H.R. 3425 (112th): Pathways Back to Work Act of 2011

112th Congress, 2011–2013. Text as of Nov 15, 2011 (Introduced).

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I

112th CONGRESS

1st Session

H. R. 3425

IN THE HOUSE OF REPRESENTATIVES

November 15, 2011

(for himself, Mr. Payne, Mr. Hinojosa, Mr. Bishop of New York, Ms. Woolsey, Mr. Kildee, and Mr. Loebsack) introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL

To provide subsidized employment for unemployed, low-income adults, provide summer employment and year-round employment opportunities for low-income youth, and carry out work-related and educational strategies and activities of demonstrated effectiveness, and for other purposes.

1.

Short title

This Act may be cited as the Pathways Back to Work Act of 2011.

2.

Establishment of Pathways Back to Work Fund

(a)

Establishment

There is established in the Treasury of the United States an account, which shall be known as the Pathways Back to Work Fund (referred to in this Act as the Fund), consisting of the amounts as are paid to the Fund under subsection (b).

(b)

Payment into the fund

Out of any amounts in the general fund of the Treasury not otherwise appropriated, there is appropriated $5,000,000,000, which shall be paid to the Fund, to be used by the Secretary of Labor to carry out this Act.

(c)

Period of availability

The amounts appropriated under this Act shall be available for obligation by the Secretary of Labor through December 31, 2012, and shall be available for expenditure by recipients of grants and subgrants under this Act through September 30, 2013.

3.

Availability of funds

(a)

In general

Using the amounts available through the Fund under section 2(b), the Secretary of Labor shall, subject to subsection (b)—

(1)

allot $2,000,000,000 in accordance with section 4 to provide subsidized employment to unemployed, low-income adults;

(2)

allot $1,500,000,000 in accordance with section 5 to provide summer employment and year-round employment opportunities to low-income youth; and

(3)

use $1,500,000,000 in accordance with section 6 to award grants on a competitive basis to local entities to carry out work-based training and other work-related and educational strategies and activities of demonstrated effectiveness to unemployed, low-income adults and low-income youth to provide the skills and assistance needed to obtain employment.

(b)

Reservation

The Secretary of Labor may reserve not more than 1 percent of the amounts available through the Fund under each of paragraphs (1) through (3) of subsection (a) to pay for the costs of technical assistance, evaluations, and Federal administration of this Act.

4.

Subsidized employment for unemployed, low-income adults

(a)

In general

(1)

Allotments

From the funds available under section 3(a)(1), the Secretary of Labor shall make an allotment under subsection (b) to each State that has a State plan approved under subsection (c) and to each outlying area and recipient under section 166(c) of the Workforce Investment Act of 1998 (29 U.S.C. 2911(c)) that meets the requirements of this section, for the purpose of providing subsidized employment opportunities to unemployed, low-income adults.

(2)

Guidance

Not later than 30 days after the date of enactment of this Act, the Secretary of Labor, in coordination with the Secretary of Health and Human Services, shall issue guidance regarding the implementation of this section. Such guidance shall, consistent with this section, include procedures for the submission and approval of State and local plans and the allotment and allocation of funds, including reallotment and reallocation of such funds, that promote the expeditious and effective implementation of the activities authorized under this section.

(b)

State allotments

(1)

Reservations for outlying areas and tribes

Of the funds described in subsection (a)(1), the Secretary shall reserve—

(A)

not more than 1/4 of 1 percent to provide assistance to outlying areas to provide subsidized employment to unemployed, low-income adults; and

(B)

1.5 percent to provide assistance to recipients under section 166(c) of the Workforce Investment Act of 1998 (relating to Native Americans; 29 U.S.C. 2911(c)) to provide subsidized employment to unemployed, low-income adults.

