Sec. 4. Upskill Accounts
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Section 132 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3172 ) is amended by adding at the end the following: Notwithstanding any other provision of this chapter, none of the funds appropriated under subsection (a), (b), or
(c)of section 136, and allotted or otherwise provided under this section, may be used to provide training services, except under the provisions described in paragraph (2). Funds appropriated under section 136(d) shall be used to provide training services and supportive services under section 134(c)(3), and additional sums described in section 134(c)(3)(C)(ii) for career services under section 134(c)(2). The provisions described in this paragraph are section 129(b), paragraph
(2)or
(3)of section 134(a), or section 134(d), 169(c) or 170. . Section 133(b)(1) of such Act ( 29 U.S.C. 3173(b)(1) ) is amended by striking The and inserting Subject to section 132(d), the . Section 134 of such Act ( 29 U.S.C. 3174 ) is amended— by striking subsection
(b)and inserting the following: Funds appropriated under section 136(d) shall be used to pay or reimburse local boards for the cost of providing training services, supportive services, and career services as described in section 136(d). Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 133(b), and funds allocated to a local area for dislocated workers under section 133(b)(2)(B)— shall be used to carry out employment and training activities described in subsection (c), other than subsection (c)(3), 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. . Section 134(c) of such Act ( 29 U.S.C. 3174(c) ) is amended— in paragraph (1)— in subparagraph (A)— by striking clause (iii); and by redesignating clauses
(iv)and
(v)as clauses
(iii)and (iv), respectively; by redesignating subparagraph
(B)as subparagraph (C); and by inserting after subparagraph
(A)the following: Funds appropriated under section 136(d) shall be used to provide training services, supportive services, and career services as described in section 136(d) to adults and dislocated workers who are eligible for the services involved. ; in paragraph (2)— in subparagraph (A), by striking Funds described in paragraph
(1)and inserting Funds described in paragraph
(1)or made available under paragraph (3)(C)(ii) ; and by adding at the end the following: With respect to funds allocated to a local area for adult employment and training activities under paragraph (2)(A) or
(3)of section 133(b), priority shall be given to recipients of public assistance, other low-income individuals, and individuals who are basic skills deficient for receipt of career services described in subparagraph (A)(xii). 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. ; and in paragraph (3)— in subparagraph (A)(i)— in the matter preceding subclause (I)— by striking funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 133(b), and funds allocated to the local area for dislocated workers under section 133(b)(2)(B), and inserting funds appropriated under section 136(d) and made available under subparagraph (C)(i) ; and by striking , respectively ; and in subclause (IV), by striking who are and all that follows and inserting who meet the requirements of subparagraph (E). ; by amending subparagraph
(C)to read as follows: The Secretary shall establish arrangements by which a local board shall obtain payment in advance for the cost of providing training services and supportive services through Upskill Accounts or contracts to individuals who have been determined to meet the requirements of subparagraph
(A)and are therefore eligible for the services involved. When the Secretary provides payment under clause
(i)to a local board for an amount under such clause, the Secretary shall also provide an additional sum equal to 10 percent of the amount to the local board. The local board shall use the additional sum to pay for— career services described in paragraph (2), including— making the services described in clauses (v), (vii), (ix), (x), (xi), and
(xii)of paragraph (2)(A) available to any Upskill Account recipient outside of traditional working hours, as defined by the Secretary; and the provision of information, in formats that are usable by and understandable to individuals eligible to receive services through the one-stop delivery system, about— the local availability of pre-apprenticeship and apprenticeship programs, and the costs of these programs to the Upskill Account recipient as compared to the costs of training programs provided by other eligible providers of training services; and apprenticeship programs in industries in which apprenticeship programs have not been traditionally used, including information for populations traditionally underrepresented in apprenticeship programs; and activities to build relationships between local boards and local eligible providers of training services, such as— working with such local eligible providers to improve data reporting to local boards on the primary indicators of performance described in subclauses
(I)through
(IV)of section 116(b)(2)(A)(i) and, if the local boards and local eligible providers agree, any primary indicator of performance described in subclause
(V)or
(VI)of such section; negotiating with such local eligible providers of training services regarding any adjusted levels of performance required by the local board under section 122(b)(3); and coordinating with local providers of training services and the State to update the list of eligible providers of training services described in section 122(d). ; in subparagraph (D), by adding at the end the following: Notwithstanding any other provision of this subparagraph, solely for purposes of this paragraph, training services shall not include instruction, at an institution of higher education that provides a 4-year program of instruction, towards a baccalaureate or post-baccalaureate degree. ; by striking subparagraph
(E)and inserting the following: To be eligible to receive training services and supportive services under this paragraph, an individual shall— be a dislocated worker; be eligible for and receiving unemployment compensation under any Federal unemployment compensation law; be unemployed and have exhausted all unemployment compensation benefits available to the individual; or be employed for at least 6 of the last 12 months and have an income that is not more than 100 percent of the State median income in the State in which the individual resides; and be a member of a household with an adjusted gross income of not more than $150,000. ; in subparagraph (F)— in clause (ii), by inserting before Each the following: Training services shall be provided through providers identified in accordance with section 122. ; by striking clause
