Library / Laws / 113th / s / S. 1383 / Introduced in Senate
II
113th CONGRESS
1st Session
S. 1383
IN THE SENATE OF THE UNITED
STATES
July 29, 2013
Mr. Blumenthal (for
himself, Mrs. Gillibrand, and
Mr. Murphy) introduced the following
bill; which was read twice and referred to the
Committee on Health, Education, Labor,
and Pensions
A BILL
To provide subsidized employment for
unemployed, low-income adults, provide summer employment and year-round
employment opportunities for low-income youth, and carry out work-related and
educational strategies and activities of demonstrated effectiveness, and for
other purposes.
1.
Short title
This Act may be cited as the
Pathways Back to Work Act of
2013.
2.
Establishment of Pathways Back to Work
Fund
(a)
Establishment
There is established in the Treasury of the
United States an account, which shall be known as the Pathways Back to Work
Fund (referred to in this Act as the Fund), consisting of such
amounts as are paid to the Fund under subsection (b).
(b)
Payment into the fund
Out of any amounts in the general fund of
the Treasury not otherwise appropriated, there is appropriated $12,500,000,000,
which shall be paid to the Fund, to be used by the Secretary of Labor to carry
out this Act.
(c)
Period of availability
The amounts appropriated under this Act
shall be available for obligation by the Secretary of Labor through December
31, 2014, and shall be available for expenditure by recipients of grants and
subgrants under this Act through September 30, 2015.
3.
Availability of funds
(a)
In general
Using the amounts available through the
Fund under section 2(b), the Secretary of Labor shall, subject to subsection
(b)—
(1) allot $8,000,000,000 in accordance with
section 4 to provide subsidized employment to unemployed, low-income
adults;
(2) allot $2,500,000,000 in accordance with
section 5 to provide summer employment and year-round employment opportunities
to low-income youth; and
(3) use $2,000,000,000 in accordance with
section 6 to award grants on a competitive basis to local entities to carry out
work-based training and other work-related and educational strategies and
activities of demonstrated effectiveness to unemployed, low-income adults and
low-income youth to provide the skills and assistance needed to obtain
employment.
(b)
Reservation
The Secretary of Labor may reserve not more
than 1 percent of the amounts available through the Fund under each of
paragraphs (1) through (3) of subsection (a) to pay for the costs of technical
assistance, evaluations, and Federal administration of this Act.
4.
Subsidized employment for unemployed,
low-income adults
(a)
In general
(1)
Allotments
From the funds available under section
3(a)(1), the Secretary of Labor shall make an allotment or provide assistance
under subsection (b) to each State that has a State plan approved under
subsection (c) and to each outlying area and recipient under section 166(c) of
the Workforce Investment Act of 1998 (29 U.S.C. 2911(c)) that meets the
requirements of this section, for the purpose of providing subsidized
employment opportunities to unemployed, low-income adults.
(2)
Guidance
Not later than 30 days after the date of
enactment of this Act, the Secretary of Labor, in coordination with the
Secretary of Health and Human Services, shall issue guidance regarding the
implementation of this section. Such guidance shall, consistent with this
section, include procedures for the submission and approval of State and local
plans and the allotment and allocation of funds, including reallotment and
reallocation of such funds, that promote the expeditious and effective
implementation of the activities authorized under this section.
(b)
State allotments
(1)
Reservations for outlying areas and
tribes
Of the funds described
in subsection (a)(1), the Secretary of Labor shall reserve—
(A) not more than 1/4 of 1
percent to provide assistance to outlying areas to provide subsidized
employment to unemployed, low-income adults; and
(B) 1.5 percent to provide assistance to
recipients under section 166(c) of the Workforce Investment Act of 1998 (29
U.S.C. 2911(c)) to provide subsidized employment to unemployed, low-income
adults.
(2)
States
After determining the amounts to be
reserved under section 3(b) and paragraph (1), the Secretary of Labor shall
allot the remainder of the funds described in subsection (a)(1) among the
States by allotting—
(A) one-third 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;
(B) one-third 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
(C) one-third on the basis of the relative
number of disadvantaged adults and youth in each State, compared to the total
number of disadvantaged adults and youth in all States.
