Sec. 103. Transitional jobs
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From amounts made available under section 104, the Secretary shall establish a program, through grant agreements described in subsection
(c)with State and local government agencies, that provides eligible unemployed or partially employed individuals with opportunities to work in a transitional job for the purpose of enabling such individuals to gain, through wage-paying jobs, the experience and skills needed to move into regular employment. To be eligible for a transitional job, an individual shall— be a resident of the United States, and a resident of the State in which the individual applies for a transitional job; be not less than 18 years of age; not be incarcerated in any Federal or State penal institution, unless the individual is participating in a work-release program authorized by the United States or a State and the United States or the State authorizes employment under this circumstance in a transitional job; and be unemployed, or employed for less than 30 hours per week, for not less than 4 consecutive weeks preceding the individual's application for a transitional job. The Secretary shall enter into agreements with State and local government agencies under which— the State and local government agencies carry out all activities described in paragraph (3); and the Secretary provides grants to the State and local government agencies to carry out such activities. The Secretary shall select State and local government agencies for the agreements described in paragraph
(1)based on— the agencies' level of experience and commitment to transitional jobs programs; and such other criteria as the Secretary determines appropriate, which may include criteria relating to the implementation by such agencies of transitional jobs program models under this title. The activities described in this paragraph are the following: Select, on a competitive basis, and enter into a contract with one or more local government, nonprofit, or for-profit entities to— administer the transitional jobs program in the State or local area to be served; and function as the employer of record described in subsection (d). Pay each entity selected to serve as an employer of record, based upon the terms of the contract and full documentation of performance, for the entity's performance of its contractually defined services in administering the transitional jobs program, including reimbursement of the entity for appropriate wages and taxes the entity has paid, as required under paragraphs
(6)and
(7)of subsection (d), to or on behalf of eligible individuals who worked in transitional jobs in the entity's capacity as an employer of record. A State or local governmental agency may require a host employer to pay a portion of the appropriate wages and taxes for the individual. Cooperate with the Comptroller General of the United States, the Congressional Budget Office, and other Federal and State agencies in the performance of audits and the conduct of fiscal and programmatic oversight. Annually submit to the Secretary, and to the Governor or other chief executive officer of the State in which the program is located and the State legislature, a report on the State or local government agency's role and accomplishments in the operation of the transitional jobs program, in a format specified by the Secretary. Conduct, or enter into arrangements with independent academic or research organizations to conduct, periodic evaluations of the effectiveness of the program within the State or local area served in— reducing poverty and unemployment; enabling unemployed and underemployed individuals to gain the experience and skills needed to move into regular employment; and assisting employers in creating new regular employment. Promulgate any rules necessary for the agency's operation of the transitional jobs program. The Secretary shall, to the greatest extent practicable and subject to the availability of appropriations, ensure that the agreements described in paragraph
(1)make the transitional jobs program available to eligible individuals in all local areas of all States. Notwithstanding subparagraph (A), a State or local government agency entering into an agreement under paragraph
(1)may, in carrying out the activities described in paragraph (3), choose to target the assistance to eligible individuals under subsection
(b)who have significant barriers to employment. A State or local government agency entering into an agreement under paragraph
(1)may carry out the activities described in paragraph
(3)through, or in alignment with, other subsidized employment and job training activities or systems available within the State or local area. Each local government, nonprofit, or for-profit entity selected to serve as an employer of record under subsection (c)(3)(A) shall do each of the following: Determine the eligibility of individuals applying for the transitional jobs program under this title. Conduct orientation activities for individuals that the employer of record has determined are eligible for the transitional jobs program. Assess the education, prior work experience, and other relevant factors of each eligible individual who requests a transitional job, for the purpose of assisting the individual to be successful in applying for and performing well in a specific transitional job. Connect each eligible individual requesting a transitional job to the one-stop delivery system established under section 121(e) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3151(e) ), and to other resources that provide assistance to job seekers. Offer each eligible individual who desires to work in a transitional job and meets the eligibility requirements under paragraphs
