[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7323 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 7323
To amend the Workforce Innovation Opportunity Act to codify the
Department of Labor's Reentry Employment Opportunities grants,
authorizing a competitive grant program that aims to assist justice-
involved adults and youth returning from incarceration with achieving
academic success, employment, reducing the involvement of youth in
crime and violence, and avoiding recidivism.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 31, 2022
Mr. Espaillat introduced the following bill; which was referred to the
Committee on Education and Labor
_______________________________________________________________________
A BILL
To amend the Workforce Innovation Opportunity Act to codify the
Department of Labor's Reentry Employment Opportunities grants,
authorizing a competitive grant program that aims to assist justice-
involved adults and youth returning from incarceration with achieving
academic success, employment, reducing the involvement of youth in
crime and violence, and avoiding recidivism.
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 ``Expanding Reentry Employment
Assistance Act''.
SEC. 2. REENTRY EMPLOYMENT OPPORTUNITIES.
Subtitle D of title I (29 U.S.C. 3221 et seq.), as amended by this
Act, is further amended by inserting after section 172, as added by the
preceding section, the following:
``SEC. 173. REENTRY EMPLOYMENT OPPORTUNITIES.
``(a) Purposes.--The purposes of this section are--
``(1) to improve the employment, earnings, and skill
attainment, and reduce recidivism, of adults and youth who have
been involved with the justice system;
``(2) to prompt innovation and improvement in the reentry
of justice-involved individuals into the workforce so that
successful initiatives can be established or continued and
replicated; and
``(3) to further develop the evidence on how to improve
employment, earnings, and skill attainment, and reduce
recidivism of justice-involved individuals, through rigorous
evaluations of specific services provided, including how they
affect different populations and how they are best combined and
sequenced.
``(b) Reentry Employment Competitive Grants, Contracts, and
Cooperative Agreements Authorized.--
``(1) In general.--From the amounts appropriated under
subsection (h)(1) and not reserved under subsection (h)(2), the
Secretary--
``(A) shall, on a competitive basis, make grants
to, or enter into contracts or cooperative agreements
with, eligible entities to implement reentry projects
that serve eligible adults or eligible youth; and
``(B) may use not more than 30 percent of such
amounts to award funds under subparagraph (A) to
eligible entities that are national or regional
intermediaries to--
``(i) implement the reentry projects
described in subparagraph (A); or
``(ii) provide such funds to other eligible
entities--
``(I) to implement such reentry
projects; and
``(II) to monitor and support such
entities.
``(2) Award periods.--The Secretary shall award funds under
this section for an initial period of not more than 4 years,
and may renew such awards for additional 4-year periods.
``(3) Priority.--In awarding funds under this section, the
Secretary shall give priority to eligible entities whose
applications submitted under subsection (c) demonstrate a
commitment to use such funds to implement reentry projects--
``(A) that will serve high-crime or high-poverty
areas;
``(B) that will enroll in such reentry projects
eligible youth or eligible adults--
``(i) prior to the release of such
individuals from incarceration in a
correctional institution; or
``(ii) not later than 90 days after such
release;
``(C) whose strategy and design are evidence-based;
``(D) that establish partnerships with--
``(i) businesses; or
``(ii) institutions of higher education to
provide project participants with programs of
study leading to recognized postsecondary
credentials in in-demand occupations;
``(E) that provide training services that are
designed to meet the basic requirements of an employer
(including a group of employers) and are conducted with
a commitment by the employer to employ individuals upon
successful completion of the training; or
``(F) that demonstrate a track record and ongoing
commitment of developing, implementing, and refining
reentry programs that include employment, education,
training, and support services for adults and youth
with current or prior justice system involvement.
``(c) Application.--
``(1) Form and procedure.--To be qualified to receive funds
under this section, an eligible entity shall submit an
application at such time, and in such manner, as determined by
the Secretary, and containing the information described in
paragraph (2).
``(2) Contents.--An application submitted by an eligible
entity under paragraph (1) shall contain the following:
``(A) A description of the eligible entity,
including the experience of the eligible entity in
providing employment and training services for justice-
involved individuals.
