I 

116TH CONGRESS 

1ST SESSION H. R. 4937 

To amend the Workforce Innovation and Opportunity Act to make permanent 

a grant program to promote and assist in the reentry of justice-involved 

individuals into the workforce. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 31, 2019 

Mr. SMUCKER introduced the following bill; which was referred to the 

Committee on Education and Labor 

A BILL 

To amend the Workforce Innovation and Opportunity Act 

to make permanent a grant program to promote and 

assist in the reentry of justice-involved individuals into 

the workforce. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Workforce Reentry 

5 Act’’. 


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1 SEC. 2. JUSTICE-INVOLVED INDIVIDUALS REENTRY PRO2 GRAM START-UP GRANTS. 

3 Subtitle D of title I of the Workforce Innovation and 

4 Opportunity Act (29 U.S.C. 3221 et seq.) is amended— 

5 (1) by redesignating section 172 as section 173; 

6 and 

7 (2) by inserting after section 171 the following 

8 new section: 

9 ‘‘SEC. 172. JUSTICE-INVOLVED INDIVIDUALS REENTRY PRO10 GRAM START-UP GRANTS. 

11 ‘‘(a) PURPOSE.—The purpose of this section is to— 

12 ‘‘(1) prompt innovation and improvement in the 

13 reentry of justice-involved individuals into the work14 force so that successful initiatives can be continued 

15 and replicated; and 

16 ‘‘(2) allow for the dissemination of information 

17 regarding best practices in preparing justice-involved 

18 individuals for sustained participation in the work19 force. 

20 ‘‘(b) DEFINITIONS.—In this section: 

21 ‘‘(1) APPRENTICESHIP OPPORTUNITIES.—The 

22 term ‘apprenticeship opportunities’ includes reg23 istered apprenticeship, industry-recognized appren24 ticeship, and preapprenticeship programs. 

25 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en26 tity’ means— 


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1 ‘‘(A) a private nonprofit organization 

2 under section 501(c)(3) of the Internal Revenue 

3 Code of 1986, including a faith-based organiza4 tion; 

5 ‘‘(B) a local workforce development board; 

6 ‘‘(C) a State or local government; or 

7 ‘‘(D) an Indian or Native American entity 

8 eligible for grants under section 166. 

9 ‘‘(3) ELIGIBLE PARTICIPANT.— 

10 ‘‘(A) IN GENERAL.—The term ‘eligible par11 ticipant’ means an individual— 

12 ‘‘(i) who has been convicted as a juve13 nile or an adult and imprisoned under 

14 Federal or State law; or 

15 ‘‘(ii) who has not been released from 

16 prison or jail for more than 2 years before 

17 the date on which the individual begins 

18 participation. 

19 ‘‘(B) EXCEPTION.—Up to 10 percent of all 

20 participants may be individuals who do not 

21 meet the requirements of clause (iv) of subpara22 graph (A). 

23 ‘‘(4) EVIDENCE-BASED.—The term ‘evidence24 based’ means a program or practice that— 


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1 ‘‘(A) is demonstrated effective when imple2 mented with fidelity; 

3 ‘‘(B) is based on a clearly articulated and 

4 empirically supported theory; 

5 ‘‘(C) has measurable outcomes relevant to 

6 workforce outcomes for reentering justice-in7 volved individuals; and 

8 ‘‘(D) has been scientifically tested and 

9 proven effective through randomized control 

10 studies or comparison group studies. 

11 ‘‘(5) PROMISING.—The term ‘promising’ refers 

12 to a program or practice that— 

13 ‘‘(A) is demonstrated to be effective based 

14 on positive outcomes relevant to workforce en15 gagement for reentering justice-involved individ16 uals from one or more objective, independent, 

17 and scientifically valid evaluation; and 

18 ‘‘(B) includes ongoing efforts to examine 

19 the effects of such program or practice. 

20 ‘‘(c) PROGRAM AUTHORIZED.— 

21 ‘‘(1) IN GENERAL.—In carrying out the activi22 ties under this section, the Secretary shall, on a 

23 competitive basis, award grants for a period of not 

24 more than 5 years to eligible entities to enable such 


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1 entities to provide job training, job placement serv2 ices, and mentoring. 

3 ‘‘(2) PRIORITY.—In awarding grants, the Sec4 retary shall give priority to eligible entities that— 

5 ‘‘(A) establish partnerships with business 

6 or educational institutions to provide a program 

7 of study leading to postsecondary credentials in 

8 in-demand occupations; or 

9 ‘‘(B) provide customized training that is 

10 designed to meet the specific requirements of 

11 an employer (including a group of employers) 

12 and is conducted with a commitment by the em13 ployer to employ an individual upon successful 

14 completion of the training. 

