H. R. 6655

118

CONGRESS

ESSION

H. R. 6655

To amend and reauthorize the Workforce Innovation and Opportunity Act.

IN THE HOUSE OF REPRESENTATIVES

ECEMBER

7, 2023

Ms. F

OXX

(for herself and Mr. S

COTT

of Virginia) introduced the following

bill; which was referred to the Committee on Education and the Work-

force, and in addition to the Committee on Ways and Means, for a period

to be subsequently determined by the Speaker, in each case for consider-

ation of such provisions as fall within the jurisdiction of the committee

concerned

A BILL

To amend and reauthorize the Workforce Innovation and

Opportunity Act.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3

(a) S

HORT

ITLE

.—This Act may be cited as the ‘‘A 4

Stronger Workforce for America Act’’. 5

(b) T

ABLE OF

ONTENTS

.—The table of contents for 6

this Act is as follows: 7

Sec. 1. Short title; table of contents.

Sec. 2. Effective date; transition authority.

TITLE I—WORKFORCE DEVELOPMENT ACTIVITIES

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Subtitle A—General Provisions

Sec. 101. Definitions.

Sec. 102. Table of contents amendments.

Subtitle B—System Alignment

HAPTER

1—S

TATE

ROVISIONS

Sec. 111. Unified State plan.

HAPTER

2—L

OCAL

ROVISIONS

Sec. 115. Workforce development areas.

Sec. 116. Local workforce development boards.

Sec. 117. Local plan.

HAPTER

3—P

ERFORMANCE

CCOUNTABILITY

Sec. 119. Performance accountability system.

Subtitle C—Workforce Investment Activities and Providers

HAPTER

1—W

ORKFORCE

NVESTMENT

CTIVITIES AND

ROVIDERS

Sec. 121. Establishment of one-stop delivery systems.

Sec. 122. Identification of eligible providers and programs of training services.

HAPTER

2—Y

OUTH

ORKFORCE

NVESTMENT

CTIVITIES

Sec. 131. Reservations for statewide activities.

Sec. 132. Use of funds for youth workforce investment activities.

HAPTER

3—A

DULT AND

ISLOCATED

ORKER

MPLOYMENT AND

RAINING

CTIVITIES

Sec. 141. State allotments.

Sec. 142. Reservations for State activities; within State allocations.

Sec. 143. Use of funds for employment and training activities.

HAPTER

4—A

UTHORIZATION OF

PPROPRIATIONS

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.

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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. Performance accountability system.

Sec. 205. Matching requirement.

Sec. 206. State leadership activities.

Sec. 207. Programs for corrections education and other institutionalized indi-

viduals.

Sec. 208. Grants and contracts for eligible providers.

Sec. 209. Local application.

Sec. 210. Local administrative cost limits.

Sec. 211. National leadership activities.

Sec. 212. 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) E

FFECTIVE

ATE

.—This Act, and the amend-2

ments made by this Act, shall take effect on the first date 3

of the first program year that begins after the date of en-4

actment of this Act. 5

(b) T

RANSITION

UTHORITY

.— 6

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(1) I

N GENERAL

.—The Secretary of Labor and 1

the Secretary of Education shall have the authority 2

to take such steps as are necessary before the effec-3

tive date to provide for the orderly implementation 4

on such date of the amendments to the Workforce 5

Innovation and Opportunity Act (29 U.S.C. 3101 et 6

seq.) made by this Act. 7

(2) C

ONFORMING AMENDMENT

.—Section 503 8

of the Workforce Innovation and Opportunity Act 9

(29 U.S.C. 3343) is repealed. 10

TITLE I—WORKFORCE 11

DEVELOPMENT ACTIVITIES 12

Subtitle A—General Provisions 13

SEC. 101. DEFINITIONS. 14

(a) F

OUNDATIONAL

KILL

EEDS

.—Section 3 of the 15

Workforce Innovation and Opportunity Act (29 U.S.C. 16

3102) is amended by amending paragraph (5) to read as 17

follows: 18

‘‘(5) F

OUNDATIONAL SKILL NEEDS

.—The term 19

‘foundational skill needs’ means, with respect to an 20

individual who is a youth or adult, that the indi-21

vidual— 22

‘‘(A) has English reading, writing, or com-23

puting skills at or below the 8th grade level on 24

a generally accepted standardized test; or 25

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‘‘(B) is unable to compute or solve prob-1

lems, or read, write, or speak English, or does 2

not possess digital literacy skills, at a level nec-3

essary to function on the job, in the individual’s 4

family, or in society.’’. 5

(b) E

MPLOYER

-D

IRECTED

KILLS

EVELOPMENT

.— 6

Section 3 of the Workforce Innovation and Opportunity 7

Act (29 U.S.C. 3102) is further amended by amending 8

paragraph (14) to read as follows: 9

‘‘(14) E

MPLOYER

DIRECTED SKILLS DEVELOP

-10

MENT

.—The term ‘employer-directed skills develop-11

ment’ means a program— 12

‘‘(A) that is selected or designed to meet 13

the specific skill demands of an employer (in-14

cluding a group of employers); 15

‘‘(B) that is conducted pursuant to the 16

terms and conditions established under an em-17

ployer-directed skills agreement described in 18

section 134(c)(3)(I), including a commitment 19

by the employer to employ an individual upon 20

successful completion of the program; and 21

‘‘(C) for which the employer pays a portion 22

of the cost of the program, as determined by 23

the local board involved, which shall not be less 24

than— 25

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‘‘(i) 10 percent of the cost, in the case 1

