[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6655 Engrossed in House (EH)]
<DOC>
118th CONGRESS
2d Session
H. R. 6655
_______________________________________________________________________
AN ACT
To amend and reauthorize the Workforce Innovation and Opportunity Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``A Stronger
Workforce for America Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Effective date; transition authority.
TITLE I--WORKFORCE DEVELOPMENT ACTIVITIES
Subtitle A--General Provisions
Sec. 101. Definitions.
Sec. 102. Table of contents amendments.
Subtitle B--System Alignment
Chapter 1--State Provisions
Sec. 111. State workforce development board.
Sec. 112. Unified State plan.
Chapter 2--Local Provisions
Sec. 115. Workforce development areas.
Sec. 116. Local workforce development boards.
Sec. 117. Local plan.
Chapter 3--Performance Accountability
Sec. 119. Performance accountability system.
Subtitle C--Workforce Investment Activities and Providers
Chapter 1--Workforce Investment Activities and Providers
Sec. 121. Establishment of one-stop delivery systems.
Sec. 122. Identification of eligible providers and programs of training
services.
Chapter 2--Youth Workforce Investment Activities
Sec. 131. Reservations; Reallocation.
Sec. 132. Use of funds for youth workforce investment activities.
Chapter 3--Adult and Dislocated Worker Employment and Training
Activities
Sec. 141. State allotments.
Sec. 142. Reservations for State activities; within State allocations;
Reallocation.
Sec. 143. Use of funds for employment and training activities.
Chapter 4--Authorization of Appropriations
Sec. 145. Authorization of appropriations.
Subtitle D--Job Corps
Sec. 151. Purposes.
Sec. 152. Definitions.
Sec. 153. Individuals eligible for the Job Corps.
Sec. 154. Recruitment, screening, selection, and assignment of
enrollees.
Sec. 155. Job Corps Campuses.
Sec. 156. Program activities.
Sec. 157. Support.
Sec. 158. Operations.
Sec. 159. Standards of conduct.
Sec. 160. Community participation.
Sec. 161. Workforce councils.
Sec. 162. Advisory committees.
Sec. 163. Experimental projects and technical assistance.
Sec. 164. Special provisions.
Sec. 165. Management information.
Sec. 166. Job Corps oversight and reporting.
Sec. 167. Authorization of appropriations.
Subtitle E--National Programs
Sec. 171. Native American programs.
Sec. 172. Migrant and seasonal farmworker programs.
Sec. 173. Technical assistance.
Sec. 174. Evaluations and research.
Sec. 175. National dislocated worker grants.
Sec. 176. YouthBuild Program.
Sec. 178. Reentry employment opportunities.
Sec. 179. Strengthening community colleges grant program.
Sec. 180. Authorization of appropriations.
Subtitle F--Administration
Sec. 191. Requirements and restrictions.
Sec. 192. General waivers of statutory or regulatory requirements.
Sec. 193. State innovation demonstration authority.
TITLE II--ADULT EDUCATION AND LITERACY
Sec. 201. Purpose.
Sec. 202. Definitions.
Sec. 203. Authorization of appropriations.
Sec. 204. Special rule.
Sec. 205. Performance accountability system.
Sec. 206. Matching requirement.
Sec. 207. State leadership activities.
Sec. 208. Programs for corrections education and other
institutionalized individuals.
Sec. 209. Grants and contracts for eligible providers.
Sec. 210. Local application.
Sec. 211. Local administrative cost limits.
Sec. 212. National leadership activities.
Sec. 213. Integrated English literacy and civics education.
TITLE III--AMENDMENTS TO OTHER LAWS
Sec. 301. Amendments to the Wagner-Peyser Act.
Sec. 302. Job training grants.
Sec. 303. Access to National Directory of New Hires.
SEC. 2. EFFECTIVE DATE; TRANSITION AUTHORITY.
(a) Effective Date.--This Act, and the amendments made by this Act,
shall take effect on the first date of the first program year (as
determined under the Workforce Innovation and Opportunity Act (29
U.S.C. 3101 et seq.)) that begins after the date of enactment of this
Act.
(b) Transition Authority.--
(1) In general.--The Secretary of Labor and the Secretary
of Education shall have the authority to take such steps as are
necessary before the effective date of this Act to provide for
the orderly implementation on such date of the amendments to
the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et
seq.) made by this Act.
(2) Conforming amendments.--Section 503 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3343) is repealed
(and by striking the item relating to such section in the table
of contents of such Act).
TITLE I--WORKFORCE DEVELOPMENT ACTIVITIES
Subtitle A--General Provisions
SEC. 101. DEFINITIONS.
(a) Foundational Skill Needs.--Section 3(5) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102(5)) is amended to read
as follows:
``(5) Foundational skill needs.--The term `foundational
skill needs' means, with respect to an individual who is a
youth or adult, that the individual--
``(A) has English reading, writing, or computing
skills at or below the 8th-grade level on a generally
accepted standardized test; or
``(B) is unable to compute or solve problems, or
read, write, or speak English, or does not possess
digital literacy skills, at a level necessary to
function on the job, in the individual's family, or in
society.''.
(b) Employer-Directed Skills Development.--Section 3(14) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3102(14)) is
amended to read as follows:
``(14) Employer-directed skills development.--The term
`employer-directed skills development' means a program--
``(A) that is selected or designed to meet the
specific skill demands of an employer (including a
group of employers);
``(B) that is conducted pursuant to the terms and
conditions established under an employer-directed
skills agreement described in section 134(c)(3)(I),
including a commitment by the employer to employ an
individual upon successful completion of the program;
and
``(C) for which the employer pays a portion of the
cost of the program, as determined by the local board
involved, which shall not be less than--
``(i) 10 percent of the cost, in the case
of an employer with 50 or fewer employees;
``(ii) 25 percent of the cost, in the case
of an employer with more than 50, but fewer
than 100 employees; and
``(iii) 50 percent of the cost, in the case
of an employer with 100 or more employees.''.
(c) Dislocated Worker.--Section 3(15)(E)(ii) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102(15)(E)(ii)) is amended
by striking ``who meets the criteria described in paragraph (16)(B)''
and inserting ``who meets the criteria described in subparagraph (B) of
the definition of the term `displaced homemaker' in this section''.
(d) Displaced Homemaker.--Section 3(16) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3102(16)) is amended, in the matter
preceding subparagraph (A), by striking ``family members'' and
inserting ``a family member''.
(e) Eligible Youth.--Section 3(18) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102(18)) is amended by striking ``out-of-
school'' and inserting ``opportunity''.
(f) English Learner.--Section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102) is further amended--
(1) in paragraph (21)--
(A) in the heading, by striking ``language''; and
(B) by striking ``language''; and
(2) in paragraph (24)(I), by striking ``language''.
(g) Justice-Involved Individual.--Section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102) is further amended--
(1) in paragraph (24), by amending subparagraph (F) to read
as follows:
``(F) Justice-involved individuals.''; and
(2) in paragraph (38)--
(A) in the heading, by striking ``Offender'' and
inserting ``Justice-involved individual''; and
(B) in the matter preceding subparagraph (A), by
striking ``offender'' and inserting ``justice-involved
individual''.
(h) Opportunity Youth.--Section 3(46) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3102(46)) is amended--
(1) in the heading, by striking ``Out-of-school'' and
inserting ``Opportunity''; and
(2) by striking ``out-of-school'' and inserting
``opportunity''.
(i) Pay-for-Performance Contract Strategy.--Section 3(47) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3102(47)) is
amended to read as follows:
``(47) Pay-for-performance contract strategy.--The term
`pay-for-performance contract strategy' means a specific type
of performance-based acquisition that uses pay-for-performance
contracts in the provision of services described in paragraph
(2) or (3) of section 134(c) or activities described in section
129(c)(2), and includes--
``(A) contracts, each of which--
``(i) shall specify a fixed amount that
will be paid to an eligible service provider
(which may include a local or national
community-based organization or intermediary,
community college, or other provider) based on
the achievement of specified levels of
performance on the primary indicators of
performance described in section 116(b)(2)(A)
for target populations as identified by the
local board (including individuals with
barriers to employment), within a defined
timetable;
``(ii) may not be required by the Secretary
to be informed by a feasibility study; and
``(iii) may provide for bonus payments to
such service provider to expand capacity to
provide effective services and training;
``(B) a strategy for validating the achievement of
the performance described in subparagraph (A); and
``(C) a description of how the State or local area
will reallocate funds not paid to a provider because
the achievement of the performance described in
subparagraph (A) did not occur, for further activities
related to such a procurement strategy, subject to
section 189(g)(4).''.
(j) Rapid Response Activity.--Section 3(51) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102(51)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``, through a rapid response unit'' after ``designated by a
State'';
(2) in subparagraph (B), by inserting before the semicolon
at the end the following: ``, including individual training
accounts for eligible dislocated workers under section 414(c)
of the American Competitiveness and Workforce Improvement Act
of 1998 (29 U.S.C. 3224a)'';
(3) in subparagraph (D), by striking ``and'' at the end;
(4) by redesignating subparagraph (E) as subparagraph (F);
(5) by inserting after subparagraph (D) the following new
subparagraph:
``(E) assistance in identifying employees eligible
for assistance, including workers who work a majority
of their time off-site or remotely;'';
(6) in subparagraph (F), as so redesignated, by striking
the period at the end and inserting ``; and''; and
(7) by adding at the end the following:
``(G) business engagement or layoff aversion
strategies and other activities designed to prevent or
minimize the duration of unemployment, such as--
``(i) connecting employers to short-term
compensation or other programs designed to
prevent layoffs;
``(ii) conducting employee skill assessment
and matching programs to different occupations;
``(iii) establishing incumbent worker
training or other upskilling approaches,
including incumbent worker upskilling accounts
described in section 134(d)(4)(E);
``(iv) facilitating business support
activities, such as connecting employers to
programs that offer access to credit, financial
support, and business consulting; and
``(v) partnering or contracting with
business-focused organizations to assess risks
to companies, and to propose, implement, and
measure the impact of strategies and services
to address such risks.''.
(k) Vocational Rehabilitation Program.--Section 3(64) of the
Workforce Innovation and Opportunity Act (20 U.S.C. 3102(64)) is
amended by striking ``under a provision covered under paragraph
(13)(D)'' and inserting ``under a provision covered under subparagraph
(D) of the definition of the term `core program provision' under this
section''.
(l) New Definitions.--Section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102) is further amended--
(1) by adding at the end the following:
``(72) Co-enrollment.--The term `co-enrollment' means
simultaneous enrollment in more than one of the programs or
activities carried out by a one-stop partner in section
121(b)(1)(B).
``(73) Digital literacy skills.--The term `digital literacy
skills' has the meaning given the term in section 203.
``(74) Evidence-based.--The term `evidence-based', when
used with respect to an activity, service, strategy, or
intervention, means an activity, service, strategy, or
intervention that--
``(A) demonstrates a statistically significant
effect on improving participant outcomes or other
relevant outcomes based on--
``(i) strong evidence from at least 1 well-
designed and well-implemented experimental
study;
``(ii) moderate evidence from at least 1
well-designed and well-implemented quasi-
experimental study; or
``(iii) promising evidence from at least 1
well-designed and well-implemented
correlational study with statistical controls
for selection bias; or
``(B)(i) demonstrates a rationale based on high-
quality research findings or positive evaluation that
such activity, strategy, or intervention is likely to
improve student outcomes or other relevant outcomes;
and
``(ii) includes ongoing efforts to examine the
effects of such activity, service, strategy, or
intervention.
``(75) Labor organization.--The term `labor organization'
has the meaning given the term in section 2(5) of the National
Labor Relations Act (29 U.S.C. 152(5)).
``(76) Work-based learning.--The term `work-based learning'
has the meaning given the term in section 3 of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2302).''; and
(2) by reordering paragraphs (1) through (71), as amended
by this section, and the paragraphs added by paragraph (1) of
this subsection in alphabetical order, and renumbering such
paragraphs as so reordered.
SEC. 102. TABLE OF CONTENTS AMENDMENTS.
The table of contents in section 1(b) of the Workforce Innovation
and Opportunity Act is amended--
(1) by redesignating the item relating to section 172 as
section 174;
(2) by inserting after the item relating to section 171,
the following:
``Sec. 172. Reentry employment opportunities.
``Sec. 173. Strengthening community colleges workforce development
grants program.''; and
(3) by striking the item relating to section 190 and
inserting the following:
``Sec. 190. State innovation demonstration authority.''.
Subtitle B--System Alignment
CHAPTER 1--STATE PROVISIONS
SEC. 111. STATE WORKFORCE DEVELOPMENT BOARD.
Section 101(b)(1)(C)(ii)(IV) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3112(b)(1)(C)(ii)(IV)) is amended by
striking ``out-of-school youth'' and inserting ``opportunity youth''.
SEC. 112. UNIFIED STATE PLAN.
Section 102 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3112) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (C)
through (E) as subparagraphs (D) through (F),
respectively;
(ii) by inserting the following after
subparagraph (B):
``(C) a description of--
``(i) how the State will use real-time
labor market information to continually assess
the economic conditions and workforce trends
described in subparagraphs (A) and (B); and
``(ii) how the State will communicate
changes in such conditions or trends to the
workforce system in the State;'';
(iii) in subparagraph (D), as so
redesignated, by inserting ``the extent to
which such activities are evidence-based,''
after ``of such activities,'';
(iv) in subparagraph (E), as so
redesignated, by striking ``and'' at the end;
(v) in subparagraph (F), as so
redesignated, by striking the period at the end
and inserting a semicolon; and
(vi) by adding at the end the following:
``(G) a description of any activities the State is
conducting to expand economic opportunity for
individuals and reduce barriers to labor market entry
by--
``(i) developing, in cooperation with
employers, education and training providers,
and other stakeholders, statewide skills-based
initiatives that promote the use of
demonstrated skills and competencies as an
alternative to the exclusive use of degree
attainment as a requirement for employment or
advancement in a career; and
``(ii) evaluating the existing occupational
licensing policies in the State and identifying
potential changes to recommend to the
appropriate State entity to--
``(I) remove or streamline
licensing requirements, as appropriate;
and
``(II) improve the reciprocity of
licensing, including through
participating in interstate licensing
compacts; and
``(H) an analysis of the opportunity youth
population in the State, including the estimated number
of opportunity youth and any gaps in services provided
to such population by other existing workforce
development activities, as identified under
subparagraph (D).''; and
(B) in paragraph (2)--
(i) in subparagraph (B), by striking
``including a description'' and inserting
``which may include a description'';
(ii) in subparagraph (C)--
(I) in clause (ii)(I), by inserting
``utilizing a continuous quality
improvement approach,'' after ``year,''
(II) in clause (vi), by inserting
``and'' at the end;
(III) in clause (vii), by striking
``; and'' and inserting a period; and
(IV) by striking clause (viii);
(iii) in subparagraph (D)(i)(II), by
striking ``any''; and
(iv) in subparagraph (E)--
(I) in clause (viii)(II), by
inserting ``and'' at the end;
(II) in clause (ix), by striking
``; and'' at the end and inserting a
period; and
(III) by striking clause (x); and
(2) in subsection (c)(3)--
(A) in subparagraph (A), by striking ``shall'' the
second place it appears and inserting ``may''; and
(B) in subparagraph (B)--
(i) by striking ``required''; and
(ii) by inserting ``, except that
communicating changes in economic conditions
and workforce trends to the workforce system in
the State as described in subsection (b)(1)(C)
shall not be considered modifications subject
to approval under this paragraph'' before the
period at the end.
CHAPTER 2--LOCAL PROVISIONS
SEC. 115. WORKFORCE DEVELOPMENT AREAS.
(a) Regions.--Section 106(a) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3121(a)) is amended by adding at the end the
following:
``(3) Review.--Before the second full program year after
the date of enactment of the A Stronger Workforce for America
Act, in order for a State to receive an allotment under section
127(b) or 132(b) and as part of the process for developing the
State plan, a State shall--
``(A) review each region in the State identified
under this subsection (as such subsection was in effect
on the day before the date of enactment of the A
Stronger Workforce for America Act); and
``(B) after consultation with the local boards and
chief elected officials in the local areas and
consistent with the considerations described in
subsection (b)(1)(B)--
``(i) revise such region and any other
region impacted by such revision; or
``(ii) make a determination to maintain
such region with no revision.''.
(b) Local Areas.--Section 106(b) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3121(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``and
consistent with paragraphs (2) and (3),''; and
(B) in subparagraph (B), by striking ``(except for
those local areas described in paragraphs (2) and
(3))''; and
(2) by striking paragraphs (2) through (7), and inserting
the following:
``(2) Continuation period.--Subject to paragraph (5), in
order to receive an allotment under section 127(b) or 132(b),
the Governor shall maintain the designations of local areas in
the State under this subsection (as in effect on the day before
the date of enactment of the A Stronger Workforce for America
Act) until the end of the third full program year after the
date of enactment of the A Stronger Workforce for America Act.
``(3) Initial alignment review.--
``(A) In general.--Prior to the third full program
year after the date of enactment of the A Stronger
Workforce for America Act, the Governor shall--
``(i) review the designations of local
areas in the State (as in effect on the day
before the date of enactment of the A Stronger
Workforce for America Act); and
``(ii) based on the considerations
described in paragraph (1)(B), issue proposed
redesignations of local areas in the State
through the process described in paragraph
(1)(A), which shall--
``(I) include an explanation of the
strategic goals and objectives that the
State intends to achieve through such
redesignations; and
``(II) be subject to the approval
of the local boards in the State in
accordance with the process described
in subparagraph (C).
``(B) Designation of local areas.--A redesignation
of local areas in a State that is approved by a
majority of the local boards in the State through the
process described in subparagraph (C) shall take effect
on the first day of the 4th full program year after the
date of enactment of the A Stronger Workforce for
America Act.
``(C) Process to reach majority approval.--To
approve a designation of local areas in the State, the
local boards in the State shall comply with the
following:
``(i) Initial vote.--Not later than 60 days
after the Governor issues proposed
redesignations under subparagraph (A), the
chairperson of each local board shall review
the proposed redesignations and submit a vote
on behalf of such local board to the Governor
either approving or rejecting the proposed
redesignations.
``(ii) Results of initial vote.--If a
majority of the local boards in the State vote
under clause (i)--
``(I) to approve such proposed
redesignations, such redesignations
shall take effect in accordance with
subparagraph (B); or
``(II) to disapprove such proposed
redesignations, the chairpersons of the
local boards in the State shall comply
with the requirements of clause (iii).
``(iii) Alternate redesignations.--In the
case of the disapproval described in clause
(ii)(II), not later than 60 days after initial
votes were submitted under clause (i), the
chairpersons of the local boards in the State
shall--
``(I) select 2 alternate
redesignations of local areas--
``(aa) one of which aligns
with the regional economic
development areas in the State;
and
``(bb) one of which aligns
with the regions described in
subparagraph (A) or (B) of
subsection (a)(2); and
``(II) conduct a vote to approve,
by majority vote, 1 of the 2 alternate
redesignations described in subclause
(I).
``(iv) Effective date of alternate
designations.--The alternate redesignations
approved pursuant to clause (iii)(II) shall
take effect in accordance with subparagraph
(B).
``(4) Subsequent alignment reviews.--On the date that is
the first day of the 12th full program year after the date of
enactment of the A Stronger Workforce for America Act, and
every 8 years thereafter, the Governor shall review the
designation of local areas based on the considerations
described in paragraph (1)(B) and conduct a process in
accordance with paragraph (3).
``(5) Interim revisions.--
``(A) Automatic approval of certain redesignation
requests.--
``(i) In general.--At any time, and
notwithstanding the requirements of paragraphs
(2), (3), and (4), the Governor, upon receipt
of a request for a redesignation of a local
area described in clause (ii), shall approve
such request.
``(ii) Requests.--The following requests
shall be approved pursuant to clause (i) upon
request:
``(I) A request from multiple local
areas to be redesignated as a single
local area.
``(II) A request from multiple
local areas for a revision to the
designations of such local areas, which
would not impact the designations of
local areas that have not made such
request.
``(III) A request for designation
as a local area from an area described
in section 107(c)(1)(C).
``(B) Other redesignations.--Other than the
redesignations described in subparagraph (A), the
Governor may only redesignate a local area outside of
the process described in paragraphs (3) and (4), if the
local area that will be subject to such redesignation
has not--
``(i) performed successfully;
``(ii) sustained fiscal integrity; or
``(iii) in the case of a local area in a
planning region, met the requirements described
in subsection (c)(1).
``(C) Effective date.--Any redesignation of a local
area approved by the Governor under subparagraph (A) or
(B) shall take effect on the first date of the first
full program year after such date of approval.
``(6) Appeals.--
``(A) In general.--The local board of a local area
that is subject to a redesignation of such local area
under paragraph (3), (4), or (5) may submit an appeal
to maintain its existing designation to the State board
under an appeal process established in the State plan
as specified in section 102(b)(2)(D)(i)(III).
``(B) State board requirements.--The State board
shall only grant an appeal to maintain an existing
designation of a local area described in subparagraph
(A) if the local area can demonstrate that the process
for redesignation of such local area under paragraph
(3), (4), or (5), as applicable, has not been followed.
``(C) Secretarial requirements.--If a request to
maintain an existing designation as a local area is not
granted as a result of such appeal, the Secretary,
after receiving a request for review from such local
area and determining that the local area was not
accorded procedural rights under the appeals process
referred to in subparagraph (A), shall--
``(i) review the process for the
redesignation of the local area under paragraph
(3), (4), or (5), as applicable; and
``(ii) upon determining that the applicable
process has not been followed, require that the
local area's existing designation be
maintained.
``(7) Redesignation incentive.--The State may provide
funding from funds made available under sections 128(a)(1) and
133(a)(1) to provide payments to incentivize--
``(A) groups of local areas to request to be
redesignated as a single local area under paragraph
(5)(A); or
``(B) multiple local boards in a planning region to
develop an agreement to operate as a regional
consortium under subsection (c)(3).''.
(c) Regional Coordination.--Section 106(c) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3121(c)) is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (F) through (H)
as subparagraphs (G) through (I), respectively; and
(B) by inserting the following after subparagraph
(E):
``(F) the establishment of cost arrangements for
services described in subsections (c) and (d) of
section 134, including the pooling of funds for such
services, as appropriate, for the region;'';
(2) in paragraph (2), by inserting ``, including to assist
with establishing administrative costs arrangements or cost
arrangements for services under subparagraphs (F) and (G) of
such paragraph'' after ``delivery efforts'';
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2), as so amended, the
following:
``(3) Regional consortiums.--
``(A) In general.--The local boards and chief
elected officials in any planning region described in
subparagraph (B) or (C) of subsection (a)(2) may
develop an agreement to receive funding under section
128(b) and section 133(b) as a single consortium for
the planning region.
``(B) Fiscal agent.--If the local boards and chief
elected officials develop such an agreement--
``(i) one of the chief elected officials in
the planning region shall be responsible for
designating the fiscal agent for the
consortium;
``(ii) the local boards shall develop a
memorandum of understanding to jointly
administer the activities for the consortium;
and
``(iii) the required activities for local
areas under this Act, (including the required
functions of the local boards described in
section 107(d)) shall apply to such a
consortium as a whole and may not be applied
separately or differently to the local areas or
local boards within such consortium.''.
(d) Single State Local Areas.--Section 106(d) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3121(d)) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1), the following:
``(2) New designation.--
``(A) In general.--Consistent with the process
described in subsection (b)(1)(A) and during a review
of designations described in paragraph (3) or (4) of
subsection (b), the Governor may propose to designate a
State as a single State local area for the purposes of
this title.
``(B) Process for approval.--If the Governor
proposes a single State local area, the chairpersons of
the existing local boards shall vote to approve or
reject such designation through the process described
in subsection (b)(3)(C).
``(C) Designation as a single state local area.--If
the majority of the chairpersons of the local boards in
the State vote to approve such proposed designation,
the State shall be designated as a single State local
area and the Governor shall identify the State as a
local area in the State plan.''.
(e) Definition of ``Performed Successfully''.--Section 106(e)(1) of
the Workforce Innovation and Opportunity Act (29 U.S.C. 3121(e)) is
amended by striking ``adjusted levels of performance'' and inserting
``adjusted levels of performance described in section 116(g)(1)''.
SEC. 116. LOCAL WORKFORCE DEVELOPMENT BOARDS.
(a) Membership.--Section 107(b)(2)(B)(iv) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3122(b)(2)(B)(iv)) is amended
by striking ``out-of-school youth'' and inserting ``opportunity
youth''.
(b) Functions of Local Board.--Section 107(d) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3122(d)) is amended--
(1) in paragraph (3), by inserting ``, including, to the
extent practicable, local representatives of the core programs
and the programs described in section 121(b)(1)(B),'' after
``system stakeholders'';
(2) in paragraph (4)(D)--
(A) by striking ``proven'' and inserting
``evidence-based'';
(B) by inserting ``individual'' after ``needs of'';
and
(C) by inserting ``from a variety of industries and
occupations'' after ``and employers'';
(3) in paragraph (5), by inserting ``and which, to the
extent practicable, shall be aligned with career and technical
education programs of study (as defined in section 3 of the
Carl D. Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2302(3)) offered within the local area'' before the
period at the end;
(4) in paragraph (6)--
(A) in the heading, by striking ``Proven'' and
inserting ``Evidence-based'';
(B) in subparagraph (A)--
(i) by striking ``proven'' and inserting
``evidence-based'';
(ii) by inserting ``and covered veterans
(as defined in section 4212(a)(3)(A) of title
38, United States Code)'' after ``employment'';
(iii) by inserting ``, and give priority to
covered persons in accordance with section 4215
of title 38, United States Code'' after
``delivery system''; and
(C) in subparagraph (B), by striking ``proven'' and
inserting ``evidence-based'';
(5) in paragraph (10)(C)--
(A) by inserting ``, on the State eligible training
provider list,'' after ``identify''; and
(B) by inserting ``that operate in or are
accessible to individuals'' after ``training
services''; and
(6) in paragraph (12)(A), by striking ``activities'' and
inserting ``funds allocated to the local area under section
128(b) and section 133(b) for the youth workforce development
activities described in section 129 and local employment and
training activities described in section 134(b), and the
activities''.
SEC. 117. LOCAL PLAN.
Section 108 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3123) is amended--
(1) in subsection (a), by striking ``shall prepare'' and
inserting ``may prepare''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (D),
(E), and (F) as subparagraphs (E), (F), and
(H), respectively;
(ii) by inserting the following after
subparagraph (C):
``(D) a description of--
``(i) how the local area will use real-time
labor market information to continually assess
the economic conditions and workforce trends
described in subparagraphs (A), (B), and (C);
and
``(ii) how changes in such conditions or
trends will be communicated to jobseekers,
education and training providers, and employers
in the local area;'';
(iii) in subparagraph (F), as so
redesignated, by striking ``and'' at the end;
and
(iv) by inserting after subparagraph (F),
as so redesignated, the following:
``(G) an analysis of the opportunity youth
population in the local area, including the estimated
number of such youth and any gaps in services for such
population from other existing workforce development
activities, as identified under paragraph (9), and a
description of how the local board will address any
such gaps in services identified in such analysis;
and'';
(B) in paragraph (4)--
(i) in subparagraph (A)--
(I) by striking ``and'' at the end
of clause (iii); and
(II) by adding at the end the
following:
``(v) carry out any statewide skills-based
initiatives identified in the State plan that
promote the use of demonstrated skills and
competencies as an alternative to the exclusive
use of degree attainment as a requirement for
employment or advancement in a career; and'';
and
(ii) in subparagraph (B), by striking
``customized training'' and inserting
``employer-directed skills development'';
(C) in paragraph (6)(B), by inserting ``, such as
the use of affiliated sites'' after ``means'';
(D) in paragraph (9)--
(i) by striking ``including activities''
and inserting the following: ``including--
``(A) the availability of community based
organizations that serve youth primarily during
nonschool time hours to carry out activities under
section 129; and
``(B) activities''; and
(ii) by inserting ``or evidence-based''
after ``successful''; and
(E) in paragraph (12), by inserting ``including as
described in section 134(c)(2),'' after ``system,''.
CHAPTER 3--PERFORMANCE ACCOUNTABILITY
SEC. 119. PERFORMANCE ACCOUNTABILITY SYSTEM.
(a) State Performance Accountability Measures.--
(1) Primary indicators of performance.--Section
116(b)(2)(A) of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3141(b)(2)(A)) is amended--
(A) in clause (i)--
(i) in subclause (II)--
(I) by striking ``fourth'' and
inserting ``second''; and
(II) by inserting ``and remain in
unsubsidized employment during the
fourth quarter after exit from the
program'' after ``the program'';
(ii) in subclause (V)--
(I) by striking ``, during a
program year,'';
(II) by striking ``are in'' and
inserting ``enter into''; and
(III) by inserting before the
semicolon at the end the following:
``within 6 months after the quarter in
which the participant enters into the
education and training program''; and
(iii) by amending subclause (VI) to read as
follows:
``(VI) of the program participants
who received training services and who
exited the program during a program
year, the percentage of such program
participants who completed, prior to
such exit, on-the-job training,
employer-directed skills development,
incumbent worker training, or an
apprenticeship.'';
(B) in clause (ii)--
(i) in subclause (II)--
(I) by striking ``fourth'' and
inserting ``second'';
(II) by inserting ``, and who
remain in such activities or
unsubsidized employment during the
fourth quarter after exit from the
program'' after ``the program''; and
(III) by striking ``and'' at the
end;
(ii) in subclause (III)--
(I) by striking ``(VI)'' and
inserting ``(V)''; and
(II) by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(IV) of the program participants
who exited a program during a program
year, the percentage of such program
participants who completed, prior to
such exit, paid or unpaid work
experiences as described in section
129(c)(2)(C).''; and
(C) by striking clause (iv).
