Sec. 111. Workforce response activities

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With respect to funds appropriated under section 113(d) or 115(c) and allotted to a State under subtitle B of title I of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3151 et seq.) for adult or dislocated worker workforce development activities, allocated to a local area for adult workforce development activities in accordance with paragraph (2)(A) or paragraph

(3)of section 133(b) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3173(b) ), or allocated to a local area for dislocated worker workforce development activities in accordance with section 133(b)(2)(B) of such Act ( 29 U.S.C. 3173(b)(B) ), the following shall apply: To be eligible to receive services through those funds, an adult or dislocated worker— shall not be required to meet the requirements of section 134(c)(3)(B) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(c)(3)(B) ); may include, as determined by the Governor or local board involved, an individual described in section 2102(a)(3)(A) of the Coronavirus Aid, Relief, and Economic Security Act ( 15 U.S.C. 9021(a)(3)(A) ) who, for the purposes of this section, may be considered by the Governor or board to be an adult or a dislocated worker; and shall include individuals with barriers to employment, including individuals with disabilities, not less than age 18 who, for the purposes of this section, shall be considered to be adults and dislocated workers. Such funds may be used to provide individualized career services described in section 134(c)(2)(A)(xii) of the Workforce Investment and Opportunity Act ( 29 U.S.C. 3174(c)(2)(A)(xii) ) to any such eligible adult and dislocated worker. In a case in which the local board for such local area provides to the Secretary an assurance that the local area will use such allocated funds (allocated for adult or dislocated worker activities) to provide the work support activities designed to assist low-wage workers in retaining and enhancing employment in accordance with section 134(d)(1)(B) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(d)(1)(B) ), such local board may— use not more than 40 percent of such allocated funds for a training program for incumbent workers described in section 134(d)(4)(A)(i) of such Act ( 29 U.S.C. 3174(d)(4)(A)(i) ) (for such low-wage workers who are incumbent workers); and consider the economic impact of the COVID–19 national emergency to the employer or participants of such program in determining an employer’s eligibility under section 134(d)(4)(A)(ii) of such Act ( 29 U.S.C. 3174(d)(4)(A)(ii) )) for the Federal share of the cost of such program. The local board for such local area may use not more than 40 percent of such allocated funds to provide transitional jobs in accordance with section 134(d)(5) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(d)(5) ). Section 194(10) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3254(10) ) shall not apply with respect to the funds used under subparagraph (A). The Governor for the State or the local board for such area may take into account the impact of the COVID–19 national emergency as a factor in determining whether to increase the amount of a reimbursement to an amount up to 75 percent of the wage rate of a participant in accordance with 134(c)(3)(H) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(c)(3)(H) ). The Governor for the State or local board for such area may take into account the impact of the COVID–19 national emergency as a factor in determining the portion of the cost of training an employer shall provide in accordance with section 3(14) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102(14) ). With respect to funds appropriated under section 113(d), 114(d), or 115(c) and allotted under section 127 or 132 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3162 ; 3172) to a State in accordance with section 127(b)(1)(C) and paragraphs (1)(B) and (2)(B) of section 132(b) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3162(b)(1)(C) ; 3172(b)), the Governor— shall make the reservations under section 128(a) and 133(a)(1) of such Act ( 29 U.S.C. 3163(a) ; 3173(a)(1)) and use the reserved funds for statewide activities described in section 129(b) or paragraph (2)(B) or

(3)of section 134(a) of such Act ( 29 U.S.C. 3164(b) ; 3174(a)) related to the COVID–19 national emergency; and may make a reservation (in addition to the reservations described in paragraph (1)) of not more than 10 percent for activities related to responding to the COVID–19 national emergency if such reserved funds are used for activities benefitting the local areas within such State most impacted by the COVID–19 national emergency, which activities may include providing— training for health care workers, public health workers, personal care attendants, direct service providers, home health workers, and frontline workers; resources to support, allow for, or provide access to, online services, including counseling, case management, and employment retention supports, and delivery by local boards, one-stop centers, one-stop operators, or training services by providers eligible under section 122; or additional resources to such local areas to provide career services and supportive services for eligible individuals. Not later than 60 days after a State receives funds appropriated under section 113(d), 114(d), or 115(c), the Governor shall submit to the Secretary, as a supplement to the State plan submitted under section 102(a) or 103(a) of the Workforce Investment and Opportunity Act ( 29 U.S.C. 3112(a) ; 3113(a)), a workforce plan that responds to the COVID–19 national emergency.

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