113 HR 2721 IH: Pathways Back to Work Act of 2013
U.S. House of Representatives
2013-07-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the
Pathways Back to Work Act of
2013
.
2.Establishment of
Pathways Back to Work Fund
(a)There
is established in the Treasury of the United States an account, which shall be
known as the Pathways Back to Work Fund (referred to in this Act as the
Fund), consisting of the amounts as are paid to the Fund under
subsection (b).
(b)Out of any amounts in the general fund of the Treasury not
otherwise appropriated, there is appropriated $12,500,000,000, which shall be
paid to the Fund, to be used by the Secretary of Labor to carry out this
Act.
(c)The amounts appropriated under this Act shall be
available for obligation by the Secretary of Labor through December 31, 2014,
and shall be available for expenditure by recipients of grants and subgrants
under this Act through September 30, 2015.
3.
(a)Using the amounts available through the Fund under
section 2(b), the Secretary of Labor shall, subject to subsection (b)—
(1)allot
$8,000,000,000 in accordance with section 4 to provide subsidized employment to
unemployed, low-income adults;
(2)allot
$2,500,000,000 in accordance with section 5 to provide summer employment and
year-round employment opportunities to low-income youth; and
(3)use $2,000,000,000
in accordance with section 6 to award grants on a competitive basis to local
entities to carry out work-based training and other work-related and
educational strategies and activities of demonstrated effectiveness to
unemployed, low-income adults and low-income youth to provide the skills and
assistance needed to obtain employment.
(b)The
Secretary of Labor may reserve not more than 1 percent of the amounts available
through the Fund under each of paragraphs (1) through (3) of subsection (a) to
pay for the costs of technical assistance, evaluations, and Federal
administration of this Act.
4.Subsidized
employment for unemployed, low-income adults
(a)
(1)From
the funds available under section 3(a)(1), the Secretary of Labor shall make an
allotment under subsection (b) to each State that has a State plan approved
under subsection (c) and to each outlying area and recipient under section
166(c) of the Workforce Investment Act of 1998 (29 U.S.C. 2911(c)) that meets
the requirements of this section, for the purpose of providing subsidized
employment opportunities to unemployed, low-income adults.
(2)Not
later than 30 days after the date of enactment of this Act, the Secretary of
Labor, in coordination with the Secretary of Health and Human Services, shall
issue guidance regarding the implementation of this section. Such guidance
shall, consistent with this section, include procedures for the submission and
approval of State and local plans and the allotment and allocation of funds,
including reallotment and reallocation of such funds, that promote the
expeditious and effective implementation of the activities authorized under
this section.
(b)
(1)Reservations for
outlying areas and tribesOf the funds described in subsection
(a)(1), the Secretary shall reserve—
(A)not more than
1/4 of 1 percent to provide assistance to outlying areas
to provide subsidized employment to unemployed, low-income adults; and
(B)1.5 percent to
provide assistance to recipients under section 166(c) of the Workforce
Investment Act of 1998 (relating to Native Americans; 29 U.S.C. 2911(c)) to
provide subsidized employment to unemployed, low-income adults.
(2)After
determining the amounts to be reserved under section 3(b) and paragraph (1),
the Secretary of Labor shall allot the remainder of the funds described in
subsection (a)(1) among the States by allotting—
(A)one-third on the
basis of the relative number of unemployed individuals in areas of substantial
unemployment in each State, compared to the total number of unemployed
individuals in areas of substantial unemployment in all States;
(B)one-third on the
basis of the relative excess number of unemployed individuals in each State,
compared to the total excess number of unemployed individuals in all States;
and
(C)one-third on the
basis of the relative number of disadvantaged adults and youth in each State,
compared to the total number of disadvantaged adults and youth in all
States.
(3)For
purposes of the formula described in paragraph (2)—
(A)Area of
substantial unemploymentThe term area of substantial
unemployment means any contiguous area that has a population of at least
10,000, and that has an average rate of unemployment of at least 6.5 percent
for the most recent 12 months, as determined by the Secretary.
