Part E - Adult and Dislocated Worker Employment and Training Activities

29 USC 2861 - General authorization

The Secretary shall make allotments under paragraphs (1)(B) and (2)(B) of section 2862 (b) of this title to each State that meets the requirements of section 2822 of this title and a grant to each outlying area that complies with the requirements of this chapter, to assist the State or outlying area, and to enable the State or outlying area to assist local areas, for the purpose of providing workforce investment activities for adults, and dislocated workers, in the State or outlying area and in the local areas.

29 USC 2862 - State allotments

(a) In general 
The Secretary shall
(1) make allotments and grants from the total amount appropriated under section 2872 (b) of this title for a fiscal year in accordance with subsection (b)(1) of this section; and
(2) 
(A) reserve 20 percent of the amount appropriated under section 2872 (c) of this title for a fiscal year for use under subsection (b)(2)(A) of this section, and under sections 2915 (b) (relating to dislocated worker technical assistance), 2916(d) (relating to dislocated worker projects), and 2918 (relating to national emergency grants, other than under subsection[1] (a)(4), (f), and (g)) of this title; and
(B) make allotments from 80 percent of the amount appropriated under section 2872 (c) of this title for a fiscal year in accordance with subsection (b)(2)(B) of this section.
(b) Allotment among States 

(1) Adult employment and training activities 

(A) Reservation for outlying areas 

(i) In general From the amount made available under subsection (a)(1) of this section for a fiscal year, the Secretary shall reserve not more than 1/4 of 1 percent to provide assistance to the outlying areas.
(ii) Applicability of additional requirements From the amount reserved under clause (i), the Secretary shall provide assistance to the outlying areas for adult employment and training activities and statewide workforce investment activities in accordance with the requirements of section 2852 (b)(1)(B) of this title, except that the reference in section 2852 (b)(1)(B)(i)(II) of this title to sections 252(d) and 262(a)(1) of the Job Training Partnership Act shall be deemed to be a reference to section 202(a)(1) of the Job Training Partnership Act (as in effect on the day before August 7, 1998).
(B) States 

