 3244 of this title or otherwise, and the local area has not made acceptable progress in implementing corrective measures to address the defi- ciencies; (2) the plan does not comply with the appli- cable provisions of this Act; or (3) the plan does not align with the State plan, including failing to provide for align- ment of the core programs to support the strategy identified in the State plan in accord- ance with section 3112(b)(1)(E) of this title. (Pub. L. 113–128, title I, § 108, July 22, 2014, 128 Stat. 1466.) Editorial Notes REFERENCES IN TEXT The Carl D. Perkins Career and Technical Education Act of 2006, referred to in subsec. (b)(2), 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 chapter 44 (§ 2301 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 2301 of Title 20 and Tables. The Americans with Disabilities Act of 1990, referred to in subsec. (b)(6)(C), 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 Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables. The Wagner-Peyser Act, referred to in subsec. (b)(12), is act June 6, 1933, ch. 49, 48 Stat. 113, which is classi- fied 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 subsec. (b)(14), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355. Title I of the Act is classified generally to subchapter I (§ 720 et seq.) of chapter 16 of this title. Part C of title I of the Act is classified generally to part C (§ 741) of sub- chapter I of chapter 16 of this title. For complete clas- sification of this Act to the Code, see Short Title note set out under section 701 of this title and Tables. This Act, referred to in subsecs. (b)(21) and (e)(2), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, known as the Workforce Innovation and Opportunity Act, which enacted this chapter, repealed chapter 30 (§ 2801 et seq.) of this title and chapter 73 (§ 9201 et seq.) of Title 20, Education, and made amendments to numerous other sections and notes in the Code. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. 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. SUBPART 3—BOARD PROVISIONS § 3131. Funding of State and local boards (a) State boards In funding a State board under this part, a State— (1) shall use funds available as described in section 3164(b)(3) or 3174(a)(3)(B) of this title; and (2) may use non-Federal funds available to the State that the State determines are appro- priate and available for that use. (b) Local boards In funding a local board under this part, the chief elected official and local board for the local area— (1) shall use funds available as described in section 3163(b)(4) of this title; and (2) may use non-Federal funds available to the local area that the chief elected official and local board determine are appropriate and available for that use. (Pub. L. 113–128, title I, § 111, July 22, 2014, 128 Stat. 1471.) 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. SUBPART 4—PERFORMANCE ACCOUNTABILITY § 3141. Performance accountability system (a) Purpose The purpose of this section is to establish per- formance accountability measures that apply across the core programs to assess the effective- ness of States and local areas (for core programs described in part B) in achieving positive out- comes for individuals served by those programs. (b) State performance accountability measures (1) In general For each State, the performance account- ability measures for the core programs shall consist of— Page 848 TITLE 29—LABOR § 3141 (A)(i) the primary indicators of perform- ance described in paragraph (2)(A); and (ii) the additional indicators of perform- ance (if any) identified by the State under paragraph (2)(B); and (B) a State adjusted level of performance for each indicator described in subparagraph (A). (2) Indicators of performance (A) Primary indicators of performance (i) In general The State primary indicators of perform- ance for activities provided under the adult and dislocated worker programs au- thorized under subpart 3 of part B, the pro- gram of adult education and literacy ac- tivities authorized under subchapter II, the employment services program author- ized under sections 1 through 13 of the Wagner-Peyser Act (29 U.S.C. 49 et seq.) (except that subclauses (IV) and (V) shall not apply to such program), and the pro- gram authorized under title I of the Reha- bilitation Act of 1973 (29 U.S.C. 720 et seq.), other than section 112 or part C of that title (29 U.S.C. 732, 741), shall consist of— (I) the percentage of program partici- pants who are in unsubsidized employ- ment during the second quarter after exit from the program; (II) the percentage of program partici- pants who are in unsubsidized employ- ment during the fourth quarter after exit from the program; (III) the median earnings of program participants who are in unsubsidized em- ployment during the second quarter after exit from the program; (IV) the percentage of program partici- pants who obtain a recognized postsec- ondary credential, or a secondary school diploma or its recognized equivalent (subject to clause (iii)), during participa- tion in or within 1 year after exit from the program; (V) the percentage of program partici- pants who, during a program year, are in an education or training program that leads to a recognized postsecondary cre- dential or employment and who are achieving measurable skill gains toward such a credential or employment; and (VI) the indicators of effectiveness in serving employers established pursuant to clause (iv). (ii) Primary indicators for eligible youth The primary indicators of performance for the youth program authorized under subpart 2 of part B shall consist of— (I) the percentage of program partici- pants who are in education or training activities, or in unsubsidized employ- ment, during the second quarter after exit from the program; (II) the percentage of program partici- pants who are in education or training activities, or in unsubsidized employ- ment, during the