,,ii #aafth ,,congress #ast ,session ,s4 #aibj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bj1 #bjai,mr4 ,van ,hollen 7for himself and ,mr4 ,wyden7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to establish jobs programs for long-term unemployed workers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,long-,term ,unemployment ,elimination ,act of #bjai4 #b4 ,purpose ,the purpose of this ,act is to provide job opportunities for every long-term unemployed worker in the ,united ,states4 #c4 ,definitions ,in this ,act3 7#a7 ,covered area ,the term covered area means the local area in which a local board is carrying out a jobs program1 or 7in the circumstances described in section #d7;d77 the local area in which a community-based organization is carrying out a jobs program1 under this ,act4 7#b7 ,eligible worker ,the term eligible worker means an individual who-- 7,a7 is not less than #ah years old2 7,b7 is authorized to be employed in the ,united ,states for purposes of section #bgd;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a72 7,c7 has not been employed or a full-time student for a period of not less than #bg weeks 7except as modified under section #e7;e772 and 7,d7 is currently seeking employment and has been seeking employment for a period of not less than #d weeks 7except as modified under section #e7;e774 7#c7 ,individual with a barrier to employment ,the term individual with a barrier to employment has the meaning given in section #c7bd7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb7bd771 except that such term shall not include individuals who meet the terms of the definition in that section solely on the basis of their status as long-term unemployed individuals4 7#d7 ,on-the-job training ,the term on-the-job training has the meaning given the term in section #c7dd7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb7dd771 except that subparagraph 7,b7 of that section shall not apply4 7#e7 ,participating employer ,the term participating employer means an employer-- 7,a7 that is-- 7i7 a government agency2 7ii7 a nonprofit organization2 or 7iii7 a business2 and 7,b7 includes-- 7i7 an employer at the site of employment for an eligible worker in a program position2 or 7ii7 a community-based organization that acts as an employer of record by-- 7,i7 assuming the roles and responsibilities assigned to employers described in clause 7i7 under this ,act2 7,,ii7 entering into an agreement with an employer described in clause 7i7 to set forth the terms and conditions for employment of an eligible worker in a program position in a jobs program in accordance with the provisions of this ,act2 and 7,,iii7 acting as an intermediary between eligible workers and employers described in clause 7i7 to facilitate participation in the jobs program involved4 7#f7 ,payroll taxes ,the term payroll taxes means taxes under section #caaa1 #cbba1 #ccja1 or #ccba of the ,internal ,revenue ,code of #aihf1 and any similar ,state or local tax imposed on employers4 7#g7 ,pre-apprenticeship ,the term pre-apprenticeship1 used with respect to a program1 means a program that is designed to prepare individuals to enter and succeed in a registered apprenticeship program and is carried out by an entity that has a documented partnership with at least one sponsor of a registered apprenticeship program4 7#h7 ,program position 7,a7 ,in general ,the term program position1 used with respect to a jobs program-- 7i7 means a position-- 7,i7 in a temporary job that is designed to lead to long-term employment2 and 7,,ii7 that is provided along with1 as necessary1 supportive services and training services to enable an individual to succeed in the job and obtain and retain long-term employment2 and 7ii7 includes-- 7,i7 a position in a transitional job2 7,,ii7 a position in a registered apprenticeship program2 and 7,,iii7 an approved national service position made available under section #abi of the ,national and ,community ,service ,act of #aiij 7#db ,u4,s4,c4 #abeha71 including a position sponsored under subsection 7i7 of that section1 subject to subparagraph 7,b74 7,b7 ,rule 7i7 ,employers with certain program positions ,a participating employer for an eligible worker 7or an employer at the site of employment for an eligible worker7 in a program position described in subparagraph 7,a77ii77,,iii7 shall be considered to be a service sponsor1 as defined in section #aja of the ,national and ,community ,service ,act of #aiij 7#db ,u4,s4,c4 #abeaa74 7ii7 ,eligible workers in certain program positions ,in parity with section #aja7cj7 of the ,national and ,community ,service ,act of #aiij 7#db ,u4,s4,c4 #abeaa7cj771 an eligible worker in such a program position shall not be considered to be an employee of the participating employer 7or of an employer at the site of employment for the eligible worker74 7#i7 ,recognized postsecondary credential ,the term recognized postsecondary credential means such a credential as defined in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb71 if the provider of the program leading to the credential is identified under section #abb7;h7 of such ,act 7#bi ,u4,s4,c4 #caeb7;h774 7#aj7 ,registered apprenticeship program ,the term registered apprenticeship program means a program registered under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq474 7#aa7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#ab7 ,transitional job ,the term transitional job means a job described in section #acd7;d77#e7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;d77#e771 without regard to the limitation described in that section on funding for such jobs4 7#ac7 ,,wioa terms ,the terms adult education and literacy