Sec. 117. Adult and dislocated worker training activities
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Section 132(b)(1)(v)(IV) is amended by striking does not exceed and all that follow and inserting 150 percent of the poverty line. . Section 132(c)(2) is amended to read as follows: The amount available for reallotment for a program year is equal to the amount by which the unobligated balance from State allotments to the State at the end of the program year prior to the program year for which the determination is made, exceeds 10 percent of the total amount of funds available to the State for that prior program year, consisting of the State allotment to the State for such prior program year (including amounts from State allotments to the State, for all program years before that prior program year) that remained available. .
Section 133(b)(4) is amended by striking 20 percent both places it appears and inserting 30 percent . Section 133(c) 2 is amended to read as follows: The amount available for allocation for a program year is equal to the amount by which the balance that is unobligated and unencumbered for training services at the end of the program year prior to the program year for which the determination is made, exceeds 10 percent of the total amount of funds available to the local area for that prior program year, consisting of the local allocation to the local area for such prior program year (including amounts from local allocations to the local area, for all program years before that prior program year) that remained available.
For purposes of this paragraph, the balance that is unobligated and unencumbered for training services is the amount that is the difference between— the total amount of funds available to the local area under this section for that prior program year consisting of the local allocation to the local area for such prior program year (including amounts from local allocations to the local area for all program years before that prior program year) that remained available; and the amount, from that total amount of available funds, that is obligated or encumbered (in accordance with generally accepted accounting principles) for training services during such prior program year, except that for purposes of this paragraph the amount included as encumbered for raining services shall not exceed 10 percent of the total amount of available funds described in clause (i). .
Section 134(a)(2) is amended— in subparagraph (A)— by redesignating clauses
(i)and
(ii)as subclauses
(I)and (II), respectively; by striking A State shall use and inserting: A State shall use ; and by adding at the end the following: Funds reserved by a Governor under section 133(a)(2) 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 paragraph (3)(A), in addition to activities under this subparagraph. ; and in subparagraph (B)— in clause (v), by striking ; and and inserting a semicolon; in clause (vi), by striking the period and inserting ; and ; and by adding at the end the following new clause: developing, implementing, and using layoff aversion strategies in collaboration with appropriate economic development and private sector entities, for implementation of strategies that may include early identification of firms at risk of layoffs, use of feasability studies to assess the needs of and options for at-risk firms and the delivery of employment, training, economic development, investment and financial restructuring activities to address identified risk factors. . Section 134(d)(1)(B) is amended— by striking A portion and inserting the following: A portion ; and by adding at the end the following: Subject to the memorandum of understanding described in section 121(c) for the one-stop delivery system involved, in addition to the funds provided for one-stop infrastructure described in section 137(d), a portion of funds made available under Federal law authorizing the programs described in section 121(b) and administered by one-stop partners, or the noncash resources available under such programs, shall be used to pay the additional costs relating to the operation of the one-stop delivery system that are not paid from the funds provided under section 137(d), as determined in accordance with clause (iv), to the extent not inconsistent with the Federal law involved. Such costs shall include the costs of the provision of core services described in section 134(d)(2) applicable to each program and may include common costs that are not paid from the funds provided under section 137(d). Costs of shared services may include costs of services that are authorized for and may be commonly provided through the one-stop partner programs to any individuals, such as initial intake, assessment of needs, appraisal of basic skills, identification of appropriate services to meet such needs, referrals to other one-stop partners, and other similar services. The method for determining the appropriate portion of funds and noncash resources to be provided by the one-stop partner for each program for a one-stop center shall be determined as part of the development of the memorandum or understanding under subsection
(c)for the one-stop center and shall be stated in the memorandum. The State board shall provide guidance to facilitate the determination, for purposes of the memorandum of understanding, of an appropriate allocation of the funds and noncash resources in local areas. . Section 134(d)(4) is amended— in subparagraph (B), by adding at the end the following: Nothing in this paragraph shall be construed to require an individual to receive core or intensive services under paragraphs