(iii)and inserting the following: An individual who seeks training services and who is eligible pursuant to this paragraph, may, in consultation with a career counselor, select an eligible provider of training services from the list of providers described in clause (ii). If the individual is using funds from the account for a high school equivalency program that is not aligned with a career pathway, the provider shall demonstrate that the program meets relevant requirements of the State educational agency involved for a high school education. Upon such selection, the local board involved shall establish an Upskill Account for the individual, which shall allow the individual to pay for such services and any supportive services (including provision of payments for child care, transportation, required books, equipment, or examination fees) that are necessary to enable the individual to participate in the training services provided by the selected provider. The local board shall hold and administer the Upskill Account funds for the participating individuals served by the local board, and shall use such funds to reimburse all providers of training services and supportive service providers for the individual. The Secretary shall determine the appropriate costs for which such an account may be used, and shall develop methods of verifying whether such an account was used for those costs. A local board may enter into a contract or other agreement with a local entity, including an institution of higher education, labor organization, or community-based organization, to enable the entity to provide Upskill Account enrollment assistance or career services (as described in subparagraph (C)(ii)(I)) at a location, or in a manner, that is convenient for eligible individuals. ; and in clause (iv), by striking individual training accounts and inserting Upskill Accounts ; in subparagraph (G)— in the subparagraph heading, by striking and inserting individual training accounts ; upskill accounts by redesignating clauses
(ii)through
(iv)as clauses
(vii)through (ix), respectively; by striking clause
(i)and inserting the following: Except as provided in clause (iv), training services and supportive services provided under this paragraph shall be provided through the use of Upskill Accounts in accordance with this paragraph, and shall be provided to eligible individuals through the one-stop delivery system. Each individual who seeks training services (except services provided under clause (vii)) and who is eligible for training services pursuant to this paragraph shall receive an Upskill Account that— if the individual is a dislocated worker or has an income that is not more than 50 percent of the State median income in the State in which the individual resides, is in an amount of $8,000, increased in accordance with clause (iii); if the individual has an income that is more than 50 percent but not more than 75 percent of that State median income, is in an amount of $6,000, increased in accordance with clause (iii); and if the individual has an income that is more than 75 percent but not more than 100 percent of that State median income, is in an amount of $4,000, increased in accordance with clause (iii). Beginning in fiscal year 2021, the Secretary shall annually adjust each amount described in subclauses
(I)through
(III)of clause
(ii)by the estimated percentage increase, if any, in the Consumer Price Index for the most recent full calendar year. The tuition and fees of a program of training services provided through the use of an Upskill Account shall not exceed 110 percent of the tuition and fees of a comparable program at a local community college, unless the local board determines that an employer will pay the amount of any costs of the program that exceed 110 percent of such comparable program's tuition and fees. An individual who receives an Upskill Account under this paragraph shall enroll in a program of training services not later than 3 months after receiving the account. No individual may receive more than one Upskill Account in any 5-year period. During the first year for which Upskill Accounts are available to eligible individuals, the Secretary shall carry out a national information campaign to raise awareness about Upskill Accounts and their availability and use, which may include running public awareness campaigns at the State or local level informing eligible individuals and employers about the Upskill Accounts. ; in clause (vii), as redesignated by clause
(ii)of this subparagraph— in the matter preceding subclause (I), by striking individual training account and inserting Upskill Account ; and in subclause (III), by striking individual training accounts and inserting Upskill Accounts ; and in clause (ix), as redesignated by clause
(ii)of this subparagraph— by striking individual training accounts each place it appears and inserting Upskill Accounts ; and by striking clause
(ii)and inserting clause
(vii); and in subparagraph (H), by adding at the end the following: The on-the-job training shall be provided through providers identified in accordance with section 122(h). . Section 122(c)(2) of such Act ( 29 U.S.C. 3152(c)(2) ) is amended by adding at the end the following: The Governor shall establish levels of performance on the indicators of performance described in subclauses
(I)through
(IV)of section 116(b)(2)(A)(i) that a provider of training services shall be required to meet or exceed, based on the performance of all individuals receiving the training services, in order to renew eligibility under this paragraph and remain on the list of providers under subsection (d). . Section 136 of such Act ( 29 U.S.C. 3181 ) is amended by adding at the end the following: There are authorized to be appropriated and there are appropriated such sums as may be necessary for each fiscal year to provide training services and supportive services under section 134(c)(3), and the additional sums described in section 134(c)(3)(C)(ii) for career services under section 134(c)(2). . Section 108(b)(19) of such Act ( 29 U.S.C. 3123(b)(19) ) is amended by striking individual training accounts and inserting Upskill Accounts . Section 122(g) of such Act ( 29 U.S.C. 3152(g) ) is amended by striking individual training accounts and inserting Upskill Accounts .
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