[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3174 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  2d Session
                                S. 3174

To establish an Interagency Council on Workforce Attachment to promote 
  effective and coordinated workforce attachment strategies, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 13, 2016

   Mr. King introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To establish an Interagency Council on Workforce Attachment to promote 
  effective and coordinated workforce attachment strategies, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Leveling Access to Demonstrated 
Drivers of Employment Results Act'' or the ``LADDER Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Council.--The term ``Council'' means the Interagency 
        Council on Workforce Attachment established in section 3.
            (2) Discouraged worker.--
                    (A) In general.--The term ``discouraged worker'' 
                means an individual who is available for and interested 
                in employment, but who is not in the labor force and is 
                not looking for employment because that individual 
                believes there are no jobs available or no jobs 
                available for which that individual would qualify.
                    (B) Determination.--The determination whether an 
                individual is a discouraged worker, for purposes of 
                this paragraph, shall be made in accordance with the 
                criteria used by the Bureau of Labor Statistics of the 
                Department of Labor in defining individuals as 
                discouraged workers.
            (3) Eligible entity.--The term ``eligible entity'' means an 
        entity that provides services to promote workforce attachment 
        among one or more populations with an employment barrier and 
        that is one or more of the following entities:
                    (A) A Federal agency.
                    (B) A State agency.
                    (C) A local agency.
                    (D) A nonprofit foundation, corporation, 
                institution, or association.
                    (E) A business.
                    (F) A partnership consisting of two or more 
                entities described in any of subparagraphs (A) through 
                (E).
            (4) Federal agency.--The term ``Federal agency'' has the 
        meaning given the term ``agency'' in section 551(1) of title 5, 
        United States Code.
            (5) Individual with a barrier to employment.--The term 
        ``individual with a barrier to employment'' has the meaning 
        given the term in section 3 of the Workforce Innovation and 
        Opportunity Act (29 U.S.C. 3102).
            (6) Population with an employment barrier.--
                    (A) In general.--The term ``population with an 
                employment barrier'' means a collection of working-age 
                individuals who face a challenge in consistently 
                maintaining full-time employment and who reside in the 
                United States.
                    (B) Individual who faces a challenge in 
                consistently maintaining full-time employment.--The 
                term ``individual who faces a challenge in consistently 
                maintaining full-time employment'' means an individual 
                who has been unemployed for at least 4 weeks during the 
                past year and who is a member of one or more of the 
                following populations:
                            (i) Individuals with a barrier to 
                        employment.
                            (ii) Individuals served under any of the 
                        core programs, as defined in section 3 of the 
                        Workforce Innovation and Opportunity Act (29 
                        U.S.C. 3102).
                            (iii) Veterans.
                            (iv) Individuals who are receiving 
                        assistance through the low-income home energy 
                        assistance program established under the Low-
                        Income Home Energy Assistance Act of 1981 (42 
                        U.S.C. 8621 et seq.).
                            (v) Individuals who are receiving Social 
                        Security Disability Insurance benefits under 
                        title II of the Social Security Act (42 U.S.C. 
                        401 et seq.).
                            (vi) Individuals who are receiving trade 
                        adjustment assistance under the Trade Act of 
                        1974 (19 U.S.C. 2101 et seq.).
                            (vii) Individuals who are receiving 
                        benefits through any State program funded with 
                        qualified State expenditures as defined in 
                        section 409(a)(7)(B)(i) of the Social Security 
                        Act (42 U.S.C. 609(a)(7)(B)(i)).
                            (viii) Individuals who are receiving 
                        workers' compensation.
                            (ix) Discouraged workers.
                            (x) Individuals who are enrolled in a 
                        Medicaid Buy-In program established under 
                        subclause (XIII), (XV), or (XVI) of section 
                        1902(a)(10)(A)(ii) of the Social Security Act 
                        (42 U.S.C. 1396a(a)(10)(A)(ii)) or under a 
                        Medicaid waiver approved under section 1115 of 
                        the Social Security Act (42 U.S.C. 1315).
                            (xi) Individuals who are enrolled in 
                        Medicaid under section 
                        1902(a)(10)(A)(i)(II)(bb) of the Social 
                        Security Act (42 U.S.C. 
                        1396a(a)(10)(A)(i)(II)(bb)) in accordance with 
                        sections 1619(b) and 1905(q) of the Social 
                        Security Act (42 U.S.C. 1382h(b), 1396d(q)).
                            (xii) Any other group that faces a 
                        challenge in consistently maintaining full-time 
                        employment, as determined by the Council.
            (7) Workforce attachment.--The term ``workforce 
        attachment'' means placement and retention in employment that 
        substantially improves the financial security and self-
        sufficiency of a household.