(1)through
(4)of subsection
(b)the opportunity to work for a host site employer. The host site employer may be— the employer of record; or another organization that has entered into an agreement with the employer of record, and as part of such agreement, agrees to function as, and meet the responsibilities of, a host site employer, for a period not to exceed 30 weeks, subject to the requirements of subsection (e). Pay each individual described in paragraph (5), for each hour of work performed for the host site employer, an amount at a rate of pay that is equal to, or greater than, the greater of— the minimum wage rate applicable in the State in which the applicable position is located; the wage rate applicable under section 6 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 ); or if the State or local governmental agency determines appropriate, the prevailing wage rate, as determined by the State or local governmental agency, for the type of work performed by the individual. With respect to the employment of each individual described in paragraph (5)— pay any applicable Federal taxes for employers, including the employer taxes imposed under sections 3111, 3221, and 3301 of the Internal Revenue Code of 1986; pay any other State or local government taxes that employers in the relevant State or local area are required to pay; withhold from the individual’s earnings the taxes imposed under sections 3101 and 3201 of the Internal Revenue Code of 1986, and any other Federal, State, or local tax required to be withheld for employees; complete and submit to the appropriate government agencies, all required Federal, State, and local tax-related and employment-related forms that an employer would typically submit, including by ensuring that each individual provides the information necessary for the completion of such forms; provide the individual with a Form W–2 Wage and Tax Statement for the calendar year; provide for workers' compensation coverage for the individual under the applicable Federal and State workers’ compensation laws; perform, either directly or through an agreement described in paragraph (5)(B) with a host site employer, all other functions that an employer would typically perform; comply with any applicable requirements for providing health insurance coverage, including under the Patient Protection and Affordable Care Act ( Public Law 111–148 ) and any amendments made by that Act; and provide any benefits that are otherwise required of employers in the relevant State or local area. Ensure that no transitional job would result in a violation of any of the worker protections provided in subsection (f). An individual may work in a transitional job for a period not to exceed 30 weeks, as long as— the individual continues to meet the eligibility requirements for a transitional job under paragraphs
(1)through
(3)of subsection (b); the individual, during the period of employment in the transitional job, pursues efforts to replace hours of work in the transitional job with regular employment; the individual has not— obtained regular employment that consistently equals or exceeds 30 hours of work per week; or turned down any appropriate offer for such regular employment, as determined by the Secretary; and if the individual receives and accepts an appropriate offer for such regular employment, the individual does not postpone the starting date for such employment beyond the earliest date practicable, as determined by the Secretary, even if such date occurs before the individual has reached the maximum transitional job time period of 30 weeks. A State or local government agency administering a transitional jobs program under this section shall, subject to the availability of funds, allow an individual who has completed the maximum number of weeks in a transitional job an opportunity to work in a different transitional job, under the same terms and conditions established under this section, if the individual— is unable, after the end of 30 weeks of employment in a transitional job, to find regular employment that consistently equals or exceeds 30 hours per week; engages in an intensive job search, as defined by the Secretary, for not less than 4 consecutive weeks following the completion of a transitional job, and remains unable to find regular employment; and meets the eligibility requirements under paragraphs
(1)through
(4)of subsection (b). A transitional job shall not violate an existing contract for services or a collective bargaining agreement, and a transitional job that would violate a collective bargaining agreement shall not be undertaken without the written concurrence of the labor organization and employer concerned. An individual described in subsection (d)(5) shall not be assigned to a transitional job— when any other individual is on layoff from the same or any substantially equivalent job; if the employer has terminated the employment of any regular employee or otherwise caused an involuntary reduction in its workforce with the intention of filling the vacancy so created with the individual working in the transitional job; or if the employer has caused an involuntary reduction to less than full time in hours of any employee in the same or a substantially equivalent job. The Secretary may reserve not more than a total of 10 percent of the amounts made available under section 104 for— evaluations of transitional jobs program models implemented with grants awarded under this title; and other evaluations of grants and activities carried out under this title.
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- Pub. L. 111-148
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