(2)

States

After determining the amounts to be reserved under section 3(b) and paragraph (1), the Secretary of Labor shall allot the remainder of the funds described in subsection (a)(1) among the States by allotting—

(A)

one-third on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each State, compared to the total number of unemployed individuals in areas of substantial unemployment in all States;

(B)

one-third on the basis of the relative excess number of unemployed individuals in each State, compared to the total excess number of unemployed individuals in all States; and

(C)

one-third on the basis of the relative number of disadvantaged adults and youth in each State, compared to the total number of disadvantaged adults and youth in all States.

(3)

Definitions

For purposes of the formula described in paragraph (2)—

(A)

Area of substantial unemployment

The term area of substantial unemployment means any contiguous area that has a population of at least 10,000, and that has an average rate of unemployment of at least 6.5 percent for the most recent 12 months, as determined by the Secretary.

(B)

Disadvantaged adult or youth

The term disadvantaged adult or youth means an individual who is age 16 or older (subject to section 132(b)(1)(B)(v)(I) of the Workforce Investment Act of 1998 (29 U.S.C. 2862(b)(1)(B)(v)(I)) who received an income, or is a member of a family that received a total family income, that, in relation to family size, does not exceed the higher of—

(i)

the poverty line; or

(ii)

70 percent of the lower living standard income level.

(C)

Excess number

The term excess number means, used with respect to unemployed individuals in a State, the higher of—

(i)

the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in the State; or

(ii)

the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in areas of substantial unemployment in such State.

(4)

Reallotment

If the Governor of a State does not submit a State plan by the date specified in subsection (c)(2)(B), or a State does not receive approval of a State plan, the amount the State would have been eligible to receive pursuant to the formula under paragraph (2) shall be transferred within the Fund and added to the amounts available for competitive grants under section 3(a)(3).

(c)

State plan

(1)

In general

For a State to be eligible to receive an allotment of funds under subsection (b), the Governor of the State shall submit to the Secretary of Labor a State plan in such form and containing such information as the Secretary may require. At a minimum, such plan shall include—

(A)

a description of the strategies and activities to be carried out by the State, in coordination with employers in the State, to provide subsidized employment opportunities to unemployed, low-income adults, including strategies relating to the level and duration of subsidies consistent with subsection (e)(2);

(B)

a description of the requirements the State will apply relating to the eligibility of unemployed, low-income adults, consistent with section 8, for subsidized employment opportunities, which requirements may include criteria to target assistance to particular categories of such adults, such as individuals with disabilities or individuals who have exhausted all rights to unemployment compensation;

(C)

a description of how the funds allotted to provide subsidized employment opportunities will be administered in the State and (if administered by entities described in subsection (d)(1)(A)) in local areas, in accordance with subsection (d);

(D)

a description of the performance outcomes to be achieved by the State through the activities carried out under this section and the processes the State will use to track performance, consistent with guidance provided by the Secretary of Labor regarding such outcomes and processes and with section 7(b);

(E)

a description of the coordination of activities to be carried out with the funds provided under this section with activities under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.), the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act (referred to in this Act as the TANF program; 42 U.S.C. 601 et seq.) and other appropriate Federal and State programs that may assist unemployed, low-income adults in obtaining and retaining employment;

(F)

a description of the timelines for implementation of the activities described in subparagraph (A), and the number of unemployed, low-income adults expected to be placed in subsidized employment by calendar quarter;

(G)

assurances that the State will report such information as the Secretary of Labor may require relating to fiscal, performance, and other matters as the Secretary determines is necessary to effectively monitor the activities carried out under this section; and

(H)

assurances that the State will ensure compliance with the requirements, restrictions, labor standards, and other provisions described in section 7(a).

(2)

Submission and approval of State plan

(A)

Submission with other plans

The State plan described in paragraph (1) may be submitted in conjunction with the State plan modification or other request for funds by the State required under section 5, and may be submitted as a modification to a State plan that has been approved under section 112 of the Workforce Investment Act of 1998 (29 U.S.C. 2822).

(B)

Submission and approval

(i)

Submission

The Governor shall submit the State plan described in paragraph (1) to the Secretary of Labor not later than 75 days after the date of enactment of this Act and the Secretary of Labor shall make a determination regarding the approval or disapproval of such plan not later than 45 days after the submission of such plan. If the plan is disapproved, the Secretary of Labor may provide a reasonable period of time in which the plan may be amended and resubmitted for approval.

