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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4567 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 4567

To amend the Workforce Innovation and Opportunity Act regarding reentry 
           employment opportunities, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 18, 2024

Mr. Cornyn (for himself and Mr. Tillis) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
To amend the Workforce Innovation and Opportunity Act regarding reentry 
           employment opportunities, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Workforce Reentry Act''.

SEC. 2. REENTRY EMPLOYMENT OPPORTUNITIES.

    (a) In General.--Subtitle D of title I of the Workforce Innovation 
and Opportunity Act (29 U.S.C. 3221 et seq.) is amended--
            (1) by redesignating section 172 as section 173; and
            (2) by inserting after section 171 the following:

``SEC. 172. REENTRY EMPLOYMENT OPPORTUNITIES.

    ``(a) Purposes.--The purposes of this section are--
            ``(1) to improve the employment, earnings, and skill 
        attainment, and reduce recidivism, of adults and youth who have 
        been involved with the justice system;
            ``(2) to prompt innovation and improvement in the reentry 
        of justice-involved individuals into the workforce so that 
        successful initiatives can be established or continued and 
        replicated; and
            ``(3) to further develop the evidence on how to improve 
        employment, earnings, and skill attainment, and reduce 
        recidivism, of justice-involved individuals, through rigorous 
        evaluations of specific services provided, including how they 
        affect different populations and how they are best combined and 
        sequenced, and disseminate such evidence to entities supporting 
        the reentry of justice-involved individuals into the workforce.
    ``(b) Reentry Employment Competitive Grants, Contracts, and 
Cooperative Agreements Authorized.--
            ``(1) In general.--From the amounts appropriated under 
        section 173(e) and not reserved under subsection (h), the 
        Secretary--
                    ``(A) shall, on a competitive basis, make grants 
                to, or enter into contracts or cooperative agreements 
                with, eligible entities to implement reentry projects 
                that serve eligible adults or eligible youth;
                    ``(B) may use not more than 30 percent of such 
                amounts for awards under subparagraph (A) to eligible 
                entities to serve as national or regional 
                intermediaries to provide such funds to other eligible 
                entities to--
                            ``(i) implement reentry projects described 
                        in subparagraph (A); and
                            ``(ii) monitor and support such entities;
                    ``(C) shall use 30 percent of such amounts for 
                awards under subparagraph (A) to eligible entities 
                using pay-for-performance contracts--
                            ``(i) that specify a fixed amount that will 
                        be paid to the entity based on the achievement 
                        of specified levels of performance on the 
                        indicators of performance described in 
                        subsections (e)(1)(A)(i) and (e)(2)(A) within a 
                        defined timetable; and
                            ``(ii) which may provide for bonus payments 
                        to such entity to expand capacity to provide 
                        effective services; and
                    ``(D) shall ensure awards under this paragraph are 
                made to eligible entities from geographically diverse 
                areas, in addition to the priorities described in 
                paragraph (4).
            ``(2) Award periods.--The Secretary shall make awards under 
        paragraph (1) for an initial period of not more than 4 years.
            ``(3) Additional awards.--The Secretary may award, for a 
        period of not more than 4 years, one or more additional awards 
        to an eligible entity that received an award under paragraph 
        (1) if the eligible entity achieved the performance levels 
        agreed upon with the Secretary (as described in subsection 
        (e)(3)) for the award period immediately before the additional 
        award.
            ``(4) Priority.--In making awards under paragraph (1), the 
        Secretary shall give priority to eligible entities whose 
        applications submitted under subsection (c) demonstrate a 
        commitment to use the funds from the award to implement reentry 
        projects--
                    ``(A) that will serve high-poverty areas;
                    ``(B) that will enroll eligible youth or eligible 
                adults--
                            ``(i) before the release of the eligible 
                        youth or eligible adult from incarceration in a 
                        correctional institution; or
                            ``(ii) not later than 90 days after such 
                        release;
                    ``(C) that have an evidence-based strategy and 
                design;
                    ``(D) that establish partnerships with--
                            ``(i) businesses; or
                            ``(ii) institutions of higher education or 
                        providers under section 122 (as determined by 
                        the State where services are being provided) to 
                        provide project participants with programs of 
                        study leading to recognized postsecondary 
                        credentials (as identified in a State plan 
                        under subtitle A) in in-demand occupations; or
                    ``(E) that provide training services, including 
                customized training and on-the-job training, that are 
                designed to meet the specific requirements of an 
                employer (including a group of employers) and are 
                conducted with a commitment by the employer to employ 
                individuals upon successful completion of the 
                preparation.
