[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4567 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4567
To amend the Workforce Innovation and Opportunity Act regarding reentry
employment opportunities, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 18, 2024
Mr. Cornyn (for himself and Mr. Tillis) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Workforce Innovation and Opportunity Act regarding reentry
employment opportunities, 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 Reentry Act''.
SEC. 2. REENTRY EMPLOYMENT OPPORTUNITIES.
(a) In General.--Subtitle D of title I of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3221 et seq.) is amended--
(1) by redesignating section 172 as section 173; and
(2) by inserting after section 171 the following:
``SEC. 172. 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, and disseminate such evidence to entities supporting
the reentry of justice-involved individuals into the workforce.
``(b) Reentry Employment Competitive Grants, Contracts, and
Cooperative Agreements Authorized.--
``(1) In general.--From the amounts appropriated under
section 173(e) and not reserved under subsection (h), 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;
``(B) may use not more than 30 percent of such
amounts for awards under subparagraph (A) to eligible
entities to serve as national or regional
intermediaries to provide such funds to other eligible
entities to--
``(i) implement reentry projects described
in subparagraph (A); and
``(ii) monitor and support such entities;
``(C) shall use 30 percent of such amounts for
awards under subparagraph (A) to eligible entities
using pay-for-performance contracts--
``(i) that specify a fixed amount that will
be paid to the entity based on the achievement
of specified levels of performance on the
indicators of performance described in
subsections (e)(1)(A)(i) and (e)(2)(A) within a
defined timetable; and
``(ii) which may provide for bonus payments
to such entity to expand capacity to provide
effective services; and
``(D) shall ensure awards under this paragraph are
made to eligible entities from geographically diverse
areas, in addition to the priorities described in
paragraph (4).
``(2) Award periods.--The Secretary shall make awards under
paragraph (1) for an initial period of not more than 4 years.
``(3) Additional awards.--The Secretary may award, for a
period of not more than 4 years, one or more additional awards
to an eligible entity that received an award under paragraph
(1) if the eligible entity achieved the performance levels
agreed upon with the Secretary (as described in subsection
(e)(3)) for the award period immediately before the additional
award.
``(4) Priority.--In making awards under paragraph (1), the
Secretary shall give priority to eligible entities whose
applications submitted under subsection (c) demonstrate a
commitment to use the funds from the award to implement reentry
projects--
``(A) that will serve high-poverty areas;
``(B) that will enroll eligible youth or eligible
adults--
``(i) before the release of the eligible
youth or eligible adult from incarceration in a
correctional institution; or
``(ii) not later than 90 days after such
release;
``(C) that have an evidence-based strategy and
design;
``(D) that establish partnerships with--
``(i) businesses; or
``(ii) institutions of higher education or
providers under section 122 (as determined by
the State where services are being provided) to
provide project participants with programs of
study leading to recognized postsecondary
credentials (as identified in a State plan
under subtitle A) in in-demand occupations; or
``(E) that provide training services, including
customized training and on-the-job training, that are
designed to meet the specific 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
preparation.
``(c) Application.--
``(1) Form and procedure.--To be qualified to receive an
award under subsection (b)(1), 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) and, as applicable, paragraph (3).
``(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 an award
under subsection (b)(1), 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 of the reentry project 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-stop operators, community-based
organizations, and employers (including
employers that are located in the area to be
served by such reentry project) 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 each subpopulation of
individuals with barriers to employment, and by race,
ethnicity, sex and age, and report to the Secretary the
data required with respect to the reentry project
carried out by the eligible entity for purposes of
determining levels of performance achieved and
conducting the evaluation under subsection (f).
``(K) An assurance that the eligible entity will
provide matching funds, as described in subsection
(d)(4).
``(L) A description of how the eligible entity
plans to continue the reentry project after the award
period.
``(3) Additional content for intermediary applicants.--An
application submitted under paragraph (1) by an eligible entity
seeking to serve as a national or regional intermediary as
described in subsection (b)(1)(B) shall also contain the
following:
``(A) An identification and description of the
eligible entities that will be subgrantees of such
intermediary for purposes of implementing the reentry
projects, which shall include subgrantees in--
``(i) not less than 3 noncontiguous
metropolitan areas or rural areas; and
``(ii) not less than 2 States.
