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
subpart 1—workforce investment activities and providers
§3151. Establishment of one-stop delivery systems
(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 activities carried out by the entity, including making the career services described in
(ii) use a portion of the funds available for the program and activities to maintain the one-stop delivery system, including payment of the infrastructure costs of one-stop centers in accordance with subsection (h);
(iii) enter into a local memorandum of understanding with the local board, relating to the operation of the one-stop system, that meets the requirements of subsection (c);
(iv) participate in the operation of the one-stop system consistent with the terms of the memorandum of understanding, the requirements of this subchapter, and the requirements of the Federal laws authorizing the program or activities; and
(v) provide representation on the State board to the extent provided under
(B) Programs and activities
The programs and activities referred to in subparagraph (A) consist of—
(i) programs authorized under this subchapter;
(ii) programs authorized under the Wagner-Peyser Act (
(iii) adult education and literacy activities authorized under subchapter II;
(iv) programs authorized under title I of the Rehabilitation Act of 1973 (
(v) activities authorized under title V of the Older Americans Act of 1965 (
(vi) career and technical education programs at the postsecondary level authorized under the Carl D. Perkins Career and Technical Education Act of 2006 (
(vii) activities authorized under
(viii) activities authorized under
(ix) employment and training activities carried out under the Community Services Block Grant Act (
(x) employment and training activities carried out by the Department of Housing and Urban Development;
(xi) programs authorized under State unemployment compensation laws (in accordance with applicable Federal law);
(xii) programs authorized under section 60532 2 of title 34; and
(xiii) programs authorized under part A of title IV of the Social Security Act (
(C) Determination by the Governor
(i) In general
An entity that carries out a program referred to in subparagraph (B)(xiii) shall be included in the one-stop partners for the local area, as a required partner, for purposes of this Act and the other core program provisions that are not part of this Act, unless the Governor provides the notification described in clause (ii).
(ii) Notification
The notification referred to in clause (i) is a notification that—
(I) is made in writing of a determination by the Governor not to include such entity in the one-stop partners described in clause (i); and
(II) is provided to the Secretary of Labor (referred to in this part, and parts C through E, as the "Secretary") and the Secretary of Health and Human Services.
(2) Additional partners
(A) In general
With the approval of the local board and chief elected official, in addition to the entities described in paragraph (1), other entities that carry out workforce development programs described in subparagraph (B) may be one-stop partners for the local area and carry out the responsibilities described in paragraph (1)(A).
(B) Programs
The programs referred to in subparagraph (A) may include—
(i) employment and training programs administered by the Social Security Administration, including the Ticket to Work and Self-Sufficiency Program established under section 1148 of the Social Security Act (
(ii) employment and training programs carried out by the Small Business Administration;
(iii) programs authorized under
(iv) work programs authorized under
(v) programs carried out under section 112 of the Rehabilitation Act of 1973 (
(vi) programs authorized under the National and Community Service Act of 1990 (
(vii) other appropriate Federal, State, or local programs, including employment, education, and training programs provided by public libraries or in the private sector.
(c) Memorandum of understanding
(1) Development
The local board, with the agreement of the chief elected official, shall develop and enter into a memorandum of understanding (between the local board and the one-stop partners), consistent with paragraph (2), concerning the operation of the one-stop delivery system in the local area.
(2) Contents
Each memorandum of understanding shall contain—
(A) provisions describing—
(i) the services to be provided through the one-stop delivery system consistent with the requirements of this section, including the manner in which the services will be coordinated and delivered through such system;
(ii) how the costs of such services and the operating costs of such system will be funded, including—
(I) funding through cash and in-kind contributions (fairly evaluated), which contributions may include funding from philanthropic organizations or other private entities, or through other alternative financing options, to provide a stable and equitable funding stream for ongoing one-stop delivery system operations; and
(II) funding of the infrastructure costs of one-stop centers in accordance with subsection (h);
(iii) methods of referral of individuals between the one-stop operator and the one-stop partners for appropriate services and activities;
(iv) methods to ensure the needs of workers and youth, and individuals with barriers to employment, including individuals with disabilities, are addressed in the provision of necessary and appropriate access to services, including access to technology and materials, made available through the one-stop delivery system; and
(v) the duration of the memorandum of understanding and the procedures for amending the memorandum during the duration of the memorandum, and assurances that such memorandum shall be reviewed not less than once every 3-year period to ensure appropriate funding and delivery of services; and
(B) such other provisions, consistent with the requirements of this subchapter, as the parties to the agreement determine to be appropriate.
(d) One-stop operators
(1) Local designation and certification
Consistent with paragraphs (2) and (3), the local board, with the agreement of the chief elected official, is authorized to designate or certify one-stop operators and to terminate for cause the eligibility of such operators.
(2) Eligibility
To be eligible to receive funds made available under this part to operate a one-stop center referred to in subsection (e), an entity (which may be a consortium of entities)—
(A) shall be designated or certified as a one-stop operator through a competitive process; and
(B) shall be an entity (public, private, or nonprofit), or consortium of entities (including a consortium of entities that, at a minimum, includes 3 or more of the one-stop partners described in subsection (b)(1)), of demonstrated effectiveness, located in the local area, which may include—
(i) an institution of higher education;
(ii) an employment service State agency established under the Wagner-Peyser Act (
(iii) a community-based organization, nonprofit organization, or intermediary;
(iv) a private for-profit entity;
(v) a government agency; and
(vi) another interested organization or entity, which may include a local chamber of commerce or other business organization, or a labor organization.
(3) Exception
Elementary schools and secondary schools shall not be eligible for designation or certification as one-stop operators, except that nontraditional public secondary schools and area career and technical education schools may be eligible for such designation or certification.
(4) Additional requirements
The State and local boards shall ensure that in carrying out activities under this subchapter, one-stop operators—
(A) disclose any potential conflicts of interest arising from the relationships of the operators with particular training service providers or other service providers;
(B) do not establish practices that create disincentives to providing services to individuals with barriers to employment who may require longer-term services, such as intensive employment, training, and education services; and
(C) comply with Federal regulations, and procurement policies, relating to the calculation and use of profits.
(e) Establishment of one-stop delivery system
(1) In general
There shall be established in each local area in a State that receives an allotment under
(A) provide the career services described in
(B) provide access to training services as described in
(C) provide access to the employment and training activities carried out under
(D) provide access to programs and activities carried out by one-stop partners described in subsection (b); and
(E) provide access to the data, information, and analysis described in section 15(a) of the Wagner-Peyser Act (
(2) One-stop delivery
The one-stop delivery system—
(A) at a minimum, shall make each of the programs, services, and activities described in paragraph (1) accessible at not less than 1 physical center in each local area of the State; and
(B) may also make programs, services, and activities described in paragraph (1) available—
(i) through a network of affiliated sites that can provide 1 or more of the programs, services, and activities to individuals; and
(ii) through a network of eligible one-stop partners—
(I) in which each partner provides 1 or more of the programs, services, and activities to such individuals and is accessible at an affiliated site that consists of a physical location or an electronically or technologically linked access point; and
(II) that assures individuals that information on the availability of the career services will be available regardless of where the individuals initially enter the statewide workforce development system, including information made available through an access point described in subclause (I);
(C) may have specialized centers to address special needs, such as the needs of dislocated workers, youth, or key industry sectors or clusters; and
(D) as applicable and practicable, shall make programs, services, and activities accessible to individuals through electronic means in a manner that improves efficiency, coordination, and quality in the delivery of one-stop partner services.
(3) Colocation of Wagner-Peyser services
Consistent with section 3(d) of the Wagner-Peyser Act (
(4) Use of common one-stop delivery system identifier
In addition to using any State or locally developed identifier, each one-stop delivery system shall include in the identification of products, programs, activities, services, facilities, and related property and materials, a common one-stop delivery system identifier. The identifier shall be developed by the Secretary, in consultation with heads of other appropriate departments and agencies, and representatives of State boards and local boards and of other stakeholders in the one-stop delivery system, not later than the beginning of the second full program year after July 22, 2014. Such common identifier may consist of a logo, phrase, or other identifier that informs users of the one-stop delivery system that such products, programs, activities, services, facilities, property, or materials are being provided through such system. Nothing in this paragraph shall be construed to prohibit one-stop partners, States, or local areas from having additional identifiers.
(f) Application to certain vocational rehabilitation programs
(1) Limitation
Nothing in this section shall be construed to apply to part C of title I of the Rehabilitation Act of 1973 (
(2) Client assistance
Nothing in this Act shall be construed to require that any entity carrying out a client assistance program authorized under section 112 of the Rehabilitation Act of 1973 (
(A) be included as a mandatory one-stop partner under subsection (b)(1); or
(B) if the entity is included as an additional one-stop partner under subsection (b)(2)—
(i) violate the requirement of section 112(c)(1)(A) of that Act (
(ii) carry out any activity not authorized under section 112 of that Act (including appropriate Federal regulations).
(g) Certification and continuous improvement of one-stop centers
(1) In general
In order to be eligible to receive infrastructure funding described in subsection (h), the State board, in consultation with chief elected officials and local boards, shall establish objective criteria and procedures for use by local boards in assessing at least once every 3 years the effectiveness, physical and programmatic accessibility in accordance with
(2) Criteria
The criteria and procedures developed under this subsection shall include standards relating to service coordination achieved by the one-stop delivery system with respect to the programs administered by the one-stop partners at the one-stop centers. Such criteria and procedures shall—
(A) be developed in a manner that is consistent with the guidelines, guidance, and policies provided by the Governor and by the State board, in consultation with the chief elected officials and local boards, for such partners' participation under subsections (h)(1) and (i); and
(B) include such factors relating to the effectiveness, accessibility, and improvement of the one-stop delivery system as the State board determines to be appropriate, including at a minimum how well the one-stop center—
(i) supports the achievement of the negotiated local levels of performance for the indicators of performance described in
(ii) integrates available services; and
(iii) meets the workforce development and employment needs of local employers and participants.
(3) Local criteria
Consistent with the criteria developed under paragraph (1) by the State, a local board in the State may develop additional criteria (or higher levels of service coordination than required for the State-developed criteria) relating to service coordination achieved by the one-stop delivery system, for purposes of assessments described in paragraph (1), in order to respond to labor market, economic, and demographic, conditions and trends in the local area.
(4) Effect of certification
One-stop centers certified under this subsection shall be eligible to receive the infrastructure funding described in subsection (h).
(5) Review and update
The criteria and procedures established under this subsection shall be reviewed and updated by the State board or the local board, as the case may be, as part of the biennial process for review and modification of State and local plans described in
(h) Funding of one-stop infrastructure
(1) In general
(A) Options for infrastructure funding
(i) Local options
The local board, chief elected officials, and one-stop partners described in subsection (b)(1) in a local area may fund the costs of infrastructure of one-stop centers in the local area through—
(I) methods agreed on by the local board, chief elected officials, and one-stop partners (and described in the memorandum of understanding described in subsection (c)); or
(II) if no consensus agreement on methods is reached under subclause (I), the State infrastructure funding mechanism described in paragraph (2).
(ii) Failure to reach consensus agreement on funding methods
Beginning July 1, 2016, if the local board, chief elected officials, and one-stop partners described in subsection (b)(1) in a local area fail to reach consensus agreement on methods of sufficiently funding the costs of infrastructure of one-stop centers for a program year, the State infrastructure funding mechanism described in paragraph (2) shall be applicable to such local area for that program year and for each subsequent program year for which those entities and individuals fail to reach such agreement.
(B) Guidance for infrastructure funding
In addition to carrying out the requirements relating to the State infrastructure funding mechanism described in paragraph (2), the Governor, after consultation with chief elected officials, local boards, and the State board, and consistent with the guidance and policies provided by the State board under subparagraphs (B) and (C)(i) of
(i) guidelines for State-administered one-stop partner programs, for determining such programs' contributions to a one-stop delivery system, based on such programs' proportionate use of such system consistent with chapter II of title 2, Code of Federal Regulations (or any corresponding similar regulation or ruling), including determining funding for the costs of infrastructure, which contributions shall be negotiated pursuant to the memorandum of understanding under subsection (c); and
(ii) guidance to assist local boards, chief elected officials, and one-stop partners in local areas in determining equitable and stable methods of funding the costs of infrastructure of one-stop centers in such areas.
(2) State one-stop infrastructure funding
(A) Definition
In this paragraph, the term "covered portion", used with respect to funding for a fiscal year for a program described in subsection (b)(1), means a portion determined under subparagraph (C) of the Federal funds provided to a State (including local areas within the State) under the Federal law authorizing that program described in subsection (b)(1) for the fiscal year (taking into account the availability of funding for purposes related to infrastructure from philanthropic organizations, private entities, or other alternative financing options).
(B) Partner contributions
Subject to subparagraph (D), for local areas in a State that are not covered by paragraph (1)(A)(i)(I), the covered portions of funding for a fiscal year shall be provided to the Governor from the programs described in subsection (b)(1), to assist in paying the costs of infrastructure of one-stop centers in those local areas of the State not adequately funded under the option described in paragraph (1)(A)(i)(I).
(C) Determination of Governor
(i) In general
Subject to clause (ii) and subparagraph (D), the Governor, after consultation with chief elected officials, local boards, and the State board, shall determine the portion of funds to be provided under subparagraph (B) by each one-stop partner from each program described in subparagraph (B). In making such determination for the purpose of determining funding contributions, for funding pursuant to clause (i)(II) or (ii) of paragraph (1)(A) by each partner, the Governor shall calculate amounts for the proportionate use of the one-stop centers in the State, consistent with chapter II of title 2, Code of Federal Regulations (or any corresponding similar regulation or ruling), taking into account the costs of administration of the one-stop delivery system for purposes not related to one-stop centers, for each partner. The Governor shall exclude from such determination of funds the amounts for proportionate use of one-stop centers attributable to the programs of one-stop partners for those local areas of the State where the costs of infrastructure of one-stop centers are funded under the option described in paragraph (1)(A)(i)(I). The Governor shall also take into account the statutory requirements for each partner program and the partner program's ability to fulfill such requirements.
(ii) Special rule
In a State in which the State constitution or a State statute places policymaking authority that is independent of the authority of the Governor in an entity or official with respect to the funds provided for adult education and literacy activities authorized under subchapter II, postsecondary career and technical education activities authorized under the Carl D. Perkins Career and Technical Education Act of 2006 (
(D) Limitations
(i) Provision from administrative funds
(I) In general
Subject to subclause (II), the funds provided under this paragraph by each one-stop partner shall be provided only from funds available for the costs of administration under the program administered by such partner, and shall be subject to the program's limitations with respect to the portion of funds under such program that may be used for administration.