(ii)

Approval

The Secretary of Labor shall approve a State plan that the Secretary determines is consistent with the requirements of this section and reasonably appropriate and adequate to carry out the objectives of this section. If the plan is approved, the Secretary shall allot funds to the State under subsection (b) within 30 days after such approval.

(3)

Modifications to State plan

The Governor may submit a modification to a State plan under this subsection, consistent with the requirements of this section.

(d)

Administration within the State

(1)

Option

The State may administer the funds for activities under this section through—

(A)

the State and local entities responsible for the administration of the formula program of workforce investment activities for adults under subtitle B of title I of the Workforce Investment Act of 1998;

(B)

the State agency or agencies responsible for the administration of the TANF program; or

(C)

a combination of the entities and agency or agencies described in subparagraphs (A) and (B).

(2)

Within-State allocations

(A)

Allocation of funds

The Governor may reserve not more than 5 percent of the funds made available through the allotment under subsection (b)(2), for administration and technical assistance, and shall allocate the remainder, in accordance with the option elected under paragraph (1)—

(i)

among local workforce investment areas within the State in accordance with subparagraphs (A), (B), and (C) of subsection (b)(2), except that for purposes of such allocation references to a State in such subsection shall be deemed to be references to a local workforce investment area and references to all States shall be deemed to be references to all local workforce investment areas in the State involved, and not more than 10 percent of the funds so allocated to a local workforce investment area may be used for the costs of administration of this section; or

(ii)

through entities responsible for the provision of services under the TANF program to local populations in such manner as the State agency or agencies responsible for the administration of the TANF program may determine to be appropriate.

(B)

Local plans

(i)

In general

In a case in which the responsibility for the administration of the activities described in subsection (e) is to be carried out by the entities described in paragraph (1)(A), in order to receive an allocation under subparagraph (A)(i), a local workforce investment board, in partnership with the chief elected official of the local workforce investment area involved, shall submit to the Governor a local plan for the use of such funds under this section not later than 30 days after the submission of the State plan. Such local plan may be submitted as a modification to a local plan approved under section 118 of the Workforce Investment Act of 1998 (29 U.S.C. 2828).

(ii)

Contents

The local plan described in clause (i) shall contain the information described in subparagraphs (A) through (H) of subsection (c)(1), as applied to the local workforce investment area.

(iii)

Approval

The Governor shall approve or disapprove the local plan submitted under clause (i) not later than a date (referred to in this clause as the final determination date) that is the later of the 30th day after the submission of the local plan or the 30th day after the approval of the State plan. The Governor shall approve the local plan unless the Governor determines that the plan is inconsistent with the requirements of this section or is not reasonably appropriate and adequate to carry out the objectives of this section. If the Governor has not made a determination by the final determination date, the plan shall be considered to be approved. If the plan is disapproved, the Governor may provide a reasonable period of time in which the plan may be amended and resubmitted for approval. If the plan is approved, the Governor shall allocate funds to the local workforce investment area involved under subparagraph (A)(i) within 30 days after such approval.

(C)

Reallocation of funds to local workforce investment areas

If a local workforce investment board and chief elected official do not submit a local plan by the date specified in subparagraph (B)(i), or the Governor disapproves a local plan, the amount the local workforce investment area would have been eligible to receive pursuant to the formula under subparagraph (A)(i) shall be allocated to local workforce investment areas that receive approval of their local plans under subparagraph (B). Each such local workforce investment area shall receive a share of the total amount available for reallocation under this subparagraph, in accordance with the area's share of the total amount allocated under subparagraph (A)(i) to such local workforce investment areas.