(3)
Definitions
For purposes of the formula described in
paragraph (2)—
(A)
Area of substantial
unemployment
The term
area of substantial unemployment means any contiguous area that
has a population of at least 10,000, 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 of Labor.
(B)
Disadvantaged adult or youth
The term disadvantaged adult or
youth means an individual who is age 16 or older 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—
(i) the poverty line; or
(ii) 70 percent of the lower living standard
income level.
(C)
Excess number
The term excess number means,
used with respect to unemployed individuals in a State, the higher of—
(i) the number that represents the number of
unemployed individuals in excess of 4.5 percent of the civilian labor force in
the State; or
(ii) 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.
(4)
Reallotment
If the Governor of a State does not submit
a State plan by the date specified in subsection (c)(2)(B), or a State does not
receive approval of a State plan, the amount the State would have been eligible
to receive pursuant to the formula under paragraph (2) shall be transferred
within the Fund and added to the amounts available for competitive grants under
section 3(a)(3).
(c)
State plan
(1)
In general
For a State to be eligible to receive an
allotment of funds under subsection (b), the Governor of the State shall submit
to the Secretary of Labor a State plan in such form and containing such
information as the Secretary may require. At a minimum, such plan shall
include—
(A) a description of the strategies and
activities to be carried out by the State, in coordination with employers in
the State, to provide subsidized employment opportunities to unemployed,
low-income adults, including strategies relating to the level and duration of
subsidies consistent with subsection (e)(2);
(B) a description of the requirements the State
will apply relating to the eligibility of unemployed, low-income adults,
consistent with section 8, for subsidized employment opportunities, which
requirements may include criteria to target assistance to particular categories
of such adults, such as individuals with disabilities or individuals who have
exhausted all rights to unemployment compensation;
(C) a description of how the funds allotted to
provide subsidized employment opportunities will be administered in the State
and (if administered by entities described in subsection (d)(1)(A)) in local
workforce investment areas, in accordance with subsection (d);
(D) a description of the performance outcomes
to be achieved by the State through the activities carried out under this
section and the processes the State will use to track the performance,
consistent with guidance provided by the Secretary of Labor regarding such
outcomes and processes and with section 7(b);
(E) a description of the coordination of
activities to be carried out with the funds provided under this section, with
activities under title I of the Workforce Investment Act of 1998 (29 U.S.C.
2801 et seq.), the program of block grants to States for temporary assistance
for needy families established under part A of title IV of the Social Security
Act (referred to in this Act as the TANF program; 42 U.S.C. 601
et seq.), and other appropriate Federal and State programs that may assist
unemployed, low-income adults in obtaining and retaining employment;
(F) a description of the timelines for
implementation of the activities described in subparagraph (A), and the number
of unemployed, low-income adults expected to be placed in subsidized employment
by calendar quarter;
(G) assurances that the State will report such
information relating to fiscal, performance, and other matters as the Secretary
of Labor may require and as the Secretary determines is necessary to
effectively monitor the activities carried out under this section; and
(H) assurances that the State will ensure
compliance with the requirements, restrictions, labor standards, and other
provisions described in section 7(a).
(2)
Submission and approval of State
plan
(A)
Submission with other plans
The State plan described in paragraph (1)
may be submitted in conjunction with the State plan modification or other
request for funds by the State required under section 5, and may be submitted
as a modification to a State plan that has been approved under section 112 of
the Workforce Investment Act of 1998 (29 U.S.C. 2822).
(B)
Submission and approval
(i)
Submission
The Governor shall submit the State plan
described in paragraph (1) to the Secretary of Labor not later than 75 days
after the date of enactment of this Act and the Secretary shall make a
determination regarding the approval or disapproval of such plan not later than
45 days after the submission of such plan. If the plan is disapproved, the
Secretary may provide a reasonable period of time in which the plan may be
amended and resubmitted for approval.
(ii)
Approval
The Secretary of Labor shall approve a
State plan that the Secretary determines is consistent with the requirements of
this section and reasonably appropriate and adequate to carry out the
objectives of this section. If the plan is approved, the Secretary shall allot
funds to the State under subsection (b) within 30 days after such
approval.
(3)
Modifications to State plan
The Governor may submit a modification to a
State plan under this subsection, consistent with the requirements of this
section.
