§ 2864. Use of funds for employment and training activities
(a)
Statewide employment and training activities
(1)
In general
Funds reserved by a Governor for a State—
(A)
as described in section
2863
(a)(2) of this title shall be used to carry out the statewide rapid response activities described in paragraph (2)(A); and
(2)
Required statewide employment and training activities
(A)
Statewide rapid response activities
A State shall use funds reserved as described in section
2863
(a)(2) of this title to carry out statewide rapid response activities, which shall include—
(i)
provision of rapid response activities, carried out in local areas by the State or by an entity designated by the State, working in conjunction with the local boards and the chief elected officials in the local areas; and
(ii)
provision of additional assistance to local areas that experience disasters, mass layoffs or plant closings, or other events that precipitate substantial increases in the number of unemployed individuals, carried out in local areas by the State or by an entity designated by the State, working in conjunction with the local boards and the chief elected officials in the local areas.
(B)
Other required statewide employment and training activities
A State shall use funds reserved as described in sections
2853
(a) and
2863
(a)(1) of this title (regardless of whether the funds were allotted to the State under section
2852
(b)(1) of this title or paragraph (1) or (2) of section
2862
(b) of this title) to carry out other statewide employment and training activities, which shall include—
(i)
disseminating the State list of eligible providers of training services, including eligible providers of nontraditional training services, information identifying eligible providers of on-the-job training and customized training, and performance information and program cost information, as described in subsections (e) and (h) of section
2842 of this title;
(ii)
conducting evaluations, under section
2871
(e) of this title, of activities authorized in this section, in coordination with the activities carried out under section
2917 of this title;
(iii)
providing incentive grants to local areas for regional cooperation among local boards (including local boards for a designated region as described in section
2831
(c) of this title), for local coordination of activities carried out under this Act, and for exemplary performance by local areas on the local performance measures;
(3)
Allowable statewide employment and training activities
(A)
In general
A State may use funds reserved as described in sections
2853
(a) and
2863
(a)(1) of this title (regardless of whether the funds were allotted to the State under section
2852
(b)(1) of this title or paragraph (1) or (2) of section
2862
(b) of this title) to carry out additional statewide employment and training activities, which may include—
(i)
subject to subparagraph (B), administration by the State of the activities authorized under this section;
(ii)
provision of capacity building and technical assistance to local areas, one-stop operators, one-stop partners, and eligible providers, including the development and training of staff and the development of exemplary program activities;
(iv)
(v)
support for the identification of eligible providers of training services as required under section
2842 of this title;
(vi)
(I)
implementation of innovative programs for displaced homemakers, which for purposes of this subclause may include an individual who is receiving public assistance and is within 2 years of exhausting lifetime eligibility under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); and
(B)
Limitation
(i)
In general
Of the funds allotted to a State under sections
2852
(b) and
2862
(b) of this title and reserved as described in sections
2853
(a) and
2863
(a)(1) of this title for a fiscal year—
may be used by the State for the administration of youth activities carried out under section
2854 of this title and employment and training activities carried out under this section.
(ii)
Use of funds
Funds made available for administrative costs under clause (i) may be used for the administrative cost of any of the statewide youth activities or statewide employment and training activities, regardless of whether the funds were allotted to the State under section
2852
(b)(1) of this title or paragraph (1) or (2) of section
2862
(b) of this title.
(b)
Local employment and training activities
Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section
2863
(b) of this title, and funds allocated to a local area for dislocated workers under section
2863
(b)(2)(B) of this title—
(c)
Establishment of one-stop delivery system
(1)
In general
There shall be established in a State that receives an allotment under section
2862
(b) of this title a one-stop delivery system, which—
(B)
shall provide access to intensive services and training services as described in paragraphs (3) and (4) of subsection (d) of this section, including serving as the point of access to individual training accounts for training services to participants in accordance with subsection (d)(4)(G) of this section;
(C)
shall provide access to the activities carried out under subsection (e) of this section, if any;
(2)
One-stop delivery
At a minimum, the one-stop delivery system—
(A)
shall make each of the programs, services, and activities described in paragraph (1) accessible at not less than one physical center in each local area of the State; and
(B)
may also make programs, services, and activities described in paragraph (1) available—
(i)
through a network of affiliated sites that can provide one or more of the programs, services, and activities to individuals; and
(ii)
through a network of eligible one-stop partners—
(d)
Required local employment and training activities
(1)
In general
(A)
Allocated funds
Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section
2863
(b) of this title, and funds allocated to the local area for dislocated workers under section
2863
(b)(2)(B) of this title, shall be used—
(ii)
to provide the core services described in paragraph (2) to adults and dislocated workers, respectively, through the one-stop delivery system in accordance with such paragraph;
(B)
Other funds
A portion of the funds made available under Federal law authorizing the programs and activities described in section
2841
(b)(1)(B) of this title, including the Wagner-Peyser Act (29 U.S.C. 49 et seq.), shall be used as described in clauses (i) and (ii) of subparagraph (A), to the extent not inconsistent with the Federal law involved.