(B)Disadvantaged
adult or youthThe term disadvantaged adult or youth
means an individual who is age 16 or older (subject to section
132(b)(1)(B)(v)(I) of the Workforce Investment Act of 1998 (29 U.S.C.
2862(b)(1)(B)(v)(I))) who received an income, or is a member of a family that
received a total family income, that, in relation to family size, does not
exceed the higher of—
(i)the
poverty line; or
(ii)70
percent of the lower living standard income level.
(C)The term excess number means, used with
respect to unemployed individuals in a State, the higher of—
(i)the
number that represents the number of unemployed individuals in excess of 4.5
percent of the civilian labor force in the State; or
(ii)the
number that represents the number of unemployed individuals in excess of 4.5
percent of the civilian labor force in areas of substantial unemployment in
such State.
(4)If
the Governor of a State does not submit a State plan by the date specified in
subsection (c)(2)(B), or a State does not receive approval of a State plan, the
amount the State would have been eligible to receive pursuant to the formula
under paragraph (2) shall be transferred within the Fund and added to the
amounts available for competitive grants under section 3(a)(3).
(c)
(1)For a State to be eligible to receive an allotment of
funds under subsection (b), the Governor of the State shall submit to the
Secretary of Labor a State plan in such form and containing such information as
the Secretary may require. At a minimum, such plan shall include—
(A)a description of
the strategies and activities to be carried out by the State, in coordination
with employers in the State, to provide subsidized employment opportunities to
unemployed, low-income adults, including strategies relating to the level and
duration of subsidies consistent with subsection (e)(2);
(B)a description of
the requirements the State will apply relating to the eligibility of
unemployed, low-income adults, consistent with section 8, for subsidized
employment opportunities, which requirements may include criteria to target
assistance to particular categories of such adults, such as individuals with
disabilities or individuals who have exhausted all rights to unemployment
compensation;
(C)a description of
how the funds allotted to provide subsidized employment opportunities will be
administered in the State and (if administered by entities described in
subsection (d)(1)(A)) in local areas, in accordance with subsection (d);
(D)a description of
the performance outcomes to be achieved by the State through the activities
carried out under this section and the processes the State will use to track
performance, consistent with guidance provided by the Secretary of Labor
regarding such outcomes and processes and with section 7(b);
(E)a description of
the coordination of activities to be carried out with the funds provided under
this section with activities under title I of the Workforce Investment Act of
1998 (29 U.S.C. 2801 et seq.), the program of block grants to States for
temporary assistance for needy families established under part A of title IV of
the Social Security Act (referred to in this Act as the TANF
program; 42 U.S.C. 601 et seq.) and other appropriate Federal and State
programs that may assist unemployed, low-income adults in obtaining and
retaining employment;
(F)a description of
the timelines for implementation of the activities described in subparagraph
(A), and the number of unemployed, low-income adults expected to be placed in
subsidized employment by calendar quarter;
(G)assurances that
the State will report such information as the Secretary of Labor may require
relating to fiscal, performance, and other matters as the Secretary determines
is necessary to effectively monitor the activities carried out under this
section; and
(H)assurances that
the State will ensure compliance with the requirements, restrictions, labor
standards, and other provisions described in section 7(a).
(2)Submission and
approval of State plan
(A)Submission with
other plansThe State plan described in paragraph (1) may be
submitted in conjunction with the State plan modification or other request for
funds by the State required under section 5, and may be submitted as a
modification to a State plan that has been approved under section 112 of the
Workforce Investment Act of 1998 (29 U.S.C. 2822).
(B)
(i)The
Governor shall submit the State plan described in paragraph (1) to the
Secretary of Labor not later than 75 days after the date of enactment of this
Act and the Secretary of Labor shall make a determination regarding the
approval or disapproval of such plan not later than 45 days after the
submission of such plan. If the plan is disapproved, the Secretary of Labor may
provide a reasonable period of time in which the plan may be amended and
resubmitted for approval.