(II) Exceptions
Nothing in this clause shall be construed to apply to the programs carried out under this subchapter, or under title V of the Older Americans Act of 1965 (
(ii) Cap on required contributions
For local areas in a State that are not covered by paragraph (1)(A)(i)(I), the following rules shall apply:
(I) WIA formula programs and employment service
The portion of funds required to be contributed under this paragraph from a program authorized under subpart 2 or 3, or the Wagner-Peyser Act (
(II) Other one-stop partners
The portion of funds required to be contributed under this paragraph from a program described in subsection (b)(1) other than the programs described in subclause (I) shall not exceed 1.5 percent of the amount of Federal funds provided to carry out that program in the State for a fiscal year.
(III) Vocational rehabilitation
Notwithstanding subclauses (I) and (II), an entity administering a program described in subsection (b)(1)(B)(iv) shall not be required to provide from that program, under this paragraph, a portion that exceeds—
(aa) 0.75 percent of the amount of Federal funds provided to carry out such program in the State for the second full program year that begins after July 22, 2014;
(bb) 1.0 percent of the amount provided to carry out such program in the State for the third full program year that begins after such date;
(cc) 1.25 percent of the amount provided to carry out such program in the State for the fourth full program year that begins after such date; and
(dd) 1.5 percent of the amount provided to carry out such program in the State for the fifth and each succeeding full program year that begins after such date.
(iii) Federal direct spending programs
For local areas in a State that are not covered by paragraph (1)(A)(i)(I), an entity administering a program funded with direct spending as defined in
(iv) Native American programs
One-stop partners for Native American programs established under
(E) Appeal by one-stop partners
The Governor shall establish a process, described under
(3) Allocation by Governor
(A) In general
From the funds provided under paragraph (1), the Governor shall allocate the funds to local areas described in subparagraph (B) in accordance with the formula established under subparagraph (B) for the purposes of assisting in paying the costs of infrastructure of one-stop centers.
(B) Allocation formula
The State board shall develop a formula to be used by the Governor to allocate the funds provided under paragraph (1) to local areas not funding costs of infrastructure under the option described in paragraph (1)(A)(i)(I). The formula shall be based on factors including the number of one-stop centers in a local area, the population served by such centers, the services provided by such centers, and other factors relating to the performance of such centers that the State board determines are appropriate.
(4) Costs of infrastructure
In this subsection, the term "costs of infrastructure", used with respect to a one-stop center, means the nonpersonnel costs that are necessary for the general operation of the one-stop center, including the rental costs of the facilities, the costs of utilities and maintenance, equipment (including assessment-related products and assistive technology for individuals with disabilities), and technology to facilitate access to the one-stop center, including the center's planning and outreach activities.
(i) Other funds
(1) In general
Subject to the memorandum of understanding described in subsection (c) for the one-stop delivery system involved, in addition to the funds provided to carry out subsection (h), a portion of funds made available under Federal law authorizing the programs described in subsection (b) and administered by one-stop partners, or the noncash resources available under such programs, shall be used to pay the additional costs relating to the operation of the one-stop delivery system that are not paid from the funds provided under subsection (h), as determined in accordance with paragraph (3), to the extent not inconsistent with the Federal law involved. Such costs shall include the costs of the provision of career services described in
(2) Shared services
The costs described under paragraph (1) may include costs of services that are authorized for and may be commonly provided through the one-stop partner programs to any individual, such as initial intake, assessment of needs, appraisal of basic skills, identification of appropriate services to meet such needs, referrals to other one-stop partners, and other similar services.
(3) Determination and guidance
The method for determining the appropriate portion of funds and noncash resources to be provided by the one-stop partner for each program under paragraph (1) for a one-stop center shall be determined as part of the development of the memorandum of understanding under subsection (c) for the one-stop center and shall be stated in the memorandum. The State board shall provide guidance to facilitate the determination, for purposes of the memorandum of understanding, of an appropriate allocation of the funds and noncash resources in local areas, consistent with the requirements of
(
Editorial Notes
References in Text
The Wagner-Peyser Act, referred to in subsecs. (b)(1)(B)(ii), (d)(2)(B)(ii), (e)(1)(E), and (h)(2)(D)(ii)(I), is act June 6, 1933, ch. 49,
The Rehabilitation Act of 1973, referred to in subsecs. (b)(1)(B)(iv) and (f), is
The Older Americans Act of 1965, referred to in subsecs. (b)(1)(B)(v) and (h)(2)(D)(i)(II), is
The Carl D. Perkins Career and Technical Education Act of 2006, referred to in subsecs. (b)(1)(B)(vi) and (h)(2)(C)(ii), is
The Trade Act of 1974, referred to in subsec. (b)(1)(B)(vii), is
The Community Services Block Grant Act, referred to in subsec. (b)(1)(B)(ix), is subtitle B (§671 et seq.) of title VI of
The Social Security Act, referred to in subsec. (b)(1)(B)(xiii), is act Aug. 14, 1935, ch. 531,
This Act, referred to in subsecs. (b)(1)(C)(i) and (f)(2), is
The National and Community Service Act of 1990, referred to in subsec. (b)(2)(B)(vi), is
The Americans with Disabilities Act of 1990, referred to in subsec. (g)(1), is
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of
1 So in original. Another closing parenthesis probably should precede the semicolon.
2 See References in Text note below.
3 So in original. Probably should be "2014,".
§3152. Identification of eligible providers of training services
(a) Eligibility
(1) In general
Except as provided in subsection (h), the Governor, after consultation with the State board, shall establish criteria, information requirements, and procedures regarding the eligibility of providers of training services to receive funds provided under
(2) Providers
Subject to the provisions of this section, to be eligible to receive those funds for the provision of training services, the provider shall be—
(A) an institution of higher education that provides a program that leads to a recognized postsecondary credential;
(B) an entity that carries out programs registered under the Act of August 16, 1937 (commonly known as the "National Apprenticeship Act";
(C) another public or private provider of a program of training services, which may include joint labor-management organizations, and eligible providers of adult education and literacy activities under subchapter II if such activities are provided in combination with occupational skills training.
(3) Inclusion in list of eligible providers
A provider described in subparagraph (A) or (C) of paragraph (2) shall comply with the criteria, information requirements, and procedures established under this section to be included on the list of eligible providers of training services described in subsection (d). A provider described in paragraph (2)(B) shall be included and maintained on the list of eligible providers of training services described in subsection (d) for so long as the corresponding program of the provider remains registered as described in paragraph (2)(B).
(b) Criteria and information requirements
(1) State criteria
In establishing criteria pursuant to subsection (a), the Governor shall take into account each of the following:
(A) The performance of providers of training services with respect to—
(i) the performance accountability measures and other matters for which information is required under paragraph (2); and
(ii) other appropriate measures of performance outcomes determined by the Governor for those participants receiving training services under this part (taking into consideration the characteristics of the population served and relevant economic conditions), and the outcomes of the program through which those training services were provided for students in general with respect to employment and earnings as defined under
(B) The need to ensure access to training services throughout the State, including in rural areas, and through the use of technology.
(C) Information reported to State agencies with respect to Federal and State programs involving training services (other than the program carried out under this part), including one-stop partner programs.
(D) The degree to which the training programs of such providers relate to in-demand industry sectors and occupations in the State.
(E) The requirements for State licensing of providers of training services, and the licensing status of providers of training services if applicable.
(F) Ways in which the criteria can encourage, to the extent practicable, the providers to use industry-recognized certificates or certifications.
(G) The ability of the providers to offer programs that lead to recognized postsecondary credentials.
(H) The quality of a program of training services, including a program of training services that leads to a recognized postsecondary credential.
(I) The ability of the providers to provide training services to individuals who are employed and individuals with barriers to employment.
(J) Such other factors as the Governor determines are appropriate to ensure—
(i) the accountability of the providers;
(ii) that the one-stop centers in the State will ensure that such providers meet the needs of local employers and participants;
(iii) the informed choice of participants among training services providers; and
(iv) that the collection of information required to demonstrate compliance with the criteria is not unduly burdensome or costly to providers.
(2) State information requirements
The information requirements established by the Governor shall require that a provider of training services submit appropriate, accurate, and timely information to the State, to enable the State to carry out subsection (d), with respect to participants receiving training services under this part in the applicable program, including—
(A) information on the performance of the provider with respect to the performance accountability measures described in
(B) information on recognized postsecondary credentials received by such participants;
(C) information on cost of attendance, including costs of tuition and fees, for participants in the program;
(D) information on the program completion rate for such participants; and
(E) information on the criteria described in paragraph (1).
(3) Local criteria and information requirements
A local board in the State may establish criteria and information requirements in addition to the criteria and information requirements established by the Governor, or may require higher levels of performance than required for the criteria established by the Governor, for purposes of determining the eligibility of providers of training services to receive funds described in subsection (a) for the provision of training services in the local area involved.
(4) Criteria and information requirements to establish initial eligibility
(A) Purpose
The purpose of this paragraph is to enable the providers of programs carried out under subpart 3 to offer the highest quality training services and be responsive to in-demand and emerging industries by providing training services for those industries.
(B) Initial eligibility
Providers may seek initial eligibility under this paragraph as providers of training services and may receive that initial eligibility for only 1 fiscal year for a particular program. The criteria and information requirements established by the Governor under this paragraph shall require that a provider who has not previously been an eligible provider of training services under this section (or section 122 of the Workforce Investment Act of 1998 [
(C) Information
The provider shall provide verifiable program-specific performance information based on criteria established by the State as described in subparagraph (D) that supports the provider's ability to serve participants under this part.
(D) Criteria
The criteria described in subparagraph (C) shall include at least—
(i) a factor related to indicators described in
(ii) a factor concerning whether the provider is in a partnership with business;
(iii) other factors that indicate high-quality training services, including the factor described in paragraph (1)(H); and
(iv) a factor concerning alignment of the training services with in-demand industry sectors and occupations, to the extent practicable.
(E) Provision
The provider shall provide the information described in subparagraph (C) to the Governor and the local board in a manner that will permit the Governor and the local board to make a decision on inclusion of the provider on the list of eligible providers described in subsection (d).
(F) Limitation
A provider that receives initial eligibility under this paragraph for a program shall be subject to the requirements under subsection (c) for that program after such initial eligibility expires.
(c) Procedures
(1) Application procedures
The procedures established under subsection (a) shall identify the application process for a provider of training services to become eligible to receive funds provided under
(2) Renewal procedures
The procedures established by the Governor shall also provide for biennial review and renewal of eligibility under this section for providers of training services.
(d) List and information to assist participants in choosing providers
(1) In general
In order to facilitate and assist participants in choosing employment and training activities and in choosing providers of training services, the Governor shall ensure that an appropriate list of providers determined to be eligible under this section to offer a program in the State (and, as appropriate, in a local area), accompanied by information identifying the recognized postsecondary credential offered by the provider and other appropriate information, is prepared. The list shall be provided to the local boards in the State, and made available to such participants and to members of the public through the one-stop delivery system in the State.
(2) Accompanying information
The accompanying information shall—
(A) with respect to providers described in subparagraphs (A) and (C) of subsection (a)(2), consist of information provided by such providers, disaggregated by local areas served, as applicable, in accordance with subsection (b);
(B) with respect to providers described in subsection (b)(4), consist of information provided by such providers in accordance with subsection (b)(4); and
(C) such other information as the Governor determines to be appropriate.
(3) Availability
The list and the accompanying information shall be made available to such participants and to members of the public through the one-stop delivery system in the State, in a manner that does not reveal personally identifiable information about an individual participant.
(4) Limitation
In carrying out the requirements of this subsection, no personally identifiable information regarding a student, including a Social Security number, student identification number, or other identifier, may be disclosed without the prior written consent of the parent or student in compliance with
(e) Opportunity to submit comments
In establishing, under this section, criteria, information requirements, procedures, and the list of eligible providers described in subsection (d), the Governor shall provide an opportunity for interested members of the public to make recommendations and submit comments regarding such criteria, information requirements, procedures, and list.
(f) Enforcement
(1) In general
The procedures established under this section shall provide the following:
(A) Intentionally supplying inaccurate information
Upon a determination, by an individual or entity specified in the procedures, that a provider of training services, or individual providing information on behalf of the provider, violated this section (or section 122 of the Workforce Investment Act of 1998 [
(B) Substantial violations
Upon a determination, by an individual or entity specified in the procedures, that a provider of training services substantially violated any requirement under this subchapter (or title I of the Workforce Investment Act of 1998 [
(C) Repayment
A provider of training services whose eligibility is terminated under subparagraph (A) or (B) shall be liable for the repayment of funds received under
(2) Construction
Paragraph (1) shall be construed to provide remedies and penalties that supplement, but shall not supplant, civil and criminal remedies and penalties specified in other provisions of law.
(g) Agreements with other States
States may enter into agreements, on a reciprocal basis, to permit eligible providers of training services to accept individual training accounts provided in another State.
(h) On-the-job training, customized training, incumbent worker training, and other training exceptions
(1) In general
Providers of on-the-job training, customized training, incumbent worker training, internships, and paid or unpaid work experience opportunities, or transitional employment shall not be subject to the requirements of subsections (a) through (f).
(2) Collection and dissemination of information
A one-stop operator in a local area shall collect such performance information from providers of on-the-job training, customized training, incumbent worker training, internships, paid or unpaid work experience opportunities, and transitional employment as the Governor may require, and use the information to determine whether the providers meet such performance criteria as the Governor may require. The one-stop operator shall disseminate information identifying such providers that meet the criteria as eligible providers, and the performance information, through the one-stop delivery system. Providers determined to meet the criteria shall be considered to be identified as eligible providers of training services.
(i) Transition period for implementation
The Governor and local boards shall implement the requirements of this section not later than 12 months after July 22, 2014. In order to facilitate early implementation of this section, the Governor may establish transition procedures under which providers eligible to provide training services under
(
Editorial Notes
References in Text
The National Apprenticeship Act, referred to in subsec. (a)(2)(B), is act Aug. 16, 1937, ch. 663,
The Workforce Investment Act of 1998, referred to in subsecs. (f)(1)(B), (C), and (i), is
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of
§3153. Eligible providers of youth workforce investment activities
(a) In general
From the funds allocated under
(b) Exceptions
A local board may award grants or contracts on a sole-source basis if such board determines there is an insufficient number of eligible providers of youth workforce investment activities in the local area involved (such as a rural area) for grants and contracts to be awarded on a competitive basis under subsection (a).