(e)

Use of funds

(1)

In general

The funds made available under this section shall be used to provide subsidized employment for unemployed, low-income adults. The entities described in subsection (d)(1) may use a variety of strategies in recruiting employers and identifying appropriate employment opportunities, but shall give priority to providing employment opportunities likely to lead to unsubsidized employment in emerging or in-demand occupations in the area served through the grant involved. Funds made available under this section may be used to provide support services, such as transportation and child care, that are necessary to enable the participation of such adults in subsidized employment opportunities.

(2)

Level of subsidy and duration

The entities described in subsection (d)(1) may determine the percentage of the wages and costs of employing a participant for which an employer may receive a subsidy with the funds made available under this section, and the duration of such subsidy, in accordance with guidance issued by the Secretary in coordination with the Secretary of Health and Human Services. The entities may establish criteria for determining such percentage or duration, using appropriate factors such as the size of the employer and types of employment.

(f)

Coordination of Federal administration

The Secretary of Labor shall administer this section in coordination with the Secretary of Health and Human Services to ensure the effective implementation of this section.

5.

Summer employment and year-round employment opportunities for low-income and disconnected youth

(a)

In general

From the funds available under section 3(a)(2), the Secretary of Labor shall make an allotment under subsection (c) to each State that has a modification to a State plan approved under section 112 of the Workforce Investment Act of 1998 (29 U.S.C. 2822) (referred to in this section as a State plan modification) (or other State request for funds specified in guidance under subsection (b)) approved under subsection (d) and to each outlying area and recipient under section 166(c) of the Workforce Investment Act of 1998 (29 U.S.C. 2911(c)) (referred to in this section as a Native American grantee) that meets the requirements of this section, for the purpose of providing summer employment and year-round employment opportunities to low-income youth.

(b)

Guidance and application of requirements

(1)

Guidance

Not later than 20 days after the date of enactment of this Act, the Secretary of Labor shall issue guidance regarding the implementation of this section.

(2)

Procedures

Such guidance shall, consistent with this section, include procedures for—

(A)

the submission and approval of State plan modifications, for such other forms of requests for funds by the State as may be identified in such guidance, for modifications to local plans approved under section 118 of the Workforce Investment Act of 1998 (29 U.S.C. 2833) (referred to individually in this section as a local plan modification), or for such other forms of requests for funds by local workforce investment areas as may be identified in such guidance, that promote the expeditious and effective implementation of the activities authorized under this section; and

(B)

the allotment and allocation of funds, including reallotment and reallocation of such funds that promote such implementation.

(3)

Requirements

Except as otherwise provided in the guidance described in paragraph (1) and in this section and other provisions of this Act, the funds provided for activities under this section shall be administered in accordance with the provisions of subtitles B and E of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq., 2911 et seq.) relating to youth activities.

(c)

State allotments

(1)

Reservations for outlying areas and tribes

Of the funds described in subsection (a), the Secretary shall reserve—

(A)

not more than 1/4 of 1 percent to provide assistance to outlying areas to provide summer employment and year-round employment opportunities to low-income youth; and

(B)

1.5 percent to provide assistance to Native American grantees to provide summer employment and year-round employment opportunities to low-income youth.

(2)

States

After determining the amounts to be reserved under section 3(b) and paragraph (1), the Secretary of Labor shall allot the remainder of the funds described in subsection (a) among the States in accordance with the subparagraphs (A), (B), and (C) of section 4(b)(2).

(3)

Reallotment

If the Governor of a State does not submit a State plan modification or other State request for funds specified in guidance under subsection (b) by the date specified in subsection (d)(2)(B), or a State does not receive approval of such State plan modification or request, the amount the State would have been eligible to receive pursuant to the formula under paragraph (2) shall be transferred within the Fund and added to the amounts available for competitive grants under section 3(a)(3).