(i) In general After determining the amount to be reserved under subparagraph (A), the Secretary shall allot the remainder of the amount referred to in subsection (a)(1) of this section for a fiscal year to the States pursuant to clause (ii) for adult employment and training activities and statewide workforce investment activities.
(ii) Formula Subject to clauses (iii) and (iv), of the remainder
(I) 331/3 percent shall be allotted on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each State, compared to the total number of unemployed individuals in areas of substantial unemployment in all States;
(II) 331/3 percent shall be allotted on the basis of the relative excess number of unemployed individuals in each State, compared to the total excess number of unemployed individuals in all States; and
(III) 331/3 percent shall be allotted on the basis of the relative number of disadvantaged adults in each State, compared to the total number of disadvantaged adults in all States, except as described in clause (iii).
(iii) Calculation In determining an allotment under clause (ii)(III) for any State in which there is a local area designated under section 2831 (a)(2)(B) of this title, the allotment shall be based on the higher of
(I) the number of adults in families with an income below the low-income level in such area; or
(II) the number of disadvantaged adults in such area.
(iv) Minimum and maximum percentages and minimum allotments In making allotments under this subparagraph, the Secretary shall ensure the following:
(I) Minimum percentage and allotment Subject to subclause (IV), the Secretary shall ensure that no State shall receive an allotment for a fiscal year that is less than the greater of
(aa) an amount based on 90 percent of the allotment percentage of the State for the preceding fiscal year; or
(bb) 100 percent of the allotment of the State under section 202 of the Job Training Partnership Act (as in effect on the day before August 7, 1998) for fiscal year 1998.
(II) Small State minimum allotment Subject to subclauses (I), (III), and (IV), the Secretary shall ensure that no State shall receive an allotment under this subparagraph that is less than the total of
(aa) 3/10 of 1 percent of $960,000,000 of the remainder described in clause (i) for the fiscal year; and
(bb) if the remainder described in clause (i) for the fiscal year exceeds $960,000,000, 2/5 of 1 percent of the excess.
(III) Maximum percentage Subject to subclause (I), the Secretary shall ensure that no State shall receive an allotment percentage for a fiscal year that is more than 130 percent of the allotment percentage of the State for the preceding fiscal year.
(IV) Minimum funding In any fiscal year in which the remainder described in clause (i) does not exceed $960,000,000, the minimum allotments under subclauses (I) and (II) shall be calculated by the methodology for calculating the corresponding allotments under part A of title II of the Job Training Partnership Act, as in effect on July 1, 1998.
(v) Definitions For the purpose of the formula specified in this subparagraph:
(I) Adult The term adult means an individual who is not less than age 22 and not more than age 72.
(II) Allotment percentage The term allotment percentage, used with respect to fiscal year 2000 or a subsequent fiscal year, means a percentage of the remainder described in clause (i) that is received through an allotment made under this subparagraph for the fiscal year. The term, used with respect to fiscal year 1998 or 1999, means the percentage of the amounts allotted to States under section 202(a) of the Job Training Partnership Act (as in effect on the day before August 7, 1998) that is received under such section by the State involved for fiscal year 1998 or 1999.
(III) Area of substantial unemployment The term area of substantial unemployment means any area that is of sufficient size and scope to sustain a program of workforce investment activities carried out under this subchapter and that has an average rate of unemployment of at least 6.5 percent for the most recent 12 months, as determined by the Secretary. For purposes of this subclause, determinations of areas of substantial unemployment shall be made once each fiscal year.
(IV) Disadvantaged adult Subject to subclause (V), the term disadvantaged adult means an adult who received an income, or is a member of a family that received a total family income, that, in relation to family size, does not exceed the higher of
(aa) the poverty line; or
(bb) 70 percent of the lower living standard income level.
(V) Disadvantaged adult special rule The Secretary shall, as appropriate and to the extent practicable, exclude college students and members of the Armed Forces from the determination of the number of disadvantaged adults.
(VI) Excess number The term excess number means, used with respect to the excess number of unemployed individuals within a State, the higher of
(aa) the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in the State; or
(bb) the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in areas of substantial unemployment in such State.
(2) Dislocated worker employment and training 

(A) Reservation for outlying areas 

(i) In general From the amount made available under subsection (a)(2)(A) of this section for a fiscal year, the Secretary shall reserve not more than 1/4 of 1 percent of the amount appropriated under section 2872 (c) of this title for the fiscal year to provide assistance to the outlying areas.
(ii) Applicability of additional requirements From the amount reserved under clause (i), the Secretary shall provide assistance to the outlying areas for dislocated worker employment and training activities and statewide workforce investment activities in accordance with the requirements of section 2852 (b)(1)(B) of this title, except that the reference in section 2852 (b)(1)(B)(i)(II) of this title to sections 252(a) and 262(a)(1) of the Job Training Partnership Act shall be deemed to be a reference to section 302(e) of the Job Training Partnership Act (as in effect on the day before August 7, 1998).
(B) States 

(i) In general The Secretary shall allot the amount referred to in subsection (a)(2)(B) of this section for a fiscal year to the States pursuant to clause (ii) for dislocated worker employment and training activities and statewide workforce investment activities.
(ii) Formula Of the amount
(I) 331/3 percent shall be allotted on the basis of the relative number of unemployed individuals in each State, compared to the total number of unemployed individuals in all States;
(II) 331/3 percent shall be allotted on the basis of the relative excess number of unemployed individuals in each State, compared to the total excess number of unemployed individuals in all States; and
(III) 331/3 percent shall be allotted on the basis of the relative number of individuals in each State who have been unemployed for 15 weeks or more, compared to the total number of individuals in all States who have been unemployed for 15 weeks or more.
(iii) Definition In this subparagraph, the term excess number means, used with respect to the excess number of unemployed individuals within a State, the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in the State.
(3) Definitions 
For the purpose of the formulas specified in this subsection:
(A) Freely Associated States 
The term Freely Associated States means the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.
(B) Low-income level 
The term low-income level means $7,000 with respect to income in 1969, and for any later year means that amount that bears the same relationship to $7,000 as the Consumer Price Index for that year bears to the Consumer Price Index for 1969, rounded to the nearest $1,000.
(c) Reallotment 

