Sec. 177. Reentry employment opportunities
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Subtitle D of title I of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3221 et seq. ) is amended— by redesignating section 172 as section 175; and by inserting after section 171 the following: The purposes of this section are— to improve the employment, earnings, and skill attainment, and reduce recidivism, of adults and youth who have been involved with the justice system; to prompt innovation and improvement in the reentry of offenders into the workforce so that successful initiatives can be established or continued, and replicated; and to further develop the evidence on how to improve employment, earnings, and skill attainment, and reduce recidivism, of offenders, through rigorous evaluations of specific services provided, including how they affect different populations and how they are best combined and sequenced, and disseminate such evidence to entities supporting the reentry of offenders is into the workforce.
From the amounts appropriated under section 175(e) and not reserved under subsection (h), the Secretary shall carry out a Reentry Employment Opportunities Program, through which the Secretary— except as provided in subparagraph (B), in order to implement reentry projects that serve eligible adults or eligible youth shall, on a competitive basis— make direct awards (through grants, contracts, or cooperative agreements) to eligible entities to implement such reentry projects; and in any year for which the Secretary makes awards under clause (i), make intermediary awards to eligible entities who are national or regional intermediaries, who shall use the award funds— to make direct awards to eligible entities to implement such reentry projects; or to implement such reentry projects; and in order to implement youth reentry employment opportunities projects, through that program, that serve eligible youth shall, on a competitive basis— make direct awards to youth project eligible entities to implement such youth reentry projects; and in any year for which the Secretary makes awards under clause (i), make intermediary awards to youth project eligible entities who are national or regional intermediaries, who shall use the award funds— to make direct awards to youth project eligible entities to implement such youth reentry projects; or to implement such youth reentry projects.
From the amounts appropriated under section 175(e) and not reserved under subsection (h), the Secretary— shall use not less than 20 percent of such amounts for awards under paragraph (1)(A) to eligible entities to serve as national or regional intermediaries to provide the award funds to other eligible entities— to implement reentry projects described in paragraph (1)(A); and to monitor and support such entities; shall use not less than 20 percent of such amounts for direct or intermediary awards under paragraph (1)(B) to— implement youth reentry projects described in paragraph (1)(B); and in cases in which the award recipients make direct awards to other youth reentry project eligible entities, monitor and support such entities; shall use 20 percent of such amounts, from the portion reserved to carry out paragraph (1)(A), to award funds to eligible entities using pay-for-performance contracts— that specify a fixed amount that will be paid to such an entity based on the achievement, within a defined timeframe, of proposed levels of performance described under subsection (e)(2)(A) on the indicators of performance described in subsection (e)(1)(A)(i); and which may provide for bonus payments to such entity to expand capacity to provide effective services; and shall ensure awards made under this section are made to eligible entities from geographically diverse areas, in addition to giving the priorities described in paragraph (5).
The Secretary shall make an award under this section for an initial period of not more than 4 years. The Secretary may make, for a period of not more than 4 years, 1 or more additional awards to an eligible entity that received an award under this section if the eligible entity achieved the levels of performance agreed upon with the Secretary (as described in subsection (e)(2)) for the most recent award period. 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 a reentry project— that will serve a high-poverty area; that will enroll eligible youth or eligible adults— prior to the release of such individuals from incarceration in a correctional institution; or not later than 90 days after such release; whose strategy and design are evidence-based; for which the eligible entity will establish a partnership with— a business; an institution of higher education or provider under section 122 (as determined by the State where services are being provided) to provide project participants with a program leading to a recognized postsecondary credential in an in-demand industry sector or occupation; a local educational agency; or an agency that receives assistance for a program under section 225; that provides training services, including employment-directed skills development and on-the-job training, that are designed to meet the specific requirements of an employer (including a group of employers), industry, or sector, and are conducted with a commitment by the employer to employ individuals upon successful completion of the preparation; and that will serve a rural area. An intermediary who receives funds under paragraph (1), to the extent that the intermediary uses the funds to make direct awards to eligible entities, shall carry out the functions of the Secretary described in paragraphs (3), (4), and
(5)of this subsection, and paragraphs (1),
(2)(other than paragraph (2)(J)), and
