Employment and Training Administration

Employment and Training Administration Training and Employment Services For necessary expenses of the Workforce Investment Act of 1998 (“WIA”), the Denali Commission Act of 1998, and the Women in Apprenticeship and Non-Traditional Occupations Act of 1992, including the purchase and hire of passenger motor vehicles, the construction, alteration, and repair of buildings and other facilities, and the purchase of real property for training centers as authorized by the WIA; $3,626,448,000, plus reimbursements, shall be available. Of the amounts provided:(1) for grants to States for adult employment and training activities, youth activities, and dislocated worker employment and training activities, $2,969,449,000 as follows:(A) $861,540,000 for adult employment and training activities, of which $149,540,000 shall be available for the period July 1, 2009, through June 30, 2010, and of which $712,000,000 shall be available for the period October 1, 2009 through June 30, 2010;(B) $924,069,000 for youth activities, which shall be available for the period April 1, 2009 through June 30, 2010; and(C) $1,183,840,000 for dislocated worker employment and training activities, of which $335,840,000 shall be available for the period July 1, 2009 through June 30, 2010, and of which $848,000,000 shall be available for the period October 1, 2009 through June 30, 2010:Provided, That notwithstanding the transfer limitation under section 133(b)(4) of the WIA, up to 30 percent of such funds may be transferred by a local board if approved by the Governor;(2) for federally administered programs, $489,429,000 as follows:(A) $283,051,000 for the dislocated workers assistance national reserve, of which $71,051,000 shall be available for the period July 1, 2009 through June 30, 2010, and of which $212,000,000 shall be available for the period October 1, 2009 through June 30, 2010: Provided, That up to $125,000,000 may be made available for Community-123 STAT. 751 Based Job Training grants from funds reserved under section 132(a)(2)(A) of the WIA and shall be used to carry out such grants under section 171(d) of such Act, except that the 10 percent limitation otherwise applicable to the amount of funds that may be used to carry out section 171(d) shall not be applicable to funds used for Community-Based Job Training grants: Provided further, That funds provided to carry out section 132(a)(2)(A) of the WIA may be used to provide assistance to a State for State-wide or local use in order to address cases where there have been worker dislocations across multiple sectors or across multiple local areas and such workers remain dislocated; coordinate the State workforce development plan with emerging economic development needs; and train such eligible dislocated workers: Provided further, That funds provided to carry out section 171(d) of the WIA may be used for demonstration projects that provide assistance to new entrants in the workforce and incumbent workers;(B) $52,758,000 for Native American programs, which shall be available for the period July 1, 2009 through June 30, 2010;(C) $82,620,000 for migrant and seasonal farmworker programs under section 167 of the WIA, including $76,710,000 for formula grants (of which not less that 70 percent shall be for employment and training services), $5,400,000 for migrant and seasonal housing (of which not less than 70 percent shall be for permanent housing), and $510,000 for other discretionary purposes, which shall be available for the period July 1, 2009 through June 30, 2010: Provided, That notwithstanding any other provision of law or related regulation, the Department of Labor shall take no action limiting the number or proportion of eligible participants receiving related assistance services or discouraging grantees from providing such services;(D) $1,000,000 for carrying out the Women in Apprenticeship and Nontraditional Occupations Act, which shall be available for the period July 1, 2009 through June 30, 2010; and(E) $70,000,000 for YouthBuild activities as described in section 173A of the WIA, which shall be available for the period April 1, 2009 through June 30, 2010: Provided, That for program years 2008 and 2009, the YouthBuild program may serve an individual who has dropped out of high school and re-enrolled in an alternative school, if that re-enrollment is part of a sequential service strategy;(3) for national activities, $167,570,000, as follows:(A) $48,781,000 for Pilots, Demonstrations, and Research, which shall be available for the period April 1, 2009 through June 30, 2010, of which $5,000,000 shall be for competitive grants to address the employment and training needs of young parents (notwithstanding the requirements of section 171(b)(2)(B) or 171(c)(4)(D) of the WIA), and of which $41,324,000 shall be used for the projects, and in the amounts, specified under the heading “Training and Employment Services” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That funding 123 STAT. 752 provided to carry out such projects shall not be subject to the requirements of sections 171(b)(2)(B) and 171(c)(4)(D) of the WIA, the joint funding requirements of sections 171(b)(2)(A) and 171(c)(4)(A) of the WIA, or any time limit requirements of sections 171(b)(2)(C) and 171(c)(4)(B) of the WIA;(B) $108,493,000 for ex-offender activities, under the authority of section 171 of the WIA, which shall be available for the period April 1, 2009 through June 30, 2010, notwithstanding the requirements of section 171(b)(2)(B) or 171(c)(4)(D): Provided, That not less than $88,500,000 shall be for youthful offender activities, of which $35,000,000 shall be for a program of competitive grants to local educational agencies or community-based organizations to develop and implement mentoring strategies that integrate educational and employment interventions designed to prevent youth violence in schools identified as persistently dangerous under section 9532 of the Elementary and Secondary Education Act;(C) $6,918,000 for Evaluation, which shall be available for the period July 1, 2009 through June 30, 2010; and(D) $3,378,000 for the Denali Commission, which shall be available for the period July 1, 2009 through June 30, 2010. Community Service Employment for Older Americans To carry out title V of the Older Americans Act of 1965, $571,925,000, which shall be available for the period July 1, 2009 through June 30, 2010: Provided, That funds made available under this heading in this Act may, in accordance with section 517(c) of the Older Americans Act of 1965, be recaptured and reobligated. Federal Unemployment Benefits and Allowances For payments during fiscal year 2009 of trade adjustment benefit payments and allowances under part I of subchapter B of chapter 2 of title II of the Trade Act of 1974, and section 246 of that Act; and for training, employment and case management services, allowances for job search and relocation, and related State administrative expenses under part II of subchapter B of chapter 2 of title II of