I 

117TH CONGRESS 

1ST SESSION H. R. 2790 

To establish jobs programs for long-term unemployed workers, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 22, 2021 

Mr. LEVIN of Michigan (for himself and Mr. KILMER) introduced the 

following bill; which was referred to the Committee on Education and Labor 

A BILL 

To establish jobs programs for long-term unemployed 

workers, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Long-Term Unemploy5 ment Elimination Act of 2021’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to provide job opportuni8 ties for every long-term unemployed worker in the United 

9 States. 


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) CAREER SERVICES.—The term ‘‘career serv4 ices’’ includes the services described in section 

5 134(c)(2)(A) of the Workforce Innovation and Op6 portunity Act (29 U.S.C. 3174(c)(2)(A)). 

7 (2) COVERED AREA.—The term ‘‘covered area’’ 

8 means the local area in which a local board is car9 rying out a jobs program, or (in the circumstances 

10 described in section 4(d)) the local area in which a 

11 community-based organization is carrying out a jobs 

12 program, under this Act. 

13 (3) ELIGIBLE WORKER.—The term ‘‘eligible 

14 worker’’ means an individual who— 

15 (A) is not less than 18 years old; 

16 (B) is authorized to be employed in the 

17 United States for purposes of section 274A of 

18 the Immigration and Nationality Act (8 U.S.C. 

19 1324a); 

20 (C) has not been employed or a full-time 

21 student for a period of not less than 27 weeks 

22 (except as modified under section 5(e)); and 

23 (D) is currently seeking employment and 

24 has been seeking employment for a period of 

25 not less than 4 weeks (except as modified under 

26 section 5(e)). 


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1 (4) INDIVIDUAL WITH A BARRIER TO EMPLOY2 MENT.—The term ‘‘individual with a barrier to em3 ployment’’ has the meaning given in section 3(24) of 

4 the Workforce Innovation and Opportunity Act (29 

5 U.S.C. 3102(24)), except that such term shall not 

6 include individuals who meet the terms of the defini7 tion in that section solely on the basis of their status 

8 as long-term unemployed individuals. 

9 (5) ON-THE-JOB TRAINING.—The term ‘‘on-the10 job training’’ has the meaning given the term in sec11 tion 3(44) of the Workforce Innovation and Oppor12 tunity Act (29 U.S.C. 3102(44)), except that sub13 paragraph (B) of that section shall not apply. 

14 (6) PARTICIPATING EMPLOYER.—The term 

15 ‘‘participating employer’’ means an employer— 

16 (A) that is— 

17 (i) a government agency; 

18 (ii) a nonprofit organization; 

19 (iii) operating as an employment so20 cial enterprise; or 

21 (iv) a business; and 

22 (B) includes— 

23 (i) an employer at the site of employ24 ment for an eligible worker in a program 

25 position; or 


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1 (ii) a community-based organization 

2 that acts as an employer of record by— 

3 (I) assuming the roles and re4 sponsibilities assigned to employers 

5 described in clause (i) under this Act; 

6 (II) entering into an agreement 

7 with an employer described in clause 

8 (i) to set forth the terms and condi9 tions for employment of an eligible 

10 worker in a program position in a jobs 

11 program in accordance with the provi12 sions of this Act; and 

13 (III) acting as an intermediary 

14 between eligible workers and employ15 ers described in clause (i) to facilitate 

16 participation in the jobs program in17 volved. 

18 (7) PAYROLL TAXES.—The term ‘‘payroll 

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

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

21 any similar State or local tax imposed on employers. 

22 (8) PRE-APPRENTICESHIP.—The term ‘‘pre-ap23 prenticeship’’, used with respect to a program, 

24 means a program that is designed to prepare indi25 viduals to enter and succeed in a registered apprenVerDate Sep 11 2014 01:25 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2790.IH H2790

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1 ticeship program and is carried out by an entity that 

2 has a documented partnership with at least one 

3 sponsor of a registered apprenticeship program. 

4 (9) PROGRAM POSITION.— 

5 (A) IN GENERAL.—The term ‘‘program po6 sition’’, used with respect to a jobs program— 

7 (i) means a position— 

8 (I) in a temporary job that is de9 signed to lead to long-term employ10 ment; and 

11 (II) that is provided along with, 

12 as necessary, career services, sup13 portive services, and training services 

14 to enable an individual to succeed in 

15 the job and obtain and retain long16 term employment; and 

17 (ii) includes— 

18 (I) a position in a transitional 

19 job; 

20 (II) a position in a registered ap21 prenticeship program; and 

22 (III) an approved national service 

23 position made available under section 

24 129 of the National and Community 

25 Service Act of 1990 (42 U.S.C. 


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1 12581), including a position spon2 sored under subsection (i) of that sec3 tion, subject to subparagraph (B). 

4 (B) RULE.— 

5 (i) EMPLOYERS WITH CERTAIN PRO6 GRAM POSITIONS.—A participating em7 ployer for an eligible worker (or an em8 ployer at the site of employment for an eli9 gible worker) in a program position de10 scribed in subparagraph (A)(ii)(III) shall 

11 be considered to be a service sponsor, as 

12 defined in section 101 of the National and 

13 Community Service Act of 1990 (42 

14 U.S.C. 12511). 

15 (ii) ELIGIBLE WORKERS IN CERTAIN

16 PROGRAM POSITIONS.—In parity with sec17 tion 101(30) of the National and Commu18 nity Service Act of 1990 (42 U.S.C. 

19 12511(30)), an eligible worker in such a 

20 program position shall not be considered to 

21 be an employee of the participating em22 ployer (or of an employer at the site of em23 ployment for the eligible worker). 

24 (10) RECOGNIZED POSTSECONDARY CREDEN25 TIAL.—The term ‘‘recognized postsecondary credenVerDate Sep 11 2014 01:25 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2790.IH H2790

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1 tial’’ means such a credential as defined in section 

2 3 of the Workforce Innovation and Opportunity Act 

3 (29 U.S.C. 3102), if the provider of the program 

4 leading to the credential is identified under section 

5 122(h) of such Act (29 U.S.C. 3152(h)). 

6 (11) REGISTERED APPRENTICESHIP PRO7 GRAM.—The term ‘‘registered apprenticeship pro8 gram’’ means a program registered under the Act of 

9 August 16, 1937 (commonly known as the ‘‘National 

10 Apprenticeship Act’’; 50 Stat. 664, chapter 663; 29 

11 U.S.C. 50 et seq.). 

12 (12) SECRETARY.—The term ‘‘Secretary’’ 

13 means the Secretary of Labor. 