    ``(c) Application.--
            ``(1) Form and procedure.--To be qualified to receive an 
        award under subsection (b)(1), an eligible entity shall submit 
        an application at such time, and in such manner, as determined 
        by the Secretary, and containing the information described in 
        paragraph (2) and, as applicable, paragraph (3).
            ``(2) Contents.--An application submitted by an eligible 
        entity under paragraph (1) shall contain the following:
                    ``(A) A description of the eligible entity, 
                including the experience of the eligible entity in 
                providing employment and training services for justice-
                involved individuals.
                    ``(B) A description of the needs that will be 
                addressed by the reentry project supported by an award 
                under subsection (b)(1), and the target participant 
                population and the geographic area to be served.
                    ``(C) A description of the proposed employment and 
                training activities and supportive services, if 
                applicable, to be provided under such reentry project, 
                and how such activities and services will prepare 
                participants of the reentry project for employment in 
                in-demand industry sectors and occupations within the 
                geographic area to be served by such reentry project.
                    ``(D) The anticipated schedule for carrying out the 
                activities proposed under the reentry project.
                    ``(E) A description of--
                            ``(i) the partnerships the eligible entity 
                        will establish with agencies and entities 
                        within the criminal justice system, local 
                        boards and one-stop operators, community-based 
                        organizations, and employers (including 
                        employers that are located in the area to be 
                        served by such reentry project) to provide 
                        participants of the reentry project with work-
                        based learning, job placement, and recruitment 
                        (if applicable); and
                            ``(ii) how the eligible entity will 
                        coordinate its activities with other services 
                        and benefits available to justice-involved 
                        individuals in the geographic area to be served 
                        by the reentry project.
                    ``(F) A description of the manner in which 
                individuals will be recruited and selected for 
                participation for the reentry project.
                    ``(G) A detailed budget and a description of the 
                system of fiscal controls, and auditing and 
                accountability procedures, that will be used to ensure 
                fiscal soundness for the reentry project.
                    ``(H) A description of the expected levels of 
                performance to be achieved with respect to the 
                performance measures described in subsection (e).
                    ``(I) A description of the evidence-based practices 
                the eligible entity will use in administration of the 
                reentry project.
                    ``(J) An assurance that the eligible entity will 
                collect, disaggregate by each subpopulation of 
                individuals with barriers to employment, and by race, 
                ethnicity, sex and age, and report to the Secretary the 
                data required with respect to the reentry project 
                carried out by the eligible entity for purposes of 
                determining levels of performance achieved and 
                conducting the evaluation under subsection (f).
                    ``(K) An assurance that the eligible entity will 
                provide matching funds, as described in subsection 
                (d)(4).
                    ``(L) A description of how the eligible entity 
                plans to continue the reentry project after the award 
                period.
            ``(3) Additional content for intermediary applicants.--An 
        application submitted under paragraph (1) by an eligible entity 
        seeking to serve as a national or regional intermediary as 
        described in subsection (b)(1)(B) shall also contain the 
        following:
                    ``(A) An identification and description of the 
                eligible entities that will be subgrantees of such 
                intermediary for purposes of implementing the reentry 
                projects, which shall include subgrantees in--
                            ``(i) not less than 3 noncontiguous 
                        metropolitan areas or rural areas; and
                            ``(ii) not less than 2 States.
                    ``(B) A description of the services and supports 
                the intermediary will provide to the subgrantees, 
                including administrative and fiscal support to ensure 
                the subgrantees comply with all award requirements.
                    ``(C) A description of how the intermediary will 
                facilitate the replication of evidence-based practices 
                or other best practices identified by the intermediary 
                across all subgrantees.
                    ``(D) If such intermediary is currently receiving, 
                or has previously received, funds under this section as 
                an intermediary to implement a reentry project, an 
                assurance that none of the subgrantees identified under 
                subparagraph (A) were previous subgrantees of the 
                intermediary for such reentry project that failed to 
                meet the levels of performance established for such 
                reentry project.
    ``(d) Uses of Funds.--
            ``(1) Required activities.--An eligible entity that 
        receives funds under subsection (b)(1) shall use such funds to 
        implement a reentry project for eligible adults or eligible 
        youth that provides each of the following:
                    ``(A) One or more of the individualized career 
                services listed in subclause (I) through (IX) of 
                section 134(c)(2)(A)(xii).
