,,ii #aafth ,,congress #b;d ,session ,s4 #dajg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #cj1 #bjbj ,mr4 ,wyden 7for himself1 ,ms4 ,baldwin1 ,mr4 ,van ,hollen1 ,mr4 ,bennet1 and ,mr4 ,booker7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to amend the ,social ,security ,act to establish a new employment1 training1 and supportive services program for unemployed and underemployed individuals and individuals with barriers to employment1 to provide employment services to individuals who are unemployed or underemployed as a result of ,,covid-#ai1 and for other purposes4 #a4 ,short title2 amendment to ,social ,security ,act2 table of contents 7a7 ,short title ,this ,act may be cited as the ,jobs for ,economic ,recovery ,act of #bjbj4 7b7 ,amendments to ,social ,security ,act ,except as otherwise specifically provided1 whenever in this ,act an amendment is expressed in terms of an amendment to or repeal of a section or other provision1 the reference shall be considered to be made to that section or other provision of the ,social ,security ,act4 7c7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 amendment to ,social ,security ,act2 table of contents4 ,sec4 #b4 ,purpose4 ,sec4 #c4 ,employment1 training1 and supportive services program4 ,sec4 #d4 ,employee retention work opportunity credit4 ,sec4 #e4 ,conforming amendments4 ,sec4 #f4 ,effective date2 regulations4 #b4 ,purpose ,the purposes of this ,act are the following3 7#a7 ,to provide immediate funding for subsidized employment programs that will create job opportunities for individuals who have become unemployed or underemployed as a result of ,,covid-#ai when it is safe to provide such opportunities1 taking into account the need to prevent the spread or recurrence of ,,covid-#ai4 7#b7 ,to expand subsidized employment programs that reconnect unemployed and underemployed workers to the workforce4 7#c7 ,to drive economic recovery by allowing for sufficient ,state and local flexibility to create or expand programs that place workers in jobs that fill community-specific workforce gaps and meet employer needs4 7#d7 ,to prevent long-term joblessness and structural unemployment and provide work opportunities for individuals with barriers to employment4 #c4 ,employment1 training1 and supportive services program 7a7 ,establishment ,the ,social ,security ,act 7#db ,u4,s4,c4 #cja et seq47 is amended by inserting after title ,,xii the following3 ,,xiii ,reemployment and ,other ,job-,related ,assistance and ,benefits #acja4 ,purpose2 definitions2 administration 7a7 ,purpose ,the purpose of this title is to provide funds to ,states1 ,indian tribes1 local governments1 and nonprofit organizations to initiate and expand the provision of employment services1 training and other services and activities1 and supportive services for eligible individuals in order to-- 7#a7 promote subsidized employment programs for public1 private for-profit1 private non-profit1 and employment social enterprise sector jobs that enable unemployed or underemployed individuals to earn income and connect to the workforce2 7#b7 expand the availability of jobs during economic downturns or in areas with high unemployment or poverty2 7#c7 provide economically and socially disadvantaged individuals and individuals with barriers to employment 7such as the long-term unemployed1 people with criminal records1 former foster youth1 and other economically and socially disadvantaged populations7 with wages and the ability to gain job experience2 7#d7 provide employers with new pathways into the workforce development system enabling them to have a greater role in the training and hiring of new workers and labor market re-entrants and facilitating their transition from subsidized job placements to unsubsidized employment2 and 7#e7 allow for sufficient flexibility for ,states1 ,indian tribes1 local governments1 and nonprofit organizations to design programs targeted at community-specific workforce gaps and employer needs4 7b7 ,definitions ,in this title3 7#a7 ,adult and dislocated worker employment and training activities ,the term adult and dislocated worker employment and training activities means adult and dislocated worker employment and training activities funded under chapter #c of subtitle ,b of title ,i of the ,workforce ,innovation and ,opportunity ,act4 7#b7 ,dislocated worker ,the term dislocated worker has the meaning given that term in section #c of the ,workforce ,innovation and ,opportunity ,act4 7#c7 ,eligible individual ,the term eligible individual means an individual who1 on the basis of an assessment by the ,state1 has been determined to be unlikely to find unsubsidized employment due to-- 7,a7 being an individual with a barrier to employment2 7,b7 being a dislocated worker2 or 7,c7 a period of economic downturn or adverse local or national economic conditions4 7#d7 ,employment services ,the term employment services means a subsidized job placement 7including a transitional job described in section #acd7;d77#e7 of the ,workforce ,innovation and ,opportunity ,act7 in the public1 private for-profit1 private non-profit1 or employment social enterprise sector and includes payment or reimbursement of employer subsidies for wages1 the employer share of payroll taxes1 employer costs for unemployment insurance1 employer costs for workers' compensation premiums1 and costs attributable to supervision and other administration directly related to the employment of an eligible individual in the subsidized job placement4 7#e7 ,indian tribe ,the term ,indian tribe has the meaning given that term in section #dai7d74 7#f7 ,individual with a barrier to employment ,the term individual with a barrier to employment has the meaning given that term in section #c of the ,workforce ,innovation and ,opportunity ,act and includes an individual who is an offender 7as defined in such section74 7#g7 ,integrated education and training ,the term integrated education and training has the meaning given that term in section #c of the ,workforce ,innovation and ,opportunity ,act4 7#h7 ,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#i7 ,period of economic downturn ,the term period of economic downturn means1 with respect to a ,state1 a period of one or more consecutive months during which1 for each month of such period-- 7,a7 the average rate of total unemployment in the ,united ,states 7seasonally adjusted7 for the most recent #c months for which data is available is at least #e4e percent2 or 7,b7 the average rate of total unemployment in such ,state 7seasonally adjusted7 for the most recent #c months for which data for all ,states is available is at least #e4e percent4 7#aj7 ,supportive services 7,a7 ,in general ,the term supportive services has the meaning given that term in section #c of the ,workforce ,innovation and ,opportunity ,act4 7,b7 ,additional services ,such term includes any of the following3 7i7 ,stipends for an eligible individual provided with unpaid training services4 7ii7 ,legal services4 7iii7 ,other supplemental services necessary for an eligible individual to participate in the ,state program funded under this title4 7#aa7 ,state expenditures ,the term ,state expenditures means all ,state or local funds that are expended by the ,state or a local agency including ,state or local funds that are matched or reimbursed by the ,federal ,government and ,state or local funds that are not matched or reimbursed by the ,federal ,government4 7#ab7 ,tier-#a practice ,subject to subsection 7c71 the term tier-#a practice means a practice that-- 7,a7 offers a new or potentially effective strategy for addressing widely shared workforce challenges2 and 7,b7 has not been systematically studied but is supported by a strong logic model4 7#ac7 ,tier-#b practice ,subject to subsection 7c71 the term tier-#b practice means a practice that will expand knowledge about the efficacy of a workforce strategy and provide more information about the feasibility of implementing proven workforce strategies in different contexts and is1 with respect to a ,state-- 7,a7 a practice that has been implemented by a ,state program and evaluated by a ,state or by a third party and the evaluation results indicate potential for positive impacts on participant or system-wide outcomes2 or 7,b7 a practice that has not been previously implemented by the ,state1 but is supported by evidence of positive change and has been evaluated before using a pre- and post-assessment comparison between intervention and comparison groups and suggests some statistically significant evidence of positive change4 7#ad7 ,tier-#c practice ,subject to subsection 7c71 the term tier-#c practice means with respect to a ,state1 a practice that-- 7,a7 previously has been implemented by a program funded by a ,state2 and 7,b7 previously has been evaluated using a random assignment or quasi-experimental design and the evaluation findings indicate some statistically significant positive impacts on participant or system wide outcomes4 7#ae7 ,training and other services or activities ,the term training and other services or activities means any of the following services or activities if provided in conjunction with1 including in preparation for1 a subsidized job placement and determined by the ,state as necessary to significantly increase the likelihood that the job placement will be successful for the employer and employee and may improve the prospect of obtaining and retaining unsubsidized jobs3 7,a7 ,services provided through adult and dislocated worker employment and training activities4 7,b7 ,integrated education and training4 7,c7 ,education directly related to employment4 7,d7 ,vocational and employment services integrated with trauma-informed substance use disorder treatment1 in collaboration with a substance use disorder treatment provider4 7,e7 ,casework and job coaching4 7,f7 ,union-provided employment services1 including labor-management training4 7c7 ,outcome measures required ,a practice shall not be considered to be a tier-#a1 tier-#b1 or tier-#c practice unless the practice is intended1 studied1 or evaluated for purposes of making meaningful improvements in validated measures of important outcomes for eligible individuals and their families1 such as recidivism1 health1 employment1 and economic well-being over the short and long-term4 7d7 ,administration ,subject to section #acjb7;d71 the program under this title shall be administered by the ,secretary through the ,assistant ,secretary for the ,administration for ,children and ,families within the ,department of ,health and ,human ,services and in consultation with the ,secretary of ,labor as appropriate4 7e7 ,appropriated entitlement 7#a7 ,in general ,this title establishes an entitlement to payments under this title for ,states1 ,indian tribes and tribal consortiums1 and local governments with plans approved under this title4 7#b7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out this title for each fiscal year beginning with fiscal year #bjbj1 such sums as are necessary4 #acjb4 ,state plan requirements 7a7 ,in general ,a ,state is not eligible for payment under section #acjd unless the ,state has submitted to the ,secretary a plan that describes-- 7#a7 the ,state's strategy for creating or expanding programs that offer subsidized employment for eligible individuals and moving such individuals into unsubsidized employment2 7#b7 how such strategy fits with the ,state's overall strategy for1 and assessment of1 the ,state's workforce needs2 7#c7 the employment services1 training and other services or activities1 and supportive services to be provided under the ,state program funded under this title2 7#d7 which specific populations of eligible individuals the ,state will serve1 with a focus on how the ,state plans to assess and serve the eligible individuals with serious or multiple barriers to employment2 7#e7 the strategies the ,state will use for outreach and engagement with the populations specified under paragraph 7#d7 to ensure that such populations are aware of subsidized employment opportunities in their community2 7#f7 the strategies the ,state will use to ensure that its programs do not systematically exclude the eligible individuals with the greatest barriers to employment2 7#g7 the strategies the ,state will use for outreach1 engagement1 and ongoing collaboration with employers to promote employers' use of the program and ensure employers have the training necessary to support eligible individuals2 7#h7 the strategies the ,state will use to create employment plans for eligible individuals participating in the ,state program funded under this title and1 based on such plans1 provide eligible individuals with employment services1 training and other services and activities1 and supportive services2 7#i7 how the ,state will coordinate the ,state program funded under this title with other relevant systems and programs based on the populations identified which may include criminal justice1 child support1 juvenile justice1 child welfare1 homeless services1 unemployment insurance1 and other human services and workforce development programs of the ,state1 including programs supported through the ,workforce ,innovation and ,opportunity ,act2 7#aj7 how the ,state will ensure employers participating in the program comply with the nondisplacement requirements of section #acje7;c72 7#aa7 a plan for regular1 well-executed evaluation of the ,state program funded under this title1 including how the ,state plans to measure program outcomes and impacts and whether the ,state plans to employ a quasi-experimental or experimental research design2 7#ab7 how the ,state will address gaps in employment and earnings by race1 ethnicity1 age1 and gender and collect data to measure progress in addressing those gaps2 7#ac7 how the ,state will incorporate feedback from eligible individuals participating in the ,state program to improve the program over time2 and 7#ad7 such information about other aspects of the plan as the ,secretary may request4 7b7 ,other requirements ,the ,state shall include with the plan a certification that supportive services for eligible individuals will supplement1 and not supplant1 other assistance provided by the ,state4 7c7 ,deadlines for submission 7#a7 ,initial plan ,the initial ,state plan under this section shall be submitted by the ,state agency or agencies responsible for administering the ,state program under this title to the ,secretary not later than #ij days prior to the commencement of the ,state program funded under this title and shall be for the period beginning on the first day of the commencement of the ,state program funded under the title and ending on the day that is the last day of the period covered by the unified ,state plan or combined ,state plan submitted by the ,state under section #ajb or #ajc of the ,workforce ,innovation and ,opportunity ,act that is in effect as of the date of submission4 