14 (13) TRANSITIONAL JOB.—The term ‘‘transi15 tional job’’ means a job described in section 

16 134(d)(5) of the Workforce Innovation and Oppor17 tunity Act (29 U.S.C. 3174(d)(5)), without regard 

18 to the limitation described in that section on funding 

19 for such jobs. 

20 (14) WIOA TERMS.—The terms ‘‘adult edu21 cation and literacy activities’’, ‘‘career pathway’’, 

22 ‘‘community-based organization’’, ‘‘customized train23 ing’’, ‘‘industry or sector partnership’’, ‘‘in-demand 

24 industry sector or occupation’’, ‘‘integrated edu25 cation and training’’, ‘‘local area’’, ‘‘local board’’, 


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1 ‘‘one-stop operator’’, ‘‘poverty line’’, ‘‘State area’’, 

2 ‘‘State board’’, ‘‘supportive services’’, ‘‘training serv3 ices’’, and ‘‘veteran’’ have the meanings given the 

4 terms in section 3 of the Workforce Innovation and 

5 Opportunity Act (29 U.S.C. 3102). 

6 (15) WORKER-OWNED ENTERPRISE.— 

7 (A) IN GENERAL.—The term ‘‘worker8 owned enterprise’’ means— 

9 (i) an eligible worker-owned coopera10 tive, as defined in section 1042(c)(2) of the 

11 Internal Revenue Code of 1986; or 

12 (ii) an enterprise for which the major13 ity of the voting stock is owned by workers 

14 employed by such enterprise. 

15 (B) VOTING STOCK.—For purposes of sub16 paragraph (A)(ii), the share of the voting stock 

17 owned by workers shall include stock held by an 

18 employee stock ownership plan, as defined in 

19 section 4975(e)(7) of such Code. 

20 SEC. 4. JOBS PROGRAMS FOR LONG-TERM UNEMPLOYED 

21 WORKERS. 

22 (a) IN GENERAL.— 

23 (1) ESTABLISHMENT.—The Secretary shall es24 tablish and administer a jobs initiative for eligible 


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1 workers, consisting of jobs programs carried out 

2 through local boards. 

3 (2) PARTNERSHIPS.—A local board may enter 

4 into a partnership with one or more community5 based organizations to submit an application and 

6 carry out a jobs program. 

7 (3) AGREEMENTS.—In administering the initia8 tive, the Secretary shall enter into 4-year agree9 ments with local boards, under which the Secretary 

10 shall provide payments to local boards. Such an 

11 agreement shall specify which functions described in 

12 this Act will be carried out by the local board, by the 

13 community-based organization, and by the partner14 ship. 

15 (4) PAYMENTS.—The Secretary shall make 

16 such a payment in an amount that equals the eligi17 ble costs incurred by the local board— 

18 (A) to provide wages and compensation for 

19 program positions for eligible workers under 

20 this section, minus any employer share of the 

21 eligible costs of providing the wages and com22 pensation; 

23 (B) to provide career services, supportive 

24 services, and training services to eligible work25 ers under this section; and 


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1 (C) to administer the jobs program under 

2 this section. 

3 (b) LOCAL BOARD APPLICATION.—To be eligible to 

4 enter into an agreement under subsection (a), a local 

5 board shall submit an application to the Secretary at such 

6 time, in such manner, and containing a 4-year plan that 

7 includes such information as the Secretary may require, 

8 including— 

9 (1) the number of eligible workers that the local 

10 board proposes to serve under the jobs program in11 volved and the estimated cost of serving that number 

12 of workers; 

13 (2) a plan for one-stop operators to identify the 

14 issues preventing each eligible worker served by the 

15 jobs program from securing employment, and to re16 duce the impact of those issues with career services, 

17 supportive services, and training services; 

18 (3) a description of how the local board will en19 gage labor organizations, joint labor-management or20 ganizations, community-based organizations, commu21 nity colleges, economic development agencies, and 

22 career and technical education programs as partners 

23 to provide training services to eligible workers, in24 cluding any— 


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1 (A) adult education and literacy activities, 

2 including activities of English language acquisi3 tion, and integrated education and training pro4 grams; 

5 (B) pre-apprenticeship and registered ap6 prenticeship programs; and 

7 (C) career pathways; 

8 (4) a description of how the local board will 

9 support the creation and expansion of industry or 

10 sector partnerships and alignment of the jobs pro11 gram with career pathways to improve outcomes for 

12 eligible workers in program positions; 

13 (5) proposed levels for the performance ac14 countability measures described in subsection (c); 

15 (6) a description of the controls established by 

16 the local board to assure that the local board— 

17 (A) disburses funding to each participating 

18 employer for all eligible costs described in sub19 section (h) incurred under the jobs program, 

20 minus the employer share described in sub21 section (i); 

22 (B) oversees participating employers to en23 sure compliance with program rules and collec24 tion of accurate data for performance accountVerDate Sep 11 2014 01:25 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2790.IH H2790

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1 ability measures described in subsection (c); 

2 and 

3 (C) requests accurate advance payment or 

4 reimbursement for the eligible costs described 

5 in subsection (h), minus any employer share de6 scribed in subsection (i) of the eligible costs; 

7 (7) a description of how the local board will col8 laborate with the corresponding State board to im9 plement the jobs program and align such program 

10 with the plan submitted by the corresponding State 

11 board under subtitle A of title I of the Workforce In12 novation and Opportunity Act (29 U.S.C. 3111 et 

13 seq.); 

14 (8) a description of how the local board will 

15 align the activities carried out under the grant with 

16 the activities carried out under— 

17 (A) the plans submitted by the local board 

18 under subtitle A of title I of the Workforce In19 novation and Opportunity Act (29 U.S.C. 3111 

20 et seq.); 

21 (B) the employment and training program 

22 established by the corresponding State under 

23 the supplemental nutrition assistance program 

24 established under the Food and Nutrition Act 

25 of 2008 (7 U.S.C. 2011 et seq.); 


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1 (C) the corresponding State program for 

2 temporary assistance for needy families estab3 lished under part A of title IV of the Social Se4 curity Act (42 U.S.C. 601 et seq.); 

5 (D) the national service plan submitted by 

6 the corresponding State Commission on Na7 tional and Community Service under section 

8 178 of the National and Community Service 

9 Act of 1990 (42 U.S.C. 12638); 

10 (E) programs established under the Second 

11 Chance Act of 2007 (34 U.S.C. 60501 et seq.); 

12 (F) employment and community develop13 ment programs carried out by the Secretary of 