                    ``(B) One or more of the training services listed 
                in clauses (i) through (xi) in section 134(c)(3)(D), 
                including subsidized employment opportunities through 
                transitional jobs.
                    ``(C) For participants who are eligible youth, one 
                or more of the program elements listed in subparagraphs 
                (A) through (N) of section 129(c)(2).
            ``(2) Allowable activities.--An eligible entity that 
        receives funds under subsection (b)(1) may use such funds to 
        implement a reentry project for eligible adults or eligible 
        youth that provides the following:
                    ``(A) Follow-up services after placement in 
                unsubsidized employment as described in section 
                134(c)(2)(A)(xiii).
                    ``(B) Apprenticeship programs.
                    ``(C) Education in digital literacy skills.
                    ``(D) Mentoring.
                    ``(E) Assistance in obtaining employment, including 
                as a result of the eligible entity--
                            ``(i) establishing and developing 
                        relationships and networks with large and small 
                        employers; and
                            ``(ii) coordinating with employers to 
                        develop customized training programs and on-
                        the-job training.
                    ``(F) Assistance with driver's license 
                reinstatement and fees for driver's licenses and 
                obtaining other necessary documents for employment.
                    ``(G) Provision of or referral to evidence-based 
                mental health treatment by licensed practitioners.
                    ``(H) Provision of or referral to substance use 
                disorder treatment services, provided that funds 
                awarded under subsection (b)(1) are only used to 
                provide such services to participants who are unable to 
                obtain such services through other programs providing 
                such services.
                    ``(I) Provisions of or referral to supportive 
                services, provided that no more than 5 percent of funds 
                awarded to an eligible entity under subsection (b)(1) 
                may be used to provide such services to participants 
                who are able to obtain such services through other 
                programs providing such services.
            ``(3) Administrative cost limit.--An eligible entity may 
        not use more than 7 percent of the funds received under 
        subsection (b)(1) for administrative costs, including for costs 
        related to collecting information, analysis, and coordination 
        for purposes of subsection (e) or (f).
            ``(4) Matching funds.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), an eligible entity shall provide a 
                non-Federal contribution, which may be provided in cash 
                or in kind, for the costs of the project in an amount 
                that is not less than 25 percent of the total amount of 
                funds awarded to the entity for such period.
                    ``(B) Exception.--The Secretary may waive the 
                matching funds requirement under subparagraph (A), on a 
                case-by-case basis and for not more than 20 percent of 
                all awards made under subsection (b)(1), if the 
                eligible entity receiving the award demonstrates 
                significant financial hardship.
    ``(e) Levels of Performance.--
            ``(1) Establishment of levels.--
                    ``(A) In general.--The Secretary shall establish 
                expected levels of performance for reentry projects 
                funded under this section for--
                            ``(i) each of the primary indicators of 
                        performance for adults and youth described in 
                        section 116(b)(2); and
                            ``(ii) an indicator of performance 
                        established by the Secretary with respect to 
                        participant recidivism.
                    ``(B) Updates.--The levels established under 
                subparagraph (A) shall be updated for each 4-year award 
                period.
            ``(2) Agreement on performance levels.--In establishing and 
        updating performance levels under paragraph (1), the Secretary 
        shall reach agreement on such levels with the eligible entities 
        receiving awards under subsection (b)(1) that will be subject 
        to such levels based on, as the Secretary determines relevant 
        for each indicator of performance, the following factors:
                    ``(A) The expected performance levels of each such 
                eligible entity described in the application submitted 
                under subsection (c)(2)(H).
                    ``(B) The local economic conditions of the 
                geographic area to be served by each such eligible 
                entity, including differences in unemployment rates and 
                job losses or gains in particular industries.
                    ``(C) The characteristics of project participants 
                when entering the project involved, including--
                            ``(i) criminal records;
                            ``(ii) indicators of poor work history;
                            ``(iii) lack of work experience;
                            ``(iv) lack of educational or occupational 
                        skills attainment;
                            ``(v) low levels of literacy or English 
                        proficiency;
                            ``(vi) disability status;
                            ``(vii) homelessness; and
                            ``(viii) receipt of public assistance.
            ``(3) Failure to meet performance levels.--In the case of 
        an eligible entity that fails to meet the performance levels 
        under paragraph (1), the Secretary shall provide technical 
        assistance to the eligible entity, including the development of 
        a performance improvement plan.