(2) Levels of performance.--Section 116(b)(3)(A) of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3141(b)(3)(A)) is amended--
(A) by amending clause (iii) to read as follows:
``(iii) Identification in state plan.--
``(I) Secretaries.--For each State
submitting a State plan, the
Secretaries of Labor and Education
shall, not later than December 1 of the
year prior to the year in which such
State plan is submitted, for the first
2 program years covered by the State
plan, and not later than December 1 of
the year prior to the third program
year covered by the State plan, for the
third and fourth program years covered
by the State plan--
``(aa) propose to the State
expected levels of performance
for each of the corresponding
primary indicators of
performance for each of the
programs described in clause
(ii) for such State, which
shall--
``(AA) be
consistent with the
factors listed in
clause (v); and
``(BB) be proposed
in a manner that
ensures sufficient time
is provided for the
State to evaluate and
respond to such
proposals; and
``(bb) publish, on a public
website of the Department of
Labor, the statistical model
developed under clause (viii)
and the methodology used to
develop each such expected
level of performance.
``(II) States.--Each State shall--
``(aa) evaluate each of the
expected levels of performance
proposed under subclause (I)
with respect to such State;
``(bb) based on such
evaluation of each such
expected level of performance--
``(AA) accept the
expected level of
performance as so
proposed; or
``(BB) provide a
counterproposal for
such proposed expected
level of performance,
including an analysis
of how the
counterproposal
addresses factors or
circumstances unique to
the State that may not
have been accounted for
in the expected level
of performance; and
``(cc) include in the State
plan, with respect to each of
the corresponding primary
indicators of performance for
each of the programs described
in clause (ii) for such State--
``(AA) the expected
level of performance
proposed under
subclause (I);
``(BB) the
counterproposal for
such proposed level, if
any; and
``(CC) the expected
level of performance
that is agreed to under
clause (iv).''; and
(B) in clause (v)(II)--
(i) in the matter preceding item (aa), by
striking ``based on'' and inserting ``based on
each of the following considerations that are
found to be predictive of performance on an
indicator for a program''; and
(ii) in item (bb), by striking ``ex-
offender status'' and inserting ``justice-
involved individual status, foster care status,
school status, education level, highest grade
level completed, low-income status''.
(b) Performance Reports.--Section 116(d) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3141(d)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--
``(A) Template for performance reports.--Not later
than 12 months after the date of enactment of the A
Stronger Workforce for America Act, the Secretary of
Labor, in conjunction with the Secretary of Education,
shall develop, or review and modify, as appropriate, to
comply with the requirements of this subsection, the
template for performance reports that shall be used by
States (including by States on behalf of eligible
providers of training services under section 122) and
local boards to produce a report on outcomes achieved
by the core programs. In developing, or reviewing and
modifying, such templates, the Secretary of Labor, in
conjunction with the Secretary of Education, shall take
into account the need to maximize the value of the
templates for workers, jobseekers, employers, local
elected officials, State officials, Federal
policymakers, and other key stakeholders.
``(B) Standardized reporting.--In developing, or
reviewing and modifying, the template under
subparagraph (A), the Secretary of Labor, in
conjunction with the Secretary of Education, shall
ensure that performance reports produced by States and
local areas for core programs and eligible training
providers collect and report, in a comparable and
uniform format, common data elements, which use terms
that are assigned identical meanings across all such
reports.
``(C) Additional reporting.--The Secretary of
Labor, in conjunction with the Secretary of Education--
``(i) in addition to the common data
elements described under subparagraph (B), may
require a core program to provide additional
information as necessary for effective
reporting; and
``(ii) shall periodically review any
requirement for additional information to
ensure the requirement is necessary and does
not impose an undue reporting burden.''.
(2) in paragraph (2)--
(A) by redesignating subparagraphs (J) through (L)
as subparagraphs (K) through (M), respectively and
inserting after subparagraph (I) the following:
``(J) the median earnings gain of participants who
received training services, calculated as the
difference between--
``(i) median participant earnings in
unsubsidized employment during the second
quarter after program exit; and
``(ii) median participant earnings in the
second quarter prior to entering the
program;''.
(B) in subparagraph (L), as so redesignated, by
striking clause (ii); and
(C) by striking ``strategies for programs'' and all
that follows through ``the performance'', and inserting
``strategies for programs, the performance'';
(3) in paragraph (3)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) by redesignating subparagraph (C) as
subparagraph (E); and
(C) by inserting after subparagraph (B) the
following:
``(C) the percentage of a local area's allocation
under section 133(b) that the local area spent on
services paid for through an individual training
account described in section 134(c)(3)(F)(iii) or a
training contract described in section
134(c)(3)(G)(ii);
``(D) the percentage of a local area's allocation
under section 133(b) that the local area spent on
supportive services; and'';
(4) by amending paragraph (4) to read as follows:
``(4) Contents of eligible training providers performance
report.--
``(A) In general.--The State shall use the
information submitted by the eligible providers of
training services under section 122 and administrative
records, including quarterly wage records, of the
participants of the programs offered by the providers
to produce a performance report on the eligible
providers of training services in the State, which
shall include, subject to paragraph (6)(C)--
``(i) with respect to each program of study
(or the equivalent) of such a provider--
``(I) information specifying the
levels of performance achieved with
respect to the primary indicators of
performance described in subclauses (I)
through (IV) of subsection (b)(2)(A)(i)
with respect to all individuals
engaging in the program of study (or
the equivalent); and
``(II) the total number of
individuals exiting from the program of
study (or the equivalent); and
``(ii) with respect to all such providers--
``(I) the total number of
participants who received training
services through each adult and
dislocated worker program authorized
under chapter 3 of subtitle B,
disaggregated by the type of entity
that provided the training, during the
most recent program year and the 3
preceding program years;
``(II) the total number of
participants who exited from training
services, disaggregated by the type of
entity that provided the training,
during the most recent program year and
the 3 preceding program years;
``(III) the average cost per
participant for the participants who
received training services,
disaggregated by the type of entity
that provided the training, during the
most recent program year and the 3
preceding program years; and
``(IV) the number of individuals
with barriers to employment served by
each adult and dislocated worker
program authorized under chapter 3 of
subtitle B, disaggregated by each
subpopulation of such individuals, and
by race, ethnicity, sex, and age.
``(iii) with respect to each recognized
postsecondary credential on the list of
credentials awarded by eligible providers in
the State described in section 122(d)(2)--
``(I) information specifying the
levels of performance achieved with
respect to the primary indicators of
performance described in subclauses (I)
through (IV) of subsection (b)(2)(A)(i)
for all participants in the State
receiving such credential; and
``(II) information specifying the
levels of performance achieved with
respect to the primary indicators of
performance described in subclauses (I)
through (IV) of subsection (b)(2)(A)(i)
for participants in the State receiving
such credential with respect to
individuals with barriers to
employment, disaggregated by each
subpopulation of such individuals, and
by race, ethnicity, sex, and age.'';
and
(5) in paragraph (6)--
(A) by amending subparagraph (A) to read as
follows:
``(A) State performance reports.--The Secretary of
Labor and the Secretary of Education shall annually
make available the performance reports for States
containing the information described in paragraph (2),
which shall include making such reports available--
``(i) digitally using transparent, linked,
open, and interoperable data formats that are
human readable and machine actionable such that
the data from these reports--
``(I) are easily understandable;
and
``(II) can be easily included in
web-based tools and services supporting
search, discovery, comparison,
analysis, navigation, and guidance; and
``(ii) in a printable format.''; and
(B) in subparagraph (B)--
(i) by striking ``(including by electronic
means), in an easily understandable format,'';
and
(ii) by adding at the end the following:
``The Secretary of Labor and the Secretary of
Education shall include, on the website where
the State performance reports required under
subparagraph (A) are made available, a link to
local area performance reports and the eligible
training provider report for each State. Such
reports shall be made available in each of the
formats described in subparagraph (A).''.
(c) Evaluation of State Programs.--Section 116(e) of the Workforce
Innovation and Opportunity Act(29 U.S.C. 3141(e)) is amended--
(1) in paragraph (1)--
(A) by striking ``shall conduct ongoing'' and
inserting ``shall use data to conduct analyses and
ongoing''; and
(B) by striking ``conduct the'' and inserting
``conduct such analyses and''; and
(2) in paragraph (2), by adding ``A State may use other
forms of analysis, such as machine learning or other advanced
analytics, to improve program operations and outcomes and to
identify areas for further evaluation.'' at the end.
(d) Sanctions for State Failure To Meet State Performance
Accountability Measures.--Section 116(f) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3141(f)) is amended to read as follows:
``(f) Sanctions for State Failure To Meet State Performance
Accountability Measures.--
``(1) Targeted support and assistance.--
``(A) In general.--If a State fails to meet 80
percent of the State adjusted level of performance for
an indicator described in subsection (b)(2)(A) for a
program for any program year, the Secretary of Labor
and the Secretary of Education shall provide technical
assistance.
``(B) Sanctions.--
``(i) In general.--If the State fails in
the manner described in subclause (I) or (II)
of clause (ii) with respect to a program year,
the percentage of each amount that would (in
the absence of this subparagraph) be reserved
by the Governor under section 128(a)(1) for the
immediately succeeding program year shall be
reduced by 5 percentage points until such date
as the Secretary of Labor or the Secretary of
Education, as appropriate, determines that the
State meets the State adjusted level of
performance, in the case of a failure described
in clause (ii)(I), or has submitted the reports
for the appropriate program years, in the case
of a failure described in clause (ii)(II).
``(ii) Failures.--A State shall be subject
to clause (i)--
``(I) if (except in the case of
exceptional circumstances as determined
by the Secretary of Labor or the
Secretary of Education, as
appropriate), such State fails to
submit a report under subsection (d)
for any program year; or
``(II) for a failure under
subparagraph (A) that continues for a
second consecutive year.
``(2) Comprehensive support and assistance.--
``(A) In general.--If a State fails to meet an
average of 90 percent of the State adjusted levels of
performance for a program across all performance
indicators for any program year, or if a State fails to
meet an average of 90 percent of the State adjusted
levels of performance for a single performance
indicator across all programs for any program year, the
Secretary of Labor and the Secretary of Education shall
provide technical assistance, as described and
authorized under section 168(b), including assistance
in the development of a comprehensive performance
improvement plan.
``(B) Second consecutive year failure.--If such
failure under subparagraph (A) continues for a second
consecutive year, the percentage of each amount that
would (in the absence of this subsection) be reserved
by the Governor under section 128(a)(1) for the
immediately succeeding program year shall be reduced by
10 percentage points until such date as the Secretary
of Labor or the Secretary of Education, as appropriate,
determines that the State meets such State adjusted
levels of performance.
``(3) Limitation.--The total reduction under this
subsection to the percentage of each amount that would (in the
absence of this subsection) be reserved by the Governor under
section 128(a)(1) may not exceed 10 percentage points for a
program year.
``(4) Reallotment of reductions.--
``(A) In general.--The amounts available for
reallotment for a program year shall be reallotted to
the States that were not subject to a reduction of
funds under paragraph (1)(B) or paragraph (2)(B) of
this subsection for such program year (in this
paragraph referred to individually as an `eligible
State').
``(B) Amounts available for reallotment.--In this
paragraph, the amounts available for reallotment for a
program year means the amounts available under section
127(b)(1)(C) and paragraph (1)(B) or (2)(B),
respectively, of section 132(b) for such program year
which would (in the absence of paragraph (1)(B) or
paragraph (2)(B) of this subsection) have otherwise
been reserved under section 128(a)(1) by a Governor of
a State for such program year.
``(C) Reallotment amounts.--In making reallotments
under subparagraph (A) for a program year to eligible
States, the Secretary shall allot to each eligible
State--
``(i) in the case of amounts available
under section 127(b)(1)(C), an amount based on
the relative amount of the allotment made
(before the allotments under this clause are
made) to such eligible State under section
127(b)(1)(C) for such program year, compared to
the total allotments made (before the
allotments under this clause are made) to all
eligible States under section 127(b)(1)(C) for
such program year; and
``(ii) in the case of amounts available
under paragraph (1)(B) or (2)(B), respectively,
of section 132(b), an amount based on the
relative amount of the allotment made (before
the allotments under this clause are made) to
such eligible State under paragraph (1)(B) or
(2)(B), respectively, of section 132(b) for
such program year, compared to the total
allotments made (before the allotments under
this clause are made) to all eligible States
under paragraph (1)(B) or (2)(B), respectively,
of section 132(b) for such program year.''.
(e) Sanctions for Local Area Failure To Meet Local Performance
Accountability Measures.--Section 116(g) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3141(g)) is amended--
(1) in paragraph (1)--
(A) by inserting ``80 percent of the'' before
``local performance''; and
(B) by striking ``accountability measures'' and
inserting ``accountability levels of performance on an
indicator of performance, an average of 90 percent of
the local levels of performance across indicators for a
single program, or an average of 90 percent for a
single performance indicator across all programs''; and
(2) in paragraph (2)--
(A) by amending subparagraph (A) to read as
follows:
``(A) In general.--If such failure continues, the
Governor shall take corrective actions, which shall
include--
``(i) in the case of a failure, for a
second consecutive year, on any individual
indicator, across indicators for a single
program, or on a single indicator across
programs, a 5-percent reduction in the amount
that would have otherwise been allocated (in
the absence of this clause) to the local area
for the immediately succeeding program year
under chapter 2 or 3 of subtitle B for the
program subject to the performance failure;
``(ii) in the case of a failure, as
described in paragraph (1), for a third
consecutive year, the development of a
reorganization plan through which the Governor
shall--
``(I) require the appointment and
certification of a new local board,
consistent with the criteria
established under section 107(b);
``(II) prohibit the use of one-stop
partners identified as achieving a poor
level of performance; and
``(III) revise or redesignate a
local area, which may include merging a
local area with another local area if
the Governor determines that the likely
cause of such continued performance
failure of a local area is due to such
local area's designation being granted
without the appropriate consideration
of parameters described under section
106(b)(1)(B); or
``(iii) other significant actions
determined appropriate by the Governor.'';
(B) in subparagraph (B)(i), by inserting ``(ii)''
after ``subparagraph (A)''; and
(C) by adding at the end the following:
``(D) Reallocation of reductions.--
``(i) In general.--With respect to any
amounts available under section 128(b),
paragraph (2)(A) or (3) of section 133(b), and
section 133(b)(2)(B) to a Governor for a
program year which would (in the absence of
subparagraph (A)(i)) have otherwise been
allocated by such Governor to a local area for
such program year--
``(I) not more than 10 percent of
the amounts available under each such
section may be reserved by the Governor
to provide technical assistance to
local areas within the State that were
subject to a reduction of allocation
amounts pursuant to subparagraph (A)(i)
for such program year; and
``(II) the amounts remaining after
the reservations under subclause (I)
shall be reallocated by the Governor to
the local areas within the State that
were not subject to a reduction of
allocation amounts pursuant to
subparagraph (A)(i) for such program
year (in this subparagraph referred to
individually as an `eligible local
area').
``(ii) Reallocation amounts.--In making
reallocations under clause (i)(II) for a
program year to eligible local areas within a
State, the Governor of the State shall allocate
to each such eligible local area--
``(I) in the case of amounts
remaining under section 128(b), an
amount based on the relative amount of
the allocation made (before the
allocations under this subclause are
made) to such eligible local area under
section 128(b) for such program year,
compared to the total allocations made
(before the allocations under this
subclause are made) to all eligible
local areas within the State under
section 128(b) for such program year;
``(II) in the case of amounts
remaining under paragraph (2)(A) or (3)
of section 133(b), an amount based on
the relative amount of the allocation
made (before the allocations under this
subclause are made) to such eligible
local area under paragraph (2)(A) or
(3) of section 133(b), as appropriate,
for such program year, compared to the
total allocations made (before the
allocations under this subclause are
made) under paragraph (2)(A) or (3) of
section 133(b), as appropriate, to all
eligible local areas within the State
for such program year; and
``(III) in the case of amounts
remaining under section 133(b)(2)(B),
an amount based on the relative amount
of the allocation made (before the
allocations under this subclause are
made) to such eligible local area under
section 133(b)(2)(B) for such program
year, compared to the total allocations
made (before the allocations under this
subclause are made) under section
133(b)(2)(B) to all eligible local
areas within the State for such program
year.''.
(f) Establishing Pay-for-Performance Contract Strategy
Incentives.--Section 116(h) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3141(h)) is amended by striking ``non-Federal funds''
and inserting ``the funds reserved under section 128(a)(1)''.
(g) Fiscal and Management Accountability Information Systems.--
Section 116(i) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3141(i)) is amended--
(1) in the first sentence of paragraph (2), by inserting
``, and may use information provided from the National
Directory of New Hires in accordance with section 453(j)(8) of
the Social Security Act (42 U.S.C. 653(j)(8))'' after ``State
law'';
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following:
``(3) Designated entity.--The Governor shall designate a
State agency (or appropriate State entity) to assist in
carrying out the performance reporting requirements for core
programs and eligible training providers. The designated State
agency (or appropriate State entity) shall be responsible for--
``(A) facilitating data matches using quarterly
wage record information, including wage record
information made available by other States, to measure
employment and earnings outcomes;
``(B) data validation and reliability, as described
in subsection (d)(5); and
``(C) protection against disaggregation that would
violate applicable privacy standards, as described in
subsection (d)(6)(C).''.
Subtitle C--Workforce Investment Activities and Providers
CHAPTER 1--WORKFORCE INVESTMENT ACTIVITIES AND PROVIDERS
SEC. 121. ESTABLISHMENT OF ONE-STOP DELIVERY SYSTEMS.
(a) One-Stop Partners.--Section 121(b) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3151(b)) is amended--
(1) in paragraph (1)(B)--
(A) in clause (xi), by inserting ``and'' at the
end; and
(B) by striking clause (xii);
(2) in paragraph (2)(A), by striking ``With'' and inserting
``At the direction of the Governor or with''; and
(3) in paragraph (2)(B)--
(A) in clause (vi), by striking ``and'' at the end;
(B) by redesignating clause (vii) as clause (viii);
and
(C) by inserting after clause (vi) the following:
``(vii) workforce and economic development
programs carried out by the Economic
Development Administration; and''.
(b) One-Stop Operators.--Section 121(d) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3151(d)) is amended--
(1) in paragraph (2)(B)--
(A) in clause (i), by inserting after ``education''
the following: ``or an area career and technical
education school'';
(B) in clause (v), by striking ``and'';
(C) by redesignating clause (vi) as clause (viii);
(D) by inserting after clause (v) the following:
``(vi) a public library;
``(vii) a local board that meets the
requirements of paragraph (4); and'';
(E) in clause (viii), as so redesignated, by
inserting after ``labor organization'' the following:
``joint labor-management organization''; and
(2) by redesignating paragraphs (3) and (4) as paragraphs
(5) and (6), respectively; and
(3) by inserting after paragraph (2) the following:
``(3) Responsibilities.--
``(A) In general.--In operating a one-stop system
referred to in subsection (e), a one-stop operator--
``(i) shall--
``(I) manage the physical and
virtual infrastructure and operations
of the one-stop system in the local
area; and
``(II) facilitate coordination
among the partners in such one-stop
system; and
``(ii) may, subject to the requirements
under subparagraph (B), directly provide
services to job seekers and employers.
``(B) Internal controls.--In a case in which a one-
stop operator seeks to operate as a service provider
pursuant to subparagraph (A)(ii), the local board shall
establish internal controls (which shall include
written policies and procedures)--
``(i) with respect to the competition in
which the one-stop operator will compete to be
selected as such service provider, and the
subsequent oversight, monitoring, and
evaluation of the performance of such one-stop
operator as such service provider; and
``(ii) which--
``(I) require compliance with--
``(aa) relevant Office of
Management and Budget circulars
relating to conflicts of
interest; and
``(bb) any applicable State
conflict of interest policy;
and
``(II) prohibit a one-stop operator
from developing, managing, or
conducting the competition in which the
operator intends to compete to be
selected as a service provider.
``(4) Local boards as one-stop operators.--Subject to
approval from the chief elected official and Governor and in
accordance with any other eligibility criteria established by
the State, a local board may serve as a one-stop operator, if
the local board--
``(A) enters into a written agreement with the
chief elected official that clarifies how the local
board will carry out the functions and responsibilities
as a one-stop operator in a manner that complies with
the appropriate internal controls to prevent any
conflicts of interest, which shall include how the
local board, while serving as a one-stop operator,
will--
``(i) comply with the relevant Office of
Management and Budget circulars relating to
conflicts of interest; and
``(ii) any applicable State conflict of
interest policy; and
``(B) complies with the other applicable
requirements of this subsection.''.
(c) One-Stop Delivery.--Section 121(e)(2) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3151(e)(2)) is amended--
(1) in subparagraph (A), to read as follows:
``(A) shall make each of the programs, services,
and activities described in paragraph (1) available--
``(i) to individuals through electronic
means, in a single, virtually accessible
location, and in a manner that improves
efficiency, coordination, and quality, as
determined by the State, in the delivery of
such programs, services, and activities; or
``(ii) at not less than 1 physical center
in each local area of the State; and'';
(2) in subparagraph (B)(i), by inserting after ``affiliated
sites'' the following: ``(such as any of the entities described
in subsection (d)(2)(B))'';
(3) in subparagraph (C), by inserting after ``centers'' the
following: ``(which may be virtual or physical centers)'';
(4) in subparagraph (D)--
(A) by striking ``as applicable and practicable,
shall'' and inserting ``in the case of a one-stop
delivery system that is making each of the programs,
services, and activities described in paragraph (1)
accessible at not less than 1 physical center, as
described in subparagraph (A)(ii), the one-stop
delivery system shall, as applicable and
practicable,''; and
(B) by striking the period at the end and inserting
``; and''; and
(5) by inserting after subparagraph (D) the following:
``(E) in the case of a one-stop delivery system
that is making each of the programs, services, and
activities accessible through electronic means, as
described in subparagraph (A)(i), the one-stop delivery
system shall have not less than two affiliated sites
with a physical location where individuals can access,
virtually, each of the programs, services, and
activities described in paragraph (1) that are
virtually accessible.''.
(d) Certification and Improvement Criteria.--Section 121(g)(2)(A)
of the Workforce Innovation and Opportunity Act is amended by striking
``under subsections (h)(1)'' and inserting ``under subsections
(h)(1)(C)''.
(e) Funding of One-Stop Infrastructure.--Section 121(h) of the
Workforce Innovation and Opportunity Act is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively;
(3) in paragraph (1), as so redesignated--
(A) by amending subparagraph (B) to read as
follows:
``(B) Partner contributions.--Subject to
subparagraph (D), the covered portions of funding for a
fiscal year shall be provided to the Governor from the
programs described in subsection (b)(1) to pay the
costs of infrastructure of one-stop centers in local
areas of the State.''; and
(B) in subparagraph (C)--
(i) in clause (i)--
(I) by striking ``for funding
pursuant to clause (i)(II) or (ii) of
paragraph (1)(A) by each partner,'';
and
(II) by striking the third
sentence; and
(ii) in clause (ii), by striking ``under a
provision covered by section 3(13)(D)'' and
inserting ``under a provision covered by
subparagraph (D) of the definition of the term
`core program provision' in section 3'';
(C) in subparagraph (D)--
(i) in clause (ii), by striking ``For local
areas in a State that are not covered by
paragraph (1)(A)(i)(I), the'' and inserting
``The'';
(ii) in clause (ii)--
(I) in subclause (I)--
(aa) by striking ``WIA'' in
the header and inserting
``WIOA''; and
(bb) by striking ``3
percent'' and inserting ``5
percent''; and
(II) by striking subclause (III);
and
(iii) in clause (iii), by striking ``For
local areas in a State that are not covered by
paragraph (1)(A)(i)(I), an'' and inserting
``An'';
(4) in paragraph (2), as so redesignated--
(A) in subparagraph (A), by striking ``purposes of
assisting in'' and inserting ``purpose of''; and
(B) in subparagraph (B)--
(i) in the first sentence, by striking
``not funding costs of infrastructure under the
option described in paragraph (1)(A)(i)(I)'';
and
(ii) in the second sentence, by inserting
after ``local area,'' the following: ``the
intensity of services provided by such
centers,'';
(5) by inserting after paragraph (2), as so redesignated,
the following:
``(3) Supplemental infrastructure funding.--For any fiscal
year in which the allocation received by a local area under
paragraph (2) is insufficient to cover the total costs of
infrastructure of one-stop centers in such local area, the
local board, the chief elected official, and the one-stop
partners that have entered into the local memorandum of
understanding with the local board under subsection (c) may
agree to fund any such remaining costs using a method described
in such memorandum.''; and
(6) in paragraph (4), by inserting after ``operation of the
one-stop center'' the following: ``(whether for in-person or
virtual service delivery)''.
SEC. 122. IDENTIFICATION OF ELIGIBLE PROVIDERS AND PROGRAMS OF TRAINING
SERVICES.
(a) Eligibility.--Section 122(a) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3152(a)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--Except as provided in subsection (i),
the Governor, after consultation with the State board and
considering the State's adjusted levels of performance
described in section 116(b)(3)(A)(iv), shall establish--
``(A) procedures regarding the eligibility of
providers of training services to receive funds
provided under section 133(b) for the provision of
training services by programs with standard eligibility
or conditional eligibility under this section (in this
section referred to as `eligible programs') in local
areas in the State; and
``(B) the minimum levels of performance on the
criteria for a program to receive such standard or
conditional eligibility.'';
(2) in paragraph (2)--
(A) in subparagraph (A), by inserting before the
semicolon at the end the following: ``(other than an
institution of higher education described in
subparagraph (C))'';
(B) in subparagraph (B), by striking ``or'' at the
end;
(C) by redesignating subparagraph (C) as
subparagraph (D);
(D) by inserting after subparagraph (B) the
following:
``(C) an institution of higher education that
offers a program that--
``(i) is of at least 150 clock hours of
instruction, but less than 600 clock hours of
instruction, or an equivalent number of credit
hours;
``(ii) is offered during a minimum of 8
weeks, but less than 15 weeks; and
``(iii) is an eligible program for purposes
of the Federal Pell Grant program; or''; and
(E) in subparagraph (D), as so redesignated--
(i) by inserting ``(including providers of
such a program that is conducted (in whole or
in part) online)'' before ``, which may''; and
(ii) by inserting ``providers of
entrepreneurial skills development programs,
industry or sector partnerships, groups of
employers, trade or professional
associations,'' after ``organizations,''; and
(3) in paragraph (3)--
(A) in the first sentence, by striking ``(C)'' and
inserting ``(D)'';
(B) in the second sentence, by striking ``paragraph
(2)(B)'' the first place it appears and inserting
``subparagraph (B) or (C) of paragraph (2)''; and
(C) by inserting before the period at the end the
following: ``or remains eligible for the Federal Pell
Grant program as described in paragraph (2)(C)''.
(b) Criteria and Information Requirements.--Section 122(b) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3152(b)) is amended
to read as follows:
``(b) Criteria and Information Requirements.--
``(1) General requirements.--
``(A) General criteria for programs.--Each provider
shall demonstrate that the program for which the
provider is seeking eligibility under this section--
``(i) prepares participants to meet the
hiring requirements of potential employers in
the State or a local area within the State for
employment that--
``(I) is high skill and high wage;
or
``(II) is in in-demand industry
sectors or occupations;
``(ii) leads to a recognized postsecondary
credential;
``(iii) has been offered by the provider
for not less than 1 year; and
``(iv)(I) meets the performance
requirements for standard eligibility described
in paragraph (2); or
``(II) has received conditional eligibility
described in paragraph (3).
``(B) Provider eligibility election.--Any provider
may elect to seek standard eligibility under paragraph
(2) or conditional eligibility under paragraph (3).
``(2) Performance criteria for standard eligibility.--
``(A) In general.--The Governor shall--
``(i) establish and publicize minimum
levels of performance for each of the criteria
listed in subparagraph (B) that a program
offered by a provider of training services
shall achieve to receive and maintain standard
eligibility under this section; and
``(ii) verify the performance achieved by
such a program with respect to each such
criteria to determine whether the program meets
the corresponding minimum level of performance
established under clause (i)--
``(I) in the case of the criteria
described in (ii) through (iv) of
subparagraph (B), using State
administrative data (such as quarterly
wage records); and
``(II) in the case of the criteria
described in subparagraph (B)(i), using
any applicable method for such
verification; and
``(iii) in verifying the performance
achievement of a program, verify that such
program included a sufficient number of program
participants to protect participant personally
identifiable information, and to be a reliable
indicator of performance achievement.
``(B) Performance criteria.--The performance
criteria to receive and maintain standard eligibility
for a program under this section are as follows:
``(i) The credential attainment rate of
program participants calculated as the
percentage of program participants who obtain
the recognized postsecondary credential for
which the program prepares participants to earn
within 6 months of exit from the program.
``(ii) The job placement rate of program
participants calculated as the percentage of
program participants in unsubsidized employment
during the second quarter after exit from the
program.
``(iii) The median earnings of program
participants who are in unsubsidized employment
during the second quarter after exit from the
program.
``(iv) The ratio of median earnings
increase to the total cost of program,
calculated as follows:
``(I) The median value of the
difference between--
``(aa) participant wages
from unsubsidized employment
during the second quarter after
program exit; and
``(bb) participant wages
during the quarter prior to
entering the program, to
``(II) The total cost of the
program (as described in paragraph
(5)(B)(iii)).
``(C) Local criteria.--With respect to any program
receiving standard eligibility under this section from
a Governor, a local board in the State may require
higher levels of performance than the minimum
performance levels established by the Governor under
this paragraph, but may not--
``(i) require any information or
application from the provider that is not
required for such standard eligibility; or
``(ii) establish a performance requirement
with respect to any criteria not listed in
subparagraph (B).
``(3) Conditional eligibility.--
``(A) Requirements.--
``(i) In general.--The Governor shall
establish procedures and criteria for
conditional eligibility for a program of a
provider of training services that does not
meet the requirements under subparagraph (2).