14 Housing and Urban Development; 

15 (G) career and technical education pro16 grams authorized by the Carl D. Perkins Ca17 reer and Technical Education Act of 2006 (20 

18 U.S.C. 2301 et seq.); 

19 (H) the continuum of care projects (relat20 ing to ending homelessness) carried out under 

21 applications submitted, by communities serving 

22 an area that is substantially similar to the cov23 ered area, under subtitle C of title IV of the 

24 McKinney-Vento Homeless Assistance Act (42 

25 U.S.C. 11381 et seq.); 


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1 (I) programs to support competitive inte2 grated employment for individuals with disabil3 ities, including programs of vocational rehabili4 tation services under title I of the Rehabilita5 tion Act of 1973 (29 U.S.C. 720 et seq.) and 

6 the Ticket to Work and Self-Sufficiency Pro7 gram carried out under section 1148 of the So8 cial Security Act (42 U.S.C. 1320b–19); 

9 (J) the program of employment services 

10 provided under the Wagner-Peyser Act (29 

11 U.S.C. 49 et seq.); and 

12 (K) employment and training programs for 

13 veterans; and 

14 (9) assurances that— 

15 (A) prior to the placement of an eligible 

16 worker in a program position, the local board 

17 will consult with the appropriate local labor or18 ganization, if any, representing employees in 

19 the covered area who are engaged in the same 

20 or similar work as that proposed to be carried 

21 out by the eligible worker, to prevent the dis22 placement and protect the rights of such em23 ployees; and 


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1 (B) the local board will comply with the 

2 nondisplacement provisions of subsection (f) 

3 and the grievance procedures of subsection (g). 

4 (c) PERFORMANCE ACCOUNTABILITY.— 

5 (1) IN GENERAL.—For each local board, the 

6 performance accountability measures shall consist of 

7 the indicators described in paragraph (2) and the 

8 levels described in paragraph (3). 

9 (2) INDICATORS.—The indicators for the per10 formance accountability measures shall consist of— 

11 (A) the primary indicators of performance 

12 described in section 116(b)(2)(A)(i) of the 

13 Workforce Innovation and Opportunity Act (29 

14 U.S.C. 3141(b)(2)(A)(i)); 

15 (B) the number of eligible workers placed 

16 in jobs created by the jobs program of the local 

17 board; 

18 (C) for households with an eligible worker 

19 who participated in the program, the average 

20 increase in income by the end of such participa21 tion; and 

22 (D) the percentage of program positions 

23 filled by eligible workers who were individuals 

24 with a barrier to employment. 


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1 (3) ACCEPTABLE OVERALL LEVELS OF PER2 FORMANCE.—The local board shall reach agreement 

3 with the Secretary, acting in consultation with the 

4 Secretary of Education, on acceptable overall levels 

5 of performance for each indicator described in para6 graph (2) for each year covered by the application 

7 submitted under subsection (b). In reaching such 

8 agreements, the local board and the Secretaries shall 

9 take into account— 

10 (A) the purpose of this Act, as described in 

11 section 2, by seeking to provide job opportuni12 ties for as many eligible workers as possible; 

13 and 

14 (B) the factors described in section 

15 116(b)(3)(A)(v) of the Workforce Innovation 

16 and Opportunity Act (29 U.S.C. 

17 3141(b)(3)(A)(v)), except that references in 

18 that section to a State shall be considered to be 

19 references to a local area. 

20 (4) REPORTING REQUIREMENT.— 

21 (A) IN GENERAL.—The local board shall 

22 provide information specifying the board’s level 

23 of performance on the performance account24 ability measures specified in this subsection, in25 cluding disaggregated data specified under subVerDate Sep 11 2014 01:25 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H2790.IH H2790

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1 paragraph (B), as part of the local board per2 formance reports established under section 

3 116(d) of the Workforce Innovation and Oppor4 tunity Act (29 U.S.C. 3141(d)). 

5 (B) DISAGGREGATED DATA.—Each such 

6 performance report shall include data specifying 

7 the board’s level of performance with respect to 

8 individuals with barriers to employment, 

9 disaggregated by each subpopulation of such in10 dividuals, and by race, ethnicity, sex, and age. 

11 (d) SANCTIONS FOR FAILURE TO MEET PERFORM12 ANCE ACCOUNTABILITY MEASURES OR SUBMIT AN APPLI13 CATION.— 

14 (1) PERFORMANCE IMPROVEMENT PLAN AND

15 TECHNICAL ASSISTANCE.—If a local board fails to 

16 meet performance accountability measures specified 

17 in subsection (c)— 

18 (A) the local board shall develop a per19 formance improvement plan; and 

20 (B) the Secretary and State board may 

21 provide technical assistance, including assist22 ance in the development of the performance im23 provement plan. 

24 (2) REPEATED FAILURE TO MEET PERFORM25 ANCE ACCOUNTABILITY MEASURES.—If a local board 


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1 fails to meet the performance accountability meas2 ures for at least 3 consecutive years, the Secretary 

3 may enter into an agreement with a community4 based organization to carry out a jobs program serv5 ing the corresponding local area in place of the local 

6 board. 

7 (3) FAILURE TO SUBMIT APPLICATION.— 

8 (A) IN GENERAL.—If a local board fails to 

9 submit an application under subsection (b) by 

10 the such date as the Secretary may require— 

11 (i) the Secretary shall notify the local 

12 board of the local board’s failure to submit 

13 such application; and 

14 (ii) the Secretary and State board 

15 may provide technical assistance to enable 

16 the local board to submit such application. 

17 (B) FAILURE TO SUBMIT APPLICATION

18 FOR 1 YEAR OR LONGER.—If a local board fails 

19 to submit an application under subsection (b) 

20 for 1 year or longer after the date described in 

21 subparagraph (A), the Secretary may enter into 

22 an agreement with a community-based organi23 zation to carry out a jobs program serving the 

24 corresponding local area in place of the local 

25 board. 


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1 (4) PROGRAMS CARRIED OUT BY COMMUNITY2 BASED ORGANIZATIONS.— 

3 (A) APPLICATION.—A community-based 

4 organization that seeks to carry out a jobs pro5 gram in place of a local board as described in 

6 paragraph (2) or (3) shall submit an applica7 tion to the Secretary. 