fourth quarter after exit from the program; and (III) the primary indicators of perform- ance described in subclauses (III) through (VI) of subparagraph (A)(i). (iii) Indicator relating to credential For purposes of clause (i)(IV), or clause (ii)(III) with respect to clause (i)(IV), pro- gram participants who obtain a secondary school diploma or its recognized equiva- lent shall be included in the percentage counted as meeting the criterion under such clause only if such participants, in addition to obtaining such diploma or its recognized equivalent, have obtained or re- tained employment or are in an education or training program leading to a recog- nized postsecondary credential within 1 year after exit from the program. (iv) Indicator for services to employers Prior to the commencement of the sec- ond full program year after July 22, 2014, for purposes of clauses (i)(VI), or clause (ii)(III) with respect to clause (i)(VI), the Secretary of Labor and the Secretary of Education, after consultation with the rep- resentatives described in paragraph (4)(B), shall jointly develop and establish, for pur- poses of this subparagraph, 1 or more pri- mary indicators of performance that indi- cate the effectiveness of the core programs in serving employers. (B) Additional indicators A State may identify in the State plan ad- ditional performance accountability indica- tors. (3) Levels of performance (A) State adjusted levels of performance for primary indicators (i) In general For each State submitting a State plan, there shall be established, in accordance with this subparagraph, levels of perform- ance for each of the corresponding primary indicators of performance described in paragraph (2) for each of the programs de- scribed in clause (ii). (ii) Included programs The programs included under clause (i) are— (I) the youth program authorized under subpart 2 of part B; (II) the adult program authorized under subpart 3 of part B; (III) the dislocated worker program au- thorized under subpart 3 of part B; (IV) the program of adult education and literacy activities authorized under subchapter II; (V) the employment services program authorized under sections 1 through 13 of the Wagner-Peyser Act (29 U.S.C. 49 et seq.); and (VI) the program 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 that title (29 U.S.C. 732, 741). (iii) Identification in State plan Each State shall identify, in the State plan, expected levels of performance for Page 849 TITLE 29—LABOR § 3141 each of the corresponding primary indica- tors of performance for each of the pro- grams described in clause (ii) for the first 2 program years covered by the State plan. (iv) Agreement on State adjusted levels of performance (I) First 2 years The State shall reach agreement with the Secretary of Labor, in conjunction with the Secretary of Education on lev- els of performance for each indicator de- scribed in clause (iii) for each of the pro- grams described in clause (ii) for each of the first 2 program years covered by the State plan. In reaching the agreement, the State and the Secretary of Labor in conjunction with the Secretary of Edu- cation shall take into account the levels identified in the State plan under clause (iii) and the factors described in clause (v). The levels agreed to shall be consid- ered to be the State adjusted levels of performance for the State for such pro- gram years and shall be incorporated into the State plan prior to the approval of such plan. (II) Third and fourth year The State and the Secretary of Labor, in conjunction with the Secretary of Education, shall reach agreement, prior to the third program year covered by the State plan, on levels of performance for each indicator described in clause (iii) for each of the programs described in clause (ii) for each of the third and fourth program years covered by the State plan. In reaching the agreement, the State and Secretary of Labor, in con- junction with the Secretary of Edu- cation, shall take into account the fac- tors described in clause (v). The levels agreed to shall be considered to be the State adjusted levels of performance for the State for such program years and shall be incorporated into the State plan as a modification to the plan. (v) Factors In reaching the agreements described in clause (iv), the State and Secretaries shall— (I) take into account how the levels in- volved compare with the State adjusted levels of performance established for other States; (II) ensure that the levels involved are adjusted, using the objective statistical model established by the Secretaries pursuant to clause (viii), based on— (aa) the differences among States in actual economic conditions (including differences in unemployment rates and job losses or gains in particular indus- tries); and (bb) the characteristics of partici- pants when the participants entered the program involved, including indi- cators of poor work history, lack of work experience, lack of educational or occupational skills attainment, dis- location from high-wage and high-ben- efit employment, low levels of literacy or English proficiency, disability sta- tus, homelessness, ex-offender status, and welfare dependency; (III) take into account the extent to which the levels involved promote con- tinuous improvement in performance ac- countability on the performance ac- countability measures by such State and ensure optimal return on the investment of Federal funds; and (IV) take into account the extent to which the levels involved will assist the State in meeting the goals described in clause (vi). (vi) Goals In order to promote enhanced perform- ance outcomes and to facilitate the proc- ess of reaching agreements with the States under clause (iv), the Secretary of Labor, in conjunction with the Secretary of Edu- cation, shall establish performance goals for the core programs, in accordance with the Government Performance and Results Act of 1993 (Public Law 103–62; 107 Stat. 285) and the