(ii)The
Secretary of Labor shall approve a State plan that the Secretary determines is
consistent with the requirements of this section and reasonably appropriate and
adequate to carry out the objectives of this section. If the plan is approved,
the Secretary shall allot funds to the State under subsection (b) within 30
days after such approval.
(3)Modifications to
State planThe Governor may submit a modification to a State plan
under this subsection, consistent with the requirements of this section.
(d)Administration
within the State
(1)The
State may administer the funds for activities under this section
through—
(A)the State and
local entities responsible for the administration of the formula program of
workforce investment activities for adults under subtitle B of title I of the
Workforce Investment Act of 1998;
(B)the State agency
or agencies responsible for the administration of the TANF program; or
(C)a combination of
the entities and agency or agencies described in subparagraphs (A) and
(B).
(2)
(A)The Governor may reserve not more than 5 percent of the
funds made available through the allotment under subsection (b)(2), for
administration and technical assistance, and shall allocate the remainder, in
accordance with the option elected under paragraph (1)—
(i)among local
workforce investment areas within the State in accordance with subparagraphs
(A), (B), and (C) of subsection (b)(2), except that for purposes of such
allocation references to a State in such subsection shall be deemed to be
references to a local workforce investment area and references to all States
shall be deemed to be references to all local workforce investment areas in the
State involved, and not more than 10 percent of the funds so allocated to a
local workforce investment area may be used for the costs of administration of
this section; or
(ii)through entities
responsible for the provision of services under the TANF program to local
populations in such manner as the State agency or agencies responsible for the
administration of the TANF program may determine to be appropriate.
(B)
(i)In a case in which the responsibility for the
administration of the activities described in subsection (e) is to be carried
out by the entities described in paragraph (1)(A), in order to receive an
allocation under subparagraph (A)(i), a local workforce investment board, in
partnership with the chief elected official of the local workforce investment
area involved, shall submit to the Governor a local plan for the use of such
funds under this section not later than 30 days after the submission of the
State plan. Such local plan may be submitted as a modification to a local plan
approved under section 118 of the Workforce Investment Act of 1998 (29 U.S.C.
2828).
(ii)The
local plan described in clause (i) shall contain the information described in
subparagraphs (A) through (H) of subsection (c)(1), as applied to the local
workforce investment area.
(iii)The
Governor shall approve or disapprove the local plan submitted under clause (i)
not later than a date (referred to in this clause as the final
determination date) that is the later of the 30th day after the
submission of the local plan or the 30th day after the approval of the State
plan. The Governor shall approve the local plan unless the Governor determines
that the plan is inconsistent with the requirements of this section or is not
reasonably appropriate and adequate to carry out the objectives of this
section. If the Governor has not made a determination by the final
determination date, the plan shall be considered to be approved. If the plan is
disapproved, the Governor may provide a reasonable period of time in which the
plan may be amended and resubmitted for approval. If the plan is approved, the
Governor shall allocate funds to the local workforce investment area involved
under subparagraph (A)(i) within 30 days after such approval.
(C)Reallocation of
funds to local workforce investment areasIf a local workforce
investment board and chief elected official do not submit a local plan by the
date specified in subparagraph (B)(i), or the Governor disapproves a local
plan, the amount the local workforce investment area would have been eligible
to receive pursuant to the formula under subparagraph (A)(i) shall be allocated
to local workforce investment areas that receive approval of their local plans
under subparagraph (B). Each such local workforce investment area shall receive
a share of the total amount available for reallocation under this subparagraph,
in accordance with the area's share of the total amount allocated under
subparagraph (A)(i) to such local workforce investment areas.
(e)
(1)The funds made available under this section shall be used
to provide subsidized employment for unemployed, low-income adults. The
entities described in subsection (d)(1) may use a variety of strategies in
recruiting employers and identifying appropriate employment opportunities, but
shall give priority to providing employment opportunities likely to lead to
unsubsidized employment in emerging or in-demand occupations in the area served
through the grant involved. Funds made available under this section may be used
to provide support services, such as transportation and child care, that are
necessary to enable the participation of such adults in subsidized employment
opportunities.