8 (B) SELECTION.—The Secretary shall se9 lect, on a competitive basis, community-based 

10 organizations to carry out jobs programs as de11 scribed in paragraphs (2) and (3) for a local 

12 area. The Secretary shall select such organiza13 tions based on their ability to implement a jobs 

14 program that achieves the highest levels on the 

15 performance accountability measures, taking 

16 into account the factors described in section 

17 116(b)(3)(A)(v) of the Workforce Innovation 

18 and Opportunity Act (29 U.S.C. 

19 3141(b)(3)(A)(v)), except that references in 

20 that section to a State shall be considered to be 

21 references to a local area, and meets the other 

22 requirements specified in this Act. 

23 (C) RENEWAL.—After the initial selection 

24 under subparagraph (B), the Secretary shall, 

25 every 4 years, hold a new competition to select 


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1 community-based organizations to carry out 

2 jobs programs for local areas. The local board 

3 for such an area may also submit an application 

4 in such competition. 

5 (D) IMPLEMENTATION.—This Act shall 

6 apply to a community-based organization se7 lected under this paragraph as if the organiza8 tion was the local board for the corresponding 

9 local area. 

10 (e) PARTICIPATING EMPLOYER.— 

11 (1) IN GENERAL.—Participating employers 

12 shall be selected by a local board. An entity who 

13 seeks to be a participating employer shall enter into 

14 an agreement with the local board to act as a par15 ticipating employer under this subsection. 

16 (2) SELECTION CRITERIA.— 

17 (A) IN GENERAL.—To select participating 

18 employers (including the renewal of such a se19 lection), the local board shall take into account 

20 the considerations, and comply with the require21 ments, specified in subparagraphs (B) through 

22 (H). 

23 (B) WORKER FEEDBACK.—The local board 

24 shall provide an opportunity for eligible workers 

25 to provide feedback on participating employers, 


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1 and shall take this feedback into account when 

2 determining whether to renew the selection of 

3 an employer. 

4 (C) LABOR ORGANIZATIONS.— 

5 (i) IN GENERAL.—The local board 

6 shall consider input from labor organiza7 tions and joint labor-management organi8 zations to select participating employers. 

9 (ii) COLLECTIVE BARGAINING AGREE10 MENTS.—For a site of employment at 

11 which workers are covered by a collective 

12 bargaining agreement, the local board shall 

13 not place a program participant in a pro14 gram position at the site without the con15 sent of all labor organizations and joint 

16 labor-management organizations rep17 resenting workers at such site. 

18 (D) LONG-TERM EMPLOYMENT PROS19 PECTS.—The local board shall consider whether 

20 the employer under consideration is proposing 

21 or providing an experience that will help eligible 

22 workers secure long-term employment after the 

23 program position ends, either with the partici24 pating employer or another employer. 

25 (E) COMMUNITY IMPACT AND INPUT.— 


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1 (i) COMMUNITY IMPACT PREF2 ERENCE.—The local board shall consider 

3 whether the employer is offering program 

4 positions in which the work to be per5 formed is designed to have a positive im6 pact on the communities in the covered 

7 area served through the jobs program, and 

8 shall develop criteria for that positive im9 pact based on input from members of such 

10 communities. 

11 (ii) COMMUNITY INPUT.—The local 

12 board shall also provide an opportunity for 

13 such communities to provide input on how 

14 a participating employer should be selected 

15 and whether specific employers should be 

16 selected, and shall take this input into ac17 count when selecting a participating em18 ployer. 

19 (F) IN-DEMAND INDUSTRY SECTOR OR OC20 CUPATION.—The local board shall consider 

21 whether the employer is offering program posi22 tions that lead to employment in an in-demand 

23 industry sector or occupation. 

24 (G) TYPE OF BUSINESS.—The local board 

25 shall consider whether the employer is— 


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1 (i) a worker-owned enterprise; or 

2 (ii) a small business concern owned 

3 and controlled by women, a small business 

4 concern owned and controlled by socially 

5 and economically disadvantaged individ6 uals, a small business concern owned and 

7 controlled by veterans, or a qualified 

8 HUBZone small business concern, as those 

9 4 terms are defined in section 8(d)(3) of 

10 the Small Business Act (15 U.S.C. 

11 637(d)(3)). 

12 (H) OTHER FACTORS.—The local board 

13 may consider other factors, besides the factors 

14 explicitly stated in this paragraph, that are rel15 evant to achieving the performance account16 ability measures and other requirements speci17 fied in this Act. 

18 (3) PARTICIPATING EMPLOYER DUTIES.—The 

19 participating employer shall— 

20 (A) provide wages for each eligible worker 

21 in a program position at a rate that— 

22 (i) is not less than the greatest of the 

23 3 rates described in subsection (h)(1)(B); 

24 (ii) is not less than the customary 

25 rate paid by the employer for the same or 


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1 similar work performed by other employees 

2 who— 

3 (I) are not eligible workers in 

4 program positions; 

5 (II) are similarly situated in 

6 similar occupations by the same em7 ployer; and 

8 (III) have similar training, expe9 rience, and skills; and 

10 (iii) is in accordance with any applica11 ble collective bargaining agreements at the 

12 site of employment; 

13 (B) provide benefits for each eligible work14 er in a program position— 

15 (i) at the same level as is provided to 

16 other employees who are not eligible work17 ers in program positions; and 

18 (ii) in accordance with any applicable 

19 collective bargaining agreements at the site 

20 of employment; 

21 (C) ensure that the site of employment is 

22 a location where an eligible worker in a pro23 gram position who is an individual with a dis24 ability, as defined in section 7 of the Rehabilita25 tion Act of 1973 (29 U.S.C. 705), interacts 


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1 with other persons who are not such individuals 

2 with disabilities (not including supervisory per3 sonnel or individuals who are providing services 

4 to such worker) to the same extent as individ5 uals who are not such individuals with disabil6 ities and who are in comparable positions inter7 act with other persons; 

8 (D) offer opportunities for advancement to 

9 eligible workers in program positions, as appro10 priate, that are similar to those for other em11 ployees who are not eligible workers in program 

12 positions; and 

13 (E) fulfill legal and administrative duties 

14 including payroll processing, tax withholding 

15 and documentation, making deductions for any 

16 applicable labor organization dues, and meeting 

17 liability requirements such as workers’ com18 pensation requirements. 

19 (4) PAYMENT TO PARTICIPATING EMPLOYER.— 

20 (A) WAGES AND COMPENSATION.—The 

21 local board shall provide payment to the partici22 pating employer for all eligible costs described 

23 in subsection (h) for wages and compensation 

24 provided by the employer for eligible workers in 


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1 program positions, minus the employer share 

2 described in subsection (i). 