``(B) A description of the needs that will be
addressed by the reentry project supported by the funds
received under this section, and the target participant
population and the geographic area to be served.
``(C) A description of the proposed employment and
training activities and supportive services, if
applicable, to be provided under such reentry project,
and how such activities and services will prepare
participants for employment in in-demand industry
sectors and occupations within the geographic area to
be served by such reentry project.
``(D) The anticipated schedule for carrying out the
activities proposed under the reentry project.
``(E) A description of--
``(i) the partnerships the eligible entity
will establish with agencies and entities
within the criminal justice system, local
boards and one-stops, community-based
organizations, and employers (including local
businesses) to provide participants of the
reentry project with work-based learning, job
placement, and recruitment (if applicable); and
``(ii) how the eligible entity will
coordinate its activities with other services
and benefits available to justice-involved
individuals in the geographic area to be served
by the reentry project.
``(F) A description of the manner in which
individuals will be recruited and selected for
participation for the reentry project.
``(G) A detailed budget and a description of the
system of fiscal controls, and auditing and
accountability procedures, that will be used to ensure
fiscal soundness for the reentry project.
``(H) A description of the expected levels of
performance to be achieved with respect to the
performance measures described in subsection (e).
``(I) A description of the evidence-based practices
the eligible entity will use in administration of the
reentry project.
``(J) An assurance that the eligible entity will
collect, disaggregate by race, ethnicity, gender and
other participant characteristics, and report to the
Secretary the data required with respect to the reentry
project carried out by the eligible entity for purposes
of the evaluation under subsection (f).
``(K) Any other information required by the
Secretary.
``(d) Uses of Funds.--
``(1) In general.--An eligible entity that receives funds
under this section shall use such funds to implement a reentry
project for eligible adults, eligible youth, or both that
provides one or more of the following services:
``(A) Supportive services.
``(B) For participants who are eligible youth, one
or more of the program elements listed in subparagraphs
(A) through (N) of section 129(c)(2).
``(C) One or more of the individualized career
services listed in subclause (I) through (IX) of
section 134(c)(2)(A)(xii).
``(D) Follow-up services after placement in
unsubsidized employment as described in section
134(c)(2)(A)(xiii).
``(E) One or more of the training services listed
in clauses (i) through (x)(i) in section 134(c)(3)(D),
including subsidized employment opportunities through
transitional jobs.
``(F) Apprenticeship programs.
``(G) Education in digital literacy skills.
``(H) Mentoring.
``(I) Provision of or referral to evidence-based
mental health treatment by licensed practitioners.
``(J) Assistance in obtaining employment as a
result of the establishment and development by the
eligible entity of relationships and networks with
large and small employers.
``(K) Assistance with driver's license
reinstatement and fees for driver's licenses and other
necessary documents for employment.
``(L) Provision of or referral to substance abuse
treatment services, provided that funds awarded under
this section are only used to provide such services to
participants who are unable to obtain such services
through other programs providing such services.
``(M) Assistance in obtaining employment as a
result of the coordination by the eligible entity with
employers to develop customized training programs and
on-the-job training.
``(2) Administrative cost limit.--An eligible entity may
not use more than 10 percent of the funds received under this
section for administrative costs, including for costs related
to collecting information, analysis, and coordination for
purposes of subsection (e) or (f).
``(e) Levels of Performance.--
``(1) Establishment of levels.--
``(A) In general.--The Secretary shall establish
expected levels of performance for reentry projects
funded this section for--
``(i) each of the primary indicators of
performance for adults and youth described in
section 116(b); and
``(ii) the additional performance
indicators described in paragraph (2).
``(B) Updates.--The levels established under
subparagraph (A) shall be updated for each 4-year award
period.
``(2) Additional indicators of performance.--In addition to
the indicators described in paragraph (1)(A)(i), the
Secretary--
``(A) shall establish an indicator of performance
for projects funded under this section with respect
participant recidivism; and
``(B) may establish other performance indicators
for such projects as the Secretary determines
appropriate.