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of
subpart 2—youth workforce investment activities
§3161. General authorization
The Secretary shall make an allotment under
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of
§3162. State allotments
(a) In general
The Secretary shall—
(1) for each fiscal year for which the amount appropriated under
(2) use the remainder of the amount appropriated under
(b) Allotment among States
(1) Youth workforce investment activities
(A) Native Americans
From the amount appropriated under
(B) Outlying areas
(i) In general
From the amount appropriated under
(ii) Limitation for outlying areas
(I) Competitive grants
The Secretary shall use funds reserved under clause (i) to award grants to outlying areas to carry out youth workforce investment activities and statewide workforce investment activities.
(II) Award basis
The Secretary shall award grants pursuant to subclause (I) on a competitive basis and pursuant to the recommendations of experts in the field of employment and training, working through the Pacific Region Educational Laboratory in Honolulu, Hawaii.
(III) Administrative costs
The Secretary may provide not more than 5 percent of the funds made available for grants under subclause (I) to pay the administrative costs of the Pacific Region Educational Laboratory in Honolulu, Hawaii, regarding activities assisted under this clause.
(iii) Additional requirement
The provisions of
(C) States
(i) In general
From the remainder of the amount appropriated under
(ii) Formula
Subject to clauses (iii) and (iv), of the remainder—
(I) 331/3 percent shall be allotted on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each State, compared to the total number of unemployed individuals in areas of substantial unemployment in all States;
(II) 331/3 percent shall be allotted on the basis of the relative excess number of unemployed individuals in each State, compared to the total excess number of unemployed individuals in all States; and
(III) 331/3 percent shall be allotted on the basis of the relative number of disadvantaged youth in each State, compared to the total number of disadvantaged youth in all States, except as described in clause (iii).
(iii) Calculation
In determining an allotment under clause (ii)(III) for any State in which there is an area that was designated as a local area as described in
(I) the number of individuals who are age 16 through 21 in families with an income below the low-income level in such area; or
(II) the number of disadvantaged youth in such area.
(iv) Minimum and maximum percentages and minimum allotments
In making allotments under this subparagraph, the Secretary shall ensure the following:
(I) Minimum percentage and allotment
Subject to subclause (IV), the Secretary shall ensure that no State shall receive an allotment for a fiscal year that is less than the greater of—
(aa) an amount based on 90 percent of the allotment percentage of the State for the preceding fiscal year; or
(bb) 100 percent of the allotments of the State under section 127(b)(1)(C) of the Workforce Investment Act of 1998 [
(II) Small State minimum allotment
Subject to subclauses (I), (III), and (IV), the Secretary shall ensure that no State shall receive an allotment under this subparagraph that is less than the total of—
(aa) 3/10 of 1 percent of $1,000,000,000 of the remainder described in clause (i) for the fiscal year; and
(bb) if the remainder described in clause (i) for the fiscal year exceeds $1,000,000,000, 2/5 of 1 percent of the excess.
(III) Maximum percentage
Subject to subclause (I), the Secretary shall ensure that no State shall receive an allotment percentage for a fiscal year that is more than 130 percent of the allotment percentage of the State for the preceding fiscal year.
(IV) Minimum funding
In any fiscal year in which the remainder described in clause (i) does not exceed $1,000,000,000, the minimum allotments under subclauses (I) and (II) shall be calculated by the methodology specified in section 127(b)(1)(C)(iv)(IV) of the Workforce Investment Act of 1998 [
(2) Definitions
For the purpose of the formula specified in paragraph (1)(C):
(A) Allotment percentage
The term "allotment percentage", used with respect to fiscal year 2015 or a subsequent fiscal year, means a percentage of the remainder described in paragraph (1)(C)(i) that is received through an allotment made under paragraph (1)(C) for the fiscal year. The term, used with respect to fiscal year 2014, means the percentage of the amount allotted to States under section 127(b)(1)(C) of the Workforce Investment Act of 1998 [
(B) Area of substantial unemployment
The term "area of substantial unemployment" means any area that is of sufficient size and scope to sustain a program of workforce investment activities carried out under this part and that has an average rate of unemployment of at least 6.5 percent for the most recent 12 months, as determined by the Secretary. For purposes of this subparagraph, determinations of areas of substantial unemployment shall be made once each fiscal year.
(C) Disadvantaged youth
Subject to paragraph (3), the term "disadvantaged youth" means an individual who is age 16 through 21 who received an income, or is a member of a family that received a total family income, that, in relation to family size, does not exceed the higher of—
(i) the poverty line; or
(ii) 70 percent of the lower living standard income level.
(D) Excess number
The term "excess number" means, used with respect to the excess number of unemployed individuals within a State, the higher of—
(i) the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in the State; or
(ii) the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in areas of substantial unemployment in such State.
(E) Low-income level
The term "low-income level" means $7,000 with respect to income in 1969, and for any later year means that amount that bears the same relationship to $7,000 as the Consumer Price Index for that year bears to the Consumer Price Index for 1969, rounded to the nearest $1,000.
(3) Special rule
For the purpose of the formula specified in paragraph (1)(C), the Secretary shall, as appropriate and to the extent practicable, exclude college students and members of the Armed Forces from the determination of the number of disadvantaged youth.
(c) Reallotment
(1) In general
The Secretary shall, in accordance with this subsection, reallot to eligible States amounts that are made available to States from allotments made under this section or a corresponding provision of the Workforce Investment Act of 1998 for youth workforce investment activities and statewide workforce investment activities (referred to individually in this subsection as a "State allotment") and that are available for reallotment.
(2) Amount
The amount available for reallotment for a program year is equal to the amount by which the unobligated balance of the State allotment, at the end of the program year prior to the program year for which the determination under this paragraph is made, exceeds 20 percent of such allotment for the prior program year.
(3) Reallotment
In making reallotments to eligible States of amounts available pursuant to paragraph (2) for a program year, the Secretary shall allot to each eligible State an amount based on the relative amount of the State allotment for the program year for which the determination is made, as compared to the total amount of the State allotments for all eligible States for such program year.
(4) Eligibility
For purposes of this subsection, an eligible State means a State that does not have an amount available for reallotment under paragraph (2) for the program year for which the determination under paragraph (2) is made.
(5) Procedures
The Governor shall prescribe uniform procedures for the obligation of funds by local areas within the State in order to avoid the requirement that funds be made available for reallotment under this subsection. The Governor shall further prescribe equitable procedures for making funds available from the State and local areas in the event that a State is required to make funds available for reallotment under this subsection.
(
Editorial Notes
References in Text
The Workforce Investment Act of 1998, referred to in subsec. (c)(1), is
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of
§3163. Within State allocations
(a) Reservations for statewide activities
(1) In general
The Governor shall reserve not more than 15 percent of each of the amounts allotted to the State under
(2) Use of funds
Regardless of whether the reserved amounts were allotted under
(b) Within State allocations
(1) Methods
The Governor, acting in accordance with the State plan, and after consulting with chief elected officials and local boards in the local areas, shall allocate the funds that are allotted to the State for youth activities and statewide workforce investment activities under
(2) Formula allocation
(A) Youth activities
(i) Allocation
In allocating the funds described in paragraph (1) to local areas, a State may allocate—
(I) 331/3 percent of the funds on the basis described in
(II) 331/3 percent of the funds on the basis described in
(III) 331/3 percent of the funds on the basis described in clauses (ii)(III) and (iii) of
(ii) Minimum percentage
The local area shall not receive an allocation percentage for a fiscal year that is less than 90 percent of the average allocation percentage of the local area for the 2 preceding fiscal years. Amounts necessary for increasing such allocations to local areas to comply with the preceding sentence shall be obtained by ratably reducing the allocations to be made to other local areas under this subparagraph.
(iii) Definition
In this subparagraph, the term "allocation percentage", used with respect to fiscal year 2015 or a subsequent fiscal year, means a percentage of the funds referred to in clause (i), received through an allocation made under this subparagraph, for the fiscal year. The term, used with respect to fiscal year 2013 or 2014, means a percentage of the funds referred to in section 128(b)(1) of the Workforce Investment Act of 1998 [
(B) Application
For purposes of carrying out subparagraph (A)—
(i) references in
(ii) references in
(iii) except as described in clause (i), references in
(3) Youth discretionary allocation
In lieu of making the allocation described in paragraph (2), in allocating the funds described in paragraph (1) to local areas, a State may distribute—
(A) a portion equal to not less than 70 percent of the funds in accordance with paragraph (2)(A); and
(B) the remaining portion of the funds on the basis of a formula that—
(i) incorporates additional factors (other than the factors described in paragraph (2)(A)) relating to—
(I) excess youth poverty in urban, rural, and suburban local areas; and
(II) excess unemployment above the State average in urban, rural, and suburban local areas; and
(ii) was developed by the State board and approved by the Secretary as part of the State plan.
(4) Local administrative cost limit
(A) In general
Of the amount allocated to a local area under this subsection and
(B) Use of funds
Funds made available for administrative costs under subparagraph (A) may be used for the administrative costs of any of the local workforce investment activities described in this subpart or subpart 3, regardless of whether the funds were allocated under this subsection or
(c) Reallocation among local areas
(1) In general
The Governor may, in accordance with this subsection and after consultation with the State board, reallocate to eligible local areas within the State amounts that are made available to local areas from allocations made under this section or a corresponding provision of the Workforce Investment Act of 1998 for youth workforce investment activities (referred to individually in this subsection as a "local allocation") and that are available for reallocation.
(2) Amount
The amount available for reallocation for a program year is equal to the amount by which the unobligated balance of the local allocation, at the end of the program year prior to the program year for which the determination under this paragraph is made, exceeds 20 percent of such allocation for the prior program year.
(3) Reallocation
In making reallocations to eligible local areas of amounts available pursuant to paragraph (2) for a program year, the Governor shall allocate to each eligible local area within the State an amount based on the relative amount of the local allocation for the program year for which the determination is made, as compared to the total amount of the local allocations for all eligible local areas in the State for such program year.
(4) Eligibility
For purposes of this subsection, an eligible local area means a local area that does not have an amount available for reallocation under paragraph (2) for the program year for which the determination under paragraph (2) is made.
(
Editorial Notes
References in Text
The Workforce Investment Act of 1998, referred to in subsec. (c)(1), is
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of
Workforce Response Activities
"(a)
"(b)
"(1)
"(2)
"(c)
[For definitions of "qualifying emergency" and "coronavirus" as used in section 3515 of
§3164. Use of funds for youth workforce investment activities
(a) Youth participant eligibility
(1) Eligibility
(A) In general
To be eligible to participate in activities carried out under this subpart during any program year an individual shall, at the time the eligibility determination is made, be an out-of-school youth or an in-school youth.
(B) Out-of-school youth
In this subchapter, the term "out-of-school youth" means an individual who is—
(i) not attending any school (as defined under State law);
(ii) not younger than age 16 or older than age 24; and
(iii) one or more of the following:
(I) A school dropout.
(II) A youth who is within the age of compulsory school attendance, but has not attended school for at least the most recent complete school year calendar quarter.
(III) A recipient of a secondary school diploma or its recognized equivalent who is a low-income individual and is—
(aa) basic skills deficient; or
(bb) an English language learner.
(IV) An individual who is subject to the juvenile or adult justice system.
(V) A homeless individual (as defined in
(VI) An individual who is pregnant or parenting.
(VII) A youth who is an individual with a disability.
(VIII) A low-income individual who requires additional assistance to enter or complete an educational program or to secure or hold employment.
(C) In-school youth
In this section, the term "in-school youth" means an individual who is—
(i) attending school (as defined by State law);
(ii) not younger than age 14 or (unless an individual with a disability who is attending school under State law) older than age 21;
(iii) a low-income individual; and
(iv) one or more of the following:
(I) Basic skills deficient.
(II) An English language learner.
(III) An offender.
(IV) A homeless individual (as defined in
(V) Pregnant or parenting.
(VI) A youth who is an individual with a disability.
(VII) An individual who requires additional assistance to complete an educational program or to secure or hold employment.
(2) Special rule
For the purpose of this subsection, the term "low-income", used with respect to an individual, also includes a youth living in a high-poverty area.
(3) Exception and limitation
(A) Exception for persons who are not low-income individuals
(i) Definition
In this subparagraph, the term "covered individual" means an in-school youth, or an out-of-school youth who is described in subclause (III) or (VIII) of paragraph (1)(B)(iii).
(ii) Exception
In each local area, not more than 5 percent of the individuals assisted under this section may be persons who would be covered individuals, except that the persons are not low-income individuals.
(B) Limitation
In each local area, not more than 5 percent of the in-school youth assisted under this section may be eligible under paragraph (1) because the youth are in-school youth described in paragraph (1)(C)(iv)(VII).
(4) Out-of-school priority
(A) In general
For any program year, not less than 75 percent of the funds allotted under
(B) Exception
A State that receives a minimum allotment under
(i) after an analysis of the in-school youth and out-of-school youth populations in the local area, the State determines that the local area will be unable to use at least 75 percent of the funds available for activities under subsection (c) to serve out-of-school youth due to a low number of out-of-school youth; and
(ii)(I) the State submits to the Secretary, for the local area, a request including a proposed percentage decreased to not less than 50 percent for purposes of subparagraph (A), and a summary of the analysis described in clause (i); and
(II) the request is approved by the Secretary.
(5) Consistency with compulsory school attendance laws
In providing assistance under this section to an individual who is required to attend school under applicable State compulsory school attendance laws, the priority in providing such assistance shall be for the individual to attend school regularly.
(b) Statewide activities
(1) Required statewide youth activities
Funds reserved by a Governor as described in
(A) conducting evaluations under
(B) disseminating a list of eligible providers of youth workforce investment activities, as determined under
(C) providing assistance to local areas as described in subsections (b)(7) and (c)(2) of
(D) operating a fiscal and management accountability information system under
(E) carrying out monitoring and oversight of activities carried out under this subpart and subpart 3, which may include a review comparing the services provided to male and female youth; and
(F) providing additional assistance to local areas that have high concentrations of eligible youth.
