I 117th CONGRESS 2d Session H. R. 7323 IN THE HOUSE OF REPRESENTATIVES March 31, 2022 Mr. Espaillat introduced the following bill; which was referred to the Committee on Education and Labor A BILL To amend the Workforce Innovation Opportunity Act to codify the Department of Labor’s Reentry Employment Opportunities grants, authorizing a competitive grant program that aims to assist justice-involved adults and youth returning from incarceration with achieving academic success, employment, reducing the involvement of youth in crime and violence, and avoiding recidivism.

1. Short title This Act may be cited as the Expanding Reentry Employment Assistance Act . 2. Reentry employment opportunities Subtitle D of title I ( 29 U.S.C. 3221 et seq. ), as amended by this Act, is further amended by inserting after section 172, as added by the preceding section, the following: 173. 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. (b) Reentry employment competitive grants, contracts, and cooperative agreements authorized (1) In general From the amounts appropriated under subsection (h)(1) and not reserved under subsection (h)(2), 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; and (B) may use not more than 30 percent of such amounts to award funds under subparagraph (A) to eligible entities that are national or regional intermediaries to— (i) implement the reentry projects described in subparagraph (A); or (ii) provide such funds to other eligible entities— (I) to implement such reentry projects; and (II) to monitor and support such entities. (2) Award periods The Secretary shall award funds under this section for an initial period of not more than 4 years, and may renew such awards for additional 4-year periods. (3) Priority In awarding funds under this section, the Secretary shall give priority to eligible entities whose applications submitted under subsection (c) demonstrate a commitment to use such funds to implement reentry projects— (A) that will serve high-crime or high-poverty areas; (B) that will enroll in such reentry projects eligible youth or eligible adults— (i) prior to the release of such individuals from incarceration in a correctional institution; or (ii) not later than 90 days after such release; (C) whose strategy and design are evidence-based; (D) that establish partnerships with— (i) businesses; or (ii) institutions of higher education to provide project participants with programs of study leading to recognized postsecondary credentials in in-demand occupations; (E) that provide training services that are designed to meet the basic 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 training; or (F) that demonstrate a track record and ongoing commitment of developing, implementing, and refining reentry programs that include employment, education, training, and support services for adults and youth with current or prior justice system involvement. (c) Application (1) Form and procedure To be qualified to receive funds under this section, 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). (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 the funds received under this section, 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 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-stops, community-based organizations, and employers (including local businesses) 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 race, ethnicity, gender and other participant characteristics, and report to the Secretary the data required with respect to the reentry project carried out by the eligible entity for purposes of the evaluation under subsection (f). (K) Any other information required by the Secretary. (d) Uses of funds (1) In general An eligible entity that receives funds under this section shall use such funds to implement a reentry project for eligible adults, eligible youth, or both that provides one or more of the following services: (A) Supportive services. (B) For participants who are eligible youth, one or more of the program elements listed in subparagraphs (A) through (N) of section 129(c)(2). (C) One or more of the individualized career services listed in subclause (I) through (IX) of section 134(c)(2)(A)(xii). (D) Follow-up services after placement in unsubsidized employment as described in section 134(c)(2)(A)(xiii). (E) One or more of the training services listed in clauses (i) through (x)(i) in section 134(c)(3)(D), including subsidized employment opportunities through transitional jobs. (F) Apprenticeship programs. (G) Education in digital literacy skills. (H) Mentoring. (I) Provision of or referral to evidence-based mental health treatment by licensed practitioners. (J) Assistance in obtaining employment as a result of the establishment and development by the eligible entity of relationships and networks with large and small employers. (K) Assistance with driver’s license reinstatement and fees for driver’s licenses and other necessary documents for employment. (L) Provision of or referral to substance abuse treatment services, provided that funds awarded under this section are only used to provide such services to participants who are unable to obtain such services through other programs providing such services. (M) Assistance in obtaining employment as a result of the coordination by the eligible entity with employers to develop customized training programs and on-the-job training. (2) Administrative cost limit An eligible entity may not use more than 10 percent of the funds received under this section for administrative costs, including for costs related to collecting information, analysis, and coordination for purposes of subsection (e) or (f). (e) Levels of performance (1) Establishment of levels (A) In general The