amendments made by that Act, and in consultation with States and other appropriate parties. Such goals shall be long-term goals for the adjusted levels of performance to be achieved by each of the programs described in clause (ii) re- garding the corresponding primary indica- tors of performance described in paragraph (2)(A). (vii) Revisions based on economic condi- tions and individuals served during the program year The Secretary of Labor, in conjunction with the Secretary of Education, shall, in accordance with the objective statistical model developed pursuant to clause (viii), revise the State adjusted levels of perform- ance applicable for each of the programs described in clause (ii), for a program year and a State, to reflect the actual economic conditions and characteristics of partici- pants (as described in clause (v)(II)) in that program during such program year in such State. (viii) Statistical adjustment model The Secretary of Labor and the Sec- retary of Education, after consultation with the representatives described in para- graph (4)(B), shall develop and disseminate an objective statistical model that will be used to make the adjustments in the State adjusted levels of performance for actual economic conditions and characteristics of participants under clauses (v) and (vii). (B) Levels of performance for additional indi- cators The State may identify, in the State plan, State levels of performance for each of the additional indicators identified under para- graph (2)(B). Such levels shall be considered to be State adjusted levels of performance for purposes of this section. Page 850 TITLE 29—LABOR § 3141 (4) Definitions of indicators of performance (A) In general In order to ensure nationwide com- parability of performance data, the Sec- retary of Labor and the Secretary of Edu- cation, after consultation with representa- tives described in subparagraph (B), shall issue definitions for the indicators described in paragraph (2). (B) Representatives The representatives referred to in subpara- graph (A) are representatives of States and political subdivisions, business and industry, employees, eligible providers of activities carried out through the core programs, edu- cators, researchers, participants, the lead State agency officials with responsibility for the programs carried out through the core programs, individuals with expertise in serv- ing individuals with barriers to employment, and other interested parties. (c) Local performance accountability measures for part B (1) In general For each local area in a State designated under section 3121 of this title, the local per- formance accountability measures for each of the programs described in subclauses (I) through (III) of subsection (b)(3)(A)(ii) shall consist of— (A)(i) the primary indicators of perform- ance described in subsection (b)(2)(A) that are applicable to such programs; and (ii) additional indicators of performance, if any, identified by the State for such pro- grams under subsection (b)(2)(B); and (B) the local level of performance for each indicator described in subparagraph (A). (2) Local level of performance The local board, the chief elected official, and the Governor shall negotiate and reach agreement on local levels of performance based on the State adjusted levels of perform- ance established under subsection (b)(3)(A). (3) Adjustment factors In negotiating the local levels of perform- ance, the local board, the chief elected official, and the Governor shall make adjustments for the expected economic conditions and the ex- pected characteristics of participants to be served in the local area, using the statistical adjustment model developed pursuant to sub- section (b)(3)(A)(viii). In addition, the nego- tiated local levels of performance applicable to a program year shall be revised to reflect the actual economic conditions experienced and the characteristics of the populations served in the local area during such program year using the statistical adjustment model. (d) Performance reports (1) In general Not later than 12 months after July 22, 2014, the Secretary of Labor, in conjunction with the Secretary of Education, shall develop a template for performance reports that shall be used by States, local boards, and eligible pro- viders of training services under section 3152 of this title to report on outcomes achieved by the core programs. In developing such tem- plates, the Secretary of Labor, in conjunction with the Secretary of Education, will take into account the need to maximize the value of the templates for workers, jobseekers, em- ployers, local elected officials, State officials, Federal policymakers, and other key stake- holders. (2) Contents of State performance reports The performance report for a State shall in- clude, subject to paragraph (5)(C)— (A) information specifying the levels of performance achieved with respect to the primary indicators of performance described in subsection (b)(2)(A) for each of the pro- grams described in subsection (b)(3)(A)(ii) and the State adjusted levels of performance with respect to such indicators for each pro- gram; (B) information specifying the levels of performance achieved with respect to the primary indicators of performance described in subsection (b)(2)(A) for each of the pro- grams described in subsection (b)(3)(A)(ii) with respect to individuals with barriers to employment, disaggregated by each sub- population of such individuals, and by race, ethnicity, sex, and age; (C) the total number of participants served by each of the programs described in sub- section (b)(3)(A)(ii); (D) the number of participants who re- ceived career and training services, respec- tively, during the most recent program year and the 3 preceding program years, and the amount of funds spent on each type of serv- ice; (E) the number of participants who exited from career and training services, respec- tively, during the most recent program year and the 3 preceding