[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1304 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 1304
To establish jobs programs for long-term unemployed workers, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 22, 2021
Mr. Van Hollen (for himself, Mr. Wyden, Mr. Murphy, Mr. Merkley, Mrs.
Gillibrand, and Mr. Blumenthal) introduced the following bill; which
was read twice and referred to the Committee on Health, Education,
Labor, and Pensions
_______________________________________________________________________
A BILL
To establish jobs programs for long-term unemployed workers, 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 ``Long-Term Unemployment Elimination
Act of 2021''.
SEC. 2. PURPOSE.
The purpose of this Act is to provide job opportunities for every
long-term unemployed worker in the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Career services.--The term ``career services'' includes
the services described in section 134(c)(2)(A) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3174(c)(2)(A)).
(2) Covered area.--The term ``covered area'' means the
local area in which a local board is carrying out a jobs
program, or (in the circumstances described in section 4(d))
the local area in which a community-based organization is
carrying out a jobs program, under this Act.
(3) Eligible worker.--The term ``eligible worker'' means an
individual who--
(A) is not less than 18 years old;
(B) is authorized to be employed in the United
States for purposes of section 274A of the Immigration
and Nationality Act (8 U.S.C. 1324a);
(C) has not been employed or a full-time student
for a period of not less than 27 weeks (except as
modified under section 5(e)); and
(D) is currently seeking employment and has been
seeking employment for a period of not less than 4
weeks (except as modified under section 5(e)).
(4) Individual with a barrier to employment.--The term
``individual with a barrier to employment'' has the meaning
given in section 3(24) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102(24)), except that such term
shall not include individuals who meet the terms of the
definition in that section solely on the basis of their status
as long-term unemployed individuals.
(5) On-the-job training.--The term ``on-the-job training''
has the meaning given the term in section 3(44) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3102(44)),
except that subparagraph (B) of that section shall not apply.
(6) Participating employer.--The term ``participating
employer'' means an employer--
(A) that is--
(i) a government agency;
(ii) a nonprofit organization;
(iii) operating as an employment social
enterprise; or
(iv) a business; and
(B) includes--
(i) an employer at the site of employment
for an eligible worker in a program position;
or
(ii) a community-based organization that
acts as an employer of record by--
(I) assuming the roles and
responsibilities assigned to employers
described in clause (i) under this Act;
(II) entering into an agreement
with an employer described in clause
(i) to set forth the terms and
conditions for employment of an
eligible worker in a program position
in a jobs program in accordance with
the provisions of this Act; and
(III) acting as an intermediary
between eligible workers and employers
described in clause (i) to facilitate
participation in the jobs program
involved.
(7) Payroll taxes.--The term ``payroll taxes'' means taxes
under section 3111, 3221, 3301, or 3321 of the Internal Revenue
Code of 1986, and any similar State or local tax imposed on
employers.
(8) Pre-apprenticeship.--The term ``pre-apprenticeship'',
used with respect to a program, means a program that is
designed to prepare individuals to enter and succeed in a
registered apprenticeship program and is carried out by an
entity that has a documented partnership with at least one
sponsor of a registered apprenticeship program.
(9) Program position.--
(A) In general.--The term ``program position'',
used with respect to a jobs program--
(i) means a position--
(I) in a temporary job that is
designed to lead to long-term
employment; and
(II) that is provided along with,
as necessary, career services,
supportive services, and training
services to enable an individual to
succeed in the job and obtain and
retain long-term employment; and
(ii) includes--
(I) a position in a transitional
job;
(II) a position in a registered
apprenticeship program; and
(III) an approved national service
position made available under section
129 of the National and Community
Service Act of 1990 (42 U.S.C. 12581),
including a position sponsored under
subsection (i) of that section, subject
to subparagraph (B).
(B) Rule.--
(i) Employers with certain program
positions.--A participating employer for an
eligible worker (or an employer at the site of
employment for an eligible worker) in a program
position described in subparagraph (A)(ii)(III)
shall be considered to be a service sponsor, as
defined in section 101 of the National and
Community Service Act of 1990 (42 U.S.C.
12511).
(ii) Eligible workers in certain program
positions.--In parity with section 101(30) of
the National and Community Service Act of 1990
(42 U.S.C. 12511(30)), an eligible worker in
such a program position shall not be considered
to be an employee of the participating employer
(or of an employer at the site of employment
for the eligible worker).
(10) Recognized postsecondary credential.--The term
``recognized postsecondary credential'' means such a credential
as defined in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102), if the provider of the
program leading to the credential is identified under section
122(h) of such Act (29 U.S.C. 3152(h)).
(11) Registered apprenticeship program.--The term
``registered apprenticeship program'' means a program
registered under the Act of August 16, 1937 (commonly known as
the ``National Apprenticeship Act''; 50 Stat. 664, chapter 663;
29 U.S.C. 50 et seq.).
(12) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(13) Transitional job.--The term ``transitional job'' means
a job described in section 134(d)(5) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3174(d)(5)), without
regard to the limitation described in that section on funding
for such jobs.