(1) In general 
The Secretary shall, in accordance with this subsection, reallot to eligible States amounts that are allotted under this section for employment and training activities and statewide workforce investment activities and that are available for reallotment.
(2) Amount 
The amount available for reallotment for a program year is equal to the amount by which the unobligated balance of the State allotments under this section for such activities, at the end of the program year prior to the program year for which the determination under this paragraph is made, exceeds 20 percent of such allotments for the prior program year.
(3) Reallotment 
In making reallotments to eligible States of amounts available pursuant to paragraph (2) for a program year, the Secretary shall allot to each eligible State an amount based on the relative amount allotted to such State under this section for such activities for the prior program year, as compared to the total amount allotted to all eligible States under this section for such activities for such prior program year.
(4) Eligibility 
For purposes of this subsection, an eligible State means a State that has obligated at least 80 percent of the State allotment under this section for such activities for the program year prior to the program year for which the determination under paragraph (2) is made.
(5) Procedures 
The Governor of each State shall prescribe uniform procedures for the obligation of funds by local areas within the State in order to avoid the requirement that funds be made available for reallotment under this subsection. The Governor shall further prescribe equitable procedures for making funds available from the State and local areas in the event that a State is required to make funds available for reallotment under this subsection.
[1] So in original. Probably should be “subsections”.

29 USC 2863 - Within State allocations

(a) Reservations for State activities 

(1) Statewide workforce investment activities 
The Governor of a State shall make the reservation required under section 2853 (a) of this title.
(2) Statewide rapid response activities 
The Governor of the State shall reserve not more than 25 percent of the total amount allotted to the State under section 2862 (b)(2)(B) of this title for a fiscal year for statewide rapid response activities described in section 2864 (a)(2)(A) of this title.
(b) Within State allocation 

(1) Methods 
The Governor, acting in accordance with the State plan, and after consulting with chief elected officials in the local areas, shall allocate
(A) the funds that are allotted to the State for adult employment and training activities and statewide workforce investment activities under section 2862 (b)(1)(B) of this title and are not reserved under subsection (a)(1) of this section, in accordance with paragraph (2) or (3); and
(B) the funds that are allotted to the State for dislocated worker employment and training activities under section 2862 (b)(2)(B) of this title and are not reserved under paragraph (1) or (2) of subsection (a) of this section, in accordance with paragraph (2).
(2) Formula allocations 

(A) Adult employment and training activities 

(i) Allocation In allocating the funds described in paragraph (1)(A) to local areas, a State may allocate
(I) 331/3 percent of the funds on the basis described in section 2862 (b)(1)(B)(ii)(I) of this title;
(II) 331/3 percent of the funds on the basis described in section 2862 (b)(1)(B)(ii)(II) of this title; and
(III) 331/3 percent of the funds on the basis described in clauses (ii)(III) and (iii) of section 2862 (b)(1)(B) of this title.
(ii) Minimum percentage Effective at the end of the second full fiscal year after the date on which a local area is designated under section 2831 of this title, the local area shall not receive an allocation percentage for a fiscal year that is less than 90 percent of the average allocation percentage of the local area for the 2 preceding fiscal years. Amounts necessary for increasing such allocations to local areas to comply with the preceding sentence shall be obtained by ratably reducing the allocations to be made to other local areas under this subparagraph.
(iii) Definition The term allocation percentage, used with respect to fiscal year 2000 or a subsequent fiscal year, means a percentage of the funds referred to in clause (i), received through an allocation made under this subparagraph, for the fiscal year.
(B) Dislocated worker employment and training activities 