``(ii) Procedures and criteria.--In
establishing the procedures and criteria under
this subparagraph for conditional eligibility
under this paragraph, the Governor--
``(I) shall establish the maximum
period, not to exceed a 4-year period,
that a program may receive and maintain
such conditional eligibility;
``(II) with respect to a program
that has received conditional
eligibility for the maximum period
established under subclause (I) and
that is seeking approval for an
additional period of conditional
eligibility, may not consider such
program for such conditional
eligibility during the 3-year period
that begins on the day after the end of
most recent period for which the
program received conditional
eligibility; and
``(III) may establish other
requirements related to program
performance, including setting separate
minimum levels of performance on the
criteria described in paragraph (2) for
a program to maintain such conditional
eligibility.
``(B) Payments.--Payments under this Act for the
provision of training services by a program with
conditional eligibility shall be made to the provider
of such program, on the basis of the achievement of
successful outcomes by a participant of such training
services, in accordance with the following:
``(i) Upon participant enrollment, the
provider shall receive not less than 25 percent
of the total funds to be provided under section
133(b) for the provision of training services
by such program to such participant.
``(ii) Upon participant completion and
credential attainment, the provider shall
receive not less than 25 percent of such total
funds.
``(iii) Upon verification of the
participant's employment during the second
quarter after program completion, the provider
shall receive not less than 25 percent of such
total funds.
``(iv) The remainder of such total funds
may be awarded at any of the intervals
described in clauses (i) through (iii) as
determined by the Governor in accordance with
the procedures established under subparagraph
(A).
``(C) Limitation on billing participants.--With
respect to a program participant for whom a provider
expects to be paid pursuant to subparagraph (B), the
provider may not--
``(i) charge such participant tuition and
refund such charges after receiving such
payments; or
``(ii) if such program participant does not
achieve the outcomes necessary for the provider
to receive the provider's full payment pursuant
to subparagraph (B) for such participant, bill
a participant for any of the amounts described
in subparagraph (B).
``(4) Employer-sponsored or industry or sectoral
partnership designation.--
``(A) In general.--The Governor shall establish
procedures and criteria for providers to apply for an
employer-sponsored designation for a program that has
received standard or conditional eligibility under this
paragraph, which shall include a commitment from an
employer or an industry or sectoral partnership to--
``(i) pay to the provider, on behalf of
each participant enrolled in such program under
this Act, not less than 25 percent of the cost
of the program (as described in paragraph
(5)(B)(iii)), which shall be provided in lieu
of 25 percent of the amount that the provider
would have otherwise received under section
133(b) for the provision of training services
by such program to such participant; and
``(ii) guarantee an interview and
consideration for a job with the employer, or
in the case of an industry or sectoral
partnership, an employer within such
partnership, for each such participant that
successfully completes the program.
``(B) Restriction on financial arrangement.--A
provider receiving an employer-sponsored designation
under this paragraph may not--
``(i) have an ownership stake in the
employer or industry or sectoral partnership
making a commitment described in subparagraph
(A); or
``(ii) enter into an arrangement to
reimburse an employer or partnership for the
costs of a participant paid by such employer or
partnership.
``(5) Information requirements.--An eligible provider shall
submit appropriate, accurate, and timely information to the
Governor, to enable the Governor to carry out subsection (d),
with respect to all participants of each eligible program
(including participants for whom the provider receives payments
under this title) offered by the provider, which shall--
``(A) be made available by the State in a common,
linked, open, and interoperable data format;
``(B) include information on--
``(i) the performance of the program with
respect to the performance accountability
measures described in section 116 for such
participants;
``(ii) the recognized postsecondary
credentials received by such participants,
including, in relation to each such credential,
the issuing entity, any third-party
endorsements, the occupations for which the
credential prepares individuals, the
competencies achieved, the level of mastery of
such competencies (including how mastery is
assessed), and any transfer value or
stackability;
``(iii) the total cost of the program,
including the costs of the published tuition
and fees, supplies, books, and any other costs
required by the provider for participants in
the program;
``(iv) the percentage of such participants
that complete the program within the expected
time to completion; and
``(v) in the case of a provider offering
programs seeking or maintaining standard
eligibility, the criteria described in
paragraph (2) and not otherwise included in
clause (i) of this subparagraph; and
``(C) with respect to employment and earnings
measures described in subclauses (I) through (III) of
section 116(b)(2)(A)(i) for such participants--
``(i) the necessary information for the
State to develop program performance data using
State administrative data (such as wage
records); and
``(ii) the necessary information to
determine the percentage of such participants
who entered unsubsidized employment in an
occupation related to the program, to the
extent practicable.''.
(c) Procedures.--Section 122(c) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3152(c)) is amended--
(1) in the first sentence of paragraph (1), by inserting
``, which shall be implemented in a manner that minimizes the
financial and administrative burden on the provider and shall
not require the submission of information in excess of the
information required to determine a program's eligibility under
subsection (b)'' after ``provision of training services'';
(2) by redesignating paragraph (2) as paragraph (3), and
inserting the following after paragraph (1):
``(2) Approval.--A Governor shall make an eligibility
determination with respect to a provider of training services
and the program for which the provider is seeking eligibility
under this section not later than 30 days after receipt of an
application submitted by such provider consistent with the
procedures in paragraph (1).'';
(3) in paragraph (3), as so redesignated--
(A) by striking ``biennial'' and inserting
``annual''; and
(B) by inserting before the period at the end the
following: ``that continue to meet the requirements
under subsection (b)''; and
(C) by adding at the end the following: ``Any
program with standard or conditional eligibility that,
upon such review, does not meet the eligibility
criteria established under subsection (b) for standard
or conditional eligibility, respectively, shall, except
as otherwise provided in subsection (g)(1)(E), no
longer be an eligible program and shall be removed from
the list described in subsection (d).''; and
(4) by inserting at the end the following:
``(4) Multistate providers.--The procedures established
under subsection (a) shall specify the process for any provider
of training services offering a program in multiple States to
establish eligibility in such States, which shall, to the
extent practicable, minimize financial and administrative
burdens on any such provider by authorizing the provider to
submit the same application materials and information to the
Governor of each State in which such program will be providing
services, as long as the program meets the applicable State
requirements established under subsection (b) for each such
State.
``(5) Online providers.--If a participant chooses a
provider that delivers training services exclusively online and
is not located in the State of the local area that approved
such training services for the participant in accordance with
section 133(c)(3)(A)(i), such provider shall be ineligible to
receive payment for such participant from funds allocated to
such State unless such provider is on the list of eligible
providers of training services described in subsection (d) for
such State.''.
(d) List and Information To Assist Participants in Choosing
Providers.--Section 122(d) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3152(d)) is amended--
(1) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (6), respectively;
(2) by inserting after paragraph (1) the following:
``(2) Credential navigation feature.--In order to enhance
the ability of participants and employers to understand and
compare the value of the recognized postsecondary credentials
awarded by eligible programs offered by providers of training
services in a State, the Governor shall establish (or develop
in partnership with other States), a credential navigation
feature that allows participants and the public to search a
list of such recognized postsecondary credentials, and the
providers and programs awarding such a credential, which shall
include, with respect to each such credential (aggregated for
all participants in the State that have received such
credential)--
``(A) the information required under subsection
(b)(5)(B)(ii); and
``(B) the employment and earnings outcomes
described in subclause (I) through (III) of section
116(b)(2)(i).'';
(3) in paragraph (3) (as redesignated by paragraph (1))--
(A) by amending subparagraph (A), by striking ``(C)
of subsection (a)(2)'' and inserting ``(D) of
subsection (a)(2)'';
(B) by amending subparagraph (B) to read as
follows:
``(B) with respect to a program described in
subsection (b)(3) that is offered by a provider,
consist of information designating the program as
having conditional eligibility;''; and
(C) by amending subparagraph (C) to read as
follows:
``(C) with respect to a program described in
subsection (b)(4) that is offered by a provider,
consist of the information promoting the program as
having an employer-sponsored designation and
identifying the employer or partnership sponsoring the
program.''.
(4) by amending paragraph (4) (as so redesignated) to read
as follows:
``(4) Availability.--The list (including the credential
navigation feature described in paragraph (2)), and the
accompanying information shall be made available to such
participants and to members of the public through the one-stop
delivery system in the State--
``(A) on a publicly accessible website that--
``(i) is consumer-tested; and
``(ii) is searchable, easily
understandable, and navigable, and allows for
the comparison of eligible programs through the
use of common, linked, open-data descriptive
language; and
``(B) in a manner that does not reveal personally
identifiable information about an individual
participant.''; and
(5) by inserting before paragraph (6) (as so redesignated),
the following:
``(5) Website technical assistance.--The Secretary shall--
``(A) upon request, provide technical assistance to
a State on establishing a website that meets the
requirements of paragraph (4); and
``(B) disseminate to each State effective practices
or resources from States and private sector entities
related to establishing a website that is consumer-
tested to ensure that the website is easily understood,
searchable, and navigable.''.
(e) Provider Performance Incentives.--Section 122 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3152), as amended by this
section, is further amended--
(1) in subsection (e), by striking ``information
requirements,'' in each place it appears;
(2) by redesignating subsections (f) through (i) as
subsection (g) through (j), respectively;
(3) by inserting after subsection (e), as so amended, the
following:
``(f) Provider Performance Incentives.--
``(1) In general.--The Governor or a local board may
establish a system of performance incentive payments to be
awarded to providers in addition to the amount paid under
section 133(b) to such providers for the provision of training
services to participants of eligible programs. Such system of
performance incentives may be established to award eligible
programs that--
``(A) achieve performance levels above the minimum
levels established by the Governor under subsection
(b)(2);
``(B) serve a significantly higher number of
individuals with barriers to employment compared to
training providers offering similar training services;
or
``(C) achieve other performance successes,
including those related to jobs that provide economic
stability and upward mobility (such as leading to jobs
with high wages and family sustainable benefits) as
determined by the State or the local board.
``(2) Incentive payments.--Incentive payments to providers
established under paragraph (1) shall be awarded to providers
from the following allotments:
``(A) In the case of a system of performance
incentive payments established by the Governor, from
funds reserved by the Governor under section 128(a).
``(B) In the case of a system of performance
incentive payments established by a local board, from
the allocations made to the local area for youth under
section 128(b), for adults under paragraph (2)(A) or
(3) of section 133(b), or for dislocated workers under
section 133(b)(2)(B), as appropriate.'';
(f) Enforcement.--Section 122(g)(1) of the Workforce Innovation and
Opportunity Act (as redesignated by subsection (e)(2)), is amended by
adding at the end the following:
``(D) Failure to provide required information.--
With respect to a provider of training services that is
eligible under this section for a program year with
respect to an eligible program, but that does not
provide the information described in subsection (b)(5)
with respect to such program for such program year
(including information on performance necessary to
determine if the program meets the minimum levels on
the criteria to maintain eligibility), the provider
shall be ineligible under this section with respect to
such program for the program year after the program
year for which the provider fails to provide such
information.
``(E) Failure to meet performance criteria.--
``(i) First year.--An eligible program that
has received standard eligibility under
subsection (c)(2) for a program year but fails
to meet the minimum levels of performance on
the criteria described in subsection (b)(2)
during the most recent program year for which
performance data on such criteria are available
shall be notified of such failure by the
Governor.
``(ii) Second consecutive year.--A program
that fails to meet the minimum levels of
performance for a second consecutive program
year shall lose standard eligibility for such
program for at least the program year following
such second consecutive program year.
``(iii) Reapplication.--
``(I) Standard eligibility.--A
provider may reapply to receive
standard eligibility for the program
according to the criteria described in
subsection (c) if the program
performance for the most recent program
year for which performance data is
available meets the minimum levels of
performance required to receive such
standard eligibility.
``(II) Conditional eligibility.--A
program that loses standard eligibility
may apply to receive conditional
eligibility under the process and
criteria established by the Governor
under subsection (b)(3).''.
(g) On-the-Job Training, Employer-directed Skills Development,
Incumbent Worker Training, and Other Training Exceptions.--Subsection
(i) (as redesignated by subsection (e)(2)) of section 122 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3152) is amended--
(1) in paragraph (1)--
(A) by striking ``customized training'' and
inserting ``employer-directed skills development''; and
(B) by striking ``subsections (a) through (f)'' and
inserting ``subsections (a) through (g)''; and
(2) in paragraph (2), by amending the first sentence to
read as follows: ``A one-stop operator in a local area shall
collect the minimum amount of information from providers of on-
the-job training, employer-directed skills development,
incumbent worker training, internships, paid or unpaid work
experience opportunities, and transitional employment as
necessary to enable the use of State administrative data to
generate such performance information as the Governor may
require.''.
(h) Technical Assistance.--Section 122 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3152) is further amended by adding at
the end the following:
``(k) Technical Assistance.--The Governor may apply to the
Secretary for technical assistance, as described in section 168(c), for
purposes of carrying out the requirements of subsection (c)(4), or
paragraph (2) or (5) of subsection (d), or any other amendments made by
the A Stronger Workforce for America Act to this section, and the
Secretary shall provide such technical assistance in a timely
manner.''.
(i) Transition.--A Governor and local boards shall implement the
requirements of section 122 of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3152), as amended by this Act, not later than the first
day of the second full program year after the date of enactment of this
Act. In order to facilitate early implementation of this section, the
Governor may establish transition procedures under which providers
eligible to provide training services under chapter 1 of subtitle B of
title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3151
et seq.), as such chapter was in effect on the day before the date of
enactment of this Act, may continue to be eligible to provide such
services until December 31, 2024, or until such earlier date as the
Governor determines to be appropriate.
CHAPTER 2--YOUTH WORKFORCE INVESTMENT ACTIVITIES
SEC. 131. RESERVATIONS; REALLOCATION.
(a) Reservations for Statewide Activities.--Section 128(a) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3173(a)) is
amended--
(1) in paragraph (2), by striking ``reserved amounts'' in
each place and inserting ``reserved amounts under paragraph
(1)''; and
(2) by adding at the end the following:
``(3) Statewide critical industry skills fund.--
``(A) Authorized reservation.--In addition to the
reservations required under paragraph (1) and section
133(a)(2), and subject to subparagraph (B), the
Governor may reserve not more than 10 percent of each
of the amounts allotted to the State under section
127(b)(1)(C) and paragraphs (1)(B) and (2)(B) of
section 132(b) for a fiscal year to establish and
administer a critical industry skills fund described in
section 134(a)(4).
``(B) Matching funds.--
``(i) Requirement.--The amount of funds
reserved by a Governor under subparagraph (A)
for a fiscal year may not exceed the amount of
funds that such Governor commits to using from
any of the funds listed in clause (ii) for such
fiscal year for the purposes of establishing
and administering the critical industry skills
fund for which funds are reserved under
subparagraph (A).
``(ii) Sources of matching funds.--The
funds listed in this clause are as follows:
``(I) Funds reserved by the
Governor under paragraph (1) of this
subsection.
``(II) Other Federal funds not
described in subclause (I).
``(III) State funds.''.
(b) Reallocation Among Local Areas.--Section 128(c) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3173(c)) is
amended--
(1) in paragraph (1), by inserting the following before the
period at the end: ``as performance-based incentive payments'';
and
(2) in paragraph (4)--
(A) by striking ``that does not'' and inserting the
following: ``that--
``(A) does not'';
(B) by striking the period at the end and inserting
a semicolon; and
(C) by adding at the end the following:
``(B) has met or exceeded an average of 100 percent
of the local level of performance described in section
116(c)(1)(B) for the local area across all indicators
for the youth program authorized under this chapter for
the most recent program year for which performance data
is available; and
``(C) was not subject to corrective action by the
Governor under section 184(a)(5)(A) for a determination
of non-compliance with the uniform administrative
requirements described in section 184(a)(3) for the
program year for which the determination under
paragraph (2) is made.''.
SEC. 132. USE OF FUNDS FOR YOUTH WORKFORCE INVESTMENT ACTIVITIES.
(a) Opportunity Youth.--Section 129 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3164) is amended by striking ``out-of-
school'' each place it appears and inserting ``opportunity''.
(b) Youth Participant Eligibility.--
(1) Eligibility determination.--
(A) Eligibility.--Subparagraph (A) of section
129(a)(1) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3164(a)(1) is amended to read as
follows:
``(A) Eligibility determination.--
``(i) In general.--To be eligible to
participate in activities carried out under
this chapter during any program year, an
individual shall, at the time the eligibility
determination is made, be an opportunity youth
or an in-school youth.
``(ii) Enrollment.--If a one-stop operator
or eligible provider of youth workforce
activities carrying out activities under this
chapter reasonably believes that an individual
is eligible to participate in such activities,
the operator or provider may allow such
individual to participate in such activities
for not more than a 30-day period during which
the operator or provider shall obtain the
necessary information to make an eligibility
determination with respect to such individual
(which may involve working with such
individual, other entities in the local area,
and available sources of administrative data to
obtain the necessary information).
``(iii) Determination of ineligibility.--
With respect to an individual who is determined
to be ineligible for activities under this
chapter by a one-stop operator or a service
provider during the period described in clause
(ii) and who does not qualify for an exception
under paragraph (3)(A)(ii) applicable to the
local area involved, such operator or service
provider--
``(I) may--
``(aa) continue serving
such individual using non-
Federal funds; or
``(bb) end the
participation of such
individual in activities under
this chapter and refer the
individual to other services
that may be available in the
local area for which the
individual may be eligible; and
``(II) shall be paid for any
services provided to such individual
under this chapter during the period
described in clause (ii) by the local
area involved using funds allocated to
such area under section 128(b).
``(iv) Determination process for homeless
and foster youth.--In determining whether an
individual is eligible to participate in
activities carried out under this chapter on
the basis of being an individual who is a
homeless child or youth, or a youth in foster
care, as described in subparagraph (B)(iii)(V),
the one-stop operator or service provider
involved shall--
``(I) if determining whether the
individual is a homeless child or
youth, use a process that is in
compliance with the requirements of
subsection (a) of section 479D of the
Higher Education Act of 1965, as added
by section 702(l) of the FAFSA
Simplification Act (Public Law 116-
260), for financial aid administrators;
and
``(II) if determining whether the
individual is a youth in foster care,
use a process that is in compliance
with the requirements of subsection (b)
of section 479D of the Higher Education
Act of 1965, as added by section 702(l)
of the FAFSA Simplification Act (Public
Law 116-260), for financial aid
administrators.''.
(B) Definition of opportunity youth.--Subparagraph
(B) of section 129(a)(1) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3164(a)(1) is amended--
(i) in the subparagraph heading, by
striking ``Out-of-school'' and inserting
``Opportunity'';
(ii) in clause (i), by inserting ``, except
that an individual described in subparagraph
(IV) or (V) of clause (iii) may be attending
school'' after ``(as defined under State
law)'';
(iii) in clause (ii), by inserting before
the semicolon at the end, the following : ``,
except that an individual described in
subparagraph (IV) or (V) of clause (iii) may be
not younger than age 14 or older than age 24'';
and
(iv) in clause (iii)(III)--
(I) in the matter preceding item
(aa), by striking ``and is'' and
inserting ``and'';
(II) in item (aa), by striking
``basic skills deficient;'' and
inserting ``has foundational skills
needs;''; and
(III) in item (bb), by striking
``an English language learner'' and
inserting ``is an English learner''.
(C) Definition of in-school youth.--Subparagraph
(C)(iv) of section 129(a)(1) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3164(a)(1))
is amended--
(i) in subclause (I), by striking ``Basic
skills deficient.'' and inserting ``An
individual who has foundational skills
needs.'';
(ii) in subclause (II), by striking
``language'';
(iii) by striking subclauses (III) and
(IV); and
(iv) by redesignating subclauses (V), (VI),
and (VII) as subclauses (III), (IV), and (V),
respectively.
(2) Exception and limitation.--Section 129(a)(3) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3164(a)(1))
is amended--
(A) in subparagraph (A)(ii), by striking ``5'' and
inserting ``10''; and
(B) in subparagraph (B)--
(i) by striking ``5'' inserting ``10''; and
(ii) by striking ``paragraph
(1)(C)(iv)(VII)'' and inserting ``paragraph
(1)(C)(iv)(V)''.
(3) Opportunity youth priority.--Section 129(a)(4) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3164(a)(1))
is amended--
(A) in the paragraph heading, by striking ``Out-of-
school'' and inserting ``Opportunity'';
(B) in subparagraph (A)--
(i) by striking ``75'' each place it
appears and inserting ``65'';
(ii) by inserting ``the total amount of''
before ``funds available''; and
(iii) by inserting ``in the State'' after
``subsection (c)'';
(C) in subparagraph (B)(i), by striking ``75'' and
inserting ``65'';
(D) by redesignating subparagraph (B), as so
amended, as subparagraph (C); and
(E) by inserting after subparagraph (A) the
following:
``(B) Local area targets.--The local board, the
chief elected official, and the Governor shall
negotiate and reach agreement on the minimum amount of
funds provided to a local area under subsection (c)
that shall be used to provide youth workforce
investment activities for opportunity youth based on
the needs of youth in the local area, as necessary for
the State to meet the percentage described in
subparagraph (A).''.
(c) Required Statewide Youth Activities.-- Section 129(b)(1) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3164(b)(1))--
(1) in the matter preceding subparagraph (A), by striking
``sections 128(a)'' and inserting ``sections 128(a)(1)''; and
(2) in subparagraph (B), by inserting ``through a website
that is consumer-tested to ensure that the website is easily
understood, searchable, and navigable and allows for comparison
of eligible providers based on the program elements offered by
such providers and the performance of such providers on the
primary indicators of performance for the youth program as
described in section 116(b)(2)(A)(ii)'' after ``under section
123''.
(d) Allowable Statewide Youth Activities.--Section 129(b)(2) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3164(b)(2)) is
amended--
(1) in the matter preceding subparagraph (A), by striking
``sections 128(a)'' and inserting ``sections 128(a)(1)'';
(2) in subparagraph (C), by inserting ``, which may include
providing guidance on career options in in-demand industry
sectors or occupations'' after ``in the State'';
(3) in subparagraph (D)--
(A) in clause (iv), by striking ``and'' at the end;
and
(B) by inserting after clause (v) the following:
``(vi) supporting the ability to understand
relevant tax information and obligations;'';
(4) in subparagraph (E), by striking the period at the end
and inserting a semicolon; and
(5) by adding at the end the following:
``(F) establishing, supporting, and expanding work-
based learning opportunities, including transitional
jobs, that are aligned with career pathways;
``(G) raising public awareness (including through
public service announcements, such as social media
campaigns and elementary and secondary school showcases
and school visits) about career and technical education
programs and community-based and youth services
organizations, and other endeavors focused on programs
that prepare students for in-demand industry sectors or
occupations; and
``(H) developing partnerships between educational
institutions (including area career and technical
schools and institutions of higher education) and
employers to create or improve workforce development
programs to address the identified education and skill
needs of the workforce and the employment needs of
employers in the regions or local areas of the State,
as determined based on the most recent analysis
conducted under subparagraphs (B) and (C) of section
102(b)(1).''.
(e) Local Elements and Requirements.--
(1) Program design.--Section 129(c)(1) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3164(c)(1)) is
amended--
(A) in subparagraph (B), by inserting ``(which, in
the case of a participant 18 years or older, may
include co-enrollment in any employment or training
activity provided under section 134 for adults)'' after
``services for the participant'';
(B) in subparagraph (C)(v), by inserting ``high-
skill, high-wage, or'' after ``small employers, in'';
and
(C) in subparagraph (D)--
(i) by striking ``10'' and inserting
``40''; and
(ii) by inserting before the period the
following: ``, except that after 2 consecutive
years of the local board implementing such a
pay-for-performance contract strategy, the
local board may reserve and use not more than
60 percent of such total funds allocated to the
local area for such strategy if--
``(i) the local board demonstrates to the
Governor that such strategy resulted in
performance improvements; and
``(ii) the Governor approves a request to
use such percentage of total funds''.
(2) Program elements.--Section 129(c)(2) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3164(c)(2)) is
amended--
(A) in subparagraph (C)--
(i) in clause (i)--
(I) by striking ``other'' and
inserting ``year-round''; and
(II) by inserting ``that meet the
requirements of paragraph (10)'' after
``school year'';
(ii) in clause (iii), by striking ``and job
shadowing; and'' and inserting the following:
``that, to the extent practicable, are aligned
with in-demand industry sectors or occupations
in the State or local area and for which
participants shall be paid (by the entity
providing the internship, through funds
allocated to the local area pursuant to
paragraph (1) for the program, or by another
entity) if such internships are longer than--
``(I) 4 weeks in the summer or 8
weeks during the school year for in-
school youth and opportunity youth who
are enrolled in school; or
``(II) 8 weeks for opportunity
youth who are not enrolled in
school;'';
(iii) by redesignating clause (iv) as
clause (v); and
(iv) by inserting after clause (iii), as so
amended, the following:
``(iv) job shadowing; and'';
(B) in subparagraph (H), by striking ``adult
mentoring'' and inserting ``coaching and adult
mentoring services'';
(C) in subparagraph (M)--
(i) by inserting ``high-skill, high-wage,
or'' before ``in-demand industry''; and
(ii) by striking the ``and'' at the end;
(D) in subparagraph (N), by striking the period at
the end and inserting ``; and''; and
(E) by adding at the end the following:
``(O) activities to develop fundamental workforce
readiness, which may include creativity, collaboration,
critical thinking, digital literacy, persistence, and
other relevant skills.''.
(3) Priority.--Section 129(c)(4) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3164(c)(2)) is
amended, by striking ``20'' and inserting ``40''.
(4) Rule of construction.--Section 129(c)(5) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3164(c)(2))
is amended by inserting ``or local area'' after ``youth
services''.
(5) Individual training accounts.--Section 129(c) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3164(c)(2))
is further amended by adding at the end the following:
``(9) Individual training accounts.--Funds allocated
pursuant to paragraph (1) to a local area may be used to pay,
through an individual training account, an eligible provider of
training services described in section 122(d) for training
services described in section 134(c)(3) provided to in-school
youth who are not younger than age 16 and not older than age 21
and opportunity youth, in the same manner that an individual
training account is used to pay an eligible provider of
training services under section 134(c)(3)(F)(iii) for training
services provided to an adult or dislocated worker.''.
(6) Summer and year-round employment opportunities
requirements.--Section 129(c) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3164(c)(2)) is further amended by
adding at the end the following:
``(10) Summer and year-round employment opportunities
requirements.--
``(A) In general.--A summer employment opportunity
or a year-round employment opportunity referred to in
paragraph (2)(C)(i) shall be a program that matches
eligible youth participating in such program with an
appropriate employer (based on factors including the
needs of the employer and the age, skill, and informed
aspirations of the eligible youth) that--
``(i) shall include--
``(I) a component of occupational
skills education; and
``(II) not less than 2 of the
activities described in subparagraphs
(G), (H), (I), (K), (M), and (O) of
paragraph (2);
``(ii) may not use funds allocated under
this chapter to subsidize more than 50 percent
of the wages of each eligible youth participant
in such program;
``(iii) in the case of a summer employment
opportunity, complies with the requirements of
subparagraph (B); and
``(iv) in the case of a year-round
employment opportunity, complies with the
requirements of subparagraph (C).
``(B) Summer employment opportunity.--In addition
to the applicable requirements described in
subparagraph (A), a summer employment opportunity--
``(i) may not be less than 4 weeks; and
``(ii) may not pay less than the greater of
the applicable Federal, State, or local minimum
wage.
``(C) Year-round employment opportunity.--In
addition to the applicable requirements described in
subparagraph (B), a year-round employment opportunity--
``(i) may not be shorter than 180 days or
longer than 1 year;
``(ii) may not pay less than the greater of
the applicable Federal, State, or local minimum
wage; and
``(iii) may not employ the eligible youth
for less than 20 hours per week, except in
instances when the eligible youth are under the
age of 18 or enrolled in school.
``(D) Priority.--In selecting summer employment
opportunities or year-round employment opportunities
for purposes of paragraph (2)(C)(i), a local area shall
give priority to programs that meet the requirements of
this paragraph, which are in existing or emerging high-
skill, high-wage, or in-demand industry sectors or
occupations.''.
CHAPTER 3--ADULT AND DISLOCATED WORKER EMPLOYMENT AND TRAINING
ACTIVITIES
SEC. 141. STATE ALLOTMENTS.
Section 132(a)(2)(A) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3172(a)(2)(A)) is amended by--
(1) striking ``, 169(c) (relating to dislocated worker
projects),''; and
(2) by inserting ``, and under subsections (c) (related to
dislocated worker projects) and (d) (related to workforce data
quality initiatives) of section 169'' before ``; and''
SEC. 142. RESERVATIONS FOR STATE ACTIVITIES; WITHIN STATE ALLOCATIONS;
REALLOCATION.
(a) Reservations for State Activities.--Section 133(a) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3173(a)) is
amended--
(1) in paragraph (1), by striking ``section 128(a)'' and
inserting ``section 128(a)(1)'';
(2) by adding at the end the following:
``(3) Statewide critical industry skills fund.--In addition
to the reservations required under paragraphs (1) and (2) of
this subsection, the Governor may make the reservation
authorized under section 128(a)(3).''.
(b) Within State Allocations.--Section 133(b)(1) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3173(b)) is amended--
(1) in subparagraph (A), by striking ``subsection (a)(1)''
and inserting ``paragraph (1) or (3) of subsection (a)''; and
(2) in subparagraph (B), by striking ``paragraph (1) or (2)
of subsection (a)'' and inserting ``paragraph (1), (2), or (3)
of subsection (a)''.
