Sec. 302. Job training grants

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Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 ( 29 U.S.C. 3224a ) is amended to read as follows: Of the funds available under section 286(s)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1356(s)(2) ), the Secretary of Labor shall, for each fiscal year— return permanently 12 percent of such amounts in each fiscal year to the general fund of the Treasury; use $65,000,000 of such funds to carry out the program established under section 173 of the Workforce Innovation and Opportunity Act; and using the funds remaining after carrying out clauses

(i)and (ii), make allotments to each State that receives an allotment under section 132(b) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3172(b) ) for the purpose of providing training services through individual training accounts for eligible dislocated workers as described in paragraph (2)(A). From the amount made available under subparagraph (A)(iii) for a fiscal year, the Secretary shall reserve not more than 1/4 of 1 percent of such amount to provide assistance to the outlying areas for the purpose described in paragraph (2)(A). Subject to clause

(iii)of this subparagraph, the Secretary shall use the remainder of the amount made available under subparagraph (A)(iii) (in this subparagraph referred to as the remainder amount ) for a fiscal year to make allotments to States described in subparagraph (A)(iii) on the following basis: 33 and 1/3 percent shall be allotted on the basis of the relative number of unemployed individuals in each such State, compared to the total number of unemployed individuals in all such States. 33 and 1/3 percent shall be allotted on the basis of the relative number of disadvantaged adults in each such State, compared to the total number of disadvantaged adults in all such States. 33 and 1/3 percent shall be allotted on the basis of the relative number of individuals in the civilian labor force in each such State, compared to the total number in the civilian labor force in all such States. The Secretary shall ensure that no State shall receive an allotment under this subparagraph for a fiscal year that is less than— in the case of a fiscal year for which the remainder amount is not more than $180,000,000, 3/10 of 1 percent of such remainder amount; and in the case of a fiscal year for which the remainder amount exceeds $180,000,000, the total of— 3/10 of 1 percent of $180,000,000; and 2/5 of 1 percent of such excess amount. For purposes of this subparagraph and subparagraph (C), the term disadvantaged adult has the meaning given such term in section 132(b)(1)(B)(v)(IV) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3172(b)(1)(B)(v)(IV) ). The Secretary of Labor shall, in accordance with this clause, reallot to eligible States amounts that are made available to States from allotments made under this subparagraph (referred to individually in this subsection as a State allotment ) and that are available for reallotment. The amount available for reallotment for a program year is equal to the amount by which the unobligated balance of the State allotment, at the end of the program year prior to the program year for which the determination under this subclause is made, exceeds 20 percent of such allotment for the prior program year. In making reallotments to eligible States of amounts available pursuant to subclause

(II)for a program year, the Secretary shall allot to each eligible State an amount based on the relative amount of the State allotment for the program year for which the determination is made, as compared to the total amount of the State allotments for all eligible States for such program year. For purposes of this subsection, an eligible State means a State that does not have an amount available for reallotment under subclause

(II)for the program year for which the determination under subclause

(II)is made. The Governor shall allocate the funds allotted to the State under subparagraph

(B)for a fiscal year to the local areas in the State on the following basis: 33 and 1/3 percent of the funds on the basis described in subparagraph (B)(ii)(I). 33 and 1/3 percent of the funds on the basis described in subparagraph (B)(ii)(II). 33 and 1/3 percent of the funds on the basis described in subparagraph (B)(ii)(III). For purposes of carrying out clause (i)— references in subparagraph (B)(ii) to a State shall be deemed to be references to a local area; and references in subparagraph (B)(ii) to all States shall be deemed to be references to all local areas in the State involved. The Governor may, in accordance with this clause and after consultation with the State board, reallocate to eligible local areas within the State amounts that are made available to local areas from allocations made under this subparagraph (referred to individually in this subsection as a local allocation ) and that are available for reallocation. The amount available for reallocation for a program year is equal to the amount by which the unobligated balance of the local allocation, at the end of the program year prior to the program year for which the determination under this subclause is made, exceeds 20 percent of such allocation for the prior program year. In making reallocations to eligible local areas of amounts available pursuant to subclause

(II)for a program year, the Governor shall allocate to each eligible local area within the State an amount based on the relative amount of the local allocation for the program year for which the determination is made, as compared to the total amount of the local allocations for all eligible local areas in the State for such program year. For purposes of this subsection, an eligible local area means a local area that does not have an amount available for reallotment under subclause

(II)for the program year for which the determination under subclause

(II)is made. Funds allocated pursuant to paragraph

(1)to a local area shall be used to pay, through the use of an individual training account in accordance with section 134(c)(3)(F)(iii) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(c)(3)(F)(iii) ), an eligible provider of training services from the list of eligible providers of training services described in section 122(d) of such Act ( 29 U.S.C. 3152(d) ) for training services provided to eligible dislocated workers in the local area. As a condition of receipt of funds under paragraph (1), a local area shall agree to each of the following: Prior to an eligible dislocated worker selecting a program of training services from the list of eligible providers of training services under section 122(d) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3152(d) ), the local area shall inform such dislocated worker of any opportunities the dislocated worker may have to participate in on-the-job training or employer-directed skills development funded through such local area. Except as provided in clause (iv)(II), a local area— may not limit the maximum amount available for an individual training account for an eligible dislocated worker under subparagraph

(A)to an amount that is less than $5,000; and may not pay an amount, through the use of an individual training account under subparagraph (A), for training services provided to an eligible dislocated worker that exceeds the costs of such services. A local area may not use funds made available to the local area for a fiscal year pursuant to section 134(c)(1)(B) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(c)(1)(B) ) to make payments under subparagraph

(A)until the funds allocated to the local area pursuant to paragraph

(1)of this subsection for such fiscal year have been exhausted. Upon the exhaustion of the funds allocated to the local area pursuant to paragraph

(1)of this subsection, for the purpose of paying, through the use of individual training accounts under subparagraph (A), the costs of training services for eligible dislocated workers in the local area seeking such services, the local area— shall use any funds made available to the local area pursuant to section 134(c)(1)(B) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(c)(1)(B) ) to pay for such costs under subparagraph

(A)(other than any costs that exceed the limit set by the local area pursuant to clause

(ii)or subclause (II)); and for any eligible dislocated worker who is not a low-income individual, may limit the maximum amount available for the individual training account under subparagraph

(A)for such worker to an amount that is less than $5,000. A dislocated worker shall be an eligible dislocated worker for purposes of this subsection if the dislocated worker— meets the requirements under section 134(c)(3)(A)(i) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(c)(3)(A)(i) ) to be eligible for training services; and has not received training services through an individual training account under this subsection or under section 134(c)(3)(F)(iii) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(c)(3)(F)(iii) ) during the preceding 5-year period or, if such a worker has received such training services during such period, the worker has been granted an exception by the local area due to an exceptional circumstance, as determined by the local area. Upon the exhaustion of the funds allocated to a local area pursuant to paragraph

(1)of this subsection and any funds that may be available to such local area pursuant to section 134(c)(1)(B) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(c)(1)(B) ) for the purpose described in paragraph (2)(A) of this subsection, the local area— may request additional funds for such purpose from the Governor under section 134(a)(2)(A)(i)(III) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(a)(2)(A)(i)(III) ); and shall not be required to pay for training services or establish an individual training account for an eligible dislocated worker. Except as otherwise specified, a term used in this subsection shall have the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). Nothing in this subsection shall be construed to provide an individual with an entitlement to a service under this subsection or under title I of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3111 et seq. ) or to mandate a State or local area to provide a service if Federal funds are not available for such service. .

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Sec. 302

Job training grants

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