§ 32–1607. Training services criteria and performance accountability.

(a)(1)(A) Except as provided in subsection (e) of this section, training services funded under section 133 of the Federal Act shall be provided through the use of individual training accounts. ITA funds may only be used to pay for employment and training services that are provided by organizations that have been approved as eligible training providers by WIC, according to criteria and procedures developed by WIC.

(B) The criteria and procedures required by subparagraph (A) of this paragraph shall be submitted to the Council for a 10-day period of review, excluding days of Council recess. If the Council does not approve or disapprove the procedures and criteria, by resolution, within the 10-day period of review, the procedures and criteria shall be deemed approved.

(2) The criteria and procedures shall require organizations seeking to become eligible training providers to certify that none of its officers or employees has, in the past 5 years, been convicted of a felony or a misdemeanor, the underlying basis of which involved workplace safety and health or labor standards.

(3) The criteria and procedures shall require organizations seeking to become eligible training providers to certify as to all violations issued by the U.S. Department of Labor and DOES within the past 5 years, and all judgements and settlements, the underlying basis of which involved workplace safety and health or labor standards.

(4)(A) The criteria and procedures required by this subsection shall include a list of demand occupations in the District for which training may be provided.

(B) The criteria and procedures shall require eligible training providers to meet minimum performance requirements with respect to:

(i) Placement in employment;

(ii) Employment retention;

(iii) Average wages; and

(iv) Other requirements established by WIC.

(b) All participants who meet the requirements of an employee pursuant to the Fair Labor Standards Act of 1938, approved June 25, 1938 (52 Stat. 1060; 29 U.S.C. § 201), in the on-the-job training program shall be compensated at no less than the minimum wage required by § 32-1003.

(d) Repealed.

(e)(1) Training services funded under section 133 of the Federal Act may be provided pursuant to a contract in lieu of an individual training account to the extent that such contracts are permitted under the Federal Act and District law.

(2) No funds may be provided under this section except according to criteria and procedures developed by the Workforce Investment Council.

(f)(1) All training services funded under section 133 of the Federal Act shall be provided in a manner that maximizes consumer choice.

(2) The WIC shall publish annual report cards for each eligible training provider that includes performance data and cost information in a manner that helps enhance customer choice in selecting training services.