    ``(f) Evaluation of Reentry Projects.--
            ``(1) In general.--Not later than 5 years after the first 
        award of funds under subsection (b)(1) is made, the Secretary 
        (acting through the Chief Evaluation Officer) shall meet each 
        of the following requirements:
                    ``(A) Design and conduct of evaluation.--Design and 
                conduct an evaluation to evaluate the effectiveness of 
                the reentry projects funded under subsection (b)(1), 
                which meets the requirements of paragraph (2), and 
                includes an evaluation of each of the following:
                            ``(i) The effectiveness of such projects in 
                        assisting individuals with finding employment 
                        and maintaining employment at the second 
                        quarter and fourth quarter after unsubsidized 
                        employment is obtained.
                            ``(ii) The effectiveness of such projects 
                        in assisting individuals with earning 
                        recognized postsecondary credentials.
                            ``(iii) The effectiveness of such projects 
                        in relation to their cost, including the extent 
                        to which the projects improve reentry outcomes, 
                        including outcomes in employment, compensation 
                        (which may include wages earned and benefits), 
                        career advancement, measurable skill gains, 
                        credentials earned, and recidivism of 
                        participants in comparison to comparably 
                        situated individuals who did not participate in 
                        such projects.
                            ``(iv) The effectiveness of specific 
                        services and interventions provided and of the 
                        overall project design.
                            ``(v) If applicable, the extent to which 
                        such projects effectively serve various 
                        demographic groups, including people of 
                        different geographic locations, ages, races, 
                        national origins, sex, and criminal records, 
                        and individuals with disabilities.
                            ``(vi) If applicable, the appropriate 
                        sequencing, combination, or concurrent 
                        structure of services for each subpopulation of 
                        individuals who are participants of such 
                        projects, such as the order, combination, or 
                        concurrent structure and services in which 
                        transitional jobs and occupational skills 
                        development are provided to ensure that such 
                        participants are prepared to fully benefit from 
                        employment and training services provided under 
                        the project.
                            ``(vii) Limitations or barriers to 
                        education and employment as a result of 
                        occupational or educational licensing 
                        restrictions.
                    ``(B) Data accessibility.--Make available, on the 
                publicly accessible website of the Department of Labor, 
                data collected during the course of evaluation under 
                this subsection, in an aggregated format that does not 
                disclose personally identifiable information.
            ``(2) Design requirements.--An evaluation under this 
        paragraph (1)(A)--
                    ``(A) shall--
                            ``(i) be designed by the Secretary (acting 
                        through the Chief Evaluation Officer) in 
                        conjunction with the eligible entities carrying 
                        out the reentry projects being evaluated;
                            ``(ii) include analysis of participant 
                        feedback and outcome and process measures; and
                            ``(iii) use designs that employ the most 
                        rigorous analytical and statistical methods 
                        that are reasonably feasible, such as the use 
                        of control groups; and
                    ``(B) may not--
                            ``(i) collect personally identifiable 
                        information, except to the extent such 
                        information is necessary to conduct the 
                        evaluation; or
                            ``(ii) reveal or share personally 
                        identifiable information.
            ``(3) Publication and reporting of evaluation findings.--
        The Secretary (acting through the Chief Evaluation Officer) 
        shall--
                    ``(A) in accordance with a timeline determined to 
                be appropriate by the Chief Evaluation Officer, publish 
                an interim report on such evaluation;
                    ``(B) not later than 90 days after the date on 
                which any evaluation is completed under this 
                subsection, publish and make publicly available such 
                evaluation; and
                    ``(C) not later than 60 days after the completion 
                date described in subparagraph (B), submit to the 
                Committee on Education and the Workforce of the House 
                of Representatives and the Committee on Health, 
                Education, Labor, and Pensions of the Senate a report 
                on such evaluation.
    ``(g) Annual Report.--
            ``(1) Contents.--Subject to paragraph (2), the Secretary 
        shall post, using transparent, linked, open, and interoperable 
        data formats, on its publicly accessible website, an annual 
        report on--
                    ``(A) the number of individuals who participated in 
                projects assisted under this section for the year 
                preceding the report;
                    ``(B) the percentage of such individuals who 
                successfully completed the requirements of such 
                projects;
                    ``(C) the performance during the year preceding the 
                report of eligible entities on such projects as 
                measured by the performance indicators set forth in 
                subsection (e); and
                    ``(D) an explanation of any waivers granted by the 
                Secretary of the matching requirement under subsection 
                (d)(4).
            ``(2) Disaggregation.--The information provided under 
        subparagraphs (A) through (C) of paragraph (1) with respect to 
        a year shall be disaggregated by each project assisted under 
        this section for such year.