(c) Reallocation Among Local Areas.--Section 133(c) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3173(c)) is
amended--
(1) in paragraph (1), by inserting before the period at the
end, the following: ``as performance-based incentive
payments'';
(2) in paragraph (4)--
(A) in subparagraph (A)--
(i) by striking ``that does not'' and
inserting the following: ``that--
``(i) does not'';
(ii) by striking ``; and'' and inserting a
semicolon; and
(iii) by adding at the end the following:
``(ii) has met or exceeded an average of
100 percent of the local level of performance
described in section 116(c)(1)(B) for the local
area across all indicators for the adult
program authorized under this chapter for the
most recent program year for which performance
data is available; and
``(iii) was not subject to corrective
action by the Governor under section
184(a)(5)(A) for a determination of non-
compliance with the uniform administrative
requirements described in section 184(a)(3) for
the program year for which the determination
under paragraph (2) is made; and''; and
(B) in subparagraph (B)--
(i) by striking ``that does not'' and
inserting the following: ``that--
``(i) does not'';
(ii) by striking the period at the end and
inserting a semicolon; and
(iii) by adding at the end the following:
``(ii) has met or exceeded an average of
100 percent of the local level of performance
described in section 116(c)(1)(B) for the local
area across all indicators for the dislocated
worker program authorized under this chapter
for the most recent program year for which
performance data is available; and
``(iii) was not subject to corrective
action by the Governor under section
184(a)(5)(A) for a determination of non-
compliance with the uniform administrative
requirements described in section 184(a)(3) for
the program year for which the determination
under paragraph (2) is made; and''; and
(3) by adding at the end the following:
``(5) Use of incentive funds.--Any amounts provided to a
local area as a performance incentive payment under this
subsection shall not be subject to the requirements described
in section 134(c)(1)(B).''.
SEC. 143. USE OF FUNDS FOR EMPLOYMENT AND TRAINING ACTIVITIES.
(a) Statewide Employment and Training Activities.--
(1) In general.--Section 134(a)(1) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3174(a)(1))--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by
striking ``128(a)'' and inserting
``128(a)(1)''; and
(ii) in clause (ii)--
(I) by striking the comma at the
end and inserting ``or to establish and
administer a critical industry skills
fund under paragraph (4); and'' ; and
(C) by inserting before the flush left text at the
end the following:
``(C) as described in section 128(a)(3), shall be
used to establish and administer a critical industry
skills fund described in paragraph (4).''.
(2) Required statewide employment and training
activities.--
(A) Statewide rapid response activities.--Section
134(a)(2)(A) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3174(a)(2)(A)) is amended--
(i) in clause (i)--
(I) in subclause (I)--
(aa) by striking
``working'' and inserting ``as
a rapid response unit
working''; and
(bb) by striking ``and'' at
the end;
(II) in subclause (II), by striking
the period at the end and inserting ``;
and''; and
(III) by adding at the end the
following:
``(III) provision of additional
assistance to a local area that has
excess demand for individual training
accounts for dislocated workers in such
local area and requests such assistance
under paragraph (5) of section 414(c)
of the American Competitiveness and
Workforce Improvement Act of 1998 (29
U.S.C. 3224a(5)), upon a determination
by the State that, in using funds
allocated to such local area pursuant
to paragraph (1) of such section 414(c)
and subsection (c)(1)(B) of this
section for the purpose described in
paragraph (2)(A) of such section
414(c), the local area was in
compliance with the requirements of
such section 414(c).''; and
(ii) by adding at the end the following:
``(iii) Insufficient funds to meet excess
demand.--If a State determines that a local
area with excess demand as described in clause
(i)(III) met the compliance requirements
described in such clause, but the State does
not have sufficient funds reserved under
section 133(a)(2) to meet such excess demand,
the State--
``(I) shall notify the Secretary of
such excess demand; and
``(II) if eligible, may apply for a
national dislocated worker grant under
section 170 of this Act.''.
(B) Statewide employment and training activities.--
Section 134(a)(2)(B) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3174(a)(2)(B) is amended--
(i) in clause (i)--
(I) in subclause (III), by striking
``and'' at the end;
(II) in subclause (IV)--
(aa) by inserting ``the
development and education of
staff to increase expertise in
providing opportunities for
covered veterans (as defined in
section 4212(a)(3)(A) of title
38, United States Code) to
enter in-demand industry
sectors or occupations and
nontraditional occupations),''
after ``exemplary program
activities,''; and
(bb) by adding ``and'' at
the end; and
(III) by adding at the end the
following:
``(V) local boards and eligible
training providers in carrying out the
performance reporting required under
section 116(d), including facilitating
data matches for program participants
using quarterly wage record information
(including the wage records made
available by any other State and
information provided from the National
Directory of New Hires in accordance
with section 453(j)(8) of the Social
Security Act (42 U.S.C. 653(j)(8))) and
other sources of information, as
necessary to measure the performance of
programs and activities conducted under
chapter 2 or chapter 3 of this
subtitle;'';
(ii) in clause (v)--
(I) in subclause (II), by striking
``customized training'' and inserting
``employer-directed skills
development''; and
(II) in subclause (VI), by striking
``and'' at the end;
(iii) in clause (vi), by striking the
period at the end and inserting a semicolon;
and
(iv) by adding at the end the following:
``(vii) coordinating (which may be done in
partnership with other States) with industry
organizations, employers (including small and
mid-sized employers), industry or sector
partnerships, training providers, local boards,
and institutions of higher education to
identify or develop competency-based
assessments that are a valid and reliable
method of collecting information with respect
to, and measuring, the prior knowledge, skills,
and abilities of individuals who are adults or
dislocated workers for the purpose of--
``(I) awarding, based on the
knowledge, skills, and abilities of
such an individual validated by such
assessments--
``(aa) a recognized
postsecondary credential that
is used by employers in the
State for recruitment, hiring,
retention, or advancement
purposes;
``(bb) postsecondary credit
toward a recognized
postsecondary credential
aligned with in-demand industry
sectors and occupations in the
State for the purpose of
accelerating attainment of such
credential; and
``(cc) postsecondary credit
for progress along a career
pathway developed by the State
or a local area within the
State;
``(II) developing individual
employment plans under subsection
(c)(2)(B)(vii)(II) that incorporate the
knowledge, skills, and abilities of
such an individual to identify--
``(aa) in-demand industry
sectors or occupations that
require similar knowledge,
skills, and abilities; and
``(bb) any upskilling
needed for the individual to
secure employment in such a
sector or occupation; and
``(III) helping such an individual
communicate such knowledge, skills, and
abilities to prospective employers
through a skills-based resume, profile,
or portfolio; and
``(viii) disseminating to local areas and
employers information relating to the
competency-based assessments identified or
developed pursuant to clause (vii), including--
``(I) any credential or credit
awarded pursuant to items (aa) through
(cc) of clause (vii)(I);
``(II) the industry organizations,
employers, training providers, and
institutions of higher education
located within the State that recognize
the knowledge, skills, and abilities of
an individual validated by such
assessments;
``(III) how such assessments may be
provided to, and accessed by,
individuals through the one-stop
delivery system; and
``(IV) information on the extent to
which such assessments are being used
by employers and local areas in the
State.''.
(3) Allowable statewide employment and training
activities.--Section 134(a)(3)(A) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3174(a)(3)(A))--
(A) in clause (i)--
(i) by inserting ``or evidence-based''
after ``innovative''; and
(ii) by striking ``customized training''
and inserting ``employer-directed skills
development'';
(B) in clause (ii), by inserting ``, or bringing
evidence-based strategies to scale,'' after
``strategies'';
(C) in clause (iii), by striking `` and prior
learning assessment to'' and inserting ``, prior
learning assessment, or a competency-based assessment
identified or developed by the State under paragraph
(2)(B)(vii), to'';
(D) in clause (viii)(II)--
(i) in item (dd), by striking ``and
literacy'' and inserting ``, literacy, and
digital literacy'';
(ii) in item (ee), by striking ``ex-
offenders in reentering the workforce; and''
and inserting `` justice-involved individuals
in reentering the workforce;''; and
(iii) by adding at the end the following:
``(gg) programs under the
Older Americans Act of 1965 (42
U.S.C. 3001 et seq.) that
support employment and economic
security; and'';
(E) in clause (xiii), by striking ``and'' at the
end;
(F) in clause (xiv), by striking the period at the
end and inserting a semicolon; and
(G) by adding at the end the following:
``(xv) supporting employers seeking to
implement skills-based hiring practices, which
may include technical assistance on the use and
validation of employment assessments (including
competency-based assessments developed or
identified by the State pursuant to paragraph
(2)(B)(vii)), and support in the creation of
skills-based job descriptions;
``(xvi) developing partnerships between
educational institutions (including area career
and technical education schools, local
educational agencies, and institutions of
higher education) and employers to create or
improve workforce development programs to
address the identified education and skill
needs of the workforce and the employment needs
of employers in regions of the State, as
determined by the most recent analysis
conducted under subparagraphs (A), (B), and (C)
of section 102(b)(1);
``(xvii) identifying and making available
to residents of the State, free or reduced cost
access to online skills development programs
that are aligned with in-demand industries or
occupations in the State and lead to attainment
of a recognized postsecondary credential valued
by employers in such industries or occupations;
and
``(xviii) establishing and administering a
critical industry skills fund under paragraph
(4).''.
(4) Critical industry skills fund.--Section 134(a) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3174(a)),
as amended, is further amended by adding at the end the
following:
``(4) Critical industry skills fund.--
``(A) Performance-based payments.--A State shall
use funds reserved under paragraph (3)(A) of section
128(a), and any funds reserved under paragraph (3)(B)
of section 128(a), to establish and administer a
critical industry skills fund to award performance-
based payments on a per-worker basis to eligible
entities that provide eligible skills development
programs to prospective workers or incumbent workers
(which may include youth age 18 through age 24) in
industries and occupations identified by the Governor
under subparagraph (B) that will result in employment
or retention with a participating employer.
``(B) Industries and occupations.--
``(i) In general.--The Governor (in
consultation with the State board)--
``(I) shall identify the industries
and occupations for which an eligible
skills development program carried out
by an eligible entity in the State may
receive funds under this paragraph; and
``(II) may select the industries
and occupations identified under
subclause (I) that will receive
priority for funds under this
paragraph.
``(ii) High growth and high wage.--In
selecting industries or occupations to
prioritize pursuant to clause (i)(II), the
Governor may consider--
``(I) industries that have, or are
expected to have, a high rate of growth
and an unmet demand for skilled
workers; and
``(II) occupations--
``(aa) with wages that are
significantly higher than an
occupation of similar level of
skill or needed skill
development; or
``(bb) that are aligned
with career pathways into
higher wage occupations.
``(C) Submission of proposals.--
``(i) In general.--To be eligible to
receive a payment under the critical industry
skills fund established under this paragraph by
a State, an eligible entity shall submit a
proposal to the Governor in such form and at
such time as the Governor may require (subject
to the requirements of clause (ii)), which
shall include--
``(I) a description of the
industries or occupations in which the
participating employer is seeking to
fill jobs, the specific skills or
credentials necessary for an individual
to obtain such a job, and the salary
range of such a job;
``(II) the expected number of
individuals who will participate in the
skills development program to be
carried out by the eligible entity;
``(III) a description of the
eligible skills development program,
including the provider, the length of
the program, the skills to be gained,
and any recognized postsecondary
credentials that will be awarded;
``(IV) the total cost of providing
the program;
``(V) for purposes of receiving a
payment pursuant to subparagraph
(D)(i)(II)(bb), a commitment from the
participating employer in the eligible
entity to employ each participant of
the program for not less than a 6-month
period (or a longer period as
determined by the State) after
successful completion of the program;
and
``(VI) an assurance that the entity
will--
``(aa) establish the
written agreements described in
subparagraph (D)(ii)(I);
``(bb) maintain and submit
the documentation described in
subparagraph (D)(ii)(II); and
``(cc) maintain and submit
the necessary documentation for
the State to verify participant
outcomes and report such
outcomes as described in
subparagraph (F).
``(ii) Administrative burden.--The Governor
shall ensure that the form and manner in which
a proposal required to be submitted under
clause (i) is designed to minimize paperwork
and administrative burden for entities.
``(iii) Approval of subsequent proposals.--
With respect to an eligible entity that has had
a proposal approved by the Governor under this
subparagraph and that submits a subsequent
proposal under this subparagraph, the eligible
entity may only receive approval from the
Governor for the subsequent proposal if--
``(I) with respect to the most
recent proposal approved under this
subparagraph--
``(aa) the skills
development program has ended;
``(bb) for any participants
employed by the participating
employer in accordance with
subparagraph (C)(i)(V), the
minimum periods of such
employment described in such
subparagraph have ended;
``(cc) all the payments
under subparagraph (D) owed to
the eligible entity have been
made; and
``(dd) not fewer than 70
percent of the participants who
enrolled in the skills
development program--
``(AA) completed
such program; and
``(BB) after such
completion, were
employed by the
participating employer
for the minimum period
described in
subparagraph (C)(i)(V);
and
``(II) the eligible entity meets
any other requirements that the
Governor may establish with respect to
eligible entities submitting subsequent
proposals.
``(D) Reimbursement for approved proposals.--
``(i) State requirements.--
``(I) In general.--With respect to
each eligible entity whose proposal
under subparagraph (C) has been
approved by the Governor, the Governor
shall make payments (in an amount
determined by the Governor and subject
to the requirements of subclause (II)
of this clause, subparagraphs (E) and
(G), and any other limitations
determined necessary by the State) from
the critical industry skills fund
established under this paragraph to
such eligible entity for each
participant of the eligible skills
development program described in such
proposal and with respect to whom the
eligible entity meets the requirements
of clause (ii).
``(II) Payments.--In making
payments to an eligible entity under
subclause (I) with respect to a
participant--
``(aa) 50 percent of the
total payment shall be made
after the participant completes
the eligible skills development
program offered by the eligible
entity; and
``(bb) the remaining 50
percent of such total payment
shall be made after the
participant has been employed
by the participating employer
for the minimum period
described in subparagraph
(C)(i)(V).
``(ii) Eligible entity requirements.--To be
eligible to receive the payments described in
clause (i) with respect to a participant, an
eligible entity described in such clause
shall--
``(I) establish a written agreement
with the participant that includes the
information described in subclauses (I)
and (III) of subparagraph (C)(i); and
``(II) submit documentation as the
Governor determines necessary to verify
that such participant has completed the
skills development program offered by
the eligible entity and has been
employed by the participating employer
for the minimum period described in
subparagraph (C)(i)(V).
``(E) Non-federal cost sharing.--
``(i) Limits on federal share.--An eligible
entity may not receive funds under subparagraph
(D) with respect to a participant of the
eligible skills development program offered by
the eligible entity in excess of the following
costs of such program:
``(I) In the case of a
participating employer of such eligible
entity with 25 or fewer employees, 90
percent of the costs.
``(II) In the case of a
participating employer of such eligible
entity with more than 25 employees, but
fewer than 100 employees, 75 percent of
the costs.
``(III) In the case of a
participating employer of such eligible
entity with 100 or more employees, 50
percent of the costs.
``(ii) Non-federal share.--
``(I) In general.--Any costs of the
skills development program offered to a
participant by such eligible entity
that are not covered by the funds
received under subparagraph (D) shall
be the non-Federal share provided by
the eligible entity (in cash or in-
kind).
``(II) Employer cost sharing.--If
the eligible skills development program
is being provided on-the-job, the non-
Federal share provided by an eligible
entity may include the amount of the
wages paid by the participating
employer of the eligible entity to a
participant while such participant is
receiving the training.
``(F) Performance reporting.--
``(i) In general.--The State shall use the
participant information provided by eligible
entities to submit to the Secretary a report,
on an annual basis, with respect to the
participants of the eligible skills development
programs for which the eligible entities
received funds under this paragraph for the
most recent program year, which shall--
``(I) be made digitally available
by the Secretary using linked, open,
and interoperable data, which shall
include; and
``(II) include--
``(aa) the number of
individuals who participated in
programs, unless such
information would reveal
personally identifiable
information about an
individual); and
``(bb) performance outcomes
on the measures listed in
clause (ii).
``(ii) Measures.--The measures listed below
are as follows:
``(I) The percentage of
participants who completed the skills
development program.
``(II) The percentage of
participants who were employed by the
participating employer for a 6-month
period after program completion.
``(III) The percentage of
participants who were employed by the
participating employer as described in
subclause (II), and who remained
employed by the participating employer
1 year after program completion.
``(IV) The median earnings of
program participants who are in
unsubsidized employment during the
second quarter after program
completion.
``(V) The median earnings increase
of program participants, measured by
comparing the earning of a participant
in the second quarter prior to entry
into the program to the earnings of
such participant in the second quarter
following completion of the program.
``(G) Definitions.--In this paragraph:
``(i) Eligible entity.--The term `eligible
entity' means an employer, a group of
employers, an industry or sector partnership,
or another entity serving as an intermediary
(such as a local board) that is in a
partnership with at least one employer in an
industry or occupation identified by the
Governor under subparagraph (B)(i) (referred to
in this paragraph as the `participating
employer').
``(ii) Eligible skills development
program.--The term `eligible skills development
program', with respect to which a State may set
a maximum and minimum length (in weeks)--
``(I) includes work-based education
or related occupational skills
instruction that--
``(aa) develops the
specific technical skills
necessary for successful
performance of the occupations
in which participants are to be
employed upon completion; and
``(bb) may be provided by
the eligible entity or by any
training provider selected by
the eligible entity and that is
not required to be on a list of
eligible providers of training
services described in section
122(d); and
``(II) may not include employee
onboarding, orientation, or
professional development generally
provided to employees.''.
(5) State-imposed requirements.--Section 134(a) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3174(a)),
as amended, is further amended by adding at the end the
following:
``(5) State-imposed requirements.--Whenever a State or
outlying area implements any rule or policy relating to the
administration or operation of activities authorized under this
title that has the effect of imposing a requirement that is not
imposed under Federal law, or is not a requirement, process, or
criteria that the Governor or State is directed to establish
under Federal law, the State or outlying area shall identify to
local areas and eligible providers the requirement as being
imposed by the State or outlying area.''.
(b) Required Local Employment and Training Activities.--
(1) Minimum amount for skills development.--Section
134(c)(1) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3174(c)(1)) is amended--
(A) in subparagraph (A)(iv), by striking ``to'' and
inserting ``to provide business services described in
paragraph (4) and'';
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A), as so
amended, the following:
``(B) Minimum amount for skills development.--Not
less than 50 percent of the funds described in
subparagraph (A) shall be used by the local area--
``(i) for the payment of training
services--
``(I) provided to adults under
paragraph (3)(F)(iii); and
``(II) provided to adults and
dislocated workers under paragraph
(3)(G)(ii); and
``(ii) for the payment of training services
under paragraph (2)(A) of section 414(c) of the
American Competitiveness and Workforce
Improvement Act of 1998 (29 U.S.C. 3224a(c))
after funds allocated to such local area under
paragraph (1) of such section 414(c) have been
exhausted.''; and
(D) in subparagraph (C), as so redesignated, by
striking ``and (ii)'' and inserting ``, (ii), and
(iv)''.
(2) Career services.--Section 134(c)(2) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3174(c)(2)) is
amended--
(A) by redesignating subparagraphs (A) through (C)
as subparagraphs (B) through (D), respectively;
(B) by inserting before subparagraph (B), as so
redesignated, the following:
``(A) Basic career services.--
``(i) In general.--The one-stop delivery
system--
``(I) shall coordinate with the
Employment Service office colocated
with the one-stop delivery system for
such Employment Service office to
provide, using the funds allotted to
the State under section 6 of the
Wagner-Peyser Act (29 U.S.C. 49e),
basic career services, which shall--
``(aa) include, at a
minimum, the services listed in
clause (ii); and
``(bb) be available to
individuals who are adults or
dislocated workers in an
integrated manner to streamline
access to assistance for such
individuals, to avoid
duplication of services, and to
enhance coordination of
services; and
``(II) may use funds allocated
under paragraph (1)(A), as necessary,
to supplement the services that are
provided pursuant to subclause (I) to
individuals who are adults or
dislocated workers.
``(ii) Services.--The basic career services
provided pursuant to clause (i) shall include--
``(I) provision of workforce and
labor market employment statistics
information, including the provision of
accurate (and, to the extent
practicable, real-time) information
relating to local, regional, and
national labor market areas,
including--
``(aa) job vacancy listings
in such labor market areas;
``(bb) information on job
skills necessary to obtain the
jobs described in item (aa);
and
``(cc) information relating
to local occupations in demand
(which may include
entrepreneurship
opportunities), and the
earnings, skill requirements,
and opportunities for
advancement for such
occupations;
``(II) labor exchange services,
including job search and placement
assistance and, in appropriate cases,
career counseling, including--
``(aa) provision of
information on in-demand
industry sectors and
occupations;
``(bb) provision of
information on nontraditional
employment; and
``(cc) provision of
information on
entrepreneurship, as
appropriate;
``(III)(aa) provision of
information, in formats that are usable
by and understandable to one-stop
center customers, relating to the
availability of supportive services or
assistance, including child care, child
support, medical or child health
assistance under title XIX or XXI of
the Social Security Act (42 U.S.C. 1396
et seq. and 1397aa et seq.), benefits
under the supplemental nutrition
assistance program established under
the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.), assistance
through the earned income tax credit
under section 32 of the Internal
Revenue Code of 1986, and assistance
under a State program for temporary
assistance for needy families funded
under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.)
and other supportive services and
transportation provided through funds
made available under such part,
available in the local area; and
``(bb) referral to the services or
assistance described in item (aa), as
appropriate;
``(IV) provision of information and
assistance regarding filing claims for
unemployment compensation; and
``(V) assistance in establishing
eligibility for programs of financial
aid assistance for training and
education programs that are not funded
under this Act.'';
(C) in subparagraph (B), as so redesignated--
(i) in the heading, by striking the heading
and inserting ``Individualized career'';
(ii) by inserting ``individualized'' before
``career services'';
(iii) by inserting ``shall, to the extent
practicable, be evidence-based,'' before ``and
shall'';
(iv) in clause (iii), by inserting ``, and
a determination (considering factors including
prior work experience, military service,
education, and in-demand industry sectors and
occupations in the local area) of whether such
an individual would benefit from a competency-
based assessment developed or identified by the
State pursuant to subsection (a)(2)(B)(vii) to
accelerate the time to obtaining employment
that leads to economic self-sufficiency or
career advancement'' before the semi-colon at
the end;
(v) by striking clauses (iv), (vi), (ix),
(x), and (xi);
(vi) by redesignating clauses (v), (vii),
(viii), (xii), and (xiii) as clauses (iv), (v),
(vi), (vii), and (viii), respectively;
(vii) in clause (v), as so redesignated, by
inserting ``and credential'' after ``by
program''; and
(viii) in clause (vii)(I)(aa), as so
redesignated, by inserting ``, including a
competency-based assessment developed or
identified by the State pursuant to subsection
(a)(2)(B)(vii)'' after ``tools'';
(D) by amending subparagraph (C), as so
redesignated, to read as follows:
``(C) Use of previous assessments.--A one-stop
operator or one-stop partner shall not be required to
conduct a new interview, evaluation, or assessment of a
participant under subparagraph (B)(vii) if the one-stop
operator or one-stop partner determines that--
``(i) it is appropriate to use a recent
interview, evaluation, or assessment of the
participant conducted pursuant to another
education or training program; and
``(ii) using such recent interview,
evaluation, or assessment will accelerate an
eligibility determination.''; and
(E) in subparagraph (D), as so redesignated--
(i) by inserting ``individualized'' before
``career''; and
(ii) in clause (ii), by inserting ``,
libraries, and community-based organizations''
after ``nonprofit service providers''.
(3) Training services.--Section 134(c)(3) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3174(c)(3)) is
amended--
(A) in subparagraph (A)--
(i) in clause (i), in the matter preceding
subclause (I), by striking ``clause (ii)'' and
inserting ``clause (ii) or (iii)''
(ii) in clause (i)(II)--
(I) by striking ``or in'' and
inserting ``in'' and
(II) by inserting ``, or that may
be performed remotely'' after
``relocate'';
(iii) by redesignating clause (iii) as
clause (iv);
(iv) by inserting after clause (ii) the
following:
``(iii) Employer referral.--
``(I) In general.--A one-stop
operator or one-stop partner shall not
be required to conduct an interview,
evaluation, or assessment of an
individual under clause (i)(I) if such
individual--
``(aa) is referred by an
employer to receive on-the-job
training or employer-directed
skills development in
connection with that employer;
and
``(bb) has been certified
by the employer as being in
need of training services to
obtain unsubsidized employment
with such employer and having
the skills and qualifications
to successfully participate in
the selected program of
training services.
``(II) Priority.--A one-stop
operator or one-stop partner shall
follow the priority described in
subparagraph (E) to determine whether
an individual that meets the
requirements of subclause (I) of this
clause is eligible to receive training
services.''; and
(v) by adding at the end the following:
``(v) Adult education and family literacy
activities.--In the case of an individual who
is determined to not have the skills and
qualifications to successfully participate in
the selected program of training services under
clause (i)(I)(cc), the one-stop operator or
one-stop partner shall refer such individual to
adult education and literacy activities under
title II, including for co-enrollment in such
activities, as appropriate.'';
(B) in subparagraph (B)--
(i) in clause (i)--
(I) in subclause (I), by striking
``other grant assistance for such
services, including'' and inserting
``assistance for such services under'';
and
(II) by striking ``under other
grant assistance programs, including''
and inserting ``under''; and
(ii) by adding at the end the following:
``(iv) Participation during eligibility
determination.--An individual may participate
in a program of training services during the
period which such individual's eligibility for
training services under clause (i) is being
determined, except that the provider of such a
program shall only receive reimbursement under
this Act for the individual's participation
during such period if such individual is
determined to be eligible under clause (i).'';
(C) in subparagraph (D)(xi), by striking
``customized training'' and inserting ``employer-
directed skills development'';
(D) in subparagraph (E)--
(i) by striking ``are basic skills
deficient'' and inserting ``have foundational
skill needs''; and
(ii) by striking ``paragraph (2)(A)(xii)''
and inserting ``paragraph (2)(B)(vii)'';
(E) in subparagraph (G)(ii)--
(i) in subclause (II), by striking
``customized training'' and inserting
``employer-directed skills development''; and
(ii) in subclause (IV), by striking ``is
a'' and inserting ``is an evidence-based'';
(F) in subparagraph (H)--
(i) in clause (i), by striking
``reimbursement described in section 3(44)''
and inserting ``reimbursement described in the
definition of the term ``on-the-job training''
in section 3''; and
(ii) in clause (ii)--
(I) in subclause (I), by inserting
``, such as the extent to which
participants are individuals with
barriers to employment'' after
``participants''; and
(II) in subclause (III), by
inserting ``, including whether the
skills a participant will obtain are
transferable to other employers,
occupations, or industries in the local
area or the State'' after
``opportunities''; and
(G) by adding at the end the following:
``(I) Employer-directed skills development.--An
employer may receive a contract from a local board to
provide employer-directed skills development to a
participant or group of participants if the employer
submits to the local board an agreement that
establishes--
``(i) the provider of the skills
development program, which may be the employer;
``(ii) the length of the skills development
program;
``(iii) the recognized postsecondary
credentials that will be awarded to, or the
occupational skills that will be gained by,
program participants;
``(iv) the cost of the skills development
program;
``(v) the amount of such cost that will be
paid by the employer, which shall not be less
than the amount specified in subparagraph (C)
of the definition of the term `employer-
directed skills development' in section 3; and
``(vi) a commitment by the employer to
employ the participating individual or
individuals upon successful completion of the
program.''.
(c) Business Services.--Section 134(c) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3174(c)) is further amended--
(1) in paragraph (1)(A)(iv), by inserting ``provide
business services described in paragraph (4) and'' before
``establish''; and
(2) by adding at the end the following:
``(4) Business services.--Funds described in paragraph (1)
shall be used to provide appropriate recruitment and other
business services and strategies on behalf of employers,
including small employers, that meet the workforce investment
needs of area employers, as determined by the local board and
consistent with the local plan under section 108, which
services--
``(A) may be provided through effective business
intermediaries working in conjunction with the local
board, and may also be provided on a fee-for-service
basis or through the leveraging of economic
development, philanthropic, and other public and
private resources in a manner determined appropriate by
the local board; and
``(B) may include one or more of the following:
``(i) Developing and implementing industry
sector strategies (including strategies
involving industry partnerships, regional
skills alliances, industry skill panels, and
sectoral skills partnerships).
``(ii) Developing and delivering innovative
workforce investment services and strategies
for area employers, which may include career
pathways, skills upgrading, skill standard
development and certification for recognized
postsecondary credential or other employer use,
apprenticeship, and other effective initiatives
for meeting the workforce investment needs of
area employers and workers.
``(iii) Assistance to area employers in
managing reductions in force in coordination
with rapid response activities provided under
subsection (a)(2)(A) and developing strategies
for the aversion of layoffs, which strategies
may include early identification of firms at
risk of layoffs, use of feasibility studies to
assess the needs of and options for at-risk
firms, and the delivery of employment and
training activities to address risk factors.
``(iv) The marketing of business services
offered under this title to appropriate area
employers, including small and mid-sized
employers.
``(v) Technical assistance or other support
to employers seeking to implement skills-based
hiring practices, which may include technical
assistance on the use and validation of
employment assessments, including competency-
based assessments developed or identified by
the State pursuant to paragraph (2)(B)(vii),
and support in the creation of skills-based job
descriptions.
``(vi) Other services described in this
subsection, including providing information and
referral to microenterprise services, as
appropriate, and specialized business services
not traditionally offered through the one-stop
delivery system.''.