(i) Formula In allocating the funds described in paragraph (1)(B) to local areas, a State shall allocate the funds based on an allocation formula prescribed by the Governor of the State. Such formula may be amended by the Governor not more than once for each program year. Such formula shall utilize the most appropriate information available to the Governor to distribute amounts to address the States worker readjustment assistance needs.
(ii) Information The information described in clause (i) shall include insured unemployment data, unemployment concentrations, plant closing and mass layoff data, declining industries data, farmer-rancher economic hardship data, and long-term unemployment data.
(C) Application 
For purposes of carrying out subparagraph (A)
(i) references in section 2862 (b) of this title to a State shall be deemed to be references to a local area;
(ii) references in section 2862 (b) of this title to all States shall be deemed to be references to all local areas in the State involved; and
(iii) except as described in clause (i), references in section 2862 (b)(1) of this title to the term excess number shall be considered to be references to the term as defined in section 2862 (b)(1) of this title.
(3) Adult employment and training discretionary allocations 
In lieu of making the allocation described in paragraph (2)(A), in allocating the funds described in paragraph (1)(A) to local areas, a State may distribute
(A) a portion equal to not less than 70 percent of the funds in accordance with paragraph (2)(A); and
(B) the remaining portion of the funds on the basis of a formula that
(i) incorporates additional factors (other than the factors described in paragraph (2)(A)) relating to
(I) excess poverty in urban, rural, and suburban local areas; and
(II) excess unemployment above the State average in urban, rural, and suburban local areas; and
(ii) was developed by the State board and approved by the Secretary as part of the State plan.
(4) Transfer authority 
A local board may transfer, if such a transfer is approved by the Governor, not more than 20 percent of the funds allocated to the local area under paragraph (2)(A) or (3), and 20 percent of the funds allocated to the local area under paragraph (2)(B), for a fiscal year between
(A) adult employment and training activities; and
(B) dislocated worker employment and training activities.
(5) Allocation 

(A) In general 
The Governor of the State shall allocate the funds described in paragraph (1) to local areas under paragraphs (2) and (3) for the purpose of providing a single system of employment and training activities for adults and dislocated workers in accordance with subsections (d) and (e) of section 2864 of this title.
(B) Additional requirements 

(i) Adults Funds allocated under paragraph (2)(A) or (3) shall be used by a local area to contribute proportionately to the costs of the one-stop delivery system described in section 2864 (c) of this title in the local area, and to pay for employment and training activities provided to adults in the local area, consistent with section 2864 of this title.
(ii) Dislocated workers Funds allocated under paragraph (2)(B) shall be used by a local area to contribute proportionately to the costs of the one-stop delivery system described in section 2864 (c) of this title in the local area, and to pay for employment and training activities provided to dislocated workers in the local area, consistent with section 2864 of this title.
(c) Reallocation among local areas 

(1) In general 
The Governor may, in accordance with this subsection, reallocate to eligible local areas within the State amounts that are allocated under paragraph (2)(A) or (3) of subsection (b) of this section for adult employment and training activities and that are available for reallocation.
(2) Amount 
The amount available for reallocation for a program year is equal to the amount by which the unobligated balance of the local area allocation under paragraph (2)(A) or (3) of subsection (b) of this section for such activities, at the end of the program year prior to the program year for which the determination under this paragraph is made exceeds 20 percent of such allocation for the prior program year.
(3) Reallocation 
In making reallocations to eligible local areas of amounts available pursuant to paragraph (2) for a program year, the Governor shall allocate to each eligible local area within the State an amount based on the relative amount allocated to such local area under subsection (b)(3) of this section for such activities for the prior program year, as compared to the total amount allocated to all eligible local areas in the State under subsection (b)(3) of this section for such activities for such prior program year. For purposes of this paragraph, local areas that received allocations under subsection (b)(2)(A) of this section for the prior program year shall be treated as if the local areas received allocations under subsection (b)(3) of this section for such year.
(4) Eligibility 
For purposes of this subsection, an eligible local area means a local area that has obligated at least 80 percent of the local area allocation under paragraph (2)(A) or (3) of subsection (b) of this section for such activities, for the program year prior to the program year for which the determination under paragraph (2) is made.