(4)of subsection (c). For purposes of this section, a reference to an eligible entity, used with respect to a youth reentry project carried out under paragraph (1)(B), shall be considered to be a reference to a youth project eligible entity. To be qualified to receive funds under this section, an eligible entity shall submit an application to the Secretary at such time, and in such manner, as is determined by the Secretary, and containing the information described in paragraph
(2)and, as applicable, paragraph
(3)or (4). An application submitted by an eligible entity under paragraph
(1)shall contain the following: A description of the eligible entity, including the experience of the eligible entity in providing education, employment, and training services for offenders. 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. A description of the proposed education, employment, and training services and supportive services, if applicable, to be provided under such reentry project, and how such activities will prepare participants for employment in an in-demand industry sector or occupation within the geographic area to be served by such reentry project. The anticipated schedule for carrying out the activities proposed for the reentry project. A description of— the partnerships the eligible entity will establish with agencies and entities within the criminal justice system, agencies and entities within the juvenile justice system, local boards, one-stop operators, one-stop partners, community-based organizations, and employers (including local businesses) to provide participants in the reentry project with work-based learning, job placement, and recruitment (if applicable); and how the eligible entity will coordinate its activities with other services and benefits available to offenders in the geographic area to be served by the reentry project. A description of the manner in which individuals will be recruited and selected for participation for the reentry project. 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. A description of the proposed levels of performance to be achieved with respect to the indicators of performance described in subsection (e). A description of the evidence-based practices the eligible entity will use in administration of the reentry project. An assurance that the eligible entity will collect, disaggregate by each subpopulation of individuals with barriers to employment, and by race, ethnicity, sex, and age, and report to the Secretary the data required with respect to the reentry project carried out by the eligible entity for purposes of determining levels of performance achieved and conducting the evaluation under this section. An assurance that the eligible entity will provide a match as described in subsection (d)(4). A description of how the eligible entity plans to continue the reentry project after the award period. For any project offering a recognized postsecondary credential, a description of how the project leads to the credential. For a project that also serves as a program carried out under section 225, a description of how the award funds will be used to carry out the education described in section 225, in conjunction with the activities described in subsection (d). An application submitted by an eligible entity seeking to serve as a national or regional intermediary as described in subparagraph
(A)or
(B)of subsection (b)(1) shall also contain each of the following: An identification and description of the eligible entities that will be subawardees of such intermediary and implement the reentry projects, which shall include subawardees in— 3 or more noncontiguous metropolitan areas or rural areas; and not fewer than 2 States. A description of the services and supports the intermediary will provide to the subawardees, including administrative and fiscal support to ensure the subawardees comply with all subaward requirements. A description of how the intermediary will facilitate the replication of evidence-based practices or other best practices identified by the intermediary across all subawardees. If such intermediary is currently receiving, or has previously received, funds under this section as an intermediary to implement a reentry project, an assurance that none of the subawardees identified under subparagraph
(A)are current or were previous subawardees of the intermediary for such reentry project and failed to meet the levels of performance established for such reentry project. An application submitted under paragraph
(1)by a youth project eligible entity seeking to serve youth applicants through an award described in subsection (b)(1)(B) shall also contain the following: A description of— how the youth reentry project will facilitate the enrollment of eligible youth in a program of a local educational agency, a program of adult education and literacy activities, a YouthBuild program, the Job Corps, or a program of an institution of higher education; how the youth reentry project will connect eligible youth with mentors or peer support groups to provide guidance, encouragement, and positive role modeling during the reentry process; how the youth reentry project will involve family members, guardians, and other supportive people in an eligible youth’s life in the reentry process; how the youth reentry project will provide or support access to counseling and substance use disorder programs for an eligible youth; how the youth reentry project will assist eligible youth to find safe and stable housing; how the youth reentry project will ensure activities carried out under an award described in subsection (b)(1)(B) are designed to meet the needs of the population served; and the experience of the eligible entity in providing services to youth, including eligible youth, and the strategies the eligible entity will use to ensure that services provided are age-appropriate for eligible youth. A description of how a youth project eligible entity plans to provide skills development, for stakeholders involved in an eligible youth’s reentry, on best practices pertaining to eligible youth and reentry. 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 each of the following: One or more of the individualized career services listed in subclauses
