29 U.S.C. § 3174 — Use of funds for employment and training

Page 883 TITLE 29—LABOR § 3174 (3) Reallocation In making reallocations to eligible local areas of amounts available pursuant to para- graph (2) for a program year, the Governor shall allocate to each eligible local area with- in 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 com- pared to the total amount of the local allo- cations under paragraph (2)(A) or (3) of sub- section (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 sub- section (b)(2)(B) for the program year for which the determination is made, as com- pared to the total amount of the local allo- cations under subsection (b)(2)(B) for all eli- gible local areas in the State for such pro- gram 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 em- ployment and training activities, a local area that does not have an amount of such funds available for reallocation under para- graph (2) for the program year for which the determination under paragraph (2) is made. (Pub. L. 113–128, title I, § 133, July 22, 2014, 128 Stat. 1516.) Editorial Notes REFERENCES IN TEXT The Workforce Investment Act of 1998, referred to in subsec. (c)(1), is Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936, and was repealed by Pub. L. 113–128, title V, §§ 506, 511(a), July 22, 2014, 128 Stat. 1703, 1705, effective July 1, 2015. Pursuant to section 3361(a) of this title, references to a provision of the Workforce Investment Act of 1998 are deemed to refer to the corresponding provision of the Workforce Innovation and Opportunity Act, Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. For complete classi- fication of the Workforce Investment Act of 1998 to the Code, see Tables. For complete classification of the Workforce Innovation and Opportunity Act to the Code, see Short Title note set out under section 3101 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. § 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 section 3173(a)(2) of this title shall be used to carry out the statewide rapid response activities described in para- graph (2)(A); and (B) as described in sections 3163(a) and 3173(a)(1) of this title— (i) shall be used to carry out the state- wide employment and training activities described in paragraph (2)(B); and (ii) may be used to carry out any of the statewide employment and training activi- ties described in paragraph (3), regardless of whether the funds were allot- ted to the State under section 3162(b)(1) of this title or under paragraph (1) or (2) of sec- tion 3172(b) of this title. (2) Required statewide employment and train- ing 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 section 3173(a)(2) of this title, which activities shall include— (I) provision of rapid response activi- ties, 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 offi- cials 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 in- creases in the number of unemployed in- dividuals, carried out in local areas by the State, working in conjunction with the local boards and the chief elected of- ficials for the local areas. (ii) Use of unobligated funds Funds reserved by a Governor under sec- tion 3173(a)(2) of this title, and section 2863(a)(2) of this title (as in effect on the day before July 22, 2014), to carry out this subparagraph that remain unobligated after the first program year for which such funds were allotted may be used by the Governor to carry out statewide activities authorized under subparagraph (B) or para- graph (3)(A), in addition to activities under this subparagraph. (B) Statewide employment and training ac- tivities Funds reserved by a Governor under sec- tions 3163(a)(1) and 3173(a)(1) of this title and not used under paragraph (1)(A) (regardless of whether the funds were allotted to the States under section 3162(b)(1)(C) of this title Page 884 TITLE 29—LABOR § 3174 or paragraph (1)(B) or (2)(B) of section 3172(b) of this title) shall be used for statewide em- ployment and training activities, includ- ing— (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 re- gional planning and service delivery ef- forts required under section 3121(c) of this title; (III) local areas by providing informa- tion on and support for the effective de- velopment, convening, and implementa- tion 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 develop- ment and training of staff to provide op- portunities for individuals with barriers to employment to enter in-demand in- dustry sectors or occupations and non- traditional occupations, the develop- ment of exemplary program activities, and the provision of technical assistance to local areas that fail to meet local per- formance accountability measures de- scribed in section 3141(c) of this title; (ii) providing assistance to local areas as described in section 3121(b)(7) of this title; (iii) operating a fiscal and management accountability information system in ac- cordance with section 3141(i) of this title; (iv) carrying out monitoring and over- sight of activities carried out under this subpart and subpart 2; (v) disseminating— (I) the State list of eligible providers of training services, including eligible pro- viders of nontraditional