II 

117TH CONGRESS 

1ST SESSION S. 784 

To amend the Social Security Act to establish a new employment, training, 

and supportive services program for unemployed and underemployed individuals, including individuals with barriers to employment and those 

who are unemployed or underemployed as a result of COVID–19, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 17 (legislative day, MARCH 16), 2021 

Mr. WYDEN (for himself, Ms. BALDWIN, Mr. VAN HOLLEN, Mr. BENNET, and 

Mr. BOOKER) introduced the following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To amend the Social Security Act to establish a new employment, training, and supportive services program for unemployed and underemployed individuals, including individuals with barriers to employment and those who are 

unemployed or underemployed as a result of COVID– 

19, and for other purposes. 

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


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1 SECTION 1. SHORT TITLE; AMENDMENT TO SOCIAL SECU2 RITY ACT; TABLE OF CONTENTS. 

3 (a) SHORT TITLE.—This Act may be cited as the 

4 ‘‘Jobs for Economic Recovery Act of 2021’’. 

5 (b) AMENDMENTS TO SOCIAL SECURITY ACT.—Ex6 cept as otherwise specifically provided, whenever in this 

7 Act an amendment is expressed in terms of an amendment 

8 to or repeal of a section or other provision, the reference 

9 shall be considered to be made to that section or other 

10 provision of the Social Security Act. 

11 (c) TABLE OF CONTENTS.—The table of contents for 

12 this Act is as follows: 

Sec. 1. Short title; amendment to Social Security Act; table of contents. 

Sec. 2. Purpose. 

Sec. 3. Employment, training, and supportive services program. 

Sec. 4. Employee retention work opportunity credit. 

Sec. 5. Conforming amendments. 

Sec. 6. Effective date; regulations. 

13 SEC. 2. PURPOSE. 

14 The purposes of this Act are the following: 

15 (1) To provide immediate funding for sub16 sidized employment programs that will create job op17 portunities for individuals who are not employed or 

18 who are underemployed, including individuals who 

19 are not employed or who are underemployed as a re20 sult of COVID–19, when it is safe to provide such 

21 opportunities, taking into account the need to pre22 vent the spread or recurrence of COVID–19. 


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1 (2) To expand subsidized employment programs 

2 that reconnect unemployed and underemployed 

3 workers to the workforce. 

4 (3) To drive economic recovery by allowing for 

5 sufficient State and local flexibility to create or ex6 pand programs that place workers in jobs that fill 

7 community-specific workforce gaps and meet em8 ployer needs. 

9 (4) To prevent long-term joblessness and struc10 tural unemployment and provide work opportunities 

11 for individuals with barriers to employment. 

12 SEC. 3. EMPLOYMENT, TRAINING, AND SUPPORTIVE SERV13 ICES PROGRAM. 

14 (a) ESTABLISHMENT.—The Social Security Act (42 

15 U.S.C. 301 et seq.) is amended by inserting after title XII 

16 the following: 

17 ‘‘TITLE XIII—REEMPLOYMENT 

18 AND OTHER JOB-RELATED 

19 ASSISTANCE AND BENEFITS 

20 ‘‘SEC. 1301. PURPOSE; DEFINITIONS; ADMINISTRATION. 

21 ‘‘(a) PURPOSE.—The purpose of this title is to pro22 vide funds to States, Indian tribes, local governments, and 

23 nonprofit organizations to initiate and expand the provi24 sion of employment services, training and other services 


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1 and activities, and supportive services for eligible individ2 uals in order to— 

3 ‘‘(1) promote subsidized employment programs 

4 for public, private for-profit, private nonprofit, and 

5 employment social enterprise sector jobs that enable 

6 unemployed or underemployed individuals to earn in7 come and connect to the workforce; 

8 ‘‘(2) expand the availability of jobs during eco9 nomic downturns or in areas with high unemploy10 ment or poverty; 

11 ‘‘(3) provide economically and socially disadvan12 taged individuals and individuals with barriers to 

13 employment (such as the long-term unemployed, in14 dividuals with criminal records, former foster youth, 

15 and other economically and socially disadvantaged 

16 populations) with wages and the ability to gain job 

17 experience; 

18 ‘‘(4) provide employers with new pathways into 

19 the workforce development system enabling them to 

20 have a greater role in the training and hiring of new 

21 workers and labor market re-entrants and facili22 tating their transition from subsidized job place23 ments to unsubsidized employment; and 

24 ‘‘(5) allow for sufficient flexibility for States, 

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1 nizations to design programs targeted at community2 specific workforce gaps and employer needs. 

3 ‘‘(b) DEFINITIONS.—In this title: 

4 ‘‘(1) ADULT AND DISLOCATED WORKER EM5 PLOYMENT AND TRAINING ACTIVITIES.—The term 

6 ‘adult and dislocated worker employment and train7 ing activities’ means adult and dislocated worker 

8 employment and training activities funded under 

9 chapter 3 of subtitle B of title I of the Workforce 

10 Innovation and Opportunity Act. 

11 ‘‘(2) DISLOCATED WORKER.—The term ‘dis12 located worker’ has the meaning given that term in 

13 section 3 of the Workforce Innovation and Oppor14 tunity Act. 

15 ‘‘(3) ELIGIBLE INDIVIDUAL.—The term ‘eligible 

16 individual’ means an individual who, on the basis of 

17 an assessment by the State, has been determined to 

18 be unlikely to find unsubsidized employment due 

19 to— 

20 ‘‘(A) being an individual with a barrier to 

21 employment; 

22 ‘‘(B) being a dislocated worker; or 

23 ‘‘(C) a period of economic downturn or ad24 verse local or national economic conditions. 


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1 ‘‘(4) EMPLOYMENT SERVICES.—The term ‘em2 ployment services’ means a subsidized job placement 

3 (including a transitional job described in section 

4 134(d)(5) of the Workforce Innovation and Oppor5 tunity Act) in the public, private for-profit, private 

6 nonprofit, or employment social enterprise sector 

7 and includes payment or reimbursement of employer 

8 subsidies for expenses such as wages, the employer 

9 share of payroll taxes, employer costs for unemploy10 ment insurance, employer costs for workers’ com11 pensation premiums, and costs attributable to super12 vision and other administration directly related to 

13 the employment of an eligible individual in the sub14 sidized job placement. 

15 ‘‘(5) INDIAN TRIBE.—The term ‘Indian tribe’ 

16 has the meaning given that term in section 419(4). 

17 ‘‘(6) INDIVIDUAL WITH A BARRIER TO EMPLOY18 MENT.—The term ‘individual with a barrier to em19 ployment’ has the meaning given that term in sec20 tion 3 of the Workforce Innovation and Opportunity 

21 Act and includes an individual who is an offender 

22 (as defined in such section). 

23 ‘‘(7) INTEGRATED EDUCATION AND TRAIN24 ING.—The term ‘integrated education and training’ 


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1 has the meaning given that term in section 3 of the 

2 Workforce Innovation and Opportunity Act. 

3 ‘‘(8) PAYROLL TAXES.—The term ‘payroll 

4 taxes’ means taxes under section 3111, 3221, 3301, 

5 or 3321 of the Internal Revenue Code of 1986, and 

6 any similar State or local tax imposed on employers. 

7 ‘‘(9) PERIOD OF ECONOMIC DOWNTURN.—The 

8 term ‘period of economic downturn’ means, with re9 spect to a State, a period in which, for each month 

10 of such period— 

11 ‘‘(A) the average rate of total unemploy12 ment in the United States (seasonally adjusted) 

13 for the most recent 3 months for which data is 

14 available is at least 5.5 percent; or 

15 ‘‘(B) the average rate of total unemploy16 ment in such State (seasonally adjusted) for the 

17 most recent 3 months for which data for all 

18 States is available is at least 5.5 percent. 

19 ‘‘(10) SUPPORTIVE SERVICES.— 

20 ‘‘(A) IN GENERAL.—The term ‘supportive 

21 services’ has the meaning given that term in 

22 section 3 of the Workforce Innovation and Op23 portunity Act. 

