Sec. 242. Use of funds for employment and training activities
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Section 134(a)(2)(A)(ii) ( 29 U.S.C. 3174(a)(2)(A)(ii) ) is amended by striking , 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) . Section 134(a)(2)(B)(i) ( 29 U.S.C. 3174(a)(2)(B) ) is amended by striking subclauses
(III)and
(IV)and inserting the following: local areas by providing information on and support for the effective development, convening, and implementation of industry or sector partnerships described in subsection (c)(5); local areas for carrying out career pathway development efforts, which may include alignment and coordination efforts with career and technical education programs of study; and local areas, one-stop operators, one-stop partners, and eligible providers, including for— the continuous development and training of staff on strategies for preparing 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 116(c); . Section 134(a)(3)(A) ( 29 U.S.C. 3174(a)(3)(A) ) is amended— in clause (ii), by inserting or bringing evidenced-based programs to scale after strategies ; by amending clause
(iii)to read as follows: the development or identification of, and sharing of information (in transparent, linked, open, and interoperable data formats) about, education and training programs that— respond to real-time labor market analysis; utilize direct assessment and prior learning assessment to measure and provide credit for prior knowledge, skills, competencies, and experiences; evaluate such skills and competencies for adaptability, ensure credits are portable and stackable for more skilled employment; and accelerate course or credential completion, and facilitate the sharing of information about such programs in transparent, linked, open, and interoperable data formats; ; by amending clause
(v)to read as follows: supporting the development of alternative programs and other activities that enhance the choices available to older individuals (including options for self-employment and other wage-earning activities that lead to economic self-sufficiency), and enhance skills (such as digital literacy) in older individuals; ; in clause (viii)(II)— by amending item
(dd)to read as follows: adult education, literacy, and digital literacy activities, including those provided by public libraries; ; in item (ee), by striking ex-offenders and inserting justice-involved individuals ; by striking and at the end of item (ff); and by adding at the end the following: programs under the Older Americans Act of 1965 ( 42 U.S.C. 3001 et seq. ) that support employment and economic security; and State domestic violence coalitions (as defined in section 302 of the Family Violence Prevention and Services Act ( 42 U.S.C. 10402 )) and tribal coalitions (as defined in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) )). . Section 134(c)(1)(A) ( 29 U.S.C. 3174(c)(1)(A) ) is amended by striking clauses
(iv)and
(v)and inserting the following: to provide supportive services described in paragraph
(4)to adults and dislocated workers, respectively, through the one-stop delivery system in accordance with such paragraph; to establish and develop relationships and networks with large and small employers and their intermediaries; and to develop, convene, or implement industry or sector partnerships described in paragraph (5). . Section 134(c)(2)(A) ( 29 U.S.C. 3174(c)(2)(A) ) is amended— by amending clause
(iii)to read as follows: initial assessment of skill levels (including literacy, digital literacy, numeracy, and English language proficiency), competencies, abilities, current applicable foreign academic and professional credentials, guidance and services on transferring high-skilled foreign certifications, and supportive service needs, which may include diagnostic testing and use of other assessment tools; ; by amending clause
(vi)to read as follows: provision of workforce and labor market employment statistics information and related skills development 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 and credentials necessary to obtain the jobs described in subclause (I); and information on education and skills development programs that are available for attaining needed skills and credentials for the jobs described in subclause (I), including information— on the pathways to such skills and credentials (including information on career pathway programs in the local area); on the quality of such education and training programs, consistent with the performance information provided under clause (vii); and on the comparability of current foreign academic and professional certifications to needed skills and credentials; and information relating to local occupations in demand and the earnings, skill requirements, and opportunities for advancement for such occupations; ; by amending clause
(xi)to read as follows: assistance in identifying and establishing eligibility for programs of financial aid assistance for training and education programs that are not funded under this Act, including Federal financial aid under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ) and through State-funded education and training programs; ; in clause (xii), by striking subclauses
(IV)through