(2) Allowable statewide youth activities
Funds reserved by a Governor as described in
(A) conducting—
(i) research related to meeting the education and employment needs of eligible youth; and
(ii) demonstration projects related to meeting the education and employment needs of eligible youth;
(B) supporting the development of alternative, evidence-based programs and other activities that enhance the choices available to eligible youth and encourage such youth to reenter and complete secondary education, enroll in postsecondary education and advanced training, progress through a career pathway, and enter into unsubsidized employment that leads to economic self-sufficiency;
(C) supporting the provision of career services described in
(D) supporting financial literacy, including—
(i) supporting the ability of participants to create household budgets, initiate savings plans, and make informed financial decisions about education, retirement, home ownership, wealth building, or other savings goals;
(ii) supporting the ability to manage spending, credit, and debt, including credit card debt, effectively;
(iii) increasing awareness of the availability and significance of credit reports and credit scores in obtaining credit, including determining their accuracy (and how to correct inaccuracies in the reports and scores), and their effect on credit terms;
(iv) supporting the ability to understand, evaluate, and compare financial products, services, and opportunities; and
(v) supporting activities that address the particular financial literacy needs of non-English speakers, including providing the support through the development and distribution of multilingual financial literacy and education materials; and
(E) providing technical assistance to, as appropriate, local boards, chief elected officials, one-stop operators, one-stop partners, and eligible providers, in local areas, which provision of technical assistance shall include the development and training of staff, the development of exemplary program activities, the provision of technical assistance to local areas that fail to meet local performance accountability measures described in
(3) Limitation
Not more than 5 percent of the funds allotted to a State under
(c) Local elements and requirements
(1) Program design
Funds allocated to a local area for eligible youth under
(A) provide an objective assessment of the academic levels, skill levels, and service needs of each participant, which assessment shall include a review of basic skills, occupational skills, prior work experience, employability, interests, aptitudes (including interests and aptitudes for nontraditional jobs), supportive service needs, and developmental needs of such participant, for the purpose of identifying appropriate services and career pathways for participants, except that a new assessment of a participant is not required if the provider carrying out such a program determines it is appropriate to use a recent assessment of the participant conducted pursuant to another education or training program;
(B) develop service strategies for each participant that are directly linked to 1 or more of the indicators of performance described in
(C) provide—
(i) activities leading to the attainment of a secondary school diploma or its recognized equivalent, or a recognized postsecondary credential;
(ii) preparation for postsecondary educational and training opportunities;
(iii) strong linkages between academic instruction (based on challenging State academic standards established under
(iv) preparation for unsubsidized employment opportunities, in appropriate cases; and
(v) effective connections to employers, including small employers, in in-demand industry sectors and occupations of the local and regional labor markets; and
(D) at the discretion of the local board, implement a pay-for-performance contract strategy for elements described in paragraph (2), for which the local board may reserve and use not more than 10 percent of the total funds allocated to the local area under
(2) Program elements
In order to support the attainment of a secondary school diploma or its recognized equivalent, entry into postsecondary education, and career readiness for participants, the programs described in paragraph (1) shall provide elements consisting of—
(A) tutoring, study skills training, instruction, and evidence-based dropout prevention and recovery strategies that lead to completion of the requirements for a secondary school diploma or its recognized equivalent (including a recognized certificate of attendance or similar document for individuals with disabilities) or for a recognized postsecondary credential;
(B) alternative secondary school services, or dropout recovery services, as appropriate;
(C) paid and unpaid work experiences that have as a component academic and occupational education, which may include—
(i) summer employment opportunities and other employment opportunities available throughout the school year;
(ii) pre-apprenticeship programs;
(iii) internships and job shadowing; and
(iv) on-the-job training opportunities;
(D) occupational skill training, which shall include priority consideration for training programs that lead to recognized postsecondary credentials that are aligned with in-demand industry sectors or occupations in the local area involved, if the local board determines that the programs meet the quality criteria described in
(E) education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster;
(F) leadership development opportunities, which may include community service and peer-centered activities encouraging responsibility and other positive social and civic behaviors, as appropriate;
(G) supportive services;
(H) adult mentoring for the period of participation and a subsequent period, for a total of not less than 12 months;
(I) followup services for not less than 12 months after the completion of participation, as appropriate;
(J) comprehensive guidance and counseling, which may include drug and alcohol abuse counseling and referral, as appropriate;
(K) financial literacy education;
(L) entrepreneurial skills training;
(M) services that provide labor market and employment information about in-demand industry sectors or occupations available in the local area, such as career awareness, career counseling, and career exploration services; and
(N) activities that help youth prepare for and transition to postsecondary education and training.
(3) Additional requirements
(A) Information and referrals
Each local board shall ensure that each participant shall be provided—
(i) information on the full array of applicable or appropriate services that are available through the local board or other eligible providers or one-stop partners, including those providers or partners receiving funds under this part; and
(ii) referral to appropriate training and educational programs that have the capacity to serve the participant either on a sequential or concurrent basis.
(B) Applicants not meeting enrollment requirements
Each eligible provider of a program of youth workforce investment activities shall ensure that an eligible applicant who does not meet the enrollment requirements of the particular program or who cannot be served shall be referred for further assessment, as necessary, and referred to appropriate programs in accordance with subparagraph (A) to meet the basic skills and training needs of the applicant.
(C) Involvement in design and implementation
The local board shall ensure that parents, participants, and other members of the community with experience relating to programs for youth are involved in the design and implementation of the programs described in paragraph (1).
(4) Priority
Not less than 20 percent of the funds allocated to the local area as described in paragraph (1) shall be used to provide in-school youth and out-of-school youth with activities under paragraph (2)(C).
(5) Rule of construction
Nothing in this subpart shall be construed to require that each of the elements described in subparagraphs of paragraph (2) be offered by each provider of youth services.
(6) Prohibitions
(A) Prohibition against Federal control of education
No provision of this Act shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system, or over the selection of library resources, textbooks, or other printed or published instructional materials by any educational institution, school, or school system.
(B) Noninterference and nonreplacement of regular academic requirements
No funds described in paragraph (1) shall be used to provide an activity for eligible youth who are not school dropouts if participation in the activity would interfere with or replace the regular academic requirements of the youth.
(7) Linkages
In coordinating the programs authorized under this section, local boards shall establish linkages with local educational agencies responsible for services to participants as appropriate.
(8) Volunteers
The local board shall make opportunities available for individuals who have successfully participated in programs carried out under this section to volunteer assistance to participants in the form of mentoring, tutoring, and other activities.
(
Editorial Notes
References in Text
This Act, referred to in subsec. (c)(6)(A), is
Amendments
2015—Subsec. (b)(1)(C).
Subsec. (c)(1)(C)(iii).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by
Amendment by
Effective Date
Section effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of
1 So in original. Probably should be preceded by "who".
2 So in original. Probably should be followed by a closing parenthesis.
subpart 3—adult and dislocated worker employment and training activities
§3171. General authorization
The Secretary shall make allotments under paragraphs (1)(B) and (2)(B) of
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of
Veterans Energy-Related Employment Program
"(a)
"(b)
"(1) A proposal for the expenditure of grant funds to establish and administer a public-private partnership program designed to provide covered training, on-job training, apprenticeships, and certification classes to a significant number of eligible veterans and ensure lasting and sustainable employment in well-paying jobs in the energy industry.
"(2) Evidence that the State has—
"(A) a population of eligible veterans of an appropriate size to carry out the State program;
"(B) a robust and diverse energy industry; and
"(C) the ability to carry out the State program described in the proposal under paragraph (1).
"(3) Such other information and assurances as the Secretary may require.
"(c)
"(1) Making grants to energy employers to reimburse such employers for the cost of providing covered training, on-job training, apprenticeships, and certification classes to eligible veterans who are first hired by the employer on or after November 1, 2010.
"(2) Conducting outreach to inform energy employers and veterans, including veterans in rural areas, of their eligibility or potential eligibility for participation in the State program.
"(d)
"(1) The State shall repay to the Secretary, on such date as shall be determined by the Secretary, any amount received under the pilot program that is not used for the purposes described in subsection (c).
"(2) The State shall submit to the Secretary, at such times and containing such information as the Secretary shall require, reports on the use of grant funds.
"(e)
"(1) submit to the administrator of the State Energy-Related Employment Program an application that includes—
"(A) the rate of pay, during and after training, for each eligible veteran proposed to be trained using grant funds;
"(B) the average rate of pay for an individual employed by the energy employer in a similar position who is not an eligible veteran; and
"(C) such other information and assurances as the administrator may require; and
"(2) agree to submit to the administrator, for each quarter, a report containing such information as the Secretary may specify.
"(f)
"(1) a person who is not an eligible veteran; or
"(2) an eligible veteran for whom the employer has received a grant, credit, or subsidy under any other provision of law.
"(g)
"(h)
"(i)
"(1) The term 'covered training, on-job training, apprenticeships, and certification classes' means training, on-job training, apprenticeships, and certification classes that are—
"(A) designed to provide the veteran with skills that are particular to an energy industry and not directly transferable to employment in another industry; and
"(B) approved as provided in paragraph (1) or (2), as appropriate, of subsection (a) of
"(2) The term 'eligible veteran' means a veteran, as that term is defined in
"(3) The term 'energy employer' means an entity that employs individuals in a trade or business in an energy industry.
"(4) The term 'energy industry' means any of the following industries:
"(A) The energy-efficient building, construction, or retrofits industry.
"(B) The renewable electric power industry, including the wind and solar energy industries.
"(C) The biofuels industry.
"(D) The energy efficiency assessment industry that serves the residential, commercial, or industrial sectors.
"(E) The oil and natural gas industry.
"(F) The nuclear industry.
"(j)
Coordination of Information and Assistance
"(a)
"(1) to apply for services and benefits for which they are eligible as veterans, dislocated workers, or unemployed persons;
"(2) to obtain resolution of questions and problems relating to such services and benefit[s]; and
"(3) to initiate any authorized administrative appeals of determinations or other actions relating to such services and benefits.
"(b)
"(A) Information on services and benefits referred to in subsection (d).
"(B) All application forms and related forms necessary for individuals to apply for such services and to claim such benefits.
"(C) Assistance in resolving questions and problems relating to receipt of such services and benefits.
"(D) Assistance in contacting other Federal Government offices and State offices where such services or benefits are provided or administered.
"(2) The memorandum of understanding entered into pursuant to paragraph (1) shall include a provision for the periodic evaluation, by the Secretary of Labor and the Administrator of Veterans' Affairs, of the implementation of their respective responsibilities under such memorandum.
"(c)
"(d)
"(1) Employment assistance under—
"(A) title I of the Workforce Investment Act of 1998 [former
"(B) the Veterans' Job Training Act (
"(2) Employment and training activities for dislocated workers under title I of the Workforce Investment Act of 1998 [former
"(3) Employment assistance and unemployment compensation under the trade adjustment assistance program provided in
"(4) Educational assistance under—
"(A) the Adult Education Act ([former] 20 U.S.C. 1201 et seq.); and
"(B) chapters 30, 31, 32, 34, and 35 of
"(5) Certification of a veteran as a member of a targeted group eligible for the targeted jobs credit determined under section 51 of the Internal Revenue Code of 1986 [
"(e)
Veterans' Job Training Act
"short title
"purpose
"definitions
"(1) The term 'Administrator' means the Administrator of Veterans' Affairs.
"(2) The term 'Secretary' means the Secretary of Labor.
"(3) The terms 'veteran', 'Korean conflict', 'compensation', 'service-connected', 'State', 'active military, naval, or air service', and 'Vietnam era', have the meanings given such terms in paragraphs (2), (9), (13), (16), (20), (24), and (29), respectively, of
"establishment of program
"(b) The Secretary shall carry out the Secretary's responsibilities under this Act through the Assistant Secretary of Labor for Veterans' Employment and Training established under
"eligibility for program; duration of assistance
"(A) is unemployed at the time of applying for participation in a program under this Act; and
"(B) has been unemployed for at least 10 of the 15 weeks immediately preceding the date of such veteran's application for participation in a program under this Act.
"(2) For purposes of paragraph (1), the term 'Korean conflict or Vietnam-era veteran' means a veteran—
"(A) who served in the active military, naval, or air service for a period of more than one hundred and eighty days, any part of which was during the Korean conflict or the Vietnam era; or
"(B) who served in the active military, naval, or air service during the Korean conflict or the Vietnam era and—
"(i) was discharged or released therefrom for a service-connected disability; or
"(ii) is entitled to compensation (or but for the receipt of retirement pay would be entitled to compensation).
"(3) For purposes of paragraph (1), a veteran shall be considered to be unemployed during any period the veteran is without a job and wants and is available for work.
"(b)(1) A veteran who desires to participate in a program of job training under this Act shall submit to the Administrator an application for participation in such a program. Such an application—
"(A) shall include a certification by the veteran that the veteran is unemployed and meets the other criteria for eligibility prescribed by subsection (a); and
"(B) shall be in such form and contain such additional information as the Administrator may prescribe.
"(2)(A) Subject to subparagraph (B), the Administrator shall approve an application by a veteran for participation in a program of job training under this Act unless the Administrator finds that the veteran is not eligible to participate in a program of job training under this Act.
"(B) The Administrator may withhold approval of an application of a veteran under this Act if the Administrator determines that, because of limited funds available for the purpose of making payments to employers under this Act, it is necessary to limit the number of participants in programs under this Act.
"(3)(A) Subject to section 14(c), the Administrator shall certify as eligible for participation under this Act a veteran whose application is approved under this subsection and shall furnish the veteran with a certificate of that veteran's eligibility for presentation to an employer offering a program of job training under this Act. Any such certificate shall expire 90 days after it is furnished to the veteran. The date on which a certificate is furnished to a veteran under this paragraph shall be stated on the certificate.
"(B) A certificate furnished under this paragraph may, upon the veteran's application, be renewed in accordance with the terms and conditions of subparagraph (A).
"(c) The maximum period of training for which assistance may be provided on behalf of a veteran under this Act is—
"(1) fifteen months in the case of—
"(A) a veteran with a service-connected disability rated at 30 percent or more; or
"(B) a veteran with a service-connected disability rated at 10 percent or 20 percent who has been determined under
"(2) nine months in the case of any other veteran.
"employer job training programs
"(2) A program of job training providing training for a period of at least three but less than six months may be approved if the Administrator determines (in accordance with standards which the Administrator shall prescribe) that the purpose of this Act would be met through that program.