24 ‘‘(B) ADDITIONAL SERVICES.—Such term 

25 includes any of the following: 


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1 ‘‘(i) Stipends for an eligible individual 

2 provided with unpaid training services. 

3 ‘‘(ii) Legal services. 

4 ‘‘(iii) Other supplemental services nec5 essary for an eligible individual to partici6 pate in the State program funded under 

7 this title. 

8 ‘‘(11) STATE EXPENDITURES.—The term ‘State 

9 expenditures’ means all State, local, or tribal funds 

10 that are expended by the State or a local or tribal 

11 agency including State, local, or tribal funds that 

12 are matched or reimbursed by the Federal Govern13 ment and State, local, or tribal funds that are not 

14 matched or reimbursed by the Federal Government. 

15 ‘‘(12) TRAINING AND OTHER SERVICES OR AC16 TIVITIES.—The term ‘training and other services or 

17 activities’ means any of the following services or ac18 tivities if provided in conjunction with, including in 

19 preparation for, a subsidized job placement and de20 termined by the State as necessary to significantly 

21 increase the likelihood that the job placement will be 

22 successful for the employer and employee and may 

23 improve the prospect of obtaining and retaining un24 subsidized jobs: 


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1 ‘‘(A) Services provided through adult and 

2 dislocated worker employment and training ac3 tivities. 

4 ‘‘(B) Integrated education and training. 

5 ‘‘(C) Education directly related to employ6 ment. 

7 ‘‘(D) Vocational and employment services 

8 integrated with trauma-informed substance use 

9 disorder treatment, in collaboration with a sub10 stance use disorder treatment provider. 

11 ‘‘(E) Casework and job coaching. 

12 ‘‘(F) Union-provided employment services, 

13 including labor-management training. 

14 ‘‘(c) ADMINISTRATION.— 

15 ‘‘(1) IN GENERAL.—Subject to section 1302(d), 

16 the program under this title shall be administered by 

17 the Secretary through the Assistant Secretary for 

18 the Administration for Children and Families within 

19 the Department of Health and Human Services and 

20 in consultation with the Secretary of Labor as ap21 propriate. 

22 ‘‘(2) FUNDING FOR ADMINISTRATION.—Out of 

23 any money in the Treasury not otherwise appro24 priated, for each fiscal year beginning with fiscal 

25 year 2022, there are appropriated to the Secretary 


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1 $15,000,000 to administer this title. Amounts ap2 propriated under the preceding sentence shall re3 main available until expended. 

4 ‘‘(d) APPROPRIATED ENTITLEMENT.— 

5 ‘‘(1) IN GENERAL.—This title establishes an en6 titlement to payments under this title for States, In7 dian tribes and tribal consortiums, and local govern8 ments with plans approved under this title. 

9 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

10 There are authorized to be appropriated to the Sec11 retary to make payments to States, Indian tribes 

12 and tribal consortiums, and local governments under 

13 sections 1304, 1307, and 1308 for each fiscal year 

14 beginning with fiscal year 2021, such sums as are 

15 necessary. 

16 ‘‘SEC. 1302. STATE PLAN REQUIREMENTS. 

17 ‘‘(a) IN GENERAL.—A State is not eligible for pay18 ment under section 1304 unless the State has submitted 

19 to the Secretary a plan that describes— 

20 ‘‘(1) the State’s strategy for creating or ex21 panding programs that offer subsidized employment 

22 for eligible individuals and moving such individuals 

23 into unsubsidized employment; 


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1 ‘‘(2) how such strategy fits with the State’s 

2 overall strategy for, and assessment of, the State’s 

3 workforce needs; 

4 ‘‘(3) the employment services, training and 

5 other services or activities, and supportive services to 

6 be provided under the State program funded under 

7 this title; 

8 ‘‘(4) which specific populations of eligible indi9 viduals the State will serve, with a focus on how the 

10 State plans to assess and serve the eligible individ11 uals with serious or multiple barriers to employment; 

12 ‘‘(5) the strategies the State will use for out13 reach and engagement with the populations specified 

14 under paragraph (4) to ensure that such populations 

15 are aware of subsidized employment opportunities in 

16 their community; 

17 ‘‘(6) the strategies the State will use to ensure 

18 that its programs do not systematically exclude the 

19 eligible individuals with the greatest barriers to em20 ployment; 

21 ‘‘(7) the strategies the State will use for out22 reach, engagement, and ongoing collaboration with 

23 employers to promote employers’ use of the program 

24 and ensure employers have the training necessary to 

25 support eligible individuals; 


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1 ‘‘(8) the strategies the State will use to create 

2 employment plans for eligible individuals partici3 pating in the State program funded under this title 

4 and, based on such plans, provide eligible individuals 

5 with employment services, training and other serv6 ices and activities, and supportive services; 

7 ‘‘(9) how the State will coordinate the State 

8 program funded under this title with other relevant 

9 systems and programs based on the populations 

10 identified which may include criminal justice, child 

11 support, juvenile justice, child welfare, homeless 

12 services, unemployment insurance, and other human 

13 services and workforce development programs of the 

14 State, including programs supported through the 

15 Workforce Innovation and Opportunity Act; 

16 ‘‘(10) how the State will ensure compliance with 

17 the requirements of section 1305; 

18 ‘‘(11) a strong logic model for the State’s pro19 posed strategy to provide employment services, train20 ing, or other services and activities and any existing 

21 research or evidence supporting the effectiveness of 

22 such strategy; 

23 ‘‘(12) how the State will address gaps in em24 ployment and earnings by race, ethnicity, age, and 


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1 gender and collect data to measure progress in ad2 dressing those gaps; 

3 ‘‘(13) how the State will incorporate feedback 

4 from eligible individuals participating in the State 

5 program to improve the program over time; 

6 ‘‘(14) how the State will make use of planning 

7 and implementation grants under section 1304(f); 

8 and 

9 ‘‘(15) such information about other aspects of 

10 the plan as the Secretary may request. 

11 ‘‘(b) OTHER REQUIREMENTS.— 

12 ‘‘(1) CERTIFICATION.—The State shall include 

13 with the plan a certification that supportive services 

14 for eligible individuals will supplement, and not sup15 plant, other assistance provided by the State. 

16 ‘‘(2) RESEARCH OR EVALUATION EFFORTS.— 

17 The State shall agree to participate in any research 

18 or evaluation efforts conducted by the Secretary 

19 under section 1306(e), which may include random20 ized control trials. 

21 ‘‘(c) DEADLINES FOR SUBMISSION.— 

22 ‘‘(1) INITIAL PLAN.—The initial State plan 

23 under this section shall be submitted by the State 

24 agency or agencies responsible for administering the 

25 State program under this title to the Secretary not 


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1 later than 90 days prior to the commencement of the 

2 State program funded under this title and shall be 

3 for the period beginning on the first day of the com4 mencement of the State program funded under the 

5 title and ending on the day that is the last day of 

6 the period covered by the unified State plan, the 

7 combined State plan submitted by the State under 

8 section 102 or 103 of the Workforce Innovation and 

9 Opportunity Act, or a tribal plan submitted under 

10 section 166 of such Act that is in effect as of the 

11 date of submission. 

12 ‘‘(2) SUBSEQUENT PLANS.— 

13 ‘‘(A) IN GENERAL.—Subject to subpara14 graph (B), each State plan submitted under 

15 this section after the initial State plan shall be 

16 submitted at the same time and apply for the 

17 same period, as a unified State plan, a com18 bined State plan submitted by the State under 

19 section 102 or 103 of the Workforce Innovation 

20 and Opportunity Act, or a tribal plan submitted 

21 under section 166 of such Act. 

22 ‘‘(B) AMENDMENTS TO PLANS.—The Sec23 retary shall establish procedures to allow States 

24 to amend a State plan submitted under this 


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1 section prior to the expiration of the period de2 scribed in subparagraph (A). 

3 ‘‘(3) APPROVAL.—Each State plan submitted 

4 under this section by the State agency or agencies 

5 responsible for administering the State program 

6 under this title, and any amendments to the plan, 

7 shall be subject to the approval of the Secretary, in 

8 consultation with the Secretary of Labor as appro9 priate. 