(XI)and inserting the following: individual counseling, including career counseling; career planning; assessment and development of employability skills, including development of learning skills, communication skills, interviewing skills, punctuality, and professional conduct, to prepare individuals for unsubsidized employment or training; financial literacy services, such as the activities described in section 129(b)(2)(D); out-of-area job search assistance and relocation assistance; or English language acquisition and integrated education and training programs; and ; and in clause (xiii), by inserting and options for further skill upgrading and career advancement after the workplace . Subparagraph
(B)of section 134(c)(2) ( 29 U.S.C. 3174(c)(2) ) is amended to read as follows: A one-stop operator or one-stop partner shall not be required to conduct a new interview, evaluation, or assessment of a participant under subparagraph (A)(xii) 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 for another education or training program; and using such recent interview, evaluation, or assessment may accelerate eligibility determination or facilitate enrollment in a training program for which such participant has been selected. . Subparagraph
(C)of section 134(c)(2) ( 29 U.S.C. 3174(c)(2) ) is amended by inserting or community-based organizations to serve individuals with barriers to employment, after nonprofit service providers, . Section 134(c)(3)(A) ( 29 U.S.C. 3174(c)(3)(A) ) is amended— in clause (i)(II), by inserting before the semicolon at the end the following: , or to jobs that may be performed remotely ; and by adding at the end the following: In the case of an individual who is determined to not have the skills and qualifications to successfully participate in the selected program of training services under clause (i)(I)(cc), the one-stop operator or one-stop partner shall make available, or refer such individual to, adult education and family literacy activities under title II. . Section 134(c)(3)(B) ( 29 U.S.C. 3174(c)(3)(B) ) is amended by adding at the end the following: An individual who meets the eligibility requirements under subparagraph (A)(i) to participate in a program of training services may participate in such a program during the period in which such individual’s enrollment in such program is being reviewed under this section, except that the provider of such program shall only receive reimbursement under this Act for the individual’s participation during such period if such individual’s enrollment is approved under this section. . Section 134(c)(3)(D) is amended, in the matter preceding clause (i), by striking “Training services may include” and inserting “Training services may be delivered in-person or virtually, and may include”. Section 134(c)(3)(E) ( 29 U.S.C. 3174(c)(3)(E) ) is amended to read as follows: 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), not less than 75 percent of such funds, used to provide career services described in paragraph (2)(A)(xii), training services, and supportive services, shall be used to provide such services to— recipients of public assistance; other low-income individuals; individuals who have foundational skill needs; and individuals with barriers to employment who are not described in subclauses
(I)through (III). The appropriate local board and the Governor shall direct the one-stop operators in the local area with regard to making determinations on how to prioritize the populations listed in subclauses
(I)through
(IV)of clause
(i)for purposes of clause (i). ; Section 134(c)(3)(G) ( 29 U.S.C. 3174(c)(3)(G) ) is amended— by amending clause
(i)to read as follows: 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. An individual training account may provide any costs with respect to such training services, as determined by the local board, including— the costs of course materials, supplies, uniforms, technology, and other required fees for graduation, licensure, or certification; and in the case of a provider that charges tuition and fees for a training program, the cost of such tuition and fees. ; in clause (ii), by amending subclause
(IV)to read as follows: the local board determines that there is a training program demonstrating effectiveness (including cost effectiveness), and that can be offered in the local area by a community-based organization or another private, nonprofit organization to serve individuals with barriers to employment; ; and by striking clauses
(iii)and
(iv)and inserting the following: Subject to subclause (II), 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 dislocated worker receiving such services is willing to relocate or that may be performed remotely. 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. To the extent practicable, training services provided under this paragraph shall result in the attainment of skills and credentials that are portable and stackable. 