(d) Permissible Local Employment and Training Activities.--
(1) Activities.--Section 134(d)(1)(A) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3174(d)(1)(A)) is
amended--
(A) by amending clause (iii) to read as follows:
``(iii) implementation of a pay-for-
performance contract strategy for training
services, for which the local board may reserve
and use not more than 40 percent of the total
funds allocated to the local area under
paragraph (2) or (3) of section 133(b), except
that after 2 fiscal years of a local board
implementing such pay-for-performance contract
strategy, the local board may request approval
from the Governor to reserve and use not more
than 60 percent of the total funds allocated to
the local area under paragraph (2) or (3) of
section 133(b) for such strategy for the
following fiscal year if the local board can
demonstrate to the Governor the performance
improvements achieved through the use of such
strategy;'';
(B) in clause (vii)--
(i) in subclause (II), by striking ``and''
at the end;
(ii) in subclause (III), by inserting
``and'' at the end; and
(iii) by adding at the end the following:
``(IV) to strengthen, through
professional development activities,
the knowledge and capacity of staff to
use the latest digital technologies,
tools, and strategies to deliver high
quality services and outcomes for
jobseekers, workers, and employers;'';
(C) in clause (ix)(II)--
(i) in item (cc), by striking ``and'' at
the end;
(ii) in item (dd), by inserting ``and'' at
the end; and
(iii) by adding at the end the following:
``(ee) technical assistance
or other support to employers
seeking to implement skills-
based hiring practices, which
may include technical
assistance on the use and
validation of employment
assessments, including
competency-based assessments
developed or identified by the
State pursuant to paragraph
(2)(B)(vii), and support in the
creation of skills-based job
descriptions;'';
(D) in clause (xi), by striking ``and'' at the end;
(E) in clause (xii), by striking the period at the
end and inserting a semicolon; and
(F) by adding at the end the following:
``(xiii) the use of competency-based
assessments for individuals upon initial
assessment of skills (pursuant to subsection
(c)(2)(A)(iii)) or completion of training
services or other learning experiences; and
``(xiv) the development of partnerships
between educational institutions (including
area career and technical education schools,
local educational agencies, and institutions of
higher education) and employers to create or
improve workforce development programs to
address the identified education and skill
needs of the workforce and the employment needs
of employers in a region, as determined based
on the most recent analysis conducted by the
local board under section 107(d)(2).''.
(2) Incumbent worker training programs.--
(A) In general.--Section 134(d)(4)(A) of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3174(d)(4)(A)) is amended--
(i) in clause (i), by striking ``20'' and
inserting ``30'''
(ii) by redesignating clauses (ii) and
(iii) as clauses (iii) and (iv), respectively;
and
(iii) by inserting after clause (i) the
following:
``(ii) Increase in reservation of funds.--
Notwithstanding clause (i)--
``(I) with respect to a local area
that had a rate of unemployment of not
more than 3 percent for not less than 6
months during the preceding program
year, clause (i) shall be applied by
substituting `40 percent' for `30
percent'; or
``(II) with respect to a local area
that meets the requirement in subclause
(I) and is located in a State that had
a labor force participation rate of not
less than 68 percent for not less than
6 months during the preceding program
year, clause (i) shall be applied by
substituting `45 percent' for `30
percent'.''.
(B) Incumbent worker upskilling accounts.--Section
134(d)(4) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3174(d)(4)) is further amended by adding
at the end the following:
``(E) Incumbent worker upskilling accounts.--
``(i) In general.--To establish incumbent
worker upskilling accounts through which an
eligible provider of training services under
section 122 may be paid for the program of
training services provided to an incumbent
worker, a local board--
``(I) (aa) may use, from the funds
reserved by the local area under
subparagraph (A)(i), an amount that
does not exceed 5 percent of the funds
allocated to such local area under
section 133(b); or
``(bb) if the local area reserved
funds under subparagraph (A)(ii), may
use, from the funds reserved by the
local area under subparagraph (A)(ii),
an amount that does not exceed 10
percent of the funds allocated to such
local area under section 133(b); and
``(II) may use funds reserved under
section 134(a)(2)(A) for statewide
rapid response activities and provided
by the State to local area to establish
such accounts.
``(ii) Eligibility.--
``(I) In general.--Subject to
subclause (II), a local board that
seeks to establish incumbent worker
upskilling accounts under clause (i)
shall establish criteria for
determining the eligibility of an
incumbent worker to receive such an
account, which shall take into account
factors of--
``(aa) the wages of the
incumbent worker as of the date
of determining such worker's
eligibility under this clause;
``(bb) the career
advancement opportunities for
the incumbent worker in the
occupation of such worker as of
such date; and
``(cc) the ability of the
incumbent worker to, upon
completion of the program of
training services selected by
such worker, secure employment
in an in-demand industry or
occupation in the local area
that will lead to economic
self-sufficiency and wages
higher than the current wages
of the incumbent worker.
``(II) Limitation.--
``(aa) In general.--An
incumbent worker described in
item (bb) shall be ineligible
to receive an incumbent worker
upskilling account under this
subparagraph.
``(bb) Ineligibility.--Item
(aa) shall apply to an
incumbent worker--
``(AA) whose total
annual wages for the
most recent year are
greater than the median
household income of the
State; or
``(BB) who has
earned a baccalaureate
or professional degree.
``(iii) Cost sharing for certain incumbent
workers.--With respect to an incumbent worker
determined to be eligible to receive an
incumbent worker upskilling account who is not
a low-income individual--
``(I) such incumbent worker shall
pay not less than 25 percent of the
cost of the program of training
services selected by such worker; and
``(II) funds provided through the
incumbent worker upskilling account
established for such worker shall cover
the remaining 75 percent of the cost of
the program.''.
CHAPTER 4--AUTHORIZATION OF APPROPRIATIONS
SEC. 145. AUTHORIZATION OF APPROPRIATIONS.
Section 136 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3181) is amended to read as follows:
``SEC. 136. AUTHORIZATION OF APPROPRIATIONS.
``(a) Youth Workforce Investment Activities.--There are authorized
to be appropriated to carry out the activities described in section
127(a) $976,573,900 for each of the fiscal years 2025 through 2030.
``(b) Adult Employment and Training Activities.--There are
authorized to be appropriated to carry out the activities described in
section 132(a)(1) $912,218,500 for each of the fiscal years 2025
through 2030.
``(c) Dislocated Worker Employment and Training Activities.--There
are authorized to be appropriated to carry out the activities described
in section 132(a)(2) $1,451,859,000 for each of the fiscal years 2025
through 2030.''.
Subtitle D--Job Corps
SEC. 151. PURPOSES.
Section 141 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3191) is amended by striking ``centers'' each place it appears
and inserting ``campuses''.
SEC. 152. DEFINITIONS.
Section 142 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3192) is amended--
(1) in paragraphs (1), (7), (8), and (10), by striking
``center'' each place it appears and inserting ``campus''; and
(2) in paragraph (7), by striking ``center'' in the header
and inserting ``campus''.
SEC. 153. INDIVIDUALS ELIGIBLE FOR THE JOB CORPS.
Section 144 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3194) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``21'' and inserting
``24'';
(ii) by amending subparagraph (A) to read
as follows:
``(A) an individual who is age 16 or 17 shall be
eligible only upon an individual determination by the
director of a Job Corps campus that such individual
meets the criteria described in subparagraph (A) or (B)
of section 145(b)(1); and''; and
(iii) in subparagraph (B), by striking
``either'';
(B) in paragraph (2), by inserting after
``individual'' the following: ``or a resident of a
qualified opportunity zone as defined in section 1400Z-
1(a) of the Internal Revenue Code of 1986''; and
(C) in paragraph (3), by amending subparagraph (A)
to read as follows:
``(A) Has foundational skill needs.'';
(2) in subsection (b), by inserting after ``a veteran'' the
following: ``or a member of the Armed Forces eligible for
preseparation counseling of the Transition Assistance Program
under section 1142 of title 10, United States Code''; and
(3) by inserting at the end the following:
``(c) Special Rule for Homeless and Foster Youth.--In determining
whether an individual is eligible to enroll for services under this
subtitle on the basis of being an individual who is a homeless child or
youth, or a youth in foster care, as described in subsection (a)(3)(C),
staff shall--
``(1) if determining whether the individual is a homeless
child or youth, use a process that is in compliance with the
requirements of subsection (a) of section 479D of the Higher
Education Act of 1965, as added by section 702(l) of the FAFSA
Simplification Act (Public Law 116-260), for financial aid
administrators; and
``(2) if determining whether the individual is a youth in
foster care, use a process that is in compliance with the
requirements of subsection (b) of such section 479D of the
Higher Education Act of 1965, as added by section 702(l) of the
FAFSA Simplification Act (Public Law 116-260), for financial
aid administrators.''.
SEC. 154. RECRUITMENT, SCREENING, SELECTION, AND ASSIGNMENT OF
ENROLLEES.
Section 145 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3195) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) by amending subparagraph (A) to read as
follows:
``(A) prescribe procedures for--
``(i) administering drug tests to
enrollees; and
``(ii) informing such enrollees that drug
tests will be administered;'';
(ii) in subparagraph (D), by striking
``and'';
(iii) in subparagraph (E), by striking the
period and inserting ``; and''; and
(iv) by adding at the end the following:
``(F) assist applicable one-stop centers and other
entities identified in paragraph (3) in developing
joint applications for Job Corps, YouthBuild, and the
youth activities described in section 129.''; and
(B) by adding at the end the following:
``(6) Drug test procedures.--The procedures prescribed
under paragraph (2)(A)(i) shall require that--
``(A) each enrollee take a drug test not more than
48 hours after such enrollee arrives on campus;
``(B) if the result of the drug test taken by an
enrollee pursuant to subparagraph (A) is positive, the
enrollee take a subsequent drug test at the earliest
appropriate time (considering the substance and potency
levels identified in the initial test) to determine if
the enrollee has continued to use drugs since arriving
on campus, the results of which must be received not
later than 50 days after the enrollee arrived on
campus; and
``(C) if the result of the subsequent test
administered under subparagraph (B) is positive, the
enrollee be terminated from the program and referred to
a substance use disorder treatment program.''; and
(2) in subsections (b), (c), and (d)--
(A) by striking ``center'' each place it appears
and inserting ``campus''; and
(B) by striking ``centers'' each place it appears
and inserting ``campus''.
SEC. 155. JOB CORPS CAMPUSES.
Section 147 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3197) is amended--
(1) in the header, by striking ``centers'' and inserting
``campuses'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``center'' each place it
appears and inserting ``campus''; and
(ii) in subparagraph (A), by inserting
after ``area career and technical education
school,'' the following: ``an institution of
higher education,'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``center'' each
place it appears and inserting
``campus''; and
(II) by inserting after ``United
States Code,'' the following: ``and
paragraph (2)(C)(iii) of section
159(f),''; and
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by striking ``operate
a Job Corps center'' and
inserting ``operate a Job Corps
campus'';
(bb) by striking subclause
(IV);
(cc) by redesignating
subclauses (I), (II), (III),
and (V), as subclauses (III),
(IV), (V), and (VI),
respectively;
(dd) by inserting before
subclause (III), as so
redesignated, the following:
``(I) (aa) in the case of an entity
that has previously operated a Job
Corps campus, a numeric metric of the
past achievement on the primary
indicators of performance for eligible
youth described in section
116(b)(2)(A)(ii); or
``(bb) in the case of an entity
that has not previously operated a Job
Corps campus, an alternative numeric
metric on the past effectiveness of the
entity in successfully assisting at-
risk youth to connect to the labor
force, based on such primary indicators
of performance for eligible youth;
``(II) in the case of an entity
that has previously operated a Job
Corps campus, any information regarding
the entity included in any report
developed by the Office of Inspector
General of the Department of Labor;'';
(ee) in subclauses (III)
and (IV), as so redesignated,
by striking ``center'' each
place it appears and inserting
``campus'';
(ff) in subclause (V), as
so redesignated, by striking
``center is located'' and
inserting ``campus is located,
including agreements to provide
off-campus work-based learning
opportunities aligned with the
career and technical education
provided to enrollees''; and
(gg) by amending subclause
(VI), as so redesignated, to
read as follows:
``(VI) the ability of the entity to
implement an effective behavior
management plan, as described in
section 152(a), and maintain a safe and
secure learning environment for
enrollees.''; and
(II) in clause (ii), by striking
``center'' and inserting ``campus'';
(C) in paragraph (3)--
(i) by striking ``center'' each place it
appears and inserting ``campus'';
(ii) in subparagraph (D), by inserting
after ``is located'' the following: ``,
including agreements to provide off-campus
work-based learning opportunities aligned with
the career and technical education provided to
enrollees'';
(iii) by redesignating subparagraphs (E),
(F), (G), (H), (I), (J), and (K) as
subparagraphs (F), (G), (H), (I), (J), (K), and
(L), respectively; and
(iv) by inserting after subparagraph (D)
the following:
``(E) A description of the policies that will be
implemented at the campus regarding security and access
to campus facilities, including procedures to report on
and respond to criminal actions and other emergencies
occurring on campus.'';
(3) in subsection (b)--
(A) in the header, by striking ``Centers'' and
inserting ``Campuses'';
(B) by striking ``center'' each place it appears
and inserting ``campus'';
(C) by striking ``centers'' each place it appears
and inserting ``campuses'';
(D) in paragraph (2)(A), by striking ``20 percent''
and inserting ``25 percent''; and
(E) by striking paragraph (3);
(4) in subsection (c)--
(A) by striking ``centers'' and inserting
``campuses''; and
(B) by striking ``20 percent'' and inserting ``30
percent'';
(5) in subsection (d) by striking ``centers'' each place it
appears and inserting ``campuses'';
(6) in subsection (e)(1), by striking ``centers'' and
inserting ``campuses'';
(7) in subsection (f), by striking ``2-year period'' and
inserting ``3-year period''; and
(8) in subsection (g)--
(A) by striking ``center'' each place it appears
and inserting ``campus'';
(B) in paragraph (1)--
(i) by striking subparagraph (A);
(ii) by redesignating subparagraph (B) as
subparagraph (A);
(iii) by amending subparagraph (A), as so
redesignated--
(I) by striking ``50 percent'' and
inserting ``80 percent''; and
(II) by striking the period at the
end and inserting ``; or''; and
(iv) by inserting after subparagraph (A),
as so redesignated and amended, the following:
``(B) failed to achieve an average of 80 percent of
the level of enrollment that was agreed to in the
agreement described in subsection (a)(1)(A).'';
(C) in paragraph (3) by striking ``shall provide''
and inserting ``shall provide, at least 30 days prior
to renewing the agreement''; and
(D) in paragraph (4)--
(i) in subparagraph (C), by striking
``and'' after the semicolon;
(ii) by redesignating subparagraph (D) as
subparagraph (E); and
(iii) by inserting after subparagraph (C)
the following:
``(D) has maintained a safe and secure campus
environment; and''.
SEC. 156. PROGRAM ACTIVITIES.
Section 148 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3198) is amended--
(1) in subsection (a)--
(A) by striking ``center'' and inserting
``campus'';
(B) in paragraph (1), by inserting before the
period at the end the following: ``, and productive
activities, such as tutoring or other skills
development opportunities, for enrollees to participate
in outside of regular class time and work hours in
order to increase supervision of enrollees and reduce
behavior infractions''; and
(2) in subsection (c)--
(A) by striking ``centers'' each place it appears
and inserting ``campuses''; and
(B) in paragraph (1)--
(i) by striking ``the eligible providers''
and inserting ``any eligible provider''; and
(ii) by inserting after ``under section
122'' the following: ``that is aligned with the
career and technical education an enrollee has
completed''.
SEC. 157. SUPPORT.
Section 150 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3200) is amended--
(1) in subsection (a), by striking ``centers'' and
inserting ``campuses''; and
(2) by adding at the end the following:
``(d) Period of Transition.--Notwithstanding the requirements of
section 146(b), a Job Corps graduate may remain an enrollee and a
resident of a Job Corps campus for not more than one month after
graduation as such graduate transitions into independent living and
employment if such graduate--
``(1) has not had a behavioral infraction in the 90 days
prior to graduation; and
``(2) receives written approval from the director of the
Job Corps campus to remain such a resident.''.
SEC. 158. OPERATIONS.
Section 151 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3201) is amended--
(1) by striking ``center'' each place it appears and
inserting ``campus''; and
(2) by adding at the end the following:
``(d) Local Authority.--
``(1) In general.--Subject to the limitations of the budget
approved by the Secretary for a Job Corps campus, the operator
of a Job Corps campus shall have the authority, without prior
approval from the Secretary, to--
``(A) hire staff and provide staff professional
development;
``(B) set terms and enter into agreements with
Federal, State, or local educational partners, such as
secondary schools, institutions of higher education,
child development centers, units of Junior Reserve
Officer Training Corps programs established under
section 2031 of title 10, United States Code, or
employers; and
``(C) engage with and educate stakeholders about
Job Corps operations and activities.
``(2) Limitation of liability.--In the case of an agreement
described in paragraph (1)(B) that does not involve the Job
Corps operator providing monetary compensation to the entity
involved in such agreement from the funds made available under
this subtitle, such agreement shall not be considered a
subcontract (as defined in section 8701 of title 41, United
States Code).
``(e) Prior Notice.--Prior to making a change to the agreement
described in section 147(a) or an operating plan described in this
section, the Secretary shall solicit from the operators of the Job
Corps campuses information on any operational costs the operators
expect to result from such change.''.
SEC. 159. STANDARDS OF CONDUCT.
Section 152 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3202) is amended--
(1) by striking ``centers'' each place it appears and
inserting ``campuses'';
(2) in subsection (a), by inserting ``As part of the
operating plan required under section 151(a), the director of
each Job Corps campus shall develop and implement a behavior
management plan consistent with the standards of conduct and
subject to the approval of the Secretary.'' at the end; and
(3) in subsection (b)(2)(A), by striking ``or disruptive'';
(4) by amending subsection (c) to read as follows:
``(c) Appeal Process.--
``(1) Enrollee appeals.--A disciplinary measure taken by a
director under this section shall be subject to expeditious
appeal in accordance with procedures established by the
Secretary.
``(2) Director appeals.--
``(A) In general.--The Secretary shall establish an
appeals process under which the director of a Job Corps
campus may submit a request that an enrollee who has
engaged in an activity which is a violation of the
guidelines established pursuant to subsection (b)(2)(A)
remain enrolled in the program, but be subject to other
disciplinary actions.
``(B) Contents.--An request under paragraph (A)
shall include--
``(i) a signed certification from the
director attesting that, to the belief of the
director, the continued enrollment of such
enrollee would not impact the safety or
learning environment of the campus; and
``(ii) the behavioral records of such
enrollee.
``(C) Timeline.--The Secretary shall review such
appeal and either approve or deny the appeal within 30
days of receiving such appeal.
``(D) Ineligibility for appeal.--The Secretary
shall reject an appeal made by a director of a Job
Corps campus if such campus has been found out of
compliance with the requirements under subsection (d)
at any time during the previous 5 years.''; and
(5) by adding at the end the following:
``(d) Incident Reporting.--
``(1) In general.--The Secretary shall require that the
director of a Job Corps campus report to the appropriate
regional office--
``(A) not later than 2 hours after the campus
management becomes aware of the occurrence of--
``(i) an enrollee or on-duty staff death;
``(ii) any incident--
``(I) requiring law enforcement
involvement;
``(II) involving a missing minor
student; or
``(III) where substantial property
damage has occurred; or
``(iii) a level 1 infraction;
``(B) in the case of a level 2 infraction, on a
quarterly basis, including the number and type of such
infractions that occurred during such time period; and
``(C) in the case of a minor infraction, as
determined necessary by the Secretary.
``(2) Infractions defined.--In this subsection:
``(A) Level 1 infraction.--The term `level 1
infraction' means an activity described in subsection
(b)(2)(A).
``(B) Level 2 infraction.--The term `level 2
infraction' means an activity, other than a level 1
infraction, determined by the Secretary to be a serious
infraction.
``(C) Minor infraction.--The term `minor
infraction' means an activity, other than a level 1 or
2 infraction, determined by the Secretary to be an
infraction.
``(3) Law enforcement agreements.--The director of each Job
Corps campus shall enter into an agreement with the local law
enforcement agency with jurisdiction regarding procedures for
the prompt reporting and investigation of potentially illegal
activity on Job Corps campuses.''.
SEC. 160. COMMUNITY PARTICIPATION.
Section 153 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3203) is amended--
(1) by striking ``center'' each place it appears and
inserting ``campus'';
(2) by striking ``centers'' each place it appears and
inserting ``campuses''; and
(3) in subsection (c), in the heading, by striking
``Centers'' and inserting ``Campuses''.
SEC. 161. WORKFORCE COUNCILS.
Section 154 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3204) is amended--
(1) by striking ``center'' each place it appears and
inserting ``campus'';
(2) in subsection (d), in the heading, by striking ``New
Centers'' and inserting ``New Campuses''.
SEC. 162. ADVISORY COMMITTEES.
Section 155 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3205) is amended--
(1) by striking ``The Secretary'' and inserting ``(a) In
General.--The Secretary'';
(2) by striking ``centers'' and inserting ``campuses''
(3) by striking ``center'' and inserting ``campus''; and
(4) by adding at the end the following:
``(b) Advisory Committee to Improve Job Corps Safety.--Not later
than 6 months after the date of enactment of the A Stronger Workforce
for America Act, the Secretary shall establish an advisory committee to
provide recommendations on effective or evidence-based strategies to
improve--
``(1) safety, security, and learning conditions on Job
Corps campuses; and
``(2) the standards for campus safety established under
section 159(c)(4).''.
SEC. 163. EXPERIMENTAL PROJECTS AND TECHNICAL ASSISTANCE.
Section 156 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3206) is amended--
(1) by striking ``center'' and inserting ``campus'';
(2) by striking ``centers'' and inserting ``campuses'';
(3) by redesignating subsection (b) as subsection (c);
(4) by inserting the following after subsection (a):
``(b) Job Corps Scholars.--
``(1) In general.--The Secretary may award grants, on a
competitive basis, to institutions of higher education to
enroll cohorts of Job Corps eligible youth in Job Corps
Scholars activities for a 24-month period and pay the tuition
and necessary costs for enrollees for such period.
``(2) Activities.--Job Corps Scholar activities shall
include--
``(A) intensive counseling services and supportive
services;
``(B) a 12-month career and technical education
component aligned with in-demand industries and
occupations in the State where the institution of
higher education that is receiving the grant is
located; and
``(C) a 12-month employment placement period that
follows the component described in subparagraph (B).
``(3) Performance data.--The Secretary shall collect
performance information from institutions of higher education
receiving grants under this subsection on the primary
indicators of performance for eligible youth described in
section 116(b)(2)(A)(ii), the cost per participant and cost per
graduate, and other information as necessary to evaluate the
success of Job Corps Scholars grantees in improving outcomes
for at-risk youth.
``(4) Evaluation.--At the end of each 2-year period for
which the Secretary awards grants under this subsection, the
Secretary shall provide for an independent, robust evaluation
that compares--
``(A) the outcomes achieved by Job Corps Scholars
participants with the outcomes achieved by other
participants in the Job Corps program during such 2-
year period; and
``(B) the costs of the Job Corps Scholars programs
with the costs of other Job Corps programs during such
2-year period.''; and
(5) in subsection (c)(1), as so redesignated, is amended by
striking ``and'' at the end of subparagraph (C) and by adding
at the end the following:
``(D) in the development and implementation of a
behavior management plan under section 152(a); and
``(E) maintaining a safe and secure learning
environment; and''.
SEC. 164. SPECIAL PROVISIONS.
Section 158 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3208) is amended--
(1) by striking ``center'' each place it appears and
inserting ``campus''; and
(2) in subsection (f)--
(A) by striking ``may accept on behalf of the Job
Corps or individual Job Corps centers charitable
donations of cash'' and inserting ``, on behalf of the
Job Corps, or a Job Corps campus operator, on behalf of
such campus, may accept grants, charitable donations of
cash,''; and
(B) by inserting at the end the following:
``Notwithstanding sections 501(b) and 522 of title 40,
United States Code, any property acquired by a Job
Corps campus shall be directly transferred, on a
nonreimbursable basis, to the Secretary.''.
SEC. 165. MANAGEMENT INFORMATION.
(a) Levels of Performance.--Section 159 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3209) is amended--
(1) by striking ``center'' each place it appears and
inserting ``campus'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``The Secretary'' and
inserting the following:
``(A) In general.--The Secretary''.
(ii) by inserting ``that are ambitious yet
achievable and'' after ``program''; and
(iii) by adding at the end the following
new subparagraphs:
``(B) Levels of performance.--In establishing the
expected performance levels under subparagraph (A) for
a Job Corps campus, the Secretary shall take into
account--
``(i) how the levels involved compare with
the recent performance of such campus and the
performance of other campuses within the same
State or geographic region;
``(ii) the levels of performance set for
the primary indicators of performance for
eligible youth described in section
116(b)(2)(A)(ii) for the State in which the
campus is located;
``(iii) the differences in actual economic
conditions (including differences in
unemployment rates and job losses or gains in
particular industries) between the local area
of such campus and other local areas with a
campus; and
``(iv) the extent to which the levels
involved promote continuous improvement in
performance on the primary indicators of
performance by such campus and ensure optimal
return on the use of Federal funds.
``(C) Performance per contract.--The Secretary
shall ensure the expected levels of performance are
established in the relevant contract or agreement.
``(D) Revisions based on economic conditions and
individuals served during the program year.--
``(i) In general.--In the event of a
significant economic downturn, the Secretary
may revise the applicable adjusted levels of
performance for each of the campuses for a
program year to reflect the actual economic
conditions during such program year.
``(ii) Report to congress.--Prior to
implementing the revisions described in clause
(i), the Secretary shall submit to the
Committee on Education and the Workforce of the
House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the
Senate a report explaining the reason for such
revisions.
``(E) Review of performance levels.--The Office of
Inspector General of the Department of Labor shall,
every 5 years, submit to the Committee on Education and
the Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of
the Senate, and publish in the Federal Register and on
a publicly available website of the Department, a
report containing--
``(i) a quadrennial review of the expected
levels of performance; and
``(ii) an evaluation of whether--
``(I) the Secretary is establishing
such expected levels of performance in
good faith; and
``(II) such expected levels have
led to continued improvement of the Job
Corps program.'';
(B) by redesignating paragraph (4) as paragraph
(5);
(C) by inserting after paragraph (3) the following:
``(4) Campus safety.--
``(A) In general.--The Secretary shall establish
campus and student safety standards. A Job Corps campus
failing to achieve such standards shall be required to
take the performance improvement actions described in
subsection (f).
``(B) Considerations.--In establishing the campus
and student safety standards under subparagraph (A),
the Secretary shall take into account--
``(i) incidents reported under section
152(d);
``(ii) survey data from enrollees, faculty,
staff, and community members; and
``(iii) any other considerations identified
by the Secretary after reviewing the
recommendations of the advisory group described
in section 155(b).'';
(D) in paragraph (5), as so redesignated--
(i) in subparagraph (A), by striking
``and'' at the end;
(ii) in subparagraph (B), by striking the
period at the end and inserting a semicolon;
and
(iii) by adding at the end the following:
``(C) the number of contracts that were awarded a
renewal compared to those eligible for a renewal;
``(D) the number of campuses where the contract was
awarded to a new operator; and
``(E) the number of campuses that were required to
receive performance improvement, as described under
subsection (f)(2), including whether any actions were
taken as described in subparagraphs (B) and (C) of such
subsection.''; and
(E) by adding at the end the following:
``(6) Wage records.--The Secretary shall make arrangements
with a State or other appropriate entity to facilitate the use
of State wage records to evaluate the performance of Job Corps
campuses on the employment and earnings indicators described in
clause (i)(III) of subparagraph (A) of section 116(b)(2)(A) and
subclauses (I) and (II) of clause (ii) of such subparagraph for
the purposes of the report required under paragraph (5).'';
(3) in subsection (d)(1)--
(A) by inserting ``and make available on the
website of the Department pertaining to the Job Corps
program in a manner that is consumer-tested to ensure
it is easily understood, searchable, and navigable,''
after ``subsection (c)(4),'';
(B) in subparagraph (B), by striking ``gender'' and
inserting ``sex'';
(C) by redesignating subparagraphs (J) through (O)
as subparagraphs (K) through (P), respectively; and
(D) by inserting the following after subparagraph
(I):
``(J) the number of appeals under section 152(c)
and a description of each appeal that was approved;'';
and
(4) in subsection (g)(2), by striking ``comply'' and
inserting ``attest to compliance''.
(b) Performance Assessments and Improvements.--Section 159(f) of
the Workforce Innovation and Opportunity Act (29 U.S.C. 3209) is
amended to read as follows:
``(f) Performance Assessments and Improvements.--
``(1) Assessments.--The Secretary shall conduct an annual
assessment of the performance of each Job Corps campus on the
primary indicators of performance described in section
116(b)(2)(A)(ii), where each indicator shall be given equal
weight in determining the overall performance of the campus.
Based on the assessment, the Secretary shall take measures to
continuously improve the performance of the Job Corps program.
``(2) Performance improvement.--
``(A) Initial failure.--With respect to a Job Corps
campus that fails to meet an average of 90 percent on
the expected levels of performance across all the
primary indicators of performance specified in
subsection (c)(1) or is ranked among the lowest 10
percent of Job Corps campuses, the Secretary shall,
after each program year of such performance failure,
develop and implement a performance improvement plan
for such campus. Such a plan shall require action to be
taken during a 1-year program year period, which shall
include providing technical assistance to the campus.
``(B) Repeat failure.--With respect to a Job Corps
campus that, for two consecutive program years, fails
to meet an average of 85 percent on the expected levels
of performance across all the primary indicators of
performance or is ranked among the lowest 10 percent of
Job Corps campuses, the Secretary shall take
substantial action to improve the performance of such
campus, which shall include--
``(i) changing the management staff of the
campus;
``(ii) changing the career and technical
education and training offered at the campus;
``(iii) replacing the operator of the
campus; or
``(iv) reducing the capacity of the campus.
``(C) Chronic failure.--With respect to a Job Corps
campus that, for the two consecutive program years
immediately following the Secretary taking substantial
performance action under subparagraph (B), fails to
meet an average of 85 percent on the expected levels of
performance across all the primary indicators or is
ranked among the lowest 10 percent of Job Corps
campuses, the Secretary shall take further substantial
action to improve the performance of such campus, which
shall include--
``(i) relocating the campus;
``(ii) closing the campus; or
``(iii) awarding funding directly to the
State in which the campus is located for
operation of the campus, and for which the
Secretary shall enter into a memorandum of
understanding with such State for purposes of
operating the campus in its current location
and may encourage innovation in such memorandum
of understanding by waiving any statutory or
regulatory requirement of this subtitle except
for those related to participant eligibility
under section 144, standards of conduct under
section 152, and performance reporting and
accountability under this section.