of an employer with 50 or fewer employees; 2

‘‘(ii) 25 percent of the cost, in the 3

case of an employer with more than 50, 4

but fewer than 100 employees; and 5

‘‘(iii) 50 percent of the cost, in the 6

case of an employer with 100 or more em-7

ployees.’’. 8

ISPLACED

OMEMAKER

.—Section 3 of the 9

Workforce Innovation and Opportunity Act (29 U.S.C. 10

3102) is further amended by amending paragraph (16), 11

in the matter preceding subparagraph (A), by striking 12

‘‘family members’’ and inserting ‘‘a family member’’. 13

(d) E

LIGIBLE

OUTH

.—Section 3 of the Workforce 14

Innovation and Opportunity Act (29 U.S.C. 3102) is fur-15

ther amended by amending paragraph (18), by striking 16

‘‘out-of-school’’ and inserting ‘‘opportunity’’. 17

(e) E

NGLISH

EARNER

.—Section 3 of the Workforce 18

Innovation and Opportunity Act (29 U.S.C. 3102) is fur-19

ther amended by amending paragraph (21)— 20

(1) in the heading, by striking ‘‘

LANGUAGE

’’; 21

and 22

(2) by striking ‘‘language’’. 23

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(f) J

USTICE

-I

NVOLVED

NDIVIDUAL

.—Section 3 of 1

the Workforce Innovation and Opportunity Act (29 U.S.C. 2

3102) is further amended by amending paragraph (38)— 3

(1) in the heading, by striking ‘‘O

FFENDER

’’ 4

and inserting ‘‘J

USTICE

INVOLVED INDIVIDUAL

’’; 5

and 6

(2) in the matter preceding subparagraph (A), 7

by striking ‘‘offender’’ and inserting ‘‘justice-in-8

volved individual’’. 9

(g) O

PPORTUNITY

OUTH

.—Section 3 of the Work-10

force Innovation and Opportunity Act (29 U.S.C. 3102) 11

is further amended by amending paragraph (46)— 12

(1) in the heading, by striking ‘‘O

- 13

SCHOOL

’’ and inserting ‘‘O

PPORTUNITY

’’; and 14

(2) by striking ‘‘out-of-school’’ and inserting 15

‘‘opportunity’’. 16

(h) P

FOR

-P

ERFORMANCE

ONTRACT

TRAT

-17

EGY

.—Section 3 of the Workforce Innovation and Oppor-18

tunity Act (29 U.S.C. 3102) is further amended by 19

amending paragraph (47) to read as follows: 20

‘‘(47) P

FOR

PERFORMANCE CONTRACT

STRATEGY

.—The term ‘pay-for-performance contract 22

strategy’ means a specific type of performance-based 23

acquisition that uses pay-for-performance contracts 24

in the provision of services described in paragraphs 25

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(2) or (3) of section 134(c) or activities described in 1

section 129(c)(2), and includes— 2

‘‘(A) contracts, each of which— 3

‘‘(i) shall specify a fixed amount that 4

will be paid to an eligible service provider 5

(which may include a local or national 6

community-based organization or inter-7

mediary, community college, or other pro-8

vider) based on the achievement of speci-9

fied levels of performance on the primary 10

indicators of performance described in sec-11

tion 116(b)(2)(A) for target populations as 12

identified by the local board (including in-13

dividuals with barriers to employment), 14

within a defined timetable; 15

‘‘(ii) may not be required by the Sec-16

retary to be informed by a feasibility 17

study; and 18

‘‘(iii) may provide for bonus payments 19

to such service provider to expand capacity 20

to provide effective training; 21

‘‘(B) a strategy for validating the achieve-22

ment of the performance described in subpara-23

graph (A); and 24

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‘‘(C) a description of how the State or 1

local area will reallocate funds not paid to a 2

provider because the achievement of the per-3

formance described in subparagraph (A) did not 4

occur, for further activities related to such a 5

procurement strategy, subject to section 6

189(g)(4).’’. 7

(i) R

APID

ESPONSE

CTIVITY

.—Section 3 of the 8

Workforce Innovation and Opportunity Act (29 U.S.C. 9

3102) is further amended by amending paragraph (51)— 10

(1) in the matter preceding subparagraph (A), 11

by inserting ‘‘, through a rapid response unit’’ after 12

‘‘designated by a State’’; 13

(2) in subparagraph (B), by inserting before 14

the semicolon at the end the following: ‘‘, including 15

individual training accounts for eligible dislocated 16

workers under section 414(c) of the American Com-17

petitiveness and Workforce Improvement Act of 18

1998 (29 U.S.C. 3224a)’’; 19

(3) in subparagraph (D), by striking ‘‘and’’ at 20

the end; 21

(4) by redesignating subparagraph (E) as sub-22

paragraph (F); 23

(5) by inserting after subparagraph (D) the fol-24

lowing new paragraph: 25

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‘‘(E) assistance in identifying employees el-1

igible for assistance, including workers who 2

work a majority of their time off-site or re-3

motely;’’; 4

(6) in paragraph (F), as so redesignated, by 5

striking the period at the end and inserting ‘‘; and’’; 6

and 7

(7) by adding at the end the following: 8

‘‘(G) business engagement or layoff aver-9

sion strategies and other activities designed to 10

prevent or minimize the duration of unemploy-11

ment, such as— 12

‘‘(i) connecting employers to short- 13

term compensation or other programs de-14

signed to prevent layoffs; 15

‘‘(ii) conducting employee skill assess-16

ment and matching programs to different 17

occupations; 18

‘‘(iii) establishing incumbent worker 19

training or other upskilling approaches, in-20

cluding incumbent worker upskilling ac-21

counts described in section 134(d)(4)(E); 22

‘‘(iv) facilitating business support ac-23

tivities, such as connecting employers to 24

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programs that offer access to credit, finan-1

cial support, and business consulting; and 2

‘‘(v) partnering or contracting with 3

business-focused organizations to assess 4

risks to companies, and to propose, imple-5

ment, and measure the impact of strategies 6

and services to address such risks.’’. 7

(j) N

EFINITIONS

.—Section 3 of the Workforce 8

Innovation and Opportunity Act (29 U.S.C. 3102) is fur-9

ther amended by adding at the end the following: 10

‘‘(72) C

ENROLLMENT

.—The term ‘co-enroll-11

ment’ means simultaneous enrollment in more than 12

one of the programs or activities carried out by a 13

one-stop partner in section 121(b)(1)(B). 14

‘‘(73) D

IGITAL LITERACY SKILLS

.—The term 15

‘digital literacy skills’ has the meaning given the 16

term in section 203. 17

‘‘(74) E

VIDENCE

BASED

.—The term ‘evidence- 18

based’, when used with respect to an activity, serv-19

ice, strategy, or intervention, means an activity, 20

service, strategy, or intervention that— 21

‘‘(A) demonstrates a statistically signifi-22

cant effect on improving participant outcomes 23

or other relevant outcomes based on— 24

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‘‘(i) strong evidence from at least 1 1

