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HR 27 EAS
‘‘(I) IN
GENERAL.—Subject to
subclause (II) and clause (iii), the
Governor, after consultation with chief
local elected officials, local boards, and
the State board, shall determine the
portion of funds to be provided under
clause (i) by each one-stop partner
from each program described in clause
(i). In making such determination, the
Governor shall calculate the propor-
tionate use of the one-stop centers for
the purpose of determining funding
contributions pursuant to clause (i)(II)
or (ii) of paragraph (1)(A) by each
partner, and the costs of administra-
tion for purposes not related to one-
stop centers for each partner. The Gov-
ernor shall exclude from such deter-
mination the portion of funds and use
of one-stop centers attributable to the
programs of one-stop partners for those
local areas of the State where the infra-
structure of one-stop centers is funded
under the option described in para-
graph (1)(A)(i)(I).
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HR 27 EAS
‘‘(II) SPECIAL RULE.—In a State
in which the State constitution places
policymaking authority that is inde-
pendent of the authority of the Gov-
ernor in an entity or official with re-
spect to the funds provided for adult
education and literacy activities au-
thorized under title II and for postsec-
ondary vocational and technical edu-
cation activities authorized under the
Carl D. Perkins Vocational and Tech-
nical Education Act of 1998 (20
U.S.C. 2301 et seq.), or vocational re-
habilitation services offered under the
Rehabilitation Act of 1973 (29 U.S.C.
701 et seq.), the determination de-
scribed in subclause (I) with respect to
the programs authorized under that
title and those Acts shall be made by
the chief officer of the entity with such
authority in consultation with the
Governor.
‘‘(III) 
APPEAL
BY
ONE-STOP
PARTNERS.—The Governor shall estab-
lish a procedure for the one-stop part-
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HR 27 EAS
ner administering a program described
in subsection (b) to appeal a deter-
mination regarding the portion of
funds to be contributed under this
paragraph on the basis that such deter-
mination is inconsistent with the cri-
teria described in the State plan or
with the requirements of this para-
graph. Such procedure shall ensure
prompt resolution of the appeal.
‘‘(iii) LIMITATIONS.—
‘‘(I) PROVISION
FROM
ADMINIS-
TRATIVE FUNDS.—The funds provided
under this paragraph by each one-stop
partner shall be provided only from
funds available for the costs of admin-
istration under the program adminis-
tered by such partner, and shall be
subject to the program limitations with
respect to the portion of funds under
such program that may be used for ad-
ministration.
‘‘(II) CAP
ON
REQUIRED
CON-
TRIBUTIONS.—
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HR 27 EAS
‘‘(aa) WIA FORMULA
PRO-
GRAMS
AND
EMPLOYMENT
SERV-
ICE.—The portion of funds re-
quired to be contributed under
clause (i)(II) or (ii) of paragraph
(1)(A) by the programs authorized
under chapters 4 and 5 and under
the Wagner-Peyser Act (29 U.S.C.
49 et seq.) shall not be in excess of
3 percent of the amount of Fed-
eral funds provided to carry out
each such program in the State
for a fiscal year.
‘‘(bb) 
OTHER
ONE-STOP
PARTNERS.—The portion of funds
required to be contributed under
clause (i)(II) or (ii) of paragraph
(1)(A) by a one-stop partner from
a program described in subsection
(b)(1) other than the programs de-
scribed under item (aa) shall not
be in excess of 11⁄2 percent of the
amount of Federal funds provided
to carry out such program in the
State for a fiscal year.
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HR 27 EAS
‘‘(cc) SPECIAL
RULE.—Not-
withstanding items (aa) and (bb),
an agreement, including a local
memorandum of understanding,
entered into prior to the date of
enactment of the Workforce Invest-
ment Act Amendments of 2005 by
an entity regarding contributions
under this title that permits the
percentages 
described 
in 
such
items to be exceeded, may con-
tinue to be in effect until termi-
nated by the parties.
‘‘(dd) 
VOCATIONAL
REHA-
BILITATION.—Notwithstanding
items (aa) and (bb), an entity ad-
ministering a program under title
I of the Rehabilitation Act of 1973
(29 U.S.C. 720 et seq.) shall not
be required to provide, for the
purposes of this paragraph, an
amount in excess of—
‘‘(AA) 0.75 percent of
the amount provided for such
program in the State for the