[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3825 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 3825
To amend the Workforce Innovation and Opportunity Act to establish a
State innovation demonstration authority.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2024
Mr. Romney introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Workforce Innovation and Opportunity Act to establish a
State innovation demonstration authority.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``One Door to Work Act''.
SEC. 2. 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 authorize any
State to apply under this section on behalf of the entire State, or 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,
and for activities under the Wagner-Peyser 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.
``(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--
``(i) all the statutory and regulatory
requirements of subtitle A, subtitle B, and
this subtitle; and
``(ii) all the statutory or regulatory
requirements of the Wagner-Peyser Act (29
U.S.C. 49g et seq.).
``(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 (c)
of section 127;
``(II) paragraphs (1)(B) and (2)(B)
of section 132(b), and section 132(c);
and
``(III) section 6 of the Wagner-
Peyser Act (29 U.S.C. 49e).
``(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--
``(aa) 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; and
``(bb) any funds under
section 6 of the Wagner-Peyser
Act (29 U.S.C. 49e) that the
State would otherwise allocate
for such fiscal year to the
one-stop delivery system in the
local area; 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
items (aa) and (bb) of 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--
``(aa) 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; and
``(bb) any funds under
section 6 of the Wagner-Peyser
Act (29 U.S.C. 49e) that the
State would otherwise allocate
for such fiscal year to the
one-stop delivery systems in
the local areas in such
consortium; or
``(II) if the consortium enters
into a written agreement with the State
for the State to serve as the fiscal
agent for the local boards represented
in the consortium during the
demonstration project, use the funds
described in items (aa) and (bb) of
subclause (I) for purposes of carrying
out the project on behalf of such
consortium.
``(2) Exceptions.--A State, local area, or consortium of
local areas carrying out a demonstration project under this
section--
``(A) shall comply with statutory or regulatory
requirements of--
``(i) this Act relating to--
``(I) wage and labor standards;
``(II) nondisplacement protections;
``(III) participation and
protection of workers and participants;
``(IV) nondiscrimination;
``(V) grievance procedures and
judicial review; and
``(VI) performance accountability
and reporting, except as otherwise
provided in this section; and
``(ii) the Wagner-Peyser Act relating to
provision of services to unemployed insurance
claimants and veterans, and relating to
universal access to basic labor exchange
services without cost to jobseekers; and
``(B) may choose to comply with any other statutory
or regulatory requirement of this Act or the Wagner-
Peyser Act.
``(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 additional 5-year
demonstration periods, if the State, local area, or
consortium meets its expected levels of performance
established under subsection (f)(1) for each of the
final 3 years of the preceding 5-year period.
``(2) Limitations.--
``(A) Demonstration period limitations.--For each
5-year demonstration period (including renewals of such
period)--
``(i) not more than 8 States may carry out
demonstration projects approved for a State as
a whole under this section; and
``(ii) not more than 8 local areas (or
consortia of local areas) may carry out
demonstration projects approved for a local
area (or a consortium) under this section.
``(B) State limitations.--Not more than 1
demonstration project may be approved under this
section per State. For purposes of this paragraph, a
demonstration project approved for a local area or a
consortium of local areas in a State shall be
considered a demonstration project approved under this
section for the State.
``(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; and
``(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 or
State 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)(2), 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) detailed reasons for 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)(2), 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)(iii).
``(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 are basic skills deficient.
``(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 subparagraphs (A) and (C) of
section 3(13) 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);
``(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)(A).
``(7) Evaluation.--Prior to the end of the demonstration
period--
``(A) conduct a rigorous evaluation of the
employment and earnings outcomes of participants in
activities carried out under the demonstration project,
compared to the outcomes of similarly situated
individuals in such State, local area, or a local area
in the consortium that do not participate in such
activities; and
``(B) submit to Congress and the Secretary the
results of such evaluation.
``(f) Performance Accountability.--
``(1) Establishment of expected performance indicators.--
``(A) In general.--Each State, local area, or
consortium shall establish 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 for each of the indicators of
performance under clauses (i) and (ii) of section
116(b)(2)(A) pursuant to subparagraph (A) 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 subparagraphs (A) and
(C) of section 3(13) for the most recent
program year 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, 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--
``(aa) the goals the State,
local area, or consortium
intends to achieve through the
demonstration project; and
``(bb) the participants the
State, local area, or
consortium intends to serve
under such project.
``(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 paragraph (1) 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 sanctions under
this paragraph 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 subparagraphs
(A) and (C) of section 3(13) 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.''.
<all>