Sec. 234. Use of funds for employment and training activities

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Funds reserved by a Governor— as described in section 233(a)(2) shall be used to carry out the statewide rapid response activities described in paragraph (2)(A); and as described in sections 228(a) and 233(a)(1)— shall be used to carry out the statewide employment and training activities described in paragraph (2)(B); and 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 section 227(b)(1) or under paragraph

(1)or

(2)of section 232(b). A State shall carry out statewide rapid response activities using funds reserved by the Governor for the State under section 233(a)(2), which activities shall include— 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 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. Funds reserved by a Governor under section 233(a)(2), and section 133(a)(2) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act), 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. Funds reserved by a Governor under sections 228(a)(1) and 233(a)(1) and not used under paragraph (1)(A) (regardless of whether the funds were allotted to the States under section 227(b)(1)(C) or paragraph (1)(B) or (2)(B) of section 232(b)) shall be used for statewide employment and training activities, including— building capacity by providing assistance to— 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; local areas for carrying out the regional planning and service delivery activities required under section 116(c); and 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 section 131(c); providing assistance to local areas, in accordance with section 116(c)(1)(B); operating a fiscal and management accountability information system in accordance with section 131(i); carrying out monitoring and oversight of activities carried out under this chapter and chapter 2; disseminating— the State list of eligible providers of training services, including eligible providers of nontraditional training services and eligible providers of apprenticeship programs described in section 222(a)(2)(B); information identifying eligible providers of on-the-job training, customized training, incumbent worker training, internships, paid or unpaid work experience opportunities, or transitional jobs; information on effective outreach to, partnerships with, and services for, business; information on effective service delivery strategies to serve workers and job seekers; performance information and information on program costs (such as tuition and fees) for participants in applicable programs, as described in subsections

(d)and

(h)of section 222; and information on physical and programmatic accessibility, in accordance with section 288 and the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), for individuals with disabilities; conducting evaluations under section 131(e) of activities authorized under this chapter and chapter 2 in coordination with evaluations carried out by the Secretary under section 270(a); and developing strategies for ensuring that activities carried out under this section are placing men and women in jobs, education, and training that lead to comparable pay for men and women, including strategies to increase women’s participation in high-wage, high-demand occupations in which women are underrepresented in the State’s workforce. Funds reserved by a Governor under sections 228(a)(1) and 233(a)(1) and not used under paragraph (1)(A) or (2)(B) (regardless of whether the funds were allotted to the State under section 227(b)(1)(C) or paragraph (1)(B) or (2)(B) of section 232(b)) may be used to carry out additional statewide employment and training activities, which may include— implementing innovative programs and strategies designed to meet the needs of businesses in the State, including small businesses, which may include— providing incumbent worker training; providing customized training; developing and implementing industry sector strategies (including strategies involving industry partnerships, regional skills alliances, industry skill panels, and sectoral skills partnerships) in which representatives of multiple employers for a specific industry sector or group of related occupations— collaborate to address common workforce needs with suppliers, labor organizations, economic development agencies, eligible providers of training services described in section 222, and other entities that can provide needed supportive services tailored to the needs of workers in that sector or group for a local area or region; identify current and expected gaps between the demand for and supply