"(b) Subject to section 10 and the other provisions of this Act, a veteran who has been approved for participation in a program of job training under this Act and has a current certificate of eligibility for such participation may enter a program of job training that has been approved under section 7 and that is offered to the veteran by the employer.
"approval of employer programs
"(2) Except as provided in subsection (b), the Administrator shall approve a proposed program of job training of an employer unless the Administrator determines that the application does not contain a certification and other information meeting the requirements established under this Act or that withholding of approval is warranted under subsection (g).
"(b) The Administrator may not approve a program of job training—
"(1) for employment which consists of seasonal, intermittent, or temporary jobs;
"(2) for employment under which commissions are the primary source of income;
"(3) for employment which involves political or religious activities;
"(4) for employment with any department, agency, instrumentality, or branch of the Federal Government (including the United States Postal Service and the Postal Rate Commission [Postal Regulatory Commission]); or
"(5) if the training will not be carried out in a State.
"(c) An employer offering a program of job training that the employer desires to have approved for the purposes of this Act shall submit to the Administrator a written application for such approval. Such application shall be in such form as the Administrator shall prescribe.
"(d) An application under subsection (c) shall include a certification by the employer of the following:
"(1) That the employer is planning that, upon a veteran's completion of the program of job training, the employer will employ the veteran in a position for which the veteran has been trained and that the employer expects that such a position will be available on a stable and permanent basis to the veteran at the end of the training period.
"(2) That the wages and benefits to be paid to a veteran participating in the employer's program of job training will be not less than the wages and benefits normally paid to other employees participating in a comparable program of job training.
"(3) That the employment of a veteran under the program—
"(A) will not result in the displacement of currently employed workers (including partial displacement such as a reduction in the hours of nonovertime work, wages, or employment benefits); and
"(B) will not be in a job (i) while any other individual is on layoff from the same or any substantially equivalent job, or (ii) the opening for which was created as a result of the employer having terminated the employment of any regular employee or otherwise having reduced its work force with the intention of hiring a veteran in such job under this Act.
"(4) That the employer will not employ in the program of job training a veteran who is already qualified by training and experience for the job for which training is to be provided.
"(5) That the job which is the objective of the training program is one that involves significant training.
"(6) That the training content of the program is adequate, in light of the nature of the occupation for which training is to be provided and of comparable training opportunities in such occupation, to accomplish the training objective certified under clause (2) of subsection (e).
"(7) That each participating veteran will be employed full time in the program of job training.
"(8) That the training period under the proposed program is not longer than the training periods that employers in the community customarily require new employees to complete in order to become competent in the occupation or job for which training is to be provided.
"(9) That there are in the training establishment or place of employment such space, equipment, instructional material, and instructor personnel as needed to accomplish the training objective certified under clause (2) of subsection (e).
"(10) That the employer will keep records adequate to show the progress made by each veteran participating in the program and otherwise to demonstrate compliance with the requirements established under this Act.
"(11) That the employer will furnish each participating veteran, before the veteran's entry into training, with a copy of the employer's certification under this subsection and will obtain and retain the veteran's signed acknowledgment of having received such certification.
"(12) That, as applicable, the employer will provide each participating veteran with the full opportunity to participate in a personal interview pursuant to section 14(b)(1)(A) during the veteran's normal workday.
"(13) That the program meets such other criteria as the Administrator may determine are essential for the effective implementation of the program established by this Act.
"(e) A certification under subsection (d) shall include—
"(1) a statement indicating (A) the total number of hours of participation in the program of job training to be offered a veteran, (B) the length of the program of job training, and (C) the starting rate of wages to be paid to a participant in the program; and
"(2) a description of the training content of the program (including any agreement the employer has entered into with an educational institution under section 10) and of the objective of the training.
"(f)(1) Except as specified in paragraph (2), each matter required to be certified to in paragraphs (1) through (11) of subsection (d) shall be considered to be a requirement established under this Act.
"(2)(A) For the purposes of section 8(c), only matters required to be certified in paragraphs (1) through (10) of subsection (d) shall be so considered.
"(B) For the purposes of section 11, a matter required to be certified under paragraph (12) of subsection (d) shall also be so considered.
"(g) In accordance with regulations which the Administrator shall prescribe, the Administrator may withhold approval of an employer's proposed program of job training pending the outcome of an investigation under section 12 and, based on the outcome of such an investigation, may disapprove such program.
"(h) For the purposes of this section, approval of a program of apprenticeship or other on-job training for the purposes of
"payments to employers; overpayment
"(2) The total amount that may be paid to an employer on behalf of a veteran participating in a program of job training under this Act is $10,000.
"(3) In order to relieve financial burdens on business enterprises with relatively few numbers of employees, the Administrator may make payments under this Act on a monthly, rather than quarterly, basis to an employer with a number of employees less than a number which shall be specified in regulations which the Administrator shall prescribe for the purposes of this paragraph.
"(b) Payment may not be made to an employer for a period of training under this Act on behalf of a veteran until the Administrator has received—
"(1) from the veteran, a certification that the veteran was employed full time by the employer in a program of job training during such period; and
"(2) from the employer, a certification—
"(A) that the veteran was employed by the employer during that period and that the veteran's performance and progress during such period were satisfactory; and
"(B) of the number of hours worked by the veteran during that period.
With respect to the first such certification by an employer with respect to a veteran, the certification shall indicate the date on which the employment of the veteran began and the starting hourly rate of wages paid to the veteran (without regard to overtime or premium pay).
"(c)(1)(A) Whenever the Administrator finds that an overpayment under this Act has been made to an employer on behalf of a veteran as a result of a certification, or information contained in an application, submitted by an employer which was false in any material respect, the amount of such overpayment shall constitute a liability of the employer to the United States.
"(B) Whenever the Administrator finds that an employer has failed in any substantial respect to comply for a period of time with a requirement established under this Act (unless the employer's failure is the result of false or incomplete information provided by the veteran), each amount paid to the employer on behalf of a veteran for that period shall be considered to be an overpayment under this Act, and the amount of such overpayment shall constitute a liability of the employer to the United States.
"(2) Whenever the Administrator finds that an overpayment under this Act has been made to an employer on behalf of a veteran as a result of a certification by the veteran, or as a result of information provided to an employer or contained in an application submitted by the veteran, which was willfully or negligently false in any material respect, the amount of such overpayment shall constitute a liability of the veteran to the United States.
"(3) Any overpayment referred to in paragraph (1) or (2) may be recovered in the same manner as any other debt due the United States. Any overpayment recovered shall be credited to funds available to make payments under this Act. If there are no such funds, any overpayment recovered shall be deposited into the Treasury.
"(4) Any overpayment referred to in paragraph (1) or (2) may be waived, in whole or in part, in accordance with the terms and conditions set forth in
"entry into program of job training
"provision of training through educational institutions
"discontinuance of approval of participation in certain employer programs
"(b)(1) If the Administrator determines that the rate of veterans' successful completion of an employer's programs of job training previously approved by the Administrator for the purposes of this Act is disproportionately low because of deficiencies in the quality of such programs, the Administrator shall disapprove participation in such programs on the part of veterans who had not begun such participation on the date that the employer is notified of the disapproval. In determining whether any such rate is disproportionately low because of such deficiencies, the Administrator shall take into account appropriate data, including—
"(A) the quarterly data provided by the Secretary with respect to the number of veterans who receive counseling in connection with training under this Act, are referred to employers under this Act, participate in job training under this Act, complete such training or do not complete such training, and the reasons for noncompletion; and
"(B) data compiled through the particular employer's compliance surveys.
"(2) With respect to a disapproval under paragraph (1), the Administrator shall provide to the employer concerned the kind of statement, opportunity for hearing, and notice described in subsection (a).
"(3) A disapproval under paragraph (1) shall remain in effect until such time as the Administrator determines that adequate remedial action has been taken.
"inspection of records; investigations
"(b) The Administrator may monitor employers and veterans participating in programs of job training under this Act to determine compliance with the requirements established under this Act.
"(c) The Administrator may investigate any matter the Administrator considers necessary to determine compliance with the requirements established under this Act. The investigations authorized by this subsection may include examining records (including making certified copies of records), questioning employees, and entering into any premises or onto any site where any part of a program of job training is conducted under this Act, or where any of the records of the employer offering or providing such program are kept.
"(d) The Administrator may administer functions under subsections (b) and (c) in accordance with an agreement between the Administrator and the Secretary providing for the administration of such subsections (or any portion of such subsections) by the Department of Labor. Under such an agreement, any entity of the Department of Labor specified in the agreement may administer such subsections, notwithstanding section 4(b).
"coordination with other programs
"(2) A period of time referred to in paragraph (1) is the period of time beginning on the date on which the veteran enters into an approved program of job training of an employer for purposes of assistance under this Act and ending on the last date for which such assistance is payable.
"(b) Assistance may not be paid under this Act to an employer on behalf of an eligible veteran for any period if the employer receives for that period any other form of assistance on account of the training or employment of the veteran, including assistance under title I of the Workforce Investment Act of 1998 [former
"(c) Assistance may not be paid under this Act on behalf of a veteran who has completed a program of job training under this Act.
"counseling
"(2) The Administrator shall, after consultation with the Secretary, provide a program of job-readiness skills development and counseling services designed to assist veterans in need of such assistance in finding, applying for, and successfully participating in a suitable program of job training under this Act. As part of providing such services, the Administrator shall coordinate activities, to the extent practicable, with the readjustment counseling program described in
"(b)(1) The Secretary shall provide for a program under which—
"(A) except as provided in paragraph (2), a disabled veteran's outreach program specialist appointed under
"(B) the veteran has an in-person interview with the case manager not later than 60 days after entering into a program of training under this Act; and
"(C) periodic (not less frequent than monthly) contact is maintained with each such veteran for the purpose of (i) avoiding unnecessary termination of employment, (ii) referring the veteran to appropriate counseling, if necessary, (iii) facilitating the veteran's successful completion of such program, and (iv) following up with the employer and the veteran in order to determine the veteran's progress in the program and the outcome regarding the veteran's participation in and successful completion of the program.
"(2) No case manager shall be assigned pursuant to paragraph (1)(A)—
"(A) for a veteran if, on the basis of a recommendation made by a disabled veterans' outreach program specialist, the Secretary determines that there is no need for a case manager for such veteran; or
"(B) in the case of the employees of an employer, if the Secretary determines that—
"(i) the employer has an appropriate and effective employee assistance program that is available to all veterans participating in the employer's programs of job training under this Act; or
"(ii) the rate of veterans' successful completion of the employer's programs of job training under this Act, either cumulatively or during the previous program year, is 60 percent or higher.
"(3) The Secretary and the Administrator shall jointly provide, to the extent feasible—
"(A) a program of counseling or other services (to be provided pursuant to subchapter IV of
"(B) a program of information services under which—
"(i) each veteran who enters into a program of job training under this Act and each employer participating under this Act is informed of the supportive services and resources available to the veteran (I) under clauses (A) and (B), (II) through Veterans' Administration counseling and career-development activities (especially, in the case of a Vietnam-era veteran, readjustment counseling services under section 1712A of such title) and under title I of the Workforce Investment Act of 1998 [former
"(ii) veterans and employers are encouraged to request such services whenever appropriate.
"(c) Before a veteran who voluntarily terminates from a program of job training under this Act or is involuntarily terminated from such program by the employer may be eligible to be provided with a further certificate, or renewal of certification, of eligibility for participation under this Act, such veteran must be provided by the Secretary, after consultation with the Administrator, with a case manager.
"(d) Payments made under this Act pursuant to contracts entered into for the provision of job-readiness skills development and counseling services under subsection (a)(2) may only be paid out of the same account used to make payments under
"information and outreach; use of agency resources
"(A) to inform veterans about the employment and job training opportunities available under this Act, under chapters 31, 34, 36, 41, and 42 of
"(B) to inform private industry and business concerns (including small business concerns), public agencies and organizations, educational institutions, trade associations, and labor unions about the job training opportunities available under, and the advantages of participating in, the program established by this Act.
"(2) The Secretary, in consultation with the Administrator, shall promote the development of employment and job training opportunities for veterans by encouraging potential employers to make programs of job training under this Act available for eligible veterans, by advising other appropriate Federal departments and agencies of the program established by this Act, and by advising employers of applicable responsibilities under chapters 41 and 42 of
"(b) The Administrator and the Secretary shall coordinate the outreach and public information program under subsection (a)(1), and job development activities under subsection (a)(2), with job counseling, placement, job development, and other services provided for under chapters 41 and 42 of
"(c)(1) The Administrator and the Secretary shall make available in regional and local offices of the Veterans' Administration and the Department of Labor such personnel as are necessary to facilitate the effective implementation of this Act.
"(2) In carrying out the responsibilities of the Secretary under this Act, the Secretary shall make maximum use of the services of Directors and Assistant Directors for Veterans' Employment and Training, disabled veterans' outreach program specialists, and employees of local offices appointed pursuant to
"(d) The Secretary shall request and obtain from the Administrator of the Small Business Administration a list of small business concerns and shall, on a regular basis, update such list. Such list shall be used to identify and promote possible training and employment opportunities for veterans.
"(e) The Administrator and the Secretary shall assist veterans and employers desiring to participate under this Act in making application and completing necessary certifications.
"(f) The Secretary shall, on a not less frequent than quarterly basis, collect and compile from the heads of State employment services and Directors for Veterans' Employment and Training for each State information available to such heads and Directors, and derived from programs carried out in their respective States, with respect to the numbers of veterans who receive counseling services pursuant to section 14, who are referred to employers participating under this Act, who participate in programs of job training under this Act, and who complete such programs, and the reasons for veterans' noncompletion.
"authorization of appropriations
"(b) Notwithstanding any other provision of law, any funds appropriated under subsection (a) for any fiscal year which are obligated for the purpose of making payments under section 8 on behalf of a veteran (including funds so obligated which previously had been obligated for such purpose on behalf of another veteran and were thereafter deobligated) and are later deobligated shall immediately upon deobligation become available to the Administrator for obligation for such purpose. The further obligation of such funds by the Administrator for such purpose shall not be delayed, directly or indirectly, in any manner by any officer or employee in the executive branch.
"time periods for application and initiation of training
"
"(1) on behalf of a veteran who initially applies for a program of job training under this Act after September 30, 1989; or
"(2) for any such program which begins after March 31, 1990.