activities1 career pathway1 community-based organization1 customized training1 industry or sector partnership1 in-demand industry sector or occupation1 integrated education and training1 local area1 local board1 one-stop operator1 poverty line1 ,state area1 ,state board1 supportive services1 and training services have the meanings given the terms in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#ad7 ,worker-owned enterprise 7,a7 ,in general ,the term worker-owned enterprise means-- 7i7 an eligible worker-owned cooperative1 as defined in section #ajdb7;c77#b7 of the ,internal ,revenue ,code of #aihf2 or 7ii7 an enterprise for which the majority of the voting stock is owned by workers employed by such enterprise4 7,b7 ,voting stock ,for purposes of subparagraph 7,a77ii71 the share of the voting stock owned by workers shall include stock held by an employee stock ownership plan1 as defined in section #dige7;e77#g7 of such ,code4 #d4 ,jobs programs for long-term unemployed workers 7a7 ,in general 7#a7 ,establishment ,the ,secretary shall establish and administer a jobs initiative for eligible workers1 consisting of jobs programs carried out through local boards4 7#b7 ,partnerships ,a local board may enter into a partnership with one or more community-based organizations to submit an application and carry out a jobs program4 7#c7 ,agreements ,in administering the initiative1 the ,secretary shall enter into #d-year agreements with local boards1 under which the ,secretary shall provide payments to local boards4 ,such an agreement shall specify which functions described in this ,act will be carried out by the local board1 by the community-based organization1 and by the partnership4 7#d7 ,payments ,the ,secretary shall make such a payment in an amount that equals the eligible costs incurred by the local board-- 7,a7 to provide wages and compensation for program positions for eligible workers under this section1 minus any employer share of the eligible costs of providing the wages and compensation2 7,b7 to provide supportive services and training services to eligible workers under this section2 and 7,c7 to administer the jobs program under this section4 7b7 ,local board application ,to be eligible to enter into an agreement under subsection 7a71 a local board shall submit an application to the ,secretary at such time1 in such manner1 and containing a #d-year plan that includes such information as the ,secretary may require1 including-- 7#a7 the number of eligible workers that the local board proposes to serve under the jobs program involved and the estimated cost of serving that number of workers2 7#b7 a plan for one-stop operators to identify the issues preventing each eligible worker served by the jobs program from securing employment1 and to reduce the impact of those issues with supportive services and training services2 7#c7 a description of how the local board will engage labor organizations1 community-based organizations1 community colleges1 economic development agencies1 and area career and technical education schools as partners to provide training services to eligible workers1 including any-- 7,a7 adult education and literacy activities1 including activities of ,english language acquisition1 and integrated education and training programs2 7,b7 pre-apprenticeship programs2 and 7,c7 career pathways2 7#d7 a description of how the local board will support the creation and expansion of industry or sector partnerships and alignment of the jobs program with career pathways to improve outcomes for eligible workers in program positions2 7#e7 proposed levels for the performance accountability measures described in subsection 7c72 7#f7 a description of the controls established by the local board to assure that the local board-- 7,a7 disburses funding to each participating employer for all eligible costs described in subsection 7h7 incurred under the jobs program1 minus the employer share described in subsection 7i72 7,b7 oversees participating employers to ensure compliance with program rules and collection of accurate data for performance accountability measures described in subsection 7c72 and 7,c7 requests accurate advance payment or reimbursement for the eligible costs described in subsection 7h71 minus any employer share described in subsection 7i7 of the eligible costs2 7#g7 a description of how the local board will align the activities carried out under the grant with the activities carried out under-- 7,a7 the plans submitted by the corresponding ,state board and local board under subtitle ,a of title ,i of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caaa et seq472 7,b7 the employment and training program established by the corresponding ,state under the supplemental nutrition assistance program established under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq472 7,c7 the corresponding ,state program for temporary assistance for needy families established under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq472 7,d7 the national service plan submitted by the corresponding ,state ,commission on ,national and ,community ,service under section #agh of the ,national and ,community ,service ,act of #aiij 7#db ,u4,s4,c4 #abfch72 7,e7 programs established under the ,second ,chance ,act of #bjjg 7#cd ,u4,s4,c4 #fjeja et seq472 7,f7 employment and community development programs carried out by the ,secretary of ,housing and ,urban ,development2 7,g7 career and technical education programs authorized by the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcja et seq472 7,h7 the continuum of care projects 7relating to ending homelessness7 carried out under applications submitted1 by communities