Pub. L. 102-367, tit. VI, sec. 601
STATE HUMAN RESOURCE INVESTMENT COUNCIL.
SEC. 601. STATE HUMAN RESOURCE INVESTMENT COUNCIL. (a) In General.— The Act (29 U.S.C. 1501 et seq.) is amended by adding at the end the following new title: “TITLE VII— STATE HUMAN RESOURCE INVESTMENT COUNCIL “SEC. 701. ESTABLISHMENT AND FUNCTIONS. “(a) In General.— Each State may, in accordance with the requirements of this title, establish a single State human resource investment council (in this title referred to as the ‘State Council’) that— “(1) shall review the provision of services and the use of funds and resources under applicable Federal human resource programs and advise the Governor on methods of coordinating such provision of services and use of funds and resources106 STAT. 1100 consistent with the laws and regulations governing such programs; “(2) shall advise the Governor on the development and implementation of State and local standards and measures relating to applicable Federal human resource programs and coordination of such standards and measures; “(3) shall carry out the duties and functions prescribed for existing State councils described under the laws relating to the applicable Federal human resource programs; “(4) may identify the human investment needs in the State and recommend to the Governor goals for meeting such needs; “(5) may recommend to the Governor goals for the development and coordination of the human resource system in the State; “(6) may prepare and recommend to the Governor a strategic plan to accomplish the goals developed pursuant to paragraphs (4) and (5); and “(7) may monitor the implementation of and evaluate the effectiveness of the strategic plan prepared pursuant to paragraph (6). “(b) Applicable Federal Human Resource Program Defined.— “(1) In General.— (A) Except as provided in subparagraph (B), for purposes of this title, the term ‘applicable Federal human resource program’ includes any program authorized under the provisions of law described under paragraph (2)(A) that the Governor and the head of the State agency responsible for the administration of such program jointly agree to include within the jurisdiction of the State Council. “(B) With respect to a program authorized under the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2301 et seq.) under paragraph (2)(A)(ii), the term ‘applicable Federal human resource program’ shall only apply to such program if, in addition to meeting the requirements of subparagraph (A), the State council on vocational education agrees to include such program under the jurisdiction of the State Council. “(2) Programs.— In accordance with the requirements of paragraph (1), applicable Federal human resource programs— “(A) may include the programs authorized under— “(i) this Act; “(ii) the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2301 et seq.); “(iii) the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.); “(iv) the Adult Education Act (20 U.S.C. 1201 et seq.); “(v) the Wagner-Peyser Act (29 U.S.C. 49 et seq.); “(vi) part F of title IV of the Social Security Act (42 U.S.C. 681 et seq.); and “(vii) the employment program established under section 6(d)(4) of the Food Stamp Act of 1977 (7 U.S.C. 2015(d)(4)); and “(B) may not include programs authorized under the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). 106 STAT. 1101 “SEC. 702. COMPOSITION. “(a) In General.— Each State Council shall be composed as follows: “(1) Each State Council shall include the head of each State agency responsible for the administration of an applicable Federal human resource program. “(2) (A) Each State Council shall include one or more representatives, appointed by the Governor to the State Council for a minimum of 2 years, from each of the following: “(i) Local public education. “(ii) A postsecondary institution. “(iii) A secondary or postsecondary vocational educational institution. “(iv) A community-based organization. “(B) The total number of representatives appointed under clause (i), (ii), and (iii) of subparagraph (A) shall constitute not less than 15 percent of the membership of the State Council. “(3) (A) Each State Council shall include individuals, appointed by the Governor to the State Council for a minimum of 2 years, from among the following: “(i) Representatives of business and industry, who shall constitute not less than 15 percent of the membership of the State Council, including individuals who are representatives of business and industry on private industry councils established within the State under section 102. “(ii) Representatives of organized labor who— “(I) shall be selected from among individuals nominated by recognized State labor federations; and “(II) shall constitute not less than 15 percent of the membership of the State Council. “(B) If the State labor federation fails to nominate a sufficient number of individuals under subclause (I) of subparagraph (A)(ii) to satisfy the requirement under subclause (II) of such subparagraph, individual workers may be included on the State Council to satisfy such requirement. “(b) Additional Members.— Each State Council may also include additional qualified members, who may be selected from— “(1) representatives from local welfare agencies; “(2) representatives from public housing agencies; “(3) representatives from units of general local government or consortia of such units, appointed from nominations made by the chief elected officials of such units or consortia; “(4) representatives from the State legislature; “(5) representatives from any State or local program that receives funding under an applicable Federal human resource program that the Governor determines to have a direct interest m the utilization of human resources within the State; and “(6) individuals who have special knowledge and qualifications with respect to special education and career development needs of hard-to-serve individuals. “(c) Additional Requirements.