‘‘TITLE 
XIII—REEMPLOYMENT 
AND 
OTHER 
JOB-RELATED 
ASSISTANCE AND BENEFITS 
‘‘PART A—EMPLOYMENT, TRAINING, AND 
SUPPORTIVE SERVICES PROGRAM 
‘‘SEC. 1301. PURPOSE; DEFINITIONS; ADMINISTRATION. 
‘‘(a) PURPOSE.—The purpose of this part is to pro-
vide funds to States to initiate and expand the provision 
of employment services, training and other services and 
activities, and supportive services for eligible individuals 
in order to— 
‘‘(1) promote subsidized employment programs 
for public, private for-profit, private non-profit, and 
social enterprise sector jobs; 
‘‘(2) expand the availability of jobs during eco-
nomic downturns or in areas with persistently high 
unemployment or poverty; 
‘‘(3) provide economically and socially disadvan-
taged individuals (such as the long-term unem-
ployed, people with criminal records, former foster 
youth, and other economically and socially disadvan-
taged populations) with the ability to gain job expe-
rience; 
‘‘(4) provide employers with new pathways into 
the workforce development system enabling them to 
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have a greater role in the training and hiring of new 
workers and labor market re-entrants; and 
‘‘(5) allow for sufficient State flexibility to de-
sign programs targeted at community-specific work-
force gaps and employer needs. 
‘‘(b) DEFINITIONS.—In this part: 
‘‘(1) ADULT
AND
DISLOCATED
WORKER
EM-
PLOYMENT
AND
TRAINING
ACTIVITIES.—The term 
‘adult and dislocated worker employment and train-
ing activities’ means adult and dislocated worker 
employment and training activities funded under 
chapter 3 of subtitle B of title I of the Workforce 
Innovation and Opportunity Act. 
‘‘(2) DISLOCATED
WORKER.—The term ‘dis-
located worker’ has the meaning given that term in 
section 3 of the Workforce Innovation and Oppor-
tunity Act. 
‘‘(3) ELIGIBLE INDIVIDUAL.—The term ‘eligible 
individual’ means an individual who, on the basis of 
an assessment by the State, has been determined to 
be unlikely to find unsubsidized employment due 
to— 
‘‘(A) being an individual with a barrier to 
employment; 
‘‘(B) being a dislocated worker; or 
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‘‘(C) local or national economic conditions. 
‘‘(4) EMPLOYMENT SERVICES.—The term ‘em-
ployment services’ means a subsidized job placement 
in the public, private for-profit, private non-profit, or 
social enterprise sector and includes payment or re-
imbursement of employer subsidies for wages, the 
employer share of payroll taxes, employer costs for 
unemployment insurance, employer costs for work-
ers’ compensation premiums, and costs attributable 
to supervision and other administration directly re-
lated to the employment of an eligible individual in 
the subsidized job placement. 
‘‘(5) INDIAN TRIBE.—The term ‘Indian tribe’ 
has the meaning given that term in section 419(4). 
‘‘(6) INDIVIDUAL WITH A BARRIER TO EMPLOY-
MENT.—The term ‘individual with a barrier to em-
ployment’ has the meaning given that term in sec-
tion 3 of the Workforce Innovation and Opportunity 
Act and includes an individual who is an offender 
(as defined in such section). 
‘‘(7) INTEGRATED
EDUCATION
AND
TRAIN-
ING.—The term ‘integrated education and training’ 
has the meaning given that term in section 3 of the 
Workforce Innovation and Opportunity Act. 
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‘‘(8) PAYROLL
TAXES.—The term ‘payroll 
taxes’ means taxes under section 3111, 3221, 3301, 
or 3321 of the Internal Revenue Code of 1986, and 
any similar State or local tax imposed on employers. 
‘‘(9) SUPPORTIVE SERVICES.— 
‘‘(A) IN GENERAL.—The term ‘supportive 
services’ has the meaning given that term in 
section 3 of the Workforce Innovation and Op-
portunity Act. 
‘‘(B) ADDITIONAL SERVICES.—Such term 
includes any of the following: 
‘‘(i) Stipends for an eligible individual 
provided with unpaid training services. 
‘‘(ii) Legal services. 