``(3) Agreement on performance levels.--In establishing and
updating performance levels under paragraph (1), the Secretary
shall reach agreement on such levels with the eligible entities
receiving awards under this section that will be subject to
such levels, based on factors including--
``(A) the expected performance levels of each such
eligible entity described in the application submitted
under subsection (c)(2)(H);
``(B) local economic conditions of the geographic
area to be served by each such eligible entity,
including differences in unemployment rates and job
losses or gains in particular industries; and
``(C) the characteristics of the participants of
the projects when the participants enter the project
involved, including--
``(i) criminal records and indicators of
poor work history;
``(ii) lack of work experience;
``(iii) lack of educational or occupational
skills attainment;
``(iv) low levels of literacy or English
proficiency;
``(v) disability status;
``(vi) homelessness; and
``(vii) receipt of public assistance.
``(4) Failure to meet performance levels.--In the case of
an eligible entity that fails to meet the performance levels
established under paragraph (1) for the reentry project
involved for any award year, the Secretary shall provide
technical assistance to the eligible entity, including the
development of a performance improvement plan.
``(f) Evaluation of Reentry Projects.--
``(1) In general.--Not later than 5 years after the first
award of funds under this section is made, the Secretary
(acting through the Chief Evaluation Officer) shall meet the
following requirements:
``(A) Design and conduct of evaluation.--Design and
conduct an evaluation to evaluate the effectiveness of
the reentry projects funded under this section, which
meets the requirements of paragraph (2), and includes
an evaluation of each of the following:
``(i) The effectiveness of such projects in
assisting individuals with finding employment
and maintaining employment at the second
quarter and fourth quarter after unsubsidized
employment is obtained.
``(ii) The effectiveness of such projects
in assisting individuals with earning
recognized postsecondary credentials.
``(iii) The effectiveness of such projects
in relation to their cost, including the extent
to which the projects improve reentry outcomes,
including in wages earned, benefits provided by
employers, career advancement, measurable
skills gains, credentials earned, housing,
health, and recidivism of participants in
comparison to comparably situated individuals
who did not participate in such projects.
``(iv) The effectiveness of specific
services and interventions provided and of the
overall project design.
``(v) If applicable, the extent to which
such projects meet the needs of various
demographic groups, including people of
different geographic locations, ages, races,
national origins, sex, and criminal records,
and individuals with disabilities.
``(vi) If applicable, the appropriate
sequencing, combination, or concurrent
structure, of services for each subpopulation
of individuals who are participants of such
projects, such as the order, combination, or
concurrent structure and services in which
transitional jobs and occupational skills
training are provided, to ensure that such
participants are prepared to fully benefit from
employment and training services provided under
the project.
``(vii) Limitations or barriers to
education and employment as a result of
occupational or educational licensing
restrictions, access to financial aid, and
access to housing.
``(viii) The quality and effectiveness of
technical assistance provided by the Secretary
for implementing such projects.
``(ix) Other elements that the Chief
Evaluation Officer may determine to be
appropriate.
``(B) Data accessibility.--Make available, on the
publicly accessible website of the Department of Labor,
data collected during the course of evaluation under
this subsection, in an aggregated format that does not
provide personally identifiable information.
``(2) Design requirements.--An evaluation under this
subsection--
``(A) shall--
``(i) be designed by the Secretary (acting
through the Chief Evaluation Officer) in
conjunction with the eligible entities carrying
out the reentry projects being evaluated;
``(ii) include analysis of participant
feedback and outcome and process measures; and
``(iii) use designs that employ the most
rigorous analytical and statistical methods
that are reasonably feasible, such as the use
of control groups; and
``(B) may not--
``(i) collect personally identifiable
information, except to the extent such
information is necessary to conduct the
evaluation; or
``(ii) reveal or share personally
identifiable information.