Secretary shall establish expected levels of performance for reentry projects funded this section for— (i) each of the primary indicators of performance for adults and youth described in section 116(b); and (ii) the additional performance indicators described in paragraph (2). (B) Updates The levels established under subparagraph (A) shall be updated for each 4-year award period. (2) Additional indicators of performance In addition to the indicators described in paragraph (1)(A)(i), the Secretary— (A) shall establish an indicator of performance for projects funded under this section with respect participant recidivism; and (B) may establish other performance indicators for such projects as the Secretary determines appropriate. (3) 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 this section that will be subject to such levels, based on factors including— (A) the expected performance levels of each such eligible entity described in the application submitted under subsection (c)(2)(H); (B) 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; and (C) the characteristics of the participants of the projects when the participants enter the project involved, including— (i) criminal records and indicators of poor work history; (ii) lack of work experience; (iii) lack of educational or occupational skills attainment; (iv) low levels of literacy or English proficiency; (v) disability status; (vi) homelessness; and (vii) receipt of public assistance. (4) Failure to meet performance levels In the case of an eligible entity that fails to meet the performance levels established under paragraph (1) for the reentry project involved for any award year, 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 this section is made, the Secretary (acting through the Chief Evaluation Officer) shall meet the following requirements: (A) Design and conduct of evaluation Design and conduct an evaluation to evaluate the effectiveness of the reentry projects funded under this section, 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 in wages earned, benefits provided by employers, career advancement, measurable skills gains, credentials earned, housing, health, 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 meet the needs of 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 training 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, access to financial aid, and access to housing. (viii) The quality and effectiveness of technical assistance provided by the Secretary for implementing such projects. (ix) Other elements that the Chief Evaluation Officer may determine to be appropriate. (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 provide personally identifiable information. (2) Design requirements An evaluation under this subsection— (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 the 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 Labor 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 preceding year; (B) the percentage of such individuals who successfully completed the requirements of such projects; and (C) the performance of eligible entities on such projects as measured by the performance indicators set forth in subsection (e). (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) Authorization of appropriations; reservations (1) Authorization of appropriations There are authorized to be appropriated to carry out this section— (A) $250,000,000 for fiscal year 2023; (B) $300,000,000 for fiscal year 2024; (C) $350,000,000 for fiscal year 2025; (D) $400,000,000 for fiscal year 2026; (E) $450,000,000 for fiscal year 2027; and (F) $500,000,000 for fiscal year 2028. (2) Reservation of funds Of the funds appropriated under paragraph (1) for a fiscal year, the Secretary— (A) may reserve not more than 5 percent for the administration of grants, contracts, and cooperative agreements awarded under this section, of which not more than 2 percent may be reserved for the provision of— (i) technical assistance to eligible entities that receive funds under this section; and (ii) outreach and technical assistance to eligible entities desiring to receive such funds, including assistance with application development and submission; and (B) 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) Chief Evaluation Officer The term Chief Evaluation Officer means the head of the independent evaluation office located organizationally in the Office of the Assistant Secretary for Policy of the Department of Labor. (2) 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. (3) Correctional institution The term correctional institution has the meaning given the term in section 225(e). (4) 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 Indian or Native American entity eligible for grants under section 166; (E) a labor organization or joint labor-management organization; or (F) a consortium of the entities described in subparagraphs (A) through (E). (5) 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 prior to enrollment in a project funded under this section. (6) Eligible youth The term eligible youth means a justice-involved individual who is not younger than age 14 or older than age 24. (7) High-crime The term high-crime , when used with respect to a geographic area, means an area with crime rates that are higher than the rate for the overall city (for urban areas) or of non-metropolitan area in the State (for rural areas), as such terms are used by the Bureau of Labor Statistics. (8) High-poverty The term high-poverty , when used with respect to a geographic area, means an area with a poverty rate of at least 25 percent as determined based on the most recently available data from the American Community Survey conducted by the Bureau of the Census. .