10 ‘‘(d) STATE AGENCY.—At the option of the State, the 

11 program funded under this title shall be administered by 

12 the lead State agency responsible for administering the 

13 State program funded under part A of title IV, the lead 

14 State agencies responsible for administering the adult and 

15 dislocated worker employment and training activities of 

16 the State, or jointly by such agencies. 

17 ‘‘SEC. 1303. USE OF FUNDS. 

18 ‘‘(a) AUTHORIZED USES.— 

19 ‘‘(1) IN GENERAL.—Subject to paragraph (2), a 

20 State shall use funds paid under section 1304 to 

21 provide eligible individuals with— 

22 ‘‘(A) employment services; 

23 ‘‘(B) training and other services and activi24 ties; and 


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1 ‘‘(C) supportive services while eligible indi2 viduals are provided with employment services 

3 and training and other services and activities. 

4 ‘‘(2) SPENDING REQUIREMENT.—Not less than 

5 70 percent of the total amount paid to a State for 

6 a fiscal year quarter shall be for expenditures attrib7 utable to employment services that are payment for 

8 or reimbursement of employer costs such as wages, 

9 the employer share of payroll taxes, employer costs 

10 for unemployment insurance, employer costs for 

11 workers’ compensation premiums, or costs for em12 ployer-provided on-the-job training for subsidized job 

13 placements of eligible individuals. 

14 ‘‘(3) TRAINING.—A State may use such funds 

15 for training employers, agency personnel, and other 

16 individuals related to the administration of the State 

17 program funded under this title on issues related to 

18 providing eligible individuals with employment serv19 ices, training and other services and activities, and 

20 supportive services. 

21 ‘‘(4) ADMINISTRATIVE COSTS.—Subject to sec22 tion 1304(e), a State may use such funds for the 

23 proper and efficient administration of the State pro24 gram funded under this title. 


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1 ‘‘(b) EVIDENCE-BASED PRACTICES AND ACTUAL JOB

2 PLACEMENTS REQUIRED.—State expenditures for em3 ployment services, training and other services and activi4 ties, and supportive services provided to eligible individ5 uals shall be eligible for a Federal matching payment 

6 under section 1304 only if the State can demonstrate— 

7 ‘‘(1) that the employment services, training and 

8 other services and activities, and supportive services 

9 provided for an eligible individual resulted in em10 ployment (subsidized or unsubsidized) for the eligible 

11 individual; or 

12 ‘‘(2) good cause for why the job placement or 

13 employment did not occur, which may include the 

14 failure of an employer or an eligible individual to 

15 carry out the employer’s or individual’s commit16 ments to the State program. 

17 ‘‘SEC. 1304. PAYMENTS TO STATES. 

18 ‘‘(a) PAYMENTS TO STATES.—Subject to section 

19 1303 and subsections (b) and (c) of this section, beginning 

20 with the first fiscal year quarter for which a State plan 

21 is approved under this title, and for each quarter there22 after, the Secretary shall pay each State, out of any money 

23 in the Treasury not otherwise appropriated, an amount 

24 equal to the Federal medical assistance percentage that 

25 applies for the fiscal year to the State under section 


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1 1905(b) (without regard to any adjustments to such per2 centage applicable under that section or any other provi3 sion of law) of the total amount expended by the State 

4 during the quarter to provide eligible individuals with em5 ployment services, training and other services and activi6 ties, and supportive services authorized under this title in 

7 accordance with an approved State plan and, subject to 

8 subsection (e), for the proper and efficient administration 

9 of the program funded under this title. 

10 ‘‘(b) INCREASED FEDERAL SUPPORT DURING ECO11 NOMIC DOWNTURNS.— 

12 ‘‘(1) INCREASED FMAP.— 

13 ‘‘(A) IN GENERAL.—Beginning with any 

14 fiscal year quarter for which the total unem15 ployment in a State (seasonally adjusted) for 

16 the period consisting of the most recent 3 

17 months for which data for all States are pub18 lished equals or exceeds the applicable percent19 age specified in paragraph (2), the Federal 

20 medical assistance percentage applicable to pay21 ments made under subsection (a) to the State 

22 for the quarter shall be increased by the appli23 cable number of percentage points specified in 

24 paragraph (2), except that in no case shall the 

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1 ble to payments under subsection (a) for a 

2 State for a quarter exceed 100 percent. 

3 ‘‘(B) DURATION.— 

4 ‘‘(i) IN GENERAL.—Subject to clause 

5 (ii), an increase in the Federal medical as6 sistance percentage made in accordance 

7 with this subsection shall remain in effect 

8 with respect to payments made to a State 

9 under subsection (a) for at least 4 consecu10 tive fiscal year quarters. 

11 ‘‘(ii) ADDITIONAL INCREASE IN UNEM12 PLOYMENT.—If during the period for 

13 which the Federal medical assistance per14 centage for a State is increased under this 

15 subsection, the total unemployment in the 

16 State (seasonally adjusted) for the period 

17 consisting of the most recent 3 months for 

18 which data for all States are published ex19 ceeds the applicable total unemployment 

20 rate that was the basis for such increase, 

21 the increase in the Federal medical assist22 ance percentage shall be the applicable 

23 number of percentage points specified in 

24 paragraph (2) that corresponds to the 

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1 ment in the State, beginning with the first 

2 fiscal year quarter for which such percent3 age of total unemployment occurs and con4 tinuing for 3 succeeding fiscal year quar5 ters. 

6 ‘‘(2) APPLICABLE PERCENTAGE; APPLICABLE

7 NUMBER OF PERCENTAGE POINTS.—For purposes of 

8 paragraph (1), if the total unemployment in a State 

9 (seasonally adjusted) for the period consisting of the 

10 most recent 3 months for which data for all States 

11 are published is— 

12 ‘‘(A) equal to or greater than 5.5 percent 

13 but less than 6 percent, the applicable number 

14 of percentage points is 20; 

15 ‘‘(B) equal to or greater than 6 percent 

16 but less than 6.5 percent, the applicable num17 ber of percentage points is 30; 

18 ‘‘(C) equal to or greater than 6.5 percent 

19 but less than 7 percent, the applicable number 

20 of percentage points is 40; and 

21 ‘‘(D) equal to or greater than 7 percent, 

22 the applicable number of percentage points is 

23 50. 

24 ‘‘(c) REQUIREMENTS FOR PAYMENTS.— 


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1 ‘‘(1) MAINTENANCE OF EFFORT.—As a condi2 tion of receiving payments under this section for a 

3 fiscal year, the total amount of State expenditures 

4 for work, education, and training activities and sup5 portive services under the State program funded 

6 under part A of title IV and for qualified State ex7 penditures (as defined in section 409(a)(7)(B)(i)) 

8 for such fiscal year shall not be less than the total 

9 amount of such State expenditures for fiscal year 

10 2019. 

11 ‘‘(2) NON-SUPPLANTATION REQUIREMENT.— 

12 Funds paid to a State under this section shall be 

13 used to supplement, not supplant, the total amount 

14 of State expenditures for employment services, train15 ing and other services and activities, and supportive 

16 services provided through the adult and dislocated 

17 worker employment and training activities of the 

18 State for the fiscal year. 

19 ‘‘(d) ADMINISTRATION OF PAYMENTS.— 

20 ‘‘(1) IN GENERAL.—Prior to the beginning of 

21 each fiscal quarter, the Secretary shall estimate the 

22 amount to which a State will be entitled under this 

23 section for such quarter, based on— 

24 ‘‘(A) a report filed by the State containing 

25 its estimate of the total sum to be expended in 


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1 such quarter to provide eligible individuals with 

2 employment services, training and other serv3 ices and activities, and supportive services 

4 through the program funded under this title; 

5 and 

6 ‘‘(B) such other investigation as the Sec7 retary may find necessary. 

8 ‘‘(2) PAYMENTS.—The Secretary shall then pay 

9 to the State, in such installments as the Secretary 

10 shall determine, the amount so estimated, reduced or 

11 increased to the extent of any overpayment or un12 derpayment which the Secretary determines was 

13 made under this section to such State for any prior 

14 quarter and with respect to which adjustment has 

15 not already been made under this subsection. 

