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.