(d)
Administration within the State
(1)
Option
The State may administer the funds for
activities under this section through—
(A) the State and local entities responsible
for the administration of the formula program of workforce investment
activities for adults under subtitle B of title I of the Workforce Investment
Act of 1998 (29 U.S.C. 2811 et seq.);
(B) the State agency or agencies responsible
for the administration of the TANF program; or
(C) a combination of the entities and agency or
agencies described in subparagraphs (A) and (B).
(2)
Within-State allocations
(A)
Allocation of funds
The Governor may reserve not more than 5
percent of the funds made available through the allotment under subsection
(b)(2), for administration and technical assistance, and shall allocate the
remainder, in accordance with the option elected under paragraph (1)—
(i) among local workforce investment areas
within the State in accordance with subparagraphs (A), (B), and (C) of
subsection (b)(2), except that for purposes of such allocation references in
paragraph (2) or (3) of subsection (b)to a State shall be deemed to be
references to a local workforce investment area and references to all States
shall be deemed to be references to all local workforce investment areas in the
State involved; or
(ii) through entities responsible for the
administration of the TANF program in local areas, in such manner as the State
agency or agencies responsible for the administration of the TANF program may
determine to be appropriate.
(B)
Local plans
(i)
In general
In a case in which the responsibility for
the administration of the activities described in subsection (e) is to be
carried out by the entities described in paragraph (1)(A), in order to receive
an allocation for a local workforce investment area under subparagraph (A)(i),
a local workforce investment board, in partnership with the chief elected
official for the local workforce investment area, shall submit to the Governor,
not later than 30 days after the submission of the State plan, a local plan for
the use of such funds under this section. Such local plan may be submitted as a
modification to a local plan approved under section 118 of the Workforce
Investment Act of 1998 (29 U.S.C. 2833).
(ii)
Contents
The local plan described in clause (i)
shall contain the information described in subparagraphs (A) through (H) of
subsection (c)(1), as applied to the local workforce investment area.
(iii)
Approval
The Governor shall approve or disapprove
the local plan submitted under clause (i) not later than a date (referred to in
this clause as the final determination date) that is the later
of the 30th day after the submission of the local plan or the 30th day after
the approval of the State plan. The Governor shall approve the local plan
unless the Governor determines that the plan is inconsistent with the
requirements of this section or is not reasonably appropriate and adequate to
carry out the objectives of this section. If the Governor has not made a
determination by the final determination date, the plan shall be considered to
be approved. If the plan is disapproved, the Governor may provide a reasonable
period of time in which the plan may be amended and resubmitted for approval.
If the plan is approved, the Governor shall allocate funds to the local
workforce investment area involved under subparagraph (A)(i) within 30 days
after such approval.
(C)
Reallocation of funds to local workforce
investment areas
In a case
described in subparagraph (B)(i), if a local workforce investment board and
chief elected official do not submit a local plan by the date specified in
subparagraph (B)(i), or the Governor disapproves a local plan, the amount the
local workforce investment area would have been eligible to receive pursuant to
the formula under subparagraph (A)(i) shall be allocated to local workforce
investment areas that receive approval of their local plans under subparagraph
(B). Each such local workforce investment area shall receive a share of the
total amount available for reallocation under this subparagraph, in accordance
with the area's share of the total amount allocated under subparagraph (A)(i)
to such local workforce investment areas.
(e)
Use of funds
(1)
In general
The funds made available under this section
shall be used to provide subsidized employment for unemployed, low-income
adults. The entities or agencies described in subsection (d)(1) may use a
variety of strategies in recruiting employers and identifying appropriate
employment opportunities, but shall give priority to providing employment
opportunities likely to lead to unsubsidized employment in emerging or
in-demand occupations in the area served through the grant involved. Funds made
available under this section may be used to provide support services, such as
transportation and child care, that are necessary to enable such adults to
participate in subsidized employment opportunities.
(2)
Level of subsidy and duration
The entities or agencies described in
subsection (d)(1) may determine the percentage of the wages and costs of
employing a participant for which an employer may receive a subsidy with the
funds made available under this section, and the duration of such subsidy, in
accordance with guidance issued by the Secretary of Labor in coordination with
the Secretary of Health and Human Services. The entities or agencies may
establish criteria for determining such percentage or duration, using
appropriate factors such as the size of the employer and type of
employment.