(2)Level of subsidy
and durationThe entities described in subsection (d)(1) may
determine the percentage of the wages and costs of employing a participant for
which an employer may receive a subsidy with the funds made available under
this section, and the duration of such subsidy, in accordance with guidance
issued by the Secretary in coordination with the Secretary of Health and Human
Services. The entities may establish criteria for determining such percentage
or duration, using appropriate factors such as the size of the employer and
types of employment.
(f)Coordination of
Federal administrationThe Secretary of Labor shall administer
this section in coordination with the Secretary of Health and Human Services to
ensure the effective implementation of this section.
5.Summer employment
and year-round employment opportunities for low-income and disconnected
youth
(a)From the funds available under section 3(a)(2), the
Secretary of Labor shall make an allotment under subsection (c) to each State
that has a modification to a State plan approved under section 112 of the
Workforce Investment Act of 1998 (29 U.S.C. 2822) (referred to in this section
as a State plan modification) (or other State request for funds
specified in guidance under subsection (b)) approved under subsection (d) and
to each outlying area and recipient under section 166(c) of the Workforce
Investment Act of 1998 (29 U.S.C. 2911(c)) (referred to in this section as a
Native American grantee) that meets the requirements of this
section, for the purpose of providing summer employment and year-round
employment opportunities to low-income youth.
(b)Guidance and
application of requirements
(1)Not
later than 20 days after the date of enactment of this Act, the Secretary of
Labor shall issue guidance regarding the implementation of this section.
(2)Such
guidance shall, consistent with this section, include procedures for—
(A)the submission and
approval of State plan modifications, for such other forms of requests for
funds by the State as may be identified in such guidance, for modifications to
local plans approved under section 118 of the Workforce Investment Act of 1998
(29 U.S.C. 2833) (referred to individually in this section as a local
plan modification), or for such other forms of requests for funds by
local workforce investment areas as may be identified in such guidance, that
promote the expeditious and effective implementation of the activities
authorized under this section; and
(B)the allotment and
allocation of funds, including reallotment and reallocation of such funds that
promote such implementation.
(3)Except
as otherwise provided in the guidance described in paragraph (1) and in this
section and other provisions of this Act, the funds provided for activities
under this section shall be administered in accordance with the provisions of
subtitles B and E of title I of the Workforce Investment Act of 1998 (29 U.S.C.
2811 et seq., 2911 et seq.) relating to youth activities.
(c)
(1)Reservations for
outlying areas and tribesOf the funds described in subsection
(a), the Secretary shall reserve—
(A)not more than
1/4 of 1 percent to provide assistance to outlying areas
to provide summer employment and year-round employment opportunities to
low-income youth; and
(B)1.5 percent to
provide assistance to Native American grantees to provide summer employment and
year-round employment opportunities to low-income youth.
(2)After
determining the amounts to be reserved under section 3(b) and paragraph (1),
the Secretary of Labor shall allot the remainder of the funds described in
subsection (a) among the States in accordance with the subparagraphs (A), (B),
and (C) of section 4(b)(2).
(3)If
the Governor of a State does not submit a State plan modification or other
State request for funds specified in guidance under subsection (b) by the date
specified in subsection (d)(2)(B), or a State does not receive approval of such
State plan modification or request, the amount the State would have been
eligible to receive pursuant to the formula under paragraph (2) shall be
transferred within the Fund and added to the amounts available for competitive
grants under section 3(a)(3).