"expansion of targeted delimiting date extension
"(b) Funds for the purpose of carrying out subsection (a) shall be derived only from amounts appropriated pursuant to the authorizations of appropriations in section 16. Not more than a total of $25,000,000 of amounts so appropriated for fiscal years 1984 and 1985 shall be available for that purpose.
"effective date
[Amendment of
[
["(1) Except as provided in paragraph (2), the amendments made by this section [amending
["(2) The amendment made by subsection (e)(2) [amending section 17(a)(1) of
Coordination With Programs Under Other Laws
For provisions requiring coordination of programs under
§3172. State allotments
(a) In general
The Secretary shall—
(1) make allotments and grants from the amount appropriated under
(2)(A) reserve 20 percent of the amount appropriated under
(B) make allotments from 80 percent of the amount appropriated under
(b) Allotment among States
(1) Adult employment and training activities
(A) Reservation for outlying areas
(i) In general
From the amount made available under subsection (a)(1) for a fiscal year, the Secretary shall reserve not more than ¼ of 1 percent of such amount to provide assistance to the outlying areas.
(ii) Applicability of additional requirements
From the amount reserved under clause (i), the Secretary shall provide assistance to the outlying areas for adult employment and training activities and statewide workforce investment activities in accordance with the requirements of
(B) States
(i) In general
After determining the amount to be reserved under subparagraph (A), the Secretary shall allot the remainder of the amount made available under subsection (a)(1) for that fiscal year to the States pursuant to clause (ii) for adult employment and training activities and statewide workforce investment activities.
(ii) Formula
Subject to clauses (iii) and (iv), of the remainder—
(I) 331/3 percent shall be allotted on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each State, compared to the total number of unemployed individuals in areas of substantial unemployment in all States;
(II) 331/3 percent shall be allotted on the basis of the relative excess number of unemployed individuals in each State, compared to the total excess number of unemployed individuals in all States; and
(III) 331/3 percent shall be allotted on the basis of the relative number of disadvantaged adults in each State, compared to the total number of disadvantaged adults in all States, except as described in clause (iii).
(iii) Calculation
In determining an allotment under clause (ii)(III) for any State in which there is an area that was designated as a local area as described in
(I) the number of adults in families with an income below the low-income level in such area; or
(II) the number of disadvantaged adults in such area.
(iv) Minimum and maximum percentages and minimum allotments
In making allotments under this subparagraph, the Secretary shall ensure the following:
(I) Minimum percentage and allotment
Subject to subclause (IV), the Secretary shall ensure that no State shall receive an allotment for a fiscal year that is less than an amount based on 90 percent of the allotment percentage of the State for the preceding fiscal year.
(II) Small State minimum allotment
Subject to subclauses (I), (III), and (IV), the Secretary shall ensure that no State shall receive an allotment under this subparagraph that is less than the total of—
(aa) 3/10 of 1 percent of $960,000,000 of the remainder described in clause (i) for the fiscal year; and
(bb) if the remainder described in clause (i) for the fiscal year exceeds $960,000,000, 2/5 of 1 percent of the excess.
(III) Maximum percentage
Subject to subclause (I), the Secretary shall ensure that no State shall receive an allotment percentage for a fiscal year that is more than 130 percent of the allotment percentage of the State for the preceding fiscal year.
(IV) Minimum funding
In any fiscal year in which the remainder described in clause (i) does not exceed $960,000,000, the minimum allotments under subclauses (I) and (II) shall be calculated by the methodology specified in section 132(b)(1)(B)(iv)(IV) of the Workforce Investment Act of 1998 [
(v) Definitions
For the purpose of the formula specified in this subparagraph:
(I) Adult
The term "adult" means an individual who is not less than age 22 and not more than age 72.
(II) Allotment percentage
The term "allotment percentage", used with respect to fiscal year 2015 or a subsequent fiscal year, means a percentage of the remainder described in clause (i) that is received through an allotment made under this subparagraph for the fiscal year. The term, used with respect to fiscal year 2014, means the percentage of the amount allotted to States under section 132(b)(1)(B) of the Workforce Investment Act of 1998 [
(III) Area of substantial unemployment
The term "area of substantial unemployment" means any area that is of sufficient size and scope to sustain a program of workforce investment activities carried out under this part and that has an average rate of unemployment of at least 6.5 percent for the most recent 12 months, as determined by the Secretary. For purposes of this subclause, determinations of areas of substantial unemployment shall be made once each fiscal year.
(IV) Disadvantaged adult
Subject to subclause (V), the term "disadvantaged adult" means an adult who received an income, or is a member of a family that received a total family income, that, in relation to family size, does not exceed the higher of—
(aa) the poverty line; or
(bb) 70 percent of the lower living standard income level.
(V) Disadvantaged adult special rule
The Secretary shall, as appropriate and to the extent practicable, exclude college students and members of the Armed Forces from the determination of the number of disadvantaged adults.
(VI) Excess number
The term "excess number" means, used with respect to the excess number of unemployed individuals within a State, the higher of—
(aa) the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in the State; or
(bb) the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in areas of substantial unemployment in such State.
(VII) Low-income level
The term "low-income level" means $7,000 with respect to income in 1969, and for any later year means that amount that bears the same relationship to $7,000 as the Consumer Price Index for that year bears to the Consumer Price Index for 1969, rounded to the nearest $1,000.
(2) Dislocated worker employment and training activities
(A) Reservation for outlying areas
(i) In general
From the amount made available under subsection (a)(2)(A) for a fiscal year, the Secretary shall reserve not more than ¼ of 1 percent of the amount appropriated under
(ii) Applicability of additional requirements
From the amount reserved under clause (i), the Secretary shall provide assistance to the outlying areas for dislocated worker employment and training activities and statewide workforce investment activities in accordance with the requirements of
(B) States
(i) In general
The Secretary shall allot the amount referred to in subsection (a)(2)(B) for a fiscal year to the States pursuant to clause (ii) for dislocated worker employment and training activities and statewide workforce investment activities.
(ii) Formula
Subject to clause (iii), of the amount—
(I) 331/3 percent shall be allotted on the basis of the relative number of unemployed individuals in each State, compared to the total number of unemployed individuals in all States;
(II) 331/3 percent shall be allotted on the basis of the relative excess number of unemployed individuals in each State, compared to the total excess number of unemployed individuals in all States; and
(III) 331/3 percent shall be allotted on the basis of the relative number of individuals in each State who have been unemployed for 15 weeks or more, compared to the total number of individuals in all States who have been unemployed for 15 weeks or more.
(iii) Minimum and maximum percentages and minimum allotments
In making allotments under this subparagraph, for fiscal year 2016 and each subsequent fiscal year, the Secretary shall ensure the following:
(I) Minimum percentage and allotment
The Secretary shall ensure that no State shall receive an allotment for a fiscal year that is less than an amount based on 90 percent of the allotment percentage of the State for the preceding fiscal year.
(II) Maximum percentage
Subject to subclause (I), the Secretary shall ensure that no State shall receive an allotment percentage for a fiscal year that is more than 130 percent of the allotment percentage of the State for the preceding fiscal year.
(iv) Definitions
For the purpose of the formula specified in this subparagraph:
(I) Allotment percentage
The term "allotment percentage", used with respect to fiscal year 2015 or a subsequent fiscal year, means a percentage of the amount described in clause (i) that is received through an allotment made under this subparagraph for the fiscal year.
(II) Excess number
The term "excess number" means, used with respect to the excess number of unemployed individuals within a State, the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in the State.
(c) Reallotment
(1) In general
The Secretary shall, in accordance with this subsection, reallot to eligible States amounts that are made available to States from allotments made under this section or a corresponding provision of the Workforce Investment Act of 1998 for employment and training activities and statewide workforce investment activities (referred to individually in this subsection as a "State allotment") and that are available for reallotment.
(2) Amount
The amount available for reallotment for a program year for programs funded under subsection (b)(1)(B) (relating to adult employment and training) or for programs funded under subsection (b)(2)(B) (relating to dislocated worker employment and training) is equal to the amount by which the unobligated balance of the State allotments for adult employment and training activities or dislocated worker employment and training activities, respectively, at the end of the program year prior to the program year for which the determination under this paragraph is made, exceeds 20 percent of such allotments for the prior program year.
(3) Reallotment
In making reallotments to eligible States of amounts available pursuant to paragraph (2) for a program year, the Secretary shall allot to each eligible State an amount based on the relative amount of the State allotment under paragraph (1)(B) or (2)(B), respectively, of subsection (b) for the program year for which the determination is made, as compared to the total amount of the State allotments under paragraph (1)(B) or (2)(B), respectively, of subsection (b) for all eligible States for such program year.
(4) Eligibility
For purposes of this subsection, an eligible State means—
(A) with respect to funds allotted through a State allotment for adult employment and training activities, a State that does not have an amount of such funds available for reallotment under paragraph (2) for the program year for which the determination under paragraph (2) is made; and
(B) with respect to funds allotted through a State allotment for dislocated worker employment and training activities, a State that does not have an amount of such funds available for reallotment under paragraph (2) for the program year for which the determination under paragraph (2) is made.
(5) Procedures
The Governor shall prescribe uniform procedures for the obligation of funds by local areas within the State in order to avoid the requirement that funds be made available for reallotment under this subsection. The Governor shall further prescribe equitable procedures for making funds available from the State and local areas in the event that a State is required to make funds available for reallotment under this subsection.
(
Editorial Notes
References in Text
The Workforce Investment Act of 1998, referred to in subsec. (c)(1), is
Amendments
2015—Subsec. (b)(1)(B)(iv)(I), (2)(B)(iii)(I).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by
Effective Date
Section effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of
§3173. Within State allocations
(a) Reservations for State activities
(1) Statewide workforce investment activities
The Governor shall make the reservation required under
(2) Statewide rapid response activities
The Governor shall reserve not more than 25 percent of the total amount allotted to the State under
(b) Within State allocation
(1) Methods
The Governor, acting in accordance with the State plan, and after consulting with chief elected officials and local boards in the local areas, shall allocate—
(A) the funds that are allotted to the State for adult employment and training activities and statewide workforce investment activities under
(B) the funds that are allotted to the State for dislocated worker employment and training activities and statewide workforce investment activities under
(2) Formula allocations
(A) Adult employment and training activities
(i) Allocation
In allocating the funds described in paragraph (1)(A) to local areas, a State may allocate—
(I) 331/3 percent of the funds on the basis described in
(II) 331/3 percent of the funds on the basis described in
(III) 331/3 percent of the funds on the basis described in clauses (ii)(III) and (iii) of
(ii) Minimum percentage
The local area shall not receive an allocation percentage for a fiscal year that is less than 90 percent of the average allocation percentage of the local area for the 2 preceding fiscal years. Amounts necessary for increasing such allocations to local areas to comply with the preceding sentence shall be obtained by ratably reducing the allocations to be made to other local areas under this subparagraph.
(iii) Definition
In this subparagraph, the term "allocation percentage", used with respect to fiscal year 2015 or a subsequent fiscal year, means a percentage of the funds referred to in clause (i), received through an allocation made under this subparagraph, for the fiscal year. The term, used with respect to fiscal year 2013 or 2014, means a percentage of the amount allocated to local areas under paragraphs (2)(A) and (3) of section 133(b) of the Workforce Investment Act of 1998 [
(B) Dislocated worker employment and training activities
(i) Allocation
In allocating the funds described in paragraph (1)(B) to local areas, a State shall allocate the funds based on an allocation formula prescribed by the Governor of the State. Such formula may be amended by the Governor not more than once for each program year. Such formula shall utilize the most appropriate information available to the Governor to distribute amounts to address the State's worker readjustment assistance needs.
(ii) Information
The information described in clause (i) shall include insured unemployment data, unemployment concentrations, plant closing and mass layoff data, declining industries data, farmer-rancher economic hardship data, and long-term unemployment data.
(iii) Minimum percentage
The local area shall not receive an allocation percentage for fiscal year 2016 or a subsequent fiscal year that is less than 90 percent of the average allocation percentage of the local area for the 2 preceding fiscal years. Amounts necessary for increasing such allocations to local areas to comply with the preceding sentence shall be obtained by ratably reducing the allocations to be made to other local areas under this subparagraph.
(iv) Definition
In this subparagraph, the term "allocation percentage", used with respect to fiscal year 2015 or a subsequent fiscal year, means a percentage of the funds referred to in clause (i), received through an allocation made under this subparagraph for the fiscal year. The term, used with respect to fiscal year 2014, means a percentage of the amount allocated to local areas under section 133(b)(2)(B) of the Workforce Investment Act of 1998 [
(C) Application
For purposes of carrying out subparagraph (A)—
(i) references in
(ii) references in
(iii) except as described in clause (i), references in
(3) Adult employment and training discretionary allocations
In lieu of making the allocation described in paragraph (2)(A), in allocating the funds described in paragraph (1)(A) to local areas, a State may distribute—
(A) a portion equal to not less than 70 percent of the funds in accordance with paragraph (2)(A); and
(B) the remaining portion of the funds on the basis of a formula that—
(i) incorporates additional factors (other than the factors described in paragraph (2)(A)) relating to—
(I) excess poverty in urban, rural, and suburban local areas; and
(II) excess unemployment above the State average in urban, rural, and suburban local areas; and
(ii) was developed by the State board and approved by the Secretary as part of the State plan.
(4) Transfer authority
A local board may transfer, if such a transfer is approved by the Governor, up to and including 100 percent of the funds allocated to the local area under paragraph (2)(A) or (3), and up to and including 100 percent of the funds allocated to the local area under paragraph (2)(B), for a fiscal year between—
(A) adult employment and training activities; and
(B) dislocated worker employment and training activities.
(5) Allocation
(A) In general
The Governor shall allocate the funds described in paragraph (1) to local areas under paragraphs (2) and (3) for the purpose of providing a single system of employment and training activities for adults and dislocated workers in accordance with subsections (c) and (d) of
(B) Additional requirements
(i) Adults
Funds allocated under paragraph (2)(A) or (3) shall be used by a local area to contribute to the costs of the one-stop delivery system described in
(ii) Dislocated workers
Funds allocated under paragraph (2)(B) shall be used by a local area to contribute to the costs of the one-stop delivery system described in
(c) Reallocation among local areas
(1) In general
The Governor may, in accordance with this subsection and after consultation with the State board, reallocate to eligible local areas within the State amounts that are made available to local areas from allocations made under paragraph (2)(A) or (3) of subsection (b) or a corresponding provision of the Workforce Investment Act of 1998 for adult employment and training activities, or under subsection (b)(2)(B) or a corresponding provision of the Workforce Investment Act of 1998 for dislocated worker employment and training activities (referred to individually in this subsection as a "local allocation") and that are available for reallocation.