(3)
Limitation
Not more than 10 percent of the funds
allocated to a local workforce investment area under subsection (d)(2)(A)(i)
may be used for the costs of administration of this section.
(f)
Coordination of Federal
administration
The Secretary
of Labor shall administer this section in coordination with the Secretary of
Health and Human Services to ensure the effective implementation of this
section.
5.
Summer employment and year-round employment
opportunities for low-income and disconnected youth
(a)
In general
From the funds available under section
3(a)(2), the Secretary of Labor shall make an allotment or provide assistance
under subsection (c) to each State that has a modification to a State plan
approved under section 112 of the Workforce Investment Act of 1998 (29 U.S.C.
2822) (referred to in this section as a State plan modification)
(or other State request for funds specified in guidance under subsection (b))
approved under subsection (d) and to each outlying area and recipient under
section 166(c) of the Workforce Investment Act of 1998 (29 U.S.C. 2911(c))
(referred to in this section as a Native American grantee) that
meets the requirements of this section, for the purpose of providing summer
employment and year-round employment opportunities to low-income youth.
(b)
Guidance and application of
requirements
(1)
Guidance
Not later than 20 days after the date of
enactment of this Act, the Secretary of Labor shall issue guidance regarding
the implementation of this section.
(2)
Procedures
Such guidance shall, consistent with this
section, include procedures for—
(A) submission and approval for State plan
modifications, for such other forms of requests for funds by the State as may
be identified in such guidance, for modifications to local plans approved under
section 118 of the Workforce Investment Act of 1998 (29 U.S.C. 2833) (referred
to individually in this section as a local plan modification),
or for such other forms of requests for funds by local workforce investment
areas as may be identified in such guidance, that promote the expeditious and
effective implementation of the activities authorized under this section;
and
(B) the allotment and allocation of funds,
including reallotment and reallocation of such funds, that promote such
implementation.
(3)
Requirements
Except as otherwise provided in the
guidance described in paragraph (1) and in this section and other provisions of
this Act, the funds provided for activities under this section shall be
administered in accordance with the provisions of subtitles B and E of title I
of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq., 2931 et seq.)
relating to youth activities.
(c)
State allotments
(1)
Reservations for outlying areas and
tribes
Of the funds described
in subsection (a), the Secretary of Labor shall reserve—
(A) not more than 1/4 of 1
percent to provide assistance to outlying areas to provide summer employment
and year-round employment opportunities to low-income youth; and
(B) 1.5 percent to provide assistance to Native
American grantees to provide summer employment and year-round employment
opportunities to low-income youth.
(2)
States
After determining the amounts to be
reserved under section 3(b) and paragraph (1), the Secretary of Labor shall
allot the remainder of the funds described in subsection (a) among the States
in accordance with the subparagraphs (A), (B), and (C) of section
4(b)(2).
(3)
Reallotment
If the Governor of a State does not submit
a State plan modification or other State request for funds specified in
guidance under subsection (b) by the date specified in subsection (d)(2)(B), or
a State does not receive approval of such State plan modification or request,
the amount the State would have been eligible to receive pursuant to the
formula under paragraph (2) shall be transferred within the Fund and added to
the amounts available for competitive grants under section 3(a)(3).