``(3) Additional performance improvement.--In addition to
the performance improvement plans required under paragraph (2),
the Secretary may develop and implement additional performance
improvement plans for a Job Corps campus that fails to meet
criteria established by the Secretary other than the expected
levels of performance described in subsection (c)(1).
``(4) Civilian conservation centers.--With respect to a
Civilian Conservation Center that, for 3 consecutive program
years, fails to meet an average of 90 percent of the expected
levels of performance across all the primary indicators of
performance specified in subsection (c)(1), the Secretary of
Labor or, if appropriate, the Secretary of Agriculture shall
select, on a competitive basis, an entity to operate part or
all of the Civilian Conservation Center in accordance with the
requirements of section 147.''.
(c) Conforming Amendments.--Section 159 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3209) is further amended--
(1) by striking ``centers'' each place it appears and
inserting ``campuses''; and
(2) in subsection (g)(1), in the header, by striking
``Center'' and inserting ``Campus''.
SEC. 166. JOB CORPS OVERSIGHT AND REPORTING.
Section 161 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3211) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Report on Implementation of Recommendations.--The Secretary
shall, on an annual basis, prepare and submit to the appropriate
committees a report regarding the implementation of all outstanding
recommendations from the Office of Inspector General of the Department
of Labor or the Government Accountability Office.''.
SEC. 167. AUTHORIZATION OF APPROPRIATIONS.
Section 162 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3212) is amended to read as follows:
``SEC. 162. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subtitle $1,760,155,000 for each of the fiscal years 2025 through
2030.''.
Subtitle E--National Programs
SEC. 171. NATIVE AMERICAN PROGRAMS.
Section 166 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3221) is amended--
(1) in subsection (d)(1)--
(A) in subparagraph (A), by striking ``and'';
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by inserting at the end the following:
``(C) are evidence-based, to the extent
practicable.'';
(2) in subsection (d)(2)--
(A) by redesignating subparagraph (B) as
subparagraph (C); and
(B) by inserting after subparagraph (A) the
following:
``(B) Administrative costs.--Not more than 10
percent of the funds provided to an entity under this
section may be used for the administrative costs of the
activities and services carried out under subparagraph
(A).'';
(3) in subsection (h), by inserting after paragraph (2) the
following:
``(3) Wage records.--The Secretary shall make arrangements
with a State or other appropriate entity to facilitate the use
of State wage records to evaluate the performance of entities
funded under this section on the employment and earnings
indicators described in subclauses (I) through (III) of section
116(b)(2)(A)(i) for the purposes of the report required under
paragraph (4).
``(4) Performance results.--For each program year, the
Secretary shall make available on a publicly accessible website
of the Department a report on the performance, during such
program year, of entities funded under this section on--
``(A) the primary indicators of performance
described in section 116(b)(2)(A);
``(B) any additional indicators established under
paragraph (1)(A); and
``(C) the adjusted levels of performance for such
entities as described in paragraph (2).'';
(4) in subsection (i)--
(A) in paragraph (3)(A), by striking ``and judicial
review.'' and inserting ``judicial review, and
performance accountability pertaining to the primary
indicators of performance described in section
116(b)(2)(A).''; and
(B) in paragraph (4)(B)--
(i) by striking ``The Council'' and
inserting the following:
``(i) In general.--The Council''; and
(ii) by inserting at the end the following:
``(ii) Vacancies.--An individual appointed
to fill a vacancy on the Council occurring
before the expiration of the term for which the
predecessor of such individual was appointed
shall be appointed only for the remainder of
that term. Such an individual may serve on the
Council after the expiration of such term until
a successor is appointed.''; and
(5) by amending subsection (k)(2) to read as follows:
``(2) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$542,000 for each of the fiscal years 2025 through 2030.''.
SEC. 172. MIGRANT AND SEASONAL FARMWORKER PROGRAMS.
Section 167 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3222) is amended--
(1) in subsection (c), by adding at the end the following:
``(5) Wage records.--The Secretary shall make arrangements
with a State or other appropriate entity to facilitate the use
of State wage records to evaluate the performance of entities
funded under this section on the employment and earnings
indicators described in subclauses (I) through (III) of section
116(b)(2)(A)(i) for the purposes of the report required under
paragraph (4).
``(6) Performance results.--For each program year, the
Secretary shall make available on a publicly accessible website
of the Department a report on the performance, during such
program year, of entities funded under this section on--
``(A) the primary indicators of performance
described in section 116(b)(2)(A); and
``(B) the adjusted levels of performance for such
entities as described in paragraph (3).'';
(2) by redesignating subsections (e), (f), (g), (h), and
(i) as subsections (f), (g), (h), (i), and (j), respectively;
(3) by inserting after subsection (d) the following:
``(e) Administrative Costs.--Not more than 10 percent of the funds
provided to an entity under this section may be used for the
administrative costs of the activities and services carried out under
subsection (d).''; and
(4) in subsection (i), as so redesignated, to read as
follows:
``(i) Funding Allocation; Funding Obligation.--
``(1) Funding allocation.--From the funds appropriated and
made available to carry out this section, the Secretary shall
reserve not more than 1 percent for discretionary purposes,
such as providing technical assistance to eligible entities.
``(2) Funding obligation.--
``(A) In general.--Funds appropriated and made
available to carry out this section for any fiscal year
may be obligated by the Secretary during the period
beginning on April 1 of the calendar year that begins
during such fiscal year and ending on June 30 of the
following calendar year to be made available to an
entity described in subsection (b) for the period
described in subparagraph (B).
``(B) Obligated amount.--Funds made available under
this section for a fiscal year to any entity described
in subsection (b) may be spent or reserved for spending
by such entity during the period beginning on July 1 of
the calendar year that begins during such fiscal year,
and ending on June 30 of the following calendar
year.''.
SEC. 173. TECHNICAL ASSISTANCE.
(a) General Technical Assistance.--Section 168(a)(1) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3223(a)(1)) is
amended--
(1) by striking ``appropriate training, technical
assistance, staff development'' and inserting ``appropriate
education, technical assistance, professional development for
staff'';
(2) in subparagraphs (B), (C), and (D), by striking
``training'' each place it appears and inserting ``professional
development'';
(3) by redesignating subparagraphs (G) and (H) as
subparagraphs (J) and (K), respectively; and
(4) by inserting after subparagraph (F) the following:
``(G) assistance to the one-stop delivery system
and the Employment Service established under the
Wagner-Peyser Act for the integration of basic career
service activities pursuant to section 134(c)(2)(A);
``(I) assistance to States with maintaining, and
making accessible to jobseekers and employers, the
lists of eligible providers of training services
required under section 122;
``(H) assistance to States that apply for such
assistance under section 122(k) for the purposes
described in such subsection;''.
(b) Performance Accountability Technical Assistance.--Section
168(b) of the Workforce Innovation and Opportunity Act (29 U.S.C.
3223(b)) is amended--
(1) in the header, by striking ``Dislocated Worker'' and
inserting ``Performance Accountability''; and
(2) in paragraph (1), in the first sentence--
(A) by inserting ``, pursuant to paragraphs (1) and
(2) of section 116(f),'' after ``technical
assistance''; and
(B) by striking ``with respect to employment and
training activities for dislocated workers'' and
inserting ``with respect to the core programs''.
(c) Communities Impacted by Opioid Use Disorders.--Section 168 of
the Workforce Innovation and Opportunity Act (29 U.S.C. 3223) is
further amended by adding at the end the following:
``(d) Communities Impacted by Opioid Use Disorders.--The Secretary
shall, as part of the activities described in subsection (c)(2),
evaluate and disseminate to States and local areas information
regarding evidence-based and promising practices for addressing the
economic workforce impacts associated with high rates of opioid use
disorders, which information shall--
``(1) be updated annually to reflect the most recent and
available research; and
``(2) include information--
``(A) shared by States and local areas regarding
effective practices for addressing such impacts; and
``(B) on how to apply for any funding that may be
available under section 170(b)(1)(E).''.
SEC. 174. EVALUATIONS AND RESEARCH.
(a) In General.--Section 169 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3224) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (E), by inserting
``and'' at the end;
(ii) in subparagraph (F), by striking ``;
and'' at the end and inserting a period; and
(iii) by striking subparagraph (G);
(B) in paragraph (3)--
(i) by striking ``The Secretary'' and
inserting the following:
``(A) In general.--The Secretary''; and
(ii) by adding at the end the following new
subparagraph:
``(B) Limitation.--The Secretary may not use the
authority described in subparagraph (A) if the
evaluations required under paragraph (1) have not been
initiated or completed in the time period required.'';
and
(C) in paragraph (4), by striking ``2019'' and
inserting ``2028''; and
(2) in subsection (b)--
(A) by amending paragraph (4) to read as follows:
``(4) Studies and reports.--
``(A) Study on employment conditions.--The
Secretary, in coordination with other heads of Federal
agencies, as appropriate, may conduct a study examining
the nature of participants' unsubsidized employment
after exit from programs carried out under this Act,
including factors such as availability of paid time
off, health and retirement benefits, workplace safety
standards, predictable and stable work schedule,
stackable credentials, and advancement opportunities.
``(B) Study on improving workforce services for
individuals with disabilities.--The Secretary of Labor,
in coordination with the Secretary of Education and the
Secretary of Health and Human Services, may conduct
studies that analyze the access to services by
individuals with disabilities, including whether an
individual who is unable to receive services under
title IV due to a wait list for such services is able
to receive services under titles I through III.
``(C) Study on the effectiveness of pay for
performance.--The Secretary shall, not more than 4
years after the date of enactment of A Stronger
Workforce for America Act, conduct a study that
compares the effectiveness of the pay-for-performance
strategies used under sections 129, 134, and 172 after
such date of enactment to the awarding of grants and
contracts under such sections as in effect on the day
before the date of enactment of such Act.
``(D) Study on individual training accounts for
dislocated workers.--The Secretary shall, not more than
4 years after the date of enactment of the A Stronger
Workforce for America Act, conduct a study that
compares the usage of Individual Training Accounts for
dislocated workers after such date of enactment to the
usage of such accounts prior to such date of enactment,
including--
``(i) the types of training services and
occupations targeted by dislocated workers when
using their Individual Training Accounts; and
``(ii) the effectiveness of such skills
development.
``(E) Study on statewide critical industry skills
funds.--The Secretary shall, not more than 4 years
after the date of enactment of the A Stronger Workforce
for America Act, conduct a study that will review the
usage of statewide critical industry skills funds
established by States under section 134(a)(4) and
identify, for purposes of measuring the overall
effectiveness of the program--
``(i) the industries targeted by such
Funds;
``(ii) the occupations workers are being
upskilled for;
``(iii) how frequently skills development
is provided to prospective workers and
incumbent workers, and
``(iv) the reported performance outcomes.
``(F) Study on the effectiveness of employer-based
training.--The Secretary shall, not more than 4 years
after the date of enactment of the A Stronger Workforce
for America Act, conduct a study that measures the
effectiveness of on-the-job training, employer-directed
skills training, apprenticeship, and incumbent worker
training under this title in preparing jobseekers and
workers, including those with barriers to employment,
for unsubsidized employment. Such study shall include
the cost per participant and wage and employment
outcomes, as compared to other methods of training.
``(G) Reports.--The Secretary shall prepare and
disseminate to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on
Education and the Workforce of the House of
Representatives, and on the publicly available website
of the Department, reports containing the results of
the studies conducted under this paragraph.''; and
(B) in paragraph (5), by adding at the end the
following:
``(C) Evaluation of grants.--
``(i) In general.--For each grant or
contract awarded under this paragraph, the
Secretary shall conduct a rigorous evaluation
of the multistate project to determine the
impact of the activities supported by the
project, including the impact on the employment
and earnings of program participants.
``(ii) Report.--The Secretary shall prepare
and disseminate to the Committee on Health,
Education, Labor, and Pensions of the Senate
and the Committee on Education and the
Workforce of the House of Representatives, and
to the public, including through electronic
means, reports containing the results of
evaluations conducted under this
subparagraph.''.
(b) Workforce Data Quality Initiative.--Section 169 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3224) is further
amended by adding at the end the following:
``(d) Workforce Data Quality Initiative.--
``(1) Grant program.--Of amount made available pursuant to
section 132(a)(2)(A) for any program year, the Secretary shall
use 5 percent of such amount, and may also use funds authorized
for purposes of carrying out this section, to award grants to
eligible entities to create workforce longitudinal data systems
and associated resources for the purposes of strengthening
program quality, building State capacity to produce evidence
for decisionmaking, meeting performance reporting requirements,
protecting privacy, and improving transparency.
``(2) Application.--To be eligible to receive a grant under
this subsection, an eligible entity shall submit an application
to the Secretary at such time and in such manner as the
Secretary may require, which shall include--
``(A) a description of the proposed activities that
will be conducted by the eligible entity, including a
description of the need for such activities and a
detailed budget for such activities;
``(B) a description of the expected outcomes and
outputs (such as systems or products) that will result
from the proposed activities and the proposed uses of
such outputs;
``(C) a description of how the proposed activities
will support the reporting of performance data,
including employment and earnings outcomes, for the
performance accountability requirements under section
116, including outcomes for eligible training
providers;
``(D) a description of the methods and procedures
the eligible entity will use to ensure the security and
privacy of the collection, storage, and use of all data
involved in the systems and resources supported through
the grant, including compliance with State and Federal
privacy and confidentiality statutes and regulations;
and
``(E) a plan for how the eligible entity will
continue the activities or sustain the use of the
outputs created with the grant funds after the grant
period ends.
``(3) Priority.--In awarding grants under the subsection,
the Secretary shall give priority to--
``(A) eligible entities that are--
``(i) a State agency of a State that has
not previously received a grant from the
Secretary for the purposes of this subsection
and demonstrates a substantial need to improve
its data infrastructure; or
``(ii) a consortium of State agencies that
is comprised of State agencies from multiple
States and includes at least one State agency
described in clause (i) and has the capacity to
make significant contributions toward building
interoperable, cross-State data infrastructure;
and
``(B) eligible entities that will use grant funds
to--
``(i) expand the adoption and use of
linked, open, and interoperable data on
credentials, including through the development
of a credential registry or other tools and
services designed to help learners and workers
make informed decisions, such as the credential
navigation feature described in section
122(d)(2);
``(ii) participate in and contribute data
to a multistate data collaborative, including
data that provide participating States the
ability to better understand--
``(I) earnings and employment
outcomes of individuals who work out-
of-State; and
``(II) cross-State earnings and
employment trends;
``(iii) enhance collaboration with private
sector workforce and labor market data entities
and the end-users of workforce and labor market
data, including individuals, employers,
economic development agencies, and workforce
development providers; or
``(iv) leverage the use of non-Federal
contributions to improve workforce data
infrastructure, including staff capacity
building.
``(4) Use of funds.--In addition to the activities
described in paragraph (3)(B), an eligible entity awarded a
grant under this subsection may use funds to carry out any of
the following activities:
``(A) Developing or enhancing a State's workforce
longitudinal data system, including by participating
and contributing data to the State's data system, if
applicable, that links with elementary and secondary
school and postsecondary data.
``(B) Accelerating the replication and adoption of
data systems, projects, products, or practices already
in use in one or more States to other States.
``(C) Research and labor market data improvement
activities to improve the timeliness, relevance, and
accessibility of such data through pilot projects that
are developed locally but designed to scale to other
regions or States.
``(D) Establishing, enhancing, or connecting to a
system of interoperable learning and employment records
that provides individuals who choose to participate in
such system ownership of a verified and secure record
of their skills and achievements and the ability to
share such record with employers and education
providers.
``(E) Developing policies, guidelines, and security
measures for data collection, storing, and sharing to
ensure compliance with relevant Federal and State
privacy laws and regulations.
``(F) Increasing local board access to and
integration with the State's workforce longitudinal
data system in a secure manner.
``(G) Creating or participating in a data exchange
for collecting and using standards-based jobs and
employment data including, at a minimum, job titles or
occupation codes.
``(H) Improving State and local staff capacity to
understand, use, and analyze data to improve
decisionmaking and improve participant outcomes.
``(5) Administration.--
``(A) Duration.--A grant awarded under this
subsection may be for a period of up to 3 years.
``(B) Supplement, not supplant.--Funds made
available under this subsection shall be used to
supplement, and not supplant, other Federal, State, or
local funds used for development of State data systems.
``(C) Report.--Each eligible entity that receives a
grant under this subsection shall submit a report to
the Secretary not later than 180 days after the
conclusion of the grant period on the activities
supported through the grant and improvements in the use
of workforce and labor market information that have
resulted from such activities.
``(6) Definitions.--In this subsection, the term `eligible
entity' means a State agency or consortium of State agencies,
including a multistate data collaborative, that is or includes
the State agencies responsible for--
``(A) State employer wage records used by the
State's unemployment insurance programs in labor market
information reporting and analysis and for fulfilling
the reporting requirements of this Act;
``(B) the production of labor market information;
and
``(C) the direct administration of one or more of
the core programs.''.
SEC. 175. NATIONAL DISLOCATED WORKER GRANTS.
Section 170 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3225) is amended--
(1) by amending subsection (a)(1) to read as follows:
``(1) Emergency or disaster.--The term `emergency or
disaster' means an emergency or a major disaster, as defined in
paragraphs (1) and (2), respectively, of section 102 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5122 (1) and (2)).'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (C), by striking
``and'' at the end;
(ii) in subparagraph (D)--
(I) in clause (i), by striking
``spouses described in section
3(15)(E)'' and inserting ``spouses
described in subparagraph (E) of the
definition of the term `dislocated
worker' in section 3''; and
(II) in clause (ii), by striking
the period at the end and inserting ``;
and''; and
(iii) by adding at the end the following:
``(E) to an entity described in subsection
(c)(1)(B) to provide employment and training activities
related to the prevention and treatment of opioid use
disorders, including addiction treatment, mental health
treatment, and pain management, in an area that, as a
result of widespread opioid use, addiction, and
overdoses, has higher-than-average demand for such
activities that exceeds the availability of State and
local resources to provide such activities.''; and
(B) by adding at the end the following:
``(3) Performance results.--The Secretary shall collect the
necessary information from each entity receiving a grant under
this section to determine the performance of such entity on the
primary indicators of performance described in section
116(b)(2)(A)(i) and make such information available on the
publicly accessible website of the Department in a format that
does not reveal personally identifiable information.''; and
(3) in subsection (c)--
(A) in paragraph (1)(A)--
(i) by striking ``subsection (b)(1)(A)''
and inserting ``subparagraph (A) or (E) of
subsection (b)(1)''; and
(ii) by striking ``, in such manner, and
containing such information'' and inserting
``and in such manner''; and
(B) in paragraph (2)--
(i) in subparagraph (B)--
(I) in the heading, by striking
``Retraining'' and inserting
``Reskilling''; and
(II) by striking ``retraining'' and
inserting ``reskilling'';
(ii) by redesignating subparagraphs (C) and
(D) as subparagraphs (D) and (E), respectively;
and
(iii) by inserting after subparagraph (B)
the following:
``(C) Opioid-related grants.--In order to be
eligible to receive employment and training assistance
under a national dislocated worker grant awarded
pursuant to subsection (b)(1)(E), an individual shall
be--
``(i) a dislocated worker;
``(ii) a long-term unemployed individual;
``(iii) an individual who is unemployed or
significantly underemployed as a result of
widespread opioid use in the area; or
``(iv) an individual who is employed or
seeking employment in a health care profession
involved in the prevention and treatment of
opioid use disorders, including such
professions that provide addiction treatment,
mental health treatment, or pain management.''.
SEC. 176. YOUTHBUILD PROGRAM.
Section 171 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3226) is amended--
(1) in subsection (c)--
(A) in paragraph (1), to read as follows:
``(1) Amount of grants; reservation.--
``(A) Amount of grants.--Subject to subparagraph
(B), the Secretary is authorized to make grants to
applicants for the purpose of carrying out YouthBuild
programs approved under this section.
``(B) Reservation for rural areas and indian
tribes.--
``(i) In general.--In any fiscal year in
which the amount appropriated to carry out this
section is greater than $90,000,000, the
Secretary shall reserve not less than 20
percent of the amount appropriated that is in
excess of $90,000,000 and use such reserved
amount to make grants to covered applicants (in
addition to any other grants that may be
awarded under this subsection for such fiscal
year to covered applicants) for the purpose of
carrying out YouthBuild programs approved under
this section.
``(ii) Covered applicant defined.--In this
subparagraph, the term `covered applicant'
means an applicant that--
``(I) is located in a rural area;
or
``(II) is an Indian Tribe or is
carrying out a YouthBuild program
approved under this section for the
benefit of members of an Indian
Tribe.'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in clause (iv)(II), by striking
``language learners'' and inserting
``learners''; and
(II) in clause (vii), by inserting
after ``enable individuals'' the
following: ``, including those with
disabilities,''; and
(ii) by adding at the end the following:
``(I) Provision of meals and other food assistance
to participants in conjunction with another activity
described in this paragraph.'';
(C) in paragraph (3)--
(i) in subparagraph (A), by striking ``such
time, in such manner, and containing such
information'' and inserting ``such time and in
such manner''; and
(ii) in subparagraph (B)--
(I) in the header, by striking
``Minimum requirements'' and inserting
``Requirements'';
(II) by striking ``, at a
minimum'';
(III) in clause (xx), by striking
``and'' at the end;
(IV) in clause (xxi) by striking
the period at the end and inserting ``;
and''; and
(V) by adding at the end the
following:
``(xxii) a description of the levels of
performance the applicant expects to achieve on
the primary indicators of performance described
in section 116(b)(2)(A)(ii).''; and
(D) in paragraph (4)--
(i) by striking ``such selection criteria
as the Secretary shall establish under this
section, which shall include criteria'' and
inserting ``selection criteria'';
(ii) in subparagraph (J)(iii), by adding
``and'' after the semicolon;
(iii) in subparagraph (K), by striking ``;
and'' and inserting a period; and
(iv) by striking subparagraph (L);
(2) in subsection (e)(1)--
(A) in subparagraph (A)(ii), by striking
``offender'' and inserting ``who is a justice-involved
individual''; and
(B) in subparagraph (B)(i), by striking ``are basic
skills deficient'' and inserting ``have foundational
skill needs'';
(3) in subsection (f), by striking paragraph (2) and
inserting the following:
``(2) Use of wage records.--The Secretary shall make
arrangements with a State or other appropriate entity to
facilitate the use of State wage records to evaluate the
performance of YouthBuild programs funded under this section on
the employment and earnings indicators described in section
116(b)(2)(A)(ii) for the purposes of the report required under
paragraph (3).
``(3) Performance results.--For each program year, the
Secretary shall make available, on a publicly accessible
website of the Department, a report on the performance of
YouthBuild programs, during such program year, funded under
this section on--
``(A) the primary indicators of performance
described in section 116(b)(2)(A)(ii); and
``(B) the expected levels of performance for such
programs as described in paragraph (1).'';
(4) in subsection (g), by inserting at the end the
following:
``(4) Annual release of funding opportunity announcement.--
The Secretary shall, to the greatest extent practicable,
announce new funding opportunities for grants under this
section during the same time period each year for which such
grants are available.''; and
(5) by amending subsection (i) to read as follows:
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $108,150,000 for each of the
fiscal years 2025 through 2030.''.
SEC. 178. REENTRY EMPLOYMENT OPPORTUNITIES.
Subtitle D of title I of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3221 et seq.), is further amended--
(1) by redesignating section 172 as section 174; and
(2) by inserting after section 171 the following:
``SEC. 172. 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, and disseminate such evidence to entities supporting
the reentry of justice-involved individuals into the workforce.
``(b) Reentry Employment Competitive Grants, Contracts, and
Cooperative Agreements Authorized.--
``(1) In general.--From the amounts appropriated under
section 174(e) and not reserved under subsection (h), 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;
``(B) may use not more than 30 percent of such
amounts to award funds under subparagraph (A) to
eligible entities to serve as national or regional
intermediaries to provide such funds to other eligible
entities to--
``(i) implement reentry projects described
in subparagraph (A); and
``(ii) monitor and support such entities;
``(C) shall use 30 percent of such amounts to award
funds under subparagraph (A) to eligible entities using
pay-for-performance contracts--
``(i) that specify a fixed amount that will
be paid to the entity based on the achievement
of specified levels of performance on the
indicators of performance described in
subsections (e)(1)(A)(i) and (e)(2)(A) within a
defined timetable; and
``(ii) which may provide for bonus payments
to such entity to expand capacity to provide
effective services; and
``(D) shall ensure grants awarded under this
section are awarded to eligible entities from
geographically diverse areas, in addition to the
priorities described in paragraph (4).
``(2) Award periods.--The Secretary shall award funds under
this section for an initial period of not more than 4 years.
``(3) Additional awards.--The Secretary may award, for a
period of not more than 4 years, one or more additional grants
to an eligible entity that received a grant under this section
if the eligible entity achieved the performance levels agreed
upon with the Secretary (as described in subsection (e)(3)) for
the most recent award period.
``(4) 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-poverty areas;
``(B) that will enroll 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 or
providers under section 122 (as determined by
the State where services are being provided) to
provide project participants with programs of
study leading to recognized postsecondary
credentials in in-demand occupations; or
``(E) that provide training services, including
customized training 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.
``(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 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.
``(K) An assurance that the eligible entity will
provide matching funds, as described in subsection
(d)(4).
``(L) A description of how the eligible entity
plans to continue the reentry project after the award
period.
``(3) Additional content for intermediary applicants.--An
application submitted by an eligible entity seeking to serve as
a national or regional intermediary as described in subsection
(b)(1)(B) shall also contain the following:
``(A) An identification and description of the
eligible entities that will be subgrantees of such
intermediary and implement the reentry projects, which
shall include subgrantees in--
``(i) three or more noncontiguous
metropolitan areas or rural areas; and
``(ii) not less than 2 States.
``(B) A description of the services and supports
the intermediary will provide to the subgrantees,
including administrative and fiscal support to ensure
the subgrantees comply with all grant requirements.
``(C) A description of how the intermediary will
facilitate the replication of evidence-based practices
or other best practices identified by the intermediary
across all subgrantees.
``(D) 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 subgrantees identified under
subparagraph (A) were previous subgrantees of the
intermediary for such reentry project and failed to
meet the levels of performance established for such
reentry project.
``(d) Uses of Funds.--
``(1) Required activities.--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:
``(A) One or more of the individualized career
services listed in subclauses (I) through (IX) of
section 134(c)(2)(A)(xii).
``(B) 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.
``(C) For participants who are eligible youth, one
or more of the program elements listed in subparagraphs
(A) through (N) of section 129(c)(2).
``(2) Allowable activities.--An eligible entity that
receives funds under this section may use such funds to provide
to eligible adults or eligible youth the following:
``(A) Followup services after placement in
unsubsidized employment as described in section
134(c)(2)(A)(xiii).
``(B) Apprenticeship programs.
``(C) Education in digital literacy skills.
``(D) Mentoring.
``(E) Assistance in obtaining employment, including
as a result of the eligible entity--
``(i) establishing and developing
relationships and networks with large and small
employers; and
``(ii) coordinating with employers to
develop customized training programs and on-
the-job training.
``(F) Assistance with driver's license
reinstatement and fees for driver's licenses and other
necessary documents for employment.
``(G) Provision of or referral to evidence-based
mental health treatment by licensed practitioners.
``(H) 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.
``(I) Provisions of or referral to supportive
services, provided that no more than 5 percent of funds
awarded to an eligible entity under this section may be
used to provide such services to participants who are
able to obtain such services through other programs
providing such services.
``(3) Administrative cost limit.--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).
``(4) Matching funds.--An eligible entity shall provide a
non-Federal contribution, 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 for such period, except that the Secretary may waive
the matching funds requirement, on a case-by-case basis and for
not more than 20 percent of all grants awarded, if the eligible
entity demonstrates significant financial hardship.
``(e) Levels of Performance.--
``(1) Establishment of levels.--
``(A) In general.--The Secretary shall establish
expected levels of performance for reentry projects
funded under this section for--
``(i) each of the primary indicators of
performance for adults and youth described in
section 116(b); and
``(ii) an indicator of performance
established by the Secretary with respect to
participant recidivism.
``(B) Updates.--The levels established under
subparagraph (A) shall be updated for each 4-year-award
period.
``(2) 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, as the Secretary determines relevant for
each indicator of performance, the following factors:
``(A) The expected performance levels of each such
eligible entity described in the application submitted
under subsection (c)(2)(H).
``(B) 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.
``(C) The characteristics of project participants
when entering the project involved, including--
``(i) criminal records;
``(ii) indicators of poor work history;
``(iii) lack of work experience;
``(iv) lack of educational or occupational
skills attainment;
``(v) low levels of literacy or English
proficiency;
``(vi) disability status;
``(vii) homelessness; and
``(viii) receipt of public assistance.
``(3) Failure to meet performance levels.--In the case of
an eligible entity that fails to meet the performance levels
established under paragraph (1) and updated to reflect the
actual economic conditions and characteristics of participants
(as described in paragraph (2)(C)) 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.
``(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 each
of 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 employment, compensation (which
may include wages earned and benefits), career
advancement, measurable skills gains,
credentials earned, 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 effectively serve 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
development 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.
``(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
disclose 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 the Workforce 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;
``(C) the performance of eligible entities on such
projects as measured by the performance indicators set
forth in subsection (e); and
``(D) an explanation of any waivers granted by the
Secretary of the matching requirement under subsection
(d)(4) .
``(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) Reservation of Funds.--Of the funds appropriated under
section 174(e) for a fiscal year, the Secretary--
``(1) 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--
``(A) technical assistance to eligible entities
that receive funds under this section; and
``(B) outreach and technical assistance to eligible
entities desiring to receive such funds, including
assistance with application development and submission;
and
``(2) 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 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;
``(F) an industry or sector partnership;
``(G) an institution of higher education; or
``(H) a consortium of the entities described in
subparagraphs (A) through (H).
``(5) Eligible adult.--The term `eligible adult' means a
justice-involved individual who is age 25 or older.