16 ‘‘(e) LIMITATION.—Beginning with the fifth fiscal 

17 year quarter for which a State plan is approved under this 

18 title, and for each quarter thereafter, a State shall not 

19 receive a payment under this section for amounts ex20 pended by the State during the quarter for the proper and 

21 efficient administration of the program funded under this 

22 title that exceed the amount equal to 15 percent of the 

23 amount expended by the State during the quarter to pro24 vide eligible individuals with employment services, training 

25 and other services and activities, and supportive services. 


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1 ‘‘(f) PLANNING AND IMPLEMENTATION GRANTS; 

2 TECHNICAL ASSISTANCE.— 

3 ‘‘(1) IN GENERAL.—In addition to amounts 

4 available to make payments to States under sub5 section (a), the Secretary shall make grants to 

6 States, Indian tribes (or intertribal consortiums with 

7 a tribal family assistance plan approved under sec8 tion 412), and local governments for costs attrib9 utable to the planning and implementation of a 

10 State, tribal, or local program approved under sec11 tion 1302, 1307, or 1308 and funded under this title 

12 and shall provide technical assistance to States and 

13 Indian tribes with respect to the planning and imple14 mentation of such a program. 

15 ‘‘(2) REQUIREMENTS.— 

16 ‘‘(A) COMMUNITY ENGAGEMENT.—As a 

17 condition of receiving a grant under this sub18 section, a State, Indian tribe, or local govern19 ment shall engage local communities, including 

20 focus groups of target populations of eligible in21 dividuals and employers, in the planning and 

22 implementation of the State, tribal, or local pro23 gram approved under section 1302, 1307, or 

24 1308 and funded under this title. 


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1 ‘‘(B) 2-YEAR LIMIT.—No State, Indian 

2 tribe, or local government shall receive a grant 

3 under this subsection for more than 8 quarters. 

4 ‘‘(C) NO MATCHING PAYMENT RE5 QUIRED.—No matching payment shall apply to 

6 the grants made under this subsection. 

7 ‘‘SEC. 1305. OTHER PROGRAM REQUIREMENTS. 

8 ‘‘(a) ASSESSMENT AND EMPLOYMENT PLAN.— 

9 ‘‘(1) IN GENERAL.—The State shall establish 

10 procedures to— 

11 ‘‘(A) assess, within 30 days of determining 

12 that an individual is an eligible individual, the 

13 eligible individual’s job skills, education, past 

14 work experience, and potential barriers to em15 ployment; and 

16 ‘‘(B) create, based on such assessment, an 

17 individualized employment plan for each eligible 

18 individual participating in the program that— 

19 ‘‘(i) specifies— 

20 ‘‘(I) the initial plan for the eligi21 ble individual, including whether the 

22 eligible individual is to immediately 

23 begin working in a subsidized job or 

24 needs training and other services and 


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1 activities, or supportive services before 

2 that placement can occur; and 

3 ‘‘(II) the employment services 

4 that will be provided to the eligible in5 dividual, as well as the training and 

6 other services and activities, and sup7 portive services that will be provided 

8 to the eligible individual while the eli9 gible individual is working in a sub10 sidized job; and 

11 ‘‘(ii) provides that, near the end of the 

12 individual’s initial placement in a sub13 sidized job, an assessment will be made re14 garding whether the eligible individual will 

15 be converted to a permanent, unsubsidized 

16 employee, and if not, the job search assist17 ance and additional employment services, 

18 training and other services and activities, 

19 and supportive services that will be pro20 vided to the eligible individual with the 

21 goal of obtaining and retaining unsub22 sidized employment. 

23 ‘‘(2) NO DISCRIMINATION AGAINST INDIVID24 UALS WITH HIGHEST BARRIERS TO EMPLOYMENT.— 

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1 uals with the highest barriers to employment and en2 sure that the procedures established under para3 graph (1) do not result in an eligible individual 

4 being less likely to receive employment services solely 

5 on the basis of the individual’s barriers to employ6 ment. 

7 ‘‘(3) NONDISCRIMINATION.—The State shall en8 sure that the procedures established under para9 graph (1) do not have the effect of making any eligi10 ble individual less likely to receive employment serv11 ices on the basis of the individual’s race, sex, reli12 gious creed, national origin, or political affiliation. 

13 ‘‘(b) EMPLOYMENT STANDARDS AND CRITERIA FOR

14 SUBSIDIZED JOBS.— 

15 ‘‘(1) GENERAL REQUIREMENTS.—Any sub16 sidized job placement for an eligible individual par17 ticipating in the State program funded under this 

18 title shall satisfy the following requirements: 

19 ‘‘(A) Employment services that are pay20 ment for or reimbursement of employer costs 

21 may only be used by an employer in the public, 

22 private for-profit, private nonprofit, or employ23 ment social enterprise sector for costs that are 

24 attributable to the hiring of, compensation for, 

25 or on-the-job training of, the eligible individual. 


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1 ‘‘(B) An employer in the public, private 

2 for-profit, private nonprofit, or employment so3 cial enterprise sector shall not be paid a subsidy 

4 that exceeds 120 percent of wage costs. 

5 ‘‘(C) An eligible individual in a subsidized 

6 job placement shall be paid at a rate that is not 

7 less than whichever of the following is highest: 

8 ‘‘(i) the minimum hourly wage rate 

9 applicable to the individual under the laws 

10 of the State or locality in which the indi11 vidual is employed; 

12 ‘‘(ii) the wage rate applicable under 

13 section 6 of the Fair Labor Standards Act 

14 of 1938 (29 U.S.C. 206); 

15 ‘‘(iii) if determined appropriate by the 

16 State program funded under this title, the 

17 prevailing wage rate in the locality in 

18 which the individual is employed as deter19 mined by the Secretary of Labor, based on 

20 area surveys of wage rates conducted by 

21 the Department of Labor; and 

22 ‘‘(iv) where a collective-bargaining 

23 agreement covers employees at the site of 

24 the subsidized job placement, a rate set for 

25 the eligible individual in accordance with 


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1 the rates provided for in the agreement, in2 cluding prospective wage increases pro3 vided for in the agreement. 

4 ‘‘(D) An eligible individual in a subsidized 

5 job placement shall be covered by all relevant 

6 labor and employment laws. 

7 ‘‘(E) Subject to paragraph (6), a sub8 sidized job placement for an eligible individual 

9 shall not exceed 6 months unless the placement 

10 is extended for not more than 6 additional 

11 months for purposes of improving the work ex12 perience, training and other services and activi13 ties, and supportive services needs of an eligible 

14 individual with less prior work experience, more 

15 skill development and training needs, or greater 

16 employment barriers. 

17 ‘‘(F) Employers participating in the State 

18 program agree to make a good faith effort to 

19 hire an eligible individual placed in a subsidized 

20 job in their employment if the individual has 

21 demonstrated satisfactory performance and the 

22 employer has a relevant job opening available 

23 and to maintain a record of the share of sub24 sidized workers hired to unsubsidized positions 

25 on a permanent basis. 


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1 ‘‘(G) Employers shall ensure that the site 

2 of employment is a location where an eligible 

3 individual in a subsidized job placement who is 

4 an individual with a disability, as defined in 

5 section 7 of the Rehabilitation Act of 1973 (29 

6 U.S.C. 705), interacts with other persons who 

7 are not such individuals with disabilities (not 

8 including supervisory personnel or individuals 

9 who are providing services to such worker) to 

10 the same extent as individuals who are not such 

11 individuals with disabilities and who are in com12 parable positions interact with other persons. 

13 ‘‘(H) For a site of employment at which 

14 workers are covered by a collective bargaining 

15 agreement, no subsidized job placement shall be 

16 made at the site without the consent of all labor 

17 organizations representing workers at such site. 

18 ‘‘(I) In a case where the State is consid19 ering placing an eligible individual with an em20 ployer who has previously participated in the 

21 State program, the State shall consider feed22 back from workers previously placed with that 

23 employer when determining whether to continue 

24 placing eligible individuals in subsidized jobs 

25 with that employer. 


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1 ‘‘(J) A subsidized job placement in a gov2 ernment agency shall be subject to the same 

3 civil service protections otherwise applicable to 

4 similar jobs at such agency. 