of labor and skills in that sector or group for that area or region; and develop a strategic plan and training efforts to address skill gaps, advance industry growth and competitiveness, and improve worker productivity, retention, advancement, and competitiveness; providing career ladder and career pathway programs; providing microenterprise and entrepreneurial training and support programs; utilizing effective business intermediaries; using layoff aversion strategies in collaboration with appropriate economic development entities, 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; providing activities to improve linkages between the one-stop delivery systems in the State and employers (including small employers) in the State; and providing other business services and strategies that better engage employers in workforce investment activities and make the workforce development system more relevant to meeting the needs of State and local businesses, consistent with the objectives of this title; developing strategies for effectively serving individuals with barriers to employment and for coordinating programs and services among one-stop partners; implementing programs for displaced homemakers, which for purposes of this clause may include an individual who is receiving public assistance and is within 2 years of exhausting lifetime eligibility under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ); implementing programs to increase the number of individuals training for and placed in nontraditional employment; carrying out activities to facilitate remote access to services, including training services described in subsection (c)(4), provided through a one-stop delivery system, including facilitating access through the use of technology; supporting the provision of core services described in subsection (c)(2) in the one-stop delivery systems in the State; coordinating activities with the child welfare system to facilitate provision of services for children in foster care and children who are eligible for assistance under section 477 of the Social Security Act ( 42 U.S.C. 677 ); activities— to improve coordination of workforce investment activities, and economic development activities, carried out within the State involved and to promote entrepreneurial skills training and microenterprise services; to improve coordination of employment and training activities, child support services, and assistance 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. ); to improve coordination of employment and training activities and cooperative extension programs carried out by the Department of Agriculture; to improve coordination of employment and training activities and 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 (29 U.S.C. 796d), programs 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 section 702 of such Act ( 29 U.S.C. 796a ); to develop and disseminate workforce and labor market information; to improve coordination of employment and training activities, and adult education and literacy activities, provided by public libraries; to improve coordination of activities with the corrections system to facilitate provision of training services and employment opportunities that will assist ex-offenders in reentering the workforce; and to promote financial literacy, including carrying out activities described in section 229(b)(1)(I); conducting— research related to meeting the employment and education needs of adult and dislocated workers; and demonstration projects related to meeting the employment and education needs of adult and dislocated workers; 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; providing incentive grants to local areas for performance by the local areas on local performance accountability measures described in section 131(b); 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; and developing and disseminating common intake procedures and related items, including registration processes, materials, or software. Of the funds allotted to a State under sections 227(b) and 232(b) and reserved as described in sections 228(a) and 233(a)(1) for a fiscal year— not more than 5 percent of the amount allotted under section 227(b)(1); not more than 5 percent of the amount allotted under section 232(b)(1); and not more than 5 percent of the amount allotted under section 232(b)(2), may be used by the State for the administration of statewide youth workforce investment activities carried out under section 229 and statewide employment and training activities carried out under this section. 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 section 227(b)(1) or paragraph