``(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-poverty.--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.
``(8) Justice-involved individual.--The term `justice-
involved individual' means--
``(A) an individual of any age who--
``(i) has been convicted and imprisoned
under Federal or State law; and
``(ii) was released from imprisonment not
more than 3 years prior to enrollment in a
project funded under this section; or
``(B) an individual who--
``(i) is not younger than age 14 or older
than age 24; and
``(ii) has been--
``(I) charged with, or convicted
of, any criminal offense in an adult
court; or
``(II) charged with, or adjudicated
of, a delinquent act in a juvenile
court.''.
SEC. 179. STRENGTHENING COMMUNITY COLLEGES GRANT PROGRAM.
Subtitle D of title I of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3221 et seq.), is further amended by inserting after
section 172, as added by the preceding section, the following:
``SEC. 173. STRENGTHENING COMMUNITY COLLEGES WORKFORCE DEVELOPMENT
GRANTS PROGRAM.
``(a) Purposes.--The purposes of this section are--
``(1) to establish, improve, or expand high-quality
workforce development programs at community colleges; and
``(2) to expand opportunities for individuals to obtain
recognized postsecondary credentials that are nationally or
regionally portable and stackable for high-skill, high-wage, or
in-demand industry sectors or occupations.
``(b) Strengthening Community Colleges Workforce Development Grants
Program.--
``(1) In general.--From the amounts appropriated to carry
out this section under section 174(f) and not reserved under
paragraph (2), the Secretary shall, on a competitive basis,
make grants to eligible institutions to carry out the
activities described in subsection (e).
``(2) Reservation.--Of the amounts appropriated to carry
out this section under section 174(f), the Secretary may
reserve not more than two percent for the administration of
grants awarded under this section, including--
``(A) providing technical assistance and targeted
outreach to support eligible institutions serving a
high number or high percentage of low-income
individuals or individuals with barriers to employment,
and rural-serving eligible institutions, to provide
guidance and assistance in the process of applying for
grants under this section; and
``(B) evaluating and reporting on the performance
and impact of programs funded under this section in
accordance with subsections (f) through (h).
``(c) Award Period.--
``(1) Initial grant period.--Each grant under this section
shall be awarded for an initial period of not more than 4
years.
``(2) Subsequent grants.--An eligible institution that
receives an initial grant under this section may receive one or
more additional grants under this section for additional
periods of not more than 4 years each if the eligible
institution demonstrates that, during the most recently
completed grant period for a grant received under this section,
such eligible institution achieved the levels of performance
agreed to by the eligible institution with respect to the
performance indicators specified in subsection (f).
``(d) Application.--
``(1) In general.--To be eligible to receive a grant under
this section, an eligible institution shall submit an
application to the Secretary at such time and in such manner as
the Secretary may require.
``(2) Contents.--An application submitted by an eligible
institution under paragraph (1) shall include a description of
each the following:
``(A) The extent to which the eligible institution
has demonstrated success building partnerships with
employers in in-demand industry sectors or occupations
to provide students with the skills needed for
occupations in such industries and an explanation of
the results of any such partnerships.
``(B) The methods and strategies the eligible
institution will use to engage with employers in in-
demand industry sectors or occupations, including any
arrangements to place individuals who complete the
workforce development programs supported by the grant
into employment with such employers.
``(C) The proposed eligible institution and
industry partnership that the eligible institution will
establish or maintain to comply with subsection (e)(1),
including--
``(i) the roles and responsibilities of
each employer, organization, agency, or
institution of higher education that the
eligible institution will partner with to carry
out the activities under this section; and
``(ii) the needs that will be addressed by
such eligible institution and industry
partnership.
``(D) One or more industries that such partnership
will target and real-time labor market data
demonstrating that those industries are aligned with
employer demand in the geographic area to be served by
the eligible institution.
``(E) The extent to which the eligible institution
can--
``(i) leverage additional resources to
support the programs to be funded with the
grant, which shall include written commitments
of any leveraged or matching funds for the
proposed programs; and
``(ii) demonstrate the future
sustainability of each such program.
``(F) The steps the institution will take to ensure
the high quality of each program to be funded with the
grant, including the career pathways within such
programs.
``(G) The population and geographic area to be
served by the eligible institution, including the
number of individuals the eligible institution intends
to serve during the grant period.
``(H) The workforce development programs to be
supported by the grant.
``(I) The recognized postsecondary credentials that
are expected to be earned by participants in such
workforce development programs and the related high-
wage, high skill, or in-demand industry sectors or
occupations for which such programs will prepare
participants.
``(J) The evidence upon which the education and
skills development strategies to be used in such
workforce development programs are based and an
explanation of how such evidence influenced the design
of the programs to improve education and employment
outcomes.
``(K) How activities of the eligible institution
are expected to align with the workforce strategies
identified in--
``(i) any State plan or local plan
submitted under this Act by the State, outlying
area, or locality in which the eligible
institution is expected to operate;
``(ii) any State plan submitted under
section 122 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C.
2342) by such State or outlying area; and
``(iii) any economic development plan of
the chief executive of such State or outlying
area.
``(L) The goals of the eligible institution with
respect to--
``(i) capacity building (as described in
subsection (f)(1)(B)); and
``(ii) the expected performance of
individuals participating in the programs to be
offered by the eligible institution, including
with respect to any performance indicators
applicable under section 116 or subsection (f)
of this section.
``(3) Consideration of previous experience.--The Secretary
may not disqualify an eligible institution from receiving a
grant under this section solely because such institution lacks
previous experience in building partnerships, as described in
paragraph (2)(A).
``(4) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible institutions that--
``(A) will use the grant to serve--
``(i) individuals with barriers to
employment; or
``(ii) incumbent workers who need to gain
or improve foundational skills to enhance their
employability;
``(B) use competency-based assessments, such as the
competency-based assessment identified by the State in
which the eligible institution is located under section
134(a)(2)(B)(vii), to award academic credit for prior
learning for programs supported by the grant; or
``(C) have, or will seek to have, the career
education programs supported by the grant included on
the list of eligible providers of training services
under section 122 for the State in which the eligible
institution is located.
``(e) Uses of Funds.--
``(1) Eligible institution and industry partnership.--For
the purpose of carrying out the activities specified in
paragraphs (2) and (3), an eligible institution that receives a
grant under this section shall establish a partnership (or
continue an existing partnership) with one or more employers in
an in-demand industry sector or occupation (in this section
referred to as an `eligible institution and industry
partnership') and shall maintain such partnership for the
duration of the grant period. The eligible institution shall
ensure that the partnership--
``(A) targets one or more specific high-skill,
high-wage, or in-demand industries;
``(B) includes collaboration with the workforce
development system;
``(C) serves adult and dislocated workers,
incumbent workers, and new entrants to the workforce;
``(D) uses an evidence-based program design that is
appropriate for the activities carried out by the
partnership;
``(E) incorporates work-based learning
opportunities, as defined in section 3 of the Carl D.
Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2302); and
``(F) incorporates, to the extent appropriate,
virtual service delivery to facilitate technology-
enabled learning.
``(2) Required activities.--An eligible institution that
receives a grant under this section shall, in consultation with
the employers in the eligible institution and industry
partnership described in paragraph (1)--
``(A) establish, improve, or expand high quality,
evidence-based workforce development programs, career
pathway programs, or work-based learning programs
(including apprenticeship programs or
preapprenticeships);
``(B) provide career services to individuals
participating in the programs funded with the grant to
facilitate retention and program completion, which may
include--
``(i) career navigation, coaching,
mentorship, and case management services,
including providing information and outreach to
individuals with barriers to employment to
encourage such individuals to participate in
programs funded with the grant; and
``(ii) providing access to course
materials, technological devices, required
equipment, and other supports necessary for
participation in and successful completion of
such programs; and
``(C) make available, in a format that is open,
searchable, and easily comparable, information on--
``(i) curricula and recognized
postsecondary credentials offered through
programs funded with the grant, including any
curricula or credentials created or further
developed using such grant, which for each
recognized postsecondary credential, shall
include--
``(I) the issuing entity of such
credential;
``(II) any third-party endorsements
of such credential;
``(III) the occupations for which
the credential prepares individuals;
``(IV) the skills and competencies
necessary to achieve to earn such
credential;
``(V) the level of mastery of such
skills and competencies (including how
mastery is assessed); and
``(VI) any transfer value or
stackability of the credential;
``(ii) any skills or competencies developed
by individuals who participate in such programs
beyond the skills and competencies identified
as part of the recognized postsecondary
credential awarded; and
``(iii) related employment and earnings
outcomes on the primary indicators of
performance described in subclauses (I) through
(III) of section 116(b)(2)(A)(i).
``(3) Additional activities.--In addition to the activities
required under paragraph (2), an eligible institution that
receives a grant under this section shall, in consultation with
the employers in the eligible institution and industry
partnership described in paragraph (1), carry out one or more
of the following activities:
``(A) Establish, improve, or expand--
``(i) articulation agreements (as defined
in section 486A(a) of the Higher Education Act
of 1965 (20 U.S.C. 1093a(a)));
``(ii) credit transfer agreements;
``(iii) corequisite remediation programs
that enable a student to receive remedial
education services while enrolled in a
postsecondary course rather than requiring the
student to receive remedial education before
enrolling in a such a course;
``(iv) dual or concurrent enrollment
programs;
``(v) competency-based education and
assessment; or
``(vi) policies and processes to award
academic credit for prior learning or for the
programs described in paragraph (2)(A).
``(B) Establish or implement plans for providers of
the programs described in paragraph (2)(A) to meet the
criteria and carry out the procedures necessary to be
included on the eligible training services provider
list described in section 122(d).
``(C) Purchase, lease, or refurbish specialized
equipment as necessary to carry out such programs,
provided that not more than 15 percent of the funds
awarded to the eligible institution under this section
may be used for activities described in this
subparagraph.
``(D) Reduce or eliminate unmet financial need
relating to the cost of attendance (as defined under
section 472 of the Higher Education Act of 1965 (20
U.S.C. 1087ll)) of participants in such programs.
``(4) Administrative cost limit.--An eligible institution
may use not more than 7 percent of the funds awarded under this
section for administrative costs, including costs related to
collecting information, analysis, and coordination for purposes
of subsection (f).
``(f) Performance Levels and Performance Reviews.--
``(1) In general.--The Secretary shall develop and
implement guidance that establishes the levels of performance
that are expected to be achieved by each eligible institution
receiving a grant under this section. Such performance levels
shall be established on the following indicators:
``(A) Each of the primary indicators of performance
for adults described in section 116(b), which shall be
applied for all individuals who participated in a
program that received funding from a grant under this
section.
``(B) The extent to which the eligible institution
built capacity by--
``(i) increasing the breadth and depth of
employer engagement and investment in workforce
development programs in the in-demand industry
sectors and occupations targeted by the
eligible institution and industry partnership
established or maintained by the eligible
institution under subsection (e)(1);
``(ii) designing or implementing new and
accelerated instructional techniques or
technologies, including the use of advanced
online and technology-enabled learning (such as
immersive technology); and
``(iii) increasing program and policy
alignment across systems and decreasing
duplicative services or service gaps.
``(C) With respect to individuals who participated
in a workforce development program funded with the
grant--
``(i) the percentage of participants who
successfully completed the program; and
``(ii) of the participants who were
incumbent workers at the time of enrollment in
the program, the percentage who advanced into
higher level positions during or after
completing the program.
``(2) Consultation and determination of performance
levels.--
``(A) Consideration.--In developing performance
levels in accordance with paragraph (1), the Secretary
shall take into consideration the goals of the eligible
institution pursuant to subsection (d)(2)(L).
``(B) Determination.--After completing the
consideration required under subparagraph (A), the
Secretary shall separately determine the performance
levels that will apply to each eligible institution,
taking into account--
``(i) the expected performance levels of
each eligible institution with respect to the
goals described by the eligible institution
pursuant to subsection (d)(2)(L); and
``(ii) local economic conditions in the
geographic area to be served by the eligible
institution, including differences in
unemployment rates and job losses or gains in
particular industries.
``(C) Notice and acknowledgment.--
``(i) Notice.--The Secretary shall provide
each eligible institution with a written
notification that sets forth the performance
levels that will apply to the eligible
institution, as determined under subparagraph
(B).
``(ii) Acknowledgment.--After receiving the
notification described in clause (i), each
eligible institution shall submit to the
Secretary written confirmation that the
eligible institution--
``(I) received the notification;
and
``(II) agrees to be evaluated in
accordance with the performance levels
determined by the Secretary.
``(3) Performance reviews.--On an annual basis during each
year of the grant period, the Secretary shall evaluate the
performance during such year of each eligible institution
receiving a grant under this section in a manner consistent
with the performance levels determined for such institution
pursuant to paragraph (2).
``(4) Failure to meet performance levels.--After conducting
an evaluation under paragraph (3), if the Secretary determines
that an eligible institution did not achieve the performance
levels applicable to the eligible institution under paragraph
(2), the Secretary shall--
``(A) provide technical assistance to the eligible
institution; and
``(B) develop a performance improvement plan for
the eligible institution.
``(g) Evaluations and Reports.--
``(1) In general.--Not later than 4 years after the date on
which the first grant is made under this section, the Secretary
shall design and conduct an evaluation to determine the overall
effectiveness of the eligible institutions receiving a grant
under this section.
``(2) Elements.--The evaluation of the effectiveness of
eligible institutions conducted under paragraph (1) shall
include an assessment of the general effectiveness of programs
and activities supported by the grants awarded to such eligible
institutions under this section, including the extent to which
the programs and activities--
``(A) developed new, or expanded existing,
successful industry sector strategies, including the
extent to which such eligible institutions deepened
employer engagement and developed workforce development
programs that met industry skill needs;
``(B) created, expanded, or enhanced career
pathways, including the extent to which the eligible
institutions developed or improved competency-based
education and assessment, credit for prior learning,
modularized and self-paced curricula, integrated
education and workforce development, dual enrollment in
secondary and postsecondary career pathways, stacked
and latticed credentials, and online and distance
learning;
``(C) created alignment between eligible
institutions and the workforce development system;
``(D) assisted individuals with finding, retaining,
or advancing in employment;
``(E) assisted individuals with earning recognized
postsecondary credentials; and
``(F) provided equal access to various demographic
groups, including people of different geographic
locations, ages, races, national origins, and sexes.
``(3) Design requirements.--The evaluation under this
subsection shall--
``(A) be designed by the Secretary (acting through
the Chief Evaluation Officer) in conjunction with the
eligible institutions being evaluated;
``(B) include analysis of program participant
feedback and outcome and process measures; and
``(C) use designs that employ the most rigorous
analytical and statistical methods that are reasonably
feasible, such as the use of control groups.
``(4) Data accessibility.--The Secretary shall make
available on a publicly accessible website of the Department of
Labor any data collected as part of the evaluation under this
subsection. Such data shall be made available in an aggregated
format that does not reveal personally identifiable information
and that ensures compliance with relevant Federal laws,
including section 444 of the General Education Provisions Act
(commonly known as the `Family Educational Rights and Privacy
Act of 1974') (20 U.S.C. 1232g).
``(5) 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 the preliminary results of the
evaluation conducted under this subsection;
``(B) not later than 60 days after the date on
which the evaluation is completed under this
subsection, submit to the Committee on Education and
the Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of
the Senate a report on such evaluation; and
``(C) not later than 90 days after such completion
date, publish and make the results of such evaluation
available on a publicly accessible website of the
Department of Labor.
``(h) Annual Reports.--The Secretary shall make available on a
publicly accessible website of the Department of Labor, in transparent,
linked, open, and interoperable data formats, the following
information:
``(1) The performance of eligible institutions on the
capacity-building performance indicator set forth under
subsection (f)(1)(B).
``(2) The performance of eligible institutions on the
workforce development participant outcome performance
indicators set forth under subsection (f)(1)(C).
``(3) The number of individuals enrolled in workforce
development programs funded with a grant under this section.
``(i) Definitions.--In this section:
``(1) Community college.--The term `community college'
means--
``(A) a public institution of higher education (as
defined in section 101(a) of the Higher Education Act
(20 U.S.C. 1001(a)), at which--
``(i) the highest degree awarded is an
associate degree; or
``(ii) an associate degree is the most
frequently awarded degree;
``(B) a branch campus of a 4-year public
institution of higher education (as defined in section
101 of the Higher Education Act of 1965 (20 U.S.C.
1001)), if, at such branch campus--
``(i) the highest degree awarded is an
associate degree; or
``(ii) an associate degree is the most
frequently awarded degree;
``(C) a 2-year Tribal College or University (as
defined in section 316(b)(3) of the Higher Education
Act of 1965 (20 U.S.C. 1059c(b)(3))); or
``(D) a degree-granting Tribal College or
University (as defined in section 316(b)(3) of the
Higher Education Act of 1965 (20 U.S.C. 1059c(b)(3)))
at which--
``(i) the highest degree awarded is an
associate degree; or
``(ii) an associate degree is the most
frequently awarded degree.
``(2) Eligible institution.--The term `eligible
institution' means--
``(A) a community college;
``(B) a postsecondary vocational institution (as
defined in section 102(c) of the Higher Education Act
of 1965 (20 U.S.C. 1002(c))); or
``(C) a consortium of such colleges or
institutions.
``(j) Supplement Not Supplant.--Funds made available under this
section shall be used to supplement, and not supplant, other Federal,
State, and local public funds made available for carrying out the
activities described in this section.''.
SEC. 180. AUTHORIZATION OF APPROPRIATIONS.
Section 174 of the Workforce Innovation and Opportunity Act, as so
redesignated, is amended--
(1) by redesignating subsections (e) and (f) as subsections
(g) and (h), respectively; and
(2) by striking subsections (a) through (d) and inserting
the following:
``(a) Native American Programs.--There are authorized to be
appropriated to carry out section 166 (not including subsection (k) of
such section) $61,800,000 for each of the fiscal years 2025 through
2030.
``(b) Migrant and Seasonal Farmworker Programs.--There are
authorized to be appropriated to carry out section 167 $100,317,900 for
each of the fiscal years 2025 through 2030.
``(c) Technical Assistance.--There are authorized to be
appropriated to carry out section 168 $5,000,000 for each of the fiscal
years 2025 through 2030.
``(d) Evaluations and Research.--There are authorized to be
appropriated to carry out section 169 $12,720,000 for each of the
fiscal years 2025 through 2030.
``(e) Reentry Program.--There are authorized to be appropriated to
carry out section 172 $115,000,000 for each of the fiscal years 2025
through 2030.
``(f) Strengthening Community Colleges Program.--There are
authorized to be appropriated to carry out section 173 $65,000,000 for
each of the fiscal years 2025 through 2030.''.
Subtitle F--Administration
SEC. 191. REQUIREMENTS AND RESTRICTIONS.
(a) Labor Standards.--Section 181(b) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3241(b)) is amended by adding at the end
the following:
``(8) Consultation.--If an employer provides on-the-job
training, incumbent worker training, or employer-directed
skills development with funds made available under this title
directly to employees of such employer that are subject to a
collective bargaining agreement with the employer, the employer
shall consult with the labor organization that represents such
employees on the planning and design of such training or
development.''.
(b) Relocation.--Section 181(d) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3241(d)) is amended by striking ``incumbent
worker training,'' and inserting ``incumbent worker training, employer-
directed skills development,''.
SEC. 192. GENERAL WAIVERS OF STATUTORY OR REGULATORY REQUIREMENTS.
Section 189(i)(3)(A)(i) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3249(i)(3)(A)(i)) is amended by striking ``procedures
for review and approval of plans'' and inserting ``the procedures for
review and approval of plans, the performance reports described in
section 116(d), and the requirement described in section
134(c)(1)(B)''.
SEC. 193. STATE INNOVATION DEMONSTRATION AUTHORITY.
Section 190 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3250) is amended to read as follows:
``SEC. 190. STATE INNOVATION DEMONSTRATION AUTHORITY.
``(a) Purpose.--The purpose of this section is to--
``(1) authorize States to apply under this section, in the
case of an eligible State, on behalf of the entire State, or
for any State, on behalf of a local area or a consortium of
local areas in the State, to receive the allotments or
allocations of the State or the local areas, respectively, for
youth workforce investment activities and adult and dislocated
worker employment and training activities under this Act, as a
consolidated grant for 5 years for the purpose of carrying out
a demonstration project to pursue innovative reforms to achieve
better outcomes for jobseekers, employers, and taxpayers; and
``(2) require that rigorous evaluations be conducted to
demonstrate if better outcomes and associated innovative
reforms were achieved as a result of such demonstration
projects.
``(b) General Authority.--
``(1) Waivers and demonstration grant amounts.--
Notwithstanding any other provision of law, during the
demonstration period applicable to a demonstration project
approved for a State pursuant to subsection (d)(3), the
Secretary shall comply with each of the following:
``(A) Waivers.--Subject to paragraph (2), waive for
the State as a whole, or for the local area or the
consortium of local areas in such State selected by the
State to carry out such demonstration project, all the
statutory and regulatory requirements of subtitle A and
subtitle B.
``(B) Demonstration grant amounts.--For each fiscal
year applicable to such demonstration period:
``(i) State as a whole.--In a case of a
State approved to carry out a demonstration
project under this section on behalf of the
State as a whole, distribute as a consolidated
sum to the State, for purposes of carrying out
the project, the State's total allotment for
such fiscal year under--
``(I) subsections (b)(1)(C) and
subsection (c) of section 127; and
``(II) paragraphs (1)(B) and (2)(B)
of section 132(b); and
``(III) section 132(c).
``(ii) Local area.--In a case of a local
area selected by a State to carry out a
demonstration project under this section,
require the State to--
``(I) distribute as a consolidated
sum to the local board for such local
area, for purposes of carrying out the
project, the local area's allocation
for such fiscal year under--
``(aa) subsections (b) and
(c) of section 128; and
``(bb) subsections (b) and
(c) of section 133; or
``(II) if the local board of the
local area enters into a written
agreement with the State for the State
to serve as the fiscal agent for the
local board during the demonstration
project, use the funds described in
subclause (I) for purposes of carrying
out the project on behalf of the local
board.
``(iii) Consortium of local areas.--In a
case of a consortium of local areas selected by
a State to carry out a demonstration project
under this section, require the State to--
``(I) distribute as a consolidated
sum to the consortium, for purposes of
carrying out the project, the total
amount of the allocations for the local
areas in such consortium for such
fiscal year under--
``(aa) subsections (b) and
(c) of section 128; and
``(bb) subsections (b) and
(c) of section 133; or
``(II) if the consortium enters
into a written agreement with the State
for the State to serve as the fiscal
agent for the consortium during the
demonstration project, use the funds
described in subclause (I) for purposes
of carrying out the project on behalf
of such consortium.
``(2) Exceptions.--
``(A) In general.--A State, local area, or
consortium of local areas carrying out a demonstration
project under this section shall comply with statutory
or regulatory requirements of this Act relating to--
``(i) performance accountability and
reporting, except as otherwise provided in this
section;
``(ii) the membership of local or State
boards in instances where a State carrying out
a demonstration project will maintain the use
of such boards during the demonstration period;
and
``(iii) the priority of service described
in section 134(c)(3)(E).
``(B) Applicability of defined terms.--In carrying
out a demonstration project under this section, a
State, local area, or consortium of local areas may
only use a term defined in section 3 to describe an
activity carried out under such demonstration project
if the State, local area, or consortium of local areas
gives such term the same meaning as such term is given
under such section.
``(3) Authority for third-party evaluation.--
``(A) In general.--Not later than 180 days after
the first demonstration project is approved under this
section, the Secretary shall contract with a third-
party evaluator to conduct a rigorous evaluation of
each demonstration project approved under this section.
The evaluation shall--
``(i) cover the 5-year period of each
demonstration project;
``(ii) compare the employment and earnings
outcomes of participants in activities carried
out under the demonstration project to--
``(I) the outcomes of similarly
situated individuals that do not
participate in such activities who are
located in such State, local area, or a
local area in such consortium; and
``(II) the outcomes of participants
in activities under this chapter in the
State, local area, or a local area in
the consortium that was awarded a
waiver prior to the award of such
waiver;
``(iii) conduct a qualitative analysis that
identifies any promising practices or innovate
strategies that--
``(I) would not have been conducted
without the waiving of statutory or
regulatory provisions through the
demonstration project; and
``(II) lead to positive employment
and earnings outcomes for the
participants; and
``(iv) compare the outcomes for subclauses
(I) and (II) of clause (i) with respect to the
subpopulations described in section
116(d)(2)(B).
``(B) Report.--Not later than 2 years after the
fifth year of each demonstration project approved under
this section, the Secretary shall submit to the
Committee on Education and the Workforce of the House
of Representatives and the Committee on Health,
Education, Labor, and Pensions, the results of the
evaluation of such conducted under this paragraph.
``(c) Demonstration Period; Limitations.--
``(1) In general.--A demonstration project approved under
this section for a State, local area, or consortium--
``(A) shall be carried out for a 5-year
demonstration period; and
``(B) may be renewed for an additional 5-year
demonstration period, if the State, local area, or
consortium--
``(i) for each of the final 3 years of the
preceding 5-year demonstration period, meets
its expected levels of performance established
under subsection (f)(1)(C); and
``(ii) on the final year of the preceding
5-year demonstration period, achieves a
performance improvement of not less than an
average of a 5-percent increase across all of
the indicators of performance described in
clauses (i) and (ii) of subsection (f)(1)(A),
compared with--
``(I) the highest level of
performance for the corresponding
indicators of performance, as described
in subsection (f)(1)(B)(i) with respect
to such State, for the most recent
program year that ended prior to the
beginning of the first year of the
preceding 5-year demonstration period;
or
``(II) the alternate baseline level
of performance for the corresponding
indicators of performance that is
agreed upon between the State and the
Secretary under subsection
(f)(1)(B)(ii).
``(2) Limitations.--
``(A) Demonstration period limitations.--For each
5-year demonstration period (including renewals of such
period) the Secretary may not approve--
``(i) more than 4 demonstration projects
for States described in paragraph (3) to carry
out a demonstration project described in
subsection (b)(1)(B)(i); and
``(ii) more than 6 demonstration projects
for local areas (or consortia of local areas)
to carry out a demonstration project described
in clause (ii) or (iii) of subsection
(b)(1)(B).
``(B) State limitations.--No more than 1
demonstration project may be approved under this
section per State. For purposes of this subparagraph, a
demonstration project described in clause (ii) or (iii)
of subsection (b)(1)(B) approved for a local area or a
consortium of local areas, respectively, in a State
shall be considered a demonstration project approved
under this section for the State.
``(3) Eligible states.--The Secretary may not approve a
demonstration project for a State as a whole described in
subsection (b)(1)(B)(i) unless, at the time of submission of
the application, such State is--
``(A) a State designated as a single State local
area; or
``(B) a State with--
``(i) a labor force participation rate that
is less than 60 percent for the most recent
program year; and
``(ii) a population of less than 6,000,000,
as determined by the most recent data released
by the Census Bureau.
``(d) Application.--
``(1) In general.--To be eligible to carry out a
demonstration project under this section, a State shall submit
to the Secretary an application at such time and in such manner
as the Secretary may reasonably require, and containing the
information described in paragraph (2).
``(2) Content.--Each application submitted by a State under
this subsection shall include the following:
``(A) A description of the demonstration project to
be carried out under this section, including--
``(i) whether the project will be carried
out--
``(I) by the State as a whole;
``(II) by a local area, and if so--
``(aa) an identification
of--
``(AA) such local
area;
``(BB) whether the
local board for such
local area is the
fiscal agent for the
project, or whether the
local board has entered
into a written
agreement with the
State for the State to
serve as the fiscal
agent during the
project; and
``(bb) written verification
from the local board for such
local area that such local
board agrees--
``(AA) to carry out
such project; and
``(BB) to the
fiscal agent identified
in item (aa)(BB); and
``(III) by a consortium of local
areas in the State, and if so--
``(aa) an identification
of--
``(AA) each local
area that comprises the
consortium; and
``(BB) the local
area that will serve as
the fiscal agent for
the consortium during
the project, or whether
the consortium has
entered into a written
agreement with the
State for the State to
serve as the fiscal
agent; and
``(bb) written verification
from each local board of each
local area identified in item
(aa)(AA) that such local board
agrees--
``(AA) to carry out
such project as a
consortium; and
``(BB) to the
fiscal agent for the
consortium identified
in item (aa)(BB);
``(ii) a description of the activities to
be carried out under the project; and
``(iii) the goals the State, local area, or
consortium intends to achieve through such
activities, which shall be aligned with purpose
described in subsection (a).
``(B) A description of the performance outcomes the
State, the local area, or consortium expects to achieve
for such activities for each year of the demonstration
period as described in subsection (f)(1).
``(C) A description of how the State, local area,
or consortium consulted with employers, the State
board, and the local boards in the State in determining
the activities to carry out under the demonstration
project.
``(D) A description of how the State will make such
activities available to jobseekers and employers in
each of the local areas in the State or, in a case of a
project that will be carried out by a local area or a
consortium, a description of how such services will be
made available to jobseekers and employers in such
local area or each of the local areas in the
consortium.
``(E) A description, if appropriate, of how the
State, local area, or consortium will integrate the
funds received, and the activities carried out, under
the demonstration project under this section with State
workforce development programs and other Federal,
State, or local workforce, education, or social service
programs (including the programs and activities listed
in section 103(a)(2), the program of adult education
and literacy activities authorized under title II, and
the program authorized under title I of the
Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.)).
``(F) An assurance that the State, local area, or
consortium will meet the requirements of this section.
``(3) Secretarial approval.--
``(A) In general.--Not later than 60 days after the
date on which a State submits an application under this
subsection, the Secretary shall--
``(i) in a case in which the application
meets the requirements of this section and is
not subject to the limitations described in
subsection (c)(2), approve such application and
the demonstration project described in such
application; or
``(ii) provide to the State a written
explanation of initial disapproval that meets
the requirements of subparagraph (C).
