Sec. 5. Allotments to states
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Of the amounts available for this Act under section 4, the Secretary may reserve— not more than 5 percent of those amounts for the costs of technical assistance and Federal administration of this Act; not more than 2 percent of those amounts for the costs of evaluations conducted under section 8(b); and not more than 1/4 of 1 percent of such amounts to provide assistance to the outlying areas. Of the amounts available for this Act under section 4 that remain after the Secretary makes the reservations under subsection (a), the Secretary shall, for the purpose of supporting (which may include assistance in establishing expanded) local or regional eligible partnerships to support work-based learning programs under this Act, make allotments to eligible States in accordance with clauses
(ii)through
(v)of section 132(b)(1)(B) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3162(b)(1)(C) ), subject to paragraph (2). For purposes of applying the clauses described in paragraph (1), under paragraph (1), the Secretary— shall not apply subclauses
(I)and
(III)of clause
(iv)with respect to the first fiscal year after the date of enactment of this Act; shall apply clause (iv)(II) by substituting 0.5 percent of the remaining amounts described in paragraph
(1)for the total described in that clause; shall not apply clause (iv)(IV); shall apply clause (v)(II) by substituting the term allotment percentage , used with respect to the second full fiscal year after the date of enactment of this Act, or a subsequent fiscal year, means a percentage of the remaining amounts described in paragraph
(1)that is received through an allotment made under this subsection for the fiscal year for the two sentences in that clause; and shall apply clause (v)(III) by substituting a work-based learning program carried out under this Act for a program of workforce investment activities carried out under this subtitle . If a State fails to meet the requirements for an allotment under this subsection, the Secretary may allot funds that are not allotted under paragraphs
(1)and
(2)to eligible States under a formula based on the formula specified in section 132(c) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3173(c) ). In this subsection, the term eligible State means a State that meets the requirements of section 102 or 103 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3112 , 3113) and subsection (c). To be eligible to receive an allotment under subsection (b), a State, in consultation with State boards and local boards, shall submit an application to the Secretary, at such time, in such manner, and containing a description of the activities to be carried out with the grant funds. At a minimum, the application shall include information on— the local or regional industry or sector partnerships that will be supported, including the lead partners for the partnerships, and how the partnerships will work to engage small and medium-sized businesses, as applicable, in the activities of the partnerships; the in-demand industry sectors that will be served, including how such industry sectors were identified, and how the activities of the partnerships will align with State, regional, and local plans as required under title I of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3111 et seq.); the registered apprenticeship programs or other work-based learning programs to be supported though the partnerships; the populations that will receive services, including individuals with barriers to employment and populations that were historically underrepresented in the industry sectors to be served through the partnerships; the services, including business engagement, classroom instruction, and support services (including at least 6 months of post-employment support services), that will be supported through the grant funds; the recognized postsecondary credentials that workers will obtain through participation in the program and the quality of the program that leads to the credentials; levels of performance to be achieved on the performance indicators described in section 8, to measure progress towards expanding work-based learning programs; how local or regional partnerships will leverage additional resources, including funding provided under title I of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3111 et seq.) and non-Federal resources, to support the activities carried out under this Act; and such other subjects as the Secretary may require. The Secretary shall review applications submitted under subsection
(c)in consultation with the Secretary of Education and the Secretary of Health and Human Services.
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