7#b7 ,subsequent plans ,each ,state plan submitted under this section after the initial ,state plan shall be submitted at the same time and apply for the same period1 as a unified ,state plan or a combined ,state plan submitted by the ,state under section #ajb or #ajc of the ,workforce ,innovation and ,opportunity ,act4 7#c7 ,approval ,each ,state plan submitted under this section by the ,state agency or agencies responsible for administering the ,state program under this title1 and any amendments to the plan1 shall be subject to the approval of the ,secretary1 in consultation with the ,secretary of ,labor as appropriate4 7d7 ,state agency ,at the option of the ,state1 the program funded under this title shall be administered by the lead ,state agency responsible for administering the ,state program funded under part ,a of title ,,iv1 the lead ,state agencies responsible for administering the adult and dislocated worker employment and training activities of the ,state1 or jointly by such agencies4 #acjc4 ,use of funds 7a7 ,authorized uses 7#a7 ,in general ,subject to paragraph 7#b71 a ,state shall use funds paid under section #acjd to provide eligible individuals with-- 7,a7 employment services2 7,b7 training and other services and activities2 and 7,c7 supportive services while eligible individuals are provided with employment services and training and other services and activities4 7#b7 ,spending requirement ,not less than #gj percent of the total amount paid to a ,state for a fiscal year quarter shall be for expenditures attributable to employment services that are payment for or reimbursement of employer costs for wages1 the employer share of payroll taxes1 employer costs for unemployment insurance1 employer costs for workers' compensation premiums1 or costs for employer-provided on-the-job training for subsidized job placements of eligible individuals4 7#c7 ,training ,a ,state may use such funds for training employers1 agency personnel1 and other individuals related to the administration of the ,state program funded under this title on issues related to providing eligible individuals with employment services1 training and other services and activities1 and supportive services4 7#d7 ,administrative costs ,subject to section #acjd7;e71 a ,state may use such funds for the proper and efficient administration of the ,state program funded under this title4 7b7 ,evidence-,based practices and actual job placements required 7#a7 ,in general ,subject to paragraph 7#c71 only ,state expenditures for employment services1 training and other services and activities1 and supportive services provided to eligible individuals that meet the following conditions shall be eligible for a ,federal matching payment under section #acjd3 7,a7 ,the employment services1 training and other services and activities1 supportive services are provided in accordance with practices that meet the requirements for being considered a tier-#a1 tier-#b1 or tier-#c practice4 7,b7 ,the ,state can demonstrate that the employment services1 training and other services and activities1 and supportive services provided for an eligible individual resulted in employment 7subsidized or unsubsidized7 for the eligible individual1 or can demonstrate good cause for why the job placement or employment did not occur1 which may include the failure of an employer or an eligible individual to carry out the employer's or individual's commitments to the ,state program4 7#b7 ,tier-#b or tier-#c practices ,beginning with the #bast fiscal year quarter for which the ,state carries out the program funded under this title1 not less than #ej percent of the total amount expended by the ,state for the quarter shall be for employment services1 training and other services and activities1 and supportive services provided in accordance with practices that meet the requirements for being considered a tier-#b or tier-#c practice4 7#c7 ,periods of economic downturn ,the ,secretary may waive any of the limitations on eligible expenditures under paragraphs 7#a7 and 7#b7 with respect to one or more ,state programs funded under this title during any period of economic downturn in the ,state4 7c7 ,evaluations ,a ,state shall be eligible to receive a payment under section #acjd for budgeted expenditures attributable to evaluating the ,state program funded under this title if-- 7#a7 the ,state submits to the ,secretary a description of and budget for the proposed evaluation2 and 7#b7 the ,secretary determines that-- 7,a7 the budget for the proposed evaluation is justifiable2 and 7,b7 the design and approach of the proposed evaluation is rigorous1 will use data to statistically measure program outcomes and impacts1 and is likely to yield information that is credible and will be useful to the ,state4 #acjd4 ,payments to ,states 7a7 ,payments to ,states ,subject to section #acjc and subsections 7b7 and 7c7 of this section1 beginning with the first fiscal year quarter for which a ,state plan is approved under this title1 and for each quarter thereafter1 the ,secretary shall pay each ,state1 out of any money in the ,treasury not otherwise appropriated1 an amount equal to the ,federal medical assistance percentage that applies for the fiscal year to the ,state under section #aije7;b7 7without regard to any adjustments to such percentage applicable under that section or any other provision of law7 of the total amount expended by the ,state during the quarter to provide eligible individuals with employment services1 training and other services and activities1 and supportive services and1 subject to subsection 7e71 for the proper and efficient administration of the program funded under this title4 7b7 ,increased ,federal support during economic downturns 7#a7 ,increased ,,fmap 7,a7 ,in general ,beginning with any fiscal year quarter for which the total unemployment in a ,state 7seasonally adjusted7 for the period consisting of the most recent #c months for which data for all ,states are published equals or exceeds the applicable percentage specified in paragraph 7#b71 the ,federal medical assistance percentage applicable to payments made under subsection 7a7 to the ,state for the quarter shall be increased by the applicable number of percentage points specified in paragraph 7#b71 except that in no case shall the ,federal medical assistance percentage applicable to payments under subsection 7a7 for a ,state for a quarter exceed #ajj percent4 7,b7 ,duration 7i7 ,in general ,subject to clause 7ii71 an increase in the ,federal medical assistance percentage made in accordance with this subsection shall remain in effect with respect to payments made to a ,state under subsection 7a7 for at least #d consecutive fiscal year quarters4 7ii7 ,additional increase in unemployment ,if during the period for which the ,federal medical assistance percentage for a ,state is increased under this subsection1 the total unemployment in the ,state 7seasonally adjusted7 for the period consisting of the most recent #c months for which data for all ,states are published exceeds the applicable total unemployment rate that was the basis for such increase1 the increase in the ,federal medical assistance percentage shall be the applicable number of percentage points specified in paragraph 7#b7 that corresponds to the most recent percentage of total unemployment in the ,state1 beginning with the first fiscal year quarter for which such percentage of total unemployment occurs and continuing for #c succeeding fiscal year quarters4 7#b7 ,applicable percentage2 applicable number of percentage points ,for purposes of paragraph 7#a71 if the total unemployment in a ,state 7seasonally adjusted7 for the period consisting of the most recent #c months for which data for all ,states are published is-- 7,a7 equal to or greater than #e4e percent but less than #f percent1 the applicable number of percentage points is #bj2 7,b7 equal to or greater than #f percent but less than #f4e percent1 the applicable number of percentage points is #cj2 7,c7 equal to or greater than #f4e percent but less than #g percent1 the applicable number of percentage points is #dj2 and 7,d7 equal to or greater than #g percent1 the applicable number of percentage points is #ej4 7c7 ,maintenance of effort ,as a condition of receiving payments under this section for a fiscal year-- 7#a7 the total amount of ,state expenditures for employment services1 training and other services and activities1 and supportive services provided through the adult and dislocated worker employment and training activities of the ,state for the fiscal year shall not be less than the amount of such expenditures for fiscal year #bjai2 and 7#b7 the total amount of ,state expenditures for work1 education1 and training activities and work supports under the ,state program funded under part ,a of title ,,iv shall not be less than the total amount of such ,state expenditures for the preceding fiscal year4 7d7 ,administration of payments 7#a7 ,in general ,prior to the beginning of each fiscal quarter1 the ,secretary shall estimate the amount to which a ,state will be entitled under this section for such quarter1 based on-- 7,a7 a report filed by the ,state containing its estimate of the total sum to be expended in such quarter to provide eligible individuals with employment services1 training and other services and activities1 and supportive services through the program funded under this title2 and 7,b7 such other investigation as the ,secretary may find necessary4 7#b7 ,payments ,the ,secretary shall then pay to the ,state1 in such installments as the ,secretary shall determine1 the amount so estimated1 reduced or increased to the extent of any overpayment or underpayment which the ,secretary determines was made under this section to such ,state for any prior quarter and with respect to which adjustment has not already been made under this subsection4 7e7 ,limitation ,beginning with the fifth fiscal year quarter for which a ,state plan is approved under this title1 and for each quarter thereafter1 a ,state shall not receive a payment under this section for amounts expended by the ,state during the quarter for the proper and efficient administration of the program funded under this title that exceed the amount equal to #ae percent of the amount expended by the ,state during the quarter to provide eligible individuals with employment services1 training and other services and activities1 and supportive services4 7f7 ,planning and implementation grants2 technical assistance 7#a7 ,in general ,in addition to amounts available to make payments to ,states under subsection 7a71 the ,secretary shall make grants to ,states1 ,indian tribes 7or intertribal consortiums with a tribal family assistance plan approved under section #dab71 and local governments for costs attributable to the planning and implementation of a ,state or tribal program funded under this title and shall provide technical assistance to ,states and ,indian tribes with respect to the planning and implementation of such a program4 7#b7 ,requirements 7,a7 ,community engagement ,as a condition of receiving a grant under this subsection1 a ,state or ,indian tribe shall engage local communities1 including focus groups of target populations of eligible individuals and employers1 in the planning and implementation of the ,state or tribal program funded under this title4 7,b7 #b-year limit ,no ,state or ,indian tribe shall receive a grant under this subsection for more than #h quarters4 7,c7 ,no matching payment required ,no matching payment shall apply to the grants made under this subsection4 #acje4 ,other program requirements 7a7 ,assessment and employment plan 7#a7 ,in general ,the ,state shall establish procedures to-- 7,a7 assess1 within #cj days of determining that an individual is an eligible individual1 the eligible individual's job skills1 education1 past work experience1 and potential barriers to employment2 and 7,b7 create1 based on such assessment1 an individualized employment plan for each eligible individual participating in the program that-- 7i7 specifies-- 7,i7 the initial plan for the eligible individual1 including whether the eligible individual is to immediately begin working in a subsidized job or needs training and other services and activities1 or supportive services before that placement can occur2 and 7,,ii7 the employment services that will be provided to the eligible individual1 as well as the training and other services and activities1 and supportive services that will be provided to the eligible individual while the eligible individual is working in a subsidized job2 and 7ii7 provides that1 near the end of the individual's initial placement in a subsidized job1 an assessment will be made regarding whether the eligible individual will be converted to a permanent1 unsubsidized employee1 and if not1 the job search assistance and additional employment services1 training and other services and activities1 and supportive services that will be provided to the eligible individual with the goal of obtaining and retaining unsubsidized employment4 7#b7 ,no discrimination against individuals with highest barriers to employment ,the ,state shall ensure that the procedures established under paragraph 7#a7 do not result in an eligible individual being disqualified from receiving employment services on the basis of the individual's barriers to employment4 7#c7 ,nondiscrimination ,the ,state shall ensure that the procedures established under paragraph 7#a7 do not have the effect of making any eligible individual less likely to receive employment services on the basis of the individual's race1 sex1 religious creed1 national origin1 or political affiliation4 7b7 ,employment standards and criteria for subsidized jobs 7#a7 ,general requirements ,any subsidized job placement for an eligible individual participating in the ,state program funded under this title shall satisfy the following requirements3 7,a7 ,employment services that are payment for or reimbursement of employer costs may only be used by an employer in the public1 private for-profit1 private non-profit1 or employment social enterprise sector for costs that are attributable to the hiring of1 compensation for1 or on-the-job training of1 the eligible individual4 7,b7 ,an employer in the public1 private for-profit1 private non-profit1 or employment social enterprise sector shall not be paid a subsidy that exceeds #abj percent of wage costs4 7,c7 ,an eligible individual in a subsidized job placement shall be paid at a rate that is not less than whichever of the following is highest3 7i7 the minimum hourly wage rate applicable to the individual under the laws of the ,state or locality in which the individual is employed2 7ii7 the wage rate applicable under section #f of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf72 7iii7 if determined appropriate by the ,state program funded under this title1 the prevailing