well-designed and well-implemented experi-2

mental study; 3

‘‘(ii) moderate evidence from at least 4

1 well-designed and well-implemented 5

quasi-experimental study; or 6

‘‘(iii) promising evidence from at least 7

1 well-designed and well-implemented cor-8

relational study with statistical controls for 9

selection bias; or 10

‘‘(B)(i) demonstrates a rationale based on 11

high-quality research findings or positive eval-12

uation that such activity, strategy, or interven-13

tion is likely to improve student outcomes or 14

other relevant outcomes; and 15

‘‘(ii) includes ongoing efforts to examine 16

the effects of such activity, service, strategy, or 17

intervention. 18

‘‘(75) L

ABOR ORGANIZATION

.—The term ‘labor 19

organization’ has the meaning given the term in sec-20

tion 2(5) of the National Labor Relations Act (29 21

U.S.C. 152(5)). 22

‘‘(76) W

ORK

BASED LEARNING

.—The term 23

‘work-based learning’ has the meaning given the 24

term in section 3 of the Carl D. Perkins Career and 25

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Technical Education Act of 2006 (20 U.S.C. 1

2302).’’. 2

SEC. 102. TABLE OF CONTENTS AMENDMENTS. 3

The table of contents in section 1(b) of the Workforce 4

Innovation and Opportunity Act is amended— 5

(1) by redesignating the item relating to section 6

172 as section 174; 7

(2) by inserting after the item relating to sec-8

tion 171, the following: 9

‘‘Sec. 172. Reentry employment opportunities.

‘‘Sec. 173. Strengthening community colleges workforce development grants

program.’’;

and 10

(3) by striking the item relating to section 190 11

and inserting the following: 12

‘‘Sec. 190. State innovation demonstration authority.’’.

Subtitle B—System Alignment 13

CHAPTER 1—STATE PROVISIONS 14

SEC. 111. UNIFIED STATE PLAN. 15

Section 102 of the Workforce Innovation and Oppor-16

tunity Act (29 U.S.C. 3112) is amended— 17

(1) in subsection (b)— 18

(A) in paragraph (1)— 19

(i) by redesignating subparagraphs 20

through (F), respectively; 22

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(ii) by inserting the following after 1

subparagraph (B): 2

‘‘(C) a description of— 3

‘‘(i) how the State will use real-time 4

labor market information to continually as-5

sess the economic conditions and workforce 6

trends described in subparagraphs (A) and 7

(B); and 8

‘‘(ii) how the State will communicate 9

changes in such conditions or trends to the 10

workforce system in the State;’’; 11

(iii) in subparagraph (D), as so redes-12

ignated, by inserting ‘‘the extent to which 13

such activities are evidence-based,’’ after 14

‘‘of such activities,’’; 15

(iv) in subparagraph (E), as so redes-16

ignated, by striking ‘‘and’’ at the end; 17

(v) in subparagraph (F), as so redes-18

ignated, by striking the period at the end 19

and inserting a semicolon; and 20

(vi) by adding at the end the fol-21

lowing: 22

‘‘(F) a description of any activities the 23

State is conducting to expand economic oppor-24

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tunity for individuals and reduce barriers to 1

labor market entry by— 2

‘‘(i) developing, in cooperation with 3

employers, education and training pro-4

viders, and other stakeholders, statewide 5

skills-based initiatives that promote the use 6

of demonstrated skills and competencies as 7

an alternative to the exclusive use of de-8

gree attainment as a requirement for em-9

ployment or advancement in a career; and 10

‘‘(ii) evaluating the existing occupa-11

tional licensing policies in the State and 12

identifying potential changes to recommend 13

to the appropriate State entity to— 14

‘‘(I) remove or streamline licens-15

ing requirements, as appropriate; and 16

‘‘(II) improve the reciprocity of 17

licensing, including through partici-18

pating in interstate licensing com-19

pacts; and 20

‘‘(G) an analysis of the opportunity youth 21

population in the State, including the estimated 22

number of opportunity youth and any gaps in 23

services provided to such population by other 24

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existing workforce development activities, as 1

identified under subparagraph (D).’’; and 2

(B) in paragraph (2)— 3

(i) in subparagraph (B), by striking 4

‘‘including a description’’ and inserting 5

‘‘which may include a description’’; 6

(ii) in subparagraph (C)— 7

(I) in clause (ii)(I), by inserting 8

‘‘utilizing a continuous quality im-9

provement approach,’’ after ‘‘year,’’ 10

(II) in clause (vi), by inserting 11

‘‘and’’ at the end; 12

(III) in clause (vii), by striking ‘‘; 13

and’’ and inserting a period; and 14

(IV) by striking clause (viii); 15

(iii) in subparagraph (D)(i)(II), by 16

striking ‘‘any’’; and 17

(iv) in subparagraph (E)— 18

(I) in clause (viii)(II), by insert-19

ing ‘‘and’’ at the end; 20

(II) in clause (ix), by striking ‘‘; 21

and’’ at the end and inserting a pe-22

riod; and 23

(III) by striking clause (x); and 24

(2) in subsection (c)(3)— 25

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(A) in subparagraph (A), by striking 1