(2)or (3), respectively, prior to receiving training services under this paragraph. ; in subparagraph (D)— in clause (ix), by striking ; and and inserting a semicolon; and by adding at the end the following: education, training, and skill upgrading for individuals to work and maintain proficiency as workplace learning advisors in programs sponsored by employers or joint labor-management partnerships. ; in subparagraph (E)— by striking In the event through priority and inserting With respect to funds allocated to a local area for adult employment and training activities, priority ; by inserting individuals with barriers to employment after public assistance and other ; and by striking making determination related to and inserting implementing ; by striking subparagraph
(G)and inserting the following: 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. Training services authorized under this paragraph may be provided pursuant to a contract for services in lieu of an individual training account if— the requirements of subparagraph
(F)are met; such services are on-the-job training, registered apprenticeships, customized training, incumbent worker training, entrpreneurial skills training, or transitional employment; 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; 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; or the local board determines that it would be most appropriate to award a contract to an institution of higher education or other eligible provider of training services, including area career and technical education centers in order to facilitate the training of multiple individuals in in-demand industry sectors or occupations and that such contract does not limit customer choice. Training services provided under this paragraph shall be directly linked to an in-demand industry sector or occupation in the local area or 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. 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). ; and by adding at the end the following: 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 section 101(31) to an amount of up to 75 percent of the wage rate of a participant for a program carried out under this chapter, if, respectively— the Governor approves the increase with respect to a program carried out with funds reserved by the State under that chapter, taking into account the factors described in clause (ii); or the local board approves the increase with respect to a program carried out with funds allocated to a local area under such chapter, taking into account those factors. For purposes of clause (i), the Governor or local board, respectively, shall take into account factors consisting of— the characteristics of the participants; the size and resources of the employer; the likely employment opportunities available to workers who complete an on-the-job training program; and 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), relation of the training to the competitiveness of a participant, and other employer-provided training and advancement opportunities. . Section 134(e) is amended— in paragraph (1)— in subparagraph (A), by striking ; and and inserting a semicolon; in subparagraph (B), by striking the period at the end and inserting ; and ; and by adding at the end the following: work support activities designed to assist low-wage workers in retaining and enhancing employment, such as the provision of activities described in this section during nontraditional hours and the provision of child care while such activities are being provided. ; and by adding at the end the following new paragraphs: Except as provided in clause (ii), the local board may reserve and use not more than 15 percent of the funds allocated to the local area involved under section 133(b) to pay for the Federal share of the cost of providing training through a training program for incumbent workers, carried out in accordance with this paragraph. If the local board determines that there is sufficient evidence that use of the funds reserved under clause
(i)led to employee retention by and contributed to creation of new jobs with employers that participated in incumbent worker training programs, the local board may reserve and use not more than a total of 20 percent of such funds to pay for the Federal share of such costs. 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— the characteristics of the participants in the program; the relationship of the training to the competitiveness of a participant and the employer; and 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. The Governor or State board involved may make recommendations to the local board for providing incumbent worker training that has statewide impact. 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, or a labor-management partnership, including joint registered apprenticeship programs, for the purpose of assisting such workers in obtaining the skills necessary to retain employment or avert layoffs. 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. 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). The non-Federal share shall not be less than— 10 percent of the cost for employers with not more than 50 employees; 25 percent of the cost, for employers with more than 50 employees but not more than 100 employees; and 50 percent of the cost, for employers with more than 100 employees. 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. If an incumbent worker training program is proposed for an employer whose workers are covered by a collective bargaining agreement, the union representing those workers will be consulted regarding the incumbent worker training program and concur prior to the start of the program. The local board may use not more than 15 percent of the funds allocated to the local area involved under section 133(b) to provide transitional jobs under subsection (c)(4) that— are time-limited work experiences in integrated settings that are subsidized and are in the public, private, or nonprofit sectors for individuals with barriers to employment who are chronically unemployed, have no employment experience or have an inconsistent work history; are combined with comprehensive employment and supportive services; 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; and assist in placement or hiring to an unsubsidized job. .