wage rate in the locality in which the individual is employed as determined by the ,secretary of ,labor1 based on area surveys of wage rates conducted by the ,department of ,labor2 and 7iv7 where a collective-bargaining agreement covers employees at the site of the subsidized job placement1 a rate set for the eligible individual in accordance with the rates provided for in the agreement1 including prospective wage increases provided for in the agreement4 7,d7 ,an eligible individual in a subsidized job placement shall be covered by all relevant labor and employment laws4 7,e7 ,subject to paragraph 7#e71 a subsidized job placement for an eligible individual shall not exceed #f months unless the placement is extended for not more than #f additional months for purposes of improving the work experience1 training and other services and activities1 and supportive services needs of an eligible individual with less prior work experience1 more skill development and training needs1 or greater employment barriers4 7,f7 ,employers participating in the ,state program agree to make a good faith effort to hire an eligible individual placed in a subsidized job in their employment if the individual has demonstrated satisfactory performance and the employer has a relevant job opening available and to maintain a record of the share of subsidized workers hired to unsubsidized positions on a permanent basis4 7,g7 ,employers shall ensure that the site of employment is a location where an eligible individual in a subsidized job placement 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 persons4 7,h7 ,for a site of employment at which workers are covered by a collective bargaining agreement1 no subsidized job placement shall be made at the site without the consent of all labor organizations representing workers at such site4 7,i7 ,in a case where the ,state is considering placing an eligible individual with an employer who has previously participated in the ,state program1 the ,state shall consider feedback from workers previously placed with that employer when determining whether to continue placing eligible individuals in subsidized jobs with that employer4 7,j7 ,a subsidized job placement in a government agency shall be subject to the same civil service protections otherwise applicable to similar jobs at such agency4 7,k7 ,an eligible individual who works on average at least #cj hours of service per week in a subsidized job placement with an employer shall be treated as a full-time employee of such employer for purposes of section #dihj;,h of the ,internal ,revenue ,code of #aihf4 7#b7 ,employer of record 7,a7 ,in general ,with respect to eligible individuals in subsidized job placements1 the employer of record may be-- 7i7 the employer for whom the individual performs work2 7ii7 the ,state or a political subdivision of the ,state2 or 7iii7 a third party that has entered into an agreement with the ,state to serve as the employer of record with respect to eligible individuals participating in the ,state program funded under this title4 7,b7 ,evaluations ,if the employer of record with respect to an eligible individual in a subsidized job placement is not the employer for whom the individual performs work1 any employer evaluation required under this title with respect to such job placement shall include an evaluation of both the employer of record and the employer for whom the individual performs work4 7#c7 ,limitation on subsidized job placements per employer 7,a7 ,in general ,no more than #aj percent of the employees of an employer may be eligible individuals whose employment with such employer is subsidized under this title1 except that-- 7i7 an employer with fewer than #aj employees may employ one such individual2 7ii7 an employer with more than #ejj employees may not employ more than #ej such individuals2 7iii7 there shall be no limitation on the number of subsidized job placements per employer if the employer's mission1 as reviewed and evaluated by the ,state on an annual basis1 includes the provision of employment services1 training and other services and activities1 or supportive services to individuals with barriers to employment1 subject to the ,state program's annual review of the outcomes and experiences of eligible individuals in subsidized job placements with the employer4 7,b7 ,application to employers of record ,for purposes of the limitations described in subparagraph 7,a71 if an eligible individual in a subsidized job placement performs work for an employer that is not the individual's employer of record-- 7i7 the individual shall not be considered to be employed by the employer of record2 and 7ii7 the individual shall be considered to be employed by the employer for whom the individual performs work4 7#d7 ,additional placements ,if1 after completing a subsidized job placement1 an eligible individual is unemployed for at least #d weeks 7regardless of whether such weeks are consecutive71 the eligible individual may apply for a new subsidized job placement but the immediately subsequent placement may only be with a different employer 7but may be with the same employer of record1 provided that the individual is performing work for a different employer than the employer for whom the individual performed work in the previous subsidized job placement74 7#e7 ,state variation permitted ,employer subsidies for a subsidized job placement may vary within a ,state and among ,states carrying out programs under this title provided that all eligible individuals employed in subsidized jobs shall be paid not less than the rate specified in subsection 7b77#a77;,c7 and shall be covered by all relevant labor and employment laws4 7#f7 ,exceptions ,with respect to any period for which the total unemployment in a ,state 7seasonally adjusted7 for the period consisting of the most recent #c months for which data for all ,states are published equals or exceeds #e4e percent1 the ,secretary may waive the limit on the duration of a subsidized job placement under paragraph 7#a77;,e74 7c7 ,nondisplacement ,an employer shall not use an eligible individual subsidized job placement 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 or position of the employer2 7#b7 such individual will assume any of the duties or responsibilities of an employee who is participating in a strike1 collective bargaining1 or union organizing2 7#c7 employing such individual infringes upon the promotional opportunities of an existing employee of the employer2 or 7#d7 such individual will perform the same work or substantially the same work as that performed by any individual who has been laid off or partially displaced and has not received an offer from the employer to be restored to the position the employee had immediately prior to being laid off or partially displaced4 7d7 ,grievance procedures ,the ,state shall establish and maintain a procedure for the filing and adjudication of grievances from eligible individuals1 labor organizations1 and other interested individuals concerning participating employers1 including grievances relating to proposed placements of eligible workers with such employers4 #acjf4 ,reports2 technical assistance2 research2 audit requirement 7a7 ,quarterly reports 7#a7 ,state reports ,a ,state shall submit with each quarterly report required under section #daa7;a77#a7 a report on the ,state program funded under this title that contains such data and information as the ,secretary shall require4 7#b7 ,reports to ,congress ,the ,secretary shall submit with each annual report to ,congress required under section #daa7;b7 a report on the ,state programs funded under this title4 7b7 ,ongoing performance assessment 7#a7 ,in general ,the ,secretary shall study and submit annual reports to ,congress that-- 7,a7 measure the performances of the ,state programs funded under this title2 7,b7 include information about the categories of individuals and employers served by such programs and projects1 including the extent to which the ,state is serving the individuals with the greatest barriers to employment2 and 7,c7 describe the activities eligible individuals engaged in during the year and evaluate the quality of the services provided under such programs4 7#b7 ,timing of submissions ,the ,secretary shall submit the reports required by paragraph 7#a7-- 7,a7 in the case of the first such report1 #b years after the date on which the first ,state program funded under this title is established2 and 7,b7 in the case of subsequent reports1 annually thereafter4 7c7 ,alignment with ,workforce ,innovation and ,opportunity ,act programs ,the ,secretary shall coordinate with the ,secretary of ,labor on aligning performance measures and regulations for the ,state programs funded under this title with the performance measures and regulations applicable to the core programs of ,states funded under the ,workforce ,innovation and ,opportunity ,act4 7d7 ,individual eligibility assessment guidance ,the ,secretary1 in consultation with the ,secretary of ,labor as appropriate1 shall study and issue guidance to ,states on best practices for assessing whether an individual satisfies the criteria for being an eligible individual under section #acja7;b77#c7 as being unlikely to find unsubsidized employment due to individual barriers1 the individual's status as a displaced worker1 or economic conditions in the ,state in which the individual lives or works4 7e7 ,new performance measures 7#a7 ,in general ,the ,secretary shall create new performance measures that address income and earnings gains1 job quality improvement1 and poverty reduction 7relative to both the official poverty line and the supplemental poverty measure7 for eligible individuals participating in the ,state program funded under this title and the families of such individuals4 ,such performance measures shall be in addition to the performance accountability measures under section #aaf7;b7 of the ,workforce ,innovation and ,opportunity ,act for the adult and dislocated worker employment and training activities of the ,state and aligned with the ,state program funded under this title4 7#b7 ,program access ,the ,secretary shall create a measure of program access to determine the extent to which ,states are serving individuals with the greatest barriers to employment and the portion of ,state caseloads that are made up of such workers4 7f7 ,coordination of data collection 7#a7 ,in general ,the ,secretary1 in consultation with the ,secretary of ,labor1 shall determine the data ,states shall collect and report regarding the ,state program funded under this title and the extent to which that data collection and reporting1 and required evaluations1 can be coordinated with the data collection1 reporting1 and evaluations required for the ,state program funded under part ,a of title ,,iv and the performance accountability measures under section #aaf7;b7 of the ,workforce ,innovation and ,opportunity ,act for the adult and dislocated worker employment and training activities of the ,state4 7#b7 ,coordination with other efforts ,the ,secretary1 in consultation with the ,secretary of ,labor and the ,secretary of ,education1 shall assure that the data collected under this title aligns as much as possible with efforts to collect longitudinal data related to the performance of education1 training1 and workforce programs4 7g7 ,disaggregated data ,data collected and submitted under this section shall be disaggregated by race1 ethnicity1 age1 gender1 and occupational category4 7h7 ,funding ,the ,secretary shall use funding made available under section #dac7;h77#a7 for research1 technical assistance1 and evaluation to conduct the performance assessments required under subsection 7b74 7i7 ,inspector general audit ,the ,inspector ,general of the ,department of ,health and ,human ,services shall biennially audit a sample of the ,state programs funded under this title to ensure compliance with program requirements1 including compliance with the nondisplacement requirements of section #acje7;c71 and to identify and protect against any waste1 fraud1 or abuse in such programs4 #acjg4 ,direct funding and administration for programs operated by ,indian tribes 7a7 ,in general ,an ,indian tribe or intertribal consortium with a tribal family assistance plan approved under section #dab 7or any ,indian tribe that is a member of such a consortium7 that proposes to establish a program under this title shall submit an application to the ,secretary to directly receive payments for expenditures made to carry out the program 7in this section referred to as a tribal program application74 7b7 ,tribal program application requirements ,subject to subsection 7c71 a tribal program application shall include a plan that meets the requirements of section #acjb in the same manner as such requirements apply to a ,state4 7c7 ,program requirements ,the program requirements specified in this title shall apply to an ,indian tribe or intertribal consortium with a tribal program application and plan approved under this section in the same manner as such requirements apply to a ,state except to the extent that an ,indian tribe or intertribal consortium requests1 and the ,secretary approves1 a waiver or modification of any such requirements4 7d7 ,payments 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary shall pay an ,indian tribe or intertribal consortium with a tribal program application and plan approved under this section in the same manner as ,states are paid under section #acjd4 7#b7 ,application of tribal ,,fmap ,the ,federal medical assistance percentage that would apply under subsection 7d7 of section #dgi;,b if an ,indian tribe or tribal consortium operated a program under that section 7in this subsection referred to as the tribal ,,fmap71 shall apply to payments made to the ,indian tribe or tribal consortium for expenditures attributable to carrying out a program under this title1 unless the tribal ,,fmap is less than the ,federal medical assistance percentage that applies to the ,state in which the ,indian tribe or tribal consortium is located in which case the ,state ,federal medical assistance percentage shall apply4 ,in the case of an ,indian tribe or tribal consortium that is located in more than one ,state1 the ,state in which the ,indian tribe or tribal consortium is located that has the highest ,federal medical assistance percentage shall apply to the preceding sentence4 #acjh4 ,direct funding and administration for programs operated by local governments 7a7 ,in general ,the ,secretary shall establish procedures under which a local government1 or a consortium of local governments within a ,state1 may submit an application to the ,secretary to establish a program under this title and directly receive payments for expenditures made to carry out the program 7in this section referred to as a local government program application71 if-- 7#a7 the ,state in which the local