(d)

State plan modification

(1)

In general

For a State to be eligible to receive an allotment of funds under subsection (c), the Governor of the State shall submit to the Secretary of Labor a State plan modification, or other State request for funds specified in guidance under subsection (b), in such form and containing such information as the Secretary may require. At a minimum, such State plan modification or request shall include—

(A)

a description of the strategies and activities to be carried out to provide summer employment opportunities and year-round employment opportunities, including linkages to training and educational activities, consistent with subsection (f);

(B)

a description of the requirements the States will apply relating to the eligibility of low-income youth, consistent with section 8, for summer employment opportunities and year-round employment opportunities, which requirements may include criteria to target assistance to particular categories of such low-income youth, such as youth with disabilities, consistent with subsection (f);

(C)

a description of the performance outcomes to be achieved by the State through the activities carried out under this section and the processes the State will use to track performance, consistent with guidance provided by the Secretary of Labor regarding such outcomes and processes and with section 7(b);

(D)

a description of the timelines for implementation of the activities described in subparagraph (A), and the number of low-income youth expected to be placed in summer employment opportunities, and year-round employment opportunities, respectively, by calendar quarter;

(E)

assurances that the State will report such information as the Secretary may require relating to fiscal, performance, and other matters as the Secretary determines is necessary to effectively monitor the activities carried out under this section;

(F)

assurances that the State will ensure compliance with the requirements, restrictions, labor standards, and other provisions described in section 7(a); and

(G)

for any employment opportunity that will provide participants with an industry-recognized credential, a description of the credential.

(2)

Submission and approval of State plan modification or request

(A)

Submission

The Governor shall submit the State plan modification or other State request for funds specified in guidance under subsection (b) to the Secretary of Labor not later than 30 days after the issuance of such guidance. The State plan modification or other State request for funds may be submitted in conjunction with the State plan required under section 4.

(B)

Approval

The Secretary of Labor shall approve the State plan modification or request submitted under subparagraph (A) within 30 days after submission, unless the Secretary determines that the plan or request is inconsistent with the requirements of this section. If the Secretary has not made a determination within that 30-day period, the plan or request shall be considered to be approved. If the plan or request is disapproved, the Secretary may provide a reasonable period of time in which the plan or request may be amended and resubmitted for approval. If the plan or request is approved, the Secretary shall allot funds to the State under subsection (c) within 30 days after such approval.

(3)

Modifications to State plan or request

The Governor may submit further modifications to a State plan modification or other State request for funds specified under subsection (b), consistent with the requirements of this section.

(e)

Within-State allocation and administration

(1)

In general

Of the funds allotted to the State under subsection (c), the Governor—

(A)

may reserve not more than 5 percent of the funds for administration and technical assistance; and

(B)

shall allocate the remainder of the funds among local workforce investment areas within the State in accordance with subparagraphs (A), (B), and (C) of section 4(b)(2), except that for purposes of such allocation references to a State in such subsection shall be deemed to be references to a local workforce investment area and references to all States shall be deemed to be references to all local workforce investment areas in the State involved. Not more than 10 percent of the funds so allocated to a local workforce investment area may be used for the costs of administration of this section.

(2)

Local plan

(A)

Submission

In order to receive an allocation under paragraph (1)(B), the local workforce investment board, in partnership with the chief elected official for the local workforce investment area involved, shall submit to the Governor a local plan modification, or such other request for funds by local workforce investment areas as may be specified in guidance under subsection (b), not later than 30 days after the submission by the State of the State plan modification or other State request for funds specified in guidance under subsection (b), describing the strategies and activities to be carried out under this section.

(B)

Approval

The Governor shall approve the local plan modification or other local request for funds submitted under subparagraph (A) within 30 days after submission, unless the Governor determines that the plan or request is inconsistent with requirements of this section. If the Governor has not made a determination within that 30-day period, the plan shall be considered to be approved. If the plan or request is disapproved, the Governor may provide a reasonable period of time in which the plan or request may be amended and resubmitted for approval. If the plan or request is approved, the Governor shall allocate funds to the local workforce investment area within 30 days after such approval.