— “(1) Percentage limitation.— None of the following categories of individuals may constitute more than 60 percent of the membership of each State Council: “(A) Individuals selected under subsection (a)(1). “(B) Individuals appointed under subsection (a)(2). “(C) Individuals appointed under subsection (a)(3)(A)(i). 106 STAT. 1102 “(D) Individuals appointed under subsection (a)(3)(A)(ii). “(E) Individuals selected under subsection (b). “(2) Expertise.— The Governor shall ensure that both the State Council and the staff of the State Council have sufficient expertise to effectively carry out the duties and functions of existing State councils described under the laws relating to the applicable Federal human resource programs. Such expertise shall include, where appropriate, knowledge of— “(A) the long-term needs of individuals preparing to enter the workforce; “(B) the needs of local, State, and regional labor markets; and “(C) the methods for evaluating the effectiveness of vocational training programs in serving varying populations. “SEC. 703. ADMINISTRATION. “(a) Funding.— In order to carry out the functions of the State Council, each State establishing a State Council that meets the requirements of this title may— “(1) use funds otherwise available for State councils under the applicable Federal human resource programs; “(2) use funds otherwise available under the applicable Federal human resource programs, consistent with the laws and regulations governing such programs, including funds available to carry out section 123(a)(2)(D), except that, with respect to the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2301 et seq.), such State may use funds only to the extent provided under section 112(g) of such Act; and “(3) use funds, services, personnel, facilities and information provided by State and local public agencies, with the consent of such agencies. “(b) Personnel.— Each State Council may obtain the services of such professional, technical, and clerical personnel as may be necessary to carry out its functions. “(c) Certification.— Each State shall certify to the Secretary the establishment and membership of the State Council at least 90 days before the beginning of each period of 2 program years for which a job training plan is submitted under this Act. “(d) Equitable Funding.— Each State agency participating in a State Council under this title is encouraged to provide funds to support such Council in a manner consistent with its representation on such Council.”. (b) Conforming Amendments.— (1) Carl d. perkins vocational and applied technology education act amendments.— Section 112 of the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2322) is amended— (A) in subsection (a), by striking “Each” and inserting “Except as provided in subsection (g), each”; and (B) by adding at the end the following new subsection: “(g) (1) In lieu of establishing the State council required under subsection (a), each State may satisfy the requirements of this section by designating the State human resource investment council established in accordance with title VII of the Job Training Partnership Act (in this subsection referred to as the ‘State Council’) to carry out the duties described in subsection (d). 106 STAT. 1103 “(2) Funds available under subsection (f) may be allotted to the State Council to carry out such duties and the other duties of the State Council if the Governor and head of the State agency responsible for administration of the programs under this Act agree to such an allotment. Only funds available under subsection (f) may be so allotted.”. (2) Adult education act amendment.— Section 332(d) of the Adult Education Act (20 U.S.C. 1205a(d)) is amended by adding at the end the following new subsection: “(g) Designation of State Human Resource Investment Council under the Job Training Partnership Act.— (1) The requirements in this section shall be satisfied if a State designates the State human resource investment council established under title VII of the Job Training Partnership Act (in this subsection referred to as the ‘State Council’) to carry out the duties described in subsection (f). “(2) Funds under this part may be allotted to the State Council to carry out such duties and the other duties of the State Council if the Governor and the head of the State agency responsible for carrying out programs under this Act agree to such an allotment.”. (3) State job training coordinating council.— Section 122 of the Act (29 U.S.C. 1532) is amended— (A) in subsection (a) by striking “Any” and inserting “Except as provided in subsection (d), any”; and (B) by adding at the end the following new subsection: “(d) (1) In lieu of establishing the State council required under subsection (a), each State may satisfy the requirements of this section by designating the State human resource investment council established in accordance with title VII (in this subsection referred to as the ‘State Council’) to carry out the duties described in subsection (b). “(2) Funding provided to carry out this section may be allotted to the State Council to carry out such functions and the other functions of the State Council if the Governor and the head of the State agency responsible for administration of programs under this Act agree to such an allotment.”.