§ 32–1603. Workforce Investment Council.

(a) There is created a Workforce Investment Council that shall serve as the District’s state workforce investment board pursuant to section 111 of the Federal Act, which shall carry out the functions of a local workforce investment board as assigned by the Mayor pursuant to section 117(c)(4) of the Federal Act.

(b) Repealed.

(c) The Council shall have grant-making authority for the purpose of providing competitive grants under the authority granted to the Council by this subchapter; provided, that grants shall be administered pursuant to the requirements set forth in part B of subchapter XII-A of Chapter 3 of Title 1 [§ 1-328.11 et seq.].

(d) The Council shall have grant-making authority for the purpose of providing competitive grants based on the recommendations of the Workforce Intermediary Task Force, made pursuant to the Workforce Intermediary Task Force Establishment Temporary Act of 2011, effective December 2, 2011 (D.C. Law 19-55; 58 DCR 8962), and approved by the Council in the Workforce Intermediary Task Force Recommendations Emergency Approval Resolution of 2012, effective June 5, 2012 (Res. 19-454; 59 DCR 7454); provided, that grants shall be administered pursuant to the requirements set forth in part B of subchapter XII-A of Chapter 3 of Title 1 [§ 1-328.11 et seq.].

(e) The Mayor shall appoint members of the Workforce Investment Council in a manner consistent with the requirements of section 101 of the Workforce Innovation and Opportunity Act, approved July 22, 2014 (128 Stat. 1440; 29 U.S.C. § 3111); provided, that the Workforce Investment Council shall include 2 members of the Council of the District of Columbia appointed by the Chairman of the Council of the District of Columbia.

(f) The WIC shall:

(1) Assist the Mayor in the selection of the WIC Executive Director;

(2) In cooperation with the WIA administrative entity:

(A) Develop the District’s state plan consistent with the requirements of section 112 of the Federal Act;

(B) Negotiate the District’s state performance measures as required under section 136(b) of the Federal Act; and

(3) Establish policies and guidance for the District’s American Job Center system as required under section 134(c) of the Federal Act;

(4) In coordination with the WIA administrative entity, develop and implement District-wide employment and training activities as required under section 134(a) of the Federal Act;

(5) Develop and implement a workforce intermediary pilot project, as described in § 2-219.04b;

(6) Develop applications for incentive grants pursuant to section 503 of the Federal Act; and

(7) Collect and compile the information required to develop the Workforce Development System Expenditure Guide pursuant to subchapter I-A of this chapter.

(g) The Mayor shall certify WIC as the local workforce investment board for the District of Columbia not less than once every 2 years, consistent with the requirements of section 117(c) of the Federal Act.

(h) The Mayor shall designate WIC to:

(1) Certify American Job Centers;

(2) Select and terminate American Job Centers;

(3) In coordination with the WIA administrative entity, develop a memorandum of agreement with mandatory partner programs for the administration of American Job Centers, which shall include a resource-sharing agreement;

(4) Establish eligibility and performance requirements for training providers to be considered eligible to receive ITA funds;

(5) Identify demand occupations for which training may be provided and develop a demand occupation list not less than once every 2 years;

(6) Implement a procedure for determining initial and subsequent eligibility of training providers;

(7) Establish and implement eligibility and performance requirements for providers of training services other than those provided through ITAs, including on-the-job training and customized training services;

(8) Develop and implement a policy for the selection of providers of youth employment and training services consistent with section 123 of the Federal Act;

(9) Establish a youth council consistent with section 117(h) of the Federal Act;

(10) Develop an annual operating budget for WIC;

(11) In cooperation with the WIA administrative entity, advise the Mayor and the Office of the Chief Financial Officer of the District of Columbia on the annual budget and spending plan for youth activities as described in section 129 of the Federal Act and employment and training activities as described in section 134 of the Federal Act; and

(12) Coordinate workforce development activities with economic development strategies and other employer linkages.

(i)(1) The WIC shall direct the WIA administrative entity to disburse funds received pursuant to sections 127 and 132 of the Federal Act to support the activities described in subsections (d) and (e) of this section, consistent with WIC policies.

(2) The WIA administrative entity shall disburse the funds described in paragraph (1) of this subsection immediately upon the direction of the local workforce investment board; provided, that the direction does not violate a provision of the Federal Act or District law.

(j) The WIC may hire staff to assist it in carrying out its responsibilities, as described in subsections (f) and (h) of this section.

(July 18, 2000, D.C. Law 13-150, § 4, 47 DCR 4644; Dec. 7, 2004, D.C. Law 15-205, § 1155(a), 51 DCR 8441; Mar. 25, 2009, D.C. Law 17-353, § 129(a), 56 DCR 1117; Dec. 24, 2013, D.C. Law 20-61, § 2012, 60 DCR 12472; May 2, 2015, D.C. Law 20-263, § 2(b), 62 DCR 1518; Oct. 8, 2016, D.C. Law 21-160, § 2142, 63 DCR 10775; May 5, 2018, D.C. Law 22-95, § 201, 65 DCR 2861.)

Section References

This section is referenced in § 32-751 and § 32-1651.

Effect of Amendments

D.C. Law 15-205, in subsec. (b), substituted “University of the District of Columbia as well as with any institution of higher education accredited by the Middle States Association of Colleges and Schools and located in the District to enhance” for “University of the District of Columbia to enhance” in par. (6), and added par. (9).

D.C. Law 17-353, in subsecs. (b)(4) and (7), substituted “Council of the District of Columbia” for “Council”; and validated a previously made technical correction by substituting “Council” for “Board”.

The 2013 amendment by D.C. Law 20-61 added (c) and (d).

The 2015 amendment by D.C. Law 20-263 rewrote (a); repealed (b); and added (e) through (j).

Cross References

Establishment of a workforce intermediary pilot program, § 2-219.04b.

Applicability

Section 7030 of D.C. Law 22-168 repealed section 301 of D.C. Law 22-95 amending the applicability restriction impacting this section. Therefore the amendments of this section by D.C. Law 22-95 have been implemented.

Applicability of D.C. Law 22-95: § 301 of D.C. Law 22-95 provided that the change made to this section by § 201 of D.C. Law 22-95 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 day) amendment of section, see § 1155(a) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 1155(a) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 days) amendment of this section, see § 2012 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 2012 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Short Title

Section 2011 of D.C. Law 20-61 provided that Subtitle B of Title II of the act may be cited as the “Workforce Investment Council and Workforce Intermediary Grant-Making Authority Amendment Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.