Sec. 4. Subsidized employment for unemployed, low-income adults
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From the funds available under section 3(a)(1), the Secretary of Labor shall make an allotment under subsection
(b)to each State that has a State plan approved under subsection
(c)and to each outlying area and recipient under section 166(c) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2911(c) ) that meets the requirements of this section, for the purpose of providing subsidized employment opportunities to unemployed, low-income adults. Not later than 30 days after the date of enactment of this Act, the Secretary of Labor, in coordination with the Secretary of Health and Human Services, shall issue guidance regarding the implementation of this section. Such guidance shall, consistent with this section, include procedures for the submission and approval of State and local plans and the allotment and allocation of funds, including reallotment and reallocation of such funds, that promote the expeditious and effective implementation of the activities authorized under this section. Of the funds described in subsection (a)(1), the Secretary shall reserve— not more than 1/4 of 1 percent to provide assistance to outlying areas to provide subsidized employment to unemployed, low-income adults; and 1.5 percent to provide assistance to recipients under section 166(c) of the Workforce Investment Act of 1998 (relating to Native Americans; 29 U.S.C. 2911(c) ) to provide subsidized employment to unemployed, low-income adults. After determining the amounts to be reserved under section 3(b) and paragraph (1), the Secretary of Labor shall allot the remainder of the funds described in subsection (a)(1) among the States by allotting— one-third on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each State, compared to the total number of unemployed individuals in areas of substantial unemployment in all States; one-third on the basis of the relative excess number of unemployed individuals in each State, compared to the total excess number of unemployed individuals in all States; and one-third on the basis of the relative number of disadvantaged adults and youth in each State, compared to the total number of disadvantaged adults and youth in all States. For purposes of the formula described in paragraph (2)— The term area of substantial unemployment means any contiguous area that has a population of at least 10,000, and that has an average rate of unemployment of at least 6.5 percent for the most recent 12 months, as determined by the Secretary. The term disadvantaged adult or youth means an individual who is age 16 or older (subject to section 132(b)(1)(B)(v)(I) of the Workforce Investment Act of 1998 (29 U.S.C. 2862(b)(1)(B)(v)(I))) who received an income, or is a member of a family that received a total family income, that, in relation to family size, does not exceed the higher of— the poverty line; or 70 percent of the lower living standard income level. The term excess number means, used with respect to unemployed individuals in a State, the higher of— the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in the State; or the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in areas of substantial unemployment in such State. If the Governor of a State does not submit a State plan by the date specified in subsection (c)(2)(B), or a State does not receive approval of a State plan, the amount the State would have been eligible to receive pursuant to the formula under paragraph
(2)shall be transferred within the Fund and added to the amounts available for competitive grants under section 3(a)(3). For a State to be eligible to receive an allotment of funds under subsection (b), the Governor of the State shall submit to the Secretary of Labor a State plan in such form and containing such information as the Secretary may require. At a minimum, such plan shall include— a description of the strategies and activities to be carried out by the State, in coordination with employers in the State, to provide subsidized employment opportunities to unemployed, low-income adults, including strategies relating to the level and duration of subsidies consistent with subsection (e)(2); a description of the requirements the State will apply relating to the eligibility of unemployed, low-income adults, consistent with section 8, for subsidized employment opportunities, which requirements may include criteria to target assistance to particular categories of such adults, such as individuals with disabilities or individuals who have exhausted all rights to unemployment compensation; a description of how the funds allotted to provide subsidized employment opportunities will be administered in the State and (if administered by entities described in subsection (d)(1)(A)) in local areas, in accordance with subsection (d); a description of the performance outcomes to be achieved by the State through the activities carried out under this section and the processes the State will use to track performance, consistent with guidance provided by the Secretary of Labor regarding such outcomes and processes and with section 7(b); a description of the coordination of activities to be carried out with the funds provided under this section with activities under title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ), the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act (referred to in this Act as the TANF program ; 42 U.S.C. 601 et seq. ) and other appropriate Federal and State programs that may assist unemployed, low-income adults in obtaining and retaining employment; a description of the timelines for implementation of the activities described in subparagraph (A), and the number of unemployed, low-income adults expected to be placed in subsidized employment by calendar quarter; assurances that the State will report such information as the Secretary of Labor may require relating to fiscal, performance, and other matters as the Secretary determines is necessary to effectively monitor the activities carried out under this section; and assurances that the State will ensure compliance with the requirements, restrictions, labor standards, and other provisions described in section 7(a). The State plan described in paragraph
(1)may be submitted in conjunction with the State plan modification or other request for funds by the State required under section 5, and may be submitted as a modification to a State plan that has been approved under section 112 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2822 ). The Governor shall submit the State plan described in paragraph