(2) Amount
The amount available for reallocation for a program year—
(A) for adult employment and training activities is equal to the amount by which the unobligated balance of the local allocation under paragraph (2)(A) or (3) of subsection (b) for such activities, at the end of the program year prior to the program year for which the determination under this subparagraph is made, exceeds 20 percent of such allocation for the prior program year; and
(B) for dislocated worker employment and training activities is equal to the amount by which the unobligated balance of the local allocation under subsection (b)(2)(B) for such activities, at the end of the program year prior to the program year for which the determination under this subparagraph is made, exceeds 20 percent of such allocation for the prior program year.
(3) Reallocation
In making reallocations to eligible local areas of amounts available pursuant to paragraph (2) for a program year, the Governor shall allocate to each eligible local area within the State—
(A) with respect to such available amounts that were allocated under paragraph (2)(A) or (3) of subsection (b), an amount based on the relative amount of the local allocation under paragraph (2)(A) or (3) of subsection (b), as appropriate, for the program year for which the determination is made, as compared to the total amount of the local allocations under paragraph (2)(A) or (3) of subsection (b), as appropriate, for all eligible local areas in the State for such program year; and
(B) with respect to such available amounts that were allocated under subsection (b)(2)(B), an amount based on the relative amount of the local allocation under subsection (b)(2)(B) for the program year for which the determination is made, as compared to the total amount of the local allocations under subsection (b)(2)(B) for all eligible local areas in the State for such program year.
(4) Eligibility
For purposes of this subsection, an eligible local area means—
(A) with respect to funds allocated through a local allocation for adult employment and training activities, a local area that does not have an amount of such funds available for reallocation under paragraph (2) for the program year for which the determination under paragraph (2) is made; and
(B) with respect to funds allocated through a local allocation for dislocated worker employment and training activities, a local area that does not have an amount of such funds available for reallocation under paragraph (2) for the program year for which the determination under paragraph (2) is made.
(
Editorial Notes
References in Text
The Workforce Investment Act of 1998, referred to in subsec. (c)(1), is
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of
§3174. Use of funds for employment and training activities
(a) Statewide employment and training activities
(1) In general
Funds reserved by a Governor—
(A) as described in
(B) as described in
(i) shall be used to carry out the statewide employment and training activities described in paragraph (2)(B); and
(ii) may be used to carry out any of the statewide employment and training activities described in paragraph (3),
regardless of whether the funds were allotted to the State under
(2) Required statewide employment and training activities
(A) Statewide rapid response activities
(i) In general
A State shall carry out statewide rapid response activities using funds reserved by the Governor for the State under
(I) provision of rapid response activities, carried out in local areas by the State or by an entity designated by the State, working in conjunction with the local boards and the chief elected officials for the local areas; and
(II) provision of additional assistance to local areas that experience disasters, mass layoffs, or plant closings, or other events that precipitate substantial increases in the number of unemployed individuals, carried out in local areas by the State, working in conjunction with the local boards and the chief elected officials for the local areas.
(ii) Use of unobligated funds
Funds reserved by a Governor under
(B) Statewide employment and training activities
Funds reserved by a Governor under
(i) providing assistance to—
(I) State entities and agencies, local areas, and one-stop partners in carrying out the activities described in the State plan, including the coordination and alignment of data systems used to carry out the requirements of this Act;
(II) local areas for carrying out the regional planning and service delivery efforts required under
(III) local areas by providing information on and support for the effective development, convening, and implementation of industry or sector partnerships; and
(IV) local areas, one-stop operators, one-stop partners, and eligible providers, including the development and training of staff, which may include the development and training of staff to provide opportunities for individuals with barriers to employment to enter in-demand industry sectors or occupations and nontraditional occupations, the development of exemplary program activities, and the provision of technical assistance to local areas that fail to meet local performance accountability measures described in
(ii) providing assistance to local areas as described in
(iii) operating a fiscal and management accountability information system in accordance with
(iv) carrying out monitoring and oversight of activities carried out under this subpart and subpart 2;
(v) disseminating—
(I) the State list of eligible providers of training services, including eligible providers of nontraditional training services and eligible providers of apprenticeship programs described in
(II) information identifying eligible providers of on-the-job training, customized training, incumbent worker training, internships, paid or unpaid work experience opportunities, or transitional jobs;
(III) information on effective outreach to, partnerships with, and services for, business;
(IV) information on effective service delivery strategies to serve workers and job seekers;
(V) performance information and information on the cost of attendance (including tuition and fees) for participants in applicable programs, as described in subsections (d) and (h) of
(VI) information on physical and programmatic accessibility, in accordance with
(vi) conducting evaluations under
(3) Allowable statewide employment and training activities
(A) In general
Funds reserved by a Governor under
(i) implementing innovative programs and strategies designed to meet the needs of all employers (including small employers) in the State, which programs and strategies may include incumbent worker training programs, customized training, sectoral and industry cluster strategies and implementation of industry or sector partnerships, career pathway programs, microenterprise and entrepreneurial training and support programs, utilization of effective business intermediaries, layoff aversion strategies, activities to improve linkages between the one-stop delivery system in the State and all employers (including small employers) in the State, and other business services and strategies that better engage employers in workforce investment activities and make the workforce development system more relevant to the needs of State and local businesses, consistent with the objectives of this subchapter;
(ii) developing strategies for effectively serving individuals with barriers to employment and for coordinating programs and services among one-stop partners;
(iii) the development or identification of education and training programs that respond to real-time labor market analysis, that utilize direct assessment and prior learning assessment to measure and provide credit for prior knowledge, skills, competencies, and experiences, that evaluate such skills and competencies for adaptability, that ensure credits are portable and stackable for more skilled employment, and that accelerate course or credential completion;
(iv) implementing programs to increase the number of individuals training for and placed in nontraditional employment;
(v) carrying out activities to facilitate remote access to services, including training services described in subsection (c)(3), provided through a one-stop delivery system, including facilitating access through the use of technology;
(vi) supporting the provision of career services described in subsection (c)(2) in the one-stop delivery systems in the State;
(vii) coordinating activities with the child welfare system to facilitate provision of services for children and youth who are eligible for assistance under section 477 of the Social Security Act (
(viii) activities—
(I) to improve coordination of workforce investment activities with economic development activities;
(II) to improve coordination of employment and training activities with—
(aa) child support services, and assistance provided by State and local agencies carrying out part D of title IV of the Social Security Act (
(bb) cooperative extension programs carried out by the Department of Agriculture;
(cc) programs carried out in local areas for individuals with disabilities, including programs carried out by State agencies relating to intellectual disabilities and developmental disabilities, activities carried out by Statewide Independent Living Councils established under section 705 of the Rehabilitation Act of 1973 (
(dd) adult education and literacy activities, including those provided by public libraries;
(ee) activities in the corrections system that assist ex-offenders in reentering the workforce; and
(ff) financial literacy activities including those described in
(III) consisting of development and dissemination of workforce and labor market information;
(ix) conducting research and demonstration projects related to meeting the employment and education needs of adult and dislocated workers;
(x) implementing promising services for workers and businesses, which may include providing support for education, training, skill upgrading, and statewide networking for employees to become workplace learning advisors and maintain proficiency in carrying out the activities associated with such advising;
(xi) providing incentive grants to local areas for performance by the local areas on local performance accountability measures described in
(xii) adopting, calculating, or commissioning for approval an economic self-sufficiency standard for the State that specifies the income needs of families, by family size, the number and ages of children in the family, and substate geographical considerations;
(xiii) developing and disseminating common intake procedures and related items, including registration processes, materials, or software; and
(xiv) providing technical assistance to local areas that are implementing pay-for-performance contract strategies, which technical assistance may include providing assistance with data collection, meeting data entry requirements, identifying levels of performance, and conducting evaluations of such strategies.
(B) Limitation
(i) In general
Of the funds allotted to a State under
(I) not more than 5 percent of the amount allotted under
(II) not more than 5 percent of the amount allotted under
(III) not more than 5 percent of the amount allotted under
may be used by the State for the administration of statewide youth workforce investment activities carried out under
(ii) Use of funds
Funds made available for administrative costs under clause (i) may be used for the administrative cost of any of the statewide youth workforce investment activities or statewide employment and training activities, regardless of whether the funds were allotted to the State under
(b) Local employment and training activities
Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of
(1) shall be used to carry out employment and training activities described in subsection (c) for adults or dislocated workers, respectively; and
(2) may be used to carry out employment and training activities described in subsection (d) for adults or dislocated workers, respectively.
(c) Required local employment and training activities
(1) In general
(A) Allocated funds
Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of
(i) to establish a one-stop delivery system described in
(ii) to provide the career services described in paragraph (2) to adults and dislocated workers, respectively, through the one-stop delivery system in accordance with such paragraph;
(iii) to provide training services described in paragraph (3) to adults and dislocated workers, respectively, described in such paragraph;
(iv) to establish and develop relationships and networks with large and small employers and their intermediaries; and
(v) to develop, convene, or implement industry or sector partnerships.
(B) Other funds
Consistent with subsections (h) and (i) of
(2) Career services
(A) Services provided
Funds described in paragraph (1) shall be used to provide career services, which shall be available to individuals who are adults or dislocated workers through the one-stop delivery system and shall, at a minimum, include—
(i) determinations of whether the individuals are eligible to receive assistance under this part;
(ii) outreach, intake (which may include worker profiling), and orientation to the information and other services available through the one-stop delivery system;
(iii) initial assessment of skill levels (including literacy, numeracy, and English language proficiency), aptitudes, abilities (including skills gaps), and supportive service needs;
(iv) labor exchange services, including—
(I) job search and placement assistance and, in appropriate cases, career counseling, including—
(aa) provision of information on in-demand industry sectors and occupations; and
(bb) provision of information on nontraditional employment; and
(II) appropriate recruitment and other business services on behalf of employers, including small employers, in the local area, which services may include services described in this subsection, such as providing information and referral to specialized business services not traditionally offered through the one-stop delivery system;
(v) provision of referrals to and coordination of activities with other programs and services, including programs and services within the one-stop delivery system and, in appropriate cases, other workforce development programs;
(vi) provision of workforce and labor market employment statistics information, including the provision of accurate information relating to local, regional, and national labor market areas, including—
(I) job vacancy listings in such labor market areas;
(II) information on job skills necessary to obtain the jobs described in subclause (I); and
(III) information relating to local occupations in demand and the earnings, skill requirements, and opportunities for advancement for such occupations; and
(vii) provision of performance information and program cost information on eligible providers of training services as described in
(viii) provision of information, in formats that are usable by and understandable to one-stop center customers, regarding how the local area is performing on the local performance accountability measures described in
(ix)(I) provision of information, in formats that are usable by and understandable to one-stop center customers, relating to the availability of supportive services or assistance, including child care, child support, medical or child health assistance under title XIX or XXI of the Social Security Act (
(II) referral to the services or assistance described in subclause (I), as appropriate;
(x) provision of information and assistance regarding filing claims for unemployment compensation;
(xi) assistance in establishing eligibility for programs of financial aid assistance for training and education programs that are not funded under this Act;
(xii) services, if determined to be appropriate in order for an individual to obtain or retain employment, that consist of—
(I) comprehensive and specialized assessments of the skill levels and service needs of adults and dislocated workers, which may include—
(aa) diagnostic testing and use of other assessment tools; and
(bb) in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals;
(II) development of an individual employment plan, to identify the employment goals, appropriate achievement objectives, and appropriate combination of services for the participant to achieve the employment goals, including providing information on eligible providers of training services pursuant to paragraph (3)(F)(ii), and career pathways to attain career objectives;
(III) group counseling;
(IV) individual counseling;
(V) career planning;
(VI) short-term prevocational services, including development of learning skills, communication skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct, to prepare individuals for unsubsidized employment or training;
(VII) internships and work experiences that are linked to careers;
(VIII) workforce preparation activities;
(IX) financial literacy services, such as the activities described in
(X) out-of-area job search assistance and relocation assistance; or
(XI) English language acquisition and integrated education and training programs; and
(xiii) followup services, including counseling regarding the workplace, for participants in workforce investment activities authorized under this part who are placed in unsubsidized employment, for not less than 12 months after the first day of the employment, as appropriate.
(B) Use of previous assessments
A one-stop operator or one-stop partner shall not be required to conduct a new interview, evaluation, or assessment of a participant under subparagraph (A)(xii) if the one-stop operator or one-stop partner determines that it is appropriate to use a recent interview, evaluation, or assessment of the participant conducted pursuant to another education or training program.
(C) Delivery of services
The career services described in subparagraph (A) shall be provided through the one-stop delivery system—
(i) directly through one-stop operators identified pursuant to
(ii) through contracts with service providers, which may include contracts with public, private for-profit, and private nonprofit service providers, approved by the local board.
(3) Training services
(A) In general
(i) Eligibility
Except as provided in clause (ii), funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of
(I) who, after an interview, evaluation, or assessment, and career planning, have been determined by a one-stop operator or one-stop partner, as appropriate, to—
(aa) be unlikely or unable to obtain or retain employment, that leads to economic self-sufficiency or wages comparable to or higher than wages from previous employment, through the career services described in paragraph (2)(A)(xii);
(bb) be in need of training services to obtain or retain employment that leads to economic self-sufficiency or wages comparable to or higher than wages from previous employment; and
(cc) have the skills and qualifications to successfully participate in the selected program of training services;
(II) who select programs of training services that are directly linked to the employment opportunities in the local area or the planning region, or in another area to which the adults or dislocated workers are willing to commute or relocate;
(III) who meet the requirements of subparagraph (B); and
(IV) who are determined to be eligible in accordance with the priority system in effect under subparagraph (E).
(ii) Use of previous assessments
A one-stop operator or one-stop partner shall not be required to conduct a new interview, evaluation, or assessment of a participant under clause (i) if the one-stop operator or one-stop partner determines that it is appropriate to use a recent interview, evaluation, or assessment of the participant conducted pursuant to another education or training program.
(iii) Rule of construction
Nothing in this subparagraph shall be construed to mean an individual is required to receive career services prior to receiving training services.