(d)
(1)For a State to be eligible to receive an allotment of
funds under subsection (c), the Governor of the State shall submit to the
Secretary of Labor a State plan modification, or other State request for funds
specified in guidance under subsection (b), in such form and containing such
information as the Secretary may require. At a minimum, such State plan
modification or request shall include—
(A)a description of
the strategies and activities to be carried out to provide summer employment
opportunities and year-round employment opportunities, including linkages to
training and educational activities, consistent with subsection (f);
(B)a description of
the requirements the States will apply relating to the eligibility of
low-income youth, consistent with section 8, for summer employment
opportunities and year-round employment opportunities, which requirements may
include criteria to target assistance to particular categories of such
low-income youth, such as youth with disabilities, consistent with subsection
(f);
(C)a description of
the performance outcomes to be achieved by the State through the activities
carried out under this section and the processes the State will use to track
performance, consistent with guidance provided by the Secretary of Labor
regarding such outcomes and processes and with section 7(b);
(D)a description of
the timelines for implementation of the activities described in subparagraph
(A), and the number of low-income youth expected to be placed in summer
employment opportunities, and year-round employment opportunities,
respectively, by calendar quarter;
(E)assurances that
the State will report such information as the Secretary may require relating to
fiscal, performance, and other matters as the Secretary determines is necessary
to effectively monitor the activities carried out under this section;
(F)assurances that
the State will ensure compliance with the requirements, restrictions, labor
standards, and other provisions described in section 7(a); and
(G)for any employment
opportunity that will provide participants with an industry-recognized
credential, a description of the credential.
(2)Submission and
approval of State plan modification or request
(A)The
Governor shall submit the State plan modification or other State request for
funds specified in guidance under subsection (b) to the Secretary of Labor not
later than 30 days after the issuance of such guidance. The State plan
modification or other State request for funds may be submitted in conjunction
with the State plan required under section 4.
(B)The
Secretary of Labor shall approve the State plan modification or request
submitted under subparagraph (A) within 30 days after submission, unless the
Secretary determines that the plan or request is inconsistent with the
requirements of this section. If the Secretary has not made a determination
within that 30-day period, the plan or request shall be considered to be
approved. If the plan or request is disapproved, the Secretary may provide a
reasonable period of time in which the plan or request may be amended and
resubmitted for approval. If the plan or request is approved, the Secretary
shall allot funds to the State under subsection (c) within 30 days after such
approval.
(3)Modifications to
State plan or requestThe Governor may submit further
modifications to a State plan modification or other State request for funds
specified under subsection (b), consistent with the requirements of this
section.
(e)Within-State
allocation and administration
(1)Of the funds allotted to the State under subsection (c),
the Governor—
(A)may reserve not
more than 5 percent of the funds for administration and technical assistance;
and
(B)shall allocate the
remainder of the funds among local workforce investment areas within the State
in accordance with subparagraphs (A), (B), and (C) of section 4(b)(2), except
that for purposes of such allocation references to a State in such subsection
shall be deemed to be references to a local workforce investment area and
references to all States shall be deemed to be references to all local
workforce investment areas in the State involved. Not more than 10 percent of
the funds so allocated to a local workforce investment area may be used for the
costs of administration of this section.
(2)
(A)In
order to receive an allocation under paragraph (1)(B), the local workforce
investment board, in partnership with the chief elected official for the local
workforce investment area involved, shall submit to the Governor a local plan
modification, or such other request for funds by local workforce investment
areas as may be specified in guidance under subsection (b), not later than 30
days after the submission by the State of the State plan modification or other
State request for funds specified in guidance under subsection (b), describing
the strategies and activities to be carried out under this section.
(B)The
Governor shall approve the local plan modification or other local request for
funds submitted under subparagraph (A) within 30 days after submission, unless
the Governor determines that the plan or request is inconsistent with
requirements of this section. If the Governor has not made a determination
within that 30-day period, the plan shall be considered to be approved. If the
plan or request is disapproved, the Governor may provide a reasonable period of
time in which the plan or request may be amended and resubmitted for approval.
If the plan or request is approved, the Governor shall allocate funds to the
local workforce investment area within 30 days after such approval.
(3)If
a local workforce investment board and chief elected official do not submit a
local plan modification (or other local request for funds specified in guidance
under subsection (b)) by the date specified in paragraph (2), or the Governor
disapproves a local plan, the amount the local workforce investment area would
have been eligible to receive pursuant to the formula under paragraph (1)(B)
shall be allocated to local workforce investment areas that receive approval of
their local plan modifications or local requests for funds under paragraph (2).