(3)

Reallocation

If a local workforce investment board and chief elected official do not submit a local plan modification (or other local request for funds specified in guidance under subsection (b)) by the date specified in paragraph (2), or the Governor disapproves a local plan, the amount the local workforce investment area would have been eligible to receive pursuant to the formula under paragraph (1)(B) shall be allocated to local workforce investment areas that receive approval of their local plan modifications or local requests for funds under paragraph (2). Each such local workforce investment area shall receive a share of the total amount available for reallocation under this subparagraph, in accordance with the area's share of the total amount allocated under paragraph (1)(B) to such local workforce investment areas.

(f)

Use of funds

(1)

In general

The funds made available under this section shall be used—

(A)

to provide summer employment opportunities for low-income youth, with direct linkages to academic and occupational learning, and may be used to provide supportive services, such as transportation or child care, that is necessary to enable the participation of such youth in the opportunities; and

(B)

to provide year-round employment opportunities, which may be combined with other activities authorized under section 129 of the Workforce Investment Act of 1998 (29 U.S.C. 2854), to low-income youth, giving priority to out-of-school youth who are—

(i)

high school dropouts; or

(ii)

recipients of a secondary school diploma or its recognized equivalent but who are basic skills deficient, unemployed, or underemployed.

(2)

Program priorities

In administering the funds under this section, the local board and chief elected official shall give priority to—

(A)

identifying employment opportunities that are—

(i)

in emerging or in-demand occupations in the local workforce investment area; or

(ii)

in the public or nonprofit sector and meet community needs; and

(B)

linking participants in year-round employment opportunities to training and educational activities that will provide such participants with an industry-recognized credential.

(3)

Performance accountability

For activities funded under this section, in lieu of meeting the requirements described in section 136 of the Workforce Investment Act of 1998 (29 U.S.C. 2871), States and local workforce investment areas shall provide such reports as the Secretary of Labor may require regarding the performance outcomes described in section 7(b)(5).

6.

Work-related and educational strategies and activities of demonstrated effectiveness

(a)

In general

From the funds available under section 3(a)(3), the Secretary of Labor shall award grants on a competitive basis to eligible entities to carry out work-related and educational strategies and activities of demonstrated effectiveness.

(b)

Eligible entity

To be eligible to receive a grant under ths section, an entity—

(1)

shall include—

(A)

a partnership involving a chief elected official, and the local workforce investment board for the local workforce investment area involved (which may include a partnership with elected officials and workforce investment boards in the region and in the State); or

(B)

an entity eligible to apply for a grant, contract, or agreement under section 166 of the Workforce Investment Act of 1998 (29 U.S.C. 2911); and

(2)

may include, in combination with a partnership or entity described in paragraph (1)—

(A)

employers or employer associations;

(B)

adult education providers or postsecondary educational institutions, including community colleges;

(C)

community-based organizations;

(D)

joint labor-management committees;

(E)

work-related intermediaries; or

(F)

other appropriate organizations.

(c)

Application

To be eligible to receive a grant under this section, an entity shall submit to the Secretary of Labor an application at such time, in such manner, and containing such information as the Secretary may require. At a minimum, the application shall—

(1)

describe the strategies and activities of demonstrated effectiveness that the eligible entity will carry out to provide unemployed, low-income adults and low-income youth with skills that will lead to employment upon completion of participation in such activities;

(2)

describe the requirements that will apply relating to the eligibility of unemployed, low-income adults or low-income youth, consistent with section 8, for activities carried out under this section, which requirements may include criteria to target assistance to particular categories of such adults and youth, such as individuals with disabilities or individuals who have exhausted all rights to unemployment compensation;

(3)

describe how the strategies and activities will address the needs of the target populations identified in paragraph (2) and the needs of employers in the local workforce investment area;

(4)

describe the expected outcomes to be achieved by implementing the strategies and activities;

(5)

provide evidence that the funds provided through the grant will be expended expeditiously and efficiently to implement the strategies and activities;

(6)

describe how the strategies and activities will be coordinated with other Federal, State, and local programs providing employment, education, and supportive activities;

(7)

provide evidence of employer commitment to participate in the activities funded under this section, including identification of anticipated occupational and skill needs;

(8)

provide assurances that the eligible entity will report such information as the Secretary may require relating to fiscal, performance, and other matters as the Secretary determines is necessary to effectively monitor the activities carried out under this section;

(9)

provide assurances that the eligible entity will ensure compliance with the requirements, restrictions, labor standards, and other provisions described in section 7(a); and

(10)

for any activity leading to the acquisition of an industry-recognized credential, a description of the credential.