training services and eligible providers of apprenticeship programs described in section 3152(a)(2)(B) of this title; (II) information identifying eligible providers of on-the-job training, cus- tomized training, incumbent worker training, internships, paid or unpaid work experience opportunities, or transi- tional 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 infor- mation on the cost of attendance (in- cluding tuition and fees) for participants in applicable programs, as described in subsections (d) and (h) of section 3152 of this title; and (VI) information on physical and pro- grammatic accessibility, in accordance with section 3248 of this title, if applica- ble, and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), for in- dividuals with disabilities; and (vi) conducting evaluations under sec- tion 3141(e) of this title of activities au- thorized under this subpart and subpart 2 in coordination with evaluations carried out by the Secretary under section 3224(a) of this title. (3) Allowable statewide employment and train- ing activities (A) In general Funds reserved by a Governor under sec- tions 3163(a)(1) and 3173(a)(1) of this title and not used under paragraph (1)(A) or (2)(B) (re- gardless of whether the funds were allotted to the State under section 3162(b)(1)(C) of this title or paragraph (1)(B) or (2)(B) of sec- tion 3172(b) of this title) may be used to carry out additional statewide employment and training activities, which may include— (i) implementing innovative programs and strategies designed to meet the needs of all employers (including small employ- ers) 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 train- ing 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 (in- cluding small employers) in the State, and other business services and strategies that better engage employers in workforce in- vestment activities and make the work- force development system more relevant to the needs of State and local businesses, consistent with the objectives of this sub- chapter; (ii) developing strategies for effectively serving individuals with barriers to em- ployment and for coordinating programs and services among one-stop partners; (iii) the development or identification of education and training programs that re- spond to real-time labor market analysis, that utilize direct assessment and prior learning assessment to measure and pro- vide credit for prior knowledge, skills, competencies, and experiences, that evalu- ate such skills and competencies for adapt- ability, that ensure credits are portable and stackable for more skilled employ- ment, and that accelerate course or cre- dential 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 train- ing services described in subsection (c)(3), provided through a one-stop delivery sys- tem, 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; Page 885 TITLE 29—LABOR § 3174 (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 (42 U.S.C. 677); (viii) activities— (I) to improve coordination of work- force investment activities with eco- nomic development activities; (II) to improve coordination of employ- ment and training activities with— (aa) child support services, and as- sistance provided by State and local agencies carrying out part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.); (bb) cooperative extension programs carried out by the Department of Agri- culture; (cc) programs carried out in local areas for individuals with disabilities, including programs carried out by State agencies relating to intellectual disabilities and developmental disabil- ities, activities carried out by State- wide Independent Living Councils es- tablished under section 705 of the Re- habilitation Act of 1973 (29 U.S.C. 796d), programs funded under part B of chap- ter 1 of title VII of such Act (29 U.S.C. 796e et seq.), and activities carried out by centers for independent living, as defined in section 702 of such Act (29 U.S.C. 796a); (dd) adult education and literacy ac- tivities, including those provided by public libraries; (ee) activities in the corrections sys- tem that assist ex-offenders in reen- tering the workforce; and (ff) financial literacy activities in- cluding those described in section 3164(b)(2)(D) of this title; and (III) consisting of development and dis- semination of workforce and labor mar- ket information; (ix) conducting research and demonstra- tion projects related to meeting the em- ployment 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 learn- ing 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 meas- ures described in section 3141(c) of this title; (xii) adopting, calculating, or commis- sioning for approval an economic self-suffi- ciency standard for the State that speci- fies the income needs of families, by fam- ily size, the number and ages of children in the family, and substate geographical con- siderations; (xiii) developing and disseminating com- mon intake procedures and related items, including registration processes, mate- rials, 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 evalua- tions of such strategies. (B) Limitation (i) In general Of the funds allotted to a State under sections 