government or consortium is located has not elected to establish a ,state program under this title2 or 7#b7 the local government or consortium can demonstrate that a local program would meet a need or serve a population that is not met or sufficiently served by the ,state program under this title4 7b7 ,local government program application requirements ,subject to subsection 7c71 a local government program application shall include a plan that meets the requirements of section #acjb in the same manner as such requirements apply to a ,state4 7c7 ,program requirements ,the program requirements specified in this title shall apply to a local government or consortium with a local government program application and plan approved under this section in the same manner as such requirements apply to a ,state except to the extent that a local government or consortium requests1 and the ,secretary approves1 a waiver or modification of any such requirements4 7d7 ,payments ,the ,secretary shall pay a local government or consortium with a local government program application and plan approved under this section in the same manner as ,states are paid under section #acjd4 #acji4 ,grants to nonprofit organizations 7a7 ,in general ,the ,secretary1 in consultation with the ,secretary of ,labor1 shall award multi-year grants on a competitive basis to nonprofit organizations that submit applications to carry out employment services programs4 7b7 ,scope of grants ,grants under this subsection may be regional programs or serve specific populations4 7c7 ,application process ,a nonprofit organization seeking a grant under this subsection shall submit an application to the ,secretary at such a time1 in such a manner1 and containing such information as the ,secretary may reasonably require4 7d7 ,selection ,the ,secretary shall select applicants to receive a grant under this subsection based on-- 7#a7 the applicant's level of experience and commitment to providing subsidized jobs2 7#b7 the applicant's demonstrated ability to recruit individuals of the region or other specific population served by the grant and provide work opportunities for such individuals2 and 7#c7 such other criteria as the ,secretary determines appropriate4 7e7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out this subsection for each of fiscal years #bjbj through #bjbe1 such sums as are necessary4 4 7b7 ,study regarding incentives for program performance 7#a7 ,in general ,the ,secretary of ,health and ,human ,services shall enter into an agreement with the ,national ,academy of ,sciences to evaluate ,state programs carried out under part ,a of title ,,xiii of the ,social ,security ,act 7as added by subsection 7a774 ,the evaluation shall analyze the relationships between engagement1 impacts1 and outcome measures4 ,the evaluation shall also examine the issue of program performance and include recommendations to ,congress as to whether and how program performance could be tied to fiscal incentives4 7#b7 ,report ,not later than #g years after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services shall submit to ,congress a report containing the results of the evaluation conducted under paragraph 7#a71 together with recommendations for such legislation and administrative action as the ,secretary determines appropriate4 7c7 ,public information about availability of employment services ,not later than ,january #a1 #bjbb1 the ,secretary of ,health and ,human ,services shall make information publicly available to jobseekers 7either on a website established for such purpose or on an existing ,federal online resource that provides information to jobseekers7 about-- 7#a7 whether they are eligible for employment services under a ,state1 local government1 or tribal program under title ,,xiii of the ,social ,security ,act 7as added by subsection 7a772 and 7#b7 the appropriate ,state1 local government1 or tribal agency to contact for further information about such services and programs4 #d4 ,employee retention work opportunity credit 7a7 ,in general ,section #ea of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subsection3 7l7 ,employee retention credit 7#a7 ,in general ,the amount of the work opportunity credit determined under subsection 7a7 for the taxable year shall be increased by an amount equal to #dj percent of the qualified second-year wages for such year with respect to previously subsidized employees4 7#b7 ,qualified second-year wages 7,a7 ,in general ,for purposes of this subsection1 the term qualified second-year wages means qualified wages 7determined as if previously subsidized employees were members of a targeted group7-- 7i7 which are paid to a previously subsidized employee1 and 7ii7 which are attributable to service rendered during the #a-year period beginning on the day after the last day of the #a-year period with respect to such employee determined under subsection 7b77#b74 7,b7 ,limitation ,the amount of the qualified second-year wages which may be taken into account with respect to any individual shall not exceed #f1jjj per year4 7#c7 ,previously subsidized employee ,for purposes of this subsection1 the term previously subsidized employee means an individual who is hired by an employer through the subsidized employment program under title ,,xiii of the ,social ,security ,act and who has been employed by the same employer for a consecutive #bd months as of the last day of the preceding taxable year4 4 7b7 ,,gao study ,the ,comptroller ,general of the ,united ,states shall conduct a study on the employee retention credit under section #ea7l7 of the ,internal ,revenue ,code of #aihf and1 not later than #f months after the last day of the second taxable year beginning after the date of the enactment of this ,act1 shall report to the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives-- 7#a7 whether such retention credit had a meaningful impact on retention as compared with other currently existing and previous subsidized employment programs2 and 7#b7 whether such retention credit was easily understood by employers and had an impact on hiring decisions in addition to any subsidy received under title ,,xiii of the ,social ,security ,act4 7c7 ,extension of work opportunity credit ,paragraph 7#d7 of section #ea7;c7 of the ,internal ,revenue ,code of #aihf is amended by striking ,december #ca1 #bjbj and inserting ,december #ca1 #bjbb4 7d7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this ,act4 #e4 ,conforming amendments 7a7 ,,tanf 7#a7 ,state plan ,section #djb 7#db ,u4,s4,c4 #fjb7 is amended-- 7,a7 in subsection 7a77#a7-- 7i7 in subparagraph 7,a77iii71 by inserting or employment services1 training and other services and activities1 and supportive services provided under the ,state program funded under title ,,xiii before the period2 and 7ii7 in subparagraph 7,b7-- 7,i7 in clause 7iv71 by inserting 1 unless the parent or caretaker is participating in the ,state program funded under title ,,xiii before the period2 and 7,,ii7 by adding at the end the following3 7,,vi7 ,the document shall indicate whether the ,state elects to carry out a ,state program to provide employment services1 training and other services and activities1 and supportive services under title ,,xiii4 2 and 7,b7 by adding at the end the following3 7d7 ,state option ,to submit plan that aligns with the ,state plan under title ,,xiii ,a ,state may elect to submit the ,state plan required under this section at the same time and in the same