serving an area that is substantially similar to the covered area1 under subtitle ,c of title ,,iv of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacha et seq472 and 7,i7 programs to support competitive integrated employment for individuals with disabilities1 including programs of vocational rehabilitation services under title ,i of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gbj et seq47 and the ,ticket to ,work and ,self-,sufficiency ,program carried out under section #aadh of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#ai72 and 7#h7 assurances that-- 7,a7 prior to the placement of an eligible worker in a program position1 the local board will consult with the appropriate local labor organization1 if any1 representing employees in the covered area who are engaged in the same or similar work as that proposed to be carried out by the eligible worker1 to prevent the displacement and protect the rights of such employees2 and 7,b7 the local board will comply with the nondisplacement provisions of subsection 7f7 and the grievance procedures of subsection 7g74 7c7 ,performance accountability 7#a7 ,in general ,for each local board1 the performance accountability measures shall consist of the indicators described in paragraph 7#b7 and the levels described in paragraph 7#c74 7#b7 ,indicators ,the indicators for the performance accountability measures shall consist of-- 7,a7 the primary indicators of performance described in section #aaf7;b77#b77;,a77i7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cada7;b77#b77;,a77i772 7,b7 the number of eligible workers placed in jobs created by the jobs program of the local board2 7,c7 for households with an eligible worker who participated in the program1 the average increase in income by the end of such participation2 and 7,d7 the percentage of program positions filled by eligible workers who were individuals with a barrier to employment4 7#c7 ,acceptable overall levels of performance ,the local board shall reach agreement with the ,secretary1 acting in consultation with the ,secretary of ,education1 on acceptable overall levels of performance for each indicator described in paragraph 7#b7 for each year covered by the application submitted under subsection 7b74 ,in reaching such agreements1 the local board and the ,secretaries shall take into account-- 7,a7 the purpose of this ,act1 as described in section #b1 by seeking to provide job opportunities for as many eligible workers as possible2 and 7,b7 the factors described in section #aaf7;b77#c77;,a77v7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cada7;b77#c77;,a77v771 except that references in that section to a ,state shall be considered to be references to a local area4 7#d7 ,reporting requirement 7,a7 ,in general ,the local board shall provide information specifying the board's level of performance on the performance accountability measures specified in this subsection1 including disaggregated data specified under subparagraph 7,b71 as part of the local board performance reports established under section #aaf7;d7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cada7;d774 7,b7 ,disaggregated data ,each such performance report shall include data specifying the board's level of performance with respect to individuals with barriers to employment1 disaggregated by each subpopulation of such individuals1 and by race1 ethnicity1 sex1 and age4 7d7 ,sanctions for failure ,to meet performance accountability measures or submit an application 7#a7 ,performance improvement plan and technical assistance ,if a local board fails to meet performance accountability measures specified in subsection 7c7-- 7,a7 the local board shall develop a performance improvement plan2 and 7,b7 the ,secretary and ,state board may provide technical assistance1 including assistance in the development of the performance improvement plan4 7#b7 ,repeated failure to meet performance accountability measures ,if a local board fails to meet the performance accountability measures for at least #b consecutive years1 the ,secretary may enter into an agreement with a community-based organization to carry out a jobs program serving the corresponding local area in place of the local board4 7#c7 ,failure to submit application ,if a local board fails to submit an application under subsection 7b7 for a year1 the ,secretary may enter into an agreement with a community-based organization to carry out a jobs program serving the corresponding local area in place of the local board4 7#d7 ,programs carried out by community-based organizations 7,a7 ,application ,a community-based organization that seeks to carry out a jobs program in place of a local board as described in paragraph 7#b7 or 7#c7 shall submit an application to the ,secretary4 7,b7 ,selection ,the ,secretary shall select1 on a competitive basis1 community-based organizations to carry out jobs programs as described in paragraphs 7#b7 and 7#c7 for a local area4 ,the ,secretary shall select such organizations based on their ability to implement a jobs program that achieves the highest levels on the performance accountability measures1 taking into account the factors described in section #aaf7;b77#c77;,a77v7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cada7;b77#c77;,a77v771 except that references in that section to a ,state shall be considered to be references to a local area1 and meets the other requirements specified in this ,act4 7,c7 ,renewal ,after the initial selection under subparagraph 7,b71 the ,secretary shall1 every #d years1 hold a new competition to select community-based organizations to carry out jobs programs for local areas4 ,the local board for such an area may