‘‘shall’’ and inserting ‘‘may’’; and 2

(B) in subparagraph (B)— 3

(i) by striking ‘‘required’’; and 4

(ii) by inserting ‘‘, except that com-5

municating changes in economic conditions 6

and workforce trends to the workforce sys-7

tem in the State as described in subsection 8

(b)(1)(C) shall not be considered modifica-9

tions subject to approval under this para-10

graph’’ before the period at the end. 11

CHAPTER 2—LOCAL PROVISIONS 12

SEC. 115. WORKFORCE DEVELOPMENT AREAS. 13

(a) R

EGIONS

.—Section 106(a) of the Workforce In-14

novation and Opportunity Act (29 U.S.C. 3121(a)) is 15

amended by adding at the end the following: 16

‘‘(3) R

EVIEW

.—Before the second full program 17

year after the date of enactment of the A Stronger 18

Workforce for America Act, in order for a State to 19

receive an allotment under section 127(b) or 132(b) 20

and as part of the process for developing the State 21

plan, a State shall— 22

‘‘(A) review each region in the State iden-23

tified under this subsection (as such subsection 24

was in effect on the day before the date of en-25

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actment of the A Stronger Workforce for Amer-1

ica Act); and 2

‘‘(B) after consultation with the local 3

boards and chief elected officials in the local 4

areas and consistent with the considerations de-5

scribed in subsection (b)(1)(B)— 6

‘‘(i) revise such region and any other 7

region impacted by such revision; or 8

‘‘(ii) make a determination to main-9

tain such region with no revision.’’. 10

(b) L

OCAL

REAS

.—Section 106(b) of the Workforce 11

Innovation and Opportunity Act (29 U.S.C. 3121(b)) is 12

amended— 13

(1) in paragraph (1)— 14

(A) in subparagraph (A), by striking ‘‘and 15

consistent with paragraphs (2) and (3),’’; and 16

(B) in subparagraph (B), by striking ‘‘(ex-17

cept for those local areas described in para-18

graphs (2) and (3))’’; and 19

(2) by striking paragraphs (2) through (7), and 20

inserting the following: 21

‘‘(2) C

ONTINUATION PERIOD

.—Subject to para-22

graph (5), in order to receive an allotment under 23

section 127(b) or 132(b), the Governor shall main-24

tain the designations of local areas in the State 25

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under this subsection (as in effect on the day before 1

the date of enactment of the A Stronger Workforce 2

for America Act) until the end of the third full pro-3

gram year after the date of enactment of the A 4

Stronger Workforce for America Act. 5

‘‘(3) I

NITIAL ALIGNMENT REVIEW

.— 6

‘‘(A) I

N GENERAL

.—Prior to the third full 7

program year after the date of enactment of the 8

A Stronger Workforce for America Act, the 9

Governor shall— 10

‘‘(i) review the designations of local 11

areas in the State (as in effect on the day 12

before the date of enactment of the A 13

Stronger Workforce for America Act); and 14

‘‘(ii) based on the considerations de-15

scribed in paragraph (1)(B), issue pro-16

posed redesignations of local areas in the 17

State through the process described in 18

paragraph (1)(A), which shall— 19

‘‘(I) include an explanation of the 20

strategic goals and objectives that the 21

State intends to achieve through such 22

redesignations; and 23

‘‘(II) be subject to the approval 24

of the local boards in the State in ac-25

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cordance with the process described in 1

subparagraph (C). 2

‘‘(B) D

ESIGNATION OF LOCAL AREAS

.—A 3

redesignation of local areas in a State that is 4

approved by a majority of the local boards in 5

the State through the process described in sub-6

paragraph (C) shall take effect on the first day 7

of the 4th full program year after the date of 8

enactment of the A Stronger Workforce for 9

America Act. 10

‘‘(C) P

ROCESS TO REACH MAJORITY AP

-11

PROVAL

.—To approve a designation of local 12

areas in the State, the local boards in the State 13

shall comply with the following: 14

‘‘(i) I

NITIAL VOTE

.—Not later than 15

60 days after the Governor issues proposed 16

redesignations under subparagraph (A), 17

the chairperson of each local board shall 18

review the proposed redesignations and 19

submit a vote on behalf of such local board 20

to the Governor either approving or reject-21

ing the proposed redesignations. 22

‘‘(ii) R

ESULTS OF INITIAL VOTE

.—If 23

a majority of the local boards in the State 24

vote under clause (i)— 25

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‘‘(I) to approve such proposed re-1

designations, such redesignations shall 2

take effect in accordance with sub-3

paragraph (B); or 4

‘‘(II) to disapprove such proposed 5

redesignations, the chairpersons of the 6

local boards in the State shall comply 7

with the requirements of clause (iii). 8

‘‘(iii) A

LTERNATE REDESIGNA

-9

TIONS

.—In the case of the disapproval de-10

scribed in clause (ii)(II), not later than 60 11

days after initial votes were submitted 12

under clause (i), the chairpersons of the 13

local boards in the State shall— 14

‘‘(I) select 2 alternate redesigna-15

tions of local areas— 16

‘‘(aa) one of which aligns 17

with the regional economic devel-18

opment areas in the State; and 19

‘‘(bb) one of which aligns 20

with the regions described in sub-21

paragraph (A) or (B) of sub-22

section (a)(2); and 23

‘‘(II) conduct a vote to approve, 24

by majority vote, 1 of the 2 alternate 25

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redesignations described in subclause 1

(I). 2

‘‘(iv) E

FFECTIVE DATE OF ALTER

-3

NATE DESIGNATIONS

.—The alternate re-4

designations approved pursuant to clause 5

(iii)(II) shall take effect in accordance with 6

subparagraph (B). 7

‘‘(4) S

UBSEQUENT ALIGNMENT REVIEWS

.—On 8

the date that is the first day of the 12th full pro-9

gram year after the date of enactment of the A 10

Stronger Workforce for America Act, and every 8 11

years thereafter, the Governor shall review the des-12

ignation of local areas based on the considerations 13

described in paragraph (1)(B) and conduct a process 14

in accordance with paragraph (3). 15

‘‘(5) I

NTERIM REVISIONS

.— 16

‘‘(A) A

UTOMATIC APPROVAL OF CERTAIN

REDESIGNATION REQUESTS

.— 18

‘‘(i) I

N GENERAL

.—At any time, and 19

notwithstanding the requirements of para-20

graphs (2), (3), and (4), the Governor, 21

upon receipt of a request for a redesigna-22

tion of a local area described in clause (ii), 23

shall approve such request. 24

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‘‘(ii) R

EQUESTS

.—The following re-1

quests shall be approved pursuant to 2

clause (i) upon request: 3

‘‘(I) A request from multiple 4

local areas to be redesignated as a 5

single local area. 6

‘‘(II) A request from multiple 7

local areas for a revision to the des-8

ignations of such local areas, which 9

would not impact the designations of 10

local areas that have not made such 11

request. 12

‘‘(III) A request for designation 13

as a local area from an area described 14

in section 107(c)(1)(C). 15

‘‘(B) O

THER REDESIGNATIONS

.—Other 16

than the redesignations described in subpara-17

graph (A), the Governor may only redesignate 18

a local area outside of the process described in 19

paragraphs (3) and (4), if the local area that 20

will be subject to such redesignation has not— 21

‘‘(i) performed successfully; 22

‘‘(ii) sustained fiscal integrity; or 23

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‘‘(iii) in the case of a local area in a 1