Each such local workforce investment area shall receive a share of the total
amount available for reallocation under this subparagraph, in accordance with
the area's share of the total amount allocated under paragraph (1)(B) to such
local workforce investment areas.
(f)
(1)The funds made available under this section shall be
used—
(A)to provide summer
employment opportunities for low-income youth, with direct linkages to academic
and occupational learning, and may be used to provide supportive services, such
as transportation or child care, that is necessary to enable the participation
of such youth in the opportunities; and
(B)to provide
year-round employment opportunities, which may be combined with other
activities authorized under section 129 of the Workforce Investment Act of 1998
(29 U.S.C. 2854), to low-income youth, giving priority to out-of-school youth
who are—
(i)high
school dropouts; or
(ii)recipients of a
secondary school diploma or its recognized equivalent but who are basic skills
deficient, unemployed, or underemployed.
(2)In administering the funds under this section, the
local board and chief elected official shall give priority to—
(A)identifying
employment opportunities that are—
(i)in
emerging or in-demand occupations in the local workforce investment area;
or
(ii)in
the public or nonprofit sector and meet community needs; and
(B)linking
participants in year-round employment opportunities to training and educational
activities that will provide such participants with an industry-recognized
credential.
(3)Performance
accountabilityFor activities funded under this section, in lieu
of meeting the requirements described in section 136 of the Workforce
Investment Act of 1998 (29 U.S.C. 2871), States and local workforce investment
areas shall provide such reports as the Secretary of Labor may require
regarding the performance outcomes described in section 7(b)(5).
6.Work-related and
educational strategies and activities of demonstrated effectiveness
(a)From the funds available under section 3(a)(3), the
Secretary of Labor shall award grants on a competitive basis to eligible
entities to carry out work-related and educational strategies and activities of
demonstrated effectiveness.
(b)To be eligible to receive a grant under ths section, an
entity—
(1)shall
include—
(A)a partnership
involving a chief elected official, and the local workforce investment board
for the local workforce investment area involved (which may include a
partnership with elected officials and workforce investment boards in the
region and in the State); or
(B)an entity eligible
to apply for a grant, contract, or agreement under section 166 of the Workforce
Investment Act of 1998 (29 U.S.C. 2911); and
(2)may include, in
combination with a partnership or entity described in paragraph (1)—
(A)employers or
employer associations;
(B)adult education
providers or postsecondary educational institutions, including community
colleges;
(C)community-based
organizations;
(D)joint
labor-management committees;
(E)work-related
intermediaries; or
(F)other appropriate
organizations.
(c)To
be eligible to receive a grant under this section, an entity shall submit to
the Secretary of Labor an application at such time, in such manner, and
containing such information as the Secretary may require. At a minimum, the
application shall—
(1)describe the
strategies and activities of demonstrated effectiveness that the eligible
entity will carry out to provide unemployed, low-income adults and low-income
youth with skills that will lead to employment upon completion of participation
in such activities;
(2)describe the
requirements that will apply relating to the eligibility of unemployed,
low-income adults or low-income youth, consistent with section 8, for
activities carried out under this section, which requirements may include
criteria to target assistance to particular categories of such adults and
youth, such as individuals with disabilities or individuals who have exhausted
all rights to unemployment compensation;
(3)describe how the
strategies and activities will address the needs of the target populations
identified in paragraph (2) and the needs of employers in the local workforce
investment area;
(4)describe the
expected outcomes to be achieved by implementing the strategies and
activities;
(5)provide evidence
that the funds provided through the grant will be expended expeditiously and
efficiently to implement the strategies and activities;
(6)describe how the
strategies and activities will be coordinated with other Federal, State, and
local programs providing employment, education, and supportive
activities;
(7)provide evidence
of employer commitment to participate in the activities funded under this
section, including identification of anticipated occupational and skill
needs;
(8)provide assurances
that the eligible entity will report such information as the Secretary may
require relating to fiscal, performance, and other matters as the Secretary
determines is necessary to effectively monitor the activities carried out under
this section;
(9)provide assurances
that the eligible entity will ensure compliance with the requirements,
restrictions, labor standards, and other provisions described in section 7(a);
and
(10)for any activity
leading to the acquisition of an industry-recognized credential, a description
of the credential.