5 ‘‘(K) An eligible individual who works on 

6 average at least 30 hours of service per week in 

7 a subsidized job placement with an employer 

8 shall be treated as a full-time employee of such 

9 employer for purposes of section 4980H of the 

10 Internal Revenue Code of 1986. 

11 ‘‘(2) EMPLOYER OF RECORD.— 

12 ‘‘(A) IN GENERAL.—With respect to eligi13 ble individuals in subsidized job placements, the 

14 employer of record may be— 

15 ‘‘(i) the employer for whom the indi16 vidual performs work; 

17 ‘‘(ii) the State or a political subdivi18 sion of the State; or 

19 ‘‘(iii) a third party that has entered 

20 into an agreement with the State to serve 

21 as the employer of record with respect to 

22 eligible individuals participating in the 

23 State program funded under this title. 

24 ‘‘(B) EVALUATIONS.—If the employer of 

25 record with respect to an eligible individual in 


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1 a subsidized job placement is not the employer 

2 for whom the individual performs work, any 

3 employer evaluation required under this title 

4 with respect to such job placement shall include 

5 an evaluation of both the employer of record 

6 and the employer for whom the individual per7 forms work. 

8 ‘‘(3) LIMITATION ON SUBSIDIZED JOB PLACE9 MENTS PER EMPLOYER.— 

10 ‘‘(A) IN GENERAL.—No more than 10 per11 cent of the employees of an employer may be el12 igible individuals whose employment with such 

13 employer is subsidized under this title, except 

14 that— 

15 ‘‘(i) an employer with fewer than 10 

16 employees may employ 1 such individual; 

17 ‘‘(ii) an employer with more than 500 

18 employees may not employ more than 50 

19 such individuals; and 

20 ‘‘(iii) there shall be no limitation on 

21 the number of subsidized job placements 

22 per employer if the employer’s mission, as 

23 reviewed and evaluated by the State on an 

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1 ices and activities, or supportive services to 

2 individuals with barriers to employment, 

3 subject to the State program’s annual re4 view of the outcomes and experiences of el5 igible individuals in subsidized job place6 ments with the employer. 

7 ‘‘(B) APPLICATION TO EMPLOYERS OF

8 RECORD.—For purposes of the limitations de9 scribed in subparagraph (A), if an eligible indi10 vidual in a subsidized job placement performs 

11 work for an employer that is not the individ12 ual’s employer of record— 

13 ‘‘(i) the individual shall not be consid14 ered to be employed by the employer of 

15 record; and 

16 ‘‘(ii) the individual shall be considered 

17 to be employed by the employer for whom 

18 the individual performs work. 

19 ‘‘(4) ADDITIONAL PLACEMENTS.—If, after com20 pleting a subsidized job placement, an eligible indi21 vidual is unemployed for at least 4 weeks (regardless 

22 of whether such weeks are consecutive), the eligible 

23 individual may apply for a new subsidized job place24 ment but the immediately subsequent placement 

25 may only be with a different employer (but may be 


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1 with the same employer of record, provided that the 

2 individual is performing work for a different em3 ployer than the employer for whom the individual 

4 performed work in the previous subsidized job place5 ment). 

6 ‘‘(5) STATE VARIATION PERMITTED.—Employer 

7 subsidies for a subsidized job placement may vary 

8 within a State and among States carrying out pro9 grams under this title provided that all eligible indi10 viduals employed in subsidized jobs shall be paid not 

11 less than the rate specified in subsection (b)(1)(C) 

12 and shall be covered by all relevant labor and em13 ployment laws. 

14 ‘‘(6) EXCEPTION.—With respect to a period of 

15 economic downturn, the Secretary may waive the 

16 limit on the duration of a subsidized job placement 

17 under paragraph (1)(E). 

18 ‘‘(c) NONDISPLACEMENT.—An employer shall not 

19 employ an eligible individual in a subsidized job placement 

20 if— 

21 ‘‘(1) employing such individual will result in the 

22 layoff or partial displacement (such as a reduction 

23 in hours, wages, or employment benefits) of an exist24 ing employee or position of the employer; 


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1 ‘‘(2) such individual will assume any of the du2 ties or responsibilities of an employee who is partici3 pating in a strike, collective bargaining, or union or4 ganizing; 

5 ‘‘(3) employing such individual infringes upon 

6 the promotional opportunities of an existing em7 ployee of the employer; or 

8 ‘‘(4) such individual will perform the same work 

9 or substantially the same work as that performed by 

10 any individual who has been laid off or partially dis11 placed and has not received an offer from the em12 ployer to be restored to the position the employee 

13 had immediately prior to being laid off or partially 

14 displaced. 

15 ‘‘(d) GRIEVANCE PROCEDURES.—The State shall es16 tablish and maintain a procedure for the filing and adju17 dication of grievances from eligible individuals, labor orga18 nizations, and other interested individuals concerning par19 ticipating employers, including grievances relating to pro20 posed placements of eligible workers with such employers. 

21 ‘‘SEC. 1306. REPORTS; TECHNICAL ASSISTANCE; RESEARCH; 

22 AUDIT REQUIREMENT. 

23 ‘‘(a) QUARTERLY REPORTS.— 

24 ‘‘(1) STATE REPORTS.—A State shall submit 

25 with each quarterly report required under section 


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1 411(a)(1) a report on the State program funded 

2 under this title that contains such data and informa3 tion as the Secretary shall require. 

4 ‘‘(2) REPORTS TO CONGRESS.—The Secretary 

5 shall submit with each annual report to Congress re6 quired under section 411(b) a report on the State 

7 programs funded under this title. 

8 ‘‘(b) ONGOING PERFORMANCE ASSESSMENT.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall study 

10 and submit annual reports to Congress that— 

11 ‘‘(A) measure the performances of the 

12 State programs funded under this title; 

13 ‘‘(B) include information about the cat14 egories of individuals and employers served by 

15 such programs and projects, including the ex16 tent to which the State is serving the individ17 uals with the greatest barriers to employment; 

18 and 

19 ‘‘(C) describe the activities eligible individ20 uals engaged in during the year and evaluate 

21 the quality of the services provided under such 

22 programs. 

23 ‘‘(2) TIMING OF SUBMISSIONS.—The Secretary 

24 shall submit the reports required by paragraph 

25 (1)— 


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1 ‘‘(A) in the case of the first such report, 

2 2 years after the date on which the first State 

3 program funded under this title is established; 

4 and 

5 ‘‘(B) in the case of subsequent reports, an6 nually thereafter. 

7 ‘‘(c) ALIGNMENT WITH WORKFORCE INNOVATION

8 AND OPPORTUNITY ACT PROGRAMS.—The Secretary shall 

9 coordinate with the Secretary of Labor on aligning per10 formance measures and regulations for the State pro11 grams funded under this title with the performance meas12 ures and regulations applicable to the core programs of 

13 States funded under the Workforce Innovation and Oppor14 tunity Act. 

15 ‘‘(d) INDIVIDUAL ELIGIBILITY ASSESSMENT GUID16 ANCE.—The Secretary, in consultation with the Secretary 

17 of Labor as appropriate, shall study and issue guidance 

18 to States on best practices for assessing whether an indi19 vidual satisfies the criteria for being an eligible individual 

20 under section 1301(b)(3) as being unlikely to find unsub21 sidized employment due to individual barriers, the individ22 ual’s status as a displaced worker, or economic conditions 

23 in the State in which the individual lives or works. 