SEC. 3. ESTABLISHMENT.

    There is established in the executive branch an independent 
establishment to be known as the Interagency Council on Workforce 
Attachment.

SEC. 4. MEMBERSHIP.

    (a) Members.--The Council shall be composed of the following 
members:
            (1) The Secretary of Agriculture, or the designee of the 
        Secretary.
            (2) The Secretary of Education, or the designee of the 
        Secretary.
            (3) The Secretary of Health and Human Services, or the 
        designee of the Secretary.
            (4) The Secretary of Housing and Urban Development, or the 
        designee of the Secretary.
            (5) The Secretary of Labor, or the designee of the 
        Secretary.
            (6) The Secretary of Transportation, or the designee of the 
        Secretary.
            (7) The Secretary of the Treasury, or the designee of the 
        Secretary.
            (8) The Secretary of Veterans Affairs, or the designee of 
        the Secretary.
            (9) The Commissioner of Social Security, or the designee of 
        the Commissioner.
            (10) The Attorney General, or the designee of the Attorney 
        General.
            (11) The Director of the Office of Management and Budget, 
        or the designee of the Director.
            (12) The Chair of the Equal Employment Opportunity 
        Commission, or the designee of the Chair.
            (13) The heads of such other Federal agencies as the 
        Council considers appropriate, or their designees.
    (b) Chairperson.--The Council shall elect a Chairperson and a Vice 
Chairperson from among the members of the Council. The positions of 
Chairperson and Vice Chairperson shall rotate among Council members on 
an annual basis.
    (c) Meetings.--The Council shall meet at the call of the 
Chairperson or a majority of Council members, but not less often than 4 
times each year, and the rotation of the positions of Chairperson and 
Vice Chairperson required under subsection (b) shall occur at the first 
meeting of each year.
    (d) Prohibition of Additional Pay.--Members of the Council shall 
receive no additional pay, allowances, or benefits by reason of their 
service on the Council.
    (e) Administration.--The Executive Director of the Council shall 
report to the Chairperson of the Council.

SEC. 5. FUNCTIONS.