29 USC 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
(B) as described in sections 2853 (a) and 2863 (a)(1) of this title
(i) shall be used to carry out the statewide employment and training activities described in paragraph (2)(B); and
(ii) may be used to carry out any of the statewide employment and training activities described in paragraph (3),

regardless of whether the funds were allotted to the State under section 2852 (b)(1) of this title or under paragraph (1) or (2) of section 2862 (b) of this title.

(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;
(iv) providing technical assistance to local areas that fail to meet local performance measures;
(v) assisting in the establishment and operation of one-stop delivery systems described in subsection (c) of this section; and
(vi) operating a fiscal and management accountability information system under section 2871 (f) of this title.
(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;
(iii) conduct of research and demonstrations;
(iv) 
(I) implementation of innovative incumbent worker training programs, which may include the establishment and implementation of an employer loan program to assist in skills upgrading; and
(II) the establishment and implementation of programs targeted to empowerment zones and enterprise communities;
(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
(II) implementation of programs to increase the number of individuals training for and placed in nontraditional employment; and
(vii) carrying out other activities authorized in this section that the State determines to be necessary to assist local areas in carrying out activities described in subsection (d) or (e) of this section through the statewide workforce investment system.
(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
(I) not more than 5 percent of the amount allotted under section 2852 (b)(1) of this title;
(II) not more than 5 percent of the amount allotted under section 2862 (b)(1) of this title; and
(III) not more than 5 percent of the amount allotted under section 2862 (b)(2) of this title,

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
(1) shall be used to carry out employment and training activities described in subsection (d) of this section for adults or dislocated workers, respectively; and
(2) may be used to carry out employment and training activities described in subsection (e) of this section for adults or dislocated workers, respectively.
(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
(A) shall provide the core services described in subsection (d)(2) of this section;
(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;
(D) shall provide access to programs and activities carried out by one-stop partners and described in section 2841 (b) of this title; and
(E) shall provide access to the information described in section 15 of the Wagner-Peyser Act [29 U.S.C. 49l–2] and all job search, placement, recruitment, and other labor exchange services authorized under the Wagner-Peyser Act (29 U.S.C. 49 et seq.).
(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
(I) in which each partner provides one or more of the programs, services, and activities to such individuals and is accessible at an affiliated site that consists of a physical location or an electronically or technologically linked access point; and
(II) that assures individuals that information on the availability of the core services will be available regardless of where the individuals initially enter the statewide workforce investment system, including information made available through an access point described in subclause (I).
(3) Specialized centers 
The centers and sites described in paragraph (2) may have a specialization in addressing special needs, such as the needs of dislocated workers.
(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
(i) to establish a one-stop delivery system described in subsection (c) of this section;
(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;
(iii) to provide the intensive services described in paragraph (3) to adults and dislocated workers, respectively, described in such paragraph; and
(iv) to provide training services described in paragraph (4) to adults and dislocated workers, respectively, described in 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;
(C) initial assessment of skill levels, aptitudes, abilities, and supportive service needs;
(D) job search and placement assistance, and where appropriate, career counseling;
(E) provision of employment statistics information, including the provision of accurate information relating to local, regional, and national labor market areas, including
(i) job vacancy listings in such labor market areas;
(ii) information on job skills necessary to obtain the jobs described in clause (i); and
(iii) information relating to local occupations in demand and the earnings and skill requirements for such occupations; and
(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;
(I) provision of information regarding filing claims for unemployment compensation;
(J) assistance in establishing eligibility for
(i) welfare-to-work activities authorized under section 403(a)(5) of the Social Security Act [42 U.S.C. 603 (a)(5)] (as added by section 5001 of the Balanced Budget Act of 1997) available in the local area; and
(ii) programs of financial aid assistance for training and education programs that are not funded under this Act and are available in the local area; and
(K) followup services, including counseling regarding the workplace, for participants in workforce investment activities authorized under this subchapter who are placed in unsubsidized employment, for not less than 12 months after the first day of the employment, 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
(i) 
(I) who are unemployed and are unable to obtain employment through core services provided under paragraph (2); and
(II) who have been determined by a one-stop operator to be in need of more intensive services in order to obtain employment; or
(ii) who are employed, but who are determined by a one-stop operator to be in need of such intensive services in order to obtain or retain employment that allows for self-sufficiency.
(B) Delivery of services 
Such intensive services shall be provided through the one-stop delivery system
(i) directly through one-stop operators identified pursuant to section 2841 (d) of this title; or
(ii) through contracts with service providers, which may include contracts with public, private for-profit, and private nonprofit">nonprofit service providers, approved by the local board.
(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
(I) diagnostic testing and use of other assessment tools; and
(II) in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals.
(ii) Development of an individual employment plan, to identify the employment goals, appropriate achievement objectives, and appropriate combination of services for the participant to achieve the employment goals.
(iii) Group counseling.
(iv) Individual counseling and career planning.
(v) Case management for participants seeking training services under paragraph (4).
(vi) Short-term prevocational services, including development of learning skills, communication skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct, to prepare individuals for unsubsidized employment or training.
(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;
(iii) who select programs of training services that are directly linked to the employment opportunities in the local area involved or in another area in which the adults or dislocated workers receiving such services are willing to relocate;
(iv) who meet the requirements of subparagraph (B); and
(v) who are determined to be eligible in accordance with the priority system, if any, in effect under subparagraph (E).
(B) Qualification 