(1)or

(2)of section 232(b). Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 233(b), and funds allocated to a local area for dislocated workers under section 233(b)(2)(B)— shall be used to carry out employment and training activities described in subsection

(c)for adults or dislocated workers, respectively; and may be used to carry out employment and training activities described in subsection

(d)for adults or dislocated workers, respectively. Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 233(b), and funds allocated to the local area for dislocated workers under section 233(b)(2)(B), shall be used— to establish a one-stop delivery system described in section 221(e); to provide the core services described in paragraph

(2)to adults and dislocated workers, respectively, through the one-stop delivery system in accordance with such paragraph; to provide the intensive services described in paragraph

(3)to adults and dislocated workers, respectively, described in such paragraph; to provide training services described in paragraph

(4)to adults and dislocated workers, respectively, described in such paragraph; and to designate a dedicated business liaison in the local area (whose activities may be funded with funds provided under this title or from other sources) to establish and develop relationships and networks with large and small employers and their intermediaries. Consistent with subsections

(h)and

(i)of section 221, a portion of the funds made available under Federal law authorizing the programs and activities described in section 221(b)(1)(B), 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. Funds described in paragraph

(1)shall be used to provide core 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— determinations of whether the individuals are eligible to receive assistance under this subtitle; outreach, intake (which may include worker profiling), and orientation to the information and other services available through the one-stop delivery system; initial assessment of skill levels (including literacy, numeracy, and English language proficiency), aptitudes, abilities (including skills gaps), and supportive service needs; labor exchange services, including— job search and placement assistance and, in appropriate cases, career counseling, including— provision of information on in-demand industry sectors and occupations; and provision of information on nontraditional employment; and 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; 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; 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— job vacancy listings in such labor market areas; information on job skills necessary to obtain the jobs described in clause (i); and information relating to local occupations in demand and the earnings, skill requirements, and opportunities for advancement for such occupations; provision of performance information and program cost information on eligible providers of training services as described in section 222, provided by program, and eligible providers of youth workforce investment activities described in section 223, providers of adult education described in title III, providers of career and technical education activities at the postsecondary level, and career and technical education activities available to school dropouts, under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), and providers of vocational rehabilitation services described in title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ); 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 section 131(c) and any additional performance information with respect to the one-stop delivery system in the local area; 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 (42 U.S.C. 1396 et seq. and 1397aa et seq.), benefits under the supplemental nutrition 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 the Internal Revenue Code of 1986, 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 referral to the services or assistance described in clause (i), as appropriate; provision of information and assistance regarding filing claims for unemployment compensation; assistance in establishing eligibility for programs of financial aid assistance for training and education programs that are not funded under this Act; and followup services, including counseling regarding the workplace, for participants in workforce investment activities authorized under this subtitle who are placed in unsubsidized employment, for not less than 12 months after the first day of the employment, as appropriate. Except as provided in clause (ii), funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 233(b), and funds allocated to the local area for dislocated workers under section 233(b)(2)(B), shall be used to provide intensive services to adults and dislocated workers, respectively— who are unemployed and who, after an interview, evaluation, or assessment, have been determined by a one-stop operator or one-stop partner as appropriate, to be— unlikely or unable to obtain employment, that leads to economic self-sufficiency or wages comparable to or higher than wages from previous employment, through core services described in paragraph (2); and in need of intensive services to obtain employment that leads to economic self-sufficiency or wages comparable to or higher than wages from previous employment; or who are employed, but who, after an interview, evaluation, or assessment are determined by a one-stop operator or one-stop partner to be in need of such intensive services to obtain or retain employment that leads to economic self-sufficiency. 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. Nothing in this subparagraph shall be construed to mean that an individual is required to receive core services prior to receiving intensive services. Such intensive services shall be provided through the one-stop delivery system— directly through one-stop operators identified pursuant to section 221(d); or through contracts with service providers, which may include contracts with public, private for-profit, and private nonprofit service providers, approved by the local board. Such intensive services may include the following: Comprehensive and specialized assessments of the skill levels and service needs of adults and dislocated workers, which may include— diagnostic testing and use of other assessment tools; and in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals. 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 (4)(F)(ii), and career pathways to attain career objectives. Group counseling. Individual counseling. Career planning. 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. Internships and work experiences that are linked to careers. Workforce preparation activities. Financial literacy services, such as activities described in section 229(b)(1)(I). Out-of-area job search assistance and relocation assistance. English language acquisition and integrated education and training programs. Except as provided in clause (ii), funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 233(b), and funds allocated to the local area for dislocated workers under section 233(b)(2)(B), shall be used to provide training services to adults and dislocated workers, respectively— 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— 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 intensive services described in paragraph (3); 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 have the skills and qualifications to successfully participate in the selected program of training services; who select programs of training services that are directly linked to the employment opportunities in the local area or region involved or in another area to which the adults or dislocated workers are willing to commute or relocate; who meet the requirements of subparagraph (B); and who are determined to be eligible in accordance with the priority system in effect under subparagraph (E). 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)through (viii); 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 customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training. With respect to funds allocated to a local area for adult employment and training activities under paragraph (2)(A) or

(3)of section 233(b), priority shall be given to recipients of public assistance, other low-income individuals, and individuals who are basic skills deficient for receipt of intensive services and training services. The appropriate local board and the Governor shall direct the one-stop operators in the local area with regard to making determinations related to such priority. 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. Each local board, through one-stop centers, shall make available the list of eligible providers of training services described in section 222(d), and accompanying information, in accordance with section 222(d). 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. 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. 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, customized training, incumbent worker 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 in order to facilitate the training of multiple individuals in in-demand industry sectors or occupations; and 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). 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(44) to an amount of up to 75 percent of the wage rate of a participant for a program carried out under chapter 2 or 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 of the employer; the quality of employer-provided training and advancement opportunities; 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), and relation of the training to the competitiveness of a participant. Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 233(b), and funds allocated to the local area for dislocated workers under section 233(b)(2)(B), 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