(d)
State plan modification or request
(1)
In general
For a State to be eligible to receive an
allotment of funds under subsection (c), the Governor of the State shall submit
to the Secretary of Labor a State plan modification, or other State request for
funds specified in guidance under subsection (b), in such form and containing
such information as the Secretary may require. At a minimum, such State plan
modification or request shall include—
(A) a description of the strategies and
activities to be carried out to provide summer employment opportunities and
year-round employment opportunities, including linkages to training and
educational activities, consistent with subsection (f);
(B) a description of the requirements the
States will apply relating to the eligibility of low-income youth, consistent
with section 8, for summer employment opportunities and year-round employment
opportunities, which requirements may include criteria to target assistance to
particular categories of such low-income youth, such as youth with
disabilities, consistent with subsection (f);
(C) a description of the performance outcomes
to be achieved by the State through the activities carried out under this
section and the processes the State will use to track the performance,
consistent with guidance provided by the Secretary of Labor regarding such
outcomes and processes and with section 7(b);
(D) a description of the timelines for
implementation of the activities described in subparagraph (A), and the number
of low-income youth expected to be placed in summer employment opportunities,
and year-round employment opportunities, respectively, by calendar
quarter;
(E) assurances that the State will report such
information relating to fiscal, performance, and other matters as the Secretary
of Labor may require and as the Secretary determines is necessary to
effectively monitor the activities carried out under this section;
(F) assurances that the State will ensure
compliance with the requirements, restrictions, labor standards, and other
provisions described in section 7(a); and
(G) for any employment opportunity that will
provide participants with an industry-recognized credential, a description of
the credential.
(2)
Submission and approval of State plan
modification or request
(A)
Submission
The Governor shall submit the State plan
modification or other State request for funds specified in guidance under
subsection (b) to the Secretary of Labor not later than 30 days after the
issuance of such guidance. The State plan modification or other State request
for funds may be submitted in conjunction with the State plan required under
section 4(c).
(B)
Approval
The Secretary of Labor shall approve or
disapprove the State plan modification or request submitted under subparagraph
(A) within 30 days after submission. The Secretary of Labor shall approve the
modification or request unless the Secretary determines that the modification
or request is inconsistent with the requirements of this section. If the
Secretary has not made a determination within that 30-day period, the
modification or request shall be considered to be approved. If the modification
or request is disapproved, the Secretary may provide a reasonable period of
time in which the modification or request may be amended and resubmitted for
approval. If the modification or request is approved, the Secretary shall allot
funds to the State under subsection (c) within 30 days after such
approval.
(3)
Modifications to State plan modification or
request
The Governor may
submit further modifications to a State plan modification or other State
request for funds specified under subsection (b), consistent with the
requirements of this section.
(e)
Within-State allocation and
administration
(1)
In general
Of the funds allotted to the State under
subsection (c), the Governor—
(A) may reserve not more than 5 percent of the
funds for administration and technical assistance; and
(B) shall allocate the remainder of the funds
among local workforce investment areas within the State in accordance with
subparagraphs (A), (B), and (C) of section 4(b)(2), except that for purposes of
such allocation references in paragraph (2) or (3) of section 4(b) to a State
shall be deemed to be references to a local workforce investment area and
references to all States shall be deemed to be references to all local
workforce investment areas in the State involved.
(2)
Local plan modification or request
(A)
Submission
In order to receive an allocation for a
local workforce investment area under paragraph (1)(B), the local workforce
investment board, in partnership with the chief elected official for the local
workforce investment area, shall submit to the Governor, not later than 30 days
after the submission by the State of the State plan modification or other State
request for funds specified in guidance under subsection (b), a local plan
modification, or such other request for funds by local workforce investment
areas as may be specified in guidance under subsection (b), describing the
strategies and activities to be carried out under this section.
(B)
Approval
The Governor shall approve or disapprove
the local plan modification or other local request for funds submitted under
subparagraph (A) within 30 days after submission. The Governor shall approve
the modification or request unless the Governor determines that the
modification or request is inconsistent with the requirements of this section.
If the Governor has not made a determination within that 30-day period, the
modification or request shall be considered to be approved. If the modification
or request is disapproved, the Governor may provide a reasonable period of time
in which the modification or request may be amended and resubmitted for
approval. If the modification or request is approved, the Governor shall
allocate funds to the local workforce investment area within 30 days after such
approval.
(3)
Reallocation
If a local workforce investment board and
chief elected official do not submit a local plan modification, or other local
request for funds specified in guidance under subsection (b), by the date
specified in paragraph (2)(A), or the Governor disapproves such a modification
or request, the amount the local workforce investment area would have been
eligible to receive pursuant to the formula under paragraph (1)(B) shall be
allocated to local workforce investment areas that receive approval of their
local plan modifications or local requests for funds under paragraph (2). Each
such local workforce investment area shall receive a share of the total amount
available for reallocation under this subparagraph, in accordance with the
area's share of the total amount allocated under paragraph (1)(B) to such local
workforce investment areas.