(i) Requirement Except as provided in clause (ii), provision of such training services shall be limited to individuals who
(I) are unable to obtain other grant assistance for such services, including Federal Pell Grants established under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq. [and 42 U.S.C. 2751 et seq.]); or
(II) require assistance beyond the assistance made available under other grant assistance programs, including Federal Pell Grants.
(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
(i) occupational skills training, including training for nontraditional employment;
(ii) on-the-job training;
(iii) programs that combine workplace training with related instruction, which may include cooperative education programs;
(iv) training programs operated by the private sector;
(v) skill upgrading and retraining;
(vi) entrepreneurial training;
(vii) job readiness training;
(viii) adult education and literacy activities provided in combination with services described in any of clauses (i) through (vii); and
(ix) customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training.
(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
(I) such services are on-the-job training provided by an employer or customized training;
(II) the local board determines there are an insufficient number of eligible providers of training services in the local area involved (such as in a rural area) to accomplish the purposes of a system of individual training accounts; or
(III) the local board determines that there is a training services program of demonstrated effectiveness offered in the local area by a community-based organization or another private organization to serve special participant populations that face multiple barriers to employment.
(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.
(iv) Definition In this subparagraph, the term special participant population that faces multiple barriers to employment means a population of low-income individuals that is included in one or more of the following categories:
(I) Individuals with substantial language or cultural barriers.
(II) Offenders.
(III) Homeless individuals.
(IV) Other hard-to-serve populations as defined by the Governor involved.
(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
(A) customized screening and referral of qualified participants in training services described in subsection (d)(4) of this section to employment; and
(B) customized employment-related services to employers on a fee-for-service basis.
(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
(A) who are participating in programs with activities authorized in any of paragraphs (2), (3), or (4) of subsection (d) of this section; and
(B) who are unable to obtain such supportive services through other programs providing such services.
(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
(i) by the end of the 13th week after the most recent layoff that resulted in a determination of the workers eligibility for employment and training activities for dislocated workers under this subchapter; or
(ii) if later, by the end of the 8th week after the worker is informed that a short-term layoff will exceed 6 months.
(C) Level of payments 
The level of a needs-related payment made to a dislocated worker under this paragraph shall not exceed the greater of
(i) the applicable level of unemployment compensation; or
(ii) if such worker did not qualify for unemployment compensation, an amount equal to the poverty line, for an equivalent period, which amount shall be adjusted to reflect changes in total family income.