(1)to the Secretary of Labor not later than 75 days after the date of enactment of this Act and the Secretary of Labor shall make a determination regarding the approval or disapproval of such plan not later than 45 days after the submission of such plan. If the plan is disapproved, the Secretary of Labor may provide a reasonable period of time in which the plan may be amended and resubmitted for approval. The Secretary of Labor shall approve a State plan that the Secretary determines is consistent with the requirements of this section and reasonably appropriate and adequate to carry out the objectives of this section. If the plan is approved, the Secretary shall allot funds to the State under subsection
(b)within 30 days after such approval. The Governor may submit a modification to a State plan under this subsection, consistent with the requirements of this section. The State may administer the funds for activities under this section through— the State and local entities responsible for the administration of the formula program of workforce investment activities for adults under subtitle B of title I of the Workforce Investment Act of 1998; the State agency or agencies responsible for the administration of the TANF program; or a combination of the entities and agency or agencies described in subparagraphs
(A)and (B). The Governor may reserve not more than 5 percent of the funds made available through the allotment under subsection (b)(2), for administration and technical assistance, and shall allocate the remainder, in accordance with the option elected under paragraph (1)— among local workforce investment areas within the State in accordance with subparagraphs (A), (B), and
(C)of subsection (b)(2), except that for purposes of such allocation references to a State in such subsection shall be deemed to be references to a local workforce investment area and references to all States shall be deemed to be references to all local workforce investment areas in the State involved, and not more than 10 percent of the funds so allocated to a local workforce investment area may be used for the costs of administration of this section; or through entities responsible for the provision of services under the TANF program to local populations in such manner as the State agency or agencies responsible for the administration of the TANF program may determine to be appropriate. In a case in which the responsibility for the administration of the activities described in subsection
(e)is to be carried out by the entities described in paragraph (1)(A), in order to receive an allocation under subparagraph (A)(i), a local workforce investment board, in partnership with the chief elected official of the local workforce investment area involved, shall submit to the Governor a local plan for the use of such funds under this section not later than 30 days after the submission of the State plan. Such local plan may be submitted as a modification to a local plan approved under section 118 of the Workforce Investment Act of 1998 (29 U.S.C. 2828). The local plan described in clause
(i)shall contain the information described in subparagraphs
(A)through
(H)of subsection (c)(1), as applied to the local workforce investment area. The Governor shall approve or disapprove the local plan submitted under clause
(i)not later than a date (referred to in this clause as the final determination date ) that is the later of the 30th day after the submission of the local plan or the 30th day after the approval of the State plan. The Governor shall approve the local plan unless the Governor determines that the plan is inconsistent with the requirements of this section or is not reasonably appropriate and adequate to carry out the objectives of this section. If the Governor has not made a determination by the final determination date, the plan shall be considered to be approved. If the plan is disapproved, the Governor may provide a reasonable period of time in which the plan may be amended and resubmitted for approval. If the plan is approved, the Governor shall allocate funds to the local workforce investment area involved under subparagraph (A)(i) within 30 days after such approval. If a local workforce investment board and chief elected official do not submit a local plan by the date specified in subparagraph (B)(i), or the Governor disapproves a local plan, the amount the local workforce investment area would have been eligible to receive pursuant to the formula under subparagraph (A)(i) shall be allocated to local workforce investment areas that receive approval of their local plans under subparagraph (B). Each such local workforce investment area shall receive a share of the total amount available for reallocation under this subparagraph, in accordance with the area's share of the total amount allocated under subparagraph (A)(i) to such local workforce investment areas. The funds made available under this section shall be used to provide subsidized employment for unemployed, low-income adults. The entities described in subsection (d)(1) may use a variety of strategies in recruiting employers and identifying appropriate employment opportunities, but shall give priority to providing employment opportunities likely to lead to unsubsidized employment in emerging or in-demand occupations in the area served through the grant involved. Funds made available under this section may be used to provide support services, such as transportation and child care, that are necessary to enable the participation of such adults in subsidized employment opportunities. The entities described in subsection (d)(1) may determine the percentage of the wages and costs of employing a participant for which an employer may receive a subsidy with the funds made available under this section, and the duration of such subsidy, in accordance with guidance issued by the Secretary in coordination with the Secretary of Health and Human Services. The entities may establish criteria for determining such percentage or duration, using appropriate factors such as the size of the employer and types of employment. The Secretary of Labor shall administer this section in coordination with the Secretary of Health and Human Services to ensure the effective implementation of this section.
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4 references not yet in our index
- 29 USC 2911(c)
- 29 USC 2862(b)(1)(B)(v)(I)
- 29 USC 2822
- 29 USC 2828
Citation graph
cites case law
Sec. 4
Subsidized employment for unemployed, low-income adults
Cite29 USC 2911(c)
Cite29 USC 2862(b)(1)(B)(v)(I)
Cite29 USC 2822
Cite29 USC 2828
Cites 6Cited by 0 across 0 sources