15 ‘‘(3) ADDITIONAL GRANTS.—The Secretary may 

16 award, for not longer than a period of 5 years, one 

17 or more additional grants to an eligible entity that 

18 received a grant under this section if the eligible en19 tity— 

20 ‘‘(A) demonstrates success in helping eligi21 ble participants reenter the workforce according 

22 to the performance indicators under subsection 

23 (g)(1); and 

24 ‘‘(B) provides an assurance that the entity 

25 will provide a non-Federal contribution, includVerDate Sep 11 2014 18:31 Nov 09, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4937.IH H4937

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1 ing cash and in-kind donations, in an amount 

2 not less than 100 percent of the total funds 

3 awarded under the additional grant. 

4 ‘‘(d) APPLICATION.—To be eligible to receive a grant 

5 under this section, an eligible entity shall submit an appli6 cation to the Secretary, which shall include the following: 

7 ‘‘(1) A detailed description of the program in8 cluding the core services they will provide, how the 

9 eligible entity will recruit and select eligible partici10 pants for the program, how many participants they 

11 plan on serving each year, and the length of partici12 pation in the program. 

13 ‘‘(2) A description of evidence-based or prom14 ising practices the eligible entity will use in the ad15 ministration of the program. 

16 ‘‘(3) A description of partnerships with local 

17 businesses to provide apprenticeship opportunities, 

18 work-based learning, and job placement and recruit19 ment (if applicable). 

20 ‘‘(4) An assurance that the eligible entity will 

21 coordinate activities with workforce development pro22 grams and other services provided under this title, 

23 including utilizing the one-stop delivery system of 

24 the local workforce development areas to provide ap25 propriate services and recruit eligible individuals to 


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1 ensure the maximum number of eligible individuals 

2 will have the opportunity to participate in the pro3 gram. 

4 ‘‘(5) An assurance that the eligible entity will 

5 provide a 50-percent match, as described in sub6 section (e). 

7 ‘‘(6) A plan to coordinate with other programs 

8 and entities, including those that may be provided 

9 by such other programs and entities, to provide sub10 stance abuse treatment services, mental health treat11 ment services, housing services, and transportation 

12 services. 

13 ‘‘(7) An assurance that the eligible entity will 

14 provide the data necessary for the indicators of per15 formance in subsection (g). 

16 ‘‘(8) A plan to continue the program with non17 Federal funds after the grant period. 

18 ‘‘(e) MATCHING REQUIREMENT.—In order to receive 

19 a grant from the Secretary under this section, each eligible 

20 entity shall provide a non-Federal contribution, including 

21 cash and in-kind donations, in an amount not less than 

22 25 percent of the total funds awarded. 

23 ‘‘(f) USE OF FUNDS.— 

24 ‘‘(1) IN GENERAL.—A grant awarded under 

25 this section may be used to— 


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1 ‘‘(A) provide workforce development and 

2 job placement services to eligible participants, 

3 including occupational skills education, on-the4 job training, apprenticeship opportunities, work 

5 experience, job referrals, basic skills remedi6 ation, educational services, work readiness ac7 tivities, and post-placement support, in coordi8 nation with the one-stop partners and one-stop 

9 operators that provide services at any center 

10 operated under a one-stop deliver system estab11 lished under section 121; 

12 ‘‘(B) mentor eligible participants, including 

13 the provision of support, guidance, and assist14 ance in the community and the workplace to 

15 address the challenges faced by justice-involved 

16 individuals; 

17 ‘‘(C) provide outreach to State or Federal 

18 correctional facilities to increase awareness, 

19 identify and recruit eligible participants, provide 

20 screening and assessment of eligible partici21 pants and align educational offerings with exist22 ing services available to individuals who are 

23 presently incarcerated; 


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1 ‘‘(D) coordinate with employers to develop 

2 customized training programs and agreements 

3 around the hiring of eligible participants; or 

4 ‘‘(E) carrying out the activities described 

5 in subparagraph (A), (B), (C), or (D) with re6 spect to eligible participants who will be re7 leased from prison or jail within 90 days. 

8 ‘‘(2) LIMITATIONS.— 

9 ‘‘(A) CERTAIN SERVICES EXCLUDED.— 

10 Funds provided under this section may not be 

11 used to provide substance abuse treatment serv12 ices, mental health treatment services, or hous13 ing services, except that such a grant may be 

14 used to coordinate with other programs and en15 tities to provide substance abuse treatment 

16 services, mental health treatment services, or 

17 housing services to eligible participants. 

18 ‘‘(B) ADMINISTRATIVE COST LIMIT.—A 

19 grantee may not use more than 10 percent of 

20 the funds received under a grant for adminis21 trative costs, including for the purpose of col22 lecting information for purposes of subsection 

23 (g)(1). 