    ``(h) Reservation of Funds.--Of the funds appropriated under 
section 173(e) for a fiscal year, the Secretary--
            ``(1) may reserve not more than 5 percent for the 
        administration of awards under subsection (b)(1), of which not 
        more than 2 percent of the funds appropriated may be reserved 
        for the provision of--
                    ``(A) technical assistance to eligible entities 
                that receive funds under such subsection; and
                    ``(B) outreach and technical assistance to eligible 
                entities desiring to receive such funds, including 
                assistance with application development and submission; 
                and
            ``(2) shall reserve not less than 1 percent and not more 
        than 2.5 percent for the evaluation activities under subsection 
        (f) or to support eligible entities with any required data 
        collection, analysis, and coordination related to such 
        evaluation activities.
    ``(i) Definitions.--In this section:
            ``(1) Award.--The term `award' means a grant, contract, or 
        cooperative agreement.
            ``(2) Chief evaluation officer.--The term `Chief Evaluation 
        Officer' means the head of the independent evaluation office in 
        the Office of the Assistant Secretary for Policy of the 
        Department of Labor.
            ``(3) Community supervision.--The term `community 
        supervision' means mandatory oversight (including probation and 
        parole) of a formerly incarcerated person--
                    ``(A) who was convicted of a crime by a judge or 
                parole board; and
                    ``(B) who is living outside a secure facility.
            ``(4) Correctional institution.--The term `correctional 
        institution' has the meaning given the term in section 225(e).
            ``(5) Eligible entity.--The term `eligible entity' means--
                    ``(A) a private nonprofit organization under 
                section 501(c)(3) of the Internal Revenue Code of 1986, 
                including a community-based or faith-based 
                organization;
                    ``(B) a local board;
                    ``(C) a State or local government;
                    ``(D) an entity eligible for grants under section 
                166(c);
                    ``(E) a labor organization or joint labor-
                management organization;
                    ``(F) an industry or sector partnership;
                    ``(G) an institution of higher education; or
                    ``(H) a consortium of the entities described in 
                subparagraphs (A) through (G).
            ``(6) Eligible adult.--The term `eligible adult' means a 
        justice-involved individual who--
                    ``(A) is age 25 or older; and
                    ``(B) in the case of an individual that was 
                previously incarcerated, was released from 
                incarceration not more than 3 years before enrollment 
                in a project funded under subsection (b)(1).
            ``(7) Eligible youth.--The term `eligible youth' means a 
        justice-involved individual who is not younger than age 14 or 
        older than age 24.
            ``(8) Evidence-based.--The term `evidence-based', when used 
        with respect to an activity, service, strategy, or 
        intervention, means an activity, service, strategy, or 
        intervention that--
                    ``(A) demonstrates a statistically significant 
                effect on improving participant outcomes or other 
                relevant outcomes based on--
                            ``(i) strong evidence from at least 1 well-
                        designed and well-implemented experimental 
                        study;
                            ``(ii) moderate evidence from at least 1 
                        well-designed and well-implemented quasi-
                        experimental study; or
                            ``(iii) promising evidence from at least 1 
                        well-designed and well-implemented 
                        correlational study with statistical controls 
                        for selection bias; or
                    ``(B)(i) demonstrates a rationale based on high-
                quality research findings or positive evaluation that 
                such activity, strategy, or intervention is likely to 
                improve student outcomes or other relevant outcomes; 
                and
                    ``(ii) includes ongoing efforts to examine the 
                effects of such activity, service, strategy, or 
                intervention.
            ``(9) High-poverty.--The term `high-poverty', when used 
        with respect to a geographic area, means an area with a poverty 
        rate of at least 20 percent as determined based on the most 
        recently available data from the American Community Survey 
        conducted by the Bureau of the Census.
            ``(10) Justice-involved individual.--The term `justice-
        involved individual' means an individual who has been convicted 
        as a juvenile or an adult and imprisoned under Federal or State 
        law.
            ``(11) Work-based learning.--The term `work-based learning' 
        has the meaning given the term in section 3 of the Carl D. 
        Perkins Career and Technical Education Act of 2006 (20 U.S.C. 
        2302).''.
    (b) Conforming Amendment.--The table of contents in section 1(b) of 
the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 note) is 
amended--
            (1) by redesignating the item relating to section 172 as 
        section 173;
            (2) by inserting after the item relating to section 171, 
        the following:

``Sec. 172. Reentry employment opportunities''.
                                 <all>
```