‘‘(iii) Other supplemental services nec-
essary for an eligible individual to partici-
pate in the State program funded under 
this part. 
‘‘(10) STATE EXPENDITURES.—The term ‘State 
expenditures’ means all State or local funds that are 
expended by the State or a local agency including 
State or local funds that are matched or reimbursed 
by the Federal Government and State or local funds 
that are not matched or reimbursed by the Federal 
Government. 
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‘‘(11) TIER-1 PRACTICE.—Subject to subsection 
(c), the term ‘tier-1 practice’ means a practice 
that— 
‘‘(A) offers a new or potentially more effec-
tive strategy for addressing widely shared chal-
lenges; 
‘‘(B) has not been systematically studied 
but is supported by a strong logic model; and 
‘‘(C) is a departure from existing work-
force strategies. 
‘‘(12) TIER-2 PRACTICE.—Subject to subsection 
(c), the term ‘tier-2 practice’ means a practice that 
will expand knowledge about the efficacy of a work-
force strategy and provide more information about 
the feasibility of implementing proven workforce 
strategies in different contexts and is, with respect 
to a State— 
‘‘(A) a practice that has been implemented 
by a State program and evaluated by a State or 
by a neutral third party and the evaluation re-
sults indicate some potential for positive im-
pacts on participant or system-wide outcomes; 
or 
‘‘(B) a practice that has not been pre-
viously implemented by the State, but is sup-
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ported by strong evidence of positive change 
and has been evaluated before using an out-
come, quasi-experimental, or random assign-
ment design, and evaluation findings indicate 
some statistically significant positive change. 
‘‘(13) TIER-3 PRACTICE.—Subject to subsection 
(c), the term ‘tier-3 practice’ means with respect to 
a State, a practice that— 
‘‘(A) previously has been implemented by a 
program funded by a State; and 
‘‘(B) previously has been evaluated using a 
random assignment design and the evaluation 
findings indicate some positive impacts on par-
ticipant or system wide outcomes. 
‘‘(14) TRAINING AND OTHER SERVICES OR AC-
TIVITIES.—The term ‘training and other services or 
activities’ means any of the following services or ac-
tivities if provided in conjunction with a subsidized 
job placement and determined by the State as nec-
essary to significantly increase the likelihood that 
the job placement will be successful for the employer 
and employee and may improve the prospect of ob-
taining and retaining unsubsidized jobs: 
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‘‘(A) Services provided through adult and 
dislocated worker employment and training ac-
tivities. 
‘‘(B) Integrated education and training. 
‘‘(C) Education directly related to employ-
ment. 
‘‘(D) Vocational and employment services 
integrated with trauma-informed substance use 
disorder treatment, in collaboration with a sub-
stance use disorder treatment provider. 
‘‘(E) Casework and job coaching. 
‘‘(F) Union-provided job training services. 
‘‘(c) OUTCOME MEASURES REQUIRED.—A practice 
shall not be considered to be a tier-1, tier-2, or tier-3 prac-
tice unless the practice is intended, studied, or evaluated 
for purposes of making meaningful improvements in vali-
dated measures of important outcomes for eligible individ-
uals and their families, such as recidivism, health, employ-
ment, and economic well-being over the short and long- 
term. 
‘‘(d) ADMINISTRATION.—Subject to section 1302(d), 
the program under this part shall be administered by the 
Secretary through the Assistant Secretary for the Admin-
istration for Children and Families within the Department 
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of Health and Human Services and in consultation with 
the Secretary of Labor and the Secretary of Education. 
‘‘(e) STATE ENTITLEMENT.—This part constitutes 
budget authority in advance of appropriations Acts and 
represents the obligation of the Federal Government to 
provide payments to States under section 1304(a). 
‘‘SEC. 1302. STATE PLAN REQUIREMENTS. 