3162(b) and 3172(b) of this title and reserved as described in sections 3163(a) and 3173(a)(1) of this title for a fiscal year— (I) not more than 5 percent of the amount allotted under section 3162(b)(1) of this title; (II) not more than 5 percent of the amount allotted under section 3172(b)(1) of this title; and (III) not more than 5 percent of the amount allotted under section 3172(b)(2) of this title, may be used by the State for the adminis- tration of statewide youth workforce in- vestment activities carried out under sec- tion 3164 of this title and statewide em- ployment and training activities carried out under this section. (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 activi- ties, regardless of whether the funds were allotted to the State under section 3162(b)(1) of this title or paragraph (1) or (2) of section 3172(b) of this title. (b) Local employment and training activities Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 3173(b) of this title, and funds allocated to a local area for dislocated workers under sec- tion 3173(b)(2)(B) of this title— (1) shall be used to carry out employment and training activities described in subsection (c) for adults or dislocated workers, respec- tively; and (2) may be used to carry out employment and training activities described in subsection (d) for adults or dislocated workers, respec- tively. (c) Required local employment and training ac- tivities (1) In general (A) Allocated funds Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 3173(b) of this title, and funds allo- cated to the local area for dislocated work- ers under section 3173(b)(2)(B) of this title, shall be used— Page 886 TITLE 29—LABOR § 3174 (i) to establish a one-stop delivery sys- tem described in section 3151(e) of this title; (ii) to provide the career services de- scribed in paragraph (2) to adults and dis- located workers, respectively, through the one-stop delivery system in accordance with such paragraph; (iii) to provide training services de- scribed in paragraph (3) to adults and dis- located workers, respectively, described in such paragraph; (iv) to establish and develop relation- ships and networks with large and small employers and their intermediaries; and (v) to develop, convene, or implement in- dustry or sector partnerships. (B) Other funds Consistent with subsections (h) and (i) of section 3151 of this title, a portion of the funds made available under Federal law au- thorizing the programs and activities de- scribed in section 3151(b)(1)(B) of this title, including the Wagner-Peyser Act (29 U.S.C. 49 et seq.), shall be used as described in clauses (i) and (ii) of subparagraph (A), to the extent not inconsistent with the Federal law involved. (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 de- livery system and shall, at a minimum, in- clude— (i) determinations of whether the indi- viduals 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 (in- cluding 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 coun- seling, including— (aa) provision of information on in- demand industry sectors and occupa- tions; and (bb) provision of information on non- traditional employment; and (II) appropriate recruitment and other business services on behalf of employers, including small employers, in the local area, which services may include serv- ices described in this subsection, such as providing information and referral to specialized business services not tradi- tionally offered through the one-stop de- livery system; (v) provision of referrals to and coordina- tion of activities with other programs and services, including programs and services within the one-stop delivery system and, in appropriate cases, other workforce de- velopment programs; (vi) provision of workforce and labor market employment statistics informa- tion, including the provision of accurate information relating to local, regional, and national labor market areas, includ- ing— (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 oc- cupations in demand and the earnings, skill requirements, and opportunities for advancement for such occupations; and (vii) provision of performance informa- tion and program cost information on eli- gible providers of training services as de- scribed in section 3152 of this title, pro- vided by program, and eligible providers of youth workforce investment activities de- scribed in section 3153 of this title, pro- viders of adult education described in sub- chapter II, providers of career and tech- nical education activities at the postsec- ondary level, and career and technical edu- cation activities available to out-of-school youth, under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), and providers of voca- tional rehabilitation services described in title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.); (viii) provision of information, in for- mats that are usable by and understand- able to one-stop center customers, regard- ing how the local area is performing on the local performance accountability measures described in section 3141(c) of this title and any additional performance information with respect to the one-stop delivery sys- tem in the local