(14) WIOA terms.--The terms ``adult education and literacy
activities'', ``career pathway'', ``community-based
organization'', ``customized training'', ``industry or sector
partnership'', ``in-demand industry sector or occupation'',
``integrated education and training'', ``local area'', ``local
board'', ``one-stop operator'', ``poverty line'', ``State
area'', ``State board'', ``supportive services'', ``training
services'', and ``veteran'' have the meanings given the terms
in section 3 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3102).
(15) Worker-owned enterprise.--
(A) In general.--The term ``worker-owned
enterprise'' means--
(i) an eligible worker-owned cooperative,
as defined in section 1042(c)(2) of the
Internal Revenue Code of 1986; or
(ii) an enterprise for which the majority
of the voting stock is owned by workers
employed by such enterprise.
(B) Voting stock.--For purposes of subparagraph
(A)(ii), the share of the voting stock owned by workers
shall include stock held by an employee stock ownership
plan, as defined in section 4975(e)(7) of such Code.
SEC. 4. JOBS PROGRAMS FOR LONG-TERM UNEMPLOYED WORKERS.
(a) In General.--
(1) Establishment.--The Secretary shall establish and
administer a jobs initiative for eligible workers, consisting
of jobs programs carried out through local boards.
(2) Partnerships.--A local board may enter into a
partnership with one or more community-based organizations to
submit an application and carry out a jobs program.
(3) Agreements.--In administering the initiative, the
Secretary shall enter into 4-year agreements with local boards,
under which the Secretary shall provide payments to local
boards. Such an agreement shall specify which functions
described in this Act will be carried out by the local board,
by the community-based organization, and by the partnership.
(4) Payments.--The Secretary shall make such a payment in
an amount that equals the eligible costs incurred by the local
board--
(A) to provide wages and compensation for program
positions for eligible workers under this section,
minus any employer share of the eligible costs of
providing the wages and compensation;
(B) to provide career services, supportive
services, and training services to eligible workers
under this section; and
(C) to administer the jobs program under this
section.
(b) Local Board Application.--To be eligible to enter into an
agreement under subsection (a), a local board shall submit an
application to the Secretary at such time, in such manner, and
containing a 4-year plan that includes such information as the
Secretary may require, including--
(1) the number of eligible workers that the local board
proposes to serve under the jobs program involved and the
estimated cost of serving that number of workers;
(2) a plan for one-stop operators to identify the issues
preventing each eligible worker served by the jobs program from
securing employment, and to reduce the impact of those issues
with career services, supportive services, and training
services;
(3) a description of how the local board will engage labor
organizations, joint labor-management organizations, community-
based organizations, community colleges, economic development
agencies, and career and technical education programs as
partners to provide training services to eligible workers,
including any--
(A) adult education and literacy activities,
including activities of English language acquisition,
and integrated education and training programs;
(B) pre-apprenticeship and registered
apprenticeship programs; and
(C) career pathways;
(4) a description of how the local board will support the
creation and expansion of industry or sector partnerships and
alignment of the jobs program with career pathways to improve
outcomes for eligible workers in program positions;
(5) proposed levels for the performance accountability
measures described in subsection (c);
(6) a description of the controls established by the local
board to assure that the local board--
(A) disburses funding to each participating
employer for all eligible costs described in subsection
(h) incurred under the jobs program, minus the employer
share described in subsection (i);
(B) oversees participating employers to ensure
compliance with program rules and collection of
accurate data for performance accountability measures
described in subsection (c); and
(C) requests accurate advance payment or
reimbursement for the eligible costs described in
subsection (h), minus any employer share described in
subsection (i) of the eligible costs;
(7) a description of how the local board will collaborate
with the corresponding State board to implement the jobs
program and align such program with the plan submitted by the
corresponding State board under subtitle A of title I of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et
seq.);
(8) a description of how the local board will align the
activities carried out under the grant with the activities
carried out under--
(A) the plans submitted by the local board under
subtitle A of title I of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3111 et seq.);
(B) the employment and training program established
by the corresponding State under the supplemental
nutrition assistance program established under the Food
and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.);
(C) the corresponding State program for temporary
assistance for needy families established under part A
of title IV of the Social Security Act (42 U.S.C. 601
et seq.);
(D) the national service plan submitted by the
corresponding State Commission on National and
Community Service under section 178 of the National and
Community Service Act of 1990 (42 U.S.C. 12638);
(E) programs established under the Second Chance
Act of 2007 (34 U.S.C. 60501 et seq.);
(F) employment and community development programs
carried out by the Secretary of Housing and Urban
Development;
(G) career and technical education programs
authorized by the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2301 et seq.);
(H) the continuum of care projects (relating to
ending homelessness) carried out under applications
submitted, by communities serving an area that is
substantially similar to the covered area, under
subtitle C of title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11381 et seq.);
(I) programs to support competitive integrated
employment for individuals with disabilities, including
programs of vocational rehabilitation services under
title I of the Rehabilitation Act of 1973 (29 U.S.C.