(f)
Use of funds
(1)
In general
The funds made available under this section
shall be used—
(A) to provide summer employment opportunities
for low-income youth, with direct linkages to academic and occupational
learning, and may be used to provide supportive services, such as
transportation or child care, that are necessary to enable the youth to
participate in the opportunities; and
(B) to provide year-round employment
opportunities, which may be combined with other activities authorized under
section 129 of the Workforce Investment Act of 1998 (29 U.S.C. 2854), to
low-income youth, giving priority to out-of-school youth who are—
(i) high school dropouts; or
(ii) recipients of a secondary school diploma or
its recognized equivalent but who are basic skills deficient, unemployed, or
underemployed.
(2)
Program priorities
In administering the funds under this
section, the local board and chief elected official shall give priority
to—
(A) identifying employment opportunities that
are—
(i) in emerging or in-demand occupations in the
local workforce investment area; or
(ii) in the public or nonprofit sector and meet
community needs; and
(B) linking participants in year-round
employment opportunities to training and educational activities that will
provide such participants with an industry-recognized credential.
(3)
Performance accountability
For activities funded under this section,
in lieu of meeting the requirements described in section 136 of the Workforce
Investment Act of 1998 (29 U.S.C. 2871), States and local workforce investment
areas shall provide such reports as the Secretary of Labor may require
regarding the performance outcomes described in section 7(b)(5).
(4)
Limitation
Not more than 10 percent of the funds
allocated to a local workforce investment area under subsection (e)(1)(B) may
be used for the costs of administration of this section.
6.
Work-related and educational strategies and
activities of demonstrated effectiveness
(a)
In general
From the funds available under section
3(a)(3), the Secretary of Labor shall award grants on a competitive basis to
eligible entities to carry out work-related and educational strategies and
activities of demonstrated effectiveness.
(b)
Eligible entity
To be eligible to receive a grant under
this section, an entity—
(1) shall include—
(A) a partnership involving a chief elected
official, and the local workforce investment board, for the local workforce
investment area involved (which may include a partnership with elected
officials and workforce investment boards in the region and in the State);
or
(B) an entity eligible to apply for a grant,
contract, or agreement under section 166 of the Workforce Investment Act of
1998 (29 U.S.C. 2911); and
(2) may include, in combination with a
partnership or entity described in paragraph (1)—
(A) employers or employer associations;
(B) adult education providers or postsecondary
educational institutions, including community colleges;
(C) community-based organizations;
(D) joint labor-management committees;
(E) work-related intermediaries; or
(F) other appropriate organizations.
(c)
Application
To be eligible to receive a grant under
this section, an entity shall submit to the Secretary of Labor an application
at such time, in such manner, and containing such information as the Secretary
may require. At a minimum, the application shall—
(1) describe the strategies and activities of
demonstrated effectiveness that the eligible entity will carry out to provide
unemployed, low-income adults and low-income youth with skills that will lead
to employment upon completion of participation related to such strategies and
activities;
(2) describe the requirements that will apply
relating to the eligibility of unemployed, low-income adults or low-income
youth, consistent with section 8, for strategies and activities carried out
under this section, which requirements may include criteria to target
assistance to particular categories of such adults and youth, such as
individuals with disabilities or individuals who have exhausted all rights to
unemployment compensation;
(3) describe how the strategies and activities
will address the needs of the target populations identified under paragraph (2)
and the needs of employers in the local workforce investment area;
(4) describe the expected outcomes to be
achieved by implementing the strategies and activities;
(5) provide evidence that the funds provided
through the grant will be expended expeditiously and efficiently to implement
the strategies and activities;
(6) describe how the strategies and activities
will be coordinated with other Federal, State, and local programs providing
employment, education, and supportive activities;
(7) provide evidence of employer commitment to
participate with respect to the strategies and activities funded under this
section, including identification of anticipated occupational and skill
needs;
(8) provide assurances that the eligible entity
will report such information relating to fiscal, performance, and other matters
as the Secretary of Labor may require and as the Secretary determines is
necessary to effectively monitor the strategies and activities carried out
under this section;
(9) provide assurances that the eligible entity
will ensure compliance with the requirements, restrictions, labor standards,
and other provisions described in section 7(a); and
(10) for any activity leading to the acquisition
of an industry-recognized credential, a description of the credential.