(B) Qualification
(i) Requirement
Notwithstanding section 479B of the Higher Education Act of 1965 (
(I) are unable to obtain other grant assistance for such services, including Federal Pell Grants established under subpart 1 of part A of title IV of the Higher Education Act of 1965 (
(II) require assistance beyond the assistance made available under other grant assistance programs, including Federal Pell Grants.
(ii) Reimbursements
Training services may be provided under this paragraph to an individual who otherwise meets the requirements of this paragraph while an application for a Federal Pell Grant is pending, except that if such individual is subsequently awarded a Federal Pell Grant, appropriate reimbursement shall be made to the local area from such Federal Pell Grant.
(iii) Consideration
In determining whether an individual requires assistance under clause (i)(II), a one-stop operator (or one-stop partner, where appropriate) may take into consideration the full cost of participating in training services, including the costs of dependent care and transportation, and other appropriate costs.
(C) Provider qualification
Training services shall be provided through providers identified in accordance with
(D) Training services
Training services may include—
(i) occupational skills training, including training for nontraditional employment;
(ii) on-the-job training;
(iii) incumbent worker training in accordance with subsection (d)(4);
(iv) programs that combine workplace training with related instruction, which may include cooperative education programs;
(v) training programs operated by the private sector;
(vi) skill upgrading and retraining;
(vii) entrepreneurial training;
(viii) transitional jobs in accordance with subsection (d)(5);
(ix) job readiness training provided in combination with services described in any of clauses (i) through (viii);
(x) adult education and literacy activities, including activities of English language acquisition and integrated education and training programs, provided concurrently or in combination with services described in any of clauses (i) through (vii); and
(xi) customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training.
(E) Priority
With respect to funds allocated to a local area for adult employment and training activities under paragraph (2)(A) or (3) of
(F) Consumer choice requirements
(i) In general
Training services provided under this paragraph shall be provided in a manner that maximizes consumer choice in the selection of an eligible provider of such services.
(ii) Eligible providers
Each local board, through one-stop centers, shall make available the list of eligible providers of training services described in
(iii) Individual training accounts
An individual who seeks training services and who is eligible pursuant to subparagraph (A), may, in consultation with a career planner, select an eligible provider of training services from the list of providers described in clause (ii). Upon such selection, the one-stop operator involved shall, to the extent practicable, refer such individual to the eligible provider of training services, and arrange for payment for such services through an individual training account.
(iv) Coordination
Each local board may, through one-stop centers, coordinate funding for individual training accounts with funding from other Federal, State, local, or private job training programs or sources to assist the individual in obtaining training services.
(v) Additional information
Priority consideration shall, consistent with clause (i), be given to programs that lead to recognized postsecondary credentials that are aligned with in-demand industry sectors or occupations in the local area involved.
(G) Use of individual training accounts
(i) In general
Except as provided in clause (ii), training services provided under this paragraph shall be provided through the use of individual training accounts in accordance with this paragraph, and shall be provided to eligible individuals through the one-stop delivery system.
(ii) Training contracts
Training services authorized under this paragraph may be provided pursuant to a contract for services in lieu of an individual training account if—
(I) the requirements of subparagraph (F) are met;
(II) such services are on-the-job training, customized training, incumbent worker training, or transitional employment;
(III) the local board determines there are an insufficient number of eligible providers of training services in the local area involved (such as in a rural area) to accomplish the purposes of a system of individual training accounts;
(IV) the local board determines that there is a training services program of demonstrated effectiveness offered in the local area by a community-based organization or another private organization to serve individuals with barriers to employment;
(V) the local board determines that—
(aa) it would be most appropriate to award a contract to an institution of higher education or other eligible provider of training services in order to facilitate the training of multiple individuals in in-demand industry sectors or occupations; and
(bb) such contract does not limit customer choice; or
(VI) the contract is a pay-for-performance contract.
(iii) Linkage to occupations in demand
Training services provided under this paragraph shall be directly linked to an in-demand industry sector or occupation in the local area or the planning region, or in another area to which an adult or dislocated worker receiving such services is willing to relocate, except that a local board may approve training services for occupations determined by the local board to be in sectors of the economy that have a high potential for sustained demand or growth in the local area.
(iv) Rule of construction
Nothing in this paragraph shall be construed to preclude the combined use of individual training accounts and contracts in the provision of training services, including arrangements that allow individuals receiving individual training accounts to obtain training services that are contracted for under clause (ii).
(H) Reimbursement for on-the-job training
(i) Reimbursement level
For purposes of the provision of on-the-job training under this paragraph, the Governor or local board involved may increase the amount of the reimbursement described in
(I) the Governor approves the increase with respect to a program carried out with funds reserved by the State under that subpart, taking into account the factors described in clause (ii); or
(II) the local board approves the increase with respect to a program carried out with funds allocated to a local area under such subpart, taking into account those factors.
(ii) Factors
For purposes of clause (i), the Governor or local board, respectively, shall take into account factors consisting of—
(I) the characteristics of the participants;
(II) the size of the employer;
(III) the quality of employer-provided training and advancement opportunities; and
(IV) such other factors as the Governor or local board, respectively, may determine to be appropriate, which may include the number of employees participating in the training, wage and benefit levels of those employees (at present and anticipated upon completion of the training), and relation of the training to the competitiveness of a participant.
(d) Permissible local employment and training activities
(1) In general
(A) Activities
Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of
(i) customized screening and referral of qualified participants in training services described in subsection (c)(3) to employers;
(ii) customized employment-related services to employers, employer associations, or other such organizations on a fee-for-service basis;
(iii) implementation of a pay-for-performance contract strategy for training services, for which the local board may reserve and use not more than 10 percent of the total funds allocated to the local area under paragraph (2) or (3) of
(iv) customer support to enable individuals with barriers to employment (including individuals with disabilities) and veterans, to navigate among multiple services and activities for such populations;
(v) technical assistance for one-stop operators, one-stop partners, and eligible providers of training services, regarding the provision of services to individuals with disabilities in local areas, including the development and training of staff, the provision of outreach, intake, assessments, and service delivery, the coordination of services across providers and programs, and the development of performance accountability measures;
(vi) employment and training activities provided in coordination with—
(I) child support enforcement activities of the State and local agencies carrying out part D of title IV of the Social Security Act (
(II) child support services, and assistance, provided by State and local agencies carrying out part D of title IV of the Social Security Act (
(III) cooperative extension programs carried out by the Department of Agriculture; and
(IV) activities to facilitate remote access to services provided through a one-stop delivery system, including facilitating access through the use of technology;
(vii) activities—
(I) to improve coordination between workforce investment activities and economic development activities carried out within the local area involved, and to promote entrepreneurial skills training and microenterprise services;
(II) to improve services and linkages between the local workforce investment system (including the local one-stop delivery system) and employers, including small employers, in the local area, through services described in this section; and
(III) to strengthen linkages between the one-stop delivery system and unemployment insurance programs;
(viii) training programs for displaced homemakers and for individuals training for nontraditional occupations, in conjunction with programs operated in the local area;
(ix) activities to provide business services and strategies that meet the workforce investment needs of area employers, as determined by the local board, consistent with the local plan under
(I) may be provided through effective business intermediaries working in conjunction with the local board, and may also be provided on a fee-for-service basis or through the leveraging of economic development, philanthropic, and other public and private resources in a manner determined appropriate by the local board; and
(II) may include—
(aa) developing and implementing industry sector strategies (including strategies involving industry partnerships, regional skills alliances, industry skill panels, and sectoral skills partnerships);
(bb) developing and delivering innovative workforce investment services and strategies for area employers, which may include career pathways, skills upgrading, skill standard development and certification for recognized postsecondary credential or other employer use, apprenticeship, and other effective initiatives for meeting the workforce investment needs of area employers and workers;
(cc) assistance to area employers in managing reductions in force in coordination with rapid response activities provided under subsection (a)(2)(A) and with strategies for the aversion of layoffs, which strategies may include early identification of firms at risk of layoffs, use of feasibility studies to assess the needs of and options for at-risk firms, and the delivery of employment and training activities to address risk factors; and
(dd) the marketing of business services offered under this subchapter, to appropriate area employers, including small and mid-sized employers;
(x) activities to adjust the economic self-sufficiency standards referred to in subsection (a)(3)(A)(xii) for local factors, or activities to adopt, calculate, or commission for approval, economic self-sufficiency standards for the local areas that specify the income needs of families, by family size, the number and ages of children in the family, and substate geographical considerations;
(xi) improved coordination between employment and training activities and programs carried out in the local area for individuals with disabilities, including programs carried out by State agencies relating to intellectual disabilities and developmental disabilities, activities carried out by Statewide Independent Living Councils established under section 705 of the Rehabilitation Act of 1973 (
(xii) implementation of promising services to workers and businesses, which may include support for education, training, skill upgrading, and statewide networking for employees to become workplace learning advisors and maintain proficiency in carrying out the activities associated with such advising.
(B) Work support activities for low-wage workers
(i) In general
Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of
(ii) Activities
The work support activities described in clause (i) may include the provision of activities described in this section through the one-stop delivery system in a manner that enhances the opportunities of such workers to participate in the activities, such as the provision of activities described in this section during nontraditional hours and the provision of onsite child care while such activities are being provided.
(2) Supportive services
Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of
(A) who are participating in programs with activities authorized in paragraph (2) or (3) of subsection (c); and
(B) who are unable to obtain such supportive services through other programs providing such services.
(3) Needs-related payments
(A) In general
Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of
(B) Additional eligibility requirements
In addition to the requirements contained in subparagraph (A), a dislocated worker who has ceased to qualify for unemployment compensation may be eligible to receive needs-related payments under this paragraph only if such worker was enrolled in the training services—
(i) by the end of the 13th week after the most recent layoff that resulted in a determination of the worker's eligibility for employment and training activities for dislocated workers under this part; or
(ii) if later, by the end of the 8th week after the worker is informed that a short-term layoff will exceed 6 months.
(C) Level of payments
The level of a needs-related payment made to a dislocated worker under this paragraph shall not exceed the greater of—
(i) the applicable level of unemployment compensation; or
(ii) if such worker did not qualify for unemployment compensation, an amount equal to the poverty line, for an equivalent period, which amount shall be adjusted to reflect changes in total family income.
(4) Incumbent worker training programs
(A) In general
(i) Standard reservation of funds
The local board may reserve and use not more than 20 percent of the funds allocated to the local area involved under
(ii) Determination of eligibility
For the purpose of determining the eligibility of an employer to receive funding under clause (i), the local board shall take into account factors consisting of—
(I) the characteristics of the participants in the program;
(II) the relationship of the training to the competitiveness of a participant and the employer; and
(III) such other factors as the local board may determine to be appropriate, which may include the number of employees participating in the training, the wage and benefit levels of those employees (at present and anticipated upon completion of the training), and the existence of other training and advancement opportunities provided by the employer.
(iii) Statewide impact
The Governor or State board involved may make recommendations to the local board for providing incumbent worker training that has statewide impact.
(B) Training activities
The training program for incumbent workers carried out under this paragraph shall be carried out by the local board in conjunction with the employers or groups of employers of such workers (which may include employers in partnership with other entities for the purposes of delivering training) for the purpose of assisting such workers in obtaining the skills necessary to retain employment or avert layoffs.
(C) Employer payment of non-Federal share
Employers participating in the program carried out under this paragraph shall be required to pay for the non-Federal share of the cost of providing the training to incumbent workers of the employers.
(D) Non-Federal share
(i) Factors
Subject to clause (ii), the local board shall establish the non-Federal share of such cost (taking into consideration such other factors as the number of employees participating in the training, the wage and benefit levels of the employees (at the beginning and anticipated upon completion of the training), the relationship of the training to the competitiveness of the employer and employees, and the availability of other employer-provided training and advancement opportunities.1
(ii) Limits
The non-Federal share shall not be less than—
(I) 10 percent of the cost, for employers with not more than 50 employees;
(II) 25 percent of the cost, for employers with more than 50 employees but not more than 100 employees; and
(III) 50 percent of the cost, for employers with more than 100 employees.
(iii) Calculation of employer share
The non-Federal share provided by an employer participating in the program may include the amount of the wages paid by the employer to a worker while the worker is attending a training program under this paragraph. The employer may provide the share in cash or in kind, fairly evaluated.
(5) Transitional jobs
The local board may use not more than 10 percent of the funds allocated to the local area involved under
(A) are time-limited work experiences that are subsidized and are in the public, private, or nonprofit sectors for individuals with barriers to employment who are chronically unemployed or have an inconsistent work history;
(B) are combined with comprehensive employment and supportive services; and
(C) are designed to assist the individuals described in subparagraph (A) to establish a work history, demonstrate success in the workplace, and develop the skills that lead to entry into and retention in unsubsidized employment.
(
Editorial Notes
References in Text
This Act, referred to in subsecs. (a)(2)(B)(i)(I) and (c)(2)(A)(xi), is
The Americans with Disabilities Act of 1990, referred to in subsec. (a)(2)(B)(v)(VI), is
The Social Security Act, referred to in subsecs. (a)(3)(A)(viii)(II)(aa), (c)(2)(A)(ix)(I), and (d)(1)(A)(vi)(I), (II), is act Aug. 14, 1935, ch. 531,
The Rehabilitation Act of 1973, referred to in subsecs. (a)(3)(A)(viii)(II)(cc), (c)(2)(A)(vii), and (d)(1)(A)(xi), is
The Wagner-Peyser Act, referred to in (c)(1)(B), is act June 6, 1933, ch. 49,
The Carl D. Perkins Career and Technical Education Act of 2006, referred to in subsec. (c)(2)(A)(vii), is
The Food and Nutrition Act of 2008, referred to in subsec. (c)(2)(A)(ix)(I), is
The Higher Education Act of 1965, referred to in subsec. (c)(3)(B)(i)(I), is
Amendments
2018—Subsec. (c)(2)(A)(vii).
2015—Subsec. (a)(2)(B)(ii).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Effective Date of 2015 Amendment
Amendment by
Effective Date
Section effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of
1 So in original. A closing parenthesis probably should precede the period.
subpart 4—general workforce investment provisions
§3181. Authorization of appropriations
(a) Youth workforce investment activities
There are authorized to be appropriated to carry out the activities described in
(b) Adult employment and training activities
There are authorized to be appropriated to carry out the activities described in
(c) Dislocated worker employment and training activities
There are authorized to be appropriated to carry out the activities described in
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of