24 ‘‘(e) RESEARCH AND EVALUATION.— 


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1 ‘‘(1) ONGOING EVALUATION OF STATE IMPLE2 MENTATION STRATEGIES.— 

3 ‘‘(A) IN GENERAL.—The Secretary shall 

4 develop an experimental or control group test5 ing protocol to continuously evaluate the impact 

6 and effectiveness of State strategies for imple7 menting employment services, training and 

8 other services and activities under this title, in9 cluding— 

10 ‘‘(i) the impact of such State strate11 gies on employment outcomes for eligible 

12 individuals; 

13 ‘‘(ii) the relationship among engage14 ment, impact, and program outcomes, as 

15 well as an examination of program per16 formance; 

17 ‘‘(iii) an identification of successful 

18 activities for achieving the purposes identi19 fied in section 1301; 

20 ‘‘(iv) the impact on income and earn21 ings gains, job quality improvement, and 

22 poverty reduction (relative to both the offi23 cial poverty line and the supplemental pov24 erty measure) for eligible individuals par25 ticipating in the State program funded 


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1 under this title and the families of such in2 dividuals; 

3 ‘‘(v) an evaluation of program access 

4 to determine the extent to which States are 

5 serving individuals with the greatest bar6 riers to employment and the portion of 

7 State caseloads that are made up of such 

8 individuals; and 

9 ‘‘(vi) any other analysis deemed ap10 propriate by the Secretary. 

11 ‘‘(B) OTHER REQUIREMENTS.— 

12 ‘‘(i) DIVERSE SELECTION OF PRO13 GRAMS.—In choosing State programs to 

14 participate in evaluations under this sub15 section, the Secretary shall select programs 

16 representing a diversity of policy ap17 proaches, geographic locations, labor mar18 ket conditions, and populations served. 

19 ‘‘(ii) DATA-DRIVEN EVALUATION.— 

20 Evaluations under this subsection shall be 

21 rigorous and use data to statistically meas22 ure program outcomes and impacts. 

23 ‘‘(2) REPORTS.—Not later than 2 years after 

24 the date of enactment of this section and every 2 

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1 gress and make publicly available a report on the 

2 initial implementation of activities conducted under 

3 this title, including any available results of the eval4 uations conducted under paragraph (1) with respect 

5 to such activities, together with such recommenda6 tions for legislation or administrative action as the 

7 Secretary determines appropriate. 

8 ‘‘(3) BEST PRACTICES.—The Secretary shall 

9 use the results of the evaluations conducted under 

10 paragraph (1) to recommend best practices for im11 plementing employment services, training and other 

12 services and activities under this title and share such 

13 information with participating States under this 

14 title. 

15 ‘‘(4) FUNDING.—Out of any money in the 

16 Treasury not otherwise appropriated, there are ap17 propriated to the Secretary for fiscal year 2022 

18 $100,000,000 to conduct evaluations under this sub19 section. Amounts appropriated under the preceding 

20 sentence shall remain available until expended. 

21 ‘‘(f) COORDINATION OF DATA COLLECTION.— 

22 ‘‘(1) IN GENERAL.—The Secretary, in consulta23 tion with the Secretary of Labor, shall determine the 

24 data States shall collect and report regarding the 

25 State program funded under this title and the extent 


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1 to which that data collection and reporting, and re2 quired evaluations, can be coordinated with the data 

3 collection, reporting, and evaluations required for 

4 the State program funded under part A of title IV 

5 and the performance accountability measures under 

6 section 116(b) of the Workforce Innovation and Op7 portunity Act for the adult and dislocated worker 

8 employment and training activities of the State. 

9 ‘‘(2) COORDINATION WITH OTHER EFFORTS.— 

10 The Secretary, in consultation with the Secretary of 

11 Labor and the Secretary of Education, shall assure 

12 that the data collected under this title aligns as 

13 much as possible with efforts to collect longitudinal 

14 data related to the performance of education, train15 ing, and workforce programs. 

16 ‘‘(g) DISAGGREGATED DATA.—Data collected and 

17 submitted under this section shall be disaggregated by 

18 race, ethnicity, age, gender, and classification in the 

19 Standard Occupational Classification System of the Bu20 reau of Labor Statistics. 

21 ‘‘(h) FUNDING.—The Secretary shall use funding 

22 made available under section 1301(c)(2) to conduct the 

23 performance assessments required under subsection (b) 

24 and the research and evaluation required under subsection 

25 (e). 


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1 ‘‘(i) INSPECTOR GENERAL AUDIT.—The Inspector 

2 General of the Department of Health and Human Services 

3 shall biennially audit a sample of the State programs 

4 funded under this title to ensure compliance with program 

5 requirements, including compliance with the nondisplace6 ment requirements of section 1305(c), and to identify and 

7 protect against any waste, fraud, or abuse in such pro8 grams. 

9 ‘‘SEC. 1307. DIRECT FUNDING AND ADMINISTRATION FOR 

10 PROGRAMS OPERATED BY INDIAN TRIBES. 

11 ‘‘(a) IN GENERAL.—An Indian tribe or intertribal 

12 consortium with a tribal family assistance plan approved 

13 under section 412 (or any Indian tribe that is a member 

14 of such a consortium) or under the Indian Employment, 

15 Training and Related Services Act (25 U.S.C. 3401 et 

16 seq.) that proposes to establish a program under this title 

17 shall submit an application to the Secretary to directly re18 ceive payments for expenditures made to carry out the 

19 program (in this section referred to as a ‘tribal program 

20 application’). 

21 ‘‘(b) TRIBAL PROGRAM APPLICATION REQUIRE22 MENTS.—Subject to subsection (c), a tribal program appli23 cation shall include a plan that meets the requirements 

24 of section 1302 in the same manner as such requirements 

25 apply to a State. 


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1 ‘‘(c) PROGRAM REQUIREMENTS.— 

2 ‘‘(1) IN GENERAL.—The program requirements 

3 specified in this title shall apply to an Indian tribe 

4 or intertribal consortium with a tribal program ap5 plication and plan approved under this section in the 

6 same manner as such requirements apply to a State 

7 except to the extent that the Secretary determines 

8 that a requirement cannot reasonably be met by a 

9 tribe in the same or similar manner as such require10 ment would apply to a State. 

11 ‘‘(2) NON-SUPPLANTATION REQUIREMENT.— 

12 Funds paid to an Indian tribe or intertribal consor13 tium with a tribal program application and plan ap14 proved under this section or the Indian Employment, 

15 Training and Related Services Act (25 U.S.C. 3401 

16 et seq.) shall be used to supplement, not supplant, 

17 the total amount of Indian tribe or intertribal con18 sortium expenditures for employment services, train19 ing and other services and activities, and supportive 

20 services provided through the adult and dislocated 

21 worker employment and training activities of the In22 dian tribe or intertribal consortium for the fiscal 

23 year. 

24 ‘‘(d) PAYMENTS.— 


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1 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

2 the Secretary shall pay an Indian tribe or intertribal 

3 consortium with a tribal program application and 

4 plan approved under this section in the same man5 ner as States are paid under section 1304. 

6 ‘‘(2) APPLICATION OF TRIBAL FMAP.—The 

7 Federal medical assistance percentage that would 

8 apply under subsection (d) of section 479B if an In9 dian tribe or tribal consortium operated a program 

10 under that section (in this subsection referred to as 

11 the ‘tribal FMAP’), shall apply to payments made to 

12 the Indian tribe or tribal consortium for expendi13 tures attributable to carrying out a program under 

14 this title, unless the tribal FMAP is less than the 

15 Federal medical assistance percentage that applies 

16 to the State in which the Indian tribe or tribal con17 sortium is located in which case the State’s Federal 

18 medical assistance percentage shall apply. In the 

19 case of an Indian tribe or tribal consortium that is 

20 located in more than 1 State, the State in which the 

21 Indian tribe or tribal consortium is located that has 

22 the highest Federal medical assistance percentage 

23 shall apply to the preceding sentence. 


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1 ‘‘SEC. 1308. DIRECT FUNDING AND ADMINISTRATION FOR 

2 PROGRAMS OPERATED BY LOCAL GOVERN3 MENTS. 

4 ‘‘(a) IN GENERAL.—The Secretary shall establish 

5 procedures under which a local government, or a consor6 tium of local governments within a State, may submit an 

7 application to the Secretary to establish a program under 

8 this title and directly receive payments for expenditures 

9 made to carry out the program (in this section referred 

10 to as a ‘local government program application’), if— 

11 ‘‘(1) the State in which the local government or 

12 consortium is located has not elected to establish a 

13 State program under this title; or 

14 ‘‘(2) the local government or consortium can 

15 demonstrate that a local program would meet a need 

16 or serve a population that is not met or sufficiently 

17 served by the State program under this title. 