(d)

Priority in awards

In awarding grants under this section, the Secretary of Labor shall give priority to applications submitted by eligible entities from areas of high poverty and high unemployment, as defined by the Secretary, such as Public Use Microdata Areas designated by the Bureau of the Census.

(e)

Use of funds

An entity that receives a grant under this section shall use the funds made available through the grant to support strategies and activities of demonstrated effectiveness that are designed to provide unemployed, low-income adults or low-income youth with skills that will lead to employment as part of or upon completion of participation in such activities. Such strategies and activities may include—

(1)

on-the-job training, registered apprenticeship programs, or other programs that combine work with skills development;

(2)

sector-based training programs that have been designed to meet the specific requirements of an employer or group of employers in that sector and for which employers are committed to hiring individuals upon successful completion of the training;

(3)

training that supports an industry sector or an employer-based or labor-management committee industry partnership and that includes a significant work experience component;

(4)

activities that lead to the acquisition of industry-recognized credentials in a field identified by the State or local workforce investment area as a growth sector or in-demand industry in which there are likely to be significant job opportunities in the short term;

(5)

activities that provide connections to immediate work opportunities, including subsidized employment opportunities, or summer employment opportunities for youth, that include concurrent skills training and other supports;

(6)

activities offered through career academies that provide students with the academic preparation and training, such as paid internships and concurrent enrollment in community colleges or other postsecondary institutions, needed to pursue a career pathway that leads to postsecondary credentials and high-demand jobs; and

(7)

adult basic education and integrated basic education and training for low-skilled adults that are tied to employer workforce needs, hosted at community colleges or at other sites, to prepare individuals for jobs that are in demand in a local workforce investment area.

(f)

Coordination of Federal administration

The Secretary of Labor shall administer this section in coordination with the Secretary of Education, the Secretary of Health and Human Services, and other appropriate agency heads, to ensure the effective implementation of this section.

7.

General requirements

(a)

Labor standards and protections

Activities provided with funds made available under this Act shall be subject to the requirements and restrictions, including the labor standards, described in section 181 of the Workforce Investment Act of 1998 (29 U.S.C. 2931) and the nondiscrimination provisions of section 188 of such Act (29 U.S.C. 2938), in addition to other applicable Federal laws.

(b)

Reporting

The Secretary shall require the reporting of information relating to fiscal, performance, and other matters that the Secretary determines is necessary to effectively monitor the activities carried out with funds provided under this Act. At a minimum, recipients of grants or subgrants under this Act shall provide information relating to—

(1)

the number of individuals participating in activities with funds provided under this Act and the number of such individuals who have completed such participation;

(2)

the expenditures of funds provided under this Act;

(3)

the number of jobs created pursuant to the activities carried out under this Act;

(4)

the demographic characteristics of individuals participating in activities under this Act; and

(5)

the performance outcomes for individuals participating in activities under this Act, including—

(A)

for adults participating in activities funded under section 4 performance on indicators consisting of—

(i)

entry into unsubsidized employment;

(ii)

retention in unsubsidized employment; and

(iii)

earnings in unsubsidized employment;

(B)

for low-income youth participating in summer employment activities under sections 5 and 6 performance on indicators consisting of—

(i)

work readiness skill attainment, using an employer-validated checklist;

(ii)

placement in or return to secondary or postsecondary education or training, or entry into unsubsidized employment;

(C)

for low-income youth participating in year-round employment activities under section 5 or in activities under section 6 performance on indicators consisting of—

(i)

placement in or return to postsecondary education;

(ii)

attainment of a secondary school diploma or its recognized equivalent;

(iii)

attainment of an industry-recognized credential; and

(iv)

entry into unsubsidized employment, retention, and earnings as described in subparagraph (A); and

(D)

for unemployed, low-income adults participating in activities under section 6—

(i)

entry into unsubsidized employment, retention, and earnings as described in subparagraph (A); and

(ii)

attainment of an industry-recognized credential.