area; (ix)(I) provision of information, in for- mats that are usable by and understand- able 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 Secu- rity Act (42 U.S.C. 1396 et seq. and 1397aa et seq.), benefits under the supplemental nu- trition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), assistance through the earned income tax credit under section 32 of title 26, and assistance under a State program for temporary assistance for needy families funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) and other supportive services and transportation provided through funds made available under such part, available in the local area; and (II) referral to the services or assistance described in subclause (I), as appropriate; (x) provision of information and assist- ance regarding filing claims for unemploy- ment compensation; Page 887 TITLE 29—LABOR § 3174 (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 appro- priate in order for an individual to obtain or retain employment, that consist of— (I) comprehensive and specialized as- sessments 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 eval- uation to identify employment bar- riers and appropriate employment goals; (II) development of an individual em- ployment plan, to identify the employ- ment goals, appropriate achievement ob- jectives, and appropriate combination of services for the participant to achieve the employment goals, including pro- viding information on eligible providers of training services pursuant to para- graph (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 mainte- nance 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 section 3164(b)(2)(D) of this title; (X) out-of-area job search assistance and relocation assistance; or (XI) English language acquisition and integrated education and training pro- grams; and (xiii) followup services, including coun- seling regarding the workplace, for partici- pants 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 inter- view, evaluation, or assessment of a partici- pant under subparagraph (A)(xii) if the one- stop operator or one-stop partner determines that it is appropriate to use a recent inter- view, evaluation, or assessment of the par- ticipant conducted pursuant to another edu- cation or training program. (C) Delivery of services The career services described in subpara- graph (A) shall be provided through the one- stop delivery system— (i) directly through one-stop operators identified pursuant to section 3151(d) of this title; or (ii) through contracts with service pro- viders, which may include contracts with public, private for-profit, and private non- profit 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 section 3173(b) of this title, and funds allo- cated to the local area for dislocated work- ers under section 3173(b)(2)(B) of this title, shall be used to provide training services to adults and dislocated workers, respec- tively— (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 para- graph (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 qualifica- tions 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 an- other area to which the adults or dis- located workers are willing to commute or relocate; (III) who meet the requirements of sub- paragraph (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 inter- view, evaluation, or assessment of the par- ticipant conducted pursuant to another education or training program. (iii) Rule of construction Nothing in this subparagraph shall be construed to mean an individual is re- quired to receive career services prior to receiving training services. Page 888 TITLE 29—LABOR § 3174 (B) Qualification (i) Requirement Notwithstanding section 479B of the Higher Education Act of 1965 (20 U.S.C. 1087uu) and except as provided in clause (ii), provision of such training services shall be limited to individuals who— (I) are unable to obtain other grant as- sistance for such services, including Fed- eral Pell Grants established under sub- part 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.); or (II) require assistance beyond the as- sistance 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 other- wise meets the requirements of this para- graph while an application for a Federal Pell Grant is pending, except that if such individual is subsequently awarded a Fed- eral Pell Grant, appropriate reimburse- ment shall be made to the local area from such Federal Pell Grant. (iii) Consideration In determining whether an individual re- quires assistance under clause (i)(II), a one-stop operator (or one-stop partner, where appropriate) may take into consid- eration the full cost of participating in training services, including the costs of de- pendent care and transportation, and other appropriate costs. (C) Provider qualification Training services shall be provided through providers identified in accordance with section 3152 of this title. (D) Training services Training services may include— (i) occupational skills training, includ- ing training for nontraditional employ- ment; (ii) on-the-job training; (iii) incumbent worker training in ac- cordance with subsection (d)(4); (iv) programs that combine workplace