the Trade Act of 1974, $958,800,000, together with such amounts as may be necessary to be charged to the subsequent appropriation for payments for any period subsequent to September 15, 2009. State Unemployment Insurance and Employment Service Operations For authorized administrative expenses, $91,698,000, together with not to exceed $3,563,167,000 which may be expended from the Employment Security Administration Account in the Unemployment Trust Fund (“the Trust Fund”), of which:(1) $2,782,145,000 from the Trust Fund is for grants to States for the administration of State unemployment insurance laws as authorized under title III of the Social Security Act (including $10,000,000 to conduct in-person reemployment and eligibility assessments and unemployment insurance improper 123 STAT. 753 payment reviews), the administration of unemployment insurance for Federal employees and for ex-service members as authorized under 5 U.S.C. 8501–8523, and the administration of trade readjustment allowances and alternative trade adjustment assistance under the Trade Act of 1974, and shall be available for obligation by the States through December 31, 2009, except that funds used for automation acquisitions shall be available for obligation by the States through September 30, 2011, and funds used for unemployment insurance workloads experienced by the States through September 30, 2009 shall be available for Federal obligation through December 31, 2009;(2) $11,310,000 from the Trust Fund is for national activities necessary to support the administration of the Federal-State unemployment insurance system;(3) $680,893,000 from the Trust Fund, together with $22,683,000 from the General Fund of the Treasury, is for grants to States in accordance with section 6 of the Wagner-Peyser Act, and shall be available for Federal obligation for the period July 1, 2009 through June 30, 2010;(4) $20,869,000 from the Trust Fund is for national activities of the Employment Service, including administration of the work opportunity tax credit under section 51 of the Internal Revenue Code of 1986, and the provision of technical assistance and staff training under the Wagner-Peyser Act, including not to exceed $1,228,000 that may be used for amortization payments to States which had independent retirement plans in their State employment service agencies prior to 1980;(5) $67,950,000 from the Trust Fund is for the administration of foreign labor certifications and related activities under the Immigration and Nationality Act and related laws, of which $52,821,000 shall be available for the Federal administration of such activities, and $15,129,000 shall be available for grants to States for the administration of such activities;(6) $51,720,000 from the General Fund is to provide workforce information, national electronic tools, and one-stop system building under the Wagner-Peyser Act and section 171 (e)(2)(C) of the Workforce Investment Act of 1998 and shall be available for Federal obligation for the period July 1, 2009 through June 30, 2010; and(7) $17,295,000 from the General Fund is to provide for work incentive grants to the States and shall be available for the period July 1, 2009 through June 30, 2010:Provided, That to the extent that the Average Weekly Insured Unemployment (“AWIU”) for fiscal year 2009 is projected by the Department of Labor to exceed 3,487,000, an additional $28,600,000 from the Trust Fund shall be available for obligation for every 100,000 increase in the AWIU level (including a pro rata amount for any increment less than 100,000) to carry out title III of the Social Security Act: Provided further, That funds appropriated in this Act that are allotted to a State to carry out activities under title III of the Social Security Act may be used by such State to assist other States in carrying out activities under such title III if the other States include areas that have suffered a major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act: Provided further, That the Secretary of Labor may use funds appropriated for grants 123 STAT. 754 to States under title III of the Social Security Act to make payments on behalf of States for the use of the National Directory of New Hires under section 453(j)(8) of such Act: Provided further, That funds appropriated in this Act which are used to establish a national one-stop career center system, or which are used to support the national activities of the Federal-State unemployment insurance or immigration programs, may be obligated in contracts, grants, or agreements with non-State entities: Provided further, That funds appropriated under this Act for activities authorized under title III of the Social Security Act and the Wagner-Peyser Act may be used by States to fund integrated Unemployment Insurance and Employment Service automation efforts, notwithstanding cost allocation principles prescribed under the Office of Management and Budget Circular A–87: Provided further, That the Secretary, at the request of a State participating in a consortium with other States, may reallot funds allotted to such State under title III of the Social Security Act to other States participating in the consortium in order to carry out activities that benefit the administration of the unemployment compensation law of the State making the request. In addition, $40,000,000 from the Employment Security Administration Account of the Unemployment Trust Fund shall be available to conduct in-person reemployment and eligibility assessments and unemployment insurance improper payment reviews: Provided, That not later than June 30, 2010, the Secretary shall submit an interim report to the Congress that includes available information on expenditures, number of individuals assessed, and outcomes from the assessments: Provided further, That not later than June 30, 2011, the Secretary of Labor shall submit to the Congress a final report containing comprehensive information on the estimated savings that result from the assessments of claimants and identification of best practices. Advances to the Unemployment Trust Fund and Other Funds For repayable advances to the Unemployment Trust Fund as authorized by sections 905(d) and 1203 of the Social Security Act, and to the Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of the Internal Revenue Code of 1954; and for nonrepayable advances to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and to the “Federal unemployment benefits and allowances” account, to remain available through September 30, 2010, $422,000,000. In addition, for making repayable advances to the Black Lung Disability Trust Fund in the current fiscal year after September 15, 2009, for costs incurred by the Black Lung Disability Trust Fund in the current fiscal year, such sums as may be necessary. Program Administration For expenses of administering employment and training programs, $85,323,000, together with not to exceed $45,140,000, which may be expended from the Employment Security Administration Account in the Unemployment Trust Fund.123 STAT. 755