720 et seq.) and the Ticket to Work and Self-
Sufficiency Program carried out under section 1148 of
the Social Security Act (42 U.S.C. 1320b-19);
(J) the program of employment services provided
under the Wagner-Peyser Act (29 U.S.C. 49 et seq.); and
(K) employment and training programs for veterans;
and
(9) assurances that--
(A) prior to the placement of an eligible worker in
a program position, the local board will consult with
the appropriate local labor organization, if any,
representing employees in the covered area who are
engaged in the same or similar work as that proposed to
be carried out by the eligible worker, to prevent the
displacement and protect the rights of such employees;
and
(B) the local board will comply with the
nondisplacement provisions of subsection (f) and the
grievance procedures of subsection (g).
(c) Performance Accountability.--
(1) In general.--For each local board, the performance
accountability measures shall consist of the indicators
described in paragraph (2) and the levels described in
paragraph (3).
(2) Indicators.--The indicators for the performance
accountability measures shall consist of--
(A) the primary indicators of performance described
in section 116(b)(2)(A)(i) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3141(b)(2)(A)(i));
(B) the number of eligible workers placed in jobs
created by the jobs program of the local board;
(C) for households with an eligible worker who
participated in the program, the average increase in
income by the end of such participation; and
(D) the percentage of program positions filled by
eligible workers who were individuals with a barrier to
employment.
(3) Acceptable overall levels of performance.--The local
board shall reach agreement with the Secretary, acting in
consultation with the Secretary of Education, on acceptable
overall levels of performance for each indicator described in
paragraph (2) for each year covered by the application
submitted under subsection (b). In reaching such agreements,
the local board and the Secretaries shall take into account--
(A) the purpose of this Act, as described in
section 2, by seeking to provide job opportunities for
as many eligible workers as possible; and
(B) the factors described in section
116(b)(3)(A)(v) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3141(b)(3)(A)(v)), except
that references in that section to a State shall be
considered to be references to a local area.
(4) Reporting requirement.--
(A) In general.--The local board shall provide
information specifying the board's level of performance
on the performance accountability measures specified in
this subsection, including disaggregated data specified
under subparagraph (B), as part of the local board
performance reports established under section 116(d) of
the Workforce Innovation and Opportunity Act (29 U.S.C.
3141(d)).
(B) Disaggregated data.--Each such performance
report shall include data specifying the board's level
of performance with respect to individuals with
barriers to employment, disaggregated by each
subpopulation of such individuals, and by race,
ethnicity, sex, and age.
(d) Sanctions for Failure To Meet Performance Accountability
Measures or Submit an Application.--
(1) Performance improvement plan and technical
assistance.--If a local board fails to meet performance
accountability measures specified in subsection (c)--
(A) the local board shall develop a performance
improvement plan; and
(B) the Secretary and State board may provide
technical assistance, including assistance in the
development of the performance improvement plan.
(2) Repeated failure to meet performance accountability
measures.--If a local board fails to meet the performance
accountability measures for at least 3 consecutive years, the
Secretary may enter into an agreement with a community-based
organization to carry out a jobs program serving the
corresponding local area in place of the local board.
(3) Failure to submit application.--
(A) In general.--If a local board fails to submit
an application under subsection (b) by the such date as
the Secretary may require--
(i) the Secretary shall notify the local
board of the local board's failure to submit
such application; and
(ii) the Secretary and State board may
provide technical assistance to enable the
local board to submit such application.
(B) Failure to submit application for 1 year or
longer.--If a local board fails to submit an
application under subsection (b) for 1 year or longer
after the date described in subparagraph (A), the
Secretary may enter into an agreement with a community-
based organization to carry out a jobs program serving
the corresponding local area in place of the local
board.
(4) Programs carried out by community-based
organizations.--
(A) Application.--A community-based organization
that seeks to carry out a jobs program in place of a
local board as described in paragraph (2) or (3) shall
submit an application to the Secretary.
(B) Selection.--The Secretary shall select, on a
competitive basis, community-based organizations to
carry out jobs programs as described in paragraphs (2)
and (3) for a local area. The Secretary shall select
such organizations based on their ability to implement
a jobs program that achieves the highest levels on the
performance accountability measures, taking into
account the factors described in section
116(b)(3)(A)(v) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3141(b)(3)(A)(v)), except
that references in that section to a State shall be
considered to be references to a local area, and meets
the other requirements specified in this Act.