also submit an application in such competition4 7,d7 ,implementation ,this ,act shall apply to a community-based organization selected under this paragraph as if the organization was the local board for the corresponding local area4 7e7 ,participating employer 7#a7 ,in general ,a participating employer shall be selected by a local board4 ,an entity who seeks to be a participating employer shall enter into an agreement with the local board to act as a participating employer under this subsection4 7#b7 ,selection criteria 7,a7 ,in general ,to select participating employers 7including the renewal of such a selection71 the local board shall take into account the considerations1 and comply with the requirements1 specified in subparagraphs 7,b7 through 7,h74 7,b7 ,worker feedback ,the local board shall provide an opportunity for eligible workers to provide feedback on participating employers1 and shall take this feedback into account when determining whether to renew the selection of an employer4 7,c7 ,labor organizations 7i7 ,in general ,the local board shall consider input from labor organizations to select participating employers4 7ii7 ,collective bargaining agreements ,for a site of employment at which workers are covered by a collective bargaining agreement1 the local board shall not place a program participant in a program position at the site without the consent of all labor organizations representing workers at such site4 7,d7 ,long-term employment prospects ,the local board shall consider whether the employer under consideration is proposing or providing an experience that will help eligible workers secure long-term employment after the program position ends1 either with the participating employer or another employer4 7,e7 ,community impact and input 7i7 ,community impact preference ,the local board shall consider whether the employer is offering program positions in which the work to be performed is designed to have a positive impact on the communities in the local area served through the jobs program1 and shall develop criteria for that positive impact based on input from members of such communities4 7ii7 ,community input ,the local board shall also provide an opportunity for such communities to provide input on how a participating employer should be selected and whether specific employers should be selected1 and shall take this input into account when selecting a participating employer4 7,f7 ,in-demand industry sector or occupation ,the local board shall consider whether the employer is offering program positions that lead to employment in an in-demand industry sector or occupation4 7,g7 ,type of business ,the local board shall consider whether the employer is-- 7i7 a worker-owned enterprise2 or 7ii7 a small business concern owned and controlled by women1 a small business concern owned and controlled by socially and economically disadvantaged individuals1 a small business concern owned and controlled by veterans1 or a qualified ,h,u,b,zone small business concern1 as those #d terms are defined in section #h7;d77#c7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;d77#c774 7,h7 ,other factors ,the local board may consider other factors1 besides the factors explicitly stated in this paragraph1 that are relevant to achieving the performance accountability measures and other requirements specified in this ,act4 7#c7 ,participating employer duties ,the participating employer shall-- 7,a7 provide wages for each eligible worker in a program position at a rate that-- 7i7 is not less than the greatest of the #c rates described in subsection 7h77#a77;,b72 and 7ii7 is the same as the customary rate paid by the employer for the same or similar work performed by other employees who-- 7,i7 are not eligible workers in program positions2 7,,ii7 are similarly situated in similar occupations by the same employer2 and 7,,iii7 have similar training1 experience1 and skills2 7,b7 provide benefits for each eligible worker in a program position at the same level as is provided to other employees who are not eligible workers in program positions2 7,c7 ensure that the site of employment is a location where an eligible worker in a program position who is an individual with a disability1 as defined in section #g of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gje71 interacts with other persons who are not such individuals with disabilities 7not including supervisory personnel or individuals who are providing services to such worker7 to the same extent as individuals who are not such individuals with disabilities and who are in comparable positions interact with other persons2 7,d7 offer opportunities for advancement to eligible workers in program positions1 as appropriate1 that are similar to those for other employees who are not eligible workers in program positions2 and 7,e7 fulfill legal and administrative duties including payroll processing1 tax withholding and documentation1 and meeting liability requirements such as workers' compensation requirements4 7#d7 ,payment to participating employer 7,a7 ,wages and compensation ,the local board shall provide payment to the participating employer for all eligible costs described in subsection 7h7 for wages and compensation provided by the employer for eligible workers in program positions1 minus the employer share described in subsection 7i74 7,b7 ,employer-provided training ,the local board may enter into an agreement with the participating employer under which the employer provides on-the-job training or customized training to eligible workers1 and1 subject to subsection 7h77#c71 the local board provides payment to reimburse the employer for the cost of providing the training