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). . Section 134(c)(3)(H) ( 29 U.S.C. 3174(c)(3)(H) ) is amended to read as follows: 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 to an amount of up to 90 percent of the wage rate of a participant for a program carried out under chapter 2 or this chapter, if— the Governor approves the increase with respect to a program carried out with funds reserved by the State under such chapter, taking into account the factors described in clause (iii); 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 the factors described in clause (iii). The one-stop operator within a local area shall— at least once during the on-the-job training program, verify that the employer meets the conditions that— were certified by the employer in the contract for such program; and are consistent with the factors described in clause (iii), according to a methodology determined by the local board with consent from the Governor; and terminate the employer’s contract for such program if the employer is not meeting such conditions. For purposes of this subparagraph, the Governor or local board, respectively, may take into account factors consisting of— basic indicators of job quality, including— wage level upon completion of a training program; availability of benefits, such as paid time off, health insurance, and retirement savings plan; and a safe workplace, such as a record of compliance with safety regulations consistent with or better than the industry average and adoption of an independently certified injury and illness prevention program; 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, opportunities for promotions, predictable and stable work schedule, and relation of the training to the competitiveness of a participant. . Section 134(c) ( 29 U.S.C. 3174 ) is further amended by adding at the end the following: A portion of the funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 133(b), and a portion of the funds allocated to the local area for dislocated workers under section 133(b)(2)(B)— shall be used to provide supportive services (that are not needs-related payments) to adults and dislocated workers, respectively— who are participating in programs with activities authorized in paragraph
(2)or
(3)of subsection (c), or who entered unsubsidized employment after participating in such programs, for up to 12 months following the date of first employment; and who are unable to obtain such supportive services through other programs providing such services; and 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)(3). In addition to the requirements contained in subparagraph (A)(ii), 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 is enrolled in training services. 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 150 percent of the poverty line, for an equivalent period, which amount shall be adjusted to reflect changes in total family income. . Section 134(d)(1)(A) ( 29 U.S.C. 3174(d)(1)(A) ) is amended— in clause (vii)— by inserting and at the end of subclause (III); and by adding at the end the following: to strengthen, through professional development activities, the knowledge and capacity of staff to use the latest digital technologies, tools and strategies to equitably deliver high quality services and outcomes for jobseekers, workers, and employers; ; in clause (viii), strike displaced homemakers and insert displaced caregivers ; and in clause (ix)(II)(bb), by inserting , technical assistance in support of job quality, adoption of skills-based and equitable hiring practices after apprenticeship . Section 134(d) ( 29 U.S.C. 3174(d) ), as amended by this section, is further amended by striking paragraphs
(2)through (5), and inserting the following: The local board may reserve and use not more than 25 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. The local board may increase such reservation of funds for a program year if the Governor determines that the training from such funds from the prior program year resulted in career promotions for workers receiving such training and created new job vacancies. For a program year for which the reservation of funds is so increased, clause
(i)shall be applied by substituting 30 percent for 25 percent . In order for a local board to determine that an employer is eligible to receive funding under clause (i), the local board shall take into account factors consisting of— the basic indicators of job quality described in subsection (c)(3)(H)(iii)(I); 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, 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 clauses
(ii)and (iii), the local board shall establish the non-Federal share of the cost of providing training through a training program for incumbent workers, by considering the indicators described in subsection (c)(3)(H)(iii) and how many of such indicators the employer certifies will be met with respect to the employment of incumbent workers upon completion of training funded under this section. 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. Upon completion of the incumbent worker training program funded under this section, the one-stop operator within a local area shall verify that the employer met the conditions that were certified to prior to receiving the Federal share of the training program’s costs, consistent with this paragraph, according to a methodology determined by the Governor or local board. If such conditions were not met, the one-stop operator shall prohibit the employer from receiving funds for incumbent worker training under this section for a period of 5 years. The local board may use not more than 40 percent of the funds allocated to the local area involved under section 133(b) to provide transitional jobs under subsection (c)(3) that— are time-limited work experiences that are subsidized and are in the public, private, employment social enterprise, 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 skills that lead to entry into and retention in unsubsidized employment. .
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Sec. 242
Use of funds for employment and training activities
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