planning region, met the requirements de-2

scribed in subsection (c)(1). 3

‘‘(C) E

FFECTIVE DATE

.—Any redesigna-4

tion of a local area approved by the Governor 5

under paragraph (A) or (B) shall take effect on 6

the first date of the first full program year 7

after such date of approval. 8

‘‘(6) A

PPEALS

.— 9

‘‘(A) I

N GENERAL

.—A local area that is 10

subject to a redesignation of such local area 11

under paragraph (3), (4), or (5) may submit an 12

appeal to maintain its existing designation to 13

the State board under an appeal process estab-14

lished in the State plan as specified in section 15

102(b)(2)(D)(i)(III). 16

‘‘(B) S

TATE BOARD REQUIREMENTS

.—The 17

State board shall only grant an appeal to main-18

tain an existing designation of a local area de-19

scribed in subparagraph (A) if the local area 20

can demonstrate that the process for redesigna-21

tion of such local area under paragraph (3), 22

(4), or (5), as applicable, has not been followed. 23

‘‘(C) S

ECRETARIAL REQUIREMENTS

.—If a 24

request to maintain an existing designation as 25

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a local area is not granted as a result of such 1

appeal, the Secretary, after receiving a request 2

for review from such local area and determining 3

that the local area was not accorded procedural 4

rights under the appeals process referred to in 5

subparagraph (A), shall— 6

‘‘(i) review the process for the redesig-7

nation of the local area under paragraph 8

(3), (4), or (5), as applicable; and 9

‘‘(ii) upon determining that the appli-10

cable process has not been followed, re-11

quire that the local area’s existing designa-12

tion be maintained. 13

‘‘(7) R

EDESIGNATION INCENTIVE

.—The State 14

may provide funding from funds made available 15

under sections 128(a)(1) and 133(a)(1) to provide 16

payments to incentivize— 17

‘‘(A) groups of local areas to request to be 18

redesignated as a single local area under para-19

graph (5)(A); or 20

‘‘(B) multiple local boards in a planning 21

region to develop an agreement to operate as a 22

regional consortium under subsection (c)(3).’’. 23

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EGIONAL

OORDINATION

.—Section 106(c) of 1

the Workforce Innovation and Opportunity Act (29 U.S.C. 2

3121(c)) is amended— 3

(1) in paragraph (1)— 4

(A) by redesignating subparagraphs (F) 5

through (H) as subparagraphs (G) through (I), 6

respectively; and 7

(B) by inserting the following after sub-8

paragraph (E): 9

‘‘(F) the establishment of cost arrange-10

ments for services described in subsections (c) 11

and (d) of section 134, including the pooling of 12

funds for such services, as appropriate, for the 13

region;’’; 14

(2) in paragraph (2), by inserting ‘‘, including 15

to assist with establishing administrative costs ar-16

rangements or cost arrangements for services under 17

subparagraphs (F) and (G) of such paragraph’’ 18

after ‘‘delivery efforts’’; 19

(3) by redesignating paragraph (3) as para-20

graph (4); and 21

(4) by inserting after paragraph (2), as so 22

amended, the following: 23

‘‘(3) R

EGIONAL CONSORTIUMS

.— 24

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‘‘(A) I

N GENERAL

.—The local boards and 1

chief elected officials in any planning region de-2

scribed in subparagraph (B) or (C) of sub-3

section (a)(2) may develop an agreement to re-4

ceive funding under section 128(b) and section 5

133(b) as a single consortium for the planning 6

region. 7

‘‘(B) F

ISCAL AGENT

.—If the local boards 8

and chief elected officials develop such an 9

agreement— 10

‘‘(i) one of the chief elected officials in 11

the planning region shall be designated as 12

the fiscal agent for the consortium; 13

‘‘(ii) the local boards shall develop a 14

memorandum of understanding to jointly 15

administer the activities for the consor-16

tium; and 17

‘‘(iii) the required activities for local 18

areas under this Act, (including the re-19

quired functions of the local boards de-20

scribed in section 107(d)) shall apply to 21

such a consortium as a whole and may not 22

be applied separately or differently to the 23

local areas or local boards within such con-24

sortium.’’. 25

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(d) S

INGLE

TATE

OCAL

REAS

.—Section 106(d) 1

of the Workforce Innovation and Opportunity Act (29 2

U.S.C. 3121(d)) is amended— 3

(1) by redesignating paragraph (2) as para-4

graph (3); and 5

(2) by inserting after paragraph (1), the fol-6

lowing: 7

‘‘(2) N

EW DESIGNATION

.— 8

‘‘(A) I

N GENERAL

.—Consistent with the 9

process described in subsection (b)(1)(A) and 10

during a review of designations described in 11

paragraph (3) or (4) of subsection (b), the Gov-12

ernor may propose to designate a State as a 13

single State local area for the purposes of this 14

title. 15

‘‘(B) P

ROCESS FOR APPROVAL

.—If the 16

Governor proposes a single State local area, the 17

chairpersons of the existing local boards shall 18

vote to approve or reject such designation 19

through the process described in subsection 20

(b)(3)(C). 21

‘‘(C) D

ESIGNATION AS A SINGLE STATE

LOCAL AREA

.—If the majority of the chair-23

persons of the local boards in the State vote to 24

approve such proposed designation, the State 25

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shall be designated as a single State local area 1