``(B) A description of the services and supports
the intermediary will provide to the subgrantees,
including administrative and fiscal support to ensure
the subgrantees comply with all award requirements.
``(C) A description of how the intermediary will
facilitate the replication of evidence-based practices
or other best practices identified by the intermediary
across all subgrantees.
``(D) If such intermediary is currently receiving,
or has previously received, funds under this section as
an intermediary to implement a reentry project, an
assurance that none of the subgrantees identified under
subparagraph (A) were previous subgrantees of the
intermediary for such reentry project that failed to
meet the levels of performance established for such
reentry project.
``(d) Uses of Funds.--
``(1) Required activities.--An eligible entity that
receives funds under subsection (b)(1) shall use such funds to
implement a reentry project for eligible adults or eligible
youth that provides each of the following:
``(A) One or more of the individualized career
services listed in subclause (I) through (IX) of
section 134(c)(2)(A)(xii).
``(B) One or more of the training services listed
in clauses (i) through (xi) in section 134(c)(3)(D),
including subsidized employment opportunities through
transitional jobs.
``(C) For participants who are eligible youth, one
or more of the program elements listed in subparagraphs
(A) through (N) of section 129(c)(2).
``(2) Allowable activities.--An eligible entity that
receives funds under subsection (b)(1) may use such funds to
implement a reentry project for eligible adults or eligible
youth that provides the following:
``(A) Follow-up services after placement in
unsubsidized employment as described in section
134(c)(2)(A)(xiii).
``(B) Apprenticeship programs.
``(C) Education in digital literacy skills.
``(D) Mentoring.
``(E) Assistance in obtaining employment, including
as a result of the eligible entity--
``(i) establishing and developing
relationships and networks with large and small
employers; and
``(ii) coordinating with employers to
develop customized training programs and on-
the-job training.
``(F) Assistance with driver's license
reinstatement and fees for driver's licenses and
obtaining other necessary documents for employment.
``(G) Provision of or referral to evidence-based
mental health treatment by licensed practitioners.
``(H) Provision of or referral to substance use
disorder treatment services, provided that funds
awarded under subsection (b)(1) are only used to
provide such services to participants who are unable to
obtain such services through other programs providing
such services.
``(I) Provisions of or referral to supportive
services, provided that no more than 5 percent of funds
awarded to an eligible entity under subsection (b)(1)
may be used to provide such services to participants
who are able to obtain such services through other
programs providing such services.
``(3) Administrative cost limit.--An eligible entity may
not use more than 7 percent of the funds received under
subsection (b)(1) for administrative costs, including for costs
related to collecting information, analysis, and coordination
for purposes of subsection (e) or (f).
``(4) Matching funds.--
``(A) In general.--Except as provided in
subparagraph (B), an eligible entity shall provide a
non-Federal contribution, which may be provided in cash
or in kind, for the costs of the project in an amount
that is not less than 25 percent of the total amount of
funds awarded to the entity for such period.
``(B) Exception.--The Secretary may waive the
matching funds requirement under subparagraph (A), on a
case-by-case basis and for not more than 20 percent of
all awards made under subsection (b)(1), if the
eligible entity receiving the award demonstrates
significant financial hardship.
``(e) Levels of Performance.--
``(1) Establishment of levels.--
``(A) In general.--The Secretary shall establish
expected levels of performance for reentry projects
funded under this section for--
``(i) each of the primary indicators of
performance for adults and youth described in
section 116(b)(2); and
``(ii) an indicator of performance
established by the Secretary with respect to
participant recidivism.
``(B) Updates.--The levels established under
subparagraph (A) shall be updated for each 4-year award
period.
``(2) 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 subsection (b)(1) that will be subject
to such levels based on, as the Secretary determines relevant
for each indicator of performance, the following factors:
``(A) The expected performance levels of each such
eligible entity described in the application submitted
under subsection (c)(2)(H).
``(B) The 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.