described in the agreement4 7f7 ,nondisplacement 7#a7 ,nondisplacement of existing employees ,the participating employer shall not place an eligible worker hired for a jobs program in a position under this ,act if-- 7,a7 employing such individual will result in the layoff or partial displacement 7such as a reduction in hours1 wages1 or employment benefits7 of an existing employee 7as of the date of the hiring7 of the employer2 7,b7 such individual will assume any of the duties or responsibilities of an employee who is on strike2 7,c7 employing such individual infringes upon the promotional opportunities of an existing employee 7as of the date of the hiring7 of the employer2 or 7,d7 such individual will perform the same work or substantially the same work as that performed by any individual1 employed by the employer at the site of employment1 who-- 7i7 has been laid off or partially displaced 7as such term is described in subparagraph 7,a772 and 7ii7 has not been offered to be restored to the position the employee had immediately prior to being laid off or partially displaced4 7#b7 ,prohibition on rotation ,the participating employer may not make placements in a program position by constantly rotating new eligible workers into a permanent position temporarily1 except in circumstances in which-- 7,a7 the employer reasonably intends to promote each such eligible worker to a different permanent position within the employer's business at the end of that worker's employment in the program position2 or 7,b7 the program position is part of an on-the-job training program that leads to a recognized postsecondary credential4 7#c7 ,nondisplacement of government employees or functions 7,a7 ,government agency ,a participating employer that is a government agency may not place an eligible worker hired for a jobs program in an existing position 7as of the date of the hiring7 that is subject to civil service laws of a ,federal1 ,state1 or local government4 7,b7 ,other participating employer ,a participating employer that is not a government agency may not use funds provided under this ,act to provide services or carry out other functions that are customarily provided by a unit of ,state government or general local government4 7#d7 ,limitation on program positions for participating employer 7,a7 ,in general ,no more than #aj percent of the employees of a participating employer may be in program positions funded under this ,act1 except as provided in any of subparagraphs 7,b7 through 7,e74 7,b7 ,minimum ,a participating employer with fewer than #aj employees may employ #a individual in a program position funded under this ,act4 7,c7 ,maximum ,a participating employer with more than #a1jjj employees may employ not more than #ajj individuals in program positions funded under this ,act1 unless the employer obtains permission under subparagraph 7,d74 7,d7 ,permission 7i7 ,in general ,a local board may grant permission for a participating employer to have a higher percentage or number of employees in program positions than is allowed under subparagraph 7,a7 or 7,c7-- 7,i7 under the circumstance described in subclause 7,i7 or 7,,ii7 of clause 7ii72 or 7,,ii7 under the circumstance described in clause 7ii77,,iii71 with the consent of all labor organizations representing workers at the site involved4 7ii7 ,circumstances ,the circumstances described in this clause are any of the following3 7,i7 ,a circumstance in which the most recent #c-month average of the unemployment rate in the covered area is not less than #h percent4 7,,ii7 ,a circumstance in which the employer is a worker-owned enterprise and worker-ownership is widely available to the employer's employees1 including eligible workers in program positions4 7,,iii7 ,a circumstance in which a collective bargaining agreement covers eligible workers in program positions at a site of employment4 7iii7 ,duration 7,i7 ,in general ,an employer granted the permission described in clause 7i7 under the circumstance described in clause 7ii77,i7 may be granted such permission for a term of not more than #b years1 subject to subclause 7,,ii71 regardless of whether the unemployment rate in the covered area falls below #h percent during that #b-year period4 7,,ii7 ,renewal ,if the permission is granted under a circumstance described in clause 7ii77,i7 and is scheduled to expire in #c months or less1 and if the most recent #c-month average of the unemployment rate in the covered area is not less than #h percent1 the local board may renew the permission for another term described in subclause 7,i74 7,e7 ,application to government agency ,if the employer is a ,federal1 ,state1 or local agency1 the limitations described in subparagraphs 7,a71 7,b71 and 7,c7 shall be applied separately to each unit within that agency4 7,f7 ,modification ,the requirements of this paragraph may be modified under section #e7;e74 7,g7 ,definition ,for purposes of this paragraph and subsection 7g71 the term participating employer shall not include a community-based organization that acts as an employer of record and 7even if a community-based organization is so acting7 shall include the employer at the site4 7g7 ,grievance procedure 7#a7 ,in general ,the local board shall establish and maintain a procedure for the filing and adjudication of grievances from participants1 labor organizations1 and other interested individuals concerning participating employers1 including grievances relating to proposed placements of eligible workers with such employers4 7#b7 ,deadline for grievances ,except for a grievance that alleges fraud or criminal activity1 a grievance shall be made not later than #a year after the date of the alleged