``(B) Default approval.--With respect to an
application submitted by a State under this subsection
that is not subject to the limitations described in
subsection (c), if the Secretary fails to approve such
application or provide an explanation of initial
disapproval for such application as required under
subparagraph (A), the application and the demonstration
project described in such application shall be deemed
approved by the Secretary.
``(C) Initial disapproval.--An explanation of
initial disapproval provided by the Secretary to a
State under subparagraph (A)(ii) shall provide the
State--
``(i) a detailed explanation of why the
application does not meet the requirements of
this section; and
``(ii) if the State is not subject to the
limitations described in subsection (c), an
opportunity to revise and resubmit the State's
application under this section.
``(e) State Demonstration Project Requirements.--A State, local
area, or consortium that has been approved to carry out a demonstration
project under this section shall meet each of the following
requirements:
``(1) Use of funds.--Use the funds received pursuant to
subsection (b)(1)(B) solely to carry out the activities of the
demonstration project to achieve the goals described in
subsection (d)(2)(A).
``(2) Administrative costs limitation.--Use not more than
10 percent of the funds received pursuant to subsection
(b)(1)(B) for a fiscal year for the administrative costs of
carrying out the demonstration project.
``(3) Priority for services.--Give priority for services
under the project to veterans and their eligible spouses in
accordance with the requirements of section 4215 of title 38,
United States Code, recipients of public assistance, low-income
individuals, and individuals who have foundational skills
needs.
``(4) Number of participants.--Serve a number of
participants under the activities of the demonstration project
for each year of the demonstration period that--
``(A) is greater than the number of participants
served by such State, local area, or consortium under
the programs described in subparagraph (A) of the
definition of the term `core program provision' under
section 3 for the most recent program year that ended
prior to the beginning of the first year of the
demonstration period; or
``(B) is not less than the number of participants
to be served under the activities of the demonstration
project that is agreed upon between the State, local
area, or consortium, and the Secretary--
``(i) prior to the Secretary's approval of
the application submitted under subsection (d);
and
``(ii) after the Secretary takes into
account--
``(I) the goals the State, local
area, or consortium intends to achieve
through the demonstration project; and
``(II) the participants the State,
local area, or consortium intends to
serve under such project; and
``(iii) prior to approval of the
application submitted under subsection (d).
``(5) Reporting outcomes.--Submit, on an annual basis, to
the Secretary a report, with respect to such State, local area,
or consortium, on--
``(A) participant outcomes for each indicator of
performance described in subsection (f)(1)(A) for the
activities carried out under the project; and
``(B) the applicable requirements of section
116(d)(2), including subparagraphs (B) through (G) and
subparagraph (J), as such subparagraphs are applicable
to activities under the demonstration project.
``(6) Compliance with certain existing requirements.--
Comply with the statutory or regulatory requirements listed in
subsection (b)(2).
``(f) Performance Accountability.--
``(1) Establishment of baseline level for performance.--
``(A) In general.--Each State shall describe in the
application submitted under subsection (d), for each
year of the demonstration period--
``(i) with respect to participants who are
at least 25 years old, the expected levels of
performance for each of the indicators of
performance under section 116(b)(2)(A)(i) for
the activities carried out under the project
under this section, which shall meet the
requirements of subparagraph (B); and
``(ii) with respect to participants who are
at least 16 years old and no older than 24
years old, the expected levels of performance
for each of the indicators of performance under
section 116(b)(2)(A)(ii) for the activities
carried out under the project under this
section, which shall meet the requirements of
subparagraph (B).
``(B) 5th year.--Each of the expected levels of
performance established pursuant to subparagraph (A)
for each of the indicators of performance for the 5th
year of the demonstration period shall be higher than--
``(i) the highest level of performance for
the corresponding indicator of performance for
the programs described in subparagraph (A) of
the definition of the term `core program
provisions' under section 3 for the most recent
program year for such State that ended prior to
the beginning of the first year of the
demonstration period; or
``(ii) an alternate baseline level of
performance that is agreed upon between the
State and the Secretary--
``(I) prior to the Secretary's
approval of the application submitted
under subsection (d); and
``(II) after the Secretary takes
into account--
``(aa) the goals the State
intends to achieve through the
demonstration project; and
``(bb) the participants the
State intends to serve under
such project.
``(C) Agreed level for performance on expected
levels of performance.--Prior to approving an
application for a demonstration project submitted by a
State, and using the expected levels of performance
described in such application, the Secretary shall
reach an agreement with such State on the expected
levels of performance for each of the indicators of
performance. In reaching an agreement on such expected
levels of performance, the Secretary and the State may
consider the factors described in section
116(b)(3)(A)(v).
``(2) Sanctions.--
``(A) In general.--The sanctions described in
section 116(f)(1)(B) shall apply to a State, local
area, or consortium beginning on the 3rd year of the
demonstration period for such State, local area, or
consortium, except that the levels of performance
established under subsection (f)(1)(C) of this section
shall be--
``(i) deemed to be the State negotiated
levels of performance for purposes of this
paragraph; and
``(ii) adjusted at the end of each program
year to reflect the actual characteristics of
participants served and the actual economic
conditions experienced using a statistical
adjustment model similar to the model described
in section 116(b)(3)(A)(viii).
``(B) Ineligibility for renewal.--A State, local
area, or consortium that is subject to such sanctions
shall be ineligible to renew its demonstration period
under subsection (c).
``(3) Impact of local or consortium demonstrations on
statewide accountability.--With respect to a State with an
approved demonstration project for a local area or consortium
of local areas in the State--
``(A) the performance of such local area or
consortium for the programs described in subparagraph
(A) of the definition of the term `core program
provision' under section 3 shall not be included in the
levels of performance for such State for any of such
programs for purposes of section 116 for any program
year that is applicable to any year of the
demonstration period; and
``(B) with respect to any local areas of the State
that are not part of the demonstration project, the
State shall reach a new agreement with the Secretary,
for purposes of section 116(b)(3)(A), on levels of
performance for such programs for such program years.
``(g) Termination.--Except as provided under subsection (c)(1)(B),
the Secretary may not approve a demonstration project after December
31, 2030.''.
TITLE II--ADULT EDUCATION AND LITERACY
SEC. 201. PURPOSE.
Section 202 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3271) is amended--
(1) in paragraph (1), by inserting ``(including digital
literacy skills)'' before ``necessary''; and
(2) in paragraph (4), by striking ``English language
learners'' and inserting ``English learners''.
SEC. 202. DEFINITIONS.
Section 203 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3272) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by inserting ``listen,''
after ``write,'';
(B) in subparagraph (B), by striking ``and'' at the
end;
(C) by redesignating subparagraph (C) as
subparagraph (D); and
(D) by inserting after subparagraph (B) the
following:
``(C) develop and use digital literacy skills;
and'';
(2) by redesignating paragraphs (3) through (17) as
paragraphs (4) through (18), respectively;
(3) by inserting after paragraph (2) the following:
``(3) Digital literacy skills.--The term `digital literacy
skills' means the skills associated with using existing and
emerging technologies to find, evaluate, organize, create,
communicate information, and to complete tasks.'';
(4) in paragraph (5)(C) (as so redesignated)--
(A) by striking clause (i) and inserting the
following:
``(i) has foundational skills needs;''; and
(B) in clause (iii), by striking ``English language
learner'' and inserting ``English learner'';
(5) in paragraph (7)(A) (as so redesignated), by striking
``English language learners'' and inserting ``English
learners'';
(6) in paragraph (8) (as so redesignated)--
(A) in the paragraph header, by striking
``language''; and
(B) in the matter preceding subparagraph (A), by
striking ``English language learner'' and inserting
``English learner'';
(7) in the matter preceding subparagraph (A) in paragraph
(10) (as so redesignated), by inserting ``and educational''
after ``the economic'';
(8) in paragraph (13) (as so redesignated)--
(A) by striking ``English language learners'' and
inserting ``English learners''; and
(B) by striking ``workforce training'' and
inserting ``skills development, preparation for
postsecondary education or employment, and financial
literacy instruction''; and
(9) in paragraph (14) (as so redesignated)--
(A) by striking ``and solve'' and inserting
``solve''; and
(B) by inserting ``and use digital technology,''
after ``problems,''.
SEC. 203. AUTHORIZATION OF APPROPRIATIONS.
Section 206 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3275) is amended to read as follows:
``SEC. 206. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
$751,042,100 for each of the fiscal years 2025 through 2030.''.
SEC. 204. SPECIAL RULE.
Section 211(e)(3) of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3291(e)(3)) is amended by striking ``period described in
section 3(45)'' and inserting ``period described in subparagraph (B) of
the definition of the term `outlying area' in section 3''.
SEC. 205. PERFORMANCE ACCOUNTABILITY SYSTEM.
Section 212 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3292) is amended by striking ``section 116.'' and inserting
``section 116, except that the indicator described in subsection
(b)(2)(A)(i)(VI) of such section shall be applied as if it were the
percentage of program participants who exited the program during the
program year and completed an integrated education and training
program.''.
SEC. 206. MATCHING REQUIREMENT.
Section 222(b) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3302(b)) is amended by adding at the end the following:
``(3) Public availability of information on matching
funds.--Each eligible agency shall maintain, on a publicly
accessible website of such agency and in an easily accessible
format, information documenting the non-Federal contributions
made available to adult education and family literacy programs
pursuant to this subsection, including--
``(A) the sources of such contributions, except
that in the case of private contributions, names of the
individuals or entities providing such contributions
may not be disclosed; and
``(B) in the case of funds made available by a
State or outlying area, an explanation of how such
funds are distributed to eligible providers.''.
SEC. 207. STATE LEADERSHIP ACTIVITIES.
Section 223(a) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3303(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking
``activities.'' and inserting ``activities and the
identification of opportunities to coordinate with
activities supported under the Carl D. Perkins Career
and Technical Education Act of 2006 (20 U.S.C. 2301 et
seq.) to expand integrated education and training
programs.'';
(B) in subparagraph (C)--
(i) in clause (ii), by striking ``and'' at
the end;
(ii) in clause (iii), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(iv) assistance in reporting participant
outcomes for the performance accountability
system described in section 212, including
facilitating partnerships with the appropriate
State entities to conduct matches with State
administrative data (such as wage records) to
determine program performance on the indicators
of performance described in subclauses (I)
through (III) of section 116(b)(2)(A)(i).'';
(C) by redesignating subparagraph (D) as
subparagraph (F); and
(D) by inserting after subparagraph (C) the
following:
``(D) The development or identification (which may
be done in coordination with other States) of
instructional materials that--
``(i) are designed to meet the needs of
adult learners and English learners;
``(ii) to the extent practicable, are
evidence-based; and
``(iii) will improve the instruction
provided pursuant to the local activities
required under section 231(b).
``(E) The dissemination of instructional materials
described in subparagraph (D) to eligible providers to
improve the instruction provided pursuant to the local
activities required under section 231(b), including
instructional materials that--
``(i) were developed for integrated
education and training in an in-demand industry
or occupation within the State; and
``(ii) lead to English language
acquisition, a recognized postsecondary
credential, or both.''; and
(2) in paragraph (2)--
(A) in subparagraph (I)(i)--
(i) by striking ``mathematics, and
English'' and inserting ``mathematics,
English''; and
(ii) by striking ``acquisition;'' and
inserting ``acquisition, and digital literacy
skills;'';
(B) in subparagraph (J), by striking ``retention.''
and inserting ``retention, such as the development and
maintenance of policies for awarding recognized
postsecondary credentials to adult educators who
demonstrate effectiveness at improving the achievement
of adult students.'';
(C) in subparagraph (K), by striking ``English
language learners,'' and inserting ``English
learners,'';
(D) by redesignating subparagraph (M) as
subparagraph (P); and
(E) by inserting after subparagraph (L) the
following:
``(M) Performance incentive payments to eligible
providers, including incentive payments linked to
increased use of integrated employment and training or
other forms of instruction linking adult education with
the development of occupational skills for an in-demand
occupation in the State.
``(N) Strengthening the quality and effectiveness
of adult education and family literacy programs in the
State through support for program quality standards and
accreditation requirements.
``(O) Raising public awareness (including through
public service announcements, such as social media
campaigns) about career and technical education
programs and community-based organizations, and other
endeavors focused on programs that prepare individuals
for in-demand industry sectors or occupations.''.
SEC. 208. PROGRAMS FOR CORRECTIONS EDUCATION AND OTHER
INSTITUTIONALIZED INDIVIDUALS.
Section 225 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3305)) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Coordination.--Each eligible agency that is using assistance
provided under this section to carry out a program for criminal
offenders within a correctional institution shall--
``(1) coordinate such educational programs with career and
technical education activities provided to individuals in State
institutions from funds reserved under section 112(a)(2)(A) of
the Carl D. Perkins Career and Technical Education Act of 2006
(20 U.S.C. 2322(a)(2)(A)); and
``(2) identify opportunities to develop integrated
education and training opportunities for such individuals.''.
SEC. 209. GRANTS AND CONTRACTS FOR ELIGIBLE PROVIDERS.
Section 231 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3321) is amended--
(1) in subsection (e)--
(A) in paragraph (1)(B)(ii), by striking ``English
language learners'' and inserting ``English learners'';
(B) in paragraph (5)--
(i) in subparagraph (A), by striking
``and'' at the end;
(ii) in subparagraph (B), by adding ``and''
at the end; and
(iii) by adding at the end the following:
``(C) uses instructional materials that are
designed to meet the needs of adult learners and
English learners and are evidence-based (to the extent
practicable), which may include, but shall not be
required to include, the instructional materials
disseminated by the State under section
223(a)(1)(D);''; and
(C) in paragraph (6)--
(i) by striking ``speaking,'' and inserting
``speaking and listening,''; and
(ii) by inserting before the semicolon at
the end the following: ``, which may include
the application of the principles of universal
design for learning''; and
(2) by adding at the end the following:
``(f) Cost Analysis.--In determining the amount of funds to be
awarded in grants or contracts under this section, the eligible agency
may consider the costs of providing learning in context, including
integrated education and training and workplace adult education and
literacy activities, and the extent to which the eligible provider
intends to serve individuals using such activities, in order to align
the amount of funds awarded with such costs.''.
SEC. 210. LOCAL APPLICATION.
Section 232 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3322) is amended--
(1) in paragraph (4), by inserting ``and coordinate with
the appropriate State entity'' after ``data'';
(2) in paragraph (6), by striking ``and'' at the end;
(3) by redesignating paragraph (7) as paragraph (8); and
(4) by inserting after paragraph (6) the following:
``(7) a description of how the eligible provider will
provide learning in context, including through partnerships
with employers to offer workplace adult education and literacy
activities and integrated education and training; and''.
SEC. 211. LOCAL ADMINISTRATIVE COST LIMITS.
Section 233(a) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3323(a)) is amended--
(1) in paragraph (1), by striking ``95'' and inserting
``85''; and
(2) by amending paragraph (2) to read as follows:
``(2) of the remaining amount--
``(A) not more than 10 percent may be used for
professional development for adult educators; and
``(B) not more than 5 percent shall be used for
planning, administration (including carrying out the
requirements of section 116), professional development
of administrative staff, and the activities described
in paragraphs (3) and (5) of section 232.''.
SEC. 212. NATIONAL LEADERSHIP ACTIVITIES.
Section 242 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3332) is amended--
(1) in subsection (b)(1), by striking ``116;'' and
inserting ``116, including the dissemination of effective
practices used by States to use administrative data to
determine program performance and reduce the data collection
and reporting burden on eligible providers;'';
(2) in paragraphs (1)(B) and (2)(C)(vii)(I) of subsection
(c), by striking ``English language learners'' and inserting
``English learners''; and
(3) in subsection (c)(2)--
(A) in subparagraph (F), by striking ``and'' at the
end;
(B) by redesignating subparagraph (G) as
subparagraph (I); and
(C) by inserting after subparagraph (F) the
following:
``(G) developing and rigorously evaluating programs
for the preparation of effective adult educators and
disseminating the results of such evaluations;
``(H) carrying out initiatives to support the
effectiveness and impact of adult education, that
States may adopt on a voluntary basis, through--
``(i) the development and dissemination of
staffing models that prioritize demonstrated
effectiveness and continuous improvement in
supporting the learning of adult students; and
``(ii) the evaluation and improvement of
program quality standards and accreditation
requirements; and''.
SEC. 213. INTEGRATED ENGLISH LITERACY AND CIVICS EDUCATION.
Section 243(c)(1) of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3333(c)(1)) is amended by striking ``English language
learners'' and inserting ``English learners''.
TITLE III--AMENDMENTS TO OTHER LAWS
SEC. 301. AMENDMENTS TO THE WAGNER-PEYSER ACT.
(a) Definitions.--Section 2(5) of the Wagner-Peyser Act (29 U.S.C.
49a(5)) is amended by inserting ``the Commonwealth of the Northern
Mariana Islands, American Samoa,'' after ``Guam,''.
(b) Unemployment Compensation Law Requirement.--Section 5(b)(1) of
such Act is amended by inserting ``the Commonwealth of the Northern
Mariana Islands, American Samoa,'' after ``Guam,''.
(c) Allotments.--Section 6 of such Act (29 U.S.C. 49e) is amended--
(1) in subsection (a)--
(A) by striking ``except for Guam'' and inserting
``except for Guam, the Commonwealth of the Northern
Mariana Islands, and American Samoa'';
(B) by striking ``first allot to Guam and the
Virgin Islands'' and inserting the following: ``first
allot--
``(1) to Guam and the Virgin Islands'';
(C) by striking the period at the end and inserting
``; and''; and
(D) by adding at the end the following:
``(2) beginning with the first fiscal year for which the
total amount available for allotments under this section is
greater than the total amount available for allotments under
this section for fiscal year 2024, and for each succeeding
fiscal year, to each of the Commonwealth of the Northern
Mariana Islands and American Samoa, an amount which is equal to
one-half of the amount allotted to Guam under paragraph (1) for
such fiscal year.''; and
(2) in subsection (b)(1), in the matter following
subparagraph (B), by inserting ``, the Commonwealth of the
Northern Mariana Islands, American Samoa,'' after ``Guam''.
(d) Use of Funds.--Section 7 of such Act (29 U.S.C. 49f) is
amended--
(1) in subsection (a)(1), by striking ``and referral to
employers'' and inserting ``referral to employers, and the
services described in section 134(c)(2)(A)(ii) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3174(c)(2)(A)(ii))
when provided by the employment service office colocated with
the one-stop delivery system''; and
(2) in subsection (e), by inserting before the period at
the end the following: ``and in accordance with the
requirements of section 134(c)(2)(A)(i)(I) of the Workforce
Innovation and Opportunity Act (29 U.S.C.
3174(c)(2)(A)(i)(I))''.
(e) Workforce and Labor Market Information System.--Section 15 of
such Act (29 U.S.C. 49l-2) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by
striking ``timely manner'' and inserting
``manner that is as close to real-time as
practicable'';
(ii) in clause (i), by striking ``part-
time, and seasonal workers'' and inserting
``part-time, contingent, and seasonal workers,
and workers engaged in alternative employment
arrangements'';
(iii) by redesignating clauses (iii) and
(iv) as clauses (iv) and (v), respectively; and
(iv) by inserting after clause (ii), the
following:
``(iii) real-time trends in new and
emerging occupational roles, and in new and
emerging skills by occupation and industry,
with particular attention paid to State and
local conditions;'';
(B) in subparagraph (B)(i), by inserting
``(including, to the extent practicable, real-time)''
after ``current''; and
(C) in subparagraph (G), by striking ``user-
friendly manner and'' and inserting ``manner that is
available on-demand and is user-friendly,'';
(2) in subsection (b)(2)(F)--
(A) in clause (i), by striking ``; and'' and
inserting ``(including, to the extent practicable,
provided in real time);'';
(B) by redesignating clause (ii) as clause (iii);
and
(C) by inserting after clause (i), as so amended,
the following:
``(ii) the capabilities of digital
technology and modern data collection
approaches are effectively utilized; and''; and
(3) by amending subsection (g) to read as follows:
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $64,532,600 for each of the
fiscal years 2025 through 2030.''.
SEC. 302. JOB TRAINING GRANTS.
Section 414(c) of the American Competitiveness and Workforce
Improvement Act of 1998 (29 U.S.C. 3224a) is amended to read as
follows:
``(c) Job Training Grants.--
``(1) Allotment.--
``(A) In general.--Of the funds available under
section 286(s)(2) of the Immigration and Nationality
Act (8 U.S.C. 1356(s)(2)), the Secretary of Labor
shall--
``(i) return permanently 12 percent of such
amounts in each fiscal year to the general fund
of the Treasury; and
``(ii) of the remainder, make allotments to
each State that receives an allotment under
section 132(b) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3172) for the
purpose of providing training services through
individual training accounts for eligible
dislocated workers as described in paragraph
(2)(A).
``(B) Reservation; allotment among states.--
``(i) Reservation.--From the amount made
available under subparagraph (A)(ii) for a
fiscal year, the Secretary shall reserve not
more than \1/4\ of 1 percent of such amount to
provide assistance to the outlying areas for
the purpose described in paragraph (2)(A).
``(ii) Allotment among states.--The
Secretary shall use the remainder of the amount
made available under subparagraph (A)(ii) for a
fiscal year to make allotments to States
described in such subparagraph on the following
basis:
``(I) 33 and \1/3\ percent shall be
allotted on the basis of the relative
number of unemployed individuals in
each such State, compared to the total
number of unemployed individuals in all
such States.
``(II) 33 and \1/3\ percent shall
be allotted based on the relative
number of disadvantaged adults in each
such State, compared to the total
number of disadvantaged adults in all
such States.
``(III) 33 and \1/3\ percent shall
be allotted on the basis of the
relative number of individuals in the
civilian labor force in each such
State, compared to the total number in
the civilian labor force in all such
States.
``(iii) Disadvantaged adult defined.--For
purposes of this subparagraph and subparagraph
(C), the term `disadvantaged adult' has the
meaning given such term in section
132(b)(1)(B)(v)(IV) of the Workforce Innovation
and Opportunity Act (29 U.S.C.
3172(b)(1)(B)(v)(IV)).
``(iv) Reallotment.--
``(I) In general.--The Secretary of
Labor shall, in accordance with this
clause, reallot to eligible States
amounts that are made available to
States from allotments made under this
subparagraph (referred to individually
in this subsection as a `State
allotment') and that are available for
reallotment.
``(II) Amount.--The amount
available for reallotment for a program
year is equal to the amount by which
the unobligated balance of the State
allotment, at the end of the program
year prior to the program year for
which the determination under this
subclause is made, exceeds 20 percent
of such allotment for the prior program
year.
``(III) Reallotment.--In making
reallotments to eligible States of
amounts available pursuant to subclause
(II) for a program year, the Secretary
shall allot to each eligible State an
amount based on the relative amount of
the State allotment for the program
year for which the determination is
made, as compared to the total amount
of the State allotments for all
eligible States for such program year.
``(IV) Eligibility.--For purposes
of this subsection, an eligible State
means a State that does not have an
amount available for reallotment under
subclause (II) for the program year for
which the determination under subclause
(II) is made.
``(C) Within state allocations.--
``(i) In general.--The Governor shall
allocate the funds allotted to the State under
subparagraph (B)(ii) for a fiscal year to the
local areas in the State on the following
basis:
``(I) 33 and \1/3\ percent of the
funds on the basis described in
subparagraph (B)(ii)(I).
``(II) 33 and \1/3\ percent of the
funds on the basis described in
subparagraph (B)(ii)(II).
``(III) 33 and \1/3\ percent of the
funds on the basis described in
subparagraph (B)(ii)(III).
``(ii) Application.--For purposes of
carrying out clause (i)--
``(I) references in subparagraph
(B)(ii) to a State shall be deemed to
be references to a local area; and
``(II) references in subparagraph
(B)(ii) to all States shall be deemed
to be references to all local areas in
the State involved.
``(iii) Reallocation among local areas.--
``(I) In general.--The Governor
may, in accordance with this clause and
after consultation with the State
board, reallocate to eligible local
areas within the State amounts that are
made available to local areas from
allocations made under this
subparagraph (referred to individually
in this subsection as a `local
allocation') and that are available for
reallocation.
``(II) Amount.--The amount
available for reallocation for a
program year is equal to the amount by
which the unobligated balance of the
local allocation, at the end of the
program year prior to the program year
for which the determination under this
subclause is made, exceeds 20 percent
of such allocation for the prior
program year.
``(III) Reallocation.--In making
reallocations to eligible local areas
of amounts available pursuant to
subclause (II) for a program year, the
Governor shall allocate to each
eligible local area within the State an
amount based on the relative amount of
the local allocation for the program
year for which the determination is
made, as compared to the total amount
of the local allocations for all
eligible local areas in the State for
such program year.
``(IV) Eligibility.--For purposes
of this subsection, an eligible local
area means a local area that does not
have an amount available for
reallotment under subclause (II) for
the program year for which the
determination under subclause (II) is
made.
``(2) Use of funds.--
``(A) In general.--Funds allocated pursuant to
paragraph (1) to a local area shall be used to pay,
through the use of an individual training account in
the accordance with section 134(c)(3)(F)(iii) of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3174(c)(3)(F)(iii)), an eligible provider of training
services from the list of eligible providers of
training services described in section 122(d) of such
Act (29 U.S.C. 3152(d)) for training services provided
to eligible dislocated workers in the local area.
``(B) Requirements for local areas.--As a condition
of receipt of funds under paragraph (1), a local area
shall agree to each of the following:
``(i) Required notice to workers.--Prior to
an eligible dislocated worker selecting a
program of training services from the list of
eligible providers of training services under
section 122(d) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3152(d)), the local
area shall inform such dislocated worker of any
opportunities the dislocated worker may have to
participate in on-the-job training or employer-
directed skills development funded through such
local area.
``(ii) Amounts available.--Except as
provided in clause (iv)(II), a local area--
``(I) may not limit the maximum
amount available for an individual
training account for an eligible
dislocated worker under subparagraph
(A) to an amount that is less than
$5,000; and
``(II) may not pay an amount,
through the use of an individual
training account under subparagraph
(A), for training services provided to
an eligible dislocated worker that
exceeds the costs of such services.
``(iii) WIOA funds.--A local area may not
use funds made available to the local area for
a fiscal year pursuant to section 134(c)(1)(B)
of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3174(c)(1)(B)) to make payments
under subparagraph (A) until the funds
allocated to the local area pursuant to
paragraph (1) of this subsection for such
fiscal year have been exhausted.
``(iv) Exhaustion of allocations.--Upon the
exhaustion of the funds allocated to the local
area pursuant to paragraph (1) of this
subsection, for the purpose of paying, through
the use of individual training accounts under
subparagraph (A), the costs of training
services for eligible dislocated workers in the
local area seeking such services, the local
area--
``(I) shall use any funds made
available to the local area pursuant to
section 134(c)(1)(B) of the Workforce
Innovation and Opportunity Act (29
U.S.C. 3174(c)(1)(B)) to pay for such
costs under subparagraph (A) (other
than any costs that exceed the limit
set by the local area pursuant to
subclause (II)); and
``(II) for any eligible dislocated
worker who is not a low-income
individual, may limit the maximum
amount available for the individual
training account under subparagraph (A)
for such worker to an amount that is
less than $5,000.
``(3) Eligible dislocated worker.--A dislocated worker
shall be an eligible dislocated worker for purposes of this
subsection if the dislocated worker--
``(A) meets the requirements under section
134(c)(3)(A)(i) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3174(c)(3)(A)(i)) to be
eligible for training services;
``(B) has not received training services through an
individual training account under this subsection or
under section 134(c)(3)(F)(iii) of the Workforce
Innovation and Opportunity Act (29 U.S.C.
3174(c)(3)(F)(iii)) during the preceding 5-year period
or, if such a worker has received such training
services during such period, the worker has been
granted an exception by the local area due to an
exceptional circumstance, as determined by the local
area; and
``(C) is not subject to any limitations established
by the local area or State involved pursuant to
paragraph (4), which would disqualify such dislocated
worker from being an eligible dislocated worker under
this subsection.
``(4) State or local area limitations.--A State or local
area may establish limitations on the eligibility of an
otherwise eligible dislocated worker who has previously
received training services through an individual training
account under this subsection or under section
134(c)(3)(F)(iii) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3174(c)(3)(F)(iii)) to receive a subsequent
individual training account under this subsection.
``(5) Excess demand.--Upon the exhaustion of the funds
allocated to a local area pursuant to paragraph (1) of this
subsection and any funds that may be available to such local
area pursuant to section 134(c)(1)(B) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3174(c)(1)(B)) for
the purpose described in paragraph (2)(A) of this subsection,
the local area--
``(A) may request additional funds for such purpose
from the Governor under section 134(a)(2)(A)(i)(III) of
the Workforce Innovation and Opportunity Act (29 U.S.C.
3174(a)(2)(A)(i)(III)); and
``(B) shall not be required to pay for training
services or establish an individual training account
for an eligible dislocated worker.
``(6) Definitions.--Except as otherwise specified, a term
used in this subsection shall have the meaning given such term
in section 3 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3102).
``(7) Rule of construction.--Nothing in this subsection
shall be construed to provide an individual with an entitlement
to a service under this subsection or under title I of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et
seq.) or to mandate a State or local area to provide a service
if Federal funds are not available for such service.''.
SEC. 303. ACCESS TO NATIONAL DIRECTORY OF NEW HIRES.
Section 453(j)(8) of the Social Security Act (42 U.S.C. 653(j)(8))
is amended--
(1) in subparagraph (A)--
(A) by inserting ``or conducting the reporting and
evaluation activities required under section 116 of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3141)'' after ``State law''; and
(B) by striking ``such program'' and inserting
``such programs'' ; and
(2) in subparagraph (C)(i), by striking ``purposes of
administering a program referred to'' and inserting ``the
purposes specified''.
Passed the House of Representatives April 9, 2024.
Attest:
Clerk.
118th CONGRESS
2d Session
H. R. 6655
_______________________________________________________________________
AN ACT
To amend and reauthorize the Workforce Innovation and Opportunity Act.