3 (B) EMPLOYER-PROVIDED TRAINING.— 

4 The local board may enter into an agreement 

5 with the participating employer under which the 

6 employer provides on-the-job training or cus7 tomized training to eligible workers, and, sub8 ject to subsection (h)(3), the local board pro9 vides payment to reimburse the employer for 

10 the cost of providing the training described in 

11 the agreement. 

12 (f) NONDISPLACEMENT.— 

13 (1) NONDISPLACEMENT OF EXISTING EMPLOY14 EES.—The participating employer shall not place an 

15 eligible worker hired for a jobs program in a position 

16 under this Act if— 

17 (A) employing such individual will result in 

18 the layoff or partial displacement (such as a re19 duction in hours, wages, or employment bene20 fits) of an existing employee (as of the date of 

21 the hiring) of the employer; 

22 (B) such individual will assume any of the 

23 duties or responsibilities of an employee who is 

24 on strike; 


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1 (C) employing such individual infringes 

2 upon the promotional opportunities of an exist3 ing employee (as of the date of the hiring) of 

4 the employer; or 

5 (D) such individual will perform the same 

6 work or substantially the same work as that 

7 performed by any individual, employed by the 

8 employer at the site of employment, who— 

9 (i) has been laid off or partially dis10 placed (as such term is described in sub11 paragraph (A)); and 

12 (ii) has not been offered by to be re13 stored to the position the employee had im14 mediately prior to being laid off or par15 tially displaced. 

16 (2) PROHIBITION ON ROTATION.—The partici17 pating employer may not make placements in a pro18 gram position by constantly rotating new eligible 

19 workers into a permanent position temporarily, ex20 cept in circumstances in which— 

21 (A) the employer reasonably intends to 

22 promote each such eligible worker to a different 

23 permanent position within the employer’s busi24 ness at the end of that worker’s employment in 

25 the program position; or 


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1 (B) the program position is part of an on2 the-job training program that leads to a recog3 nized postsecondary credential. 

4 (3) NONDISPLACEMENT OF GOVERNMENT EM5 PLOYEES OR FUNCTIONS.— 

6 (A) GOVERNMENT AGENCY.—A partici7 pating employer that is a government agency 

8 may not place an eligible worker hired for a 

9 jobs program in an existing position (as of the 

10 date of the hiring) that is subject to civil service 

11 laws of a Federal, State, or local government. 

12 (B) OTHER PARTICIPATING EMPLOYER.— 

13 A participating employer that is not a govern14 ment agency may not use funds provided under 

15 this Act to provide services or carry out other 

16 functions that are customarily provided by a 

17 unit of State government or general local gov18 ernment. 

19 (4) LIMITATION ON PROGRAM POSITIONS FOR

20 PARTICIPATING EMPLOYER.— 

21 (A) IN GENERAL.—No more than 10 per22 cent of the employees of a participating em23 ployer may be in program positions funded 

24 under this Act, except as provided in any of 

25 subparagraphs (B) through (E). 


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1 (B) MINIMUM.—A participating employer 

2 with fewer than 10 employees may employ 1 in3 dividual in a program position funded under 

4 this Act. 

5 (C) MAXIMUM.—A participating employer 

6 with more than 1,000 employees may employ 

7 not more than 100 individuals in program posi8 tions funded under this Act, unless the em9 ployer obtains permission under subparagraph 

10 (D). 

11 (D) PERMISSION.— 

12 (i) IN GENERAL.—A local board may 

13 grant permission for a participating em14 ployer to have a higher percentage or num15 ber of employees in program positions than 

16 is allowed under subparagraph (A) or 

17 (C)— 

18 (I) under the circumstance de19 scribed in subclause (I) or (II) of 

20 clause (ii); or 

21 (II) under the circumstance de22 scribed in clause (ii)(III), with the 

23 consent of all labor organizations and 

24 joint labor-management organizations 


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1 representing workers at the site in2 volved. 

3 (ii) CIRCUMSTANCES.—The cir4 cumstances described in this clause are 

5 any of the following: 

6 (I) A circumstance in which the 

7 most recent 3-month average of the 

8 unemployment rate in the covered 

9 area is not less than 8 percent. 

10 (II) A circumstance in which the 

11 employer is a worker-owned enterprise 

12 and worker-ownership is widely avail13 able to the employer’s employees, in14 cluding eligible workers in program 

15 positions. 

16 (III) A circumstance in which a 

17 collective bargaining agreement covers 

18 eligible workers in program positions 

19 at a site of employment. 

20 (iii) DURATION.— 

21 (I) IN GENERAL.—An employer 

22 granted the permission described in 

23 clause (i) under the circumstance de24 scribed in clause (ii)(I) may be grant25 ed such permission for a term of not 


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1 more than 2 years, subject to sub2 clause (II), regardless of whether the 

3 unemployment rate in the covered 

4 area falls below 8 percent during that 

5 2-year period. 

6 (II) RENEWAL.—If the permis7 sion is granted under a circumstance 

8 described in clause (ii)(I) and is 

9 scheduled to expire in 3 months or 

10 less, and if the most recent 3-month 

11 average of the unemployment rate in 

12 the covered area is not less than 8 

13 percent, the local board may renew 

14 the permission for another term de15 scribed in subclause (I). 

16 (E) APPLICATION TO GOVERNMENT AGEN17 CY.—If the employer is a Federal, State, or 

18 local agency, the limitations described in sub19 paragraphs (A), (B), and (C) shall be applied 

20 separately to each unit within that agency. 

21 (F) MODIFICATION.—The requirements of 

22 this paragraph may be modified under section 

23 5(e). 

24 (G) DEFINITION.—For purposes of this 

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1 ticipating employer’’ shall not include a commu2 nity-based organization that acts as an em3 ployer of record and (even if a community4 based organization is so acting) shall include 

5 the employer at the site. 

6 (g) GRIEVANCE PROCEDURE.— 

7 (1) IN GENERAL.—The local board shall estab8 lish and maintain a procedure for the filing and ad9 judication of grievances from participants, labor or10 ganizations, or joint labor-management organiza11 tions, and other interested individuals concerning 

12 participating employers, including grievances relat13 ing to proposed placements of eligible workers with 

14 such employers. 

15 (2) DEADLINE FOR GRIEVANCES.—Except for a 

16 grievance that alleges fraud or criminal activity, a 

17 grievance shall be filed not later than 1 year after 

18 the date of the alleged occurrence of the event that 

19 is the subject of the grievance. 