``(3) Publication and reporting of evaluation findings.--
The Secretary (acting through the Chief Evaluation Officer)
shall--
``(A) in accordance with the timeline determined to
be appropriate by the Chief Evaluation Officer, publish
an interim report on such evaluation;
``(B) not later than 90 days after the date on
which any evaluation is completed under this
subsection, publish and make publicly available such
evaluation; and
``(C) not later than 60 days after the completion
date described in subparagraph (B), submit to the
Committee on Education and Labor of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate a report on such
evaluation.
``(g) Annual Report.--
``(1) Contents.--Subject to paragraph (2), the Secretary
shall post, using transparent, linked, open, and interoperable
data formats, on its publicly accessible website an annual
report on--
``(A) the number of individuals who participated in
projects assisted under this section for the preceding
year;
``(B) the percentage of such individuals who
successfully completed the requirements of such
projects; and
``(C) the performance of eligible entities on such
projects as measured by the performance indicators set
forth in subsection (e).
``(2) Disaggregation.--The information provided under
subparagraphs (A) through (C) of paragraph (1) with respect to
a year shall be disaggregated by each project assisted under
this section for such year.
``(h) Authorization of Appropriations; Reservations.--
``(1) Authorization of appropriations.--There are
authorized to be appropriated to carry out this section--
``(A) $250,000,000 for fiscal year 2023;
``(B) $300,000,000 for fiscal year 2024;
``(C) $350,000,000 for fiscal year 2025;
``(D) $400,000,000 for fiscal year 2026;
``(E) $450,000,000 for fiscal year 2027; and
``(F) $500,000,000 for fiscal year 2028.
``(2) Reservation of funds.--Of the funds appropriated
under paragraph (1) for a fiscal year, the Secretary--
``(A) may reserve not more than 5 percent for the
administration of grants, contracts, and cooperative
agreements awarded under this section, of which not
more than 2 percent may be reserved for the provision
of--
``(i) technical assistance to eligible
entities that receive funds under this section;
and
``(ii) outreach and technical assistance to
eligible entities desiring to receive such
funds, including assistance with application
development and submission; and
``(B) shall reserve not less than 1 percent and not
more than 2.5 percent for the evaluation activities
under subsection (f) or to support eligible entities
with any required data collection, analysis, and
coordination related to such evaluation activities.
``(i) Definitions.--In this section:
``(1) Chief evaluation officer.--The term `Chief Evaluation
Officer' means the head of the independent evaluation office
located organizationally in the Office of the Assistant
Secretary for Policy of the Department of Labor.
``(2) Community supervision.--The term `community
supervision' means mandatory oversight (including probation and
parole) of a formerly incarcerated person--
``(A) who was convicted of a crime by a judge or
parole board; and
``(B) who is living outside a secure facility.
``(3) Correctional institution.--The term `correctional
institution' has the meaning given the term in section 225(e).
``(4) Eligible entity.--The term `eligible entity' means--
``(A) a private nonprofit organization under
section 501(c)(3) of the Internal Revenue Code of 1986,
including a community-based or faith-based
organization;
``(B) a local board;
``(C) a State or local government;
``(D) an Indian or Native American entity eligible
for grants under section 166;
``(E) a labor organization or joint labor-
management organization; or
``(F) a consortium of the entities described in
subparagraphs (A) through (E).
``(5) Eligible adult.--The term `eligible adult' means a
justice-involved individual who--
``(A) is age 25 or older; and
``(B) in the case of an individual that was
previously incarcerated, was released from
incarceration not more than 3 years prior to enrollment
in a project funded under this section.
``(6) Eligible youth.--The term `eligible youth' means a
justice-involved individual who is not younger than age 14 or
older than age 24.
``(7) High-crime.--The term `high-crime', when used with
respect to a geographic area, means an area with crime rates
that are higher than the rate for the overall city (for urban
areas) or of non-metropolitan area in the State (for rural
areas), as such terms are used by the Bureau of Labor
Statistics.
``(8) High-poverty.--The term `high-poverty', when used
with respect to a geographic area, means an area with a poverty
rate of at least 25 percent as determined based on the most
recently available data from the American Community Survey
conducted by the Bureau of the Census.''.
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