(C) Renewal.--After the initial selection under
subparagraph (B), the Secretary shall, every 4 years,
hold a new competition to select community-based
organizations to carry out jobs programs for local
areas. The local board for such an area may also submit
an application in such competition.
(D) Implementation.--This Act shall apply to a
community-based organization selected under this
paragraph as if the organization was the local board
for the corresponding local area.
(e) Participating Employer.--
(1) In general.--Participating employers shall be selected
by a local board. An entity who seeks to be a participating
employer shall enter into an agreement with the local board to
act as a participating employer under this subsection.
(2) Selection criteria.--
(A) In general.--To select participating employers
(including the renewal of such a selection), the local
board shall take into account the considerations, and
comply with the requirements, specified in
subparagraphs (B) through (H).
(B) Worker feedback.--The local board shall provide
an opportunity for eligible workers to provide feedback
on participating employers, and shall take this
feedback into account when determining whether to renew
the selection of an employer.
(C) Labor organizations.--
(i) In general.--The local board shall
consider input from labor organizations and
joint labor-management organizations to select
participating employers.
(ii) Collective bargaining agreements.--For
a site of employment at which workers are
covered by a collective bargaining agreement,
the local board shall not place a program
participant in a program position at the site
without the consent of all labor organizations
and joint labor-management organizations
representing workers at such site.
(D) Long-term employment prospects.--The local
board shall consider whether the employer under
consideration is proposing or providing an experience
that will help eligible workers secure long-term
employment after the program position ends, either with
the participating employer or another employer.
(E) Community impact and input.--
(i) Community impact preference.--The local
board shall consider whether the employer is
offering program positions in which the work to
be performed is designed to have a positive
impact on the communities in the covered area
served through the jobs program, and shall
develop criteria for that positive impact based
on input from members of such communities.
(ii) Community input.--The local board
shall also provide an opportunity for such
communities to provide input on how a
participating employer should be selected and
whether specific employers should be selected,
and shall take this input into account when
selecting a participating employer.
(F) In-demand industry sector or occupation.--The
local board shall consider whether the employer is
offering program positions that lead to employment in
an in-demand industry sector or occupation.
(G) Type of business.--The local board shall
consider whether the employer is--
(i) a worker-owned enterprise; or
(ii) a small business concern owned and
controlled by women, a small business concern
owned and controlled by socially and
economically disadvantaged individuals, a small
business concern owned and controlled by
veterans, or a qualified HUBZone small business
concern, as those 4 terms are defined in
section 8(d)(3) of the Small Business Act (15
U.S.C. 637(d)(3)).
(H) Other factors.--The local board may consider
other factors, besides the factors explicitly stated in
this paragraph, that are relevant to achieving the
performance accountability measures and other
requirements specified in this Act.
(3) Participating employer duties.--The participating
employer shall--
(A) provide wages for each eligible worker in a
program position at a rate that--
(i) is not less than the greatest of the 3
rates described in subsection (h)(1)(B);
(ii) is not less than the customary rate
paid by the employer for the same or similar
work performed by other employees who--
(I) are not eligible workers in
program positions;
(II) are similarly situated in
similar occupations by the same
employer; and
(III) have similar training,
experience, and skills; and
(iii) is in accordance with any applicable
collective bargaining agreements at the site of
employment;
(B) provide benefits for each eligible worker in a
program position--
(i) at the same level as is provided to
other employees who are not eligible workers in
program positions; and
(ii) in accordance with any applicable
collective bargaining agreements at the site of
employment;
(C) ensure that the site of employment is a
location where an eligible worker in a program position
who is an individual with a disability, as defined in
section 7 of the Rehabilitation Act of 1973 (29 U.S.C.
705), interacts with other persons who are not such
individuals with disabilities (not including
supervisory personnel or individuals who are providing
services to such worker) to the same extent as
individuals who are not such individuals with
disabilities and who are in comparable positions
interact with other persons;
(D) offer opportunities for advancement to eligible
workers in program positions, as appropriate, that are
similar to those for other employees who are not
eligible workers in program positions; and
(E) fulfill legal and administrative duties
including payroll processing, tax withholding and
documentation, making deductions for any applicable
labor organization dues, and meeting liability
requirements such as workers' compensation
requirements.
(4) Payment to participating employer.--
(A) Wages and compensation.--The local board shall
provide payment to the participating employer for all
eligible costs described in subsection (h) for wages
and compensation provided by the employer for eligible
workers in program positions, minus the employer share
described in subsection (i).
(B) Employer-provided training.--The local board
may enter into an agreement with the participating
employer under which the employer provides on-the-job
training or customized training to eligible workers,
and, subject to subsection (h)(3), the local board
provides payment to reimburse the employer for the cost
of providing the training described in the agreement.