and the Governor shall identify the State as a 2

local area in the State plan.’’. 3

(e) D

EFINITION OF

‘‘P

ERFORMED

UCCESS

-4

FULLY

’’.—Section 106(e)(1) of the Workforce Innovation 5

and Opportunity Act (29 U.S.C. 3121(e)) is amended by 6

striking ‘‘adjusted levels of performance’’ and inserting 7

‘‘adjusted levels of performance described in section 8

116(g)(1)’’. 9

SEC. 116. LOCAL WORKFORCE DEVELOPMENT BOARDS. 10

Section 107(d) of the Workforce Innovation and Op-11

portunity Act (29 U.S.C. 3122(d)) is amended— 12

(1) in paragraph (3), by inserting ‘‘, including, 13

to the extent practicable, local representatives of the 14

core programs and the programs described in section 15

102(a)(2),’’ after ‘‘system stakeholders’’; 16

(2) in paragraph (4)(D)— 17

(A) by striking ‘‘proven’’ and inserting 18

‘‘evidence-based’’; 19

(B) by inserting ‘‘individual’’ after ‘‘needs 20

of’’; and 21

tries and occupations’’ after ‘‘and employers’’; 23

(3) in paragraph (5), by inserting ‘‘and which, 24

to the extent practicable, shall be aligned with career 25

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and technical education programs of study (as de-1

fined in section 3 of the Carl. D Perkins Career and 2

Technical Education Act of 2006 (20 U.S.C. 3

2302(3)) offered within the local area’’ before the 4

period at the end; 5

(5) in paragraph (6)— 6

(A) in the heading, by striking ‘‘P

ROVEN

’’ 7

and inserting ‘‘E

VIDENCE

BASED

’’; 8

(B) in subparagraph (A)— 9

(i) by striking ‘‘proven’’ and inserting 10

‘‘evidence-based’’; 11

(ii) by inserting ‘‘and covered veterans 12

(as defined in section 4212(a)(3)(A) of 13

title 38, United States Code)’’ after ‘‘em-14

ployment’’; and 15

(iii) by inserting ‘‘, and prioritize cov-16

ered veterans as described in section 17

4212(a)(2) of title 38, United States 18

Code’’ after ‘‘delivery system’’; and 19

‘‘proven’’ and inserting ‘‘evidence-based’’; 21

(7) in paragraph (10)(C)— 22

(A) by inserting ‘‘, on the State eligible 23

training provider list,’’ after ‘‘identify’’; and 24

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(B) by inserting ‘‘that operate in or are ac-1

cessible to individuals’’ after ‘‘training serv-2

ices’’; and 3

(8) in paragraph (12)(A), by striking ‘‘activi-4

ties’’ and inserting ‘‘funds allocated to the local area 5

under section 128(b) and section 133(b) for the 6

youth workforce development activities described in 7

section 129 and local employment and training ac-8

tivities described in section 134(b), and the activi-9

ties’’. 10

SEC. 117. LOCAL PLAN. 11

Section 108 of the Workforce Innovation and Oppor-12

tunity Act (29 U.S.C. 3123) is amended— 13

(1) in subsection (a), by striking ‘‘shall pre-14

pare’’ and inserting ‘‘may prepare’’; and 15

(2) in subsection (b)— 16

(A) in paragraph (1)— 17

(i) by redesignating subparagraphs 18

(D), (E), and (F) as subparagraphs (E), 19

(F), and (H), respectively; 20

(ii) by inserting the following after 21

subparagraph (C): 22

‘‘(D) a description of— 23

‘‘(i) how the local area will use real- 24

time labor market information to contin-25

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ually assess the economic conditions and 1

workforce trends described in subpara-2

graphs (A), (B), and (C); and 3

‘‘(ii) how changes in such conditions 4

or trends will be communicated to job-5

seekers, education and training providers, 6

and employers in the local area;’’; 7

(iii) in subparagraph (F), as so redes-8

ignated, by striking ‘‘and’’ at the end; and 9

(iv) by inserting after subparagraph 10

(F), as so redesignated, the following: 11

‘‘(G) an analysis of the opportunity youth 12

population in the local area, including the esti-13

mated number of such youth and any gaps in 14

services for such population from other existing 15

workforce development activities, as identified 16

under paragraph (9); and’’; 17

(B) in paragraph (4)— 18

(i) in subparagraph (A)— 19

(I) by striking ‘‘and’’ at the end 20

of clause (iii); and 21

(II) by adding at the end the fol-22

lowing: 23

‘‘(v) carry out any statewide skills- 24

based initiatives identified in the State 25

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plan that promote the use of demonstrated 1

skills and competencies as an alternative to 2

the exclusive use of degree attainment as a 3

requirement for employment or advance-4

ment in a career; and’’; and 5

(ii) in subparagraph (B), by striking 6

‘‘customized training’’ and inserting ‘‘em-7

ployer-directed skills development’’; 8

such as the use of affiliated sites’’ after 10

‘‘means’’; 11

(D) in paragraph (9)— 12

(i) by striking ‘‘including activities’’ 13

and inserting the following: ‘‘including— 14

‘‘(i) the availability of community based organi-15

zations that serve youth primarily during non-school 16

time hours to carry out activities under section 129; 17

and 18

‘‘(ii) activities’’; and 19

(ii) by inserting ‘‘or evidence-based’’ 20

after ‘‘successful’’; and 21

(E) in paragraph (12), by inserting ‘‘in-22

cluding as described in section 134(c)(2),’’ after 23

‘‘system,’’. 24

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CHAPTER 3—PERFORMANCE 1

ACCOUNTABILITY 2

SEC. 119. PERFORMANCE ACCOUNTABILITY SYSTEM. 3

(a) S

TATE

ERFORMANCE

CCOUNTABILITY

EAS

-4

URES

.— 5

(1) P

RIMARY INDICATORS OF PERFORMANCE

.— 6

Section 116(b)(2)(A) of the Workforce Innovation 7

and Opportunity Act (29 U.S.C. 3141(b)(2)(A)) is 8

amended— 9

(A) in clause (i)— 10

(i) in subclause (II)— 11

(I) by striking ‘‘fourth’’ and in-12

serting ‘‘second’’; and 13

(II) by inserting ‘‘and remain in 14

unsubsidized employment during the 15

fourth quarter after exit from the pro-16

gram’’ after ‘‘the program’’; 17

(ii) in subclause (V)— 18

(I) by striking ‘‘, during a pro-19

gram year,’’; 20

(II) by striking ‘‘are in’’ and in-21

serting ‘‘enter into’’; and 22

(III) by inserting before the 23

semicolon at the end the following: 24

‘‘within 6 months after the quarter in 25

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which the participant enters into the 1