‘‘(a) IN GENERAL.—A State is not eligible for pay-
ment under section 1304 unless the State has submitted 
to the Secretary a plan that describes— 
‘‘(1) the State’s strategy for creating or ex-
panding programs that offers subsidized employment 
for eligible individuals and moving such individuals 
into unsubsidized employment; 
‘‘(2) how such strategy fits with the State’s 
overall strategy for, and assessment of, the State’s 
workforce needs; 
‘‘(3) the employment services, training and 
other services or activities, and supportive services to 
be provided under the State program funded under 
this part; 
‘‘(4) which specific populations of eligible indi-
viduals the State will serve, with a focus on how the 
State plans to assess and serve the eligible individ-
uals with serious or multiple barriers to employment; 
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‘‘(5) the strategies the State will use for out-
reach and engagement with the populations specified 
under paragraph (4) to ensure that such populations 
are aware of subsidized employment opportunities in 
their community; 
‘‘(6) the strategies the State will use for out-
reach, engagement, and ongoing collaboration with 
employers to promote employers’ use of the program 
and ensure they have the training necessary to sup-
port eligible individuals; 
‘‘(7) the strategies the State will use, based on 
such assessments, to create employability plans for 
eligible individuals participating in the State pro-
gram funded under this part and, based on such 
plans, assign and provide eligible individuals with 
employment services, training and other services and 
activities, and supportive services; 
‘‘(8) how the State will coordinate the State 
program funded under this part with other relevant 
systems and programs based on the populations 
identified which may include criminal justice, child 
support, juvenile justice, child welfare, homeless 
services and other human services and workforce de-
velopment programs of the State, including pro-
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grams supported through the Workforce Innovation 
and Opportunity Act; 
‘‘(9) how the State will ensure employers par-
ticipating in the program comply with the non-dis-
placement requirements of section 1305(c); and 
‘‘(10) a plan for regular, rigorous evaluation of 
the State program funded under this part, including 
how the State plans to measure program outcomes 
and impacts. 
‘‘(b) OTHER REQUIREMENTS.—The State shall in-
clude with the plan a certification that supportive services 
for eligible individuals will supplement, and not supplant, 
other assistance provided by the State. 
‘‘(c) DEADLINES FOR SUBMISSION.— 
‘‘(1) INITIAL
PLAN.—The initial State plan 
under this section shall be submitted by the State 
agency or agencies responsible for administering the 
State program under this part to the Secretary and, 
as appropriate, to the Secretary of Labor and the 
Secretary of Education, not later than 90 days prior 
to the commencement of the State program funded 
under this part and shall be for the period beginning 
on the first day of the commencement of the State 
program funded under the part and ending on the 
day that is the last day of the period covered by the 
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unified State plan or combined State plan submitted 
by the State under section 102 or 103 of the Work-
force Innovation and Opportunity Act that is in ef-
fect as of the date of submission. 
‘‘(2) SUBSEQUENT
PLANS.—Each State plan 
submitted under this section after the initial State 
plan shall be submitted at the same time, in the 
same manner, and apply for the same period, as a 
unified State plan or a combined State plan sub-
mitted by the State under section 102 or 103 of the 
Workforce Innovation and Opportunity Act. 
‘‘(3) APPROVAL.—Each State plan submitted 
under this section by the State agency or agencies 
responsible for administering the State program 
under this part, and any amendments to the plan, 
shall be subject to the approval of the Secretary, in 
consultation with the Secretary of Labor or the Sec-
retary of Education as appropriate. 
‘‘(d) STATE AGENCY.—At the option of the State, the 
program funded under this part shall be administered by 
the lead State agency responsible for administering the 
State program funded under part A of title IV, the lead 
State agencies responsible for administering the adult and 
dislocated worker employment and training activities of 
the State, or jointly by such agencies. 
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‘‘SEC. 1303. USE OF FUNDS. 
‘‘(a) AUTHORIZED USES.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), a 
State shall use funds paid under section 1304 to 
provide eligible individuals with— 
‘‘(A) employment services; 
‘‘(B) training and other services and activi-
ties; and 
‘‘(C) supportive services while eligible indi-
viduals are provided with employment services 
and training and other services and activities. 
‘‘(2) SPENDING REQUIREMENT.—Not less than 
70 percent of the total amount paid to a State for 
a fiscal year quarter shall be for expenditures attrib-
utable to employment services that are payment for 
or reimbursement of employer costs for wages, the 
employer share of payroll taxes, employer costs for 
unemployment insurance, employer costs for work-
ers’ compensation premiums, or costs for employer- 
provided on-the-job training for subsidized job place-
ments of eligible individuals. 