(d)In awarding grants under this section, the Secretary of
Labor shall give priority to applications submitted by eligible entities from
areas of high poverty and high unemployment, as defined by the Secretary, such
as Public Use Microdata Areas designated by the Bureau of the Census.
(e)An entity that receives a grant under this section shall
use the funds made available through the grant to support strategies and
activities of demonstrated effectiveness that are designed to provide
unemployed, low-income adults or low-income youth with skills that will lead to
employment as part of or upon completion of participation in such activities.
Such strategies and activities may include—
(1)on-the-job
training, registered apprenticeship programs, or other programs that combine
work with skills development;
(2)sector-based
training programs that have been designed to meet the specific requirements of
an employer or group of employers in that sector and for which employers are
committed to hiring individuals upon successful completion of the
training;
(3)training that
supports an industry sector or an employer-based or labor-management committee
industry partnership and that includes a significant work experience
component;
(4)activities that
lead to the acquisition of industry-recognized credentials in a field
identified by the State or local workforce investment area as a growth sector
or in-demand industry in which there are likely to be significant job
opportunities in the short term;
(5)activities that
provide connections to immediate work opportunities, including subsidized
employment opportunities, or summer employment opportunities for youth, that
include concurrent skills training and other supports;
(6)activities offered
through career academies that provide students with the academic preparation
and training, such as paid internships and concurrent enrollment in community
colleges or other postsecondary institutions, needed to pursue a career pathway
that leads to postsecondary credentials and high-demand jobs; and
(7)adult basic education and integrated basic
education and training for low-skilled adults that are tied to employer
workforce needs, hosted at community colleges or at other sites, to prepare
individuals for jobs that are in demand in a local workforce investment
area.
(f)Coordination of
Federal administrationThe Secretary of Labor shall administer
this section in coordination with the Secretary of Education, the Secretary of
Health and Human Services, and other appropriate agency heads, to ensure the
effective implementation of this section.
7.
(a)Labor standards
and protectionsActivities provided with funds made available
under this Act shall be subject to the requirements and restrictions, including
the labor standards, described in section 181 of the Workforce Investment Act
of 1998 (29 U.S.C. 2931) and the nondiscrimination provisions of section 188 of
such Act (29 U.S.C. 2938), in addition to other applicable Federal laws.
(b)The
Secretary shall require the reporting of information relating to fiscal,
performance, and other matters that the Secretary determines is necessary to
effectively monitor the activities carried out with funds provided under this
Act. At a minimum, recipients of grants or subgrants under this Act shall
provide information relating to—
(1)the number of
individuals participating in activities with funds provided under this Act and
the number of such individuals who have completed such participation;
(2)the expenditures
of funds provided under this Act;
(3)the number of jobs
created pursuant to the activities carried out under this Act;
(4)the demographic
characteristics of individuals participating in activities under this Act;
and
(5)the performance
outcomes for individuals participating in activities under this Act,
including—
(A)for adults
participating in activities funded under section 4 performance on indicators
consisting of—
(i)entry into
unsubsidized employment;
(ii)retention in
unsubsidized employment; and
(iii)earnings in
unsubsidized employment;
(B)for low-income
youth participating in summer employment activities under sections 5 and 6
performance on indicators consisting of—
(i)work
readiness skill attainment, using an employer-validated checklist;
(ii)placement in or
return to secondary or postsecondary education or training, or entry into
unsubsidized employment;
(C)for low-income
youth participating in year-round employment activities under section 5 or in
activities under section 6 performance on indicators consisting of—
(i)placement in or
return to postsecondary education;
(ii)attainment of a
secondary school diploma or its recognized equivalent;
(iii)attainment of an
industry-recognized credential; and
(iv)entry into
unsubsidized employment, retention, and earnings as described in subparagraph
(A); and
(D)for unemployed,
low-income adults participating in activities under section 6—
(i)entry into
unsubsidized employment, retention, and earnings as described in subparagraph
(A); and
(ii)attainment of an
industry-recognized credential.