training with related instruction, which may include cooperative education pro- grams; (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 activi- ties, including activities of English lan- guage acquisition and integrated edu- cation and training programs, provided concurrently or in combination with serv- ices 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 ac- tivities under paragraph (2)(A) or (3) of sec- tion 3173(b) of this title, priority shall be given to recipients of public assistance, other low-income individuals, and individ- uals who are basic skills deficient for receipt of career services described in paragraph (2)(A)(xii) and training services. The appro- priate local board and the Governor shall di- rect the one-stop operators in the local area with regard to making determinations re- lated to such priority. (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 se- lection of an eligible provider of such serv- ices. (ii) Eligible providers Each local board, through one-stop cen- ters, shall make available the list of eligi- ble providers of training services described in section 3152(d) of this title, and accom- panying information, in accordance with section 3152(d) of this title. (iii) Individual training accounts An individual who seeks training serv- ices and who is eligible pursuant to sub- paragraph (A), may, in consultation with a career planner, select an eligible provider of training services from the list of pro- viders 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 train- ing services, and arrange for payment for such services through an individual train- ing 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 train- ing programs or sources to assist the indi- vidual in obtaining training services. (v) Additional information Priority consideration shall, consistent with clause (i), be given to programs that lead to recognized postsecondary creden- tials that are aligned with in-demand in- dustry sectors or occupations in the local area involved. (G) Use of individual training accounts (i) In general Except as provided in clause (ii), train- ing services provided under this paragraph shall be provided through the use of indi- vidual training accounts in accordance with this paragraph, and shall be provided Page 889 TITLE 29—LABOR § 3174 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 indi- vidual training account if— (I) the requirements of subparagraph (F) are met; (II) such services are on-the-job train- ing, customized training, incumbent worker training, or transitional employ- ment; (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 organi- zation or another private organization to serve individuals with barriers to em- ployment; (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 pro- vider of training services in order to facilitate the training of multiple indi- viduals in in-demand industry sectors or occupations; and (bb) such contract does not limit cus- tomer choice; or (VI) the contract is a pay-for-perform- ance 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 dis- located 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 con- strued to preclude the combined use of in- dividual training accounts and contracts in the provision of training services, in- cluding arrangements that allow individ- uals receiving individual training accounts to obtain training services that are con- tracted 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 in- crease the amount of the reimbursement described in section 3102(44) of this title to an amount of up to 75 percent of the wage rate of a participant for a program carried out under subpart 2 or this subpart, if, re- spectively— (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 in- crease 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 partici- pants; (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 deter- mine to be appropriate, which may in- clude the number of employees partici- pating 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 section 3173(b) of this title, and funds allo- cated to the local area for dislocated work- ers under section 3173(b)(2)(B) of this title, may be used to provide, through the one- stop delivery system involved (and through collaboration with the local board, for the purpose of the activities described in clauses (vii) and (ix))— (i) customized screening and referral of qualified participants in training services described in subsection (c)(3) to employers; (ii) customized employment-related serv- ices to employers, employer associations, or other such organizations on a fee-for- service basis; (iii) implementation of a pay-for-per- formance contract strategy for training services, for which the local board may re- serve and use not more than 10 percent of the total funds allocated to the local area under paragraph (2) or (3) of section 3173(b) of this title; (iv) customer support to enable individ- uals with barriers to employment (includ- ing individuals with disabilities) and vet- erans, to navigate among multiple services and activities for such populations; (v) technical assistance for one-stop op- erators, one-stop partners, and eligible providers of