‘‘(3) TRAINING.—A State may use such funds 
for training employers, agency personnel, and other 
individuals related to the administration of the State 
program funded under this part on issues related to 
providing eligible individuals with employment serv-
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ices, training and other services and activities, and 
supportive services. 
‘‘(4) ADMINISTRATIVE COSTS.—Subject to sec-
tion 1304(e), a State may use such funds for the 
proper and efficient administration of the State pro-
gram funded under this part. 
‘‘(b) EVIDENCE-BASED PRACTICES AND ACTUAL JOB 
PLACEMENTS REQUIRED.— 
‘‘(1) IN GENERAL.—Subject to paragraph (3), 
only State expenditures for employment services, 
training and other services and activities, and sup-
portive services provided to eligible individuals that 
meet the following conditions shall be eligible for a 
Federal matching payment under section 1304: 
‘‘(A) The employment services, training 
and other services and activities, supportive 
services are provided in accordance with prac-
tices that meet the requirements for being con-
sidered a tier-1, tier-2, or tier-3 practice. 
‘‘(B) The State can demonstrate that the 
employment services, training and other serv-
ices and activities, and supportive services pro-
vided for an eligible individual directly resulted 
in employment (subsidized or unsubsidized) for 
the eligible individual, or can demonstrate good 
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cause for why the job placement or employment 
did not occur, which may include the failure of 
an employer or an eligible individual to carry 
out the employer’s or individual’s commitments 
to the State program. 
‘‘(2) TIER-2 OR TIER-3 PRACTICES.—Beginning 
with the 21st fiscal year quarter for which the State 
carries out the program funded under this part, not 
less than 50 percent of the total amount expended 
by the State for the quarter shall be for employment 
services, training and other services and activities, 
and supportive services provided in accordance with 
practices that meet the requirements for being con-
sidered a tier-2 or tier-3 practice. 
‘‘(3) PERIODS OF ECONOMIC DOWNTURN.—The 
Secretary may waive any of the limitations on eligi-
ble expenditures under paragraphs (1) and (2) with 
respect to 1 or more State programs funded under 
this part during any period of local or national eco-
nomic downturn (as defined by the Secretary). 
‘‘(c) EVALUATIONS.—A State shall be eligible to re-
ceive a payment under section 1304 for expenditures at-
tributable to evaluating the State program funded under 
this part if— 
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‘‘(1) the State submits to the Secretary a de-
scription of the proposed evaluation; and 
‘‘(2) the Secretary determines that the design 
and approach of the proposed evaluation is rigorous, 
will measure program outcomes and impacts, and is 
likely to yield information that is credible and will 
be useful to the State. 
‘‘SEC. 1304. PAYMENTS TO STATES. 
‘‘(a) PAYMENTS
TO STATES.—Subject to section 
1303 and subsections (b) and (c) of this section, beginning 
with the first fiscal year quarter for which a State plan 
is approved under this part, and for each quarter there-
after, the Secretary shall pay each State, out of any money 
in the Treasury not otherwise appropriated, an amount 
equal to the Federal medical assistance percentage that 
applies for the fiscal year to the State under section 
1905(b) (without regard to any adjustments to such per-
centage applicable under that section or any other provi-
sion of law) of the total amount expended by the State 
during the quarter to provide eligible individuals with em-
ployment services, training and other services and activi-
ties, and supportive services and, subject to subsection (e), 
for the proper and efficient administration of the program 
funded under this part. 
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‘‘(b) INCREASED FEDERAL SUPPORT DURING ECO-
NOMIC DOWNTURNS.— 
‘‘(1) INCREASED FMAP.— 
‘‘(A) IN
GENERAL.—Beginning with any 
fiscal year quarter for which the total unem-
ployment in a State (seasonally adjusted) for 
the period consisting of the most recent 3 
months for which data for all States are pub-
lished equals or exceeds the applicable percent-
age specified in paragraph (2), the Federal 
medical assistance percentage applicable to pay-
ments made under subsection (a) to the State 
for the quarter shall be increased by the appli-
cable number of percentage points specified in 
paragraph (2), except that in no case shall the 
Federal medical assistance percentage applica-
ble to payments under subsection (a) for a 
State for a quarter exceed 100 percent. 