(f) Nondisplacement.--
(1) Nondisplacement of existing employees.--The
participating employer shall not place an eligible worker hired
for a jobs program in a position under this Act if--
(A) employing such individual will result in the
layoff or partial displacement (such as a reduction in
hours, wages, or employment benefits) of an existing
employee (as of the date of the hiring) of the
employer;
(B) such individual will assume any of the duties
or responsibilities of an employee who is on strike;
(C) employing such individual infringes upon the
promotional opportunities of an existing employee (as
of the date of the hiring) of the employer; or
(D) such individual will perform the same work or
substantially the same work as that performed by any
individual, employed by the employer at the site of
employment, who--
(i) has been laid off or partially
displaced (as such term is described in
subparagraph (A)); and
(ii) has not been offered by to be restored
to the position the employee had immediately
prior to being laid off or partially displaced.
(2) Prohibition on rotation.--The participating employer
may not make placements in a program position by constantly
rotating new eligible workers into a permanent position
temporarily, except in circumstances in which--
(A) the employer reasonably intends to promote each
such eligible worker to a different permanent position
within the employer's business at the end of that
worker's employment in the program position; or
(B) the program position is part of an on-the-job
training program that leads to a recognized
postsecondary credential.
(3) Nondisplacement of government employees or functions.--
(A) Government agency.--A participating employer
that is a government agency may not place an eligible
worker hired for a jobs program in an existing position
(as of the date of the hiring) that is subject to civil
service laws of a Federal, State, or local government.
(B) Other participating employer.--A participating
employer that is not a government agency may not use
funds provided under this Act to provide services or
carry out other functions that are customarily provided
by a unit of State government or general local
government.
(4) Limitation on program positions for participating
employer.--
(A) In general.--No more than 10 percent of the
employees of a participating employer may be in program
positions funded under this Act, except as provided in
any of subparagraphs (B) through (E).
(B) Minimum.--A participating employer with fewer
than 10 employees may employ 1 individual in a program
position funded under this Act.
(C) Maximum.--A participating employer with more
than 1,000 employees may employ not more than 100
individuals in program positions funded under this Act,
unless the employer obtains permission under
subparagraph (D).
(D) Permission.--
(i) In general.--A local board may grant
permission for a participating employer to have
a higher percentage or number of employees in
program positions than is allowed under
subparagraph (A) or (C)--
(I) under the circumstance
described in subclause (I) or (II) of
clause (ii); or
(II) under the circumstance
described in clause (ii)(III), with the
consent of all labor organizations and
joint labor-management organizations
representing workers at the site
involved.
(ii) Circumstances.--The circumstances
described in this clause are any of the
following:
(I) A circumstance in which the
most recent 3-month average of the
unemployment rate in the covered area
is not less than 8 percent.
(II) A circumstance in which the
employer is a worker-owned enterprise
and worker-ownership is widely
available to the employer's employees,
including eligible workers in program
positions.
(III) A circumstance in which a
collective bargaining agreement covers
eligible workers in program positions
at a site of employment.
(iii) Duration.--
(I) In general.--An employer
granted the permission described in
clause (i) under the circumstance
described in clause (ii)(I) may be
granted such permission for a term of
not more than 2 years, subject to
subclause (II), regardless of whether
the unemployment rate in the covered
area falls below 8 percent during that
2-year period.
(II) Renewal.--If the permission is
granted under a circumstance described
in clause (ii)(I) and is scheduled to
expire in 3 months or less, and if the
most recent 3-month average of the
unemployment rate in the covered area
is not less than 8 percent, the local
board may renew the permission for
another term described in subclause
(I).
(E) Application to government agency.--If the
employer is a Federal, State, or local agency, the
limitations described in subparagraphs (A), (B), and
(C) shall be applied separately to each unit within
that agency.
(F) Modification.--The requirements of this
paragraph may be modified under section 5(e).
(G) Definition.--For purposes of this paragraph and
subsection (g), the term ``participating employer''
shall not include a community-based organization that
acts as an employer of record and (even if a community-
based organization is so acting) shall include the
employer at the site.
(g) Grievance Procedure.--
(1) In general.--The local board shall establish and
maintain a procedure for the filing and adjudication of
grievances from participants, labor organizations, or joint
labor-management organizations, and other interested
individuals concerning participating employers, including
grievances relating to proposed placements of eligible workers
with such employers.
(2) Deadline for grievances.--Except for a grievance that
alleges fraud or criminal activity, a grievance shall be filed
not later than 1 year after the date of the alleged occurrence
of the event that is the subject of the grievance.
(3) Deadline for hearing and decision.--
(A) Hearing.--A hearing on any grievance conducted
under this subsection shall be conducted not later than
30 days after the filing of such grievance.
(B) Decision.--A decision on any such grievance
shall be made not later than 60 days after the filing
of such grievance.
(4) Arbitration.--
(A) In general.--
(i) Jointly selected arbitrator.--In the
event of a decision on a grievance that is
adverse to the party who filed the grievance,
or 60 days after the filing of such grievance
if no decision has been reached, such party
shall be permitted to submit such grievance to
binding arbitration before a qualified
arbitrator who is jointly selected and
independent of the interested parties.