18 ‘‘(b) LOCAL GOVERNMENT PROGRAM APPLICATION

19 REQUIREMENTS.—Subject to subsection (c), a local gov20 ernment program application shall include a plan that 

21 meets the requirements of section 1302 in the same man22 ner as such requirements apply to a State. 

23 ‘‘(c) PROGRAM REQUIREMENTS.— 

24 ‘‘(1) IN GENERAL.—The program requirements 

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1 gram application and plan approved under this sec2 tion in the same manner as such requirements apply 

3 to a State except to the extent that the Secretary 

4 determines that a requirement cannot reasonably be 

5 met by a local government in the same or similar 

6 manner as such requirement would apply to a State. 

7 ‘‘(2) NON-SUPPLANTATION REQUIREMENT.— 

8 Funds paid to a local government or consortium 

9 with a local government program application and 

10 plan approved under this section shall be used to 

11 supplement, not supplant, the total amount of local 

12 government or consortium expenditures for employ13 ment services, training and other services and activi14 ties, and supportive services provided through the 

15 adult and dislocated worker employment and train16 ing activities of the local government or consortium 

17 for the fiscal year. 

18 ‘‘(d) PAYMENTS.—The Secretary shall pay a local 

19 government or consortium with a local government pro20 gram application and plan approved under this section in 

21 the same manner as States are paid under section 1304. 

22 ‘‘SEC. 1309. GRANTS TO NONPROFIT ORGANIZATIONS. 

23 ‘‘(a) IN GENERAL.—The Secretary, in consultation 

24 with the Secretary of Labor, shall award multi-year grants 

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1 mit applications to carry out employment services pro2 grams, if the nonprofit organization demonstrates that— 

3 ‘‘(1) the nonprofit organization is unable to re4 ceive funding through the relevant State program 

5 under this title; and 

6 ‘‘(2) the employment services program of the 

7 nonprofit organization would meet a need or serve a 

8 population that is not met or sufficiently served by 

9 the relevant State program under this title. 

10 ‘‘(b) SCOPE OF GRANTS.—Grants under this sub11 section may be regional programs or serve specific popu12 lations. 

13 ‘‘(c) APPLICATION PROCESS.—A nonprofit organiza14 tion seeking a grant under this subsection shall submit 

15 an application to the Secretary at such a time, in such 

16 a manner, and containing such information as the Sec17 retary may reasonably require. Such information shall, to 

18 the extent practicable, include information similar to that 

19 required in a State plan under section 1302. 

20 ‘‘(d) SELECTION.—The Secretary shall select appli21 cants to receive a grant under this subsection based on— 

22 ‘‘(1) the applicant’s level of experience and 

23 commitment to providing subsidized jobs; 

24 ‘‘(2) the applicant’s demonstrated ability to re25 cruit individuals of the region or other specific popuVerDate Sep 11 2014 23:28 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S784.IS S784

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1 lation served by the grant and provide work opportu2 nities for such individuals; and 

3 ‘‘(3) such other criteria as the Secretary deter4 mines appropriate. 

5 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to the Secretary to carry 

7 out this section for each of fiscal years 2021 through 

8 2026, such sums as are necessary.’’. 

9 (b) PUBLIC INFORMATION ABOUT AVAILABILITY OF

10 EMPLOYMENT SERVICES.—Not later than January 1, 

11 2023, the Secretary of Health and Human Services shall 

12 make information publicly available to jobseekers (either 

13 on a website established for such purpose or on an existing 

14 Federal online resource that provides information to job15 seekers) about— 

16 (1) whether they are eligible for employment 

17 services under a State, local government, or tribal 

18 program under title XIII of the Social Security Act 

19 (as added by subsection (a)); and 

20 (2) the appropriate State, local government, or 

21 tribal agency to contact for further information 

22 about such services and programs. 


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1 SEC. 4. EMPLOYEE RETENTION WORK OPPORTUNITY CRED2 IT. 

3 (a) IN GENERAL.—Section 51 of the Internal Rev4 enue Code of 1986 is amended by adding at the end the 

5 following new subsection: 

6 ‘‘(l) EMPLOYEE RETENTION CREDIT.— 

7 ‘‘(1) IN GENERAL.—The amount of the work 

8 opportunity credit determined under subsection (a) 

9 for the taxable year shall be increased by an amount 

10 equal to 40 percent of the qualified second-year 

11 wages for such year with respect to previously sub12 sidized employees. 

13 ‘‘(2) QUALIFIED SECOND-YEAR WAGES.— 

14 ‘‘(A) IN GENERAL.—For purposes of this 

15 subsection, the term ‘qualified second-year 

16 wages’ means qualified wages (determined as if 

17 previously subsidized employees were members 

18 of a targeted group)— 

19 ‘‘(i) which are paid to a previously 

20 subsidized employee, and 

21 ‘‘(ii) which are attributable to service 

22 rendered during the 1-year period begin23 ning on the day after the last day of the 

24 1-year period with respect to such em25 ployee determined under subsection (b)(2). 


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1 ‘‘(B) LIMITATION.—The amount of the 

2 qualified second-year wages which may be taken 

3 into account with respect to any individual shall 

4 not exceed $6,000 per year. 

5 ‘‘(3) PREVIOUSLY SUBSIDIZED EMPLOYEE.— 

6 For purposes of this subsection, the term ‘previously 

7 subsidized employee’ means an individual who is 

8 hired by an employer through the subsidized employ9 ment program under title XIII of the Social Security 

10 Act and who has been employed by the same em11 ployer for a consecutive 24 months as of the last day 

12 of the preceding taxable year.’’. 

13 (b) GAO STUDY.—The Comptroller General of the 

14 United States shall conduct a study on the employee re15 tention credit under section 51(l) of the Internal Revenue 

16 Code of 1986 and, not later than 6 months after the last 

17 day of the second taxable year beginning after the date 

18 of the enactment of this Act, shall report to the Committee 

19 on Finance of the Senate and the Committee on Ways and 

20 Means of the House of Representatives— 

21 (1) whether such retention credit had a mean22 ingful impact on retention as compared with other 

23 currently existing and previous subsidized employ24 ment programs; and 


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1 (2) whether such retention credit was easily un2 derstood by employers and had an impact on hiring 

3 decisions in addition to any subsidy received under 

4 title XIII of the Social Security Act. 

5 (c) EFFECTIVE DATE.—The amendments made by 

6 this section shall apply to taxable years beginning after 

7 the date of the enactment of this Act. 

8 SEC. 5. CONFORMING AMENDMENTS. 

9 (a) TANF.— 

10 (1) STATE PLAN.—Section 402 (42 U.S.C. 602) 

11 is amended— 

12 (A) in subsection (a)(1)— 

13 (i) in subparagraph (A)(iii), by insert14 ing ‘‘or employment services, training and 

15 other services and activities, and sup16 portive services provided under the State 

17 program funded under title XIII’’ before 

18 the period; and 

19 (ii) in subparagraph (B)— 

20 (I) in clause (iv), by inserting ‘‘, 

21 unless the parent or caretaker is par22 ticipating in the State program fund23 ed under title XIII’’ before the period; 

24 and 


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1 (II) by adding at the end the fol2 lowing: 

3 ‘‘(vi) The document shall indicate 

4 whether the State elects to carry out 

5 a State program to provide employ6 ment services, training and other serv7 ices and activities, and supportive 

8 services under title XIII.’’; and 

9 (B) by adding at the end the following: 

10 ‘‘(d) STATE OPTION TO SUBMIT PLAN THAT ALIGNS

11 WITH THE STATE PLAN UNDER TITLE XIII.—A State 

12 may elect to submit the State plan required under this 

13 section at the same time and in the same manner, and 

14 to apply for the same period, as the State plan required 

15 under section 1302.’’. 