    (a) General Authority.--The Council shall--
            (1) facilitate the coordination of Federal programs and 
        activities to promote workforce attachment among populations 
        with employment barriers;
            (2) collect evidence of effective strategies to promote 
        workforce attachment among populations with employment barriers 
        at every level of government and within the private sector;
            (3) ensure the evaluation of the effectiveness of 
        strategies to promote workforce attachment among populations 
        with employment barriers by funding demonstration projects;
            (4) encourage the implementation of those strategies that 
        the Council identifies as effective--
                    (A) in the course of the review required under 
                subsection (b)(1);
                    (B) under subsection (c); or
                    (C) based on review of the final reports received 
                under subsection (e)(5)(A)(ii); and
            (5) ensure the authorities described in paragraphs (1) 
        through (4) are implemented in a manner that--
                    (A) utilizes available information supplied by any 
                prior or ongoing review, evaluation, or demonstration 
                regarding strategies to promote workforce attachment 
                among populations with employment barriers;
                    (B) avoids duplicating any prior or ongoing review, 
                evaluation, or demonstration regarding strategies to 
                promote workforce attachment among populations with 
                employment barriers;
                    (C) supports individuals with an impairment that is 
                a disability under section 7(9)(A) of the 
                Rehabilitation Act of 1973 (29 U.S.C. 705(9)(A)); and
                    (D) addresses discrimination that individuals 
                described in subparagraph (C) may experience in the 
                course of pursuing workforce attachment.
    (b) Coordination of Federal Programs and Activities.--The Council 
shall--
            (1) review all Federal programs and activities designed to 
        promote workforce attachment among populations with employment 
        barriers;
            (2) recommend to Federal and State agencies such action as 
        may be necessary to increase coordination and reduce 
        duplication among such programs and activities; and
            (3) ensure the authorities described in paragraphs (1) and 
        (2) are implemented in a manner that includes a review of, and 
        issuance of recommendations related to, Medicaid Buy-In 
        programs described in section 2(6)(B)(x).
    (c) Review of Non-Federal Programs and Activities.--The Council 
shall, in coordination with the review of Federal programs and 
activities required under subsection (b)(1), review regional, State, 
and local programs and activities, whether public or private, designed 
to promote workforce attachment among populations with employment 
barriers, including identifying the effective programs and activities.
    (d) Dissemination and Implementation of Findings.--
            (1) Strategic plans.--
                    (A) In general.--Not later than 18 months after the 
                date of enactment of this Act, the Council shall 
                develop, make available for public comment, and submit 
                to the President and to Congress a National Strategic 
                Plan to Promote Workforce Attachment.
                    (B) Annual updates.--The Council shall update 
                annually the strategic plan described in subparagraph 
                (A). Such updates shall include information relating 
                to--
                            (i) Federal programs and activities that 
                        the Council identifies as effective in the 
                        course of the review required under subsection 
                        (b)(1);
                            (ii) regional, State, or local programs and 
                        activities that the Council identifies as 
                        effective under subsection (c);
                            (iii) the strategies described in 
                        subsection (e)(1) that the Council identifies 
                        as effective based on review of the final 
                        reports received under subsection 
                        (e)(5)(A)(ii); and
                            (iv) recommendations for appropriate and 
                        necessary legislative and administrative 
                        actions to improve the coordination and 
                        effectiveness of Federal programs and 
                        activities to promote workforce attachment 
                        among populations with employment barriers.
            (2) Annual reports.--The Council shall prepare and submit 
        to the President and to Congress an annual report that 
        describes the accomplishments and activities of the Council in 
        working with Federal, State, and local agencies and public and 
        private organizations to promote workforce attachment among 
        populations with employment barriers.
            (3) Other responsibilities.--The Council shall develop 
        joint Federal agency and other initiatives to fulfill the goals 
        of this Act.
    (e) Demonstration Projects.--
            (1) In general.--Not earlier than the date of submission of 
        the strategic plan under subsection (d)(1)(A), the Council 
        shall award grants to eligible entities to conduct 
        demonstration projects designed to develop, implement, and 
        evaluate strategies to promote workforce attachment among 
        populations with employment barriers.
            (2) Grant amount and project duration.--
                    (A) Grant amounts.--The amount of a grant described 
                in paragraph (1)--
                            (i) shall not be less than $100,000; and
                            (ii) shall not be more than $100,000,000.
                    (B) Project duration.--The duration of a 
                demonstration project described in paragraph (1)--
                            (i) shall not be less than 4 years; and
                            (ii) shall not be more than 10 years.
            (3) Application requirements.--The Council shall require 
        each eligible entity that seeks a grant under this subsection 
        to submit an application to the Council that contains each of 
        the following:
                    (A) A description of how, using the funds provided 
                under this subsection, the entity will implement a 
                strategy to promote workforce attachment among one or 
                more populations with employment barriers, which shall 
                include--
                            (i) the goals of the project involved;
                            (ii) the metrics to be used to assess 
                        progress towards the goals of the project;
                            (iii) the strategy to be used in the 
                        project;
                            (iv) evidence that the proposed strategy 
                        can be expected to be effective at achieving 
                        the goals of the project;
                            (v) the one or more target populations to 
                        be served by the project;
                            (vi) the roles and responsibilities of each 
                        entity involved in the project;
                            (vii) the project budget; and
                            (viii) the project timeline.
                    (B) A description of how the entity will coordinate 
                the development and implementation of the project with 
                any other programs and activities promoting workforce 
                attachment among the one or more target populations.
                    (C) A description of how, using the funds provided 
                under this subsection, the entity will enter into a 
                contract with an independent third-party evaluator that 
                will conduct a statistically valid evaluation of the 
                strategy that allows for strong causal inferences 