24 ‘‘(C) LIMIT ON AMOUNT PAID AS STIPENDS

25 TO PARTICIPANTS.—A grantee may not use 


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1 more than 15 percent of the funds received 

2 under such grant to provide stipends to pro3 gram participants while completing an edu4 cational or skill development program. 

5 ‘‘(D) LIMIT ON FUNDS FOR EMERGENCY

6 SITUATIONS.—A grantee may not use more 

7 than 5 percent of the funds to assist eligible 

8 participants in an emergency situation. 

9 ‘‘(g) PERFORMANCE OUTCOMES AND ACCOUNT10 ABILITY.— 

11 ‘‘(1) INDICATORS OF PERFORMANCE.—Each eli12 gible entity receiving a grant under this section shall 

13 report each year to the Secretary on the following 

14 indicators of performance described in section 

15 116(b)(2)(A): 

16 ‘‘(A) The percentage of program partici17 pants who are in unsubsidized employment dur18 ing the second quarter after exit from the pro19 gram, as described in clause (i)(I) of such sec20 tion or, in case of program participants who are 

21 youth, the percentage of program participants 

22 who are in education or training activities, or in 

23 unsubsidized employment during the second 

24 quarter after exit from the program, as de25 scribed in clause (ii)(I) of such section. 


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1 ‘‘(B) The percentage of program partici2 pants who are in unsubsidized employment dur3 ing the fourth quarter after exit from the pro4 gram, as described in clause (i)(II) of such sec5 tion or, in case of program participants who are 

6 youth, the percentage of program participants 

7 who are in education or training activities, or in 

8 unsubsidized employment during the fourth 

9 quarter after exit from the program, as de10 scribed in clause (ii)(II) of such section. 

11 ‘‘(C) The median earnings of program par12 ticipants who are in unsubsidized employment 

13 during the second quarter after exit from the 

14 program, as described in clause (i)(III) of such 

15 section. 

16 ‘‘(D) The percentage of program partici17 pants who obtain a recognized postsecondary 

18 credential, or a secondary school diploma or its 

19 recognized equivalent, during participation in or 

20 within one year after exit from the program, as 

21 described in clause (i)(IV) of such section. 

22 ‘‘(E) The percentage of program partici23 pants who, during a program year, are in an 

24 education or training program that leads to a 

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1 ment and who are achieving measurable skill 

2 gains toward such a credential or employment, 

3 as described in clause (i)(V) of such section. 

4 ‘‘(F) The indicators of effectiveness in 

5 serving employers established pursuant to 

6 clause (iv) of such section, as described in 

7 clause (i)(VI) of such section. 

8 ‘‘(2) INDEPENDENT EVALUATION.—Not later 

9 than five years after the date of enactment of this 

10 section and from amounts made available under sec11 tion 173(d), the Secretary shall provide for and re12 port to Congress on an independent evaluation of 

13 the grant program established under this section 

14 that includes an assessment of the effectiveness of 

15 the grant program and the effectiveness of individual 

16 grantees included in the evaluation in reducing re17 cidivism and assisting individuals in— 

18 ‘‘(A) earning credentials; 

19 ‘‘(B) finding and maintaining employment; 

20 and 

21 ‘‘(C) increasing their earnings. 

22 ‘‘(3) REPORT.—The Secretary shall release an 

23 annual report on— 


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1 ‘‘(A) the number of individuals who par2 ticipated in programs assisted under this sec3 tion; 

4 ‘‘(B) the percentage of individuals partici5 pating in a program assisted under this section 

6 that successfully completed the program; and 

7 ‘‘(C) the performance of grantees as meas8 ured by the performance indicators set forth in 

9 paragraph (1). 

10 ‘‘(4) DISSEMINATING BEST PRACTICES.—Using 

11 the findings of the independent evaluation under 

12 paragraph (2) the Secretary shall disseminate infor13 mation to State and local government, local work14 force development boards, and relevant stakeholders 

15 regarding best practices in providing workforce de16 velopment opportunities for justice-involved individ17 uals and reducing recidivism. 

18 ‘‘(h) ADMINISTRATIVE ACTIVITIES.—The Secretary 

19 may use up to 2 percent of the funds annually appro20 priated to carry out the activities of this section including 

21 disseminating best practices and providing technical as22 sistance to grantees and partnering businesses regarding 

23 the availability of applicable tax credits including the 

24 Work Opportunity Tax Credit. 


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1 ‘‘(i) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be construed to authorize any new appropria3 tions to carry out the purpose of this section.’’. 

4 SEC. 3. AUTHORIZED FUNDS. 

5 Section 173(d) of the Workforce Innovation and Op6 portunity Act (as redesignated by section 2(1)) is amended 

7 by striking ‘‘section 169’’ and inserting ‘‘sections 169 and 

8 172’’. 

Æ 


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