occurrence of the event that is the subject of the grievance4 7#c7 ,deadline for hearing and decision 7,a7 ,hearing ,a hearing on any grievance conducted under this subsection shall be conducted not later than #cj days after the filing of such grievance4 7,b7 ,decision ,a decision on any such grievance shall be made not later than #fj days after the filing of such grievance4 7#d7 ,arbitration 7,a7 ,in general 7i7 ,jointly selected arbitrator ,in the event of a decision on a grievance that is adverse to the party who filed the grievance1 or #fj days after the filing of such grievance if no decision has been reached1 such party shall be permitted to submit such grievance to binding arbitration before a qualified arbitrator who is jointly selected and independent of the interested parties4 7ii7 ,appointed arbitrator ,if the parties cannot agree on an arbitrator1 the ,secretary shall appoint an arbitrator from a list of qualified arbitrators within #ae days after receiving a request for such appointment from one of the parties to the grievance4 7,b7 ,deadline for proceeding ,an arbitration proceeding shall be held not later than #de days after the request for such arbitration proceeding1 or1 if the arbitrator is appointed by the ,secretary in accordance with subparagraph 7,a77ii71 not later than #cj days after the appointment of such arbitrator4 7,c7 ,deadline for decision ,a decision concerning a grievance shall be made not later than #cj days after the date such arbitration proceeding begins4 7,d7 ,cost 7i7 ,in general ,except as provided in clause 7ii71 the cost of an arbitration proceeding shall be divided evenly between the parties to the arbitration4 7ii7 ,exception ,if a participant1 labor organization1 or other interested individual described in paragraph 7#a7 prevails under a binding arbitration proceeding1 the other entity that is a party to such grievance shall pay the total cost of such proceeding and the attorneys' fees of such participant1 labor organization1 or individual1 as the case may be4 7#e7 ,proposed placement ,if a grievance is filed regarding a proposed placement of an eligible worker with a participating employer1 such placement shall not be made unless the placement is consistent with the resolution of the grievance pursuant to this subsection4 7#f7 ,remedies ,remedies for a grievance filed under this subsection include-- 7,a7 suspension of payments for the participating employer2 7,b7 termination of such payments2 7,c7 prohibition of the placement described in paragraph 7#e72 7,d7 in a case in which the grievance is filed by an individual eligible worker or program participant-- 7i7 the eligible worker's selection to be a program participant1 or the program participant's reinstatement1 as the case may be2 and 7ii7 other changes in the terms and conditions of employment applicable to the individual2 and 7,e7 in a case in which the grievance involves a violation of subsection 7f7 and the employer of the displaced employee is the participating employer-- 7i7 reinstatement of the displaced employee to the position held by such employee prior to displacement2 7ii7 payment of lost wages and benefits of the displaced employee2 7iii7 reestablishment of other relevant terms1 conditions1 and privileges of employment of the displaced employee2 and 7iv7 such equitable relief as is necessary to correct any violation of subsection 7f7 or to make the displaced employee whole4 7#g7 ,enforcement ,suits to enforce awards under this subsection may be brought in any district court of the ,united ,states having jurisdiction of the parties1 without regard to the amount in controversy and without regard to the citizenship of the parties4 7h7 ,eligible costs 7#a7 ,wages and compensation 7,a7 ,in general ,subject to paragraph 7#b71 for purposes of this ,act1 the eligible costs of providing wages and compensation shall be the eligible costs of providing the wages described in subparagraph 7,b71 and the compensation described in subparagraph 7,c71 for eligible workers4 7,b7 ,wages ,the eligible costs described in this subparagraph shall be the costs of providing wages at a rate that is the greatest of-- 7i7 the applicable minimum wage rate under section #f7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;a77#a77 7not counting any rate authorized for employment under special certificates under section #ad of such ,act 7#bi ,u4,s4,c4 #bad772 7ii7 the applicable ,state or local minimum wage rate2 or 7iii7 a rate1 calculated as an amount per hour1 with the amount determined by dividing the poverty line for a family of #d by #b1jhj4 7,c7 ,compensation ,the eligible costs described in this subparagraph-- 7i7 subject to clause 7ii71 shall be nonwage expenses that are directly related to compensation for eligible workers1 including-- 7,i7 costs for employer payroll taxes2 7,,ii7 costs for employee benefits2 7,,iii7 costs to provide a national service education award for approved national service positions sponsored under section #abi7;i7 of the ,national and ,community ,service ,act of #aiij 7#db ,u4,s4,c4 #abeha7;i772 and 7,,iv7 costs of fulfilling the duties described in subsection 7e77#c77;,e72 and 7ii7 for each eligible worker1 shall not exceed #bj percent of the eligible costs of providing the wages described in subparagraph 7,b74 7#b7 ,limitation for duration of wages and compensation 7,a7 ,in general ,subject to subparagraph 7,b71 an eligible cost related to wages and compensation for a program position is an expense related to the first #ab months of the program position1 subject to section #e7;e74 7,b7 ,extension ,a local board may extend the #ab-month period described in subparagraph 7,a7 for not more than an