(2)
Core services
Funds described in paragraph (1)(A) shall be used to provide core services, which shall be available to individuals who are adults or dislocated workers through the one-stop delivery system and shall, at a minimum, include—
(A)
determinations of whether the individuals are eligible to receive assistance under this subchapter;
(B)
outreach, intake (which may include worker profiling), and orientation to the information and other services available through the one-stop delivery system;
(E)
provision of employment statistics information, including the provision of accurate information relating to local, regional, and national labor market areas, including—
(F)
provision of performance information and program cost information on eligible providers of training services as described in section
2842 of this title, provided by program, and eligible providers of youth activities described in section
2843 of this title, providers of adult education described in title II [20 U.S.C. 9201 et seq.], providers of career and technical education activities at the postsecondary level, and career and technical education activities available to school dropouts, under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), and providers of vocational rehabilitation program activities described in title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.);
(G)
provision of information regarding how the local area is performing on the local performance measures and any additional performance information with respect to the one-stop delivery system in the local area;
(H)
provision of accurate information relating to the availability of supportive services, including child care and transportation, available in the local area, and referral to such services, as appropriate;
(3)
Intensive services
(A)
In general
Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section
2863
(b) of this title, and funds allocated to the local area for dislocated workers under section
2863
(b)(2)(B) of this title, shall be used to provide intensive services to adults and dislocated workers, respectively—
(B)
Delivery of services
Such intensive services shall be provided through the one-stop delivery system—
(C)
Types of services
Such intensive services may include the following:
(i)
Comprehensive and specialized assessments of the skill levels and service needs of adults and dislocated workers, which may include—
(4)
Training services
(A)
In general
Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section
2863
(b) of this title, and funds allocated to a local area for dislocated workers under section
2863
(b)(2)(B) of this title shall be used to provide training services to adults and dislocated workers, respectively—
(i)
who have met the eligibility requirements for intensive services under paragraph (3)(A) and who are unable to obtain or retain employment through such services;
(ii)
who after an interview, evaluation, or assessment, and case management, have been determined by a one-stop operator or one-stop partner, as appropriate, to be in need of training services and to have the skills and qualifications to successfully participate in the selected program of training services;
(B)
Qualification
(i)
Requirement
Except as provided in clause (ii), provision of such training services shall be limited to individuals who—
(ii)
Reimbursements
Training services may be provided under this paragraph to an individual who otherwise meets the requirements of this paragraph while an application for a Federal Pell Grant is pending, except that if such individual is subsequently awarded a Federal Pell Grant, appropriate reimbursement shall be made to the local area from such Federal Pell Grant.
(C)
Provider qualification
Training services shall be provided through providers identified in accordance with section
2842 of this title.
(D)
Training services
Training services may include—
(iii)
programs that combine workplace training with related instruction, which may include cooperative education programs;
(E)
Priority
In the event that funds allocated to a local area for adult employment and training activities under paragraph (2)(A) or (3) of section
2863
(b) of this title are limited, priority shall be given to recipients of public assistance and other low-income individuals for intensive services and training services. 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.
(F)
Consumer choice requirements
(i)
In general
Training services provided under this paragraph shall be provided in a manner that maximizes consumer choice in the selection of an eligible provider of such services.
(ii)
Eligible providers
Each local board, through one-stop centers referred to in subsection (c) of this section, shall make available—
(I)
the State list of eligible providers of training services required under section
2842
(e) of this title, with a description of the programs through which the providers may offer the training services, and the information identifying eligible providers of on-the-job training and customized training required under section
2842
(h) of this title; and
(II)
the performance information and performance cost information relating to eligible providers of training services described in subsections (e) and (h) of section
2842 of this title.
(iii)
Individual training accounts
An individual who seeks training services and who is eligible pursuant to subparagraph (A), may, in consultation with a case manager, select an eligible provider of training services from the list or identifying information for providers described in clause (ii)(I). Upon such selection, the one-stop operator involved shall, to the extent practicable, refer such individual to the eligible provider of training services, and arrange for payment for such services through an individual training account.
(G)
Use of individual training accounts
(i)
In general
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.
(ii)
Exceptions
Training services authorized under this paragraph may be provided pursuant to a contract for services in lieu of an individual training account if the requirements of subparagraph (F) are met and if—
(iii)
Linkage to occupations in demand
Training services provided under this paragraph shall be directly linked to occupations that are in demand in the local area, or in another area to which an adult or dislocated worker receiving such services is willing to relocate, except that 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.
(e)
Permissible local employment and training activities
(1)
Discretionary one-stop delivery activities
Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section
2863
(b) of this title, and funds allocated to the local area for dislocated workers under section
2863
(b)(2)(B) of this title, may be used to provide, through one-stop delivery described in subsection (c)(2) of this section—
(2)
Supportive services
Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section
2863
(b) of this title, and funds allocated to the local area for dislocated workers under section
2863
(b)(2)(B) of this title, may be used to provide supportive services to adults and dislocated workers, respectively—
(3)
Needs-related payments
(A)
In general
Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section
2863
(b) of this title, and funds allocated to the local area for dislocated workers under section
2863
(b)(2)(B) of this title, 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 (d)(4) of this section.
(B)
Additional eligibility requirements
In addition to the requirements contained in subparagraph (A), 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 was enrolled in the training services—