education and training program’’; and 2

(iii) by amending subclause (VI) to 3

read as follows: 4

‘‘(VI) of the program partici-5

pants who received training services 6

and who exited the program during a 7

program year, the percentage of such 8

program participants who completed, 9

prior to such exit, on-the-job training, 10

employer-directed skills development, 11

incumbent worker training, or an ap-12

prenticeship.’’; 13

(B) in clause (ii)— 14

(i) in subclause (II), by striking 15

‘‘and’’ at the end; 16

(ii) in subclause (III), by striking the 17

period at the end and inserting ‘‘; and’’; 18

and 19

(iii) by adding at the end the fol-20

lowing: 21

‘‘(IV) the percentage of program 22

participants who, during a program 23

year, participate in paid or unpaid 24

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work experiences as described in sec-1

tion 129(c)(2)(C).’’; and 2

(2) L

EVELS OF PERFORMANCE

.—Section 4

116(b)(3)(A) of the Workforce Innovation and Op-5

portunity Act (29 U.S.C. 3141(b)(3)(A)) is amend-6

ed— 7

(A) by amending clause (iii) to read as fol-8

lows: 9

‘‘(iii) I

DENTIFICATION IN STATE

PLAN

.— 11

‘‘(I) S

ECRETARIES

.—For each 12

State submitting a State plan, the 13

Secretaries of Labor and Education 14

shall— 15

‘‘(aa) not later than Decem-16

ber 1 of the year prior to the 17

year in which such State plan is 18

submitted, for the first 2 pro-19

gram years covered by the State 20

plan, and not later than Decem-21

ber 1 of the year prior to the 22

third program year covered by 23

the State plan, for the third and 24

fourth program years covered by 25

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the State plan, propose expected 1

levels of performance for each of 2

the corresponding primary indi-3

cators of performance for each of 4

the programs described in clause 5

(ii) for such State, which shall— 6

‘‘(AA) be consistent 7

with the factors listed in 8

clause (v); and 9

‘‘(BB) be proposed in a 10

manner that ensures suffi-11

cient time is provided for 12

the State to evaluate and re-13

spond to such proposals; and 14

‘‘(bb) publish, on a public 15

website of the Department of 16

Labor, the statistical model de-17

veloped under clause (viii) and 18

the methodology used to develop 19

each such proposed level of per-20

formance. 21

‘‘(II) S

TATES

.—Each State 22

shall— 23

‘‘(aa) evaluate each of the 24

expected levels of performance 25

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proposed under subclause (I) 1

with respect to such State; 2

‘‘(bb) based on such evalua-3

tion of each such proposed level 4

of performance— 5

‘‘(AA) accept the ex-6

pected level of performance 7

as so proposed; or 8

‘‘(BB) provide a coun-9

terproposal for such pro-10

posed expected level of per-11

formance, including an anal-12

ysis of how the counter-13

proposal addresses factors or 14

circumstances unique to the 15

State that may not have 16

been accounted for in the 17

proposed expected level of 18

performance; and 19

‘‘(cc) include in the State 20

plan, with respect to each of the 21

corresponding primary indicators 22

of performance for each of the 23

programs described in clause (ii) 24

for such State— 25

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‘‘(AA) the expected 1

level of performance pro-2

posed under subclause (I); 3

‘‘(BB) the counter-4

proposal for such proposed 5

level, if any; and 6

‘‘(CC) the expected 7

level of performance that is 8

agreed to under clause 9

(iv).’’; and 10

(B) in clause (v)(II)— 11

(i) in the matter preceding item (aa), 12

by striking ‘‘based on’’ and inserting 13

‘‘based on each of the following consider-14

ations that are found to be predictive of 15

performance on an indicator for a pro-16

gram’’; and 17

(ii) in item (bb), by inserting ‘‘, foster 18

care status, school status, education level, 19

highest grade level completed, low-income 20

status’’ after ‘‘ex-offender status’’. 21

(b) P

ERFORMANCE

EPORTS

.—Section 116(d) of the 22

Workforce Innovation and Opportunity Act (29 U.S.C. 23

3141(d)) is amended— 24

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(1) by amending paragraph (1) to read as fol-1

lows: 2

‘‘(1) I

N GENERAL

.— 3

‘‘(A) T

EMPLATE FOR PERFORMANCE RE

-4

PORTS

.—Not later than 12 months after the 5

date of enactment of the A Stronger Workforce 6

for America Act, the Secretary of Labor, in 7

conjunction with the Secretary of Education, 8

shall develop, or review and modify, as appro-9

priate, to comply with the requirements of this 10

subsection, the template for performance re-11

ports that shall be used by States (including by 12

States on behalf of eligible providers of training 13

services under section 122) and local boards to 14

produce a report on outcomes achieved by the 15

core programs. In developing, or reviewing and 16

modifying, such templates, the Secretary of 17

Labor, in conjunction with the Secretary of 18

Education, shall take into account the need to 19

maximize the value of the templates for work-20

ers, jobseekers, employers, local elected officials, 21

State officials, Federal policymakers, and other 22

key stakeholders. 23

‘‘(B) S

TANDARDIZED REPORTING

.—In de-24

veloping, or reviewing and modifying, the tem-25

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plate under subparagraph (A), the Secretary of 1