manner1 and to apply for the same period1 as the ,state plan required under section #acjb4 4 7#b7 ,participation in the ,state employment1 training1 and supportive services program under title ,,xiii-,a deemed to be meeting work participation requirements ,section #djg7;c77#b7 7#db ,u4,s4,c4 #fjg7;c77#b77 is amended by adding at the end the following3 7,e7 ,participation in the ,state employment1 training1 and supportive services program under title ,,xiii-,a deemed to be meeting work participation requirements ,for purposes of determining monthly participation rates under paragraphs 7#a77;,b77i7 and 7#b77;,b7 of subsection 7b71 the following individuals are deemed to be engaged in work for a month3 7i7 ,recipients ,any recipient who is participating in the ,state employment1 training1 and supportive services program under title ,,xiii 7for any number of hours per week during the month7 and is receiving assistance under the ,state program funded under this part or under any ,state program funded with qualified ,state expenditures 7as defined in section #dji7;a77#g77;,b77i774 7ii7 ,individuals who would otherwise be recipients ,any individual who is participating in the ,state employment1 training1 and supportive services program under title ,,xiii 7for any number of hours per week during the month7 and would be a recipient of assistance under the ,state program funded under this part or under any ,state program funded with qualified ,state expenditures 7as defined in section #dji7;a77#g77;,b77i77 but for the individual's participation in the ,state employment1 training and supportive services program under title ,,xiii4 4 7#c7 ,tribal programs ,section #dab7;b7 7#db ,u4,s4,c4 #fab7;b77 is amended by adding at the end the following3 7#d7 ,option to submit plan that aligns with the ,state plan under title ,,xiii-,a ,subsection 7d7 of section #djb shall apply to a tribal family assistance plan in the same manner as that section applies to a plan under that section4 4 7b7 ,title ,,xi ,section #aaja7;a77#a7 of such ,act 7#db ,u4,s4,c4 #acja7;a77#a77 is amended by striking title ,,xx and inserting titles ,,xiii and ,,xx4 7c7 ,internal ,revenue ,code ,section #ea7;c77#b77;,b7 of the ,internal ,revenue ,code of #aihf is amended by striking section #dhb7;e7 and inserting title ,,xiii4 7d7 ,table of contents for title ,,xiii ,title ,,xiii1 as added by section #c7;a71 is amended by inserting the following before section #acja3 ,title ,,xiii--,reemployment and ,other ,job-,related ,assistance and ,benefits ,sec4 #acja4 ,purpose2 definitions2 administration4 ,sec4 #acjb4 ,state plan requirements4 ,sec4 #acjc4 ,use of funds4 ,sec4 #acjd4 ,payments to ,states4 ,sec4 #acje4 ,other program requirements4 ,sec4 #acjf4 ,reports2 technical assistance2 research2 audit requirement4 ,sec4 #acjg4 ,direct funding and administration for programs operated by ,indian tribes4 ,sec4 #acjh4 ,direct funding and administration for programs operated by local governments4 ,sec4 #acji4 ,grants to nonprofit organizations4 4 #f4 ,effective date2 regulations 7a7 ,effective date ,except as provided in section #d7;d71 the amendments made by this ,act shall take effect on ,january #a1 #bjbb4 7b7 ,option ,to accelerate funding 7#a7 ,in general ,if the ,secretary of ,health and ,human ,services receives from a ,state1 ,indian tribe1 or unit of local government1 a written notice1 in such form and manner and containing such information as the ,secretary shall require1 that the ,state1 ,indian tribe1 or unit of local government is operating1 or wishes to operate1 an employment assistance program1 then1 during the period beginning on the first day of the first fiscal quarter that begins on or after the date that the ,secretary receives such notice and ending on ,december #ca1 #bjba1 the ,secretary shall make payments to the ,state1 ,indian tribe1 or unit of local government under paragraph 7#c74 7#b7 ,definitions ,in this subsection3 7,a7 ,employment assistance program ,the term employment assistance program means a program operated by a ,state1 ,indian tribe1 or local government that provides qualified program assistance1 including a program funded under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #dja et seq47 or any other ,state1 tribal1 or local program financed with ,federal funds4 7,b7 ,qualified program assistance ,the term qualified program assistance means employment services1 training and other services and activities1 or supportive services 7as such terms are defined in section #acja7;b7 of the ,social ,security ,act1 as added by section #c71 including any such services designed to reemploy individuals who are unemployed or underemployed for reasons related to ,,covid-#ai1 but shall not include any employment services1 training and other services and activities or supportive services that cannot be provided in a manner that is safe for both program administrators and participants due to a ,,covid-#ai outbreak4 7#c7 ,payments 7,a7 ,in general ,subject to subparagraph 7,b71 the ,secretary shall pay to any ,state1 ,indian tribe1 or local government that has a notice in effect under paragraph 7#a7 for a fiscal quarter with respect to an employment assistance program1 an amount equal to the amount that such ,state1 tribe1 or local government would receive under title ,,xiii of the ,social ,security ,act 7as added by section #c7 if-- 7i7 such title were in effect with respect to such ,state1 tribe1 or local government2 7ii7 the ,state1 tribe1 or local government had a plan that met all requirements of such title and was approved under such title for such fiscal quarter1 and the amounts expended by the ,state1 tribe1 or local government on qualified program assistance under such program1 were amounts expended by the ,state1 tribe1 or local government to provide such assistance under such plan2 and 7iii7 the requirements of sections #acjc1 #acjd7;c71 #acje1 and #acjf of such title did not apply4 7,b7 ,limitations 7i7 ,no duplicate funding ,for purposes of subparagraph 7,a71 in determining the amounts expended by a ,state1 tribe1 or local government under an employment assistance program to provide qualified program assistance1 the total amount of ,state expenditures on such assistance shall be reduced by the amount of ,federal funds 7other than funds paid under this subsection7 that have been paid or that are expected to be paid to the ,state1 tribe1 or local government with respect to such assistance4 7ii7 ,no funding for administrative expenses unrelated to qualified program assistance ,no payment shall be made to a ,state1 ,indian tribe1 or local government under this subsection for administrative expenses of an employment assistance program that are not attributable to the administration of qualified program assistance4 7c7 ,regulations ,the ,secretary of ,health and ,human ,services1 in consultation with the ,secretary of ,labor as appropriate1 shall-- 7#a7 not later than #ad days after the date of enactment of this ,act1 issue guidance to ,states on how to seek accelerated funding under subsection 7b72 7#b7 not later than #f months after the date of the enactment of this ,act1 issue proposed regulations for the purpose of implementing title ,,xiii of the ,social ,security ,act 7as added by section #b of this ,act71 including regulations establishing uniform data collection requirements2 and 7#c7 not later than #a year after the date of enactment of this ,act1 publish final regulations for such purpose4