training services, regarding the provision of services to individuals Page 890 TITLE 29—LABOR § 3174 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 ac- countability 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 Secu- rity Act (42 U.S.C. 651 et seq.); (II) child support services, and assist- ance, provided by State and local agen- cies carrying out part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.); (III) cooperative extension programs carried out by the Department of Agri- culture; and (IV) activities to facilitate remote ac- cess to services provided through a one- stop delivery system, including facili- tating access through the use of tech- nology; (vii) activities— (I) to improve coordination between workforce investment activities and eco- nomic 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 de- livery system) and employers, including small employers, in the local area, through services described in this sec- tion; and (III) to strengthen linkages between the one-stop delivery system and unem- ployment insurance programs; (viii) training programs for displaced homemakers and for individuals training for nontraditional occupations, in conjunc- tion with programs operated in the local area; (ix) activities to provide business serv- ices and strategies that meet the work- force investment needs of area employers, as determined by the local board, con- sistent with the local plan under section 3123 of this title, which services— (I) may be provided through effective business intermediaries working in con- junction 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 in- dustry sector strategies (including strategies involving industry partner- ships, regional skills alliances, indus- try skill panels, and sectoral skills partnerships); (bb) developing and delivering inno- vative workforce investment services and strategies for area employers, which may include career pathways, skills upgrading, skill standard devel- opment and certification for recog- nized 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 co- ordination with rapid response activi- ties 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 as- sess the needs of and options for at- risk firms, and the delivery of employ- ment and training activities to address risk factors; and (dd) the marketing of business serv- ices 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 sub- section (a)(3)(A)(xii) for local factors, or activities to adopt, calculate, or commis- sion for approval, economic self-suffi- ciency standards for the local areas that specify the income needs of families, by family size, the number and ages of chil- dren in the family, and substate geo- graphical considerations; (xi) improved coordination between em- ployment and training activities and pro- grams carried out in the local area for in- dividuals with disabilities, including pro- grams carried out by State agencies relat- ing to intellectual disabilities and develop- mental disabilities, activities carried out by Statewide Independent Living Councils established under section 705 of the Reha- bilitation Act of 1973 (29 U.S.C. 796d), pro- grams funded under part B of chapter 1 of title VII of such Act (29 U.S.C. 796e et seq.), and activities carried out by centers for independent living, as defined in sec- tion 702 of such Act (29 U.S.C. 796a); and (xii) implementation of promising serv- ices to workers and businesses, which may include support for education, training, skill upgrading, and statewide networking for employees to become workplace learn- ing 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 appro- priate, of section 3173(b) of this title, and funds allocated to the local area for dis- located workers under section 3173(b)(2)(B) of this title, may be used to provide, through the one-stop delivery system in- Page 891 TITLE 29—LABOR § 3174 volved, work support activities designed to assist low-wage workers in retaining and enhancing employment. The one-stop part- ners of the system shall coordinate the ap- propriate programs and resources of the partners with the activities and resources provided under this subparagraph. (ii) Activities The work support activities described in clause (i) may include the provision of ac- tivities 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 de- scribed in this section during nontradi- tional 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 section 3173(b) of this title, and funds allo- cated to the local area for dislocated workers under section 3173(b)(2)(B) of this title, may be used to provide supportive services to adults and dislocated workers, respectively— (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 sup- portive services through other programs pro- viding 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 section 3173(b) of this title, and funds allo- cated to the local area for dislocated work- ers under section 3173(b)(2)(B) of this title, may be used to provide needs-related pay- ments to adults and dislocated workers, re- spectively, who are unemployed and do not qualify for (or have ceased to qualify for) un- employment compensation for the purpose of enabling