(c)

Activities required To be additional

Funds provided under this Act shall only be used for activities that are in addition to activities that would otherwise be available in the State or local workforce investment area in the absence of such funds.

(d)

Additional requirements

The Secretary of Labor may establish such additional requirements as the Secretary determines may be necessary to ensure fiscal integrity, effective monitoring, and appropriate and prompt implementation of the activities under this Act.

(e)

Report of information and evaluations to Congress and the public

The Secretary of Labor shall provide to the appropriate committees of Congress and make available to the public the information reported pursuant to subsection (b) and the evaluations of activities carried out with the funds reserved under section 3(b).

8.

Definitions

In this Act:

(1)

Chief elected official

The term chief elected official means the chief elected executive officer of a unit of local government in a local workforce investment area or in the case in which such an area includes more than one unit of general government, the individuals designated under an agreement described in section 117(c)(1)(B) of the Workforce Investment Act of 1998 (29 U.S.C. 2832(c)(1)(B)).

(2)

Industry-recognized credential

The term industry-recognized credential means such a credential within the meaning of section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).

(3)

Local workforce investment area

The term local workforce investment area means such area designated under section 116 of the Workforce Investment Act of 1998 (29 U.S.C. 2831).

(4)

Local workforce investment board

The term local workforce investment board means such board established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832).

(5)

Low-income youth

(A)

In general

The term low-income youth means an individual who is not younger than age 16 and not older than age 24 and is an individual described in subparagraph (B) or (C).

(B)

Eligible youth

For purposes of this paragraph, an individual described in this subparagraph—

(i)

meets the definition of a low-income individual provided in section 101(25) of the Workforce Investment Act of 1998 (29 U.S.C. 2801(25)), except that—

(I)

States and local workforce investment areas, subject to approval in the applicable State plans and local plans, may increase the income level specified in subparagraph (B)(i) of such section to an amount not in excess of 200 percent of the poverty line for purposes of determining eligibility for participation in activities under section 5; and

(II)

eligible entities described in section 6(b), subject to approval in the applicable applications for funds, may make such an increase for purposes of determining eligibility for participation in activities under section 6; and

(ii)

is in one or more of the categories specified in section 101(13)(C) of the Workforce Investment Act of 1998 (29 U.S.C. 2801(13)(C)).

(C)

Youth eligible for school lunches

For purposes of this paragraph, an individual described in this subparagraph receives or is eligible to receive a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).

(6)

Outlying area

The term outlying area means the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Republic of Palau (except during any period for which the Secretary of Labor determines that a Compact of Free Association is in effect and provides for Federal assistance for education or training).

(7)

Poverty line

The term poverty line means a poverty line as defined in section 673 of the Community Services Block Grant Act (42 U.S.C. 9902), applicable to family of the size involved.

(8)

Unemployed, low-income adult

The term unemployed, low-income adult means an individual who—

(A)

is age 18 or older;

(B)

is without employment and is seeking assistance under this Act to obtain employment; and

(C)

meets the definition of a low-income individual specified in section 101(25) of the Workforce Investment Act of 1998 (29 U.S.C. 2801(25)), except that—

(i)

States and local entities described in section 4(d)(1)(A), subject to approval in the applicable State plans and local plans described in section 4, or a State agency or agencies described in section 4(d)(1)(B), subject to approval in the State plan described in section 4, may increase the income level specified in subparagraph (B)(i) of such section 101(25) to an amount not in excess of 200 percent of the poverty line for purposes of determining eligibility for participation in activities under section 4; and

(ii)

eligible entities described in section 6(b), subject to approval in the applicable applications for funds, may make such an increase for purposes of determining eligibility for participation in activities under section 6.

(9)

State

The term State means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.