additional #ab months1 subject to section #e7;e71 to the extent that such extension is necessary to cover the period of a program position that is part of an on-the-job training program that leads to a recognized postsecondary credential4 7#c7 ,supportive services and training services 7,a7 ,aggregate limit ,the eligible costs of providing1 or facilitating the provision of1 supportive services and training services to eligible workers shall1 in total1 not exceed #bj percent of the total eligible costs of providing the wages described in paragraph 7#a77;,b7 to those eligible workers4 7,b7 ,flexibility for individuals ,the limit in subparagraph 7,a7 shall apply to the eligible costs for the total amount of supportive services and training services provided by a jobs program to all eligible workers1 and shall not be construed to constitute a separate limit on the eligible costs for the supportive services and training services so provided to each eligible worker4 7,c7 ,modification ,the requirements of this paragraph may be modified under section #e7;e74 7#d7 ,administration 7,a7 ,local boards ,the eligible costs incurred by a local board of administering a jobs program under this section shall not exceed #aj percent of the total eligible costs of providing the wages described in paragraph 7#a77;,b7 to all eligible workers served by the jobs program4 7,b7 ,secretary ,of the maximum amount that the ,secretary may make available under subparagraph 7,a7 with respect to a jobs program1 the ,secretary may reserve not more than #aj percent to administer the jobs program under this section4 7#e7 ,modification ,the requirements of paragraphs 7#b71 7#c71 and 7#d7 may be modified under section #e7;e74 7i7 ,employer share for wages and compensation 7#a7 ,in general 7,a7 ,baseline ,except as provided in subparagraph 7,c71 for a local board carrying out a jobs program in a covered area where the unemployment rate does not exceed #e percent1 the employer share of the eligible costs for wages and compensation shall be #cc percent4 7,b7 ,higher unemployment covered areas ,except as provided in subparagraph 7,c71 for a local board carrying out a jobs program in a covered area where the unemployment rate exceeds #e percent1 the employer share of those costs shall be the percentage 7not less than #j percent7 obtained by subtracting-- 7i7 #c4c percentage points for every half of a percentage point by which the unemployment rate in the covered area exceeds #e percent2 from 7ii7 #cc percent4 7,c7 ,second year for program positions leading to recognized postsecondary credentials ,with respect to an eligible worker who is in the second year of a program position that is part of an on-the-job training program that leads to a recognized postsecondary credential1 the employer share of the eligible costs of wages and compensation for the project shall be #ej percent4 ,that employer share for such a worker shall remain #ej percent regardless of any change in the unemployment rate of the covered area4 7#b7 ,recalculation ,the employer share under subparagraphs 7,a7 and 7,b7 of paragraph 7#a7 shall be recalculated for the local board once per calendar quarter1 using the unemployment rate from the calendar quarter in the #ab-month period preceding the calculation with the highest average unemployment rate in the covered area4 7#c7 ,modification ,the requirements of this subsection may be modified under section #e7;e74 7j7 ,requirements for the ,secretary of ,labor ,the ,secretary shall-- 7#a7 oversee jobs programs funded under this ,act to ensure that program requirements are being met1 and verify that requests for ,federal funding accurately reflect eligible costs2 7#b7 perform random1 periodic audits to determine compliance with this ,act2 7#c7 provide payments to local boards for the eligible costs described in subsection 7h71 minus any employer share of the eligible costs described in subsection 7i72 7#d7 evaluate the performance of jobs programs carried out under this section2 7#e7 establish a clearinghouse to identify and publicize best practices used by local boards carrying out such jobs programs under this ,act2 7#f7 provide technical assistance to local boards1 and to ,state boards that are providing assistance to local boards1 carrying out such jobs programs under this ,act2 7#g7 conduct outreach to ,state boards1 local boards1 employers1 and eligible workers to maximize opportunities for participation in jobs programs by eligible workers1 in furtherance of the purpose of this ,act as described in section #b1 by providing job opportunities for as many eligible workers as possible2 and 7#h7 administer this ,act in consultation with the ,secretary of ,education1 the ,secretary of ,housing and ,urban ,development1 the ,secretary of ,health and ,human ,services1 the ,attorney ,general1 and the ,secretary of ,veterans ,affairs4 7k7 ,role of ,state boards ,in order to assist local boards in carrying out programs under this ,act1 a ,state board may-- 7#a7 work with local boards to develop statewide strategies to implement programs under this ,act2 7#b7 facilitate coordination of programs carried out under this ,act with the activities carried out under-- 7,a7 the plan submitted by the corresponding ,state board under subtitle ,a of title ,i of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caaa et seq472 7,b7 the employment and training program established by the corresponding ,state under the supplemental nutrition assistance program established under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq472 7,c7 the corresponding ,state program for temporary assistance for needy families established under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq472 