such individuals to participate in programs of training services under sub- section (c)(3). (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 para- graph 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 deter- mination 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 un- employment 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 allo- cated to the local area involved under sec- tion 3173(b) of this title to pay for the Fed- eral share of the cost of providing training through a training program for incumbent workers, carried out in accordance with this paragraph. (ii) Determination of eligibility For the purpose of determining the eligi- bility of an employer to receive funding under clause (i), the local board shall take into account factors consisting of— (I) the characteristics of the partici- pants 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 em- ployees participating in the training, the wage and benefit levels of those employ- ees (at present and anticipated upon completion of the training), and the ex- istence of other training and advance- ment opportunities provided by the em- ployer. (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 work- ers 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 employ- ers in partnership with other entities for the purposes of delivering training) for the pur- pose 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 re- quired to pay for the non-Federal share of the cost of providing the training to incum- bent 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 Page 892 TITLE 29—LABOR § 3174 1 So in original. A closing parenthesis probably should precede the period. participating in the training, the wage and benefit levels of the employees (at the be- ginning and anticipated upon completion of the training), the relationship of the training to the competitiveness of the em- ployer 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 employ- ers with more than 50 employees but not more than 100 employees; and (III) 50 percent of the cost, for employ- ers 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 section 3173(b) of this title to provide transitional jobs under subsection (c)(3) that— (A) are time-limited work experiences that are subsidized and are in the public, private, or nonprofit sectors for individuals with bar- riers to employment who are chronically un- employed or have an inconsistent work his- tory; (B) are combined with comprehensive em- ployment 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. (Pub. L. 113–128, title I, § 134, July 22, 2014, 128 Stat. 1520; Pub. L. 114–18, § 2(e)(3), May 22, 2015, 129 Stat. 214; Pub. L. 115–224, title III, § 303, July 31, 2018, 132 Stat. 1623.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (a)(2)(B)(i)(I) and (c)(2)(A)(xi), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, known as the Workforce Innovation and Oppor- tunity Act, which enacted this chapter, repealed chap- ter 30 (§ 2801 et seq.) of this title and chapter 73 (§ 9201 et seq.) of Title 20, Education, and made amendments to numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. The Americans with Disabilities Act of 1990, referred to in subsec. (a)(2)(B)(v)(VI), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 12101 of Title 42 and Tables. 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, 49 Stat. 620. Titles XIX and XXI of the Act are classified generally to sub- chapters XIX (§ 1396 et seq.) and XXI (§ 1397aa et seq.), respectively, of chapter 7 of Title 42, The Public Health and Welfare. Parts A and D of title IV of the Act are classified generally to parts A (§ 601 et seq.) and D (§ 651 et seq.), respectively, of subchapter IV of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. 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 Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355. Title I of the Act is classified generally to subchapter I (§ 720 et seq.) of chapter 16 of this title. Part B of chapter 1 of title VII of the Act is classified generally to subpart 2 (§ 796e et seq.) of part A of subchapter VII of chapter 16 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 701 of this title and Tables. The Wagner-Peyser Act, referred to in (c)(1)(B), is act June 6, 1933, ch. 49, 48 Stat. 113, which is classified gen- erally to chapter 4B (§ 49 et seq.) of this title. For com- plete classification of this Act to the Code, see Short Title note set out under section 49 of this title and Ta- bles. The Carl D. Perkins Career and Technical Education Act of 2006, referred to in subsec. (c)(2)(A)(vii), is Pub. L. 88–210, Dec. 18, 1963, 77 Stat. 403, as amended gen- erally by Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 683, which is classified generally to chapter 44 (§ 2301 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 2301 of Title 20 and Tables. The Food and Nutrition Act of 2008, referred to in subsec. (c)(2)(A)(ix)(I), is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to chapter 51 (§ 2011 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 7 and Tables. The Higher Education Act of 1965, referred to in sub- sec. (c)(3)(B)(i)(I), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Subpart 1 of part A of title IV of the Act is classi- fied generally to subpart 1 (§ 1070a et seq.) of part A of subchapter IV of chapter 28 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables. AMENDMENTS 2018—Subsec. (c)(2)(A)(vii). Pub. L. 115–224 substituted ‘‘out-of-school youth’’ for ‘‘school dropouts’’. 