(I)through
(IX)of section 134(c)(2)(B)(vii). One or more of the training services listed in clauses
(i)through
(xi)in section 134(c)(3)(D), including subsidized employment opportunities through transitional jobs. For participants who are eligible youth, 1 or more of the program elements listed in subparagraphs
(A)through
(O)of section 129(c)(2). An eligible entity that receives funds under this section may use such funds to provide to eligible adults, eligible youth, or both, each of the following: Followup services after placement in unsubsidized employment as described in section 134(c)(2)(B)(viii). Apprenticeship programs. Education in digital literacy skills. Mentoring. Assistance in obtaining employment, including as a result of the eligible entity— establishing and developing relationships and networks with large and small employers; and coordinating with employers to develop employer-directed skills development programs and on-the-job training. Assistance with driver’s license reinstatement (including assistance with removing or expunging records as permitted under the applicable Federal or State law to facilitate that reinstatement) and fees for driver’s licenses and other necessary documents for employment and removing barriers to employment. Provision of or referral to evidence-based mental health treatment by licensed practitioners. Provision of or referral to substance use disorder 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. Provision of or referral to supportive services, provided that, notwithstanding section 181(h)(2), no more than 10 percent of funds awarded to an eligible entity under this section may be used to provide such services to participants who may be able to obtain such services through other programs providing such services. An eligible entity may not use more than 7 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). An eligible entity shall provide a match, which may be provided in cash or in-kind, for the costs of the project in an amount that is not less than 25 percent of the total amount of funds awarded to the entity under this section for the period involved, except that the Secretary may waive the matching requirement, on a case-by-case basis and for not more than 20 percent of all awards made under this section, if the eligible entity involved demonstrates significant financial hardship. The Secretary shall establish expected levels of performance for reentry projects funded under this section for— each of the primary indicators of performance— for adults, as described in section 116(b)(2)(A)(i), for eligible adults in reentry projects for eligible adults or reentry projects for both eligible adults and eligible youth; and for youth, as described in section 116(b)(2)(A)(ii), for eligible youth in reentry projects for eligible youth or reentry projects for both eligible adults and eligible youth; and an indicator of performance established by the Secretary with respect to participant recidivism. The levels established under subparagraph
(A)shall be updated for each 4-year-award period. In establishing and updating levels of performance 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, as the Secretary determines relevant for each indicator of performance applicable under paragraph (1), each of the following factors: The proposed levels of performance of each such eligible entity described in the application submitted under subsection (c)(2)(H). The 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. The characteristics of project participants when entering the project involved, including— criminal records; indicators of work history; work experience; educational or occupational skills attainment; levels of literacy or English proficiency; disability status; homelessness; and receipt of public assistance. In the case of an eligible entity that fails to meet the levels of performance established under paragraph
(1)and updated to reflect the actual local economic conditions and characteristics of participants (as described in subparagraphs
(B)and
(C)of paragraph (2)) served by 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. 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 each of the following requirements: 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: The effectiveness of such projects in assisting individuals with finding unsubsidized employment, and maintaining unsubsidized employment during the second quarter and fourth quarter after exit from the project. The effectiveness of such projects in assisting individuals with earning recognized postsecondary credentials. The effectiveness of such projects in relation to their cost, including the extent to which the projects improve reentry outcomes, including in employment, compensation (which may include wages earned and benefits), career advancement, measurable skills gains, and recognized postsecondary credentials earned, and including the extent to which the projects reduce recidivism of participants in comparison to comparably situated individuals who did not participate in such projects. The effectiveness of specific services and interventions provided and of the overall project design. If applicable, the extent to which such projects effectively serve various demographic groups, including people of different geographic locations, ages, races, national origins, and criminal records, and individuals with disabilities. If applicable, the appropriateness of the sequencing, combination, or concurrent structure, of services for each subpopulation of individuals who are participants in such projects, such as the order, combination, or concurrent structure of services in which transitional jobs and occupational skills development are provided, to ensure that such participants are prepared to fully benefit from education, employment, and training services provided under the project. Limitations