program years; (F) the average cost per participant of those participants who received career and training services, respectively, during the most recent program year and the 3 pre- ceding program years; (G) the percentage of participants in a pro- gram authorized under this part who re- ceived training services and obtained unsub- sidized employment in a field related to the training received; (H) the number of individuals with barriers to employment served by each of the pro- grams described in subsection (b)(3)(A)(ii), disaggregated by each subpopulation of such individuals; (I) the number of participants who are en- rolled in more than 1 of the programs de- scribed in subsection (b)(3)(A)(ii); (J) the percentage of the State’s annual al- lotment under section 3172(b) of this title that the State spent on administrative costs; (K) in the case of a State in which local areas are implementing pay-for-performance contract strategies for programs— (i) the performance of service providers entering into contracts for such strategies, Page 851 TITLE 29—LABOR § 3141 measured against the levels of perform- ance specified in the contracts for such strategies; and (ii) an evaluation of the design of the programs and performance of the strate- gies, and, where possible, the level of satis- faction with the strategies among employ- ers and participants benefitting from the strategies; and (L) other information that facilitates com- parisons of programs with programs in other States. (3) Contents of local area performance reports The performance reports for a local area shall include, subject to paragraph (6)(C)— (A) the information specified in subpara- graphs (A) through (L) of paragraph (2), for each of the programs described in subclauses (I) through (III) of subsection (b)(3)(A)(ii); (B) the percentage of the local area’s allo- cation under sections 3163(b) and 3173(b) of this title that the local area spent on admin- istrative costs; and (C) other information that facilitates com- parisons of programs with programs in other local areas (or planning regions, as appro- priate). (4) Contents of eligible training providers per- formance reports The performance report for an eligible pro- vider of training services under section 3152 of this title shall include, subject to paragraph (6)(C), with respect to each program of study (or the equivalent) of such provider— (A) information specifying the levels of performance achieved with respect to the primary indicators of performance described in subclauses (I) through (IV) of subsection (b)(2)(A)(i) with respect to all individuals en- gaging in the program of study (or the equiv- alent); (B) the total number of individuals exiting from the program of study (or the equiva- lent); (C) the total number of participants who received training services through each of the adult program and the dislocated worker program authorized under subpart 3 of part B, disaggregated by the type of entity that provided the training, during the most re- cent program year and the 3 preceding pro- gram years; (D) the total number of participants who exited from training services, disaggregated by the type of entity that provided the training, during the most recent program year and the 3 preceding program years; (E) the average cost per participant for the participants who received training services, disaggregated by the type of entity that pro- vided the training, during the most recent program year and the 3 preceding program years; and (F) the number of individuals with barriers to employment served by each of the adult program and the dislocated worker program authorized under subpart 3 of part B, disaggregated by each subpopulation of such individuals, and by race, ethnicity, sex, and age. (5) Data validation In preparing the State reports described in this subsection, each State shall establish pro- cedures, consistent with guidelines issued by the Secretary, in conjunction with the Sec- retary of Education, to ensure the information contained in the reports is valid and reliable. (6) Publication (A) State performance reports The Secretary of Labor and the Secretary of Education shall annually make available (including by electronic means), in an easily understandable format, the performance re- ports for States containing the information described in paragraph (2). (B) Local area and eligible training provider performance reports The State shall make available (including by electronic means), in an easily under- standable format, the performance reports for the local areas containing the informa- tion described in paragraph (3) and the per- formance reports for eligible providers of training services containing the information described in paragraph (4). (C) Rules for reporting of data The disaggregation of data under this sub- section shall not be required when the num- ber of participants in a category is insuffi- cient to yield statistically reliable informa- tion or when the results would reveal per- sonally identifiable information about an in- dividual participant. (D) Dissemination to Congress The Secretary of Labor and the Secretary of Education shall make available (including by electronic means) a summary of the re- ports, and the reports, required under this subsection to the Committee on Education and the Workforce of the House of Rep- resentatives and the Committee on Health, Education, Labor, and Pensions of the Sen- ate. The Secretaries shall prepare and make available with the reports a set of rec- ommendations for improvements in and ad- justments to pay-for-performance contract strategies used under part B. (e) Evaluation of State programs (1) In general Using funds authorized under a core program and made available to carry out this section, the State, in coordination with local boards in the State and the State agencies responsible for the administration of the core programs, shall conduct ongoing evaluations of activities carried out in the State