2015—Subsec. (a)(2)(B)(ii). Pub. L. 114–18 substituted ‘‘section 3121(b)(7)’’ for ‘‘section 3121(b)(6)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–224 effective July 1, 2019, see section 4 of Pub. L. 115–224, set out as a note under section 2301 of Title 20, Education. EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–18 effective as if included in the Workforce Innovation and Opportunity Act [Pub. L. 113–128], see § 2(f) of Pub. L. 114–18, set out as a note under section 3112 of this title. EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. Page 893 TITLE 29—LABOR § 3192 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 section 3162(a) of this title, $820,430,000 for fiscal year 2015, $883,800,000 for fiscal year 2016, $902,139,000 for fiscal year 2017, $922,148,000 for fiscal year 2018, $943,828,000 for fiscal year 2019, and $963,837,000 for fiscal year 2020. (b) Adult employment and training activities There are authorized to be appropriated to carry out the activities described in section 3172(a)(1) of this title, $766,080,000 for fiscal year 2015, $825,252,000 for fiscal year 2016, $842,376,000 for fiscal year 2017, $861,060,000 for fiscal year 2018, $881,303,000 for fiscal year 2019, and $899,987,000 for fiscal year 2020. (c) Dislocated worker employment and training activities There are authorized to be appropriated to carry out the activities described in section 3172(a)(2) of this title, $1,222,457,000 for fiscal year 2015, $1,316,880,000 for fiscal year 2016, $1,344,205,000 for fiscal year 2017, $1,374,019,000 for fiscal year 2018, $1,406,322,000 for fiscal year 2019, and $1,436,137,000 for fiscal year 2020. (Pub. L. 113–128, title I, § 136, July 22, 2014, 128 Stat. 1537.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. PART C—JOB CORPS Statutory Notes and Related Subsidiaries DEFINITION OF ‘‘SECRETARY’’ In this part, ‘‘Secretary’’ means the Secretary of Labor, see section 3151(b)(1)(C)(ii)(II) of this title. § 3191. Purposes The purposes of this part are— (1) to maintain a national Job Corps pro- gram, carried out in partnership with States and communities, to— (A) assist eligible youth to connect to the labor force by providing them with intensive social, academic, career and technical edu- cation, and service-learning opportunities, in primarily residential centers, in order for such youth to obtain secondary school diplo- mas or recognized postsecondary credentials leading to— (i) successful careers, in in-demand in- dustry sectors or occupations or the Armed Forces, that will result in economic self-sufficiency and opportunities for ad- vancement; or (ii) enrollment in postsecondary edu- cation, including an apprenticeship pro- gram; and (B) support responsible citizenship; (2) to set forth standards and procedures for selecting individuals as enrollees in the Job Corps; (3) to authorize the establishment of Job Corps centers in which enrollees will partici- pate in intensive programs of activities de- scribed in this part; and (4) to prescribe various other powers, duties, and responsibilities incident to the operation and continuing development of the Job Corps. (Pub. L. 113–128, title I, § 141, July 22, 2014, 128 Stat. 1537.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. § 3192. Definitions In this part: (1) Applicable local board The term ‘‘applicable local board’’ means a local board— (A) that provides information for a Job Corps center on local employment opportu- nities and the job skills needed to obtain the opportunities; and (B) that serves communities in which the graduates of the Job Corps center seek em- ployment. (2) Applicable one-stop center The term ‘‘applicable one-stop center’’ means a one-stop center that provides serv- ices, such as referral, assessment, recruit- ment, and placement, to support the purposes of the Job Corps. (3) Enrollee The term ‘‘enrollee’’ means an individual who has voluntarily applied for, been selected for, and enrolled in the Job Corps program, and remains with the program, but has not yet become a graduate. (4) Former enrollee The term ‘‘former enrollee’’ means an indi- vidual who has voluntarily applied for, been selected for, and enrolled in the Job Corps pro- gram, but left the program prior to becoming a graduate. (5) Graduate The term ‘‘graduate’’ means an individual who has voluntarily applied for, been selected for, and enrolled in the Job Corps program and who, as a result of participation in the Job Corps program, has received a secondary school diploma or recognized equivalent, or completed the requirements of a career and technical education and training program that prepares individuals for employment leading to economic self-sufficiency or entrance into postsecondary education or training. (6) Job Corps The term ‘‘Job Corps’’ means the Job Corps described in section 3193 of this title.