(ii) Appointed arbitrator.--If the parties
cannot agree on an arbitrator, the Secretary
shall appoint an arbitrator from a list of
qualified arbitrators within 15 days after
receiving a request for such appointment from
one of the parties to the grievance.
(B) Deadline for proceeding.--An arbitration
proceeding shall be held not later than 45 days after
the request for such arbitration proceeding, or, if the
arbitrator is appointed by the Secretary in accordance
with subparagraph (A)(ii), not later than 30 days after
the appointment of such arbitrator.
(C) Deadline for decision.--A decision concerning a
grievance shall be made not later than 30 days after
the date such arbitration proceeding begins.
(D) Cost.--
(i) In general.--Except as provided in
clause (ii), the cost of an arbitration
proceeding shall be divided evenly between the
parties to the arbitration.
(ii) Exception.--If a participant, labor
organization, joint labor-management
organization, or other interested individual
described in paragraph (1) prevails under a
binding arbitration proceeding, the other
entity that is a party to such grievance shall
pay the total cost of such proceeding and the
attorneys' fees of such participant, labor
organization, or individual, as the case may
be.
(5) Proposed placement.--If a grievance is filed regarding
a proposed placement of an eligible worker with a participating
employer, such placement shall not be made unless the placement
is consistent with the resolution of the grievance pursuant to
this subsection.
(6) Remedies.--Remedies for a grievance filed under this
subsection include--
(A) suspension of payments for the participating
employer;
(B) termination of such payments;
(C) prohibition of the placement described in
paragraph (5);
(D) in a case in which the grievance is filed by an
individual eligible worker or program participant--
(i) the eligible worker's selection to be a
program participant, or the program
participant's reinstatement, as the case may
be; and
(ii) other changes in the terms and
conditions of employment applicable to the
individual; and
(E) in a case in which the grievance involves a
violation of subsection (f) and the employer of the
displaced employee is the participating employer--
(i) reinstatement of the displaced employee
to the position held by such employee prior to
displacement;
(ii) payment of lost wages and benefits of
the displaced employee;
(iii) reestablishment of other relevant
terms, conditions, and privileges of employment
of the displaced employee; and
(iv) such equitable relief as is necessary
to correct any violation of subsection (f) or
to make the displaced employee whole.
(7) Enforcement.--Suits to enforce awards under this
subsection may be brought in any district court of the United
States having jurisdiction of the parties, without regard to
the amount in controversy and without regard to the citizenship
of the parties.
(8) Existing grievance procedures.--Notwithstanding any
other provision of this subsection, a grievance relating to a
site of employment that is covered by a collective bargaining
agreement that includes a grievance procedure that applies to
such grievance shall be adjudicated under the terms of such
grievance procedure and not this subsection. Nothing in this
subsection shall be construed to limit the application of any
grievance procedure included in a collective bargaining
agreement.
(h) Eligible Costs.--
(1) Wages and compensation.--
(A) In general.--Subject to paragraph (2), for
purposes of this Act, the eligible costs of providing
wages and compensation shall be the eligible costs of
providing the wages described in subparagraph (B), and
the compensation described in subparagraph (C), for
eligible workers.
(B) Wages.--The eligible costs described in this
subparagraph shall be the costs of providing wages at a
rate that is the greatest of--
(i) the applicable minimum wage rate under
section 6(a)(1) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206(a)(1)) (not counting any
rate authorized for employment under special
certificates under section 14 of such Act (29
U.S.C. 214));
(ii) the applicable State or local minimum
wage rate; or
(iii) a rate, calculated as an amount per
hour, with the amount determined by dividing
the poverty line for a family of 4 by 2,080.
(C) Compensation.--The eligible costs described in
this subparagraph--
(i) subject to clause (ii), shall be
nonwage expenses that are directly related to
compensation for eligible workers, including--
(I) costs for employer payroll
taxes;
(II) costs for employee benefits;
(III) costs to provide a national
service education award for approved
national service positions sponsored
under section 129(i) of the National
and Community Service Act of 1990 (42
U.S.C. 12581(i)); and
(IV) costs of fulfilling the duties
described in subsection (e)(3)(E); and
(ii) for each eligible worker, shall not
exceed 20 percent of the eligible costs of
providing the wages described in subparagraph
(B).
(2) Limitation for duration of wages and compensation.--
(A) In general.--Subject to subparagraph (B), an
eligible cost related to wages and compensation for a
program position is an expense related to the first 12
months of the program position, subject to section
5(e).
(B) Extension.--A local board may extend the 12-
month period described in subparagraph (A) for not more
than an additional 12 months, subject to section 5(e),
to the extent that such extension is necessary to cover
the period of a program position that is part of an on-
the-job training program that leads to a recognized
postsecondary credential.