under such programs. The State, local boards, and State agencies shall conduct the evaluations in order to pro- mote, establish, implement, and utilize meth- ods for continuously improving core program activities in order to achieve high-level per- formance within, and high-level outcomes from, the workforce development system. The State shall coordinate the evaluations with the evaluations provided for by the Secretary of Labor and the Secretary of Education under section 3224 of this title, section 3332(c)(2)(D) Page 852 TITLE 29—LABOR § 3141 of this title, and sections 12(a)(5), 14, and 107 of the Rehabilitation Act of 1973 (29 U.S.C. 709(a)(5), 711, 727) (applied with respect to pro- grams carried out under title I of that Act (29 U.S.C. 720 et seq.)) and the investigations pro- vided for by the Secretary of Labor under sec- tion 10(b) of the Wagner-Peyser Act (29 U.S.C. 49i(b)). (2) Design The evaluations conducted under this sub- section shall be designed in conjunction with the State board, State agencies responsible for the administration of the core programs, and local boards and shall include analysis of cus- tomer feedback and outcome and process measures in the statewide workforce develop- ment system. The evaluations shall use de- signs that employ the most rigorous analyt- ical and statistical methods that are reason- ably feasible, such as the use of control groups. (3) Results The State shall annually prepare, submit to the State board and local boards in the State, and make available to the public (including by electronic means), reports containing the re- sults of evaluations conducted under this sub- section, to promote the efficiency and effec- tiveness of the workforce development system. (4) Cooperation with Federal evaluations The State shall, to the extent practicable, cooperate in the conduct of evaluations (in- cluding related research projects) provided for by the Secretary of Labor or the Secretary of Education under the provisions of Federal law identified in paragraph (1). Such cooperation shall include the provision of data (in accord- ance with appropriate privacy protections es- tablished by the Secretary of Labor), the pro- vision of responses to surveys, and allowing site visits in a timely manner, for the Secre- taries or their agents. (f) Sanctions for State failure to meet State per- formance accountability measures (1) States (A) Technical assistance If a State fails to meet the State adjusted levels of performance relating to indicators described in subsection (b)(2)(A) for a pro- gram for any program year, the Secretary of Labor and the Secretary of Education shall provide technical assistance, including as- sistance in the development of a perform- ance improvement plan. (B) Reduction in amount of grant If such failure continues for a second con- secutive year, or (except in the case of ex- ceptional circumstances as determined by the Secretary of Labor or the Secretary of Education, as appropriate) a State fails to submit a report under subsection (d) for any program year, the percentage of each amount that would (in the absence of this paragraph) be reserved by the Governor under section 3163(a) of this title for the im- mediately succeeding program year shall be reduced by 5 percentage points until such date as the Secretary of Labor or the Sec- retary of Education, as appropriate, deter- mines that the State meets such State ad- justed levels of performance and has sub- mitted such reports for the appropriate pro- gram years. (g) Sanctions for local area failure to meet local performance accountability measures (1) Technical assistance If a local area fails to meet local perform- ance accountability measures established under subsection (c) for the youth, adult, or dislocated worker program authorized under subpart 2 or 3 of part B for any program year, the Governor, or upon request by the Gov- ernor, the Secretary of Labor, shall provide technical assistance, which may include as- sistance in the development of a performance improvement plan or the development of a modified local plan (or regional plan). (2) Corrective actions (A) In general If such failure continues for a third con- secutive year, the Governor shall take cor- rective actions, which shall include develop- ment of a reorganization plan through which the Governor shall— (i) require the appointment and certifi- cation of a new local board, consistent with the criteria established under section 3122(b) of this title; (ii) prohibit the use of eligible providers and one-stop partners identified as achiev- ing a poor level of performance; or (iii) take such other significant actions as the Governor determines are appro- priate. (B) Appeal by local area (i) Appeal to Governor The local board and chief elected official for a local area that is subject to a reorga- nization plan under subparagraph (A) may, not later than 30 days after receiving no- tice of the reorganization plan, appeal to the Governor to rescind or revise such plan. In such case, the Governor shall make a final decision not later than 30 days after the receipt of the appeal. (ii) Subsequent action The local board and chief elected official for a local area may, not later than 30 days after receiving a decision from the Gov- ernor pursuant to clause (i), appeal such decision to the Secretary of Labor. In such case, the Secretary shall make a final de- cision not later than 30 days after the re- ceipt of the appeal. (C) Effective date The decision made by the Governor under subparagraph (B)(i) shall become effective at the time the Governor issues the decision pursuant to such clause. Such decision shall remain effective unless the Secretary of Labor rescinds or revises such plan pursuant to subparagraph (B)(ii). (h) Establishing pay-for-performance contract strategy incentives Using non-Federal funds, the Governor may establish incentives for local boards to imple- 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