``(C) The characteristics of project participants
when entering the project involved, including--
``(i) criminal records;
``(ii) indicators of poor work history;
``(iii) lack of work experience;
``(iv) lack of educational or occupational
skills attainment;
``(v) low levels of literacy or English
proficiency;
``(vi) disability status;
``(vii) homelessness; and
``(viii) receipt of public assistance.
``(3) Failure to meet performance levels.--In the case of
an eligible entity that fails to meet the performance levels
under paragraph (1), 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 subsection (b)(1) is made, the Secretary
(acting through the Chief Evaluation Officer) shall meet each
of the following requirements:
``(A) Design and conduct of evaluation.--Design and
conduct an evaluation to evaluate the effectiveness of
the reentry projects funded under subsection (b)(1),
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 outcomes in employment, compensation
(which may include wages earned and benefits),
career advancement, measurable skill gains,
credentials earned, 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 effectively serve 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
development 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.
``(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
disclose personally identifiable information.
``(2) Design requirements.--An evaluation under this
paragraph (1)(A)--
``(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 a 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 the Workforce 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 year
preceding the report;
``(B) the percentage of such individuals who
successfully completed the requirements of such
projects;
``(C) the performance during the year preceding the
report of eligible entities on such projects as
measured by the performance indicators set forth in
subsection (e); and
``(D) an explanation of any waivers granted by the
Secretary of the matching requirement under subsection
(d)(4).
``(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) Reservation of Funds.--Of the funds appropriated under
section 173(e) for a fiscal year, the Secretary--
``(1) may reserve not more than 5 percent for the
administration of awards under subsection (b)(1), of which not
more than 2 percent of the funds appropriated may be reserved
for the provision of--
``(A) technical assistance to eligible entities
that receive funds under such subsection; and
``(B) outreach and technical assistance to eligible
entities desiring to receive such funds, including
assistance with application development and submission;
and
``(2) 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) Award.--The term `award' means a grant, contract, or
cooperative agreement.
``(2) Chief evaluation officer.--The term `Chief Evaluation
Officer' means the head of the independent evaluation office in
the Office of the Assistant Secretary for Policy of the
Department of Labor.
``(3) 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.
``(4) Correctional institution.--The term `correctional
institution' has the meaning given the term in section 225(e).
``(5) 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 entity eligible for grants under section
166(c);
``(E) a labor organization or joint labor-
management organization;
``(F) an industry or sector partnership;
``(G) an institution of higher education; or
``(H) a consortium of the entities described in
subparagraphs (A) through (G).
``(6) 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 before enrollment
in a project funded under subsection (b)(1).
``(7) Eligible youth.--The term `eligible youth' means a
justice-involved individual who is not younger than age 14 or
older than age 24.
``(8) Evidence-based.--The term `evidence-based', when used
with respect to an activity, service, strategy, or
intervention, means an activity, service, strategy, or
intervention that--
``(A) demonstrates a statistically significant
effect on improving participant outcomes or other
relevant outcomes based on--
``(i) strong evidence from at least 1 well-
designed and well-implemented experimental
study;
``(ii) moderate evidence from at least 1
well-designed and well-implemented quasi-
experimental study; or
``(iii) promising evidence from at least 1
well-designed and well-implemented
correlational study with statistical controls
for selection bias; or
``(B)(i) demonstrates a rationale based on high-
quality research findings or positive evaluation that
such activity, strategy, or intervention is likely to
improve student outcomes or other relevant outcomes;
and
``(ii) includes ongoing efforts to examine the
effects of such activity, service, strategy, or
intervention.
``(9) High-poverty.--The term `high-poverty', when used
with respect to a geographic area, means an area with a poverty
rate of at least 20 percent as determined based on the most
recently available data from the American Community Survey
conducted by the Bureau of the Census.
``(10) Justice-involved individual.--The term `justice-
involved individual' means an individual who has been convicted
as a juvenile or an adult and imprisoned under Federal or State
law.
``(11) Work-based learning.--The term `work-based learning'
has the meaning given the term in section 3 of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2302).''.
(b) Conforming Amendment.--The table of contents in section 1(b) of
the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 note) is
amended--
(1) by redesignating the item relating to section 172 as
section 173;
(2) by inserting after the item relating to section 171,
the following:
``Sec. 172. Reentry employment opportunities''.
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