(3) Career services, supportive services, and training
services.--
(A) Aggregate limit.--The eligible costs of
providing, or facilitating the provision of, career
services, supportive services, and training services to
eligible workers shall, in total, not exceed 20 percent
of the total eligible costs of providing the wages
described in paragraph (1)(B) to those eligible
workers.
(B) Flexibility for individuals.--The limit in
subparagraph (A) shall apply to the eligible costs for
the total amount of such career services, supportive
services, and training services provided by a jobs
program to all eligible workers, and shall not be
construed to constitute a separate limit on the
eligible costs for the career services, supportive
services, and training services so provided to each
eligible worker.
(C) Modification.--The requirements of this
paragraph may be modified under section 5(e).
(4) Administration.--
(A) Local boards.--The eligible costs incurred by a
local board (and a State board, under subparagraph (B))
of administering a jobs program under this section
shall not exceed 10 percent of the total eligible costs
of providing the wages described in paragraph (1)(B) to
all eligible workers served by the jobs program.
(B) State boards.--A State board may enter into an
agreement with a local board to receive a portion of
the amount made available under subparagraph (A) to
carry out the responsibilities of the State board under
subsection (k).
(C) Secretary.--Of the maximum amount that the
Secretary may make available under subparagraph (A)
with respect to a jobs program, the Secretary may
reserve not more than 10 percent to administer the jobs
program under this section.
(5) Modification.--The requirements of paragraphs (2), (3),
and (4) may be modified under section 5(e).
(i) Employer Share for Wages and Compensation.--
(1) In general.--
(A) Baseline.--Except as provided in subparagraph
(C), for a local board carrying out a jobs program in a
covered area where the unemployment rate does not
exceed 5 percent, the employer share of the eligible
costs for wages and compensation shall be 33 percent.
(B) Higher unemployment covered areas.--Except as
provided in subparagraph (C), for a local board
carrying out a jobs program in a covered area where the
unemployment rate exceeds 5 percent, the employer share
of those costs shall be the percentage (not less than 0
percent) obtained by subtracting--
(i) 3.3 percentage points for every half of
a percentage point by which the unemployment
rate in the covered area exceeds 5 percent;
from
(ii) 33 percent.
(C) Second year for program positions leading to
recognized postsecondary credentials.--With respect to
an eligible worker who is in the second year of a
program position that is part of an on-the-job training
program, pre-apprenticeship program, or registered
apprenticeship program, that leads to a recognized
postsecondary credential, the employer share of the
eligible costs of wages and compensation for the
project shall be 50 percent. That employer share for
such a worker shall remain 50 percent regardless of any
change in the unemployment rate of the covered area.
(2) Recalculation.--The employer share under subparagraphs
(A) and (B) of paragraph (1) shall be recalculated for the
local board once per calendar quarter, using the unemployment
rate from the calendar quarter in the 12-month period preceding
the calculation with the highest average unemployment rate in
the covered area.
(3) Modification.--The requirements of this subsection may
be modified under section 5(e).
(j) Requirements for the Secretary of Labor.--The Secretary shall--
(1) oversee jobs programs funded under this Act to ensure
that program requirements are being met, and verify that
requests for Federal funding accurately reflect eligible costs;
(2) perform random, periodic audits to determine compliance
with this Act;
(3) provide payments to local boards for the eligible costs
described in subsection (h), minus any employer share of the
eligible costs described in subsection (i);
(4) evaluate the performance of jobs programs carried out
under this section, which may include entering into agreements
with other entities to conduct such evaluations;
(5) establish a clearinghouse to identify and publicize
best practices used by local boards carrying out such jobs
programs this Act;
(6) provide technical assistance to local boards, and to
State boards that are providing assistance to local boards,
carrying out such jobs programs under this Act;
(7) conduct outreach to State boards, local boards,
employers, and eligible workers to maximize opportunities for
participation in jobs programs by eligible workers, in
furtherance of the purpose of this Act as described in section
2, by providing job opportunities for as many eligible workers
as possible; and
(8) administer this Act in consultation with the Secretary
of Education, the Secretary of Housing and Urban Development,
the Secretary of Health and Human Services, the Attorney
General, and the Secretary of Veterans Affairs.
(k) Role of State Boards.--In order to assist local boards in
carrying out programs under this Act, a State board may--
(1) work with local boards to develop statewide strategies
to implement programs under this Act;
(2) align programs carried out under this Act with the plan
submitted by the State board under subtitle A of title I of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et
seq.);
(3) facilitate coordination of programs carried out under
this Act with the activities carried out under--
(A) the employment and training program established
by the corresponding State under the supplemental
nutrition assistance program established under the Food
and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.);
(B) the corresponding State program for temporary
assistance for needy families established under part A
of title IV of the Social Security Act (42 U.S.C. 601
et seq.);
(C) the national service plan submitted by the
corresponding State Commission on National and
Community Service under section 178 of the National and
Community Service Act of 1990 (42 U.S.C. 12638); and
(D) the corresponding State plan for career and
technical education under part B of title I of the Carl
D. Perkins Career and Technical Education Act of 2006
(20 U.S.C. 2341 et seq.);
(4) assist local boards in the process of submitting
applications under this Act; and
(5) provide technical assistance to local boards and
employers participating in programs under this Act.