(ix)and (xi))— customized screening and referral of qualified participants in training services described in subsection (c)(4) to employers; customized employment-related services to employers, employer associations, or other such organizations on a fee-for-service basis; 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; technical assistance and capacity building 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; employment and training activities provided in coordination with child support enforcement activities of the State and local agencies carrying out part D of title IV of the Social Security Act ( 42 U.S.C. 651 et seq. ); activities to improve coordination of employment and training activities, child support services, and assistance, 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. ); activities to improve coordination between employment and training activities and cooperative extension programs carried out by the Department of Agriculture; activities to facilitate remote access to services provided through a one-stop delivery system, including facilitating access through the use of technology; activities— 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; 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 to strengthen linkages between the one-stop delivery system and unemployment insurance programs; training programs for displaced homemakers and for individuals training for nontraditional occupations, in conjunction with programs operated in the local area; 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 section 118, which services— 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 may include— identifying and disseminating to business, educators, and job seekers, information related to the workforce, economic and community development needs, and opportunities presented by the local economy; developing and implementing industry sector strategies (including strategies involving industry partnerships, regional skills alliances, industry skill panels, and sectoral skills partnerships) in which representatives of multiple employers for a specific industry sector or group of related occupations— collaborate to address common workforce needs with suppliers, labor organizations, economic development agencies, eligible providers of training services described in section 222, and other entities that can provide needed supportive services tailored to the needs of workers in that sector or group for a local area or region; identify current and expected gaps between the demand for and supply of labor and skills in that sector or group for that area or region; and develop a strategic plan and training efforts to address skill gaps, advance industry growth and competitiveness, and improve worker productivity, retention, advancement, and competitiveness; developing and delivering innovative workforce investment services and strategies for area employers, which may include career ladder, 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; participation, of appropriate personnel of area employers, in seminars and classes offered in partnership with relevant organizations focusing on the workforce-related needs of area employers and job seekers; training, consulting, needs analysis, and brokering services for area employers, including the organization and aggregation of training for individual employers and coalitions of employers with similar interests, products, or workforce needs, except that services described in this item may be paid for with funds other than those provided under this title; 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; the marketing of business services offered under this title, to appropriate area employers, including small and mid-sized employers; information referral on concerns affecting local employers; and other business services and strategies that better engage employers in workforce investment activities and make the workforce investment system more relevant to meeting the needs of local businesses, as determined by the local board to be consistent with the objectives of this title; 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; 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 ( 29 U.S.C. 796d ), programs 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 section 702 of such Act ( 29 U.S.C. 796a ); and 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. Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 233(b), and funds allocated to the local area for dislocated workers under section 233(b)(2)(B), may be used to provide, through the one-stop delivery system involved, work support activities designed to assist low-wage workers in retaining and enhancing employment. The one-stop partners of the system shall coordinate the appropriate programs and resources of the partners with the activities and resources provided under this subparagraph. 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. Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 233(b), and funds allocated to the local area for dislocated workers under section 233(b)(2)(B), may be used to provide supportive services to adults and dislocated workers, respectively— who are participating in programs with activities authorized in any of paragraphs (2), (3), or

(4)of subsection (c); and who are unable to obtain such supportive services through other programs providing such services. Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 233(b), and funds allocated to the local area for dislocated workers under section 233(b)(2)(B), may be used to provide needs-related payments to adults and dislocated workers, respectively, who are unemployed and do not qualify for (or have ceased to qualify for) unemployment compensation for the purpose of enabling such individuals to participate in programs of training services under subsection (c)(4). 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— 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 subtitle; or if later, by the end of the 8th week after the worker is informed that a short-term layoff will exceed 6 months. The level of a needs-related payment made to a dislocated worker under this paragraph shall not exceed the greater of— the applicable level of unemployment compensation; or 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. 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 233(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 cost. 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 (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. 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. The employer may provide the share in cash or in kind, fairly evaluated. The local board may use not more than 10 percent of the funds allocated to the local area involved under section 233(b) to provide transitional jobs under subsection (c)(4) that— 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; are combined with comprehensive employment and supportive services; and 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.

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