(d)
Priority in awards
In awarding grants under this section, the
Secretary of Labor shall give priority to applications submitted by eligible
entities from areas of high poverty and high unemployment, as defined by the
Secretary, such as Public Use Microdata Areas designated by the Bureau of the
Census.
(e)
Use of funds
An entity that receives a grant under this
section shall use the funds made available through the grant to support
strategies and activities of demonstrated effectiveness that are designed to
provide unemployed, low-income adults or low-income youth with skills that will
lead to employment as part of or upon completion of participation with respect
to such strategies and activities. Such strategies and activities may
include—
(1) on-the-job training, registered
apprenticeship programs, or other programs that combine work with skills
development;
(2) sector-based training programs that have
been designed to meet the specific requirements of an employer or group of
employers in that sector and for which employers are committed to hiring
individuals upon successful completion of the training;
(3) training that supports an industry sector
or an employer-based or labor-management committee industry partnership and
that includes a significant work experience component;
(4) strategies and activities that lead to the
acquisition of industry-recognized credentials in a field identified by the
State or local workforce investment area as a growth sector or in-demand
industry in which there are likely to be significant job opportunities in the
short term;
(5) strategies and activities that provide
connections to immediate work opportunities, including subsidized employment
opportunities, or summer employment opportunities for youth, that include
concurrent skills training and other supports;
(6) strategies and activities offered through
career academies that provide students with the academic preparation and
training, such as paid internships and concurrent enrollment in community
colleges or other postsecondary institutions, needed to pursue a career pathway
that leads to postsecondary credentials and in-demand jobs; and
(7) adult basic education and integrated basic
education and training, for low-skilled adults, that are tied to employer
workforce needs, hosted at community colleges or at other sites, to prepare
individuals for jobs that are in demand in a local workforce investment
area.
(f)
Coordination of Federal
administration
The Secretary
of Labor shall administer this section in coordination with the Secretary of
Education, the Secretary of Health and Human Services, and other appropriate
agency heads, to ensure the effective implementation of this section.
7.
General requirements
(a)
Labor standards and
protections
Activities
provided with funds made available under this Act shall be subject to the
requirements and restrictions, including the labor standards, described in
section 181 of the Workforce Investment Act of 1998 (29 U.S.C. 2931) and the
nondiscrimination provisions of section 188 of such Act (29 U.S.C. 2938), in
addition to other applicable Federal laws.
(b)
Reporting
The Secretary of Labor shall require the
reporting of information relating to fiscal, performance, and other matters
that the Secretary determines is necessary to effectively monitor the
activities carried out with funds provided under this Act. At a minimum,
recipients of grants or subgrants under this Act shall provide information
relating to—
(1) the number of individuals participating in
activities with funds provided under this Act and the number of such
individuals who have completed such participation;
(2) the expenditures of funds provided under
this Act;
(3) the number of jobs created pursuant to the
activities carried out under this Act;
(4) the demographic characteristics of
individuals participating in activities under this Act; and
(5) the performance outcomes for individuals
participating in activities under this Act, including—
(A) for adults participating in activities
funded under section 4, performance on indicators consisting of—
(i) entry into unsubsidized employment;
(ii) retention in unsubsidized employment;
and
(iii) earnings in unsubsidized employment;
(B) for low-income youth participating in
summer employment activities under sections 5 and 6, performance on indicators
consisting of—
(i) work readiness skill attainment, using an
employer-validated checklist; and
(ii) placement in or return to secondary or
postsecondary education or training, or entry into unsubsidized
employment;
(C) for low-income youth participating in
year-round employment activities under section 5 or in activities under section
6, performance on indicators consisting of—
(i) placement in or return to postsecondary
education;
(ii) attainment of a secondary school diploma or
its recognized equivalent;
(iii) attainment of an industry-recognized
credential; and
(iv) entry into unsubsidized employment,
retention, and earnings as described in subparagraph (A); and
(D) for unemployed, low-income adults
participating in activities under section 6—
(i) entry into unsubsidized employment,
retention, and earnings as described in subparagraph (A); and
(ii) attainment of an industry-recognized
credential.
