[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4544 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 4544
To amend part A of title IV of the Social Security Act, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 19, 2021
Mr. Wenstrup (for himself and Mrs. Walorski) introduced the following
bill; which was referred to the Committee on Ways and Means, and in
addition to the Committee on Education and Labor, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend part A of title IV of the Social Security Act, 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 ``Workforce Opportunity Realignment
Kickstart Act'' or the ``WORK Act''.
SEC. 2. PROMOTING ACCOUNTABILITY BY MEASURING WORK OUTCOMES.
Section 407(a) of the Social Security Act (42 U.S.C. 607(a)) is
amended to read as follows:
``(a) Performance Accountability and Work Outcomes.--
``(1) Purpose.--The purpose of this subsection is to
provide for the establishment of performance accountability
measures to assess the effectiveness of States in increasing
employment, retention, and advancement among families receiving
assistance under the State program funded under this part.
``(2) In general.--A State to which a grant is made under
section 403 for a fiscal year shall achieve the requisite level
of performance on an indicator described in paragraph (3)(B) of
this subsection for the fiscal year.
``(3) Measuring state performance.--
``(A) In general.--Each State, in consultation with
the Secretary, shall collect and submit to the
Secretary the information necessary to measure the
level of performance of the State for each indicator
described in subparagraph (B), for fiscal year 2023 and
each fiscal year thereafter, and the Secretary shall
use the information collected for fiscal year 2023 to
establish the baseline level of performance for each
State for each such indicator.
``(B) Indicators of performance.--The indicators
described in this subparagraph, for a fiscal year, are
the following:
``(i) The percentage of individuals who
were work-eligible individuals as of the time
of exit from the program, who are in
unsubsidized employment during the 2nd quarter
after the exit.
``(ii) The percentage of individuals who
were work-eligible individuals who were in
unsubsidized employment in the 2nd quarter
after the exit, who are also in unsubsidized
employment during the 4th quarter after the
exit.
``(iii) The median earnings of individuals
who were work-eligible individuals as of the
time of exit from the program, who are in
unsubsidized employment during the 2nd quarter
after the exit.
``(iv) The percentage of individuals who
have not attained 24 years of age, are
attending high school or enrolled in an
equivalency program, and are work-eligible
individuals or were work-eligible individuals
as of the time of exit from the program, who
obtain a high school degree or its recognized
equivalent while receiving assistance under the
State program funded under this part or within
1 year after the exit.
``(C) Levels of performance.--
``(i) Agreement on requisite performance
level for each indicator.--
``(I) In general.--For each State
submitting a State plan pursuant to
section 402(a), the Secretary and the
State shall negotiate the requisite
level of performance for the State with
respect to each indicator described in
subparagraph (B), beginning with fiscal
year 2024, and shall do so before the
beginning of the fiscal year involved.
``(II) Requirements in establishing
performance levels.--In establishing
the requisite levels of performance,
the State and the Secretary shall--
``(aa) take into account
how the levels involved compare
with the levels established for
other States; and
``(bb) ensure the levels
involved are adjusted, using
the objective statistical model
referred to in clause (iii),
based on--
``(AA) the
differences among
States in economic
conditions, including
differences in
unemployment rates or
employment losses or
gains in particular
industries; and
``(BB) the
characteristics of
participants on entry
into the program,
including indicators of
prior work history,
lack of educational or
occupational skills
attainment, or other
factors that may affect
employment and
earnings; and
``(CC) take into
account the extent to
which the levels
involved promote
continuous improvement
in performance by each
State.
``(ii) Revisions based on economic
conditions and individuals receiving assistance
during the fiscal year.--The Secretary shall,
in accordance with the objective statistical
model referred to in clause (iii), revise the
requisite levels of performance for a State and
a fiscal year to reflect the economic
conditions and characteristics of the relevant
individuals in the State during the fiscal
year.
``(iii) Statistical adjustment model.--The
Secretary shall use an objective statistical
model to make adjustments to the requisite
levels of performance for the economic
conditions and characteristics of the relevant
individuals, and shall consult with the
Secretary of Labor to develop a model that is
the same as or similar to the model described
in section 116(b)(3)(A)(viii) of the Workforce
Innovation and Opportunity Act (29 U.S.C.
3141(b)(3)(A)(viii)).
``(iv) Definition of exit.--In this
subsection, the term `exit' means, with respect
to a State program funded under this part,
ceases to a receive a benefit under the
program.
``(D) State option to establish common exit
measures.--Notwithstanding subparagraph (C)(iv) of this
paragraph, a State that has not provided the
notification under section 121(b)(1)(C)(ii) of the
Workforce Innovation and Opportunity Act to exclude the
State program funded under this part as a mandatory
one-stop partner may adopt an alternative definition of
`exit' for the purpose of creating common exit measures
to improve alignment with workforce programs operated
under title I of such Act.
``(E) Regulations.--In order to ensure nationwide
comparability of data, the Secretary, after
consultation the Secretary of Labor and with States,
shall issue regulations governing the establishment of
the performance accountability system under this
subsection and a template for performance reports to be
used by all States consistent with subsection (b).''.
SEC. 3. EXPANSION OF AUTHORITY TO TRANSFER FUNDS TO OTHER PROGRAMS.
Section 404(d) of the Social Security Act (42 U.S.C. 604(d)) is
amended--
(1) in paragraph (1)--
(A) by striking ``30'' and inserting ``50''; and
(B) by adding at the end the following:
``(C) Title I of the Workforce Innovation and
Opportunity Act.'';
(2) in paragraph (3), by adding at the end the following:
``(C) Funds transferred to the wioa.--In the case
of funds transferred under paragraph (1)(C) of this
subsection--
``(i) all of the funds will be used to
support families eligible for assistance under
the State program funded under this part; and
``(ii) not more than 15 percent of the
funds will be reserved for statewide workforce
investment activities referred to in section
128(a)(1) of the Workforce Innovation and
Opportunity Act.''; and
(3) by adding at the end the following:
``(4) Exclusion of states excluding the state jobs program
as a mandatory one-stop partner under the wioa.--The authority
provided by this subsection may not be exercised by a State
that has provided the notification referred to in section
407(a)(3)(D).''.
SEC. 4. MODIFICATIONS TO STATE PLANS.
Section 402 of the Social Security Act (42 U.S.C. 602) is amended--
(1) in subsection (a)(1)(A), by adding at the end the
following:
``(ix) Describe coordination with other
programs, including whether the State intends
to exercise authority provided by section
404(d) of this Act to transfer any funds paid
to the State under this part, provide assurance
that, in the case of a transfer to carry out a
program under title I of the Workforce
Innovation and Opportunity Act, the State will
comply with section 404(d)(3)(C) of this Act
and coordinate with the one-stop delivery
system under the Workforce Innovation and
Opportunity Act, and describe how the State
will coordinate with the programs involved to
provide services to families receiving
assistance under the program referred to in
clause (i) of this subparagraph.''; and
(2) by adding at the end the following:
``(d) 2-Year Plan.--A plan submitted pursuant to this section shall
be designed to be implemented during a 2-year period.
``(e) Combined Plan Allowed.--A State may submit to the Secretary
and the Secretary of Labor a combined State plan that meets the
requirements of subsections (a) and (d) and that is for programs and
activities under the Workforce Innovation and Opportunity Act.''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall take effect on October 1,
2022.
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