or barriers to education and employment encountered by participants served by the projects as a result of occupational or educational licensing restrictions. Make available, on the publicly accessible website managed by the Department of Labor, data collected during the course of evaluation under this subsection, in an aggregated format that does not disclose personally identifiable information. An evaluation under this subsection— shall— be designed by the Secretary (acting through the Chief Evaluation Officer) in conjunction with the eligible entities carrying out the reentry projects being evaluated; include analysis of participant feedback and outcome and process measures; and use designs that employ the most rigorous analytical and statistical methods that are reasonably feasible, such as the use of control groups; and may not— collect personally identifiable information, except to the extent such information is necessary to conduct the evaluation; or reveal or share personally identifiable information. The Secretary (acting through the Chief Evaluation Officer) shall— in accordance with the timeline determined to be appropriate by the Chief Evaluation Officer, publish an interim report on such evaluation; not later than 90 days after the date on which any evaluation is completed under this subsection, publish and make publicly available the results of such evaluation; and not later than 60 days after the completion date described in subparagraph (B), submit to the Committee on Education and Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on such evaluation. Subject to paragraph (2), the Secretary shall post, using transparent, linked, open, and interoperable data formats, on the publicly accessible website described in subsection (f)(1)(B), an annual report, covering the most recent program preceding the report, on— the number of individuals who participated in projects assisted under this section during the program year; the percentage of such individuals who successfully completed the requirements of such projects; the performance of eligible entities on such projects as measured by the indicators of performance set forth in subsection (e); and an explanation of any waivers granted by the Secretary of the matching requirement under subsection (d)(4). The information provided under subparagraphs
(A)through
(C)of paragraph
(1)with respect to a program year shall be disaggregated by each project assisted under this section for such program year. Of the funds appropriated under section 175(e) for a fiscal year, the Secretary— may reserve not more than 5 percent for the administration of awards made under this section, of which not more than 2 percent of the appropriated funds may be reserved for the provision of— technical assistance to eligible entities that receive funds under this section; and outreach and technical assistance to eligible entities desiring to receive such funds, including assistance with application development and submission; and 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. In this section: The term award means an award of funds through a grant, contract, or cooperative agreement. The term Chief Evaluation Officer means the head of the independent evaluation office located in the Office of the Assistant Secretary for Policy of the Department of Labor. The term correctional institution has the meaning given the term in section 225(e). The term eligible entity means— a private nonprofit organization under section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code, including a community-based or faith-based organization; a local board; a State or local government; an Indian or Native American entity eligible for grants under section 166; a labor organization or joint labor-management organization; an industry or sector partnership; an institution of higher education; or a consortium of the entities described in subparagraphs
(A)through (G). The term eligible adult means an offender who is age 25 or older. The term eligible youth means an offender who is not younger than age 14 or older than age 24. The term high-poverty , when used with respect to a geographic area, means an area with a poverty rate of at least 20 percent as determined based on the most recently available data from the American Community Survey conducted by the Bureau of the Census. Notwithstanding section 3, the term offender means— an individual of any age who— not more than 5 years before enrollment in a project funded under subsection (b)(1)— was released from incarceration in a correctional institution (including being enrolled in a work release center at the institution); or finished serving an alternative sentence, or a sentence to a diversion program, ordered through the adult criminal justice system; or on such date of enrollment, is subject to the adult criminal justice system, including an individual who— is incarcerated in a correctional institution (including being enrolled in a work release center at the institution), but is scheduled to be released not more than 180 days after such date of enrollment; is residing in a residential reentry center; is subject to electronic or home-based monitoring; is in the community on probation or parole; or is serving an alternative sentence, or a sentence to a diversion program, ordered through that system; or an individual who— is not younger than age 14 or older than age 24; and has been— charged with, or convicted of, any criminal offense; or charged with, detained for, or adjudicated of, a delinquent act or status offense in a juvenile court. The term youth project eligible entity means— an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code; or a State or local juvenile justice agency, or a State or local adult correctional agency with a focus on eligible youth. .
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Sec. 177
Reentry employment opportunities
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