‘‘(B) DURATION.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), an increase in the Federal medical as-
sistance percentage made in accordance 
with this subsection shall remain in effect 
with respect to payments made to a State 
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under subsection (a) for at least 4 consecu-
tive fiscal year quarters. 
‘‘(ii) ADDITIONAL INCREASE IN UNEM-
PLOYMENT.—If during the period for 
which the Federal medical assistance per-
centage for a State is increased under this 
subsection, the total unemployment in the 
State (seasonally adjusted) for the period 
consisting of the most recent 3 months for 
which data for all States are published ex-
ceeds the applicable total unemployment 
rate that was the basis for such increase, 
the increase in the Federal medical assist-
ance percentage shall be the applicable 
number of percentage points specified in 
paragraph (2) that corresponds to the 
most recent percentage of total unemploy-
ment in the State, beginning with the first 
fiscal year quarter for which such percent-
age of total unemployment occurs and con-
tinuing for 3 succeeding fiscal year quar-
ters. 
‘‘(2) APPLICABLE
PERCENTAGE; APPLICABLE 
NUMBER OF PERCENTAGE POINTS.—For purposes of 
paragraph (1), if the total unemployment in a State 
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(seasonally adjusted) for the period consisting of the 
most recent 3 months for which data for all States 
are published is— 
‘‘(A) equal to or greater than 6.5 percent 
but less than 7 percent, the applicable number 
of percentage points is 20; 
‘‘(B) equal to or greater than 7 percent 
but less than 7.5 percent, the applicable num-
ber of percentage points is 30; 
‘‘(C) equal to or greater than 7.5 percent 
but less than 8 percent, the applicable number 
of percentage points is 40; and 
‘‘(D) equal to or greater than 8 percent, 
the applicable number of percentage points is 
50. 
‘‘(c) MAINTENANCE OF EFFORT.—As a condition of 
receiving payments under this section for a fiscal year— 
‘‘(1) the total amount of State expenditures for 
employment services, training and other services and 
activities, and supportive services provided through 
the adult and dislocated worker employment and 
training activities of the State for the fiscal year 
shall not be less than the amount of such expendi-
tures for fiscal year 2017; and 
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‘‘(2) the total amount of State expenditures for 
work, education, and training activities and work 
supports under the State program funded under 
part A of title IV shall not be less than the total 
amount of such State expenditures for the preceding 
fiscal year. 
‘‘(d) ADMINISTRATION OF PAYMENTS WITH TITLE 
IV–A.—Section 405 shall apply to payments made to 
States under this part in the same manner as section 405 
applies to payments made to States under State programs 
funded under part A of title IV. 
‘‘(e) LIMITATION.—Beginning with the fifth fiscal 
year quarter for which a State plan is approved under this 
part, and for each quarter thereafter, a State shall not 
receive a payment under this section for amounts ex-
pended by the State during the quarter for the proper and 
efficient administration of the program funded under this 
part that exceed the amount equal to 15 percent of the 
amount expended by the State during the quarter to pro-
vide eligible individuals with employment services, training 
and other services and activities, and supportive services. 
‘‘(f) PLANNING
AND
IMPLEMENTATION
GRANTS; 
TECHNICAL ASSISTANCE.— 
‘‘(1) IN
GENERAL.—In addition to amounts 
available to make payments to States under sub-
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‘‘(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Sec-
retary to carry out this subsection for each fiscal 
year beginning with fiscal year 2020, such sums as 
are necessary. 
‘‘SEC. 1305. OTHER PROGRAM REQUIREMENTS. 
‘‘(a) ASSESSMENT AND EMPLOYABILITY PLAN.—The 
State shall establish procedures to— 
‘‘(1) assess, within 30 days of determining that 
an individual is an eligible individual, the eligible in-
dividual’s job skills, education, past work experience, 
and potential barriers to employment; and 
‘‘(2) create, based on such assessment, an indi-
vidualized employability plan for each eligible indi-
vidual participating in the program that— 
‘‘(A) specifies— 
‘‘(i) the initial plan for the eligible in-
dividual, including whether the eligible in-
dividual is to be immediately begin working 
in a subsidized job or needs training and 
other services and activities or supportive 
services before that placement can occur; 
and 
‘‘(ii) the employment services that will 
be provided to the eligible individual, as 
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well as the training and other services and 
activities, and supportive services that will 
be provided to the eligible individual while 
the eligible individual is working in a sub-
sidized job; and 
‘‘(B) provides that, near the end of the in-
dividual’s initial placement in a subsidized job, 
an assessment will be made regarding whether 
the eligible individual will be converted to a per-
manent employee, and if not, the job search as-
sistance and additional employment services, 
training and other services and activities, and 
supportive services that will be provided to the 
eligible individual with the goal of obtaining 
and retaining unsubsidized employment. 