16 (2) PARTICIPATION IN THE STATE EMPLOY17 MENT, TRAINING, AND SUPPORTIVE SERVICES PRO18 GRAM UNDER TITLE XIII–A DEEMED TO BE MEETING

19 WORK PARTICIPATION REQUIREMENTS.—Section 

20 407(c)(2) (42 U.S.C. 607(c)(2)) is amended by add21 ing at the end the following: 

22 ‘‘(E) PARTICIPATION IN THE STATE EM23 PLOYMENT, TRAINING, AND SUPPORTIVE SERV24 ICES PROGRAM UNDER TITLE XIII–A DEEMED

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1 QUIREMENTS.—For purposes of determining 

2 monthly participation rates under paragraphs 

3 (1)(B)(i) and (2)(B) of subsection (b), the fol4 lowing individuals are deemed to be engaged in 

5 work for a month: 

6 ‘‘(i) RECIPIENTS.—Any recipient who 

7 is participating in the State employment, 

8 training, and supportive services program 

9 under title XIII (for any number of hours 

10 per week during the month) and is receiv11 ing assistance under the State program 

12 funded under this part or under any State 

13 program funded with qualified State ex14 penditures (as defined in section 

15 409(a)(7)(B)(i)). 

16 ‘‘(ii) INDIVIDUALS WHO WOULD OTH17 ERWISE BE RECIPIENTS.—Any individual 

18 who is participating in the State employ19 ment, training, and supportive services 

20 program under title XIII (for any number 

21 of hours per week during the month) and 

22 would be a recipient of assistance under 

23 the State program funded under this part 

24 or under any State program funded with 

25 qualified State expenditures (as defined in 


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1 section 409(a)(7)(B)(i)) but for the indi2 vidual’s participation in the State employ3 ment, training and supportive services pro4 gram under title XIII.’’. 

5 (3) TRIBAL PROGRAMS.—Section 412(b) (42 

6 U.S.C. 612(b)) is amended by adding at the end the 

7 following: 

8 ‘‘(4) OPTION TO SUBMIT PLAN THAT ALIGNS

9 WITH THE PLAN UNDER TITLE XIII.—An Indian 

10 tribe or tribal consortium may elect to submit a trib11 al family assistance plan required under this section 

12 at the same time and in the same manner, and to 

13 apply for the same period, as the plan required 

14 under section 1307.’’. 

15 (b) TITLE XI.—Section 1101(a)(1) of such Act (42 

16 U.S.C. 1301(a)(1)) is amended by striking ‘‘title XX’’ and 

17 inserting ‘‘titles XIII and XX’’. 

18 (c) INTERNAL REVENUE CODE.—Section 

19 51(c)(2)(B) of the Internal Revenue Code of 1986 is 

20 amended by striking ‘‘section 482(e)’’ and inserting ‘‘title 

21 XIII’’. 

22 (d) TABLE OF CONTENTS FOR TITLE XIII.—Title 

23 XIII, as added by section 3(a), is amended by inserting 

24 the following before section 1301: 

‘‘TITLE XIII—REEMPLOYMENT AND OTHER JOB-RELATED 

ASSISTANCE AND BENEFITS 


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‘‘Sec. 1301. Purpose; definitions; administration. 

‘‘Sec. 1302. State plan requirements. 

‘‘Sec. 1303. Use of funds. 

‘‘Sec. 1304. Payments to States. 

‘‘Sec. 1305. Other program requirements. 

‘‘Sec. 1306. Reports; technical assistance; research; audit requirement. 

‘‘Sec. 1307. Direct funding and administration for programs operated by Indian tribes. 

‘‘Sec. 1308. Direct funding and administration for programs operated by local 

governments. 

‘‘Sec. 1309. Grants to nonprofit organizations.’’. 

1 SEC. 6. EFFECTIVE DATE; REGULATIONS. 

2 (a) EFFECTIVE DATE.—Except as provided in sec3 tion 4(c), the amendments made by this Act shall take 

4 effect on January 1, 2023. 

5 (b) OPTION TO ACCELERATE FUNDING.— 

6 (1) IN GENERAL.—If the Secretary of Health 

7 and Human Services receives from a State, Indian 

8 tribe, or unit of local government, a written notice, 

9 in such form and manner and containing such infor10 mation as the Secretary shall require, that the State, 

11 Indian tribe, or unit of local government is oper12 ating, or wishes to operate, an employment assist13 ance program, then, during the period beginning on 

14 the first day of the first fiscal quarter that begins 

15 on or after the date that the Secretary receives such 

16 notice and ending on December 31, 2022, the Sec17 retary shall make payments to the State, Indian 

18 tribe, or unit of local government under paragraph 

19 (3). 

20 (2) DEFINITIONS.—In this subsection: 


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1 (A) EMPLOYMENT ASSISTANCE PRO2 GRAM.—The term ‘‘employment assistance pro3 gram’’ means a program operated by a State, 

4 Indian tribe, or local government that provides 

5 qualified program assistance, including a pro6 gram funded under part A of title IV of the So7 cial Security Act (42 U.S.C. 401 et seq.) or any 

8 other State, tribal, or local program financed 

9 with Federal funds. 

10 (B) QUALIFIED PROGRAM ASSISTANCE.— 

11 The term ‘‘qualified program assistance’’ means 

12 employment services, training and other serv13 ices and activities, or supportive services (as 

14 such terms are defined in section 1301(b) of 

15 the Social Security Act, as added by section 3), 

16 including any such services designed to reem17 ploy individuals who are unemployed or under18 employed for reasons related to COVID–19, but 

19 shall not include any employment services, 

20 training and other services and activities or 

21 supportive services that cannot be provided in a 

22 manner that is safe for both program adminis23 trators and participants due to a COVID–19 

24 outbreak. 

25 (3) PAYMENTS.— 


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1 (A) IN GENERAL.—Subject to subpara2 graph (B), the Secretary shall pay to any State, 

3 Indian tribe, or local government that has a no4 tice in effect under paragraph (1) for a fiscal 

5 quarter with respect to an employment assist6 ance program, an amount equal to the amount 

7 that such State, tribe, or local government 

8 would receive under title XIII of the Social Se9 curity Act (as added by section 3) if— 

10 (i) such title were in effect with re11 spect to such State, tribe, or local govern12 ment; 

13 (ii) the State, tribe, or local govern14 ment had a plan that met all requirements 

15 of such title and was approved under such 

16 title for such fiscal quarter, and the 

17 amounts expended by the State, tribe, or 

18 local government on qualified program as19 sistance under such program, were 

20 amounts expended by the State, tribe, or 

21 local government to provide such assist22 ance under such plan; 

23 (iii) the requirements of sections 

24 1303, 1304(c), 1305, and 1306 of such 

25 title did not apply; and 


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1 (iv) the Federal medical assistance 

2 percentage for the State, Indian tribe or 

3 tribal consortium, or local government 

4 were 100 percent. 

5 (B) LIMITATIONS.— 

6 (i) NO DUPLICATE FUNDING.—For 

7 purposes of subparagraph (A), in deter8 mining the amounts expended by a State, 

9 tribe, or local government under an em10 ployment assistance program to provide 

11 qualified program assistance, the total 

12 amount of State expenditures on such as13 sistance shall be reduced by the amount of 

14 Federal funds (other than funds paid 

15 under this subsection) that have been paid 

16 or that are expected to be paid to the 

17 State, tribe, or local government with re18 spect to such assistance. 

19 (ii) NO FUNDING FOR ADMINISTRA20 TIVE EXPENSES UNRELATED TO QUALI21 FIED PROGRAM ASSISTANCE.—No payment 

22 shall be made to a State, Indian tribe, or 

23 local government under this subsection for 

24 administrative expenses of an employment 

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1 utable to the administration of qualified 

2 program assistance. 

3 (c) REGULATIONS.—The Secretary of Health and 

4 Human Services, in consultation with the Secretary of 

5 Labor as appropriate, shall— 

6 (1) not later than 30 days after the date of en7 actment of this Act, issue guidance to States on how 

8 to seek accelerated funding under subsection (b); 

9 (2) not later than 9 months after the date of 

10 the enactment of this Act, issue proposed regulations 

11 for the purpose of implementing title XIII of the So12 cial Security Act (as added by section 2 of this Act), 

13 including regulations establishing uniform data col14 lection requirements; and 

15 (3) not later than 18 months after the date of 

16 enactment of this Act, publish final regulations for 

17 such purpose. 

Æ 


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