20 (3) DEADLINE FOR HEARING AND DECISION.— 

21 (A) HEARING.—A hearing on any griev22 ance conducted under this subsection shall be 

23 conducted not later than 30 days after the fil24 ing of such grievance. 


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1 (B) DECISION.—A decision on any such 

2 grievance shall be made not later than 60 days 

3 after the filing of such grievance. 

4 (4) ARBITRATION.— 

5 (A) IN GENERAL.— 

6 (i) JOINTLY SELECTED ARBI7 TRATOR.—In the event of a decision on a 

8 grievance that is adverse to the party who 

9 filed the grievance, or 60 days after the fil10 ing of such grievance if no decision has 

11 been reached, such party shall be per12 mitted to submit such grievance to binding 

13 arbitration before a qualified arbitrator 

14 who is jointly selected and independent of 

15 the interested parties. 

16 (ii) APPOINTED ARBITRATOR.—If the 

17 parties cannot agree on an arbitrator, the 

18 Secretary shall appoint an arbitrator from 

19 a list of qualified arbitrators within 15 

20 days after receiving a request for such ap21 pointment from one of the parties to the 

22 grievance. 

23 (B) DEADLINE FOR PROCEEDING.—An ar24 bitration proceeding shall be held not later than 

25 45 days after the request for such arbitration 


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1 proceeding, or, if the arbitrator is appointed by 

2 the Secretary in accordance with subparagraph 

3 (A)(ii), not later than 30 days after the ap4 pointment of such arbitrator. 

5 (C) DEADLINE FOR DECISION.—A decision 

6 concerning a grievance shall be made not later 

7 than 30 days after the date such arbitration 

8 proceeding begins. 

9 (D) COST.— 

10 (i) IN GENERAL.—Except as provided 

11 in clause (ii), the cost of an arbitration 

12 proceeding shall be divided evenly between 

13 the parties to the arbitration. 

14 (ii) EXCEPTION.—If a participant, 

15 labor organization, joint labor-management 

16 organization, or other interested individual 

17 described in paragraph (1) prevails under 

18 a binding arbitration proceeding, the other 

19 entity that is a party to such grievance 

20 shall pay the total cost of such proceeding 

21 and the attorneys’ fees of such participant, 

22 labor organization, or individual, as the 

23 case may be. 

24 (5) PROPOSED PLACEMENT.—If a grievance is 

25 filed regarding a proposed placement of an eligible 


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1 worker with a participating employer, such place2 ment shall not be made unless the placement is con3 sistent with the resolution of the grievance pursuant 

4 to this subsection. 

5 (6) REMEDIES.—Remedies for a grievance filed 

6 under this subsection include— 

7 (A) suspension of payments for the partici8 pating employer; 

9 (B) termination of such payments; 

10 (C) prohibition of the placement described 

11 in paragraph (5); 

12 (D) in a case in which the grievance is 

13 filed by an individual eligible worker or pro14 gram participant— 

15 (i) the eligible worker’s selection to be 

16 a program participant, or the program 

17 participant’s reinstatement, as the case 

18 may be; and 

19 (ii) other changes in the terms and 

20 conditions of employment applicable to the 

21 individual; and 

22 (E) in a case in which the grievance in23 volves a violation of subsection (f) and the em24 ployer of the displaced employee is the partici25 pating employer— 


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1 (i) reinstatement of the displaced em2 ployee to the position held by such em3 ployee prior to displacement; 

4 (ii) payment of lost wages and bene5 fits of the displaced employee; 

6 (iii) reestablishment of other relevant 

7 terms, conditions, and privileges of employ8 ment of the displaced employee; and 

9 (iv) such equitable relief as is nec10 essary to correct any violation of sub11 section (f) or to make the displaced em12 ployee whole. 

13 (7) ENFORCEMENT.—Suits to enforce awards 

14 under this subsection may be brought in any district 

15 court of the United States having jurisdiction of the 

16 parties, without regard to the amount in controversy 

17 and without regard to the citizenship of the parties. 

18 (8) EXISTING GRIEVANCE PROCEDURES.—Not19 withstanding any other provision of this subsection, 

20 a grievance relating to a site of employment that is 

21 covered by a collective bargaining agreement that in22 cludes a grievance procedure that applies to such 

23 grievance shall be adjudicated under the terms of 

24 such grievance procedure and not this subsection. 

25 Nothing in this subsection shall be construed to limit 


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1 the application of any grievance procedure included 

2 in a collective bargaining agreement. 

3 (h) ELIGIBLE COSTS.— 

4 (1) WAGES AND COMPENSATION.— 

5 (A) IN GENERAL.—Subject to paragraph 

6 (2), for purposes of this Act, the eligible costs 

7 of providing wages and compensation shall be 

8 the eligible costs of providing the wages de9 scribed in subparagraph (B), and the com10 pensation described in subparagraph (C), for el11 igible workers. 

12 (B) WAGES.—The eligible costs described 

13 in this subparagraph shall be the costs of pro14 viding wages at a rate that is the greatest of— 

15 (i) the applicable minimum wage rate 

16 under section 6(a)(1) of the Fair Labor 

17 Standards Act of 1938 (29 U.S.C. 

18 206(a)(1)) (not counting any rate author19 ized for employment under special certifi20 cates under section 14 of such Act (29 

21 U.S.C. 214)); 

22 (ii) the applicable State or local min23 imum wage rate; or 

24 (iii) a rate, calculated as an amount 

25 per hour, with the amount determined by 


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1 dividing the poverty line for a family of 4 

2 by 2,080. 

3 (C) COMPENSATION.—The eligible costs 

4 described in this subparagraph— 

5 (i) subject to clause (ii), shall be 

6 nonwage expenses that are directly related 

7 to compensation for eligible workers, in8 cluding— 

9 (I) costs for employer payroll 

10 taxes; 

11 (II) costs for employee benefits; 

12 (III) costs to provide a national 

13 service education award for approved 

14 national service positions sponsored 

15 under section 129(i) of the National 

16 and Community Service Act of 1990 

17 (42 U.S.C. 12581(i)); and 

18 (IV) costs of fulfilling the duties 

19 described in subsection (e)(3)(E); and 

20 (ii) for each eligible worker, shall not 

21 exceed 20 percent of the eligible costs of 

22 providing the wages described in subpara23 graph (B). 