                regarding the effect of the strategy on the workforce 
                attachment outcomes of participants.
                    (D) A description of how the entity will obtain the 
                informed consent of the participants.
                    (E) A description of any Federal regulatory or 
                statutory provision that would need to be waived in 
                order for the entity to implement the project.
            (4) Considerations in awarding funding.--In awarding 
        funding for a demonstration project (for which an application 
        was submitted under paragraph (3)), the Council shall consider 
        each of the following:
                    (A) The value of the project in promoting the 
                purposes described in subsection (a).
                    (B) The expected quality of the evaluation to be 
                conducted.
                    (C) The likelihood, based on evidence provided in 
                the application, evaluations of prior demonstration 
                projects conducted by Federal or State agencies, 
                including a project carried out under this subsection, 
                and other evidence, that the applicant entity, in 
                collaboration with any other participating entities, 
                will achieve the goals of the project.
                    (D) Whether the project builds upon effective 
                regional, State, or local programs and activities 
                identified by the Council under subsection (c).
                    (E) The length of time required to complete the 
                project, including the evaluation of the strategy used 
                in the project.
                    (F) Whether the project avoids duplicating a prior 
                or ongoing demonstration project conducted by a Federal 
                or State agency.
            (5) Reports.--
                    (A) Interim and final reports.--An entity that 
                receives a grant to conduct a demonstration project 
                under this subsection shall contract with an 
                independent third-party evaluator that will submit to 
                the Council--
                            (i) not later than 1 year after the grant 
                        for the project has been approved, and annually 
                        thereafter until the project is concluded, a 
                        written report summarizing the progress that 
                        has been made in developing, implementing, and 
                        evaluating the project, including an interim 
                        assessment of whether the strategy used in the 
                        project is enabling the eligible entity to make 
                        progress towards achieving the goals of the 
                        project; and
                            (ii) not later than 2 months following the 
                        completion of the evaluation of the strategy 
                        used in the project, a written report that 
                        includes an assessment of the outcomes of the 
                        project, an analysis of factors that 
                        contributed to the success or failure of the 
                        strategy of the project, an analysis of the 
                        statistical validity of the results of the 
                        evaluation, and suggestions for improving the 
                        future implementation of similar workforce 
                        attachment strategies.
                    (B) Availability through website.--The Council 
                shall, not later than 30 days after receipt of a 
                written report pursuant to subparagraph (A), make the 
                report publicly available on a website of the Council.
    (f) Powers.--
            (1) Meetings.--The Council may hold such meetings, and sit 
        and act at such times and places, as the Council considers 
        advisable to carry out this Act.
            (2) Conferences.--The Council may arrange such national, 
        regional, State, and local conferences as the Council considers 
        advisable to carry out this Act.
            (3) Delegation.--Any member or employee of the Council may, 
        if authorized by the Council, take any action that the Council 
        is authorized to take under this Act.
            (4) Information.--The Council is authorized to secure 
        directly from any Federal agency such information as may be 
        necessary to carry out this Act. The head of each agency shall, 
        to the extent authorized by law, furnish such information 
        directly to the Council upon request made by the Chairperson.
            (5) Postal services.--The Council may use the United States 
        mails in the same manner and under the same conditions as other 
        Federal agencies.
            (6) Space for use of council.--Not later than 60 days after 
        the date of enactment of this Act, the Administrator of General 
        Services shall support on a reimbursable basis the operations 
        of the Council, including by identifying and making available 
        suitable space to house the Council. If the Administrator is 
        not able to make such suitable space available within the 60-
        day period, the Council shall lease space to the extent that 
        funds are available.
            (7) Waiver recommendations.--The Council may offer 
        recommendations to Federal agencies regarding regulatory and 
        statutory requirements that should be waived under agency 
        waiver authorities, under provisions other than this Act, in 
        order to facilitate the conduct of particular demonstration 
        projects under subsection (e).
    (g) Personnel Matters.--
            (1) Director.--The Council shall appoint an Executive 
        Director at the first meeting of the Council held under 
        subsection (f)(1). The position of Executive Director shall be 
        a Senior Executive Service position, as defined under section 
        3132(a)(2) of title 5, United States Code.
            (2) Additional personnel.--With the approval of the 
        Council, the Executive Director of the Council may appoint and 
        fix the compensation of such additional personnel as the 
        Executive Director considers necessary to carry out the duties 
        of the Council. Additional personnel shall include--
                    (A) not fewer than 4, but in no case more than 8, 
                regional coordinators, each having responsibility for 
                conducting reviews of non-Federal programs and 
                activities under section 5(c) and coordinating the 
                activities of the Council within the 4 regions of the 
                Bureau of the Census; and
                    (B) not less than 1 demonstration project 
                application evaluator, for applications submitted under 
                subsection (e), who shall have expertise in evaluating 
                social science research design.
            (3) Details from other agencies.--Upon request of the 
        Council, the head of any Federal agency may detail, on a 
        reimbursable basis, an employee of the agency to the Council to 
        assist the Council in carrying out this Act, and such detail 
        shall be without interruption or loss of civil service status 
        or privilege.
            (4) Experts and consultants.--With the approval of the 
        Council, the Executive Director of the Council may procure 
        temporary and intermittent services under section 3109(b) of 
        title 5, United States Code.
            (5) Administrative support.--Upon request of the Council, 
        the Administrator of General Services shall provide to the 
        Council, on a reimbursable basis, the administrative support 
        services necessary for the Council to carry out its 
        responsibilities under this Act.
    (h) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        carry out this Act such sums as may be necessary for each of 
        fiscal years 2017 through 2026.
            (2) Availability.--Any sums appropriated under paragraph 
        (1) shall remain available, without fiscal year limitation, 
        until expended.
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