(c)Activities
required To be additionalFunds provided under this Act shall
only be used for activities that are in addition to activities that would
otherwise be available in the State or local workforce investment area in the
absence of such funds.
(d)The Secretary of Labor may establish such additional
requirements as the Secretary determines may be necessary to ensure fiscal
integrity, effective monitoring, and appropriate and prompt implementation of
the activities under this Act.
(e)Report of
information and evaluations to Congress and the publicThe
Secretary of Labor shall provide to the appropriate committees of Congress and
make available to the public the information reported pursuant to subsection
(b) and the evaluations of activities carried out with the funds reserved under
section 3(b).
8.In this Act:
(1)The term chief elected official means the
chief elected executive officer of a unit of local government in a local
workforce investment area or in the case in which such an area includes more
than one unit of general government, the individuals designated under an
agreement described in section 117(c)(1)(B) of the Workforce Investment Act of
1998 (29 U.S.C. 2832(c)(1)(B)).
(2)Industry-recognized
credentialThe term industry-recognized credential
means such a credential within the meaning of section 3 of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C. 2302).
(3)Local workforce
investment areaThe term local workforce investment
area means such area designated under section 116 of the Workforce
Investment Act of 1998 (29 U.S.C. 2831).
(4)Local workforce
investment boardThe term local workforce investment
board means such board established under section 117 of the Workforce
Investment Act of 1998 (29 U.S.C. 2832).
(5)
(A)The term low-income youth means an
individual who is not younger than age 16 and not older than age 24 and is an
individual described in subparagraph (B) or (C).
(B)For purposes of this paragraph, an individual described in
this subparagraph—
(i)meets the
definition of a low-income individual provided in section 101(25) of the
Workforce Investment Act of 1998 (29 U.S.C. 2801(25)), except that—
(I)States and local
workforce investment areas, subject to approval in the applicable State plans
and local plans, may increase the income level specified in subparagraph (B)(i)
of such section to an amount not in excess of 200 percent of the poverty line
for purposes of determining eligibility for participation in activities under
section 5; and
(II)eligible entities
described in section 6(b), subject to approval in the applicable applications
for funds, may make such an increase for purposes of determining eligibility
for participation in activities under section 6; and
(ii)is
in one or more of the categories specified in section 101(13)(C) of the
Workforce Investment Act of 1998 (29 U.S.C. 2801(13)(C)).
(C)Youth eligible
for school lunchesFor purposes of this paragraph, an individual
described in this subparagraph receives or is eligible to receive a free or
reduced price lunch under the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.).
(6)The term outlying area means the United States
Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, and the Republic of Palau (except during any period for which the
Secretary of Labor determines that a Compact of Free Association is in effect
and provides for Federal assistance for education or training).
(7)The term poverty line means a poverty line as
defined in section 673 of the Community Services Block Grant Act (42 U.S.C.
9902), applicable to family of the size involved.
(8)Unemployed,
low-income adultThe term unemployed, low-income
adult means an individual who—
(A)is age 18 or
older;
(B)is without
employment and is seeking assistance under this Act to obtain employment;
and
(C)meets the
definition of a low-income individual specified in section 101(25) of the
Workforce Investment Act of 1998 (29 U.S.C. 2801(25)), except that—
(i)States and local
entities described in section 4(d)(1)(A), subject to approval in the applicable
State plans and local plans described in section 4, or a State agency or
agencies described in section 4(d)(1)(B), subject to approval in the State plan
described in section 4, may increase the income level specified in subparagraph
(B)(i) of such section 101(25) to an amount not in excess of 200 percent of the
poverty line for purposes of determining eligibility for participation in
activities under section 4; and
(ii)eligible entities
described in section 6(b), subject to approval in the applicable applications
for funds, may make such an increase for purposes of determining eligibility
for participation in activities under section 6.
(9)The
term State means each of the several States of the United States,
the District of Columbia, and the Commonwealth of Puerto Rico.