(c)
Activities required To be
additional
Funds provided
under this Act shall only be used for activities that are in addition to
activities that would otherwise be available in the State or local workforce
investment area in the absence of such funds.
(d)
Additional requirements
The Secretary of Labor may establish such
additional requirements as the Secretary determines may be necessary to ensure
fiscal integrity, effective monitoring, and appropriate and prompt
implementation of the activities under this Act.
(e)
Report of information and evaluations to
Congress and the public
The
Secretary of Labor shall provide to the appropriate committees of Congress and
make available to the public the information reported pursuant to subsection
(b) and the evaluations of activities carried out with the funds reserved under
section 3(b).
8.
Definitions
In this Act:
(1)
Chief elected official
The term chief elected
official means the chief elected executive officer of a unit of general
local government in a local workforce investment area or, in the case in which
such an area includes more than one unit of general local government, the
individuals designated under an agreement described in section 117(c)(1)(B) of
the Workforce Investment Act of 1998 (29 U.S.C. 2832(c)(1)(B)).
(2)
Industry-recognized
credential
The term
industry-recognized credential means such a credential within the
meaning of section 3 of the Carl D. Perkins Career and Technical Education Act
of 2006 (20 U.S.C. 2302).
(3)
Local workforce investment
area
The term local
workforce investment area means such area designated under section 116
of the Workforce Investment Act of 1998 (29 U.S.C. 2831).
(4)
Local workforce investment
board
The term local
workforce investment board means such board established under section
117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832).
(5)
Low-income youth
(A)
In general
The term low-income youth
means an individual who is not younger than age 16 and not older than age 24
and is an individual described in subparagraph (B) or (C).
(B)
Eligible
youth
For purposes of this
paragraph, an individual described in this subparagraph—
(i) meets the definition of a low-income
individual provided in section 101(25) of the Workforce Investment Act of 1998
(29 U.S.C. 2801(25)), except that—
(I) States and local workforce investment
areas, subject to approval in the applicable State and local plan modifications
and requests for funds, may increase the income level specified in subparagraph
(B)(i) of such section to an amount not in excess of 200 percent of the poverty
line for purposes of determining eligibility for participation in activities
under section 5; and
(II) eligible entities described in section
6(b), subject to approval in the applicable applications for funds, may make
such an increase for purposes of determining eligibility for participation in
activities under section 6; and
(ii) is in one or more of the categories
specified in section 101(13)(C) of the Workforce Investment Act of 1998 (29
U.S.C. 2801(13)(C)).
(C)
Youth eligible for school
lunches
For purposes of this
paragraph, an individual described in this subparagraph receives or is eligible
to receive a free or reduced price lunch under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.).
(6)
Outlying area
The term outlying area means
the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and the Republic of Palau (except during any period
for which the Secretary of Labor determines that a Compact of Free Association
is in effect and provides for Federal assistance for education or
training).
(7)
Poverty line
The term poverty line means a
poverty line as defined in section 673 of the Community Services Block Grant
Act (42 U.S.C. 9902), applicable to a family of the size involved.
(8)
State
The term State means each of
the several States of the United States, the District of Columbia, and the
Commonwealth of Puerto Rico.
(9)
Unemployed, low-income adult
The term unemployed, low-income
adult means an individual who—
(A) is age 18 or older;
(B) is without employment and is seeking
assistance under this Act to obtain employment; and
(C) meets the definition of a low-income
individual specified in section 101(25) of the Workforce Investment Act of 1998
(29 U.S.C. 2801(25)), except that—
(i) States and local entities described in
section 4(d)(1)(A), subject to approval in the applicable State plans and local
plans described in subsection (c) or (d) of section 4, or a State agency or
agencies described in section 4(d)(1)(B), subject to approval in the State plan
described in section 4, may increase the income level specified in subparagraph
(B)(i) of such section 101(25) to an amount not in excess of 200 percent of the
poverty line for purposes of determining eligibility for participation in
activities under section 4; and
(ii) eligible entities described in section
6(b), subject to approval in the applicable applications for funds, may make
such an increase for purposes of determining eligibility for participation in
activities under section 6.