24 (2) LIMITATION FOR DURATION OF WAGES AND

25 COMPENSATION.— 


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1 (A) IN GENERAL.—Subject to subpara2 graph (B), an eligible cost related to wages and 

3 compensation for a program position is an ex4 pense related to the first 12 months of the pro5 gram position, subject to section 5(e). 

6 (B) EXTENSION.—A local board may ex7 tend the 12-month period described in subpara8 graph (A) for not more than an additional 12 

9 months, subject to section 5(e), to the extent 

10 that such extension is necessary to cover the pe11 riod of a program position that is part of an 

12 on-the-job training program that leads to a rec13 ognized postsecondary credential. 

14 (3) CAREER SERVICES, SUPPORTIVE SERVICES, 

15 AND TRAINING SERVICES.— 

16 (A) AGGREGATE LIMIT.—The eligible costs 

17 of providing, or facilitating the provision of, ca18 reer services, supportive services, and training 

19 services to eligible workers shall, in total, not 

20 exceed 20 percent of the total eligible costs of 

21 providing the wages described in paragraph 

22 (1)(B) to those eligible workers. 

23 (B) FLEXIBILITY FOR INDIVIDUALS.—The 

24 limit in subparagraph (A) shall apply to the eli25 gible costs for the total amount of such career 


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1 services, supportive services, and training serv2 ices provided by a jobs program to all eligible 

3 workers, and shall not be construed to con4 stitute a separate limit on the eligible costs for 

5 the career services, supportive services, and 

6 training services so provided to each eligible 

7 worker. 

8 (C) MODIFICATION.—The requirements of 

9 this paragraph may be modified under section 

10 5(e). 

11 (4) ADMINISTRATION.— 

12 (A) LOCAL BOARDS.—The eligible costs in13 curred by a local board (and a State board, 

14 under subparagraph (B)) of administering a 

15 jobs program under this section shall not exceed 

16 10 percent of the total eligible costs of pro17 viding the wages described in paragraph (1)(B) 

18 to all eligible workers served by the jobs pro19 gram. 

20 (B) STATE BOARDS.—A State board may 

21 enter into an agreement with a local board to 

22 receive a portion of the amount made available 

23 under subparagraph (A) to carry out the re24 sponsibilities of the State board under sub25 section (k). 


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1 (C) SECRETARY.—Of the maximum 

2 amount that the Secretary may make available 

3 under subparagraph (A) with respect to a jobs 

4 program, the Secretary may reserve not more 

5 than 10 percent to administer the jobs program 

6 under this section. 

7 (5) MODIFICATION.—The requirements of para8 graphs (2), (3), and (4) may be modified under sec9 tion 5(e). 

10 (i) EMPLOYER SHARE FOR WAGES AND COMPENSA11 TION.— 

12 (1) IN GENERAL.— 

13 (A) BASELINE.—Except as provided in 

14 subparagraph (C), for a local board carrying 

15 out a jobs program in a covered area where the 

16 unemployment rate does not exceed 5 percent, 

17 the employer share of the eligible costs for 

18 wages and compensation shall be 33 percent. 

19 (B) HIGHER UNEMPLOYMENT COVERED

20 AREAS.—Except as provided in subparagraph 

21 (C), for a local board carrying out a jobs pro22 gram in a covered area where the unemploy23 ment rate exceeds 5 percent, the employer share 

24 of those costs shall be the percentage (not less 

25 than 0 percent) obtained by subtracting— 


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1 (i) 3.3 percentage points for every 

2 half of a percentage point by which the un3 employment rate in the covered area ex4 ceeds 5 percent; from 

5 (ii) 33 percent. 

6 (C) SECOND YEAR FOR PROGRAM POSI7 TIONS LEADING TO RECOGNIZED POSTSEC8 ONDARY CREDENTIALS.—With respect to an eli9 gible worker who is in the second year of a pro10 gram position that is part of an on-the-job 

11 training program, pre-apprenticeship program, 

12 or registered apprenticeship program, that leads 

13 to a recognized postsecondary credential, the 

14 employer share of the eligible costs of wages 

15 and compensation for the project shall be 50 

16 percent. That employer share for such a worker 

17 shall remain 50 percent regardless of any 

18 change in the unemployment rate of the covered 

19 area. 

20 (2) RECALCULATION.—The employer share 

21 under subparagraphs (A) and (B) of paragraph (1) 

22 shall be recalculated for the local board once per cal23 endar quarter, using the unemployment rate from 

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1 ceding the calculation with the highest average un2 employment rate in the covered area. 

3 (3) MODIFICATION.—The requirements of this 

4 subsection may be modified under section 5(e). 

5 (j) REQUIREMENTS FOR THE SECRETARY OF

6 LABOR.—The Secretary shall— 

7 (1) oversee jobs programs funded under this 

8 Act to ensure that program requirements are being 

9 met, and verify that requests for Federal funding ac10 curately reflect eligible costs; 

11 (2) perform random, periodic audits to deter12 mine compliance with this Act; 

13 (3) provide payments to local boards for the eli14 gible costs described in subsection (h), minus any 

15 employer share of the eligible costs described in sub16 section (i); 

17 (4) evaluate the performance of jobs programs 

18 carried out under this section, which may include en19 tering into agreements with other entities to conduct 

20 such evaluations; 

21 (5) establish a clearinghouse to identify and 

22 publicize best practices used by local boards carrying 

23 out such jobs programs this Act; 

24 (6) provide technical assistance to local boards, 

25 and to State boards that are providing assistance to 


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1 local boards, carrying out such jobs programs under 

2 this Act; 

3 (7) conduct outreach to State boards, local 

4 boards, employers, and eligible workers to maximize 

5 opportunities for participation in jobs programs by 

6 eligible workers, in furtherance of the purpose of 

7 this Act as described in section 2, by providing job 

8 opportunities for as many eligible workers as pos9 sible; and 

10 (8) administer this Act in consultation with the 

11 Secretary of Education, the Secretary of Housing 

12 and Urban Development, the Secretary of Health 

13 and Human Services, the Attorney General, and the 

14 Secretary of Veterans Affairs. 

15 (k) ROLE OF STATE BOARDS.—In order to assist 

16 local boards in carrying out programs under this Act, a 

17 State board may— 

18 (1) work with local boards to develop statewide 

19 strategies to implement programs under this Act; 

20 (2) align programs carried out under this Act 

21 with the plan submitted by the State board under 

22 subtitle A of title I of the Workforce Innovation and 

23 Opportunity Act (29 U.S.C. 3111 et seq.); 


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1 (3) facilitate coordination of programs carried 