‘‘(b) EMPLOYMENT STANDARDS AND CRITERIA FOR 
SUBSIDIZED JOBS.— 
‘‘(1) GENERAL
REQUIREMENTS.—Any sub-
sidized job placement for an eligible individual par-
ticipating in the State program funded under this 
part shall satisfy the following requirements: 
‘‘(A) Employment services that are pay-
ment for or reimbursement of employer costs 
may only be used by an employer in the public, 
private for-profit, private non-profit, or social 
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enterprise sector for such costs that are attrib-
utable to the hiring of, compensation for, or on- 
the-job training of, the eligible individual. 
‘‘(B) An employer in the public, private 
for-profit, private non-profit, or social enter-
prise sector shall not be paid a subsidy that ex-
ceeds 120 percent of wage costs. 
‘‘(C) An eligible individual in a subsidized 
job placement shall be paid not less than the 
prevailing minimum wage in the relevant juris-
diction and shall be covered by all relevant 
labor and employment laws. 
‘‘(D) Subject to paragraph (4), a sub-
sidized job placement for an eligible individual 
shall not exceed 6 months unless the placement 
is extended for not more than 6 additional 
months for purposes of improving the work ex-
perience, training and other services and activi-
ties, and supportive services needs of an eligible 
individual with less prior work experience, more 
skill development and training needs, or greater 
employment barriers. 
‘‘(E) Employers participating in the State 
program agree to make a good faith effort to 
hire an eligible individual placed in a subsidized 
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job in their employment if the individual has 
demonstrated satisfactory performance and the 
employer has a relevant job opening available 
and to maintain a record of the share of sub-
sidized workers hired on a permanent basis. 
‘‘(2) ADDITIONAL PLACEMENTS.—If, after com-
pleting a subsidized job placement, an eligible indi-
vidual is unemployed for at least 6 weeks (regardless 
of whether such weeks are consecutive), the eligible 
individual may apply for a new subsidized job place-
ment but the immediately subsequent placement 
may only be with a different public or private sector 
employer. 
‘‘(3) STATE VARIATION PERMITTED.—Employer 
subsidies for a subsidized job placement may vary 
within a State and among States carrying out pro-
grams under this part provided that all eligible indi-
viduals employed in subsidized jobs shall be paid not 
less than the prevailing minimum wage in the rel-
evant jurisdiction and shall be covered by all rel-
evant labor and employment laws. 
‘‘(4) EXCEPTIONS.—With respect to any period 
for which the total unemployment in a State (sea-
sonally adjusted) for the period consisting of the 
most recent 3 months for which data for all States 
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are published equals or exceeds 7.5 percent, the Sec-
retary may waive the limit on the duration of a sub-
sidized job placement under paragraph (1)(D). 
‘‘(c) NONDISPLACEMENT.—A public or private sector 
employer shall not use an eligible individual subsidized job 
placement to— 
‘‘(1) displace or replace an employee, position, 
or volunteer, or to partially displace or replace an 
employee, position, or volunteer, such as through a 
reduction in hours, wages, or employment benefits; 
or 
‘‘(2) displace or replace an employee partici-
pating in a strike, collective bargaining or union ac-
tivities, or union organizing. 
‘‘SEC. 1306. REPORTS; TECHNICAL ASSISTANCE; RESEARCH; 
AUDIT REQUIREMENT. 
‘‘(a) QUARTERLY REPORTS.— 
‘‘(1) STATE REPORTS.—A State shall submit 
with each quarterly report required under section 
411(a)(1) a report on the State program funded 
under this part that contains such data and infor-
mation as the Secretary shall require. 
‘‘(2) REPORTS TO CONGRESS.—The Secretary 
shall submit with each annual report to Congress re-
quired under section 411(b) a report on the State 
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