and 7,d7 the national service plan submitted by the corresponding ,state ,commission on ,national and ,community ,service under section #agh of the ,national and ,community ,service ,act of #aiij 7#db ,u4,s4,c4 #abfch72 7#c7 assist local boards in the process of submitting applications under this ,act2 and 7#d7 provide technical assistance to local boards and employers participating in programs under this ,act4 7l7 ,payment 7#a7 ,advance payment ,the ,secretary may provide a payment under this ,act1 as described in subsection 7a71 for a quarter on the basis of an advance estimate of expenditures submitted by the local board and any other investigation the ,secretary may find necessary4 7#b7 ,retrospective adjustment ,the ,secretary may reduce or increase a payment referred to in paragraph 7#a7 for a quarter as necessary to adjust for any overpayment or underpayment resulting from such a payment in a previous quarter4 7#c7 ,reimbursement ,the ,secretary may provide a reimbursement payment under this ,act1 as described in subsection 7a71 for a quarter on the basis of the actual expenditures of the local board1 if payment has not already been made under this subsection for the same expenditure4 7m7 ,mandatory funding ,for the purpose of carrying out this section1 there is authorized to be appropriated and there is appropriated1 out of any money in the ,treasury not otherwise appropriated1 such sums as may be necessary for fiscal year #bjbj and each subsequent fiscal year4 #e4 ,grants for high-poverty areas and areas with chronically low employment rates 7a7 ,definitions ,in this section3 7#a7 ,high-poverty area ,the term high-poverty area means an area in which the poverty rate1 as determined by the ,bureau of the ,census1 has been not less than #bj percent for a period of not less than #c years4 7#b7 ,prime working-age employment-to-population ratio ,the term prime working-age employment-to-population ratio1 used with respect to an area1 means the ratio of the number of individuals age #be through #ed in the area who are employed1 to the number of individuals age #be through #ed in the area4 7b7 ,establishment ,the ,secretary shall award grants on a competitive basis to local boards 7including community-based organizations1 consistent with section #d7;d77#d77;,d771 that carry out jobs programs described in section #d1 to provide for added costs related to carrying out the programs with modified standards specified in subsection 7e71 with the purpose of achieving economic development and job growth through the programs4 ,the ,secretary shall award the grants for periods of #d years1 and pay such grants as provided under section #d7l74 7c7 ,application ,to be eligible to receive a grant under this section1 a local board shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require1 including-- 7#a7 a credible plan for the jobs program involved to achieve performance accountability measures described in section #d7;c7 through modified standards described in subsection 7e71 and sustain that achievement in the long term without permanent support from a grant awarded under this section2 7#b7 information that demonstrates stakeholder engagement in the jobs program from the public and private sectors1 especially major institutions such as institutions of higher education1 hospitals1 or other large employers and organizations1 that are located in the covered area2 and 7#c7 a credible plan to ensure that residents of the covered area are part of the operation of and benefit from the results of the jobs program1 which may include a plan to expand worker-owned enterprises1 expand small local businesses1 support start-up businesses owned by covered area residents1 or give covered area residents a role in carrying out the jobs program4 7d7 ,priority ,in selecting a local board to receive a grant under this section1 the ,secretary shall give priority to local boards proposing to serve-- 7#a7 high-poverty areas2 or 7#b7 areas for which the prime working-age employment-to-population ratio has been low1 relative to that ratio for the ,united ,states1 for a period of not less than #c years4 7e7 ,modification of certain standards ,in awarding a grant under this section to a local board1 the ,secretary is authorized to modify #a or more of the following standards for the program carried out by the local board1 if the ,secretary determines that making such a modification can be reasonably expected to help the program achieve the performance accountability measures referred to in subsection 7c77#a73 7#a7 ,the periods of time specified in subparagraphs 7,c7 and 7,d7 of section #c7b74 7#b7 ,the limitation on the percentage or number of employees in program positions with a single participating employer1 as specified in section #d7;f77#d74 7#c7 ,the allowable duration of funding for wages and compensation as eligible costs1 for a program position1 as specified in section #d7;h77#b74 7#d7 ,the limitation on eligible costs for supportive services and training services1 as specified in section #d7;h77#c74 7#e7 ,the limitation on eligible costs for administration1 as specified in section #d7;h77#d74 7#f7 ,the employer share of eligible costs for wages and compensation1 as specified in section #d7;i74 7f7 ,evaluations ,the ,secretary shall-- 7#a7 evaluate the performance of jobs programs that receive funding under this section2 and 7#b7 identify and publicize best practices used by local boards carrying out jobs programs that receive funding under this section1 through the clearinghouse described in section #d7;j77#e74 7g7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year #bjbj and each subsequent fiscal year4