(l) Payment.--
(1) Advance payment.--The Secretary may provide a payment
under this Act, as described in subsection (a), for a quarter
on the basis of an advance estimate of expenditures submitted
by the local board and any other investigation the Secretary
may find necessary.
(2) Retrospective adjustment.--The Secretary may reduce or
increase a payment referred to in paragraph (1) for a quarter
as necessary to adjust for any overpayment or underpayment
resulting from such a payment in a previous quarter.
(3) Reimbursement.--The Secretary may provide a
reimbursement payment under this Act, as described in
subsection (a), for a quarter on the basis of the actual
expenditures of the local board, if payment has not already
been made under this subsection for the same expenditure.
(m) Mandatory Funding.--For the purpose of carrying out this
section, there is authorized to be appropriated and there is
appropriated, out of any money in the Treasury not otherwise
appropriated, such sums as may be necessary for fiscal year 2021 and
each subsequent fiscal year.
SEC. 5. GRANTS FOR HIGH-POVERTY AREAS AND AREAS WITH CHRONICALLY LOW
EMPLOYMENT RATES.
(a) Definitions.--In this section:
(1) High-poverty area.--The term ``high-poverty area''
means an area in which the poverty rate, as determined by the
Bureau of the Census, has been not less than 20 percent for a
period of not less than 3 years.
(2) Prime working-age employment-to-population ration.--The
term ``prime working-age employment-to-population ratio'', used
with respect to an area, means the ratio of the number of
individuals age 25 through 54 in the area who are employed, to
the number of individuals age 25 through 54 in the area.
(b) Establishment.--The Secretary shall award grants on a
competitive basis to local boards (including community-based
organizations, consistent with section 4(d)(4)(D)), that carry out jobs
programs described in section 4, to provide for added costs related to
carrying out the programs with modified standards specified in
subsection (e), with the purpose of achieving economic development and
job growth through the programs. The Secretary shall award the grants
for periods of 4 years, and pay such grants as provided under section
4(l).
(c) Application.--To be eligible to receive a grant under this
section, a local board shall submit an application to the Secretary at
such time, in such manner, and containing such information as the
Secretary may require, including--
(1) a plan for the jobs program involved to achieve
performance accountability measures described in section 4(c)
through modified standards described in subsection (e), and
sustain that achievement in the long term without permanent
support from a grant awarded under this section;
(2) information that demonstrates stakeholder engagement in
the jobs program from the public and private sectors,
especially major institutions such as institutions of higher
education, hospitals, or other large employers and
organizations, that are located in the covered area; and
(3) a plan to ensure that residents of the covered area are
part of the operation of and benefit from the results of the
jobs program, which may include a plan to expand worker-owned
enterprises, expand small local businesses, support start-up
businesses owned by covered area residents, or give covered
area residents a role in carrying out the jobs program.
(d) Priority.--In selecting a local board to receive a grant under
this section, the Secretary shall give priority to local boards
proposing to serve--
(1) high-poverty areas; or
(2) areas for which the prime working-age employment-to-
population ratio has been low, relative to that ratio for the
United States, for a period of not less than 3 years.
(e) Modification of Certain Standards.--In awarding a grant under
this section to a local board, the Secretary is authorized to modify 1
or more of the following standards for the program carried out by the
local board, if the Secretary determines that making such a
modification can be reasonably expected to help the program achieve the
performance accountability measures referred to in subsection (c)(1):
(1) The periods of time specified in subparagraphs (C) and
(D) of section 3(3).
(2) The limitation on the percentage or number of employees
in program positions with a single participating employer, as
specified in section 4(f)(4).
(3) The allowable duration of funding for wages and
compensation as eligible costs, for a program position, as
specified in section 4(h)(2).
(4) The limitation on eligible costs for career services,
supportive services, and training services, as specified in
section 4(h)(3).
(5) The limitation on eligible costs for administration, as
specified in section 4(h)(4).
(6) The employer share of eligible costs for wages and
compensation, as specified in section 4(i).
(f) Evaluations.--The Secretary shall--
(1) evaluate the performance of jobs programs that receive
funding under this section, which may include entering into
agreements with other entities to conduct such evaluations; and
(2) identify and publicize best practices used by local
boards carrying out jobs programs that receive funding under
this section, through the clearinghouse described in section
4(j)(5).
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2021 and each subsequent fiscal year.
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