2 out under this Act with the activities carried out 

3 under— 

4 (A) the employment and training program 

5 established by the corresponding State under 

6 the supplemental nutrition assistance program 

7 established under the Food and Nutrition Act 

8 of 2008 (7 U.S.C. 2011 et seq.); 

9 (B) the corresponding State program for 

10 temporary assistance for needy families estab11 lished under part A of title IV of the Social Se12 curity Act (42 U.S.C. 601 et seq.); 

13 (C) the national service plan submitted by 

14 the corresponding State Commission on Na15 tional and Community Service under section 

16 178 of the National and Community Service 

17 Act of 1990 (42 U.S.C. 12638); and 

18 (D) the corresponding State plan for ca19 reer and technical education under part B of 

20 title I of the Carl D. Perkins Career and Tech21 nical Education Act of 2006 (20 U.S.C. 2341 

22 et seq.); 

23 (4) assist local boards in the process of submit24 ting applications under this Act; and 


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1 (5) provide technical assistance to local boards 

2 and employers participating in programs under this 

3 Act. 

4 (l) PAYMENT.— 

5 (1) ADVANCE PAYMENT.—The Secretary may 

6 provide a payment under this Act, as described in 

7 subsection (a), for a quarter on the basis of an ad8 vance estimate of expenditures submitted by the 

9 local board and any other investigation the Secretary 

10 may find necessary. 

11 (2) RETROSPECTIVE ADJUSTMENT.—The Sec12 retary may reduce or increase a payment referred to 

13 in paragraph (1) for a quarter as necessary to ad14 just for any overpayment or underpayment resulting 

15 from such a payment in a previous quarter. 

16 (3) REIMBURSEMENT.—The Secretary may pro17 vide a reimbursement payment under this Act, as 

18 described in subsection (a), for a quarter on the 

19 basis of the actual expenditures of the local board, 

20 if payment has not already been made under this 

21 subsection for the same expenditure. 

22 (m) MANDATORY FUNDING.—For the purpose of car23 rying out this section, there is authorized to be appro24 priated and there is appropriated, out of any money in 

25 the Treasury not otherwise appropriated, such sums as 


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1 may be necessary for fiscal year 2021 and each subsequent 

2 fiscal year. 

3 SEC. 5. GRANTS FOR HIGH-POVERTY AREAS AND AREAS 

4 WITH CHRONICALLY LOW EMPLOYMENT 

5 RATES. 

6 (a) DEFINITIONS.—In this section: 

7 (1) HIGH-POVERTY AREA.—The term ‘‘high8 poverty area’’ means an area in which the poverty 

9 rate, as determined by the Bureau of the Census, 

10 has been not less than 20 percent for a period of not 

11 less than 3 years. 

12 (2) PRIME WORKING-AGE EMPLOYMENT-TO13 POPULATION RATION.—The term ‘‘prime working14 age employment-to-population ratio’’, used with re15 spect to an area, means the ratio of the number of 

16 individuals age 25 through 54 in the area who are 

17 employed, to the number of individuals age 25 

18 through 54 in the area. 

19 (b) ESTABLISHMENT.—The Secretary shall award 

20 grants on a competitive basis to local boards (including 

21 community-based organizations, consistent with section 

22 4(d)(4)(D)), that carry out jobs programs described in 

23 section 4, to provide for added costs related to carrying 

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1 opment and job growth through the programs. The Sec2 retary shall award the grants for periods of 4 years, and 

3 pay such grants as provided under section 4(l). 

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

5 under this section, a local board shall submit an applica6 tion to the Secretary at such time, in such manner, and 

7 containing such information as the Secretary may require, 

8 including— 

9 (1) a plan for the jobs program involved to 

10 achieve performance accountability measures de11 scribed in section 4(c) through modified standards 

12 described in subsection (e), and sustain that achieve13 ment in the long term without permanent support 

14 from a grant awarded under this section; 

15 (2) information that demonstrates stakeholder 

16 engagement in the jobs program from the public and 

17 private sectors, especially major institutions such as 

18 institutions of higher education, hospitals, or other 

19 large employers and organizations, that are located 

20 in the covered area; and 

21 (3) a plan to ensure that residents of the cov22 ered area are part of the operation of and benefit 

23 from the results of the jobs program, which may in24 clude a plan to expand worker-owned enterprises, ex25 pand small local businesses, support start-up busiVerDate Sep 11 2014 01:25 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H2790.IH H2790

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1 nesses owned by covered area residents, or give cov2 ered area residents a role in carrying out the jobs 

3 program. 

4 (d) PRIORITY.—In selecting a local board to receive 

5 a grant under this section, the Secretary shall give priority 

6 to local boards proposing to serve— 

7 (1) high-poverty areas; or 

8 (2) areas for which the prime working-age em9 ployment-to-population ratio has been low, relative 

10 to that ratio for the United States, for a period of 

11 not less than 3 years. 

12 (e) MODIFICATION OF CERTAIN STANDARDS.—In 

13 awarding a grant under this section to a local board, the 

14 Secretary is authorized to modify 1 or more of the fol15 lowing standards for the program carried out by the local 

16 board, if the Secretary determines that making such a 

17 modification can be reasonably expected to help the pro18 gram achieve the performance accountability measures re19 ferred to in subsection (c)(1): 

20 (1) The periods of time specified in subpara21 graphs (C) and (D) of section 3(3). 

22 (2) The limitation on the percentage or number 

23 of employees in program positions with a single par24 ticipating employer, as specified in section 4(f)(4). 


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1 (3) The allowable duration of funding for wages 

2 and compensation as eligible costs, for a program 

3 position, as specified in section 4(h)(2). 

4 (4) The limitation on eligible costs for career 

5 services, supportive services, and training services, 

6 as specified in section 4(h)(3). 

7 (5) The limitation on eligible costs for adminis8 tration, as specified in section 4(h)(4). 

9 (6) The employer share of eligible costs for 

10 wages and compensation, as specified in section 4(i). 

11 (f) EVALUATIONS.—The Secretary shall— 

12 (1) evaluate the performance of jobs programs 

13 that receive funding under this section, which may 

14 include entering into agreements with other entities 

15 to conduct such evaluations; and 

16 (2) identify and publicize best practices used by 

17 local boards carrying out jobs programs that receive 

18 funding under this section, through the clearing19 house described in section 4(j)(5). 

20 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated to carry out this section 

22 such sums as may be necessary for fiscal year 2021 and 

23 each subsequent fiscal year. 

Æ 


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