Labor, in conjunction with the Secretary of 2

Education, shall ensure that performance re-3

ports produced by States and local areas for 4

core programs and eligible training providers 5

collect and report, in a comparable and uniform 6

format, common data elements, which use 7

terms that are assigned identical meanings 8

across all such reports. 9

‘‘(C) A

DDITIONAL REPORTING

.—The Sec-10

retary of Labor, in conjunction with the Sec-11

retary of Education— 12

‘‘(i) in addition to the common data 13

elements described under subparagraph 14

(B), may require a core program to pro-15

vide additional information as necessary 16

for effective reporting; and 17

‘‘(ii) shall periodically review any re-18

quirement for additional information to en-19

sure the requirement is necessary and does 20

not impose an undue reporting burden.’’; 21

(2) in paragraph (2)— 22

(A) by redesignating subparagraphs (J) 23

through (L) as subparagraphs (K) through (M), 24

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respectively and inserting after subparagraph 1

(I) the following: 2

‘‘(J) the median earnings gain of partici-3

pants who received training services, calculated 4

as the difference between— 5

‘‘(i) median participant earnings in 6

unsubsidized employment during the sec-7

ond quarter after program exit, and 8

‘‘(ii) median participant earnings in 9

the second quarter prior to entering the 10

program;’’; and 11

(B) in subparagraph (L), as so redesig-12

nated, by striking clause (ii); and 13

and all that follows through ‘‘the performance’’, 15

and inserting ‘‘strategies for programs, the per-16

formance’’; 17

(3) in paragraph (3)— 18

(A) in subparagraph (B), by striking 19

‘‘and’’ at the end; 20

(B) by redesignating subparagraph (C) as 21

subparagraph (E); and 22

the following: 24

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‘‘(C) the percentage of a local area’s allo-1

cation under section 133(b) that the local area 2

spent on services paid for through an individual 3

training account described in section 4

134(c)(3)(F)(iii) or a training contract de-5

scribed in section 134(c)(3)(G)(ii); 6

‘‘(D) the percentage of a local area’s allo-7

cation under section 133(b) that the local area 8

spent on supportive services; and’’; 9

(4) by amending paragraph (4) to read as fol-10

lows: 11

‘‘(4) C

ONTENTS OF ELIGIBLE TRAINING PRO

-12

VIDERS PERFORMANCE REPORT

.— 13

‘‘(A) I

N GENERAL

.—The State shall use 14

the information submitted by the eligible pro-15

viders of training services under section 122 16

and administrative records, including quarterly 17

wage records, of the participants of the pro-18

grams offered by the providers to produce a 19

performance report on the eligible providers of 20

training services in the State, which shall in-21

clude, subject to paragraph (6)(C)— 22

‘‘(i) with respect to each program of 23

study (or the equivalent) of such a pro-24

vider— 25

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‘‘(I) information specifying the 1

levels of performance achieved with 2

respect to the primary indicators of 3

performance described in subclauses 4

(I) through (IV) of subsection 5

(b)(2)(A)(i) with respect to all individ-6

uals engaging in the program of study 7

(or the equivalent); and 8

‘‘(II) the total number of individ-9

uals exiting from the program of 10

study (or the equivalent); and 11

‘‘(ii) with respect to all such pro-12

viders— 13

‘‘(I) the total number of partici-14

pants who received training services 15

through each adult and dislocated 16

worker program authorized under 17

chapter 3 of subtitle B, disaggregated 18

by the type of entity that provided the 19

training, during the most recent pro-20

gram year and the 3 preceding pro-21

gram years; 22

‘‘(II) the total number of partici-23

pants who exited from training serv-24

ices, disaggregated by the type of en-25

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tity that provided the training, during 1

the most recent program year and the 2

3 preceding program years; 3

‘‘(III) the average cost per par-4

ticipant for the participants who re-5

ceived training services, disaggregated 6

by the type of entity that provided the 7

training, during the most recent pro-8

gram year and the 3 preceding pro-9

gram years; and 10

‘‘(IV) the number of individuals 11

with barriers to employment served by 12

each adult and dislocated worker pro-13

gram authorized under chapter 3 of 14

subtitle B, disaggregated by each sub-15

population of such individuals, and by 16

race, ethnicity, sex, and age; and 17

‘‘(iii) with respect to each recognized 18

postsecondary credential on the list of cre-19

dentials awarded by eligible providers in 20

the State described in section 116(d)(2)— 21

‘‘(I) information specifying the 22

levels of performance achieved with 23

respect to the primary indicators of 24

performance described in subclauses 25

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(I) through (IV) of subsection 1

(b)(2)(A)(i) for all participants in the 2

State receiving such credential; and 3

‘‘(II) information specifying the 4

levels of performance achieved with 5

respect to the primary indicators of 6

performance described in subclauses 7

(I) through (IV) of subsection 8

(b)(2)(A)(i) for participants in the 9

State receiving such credential with 10

respect to individuals with barriers to 11

employment, disaggregated by each 12

subpopulation of such individuals, and 13

by race, ethnicity, sex, and age.’’; and 14

(5) in paragraph (6)— 15

(A) by amending subparagraph (A) to read 16

as follows: 17

‘‘(A) S

TATE PERFORMANCE REPORTS

.— 18

The Secretary of Labor and the Secretary of 19

Education shall annually make available the 20

performance reports for States containing the 21

information described in paragraph (2), which 22

shall include making such reports available— 23

‘‘(i) digitally using transparent, 24

linked, open, and interoperable data for-25

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mats that are human readable and ma-1

chine actionable such that the data from 2

these reports— 3

‘‘(I) is easily understandable; and 4

‘‘(II) can be easily included in 5

web-based tools and services sup-6

porting search, discovery, comparison, 7

analysis, navigation, and guidance; 8

and 9

‘‘(ii) in a printable format.’’; and 10

(B) in subparagraph (B)— 11

(i) by striking ‘‘(including by elec-12

tronic means), in an easily understandable 13

format,’’; and 14

(ii) by adding at the end the fol-15

lowing: ‘‘The Secretary of Labor and the 16

Secretary of Education shall include, on 17

the website where the State performance 18

reports required under subparagraph (A) 19

are made available, a link to local area per-20

formance reports and the eligible training 21

provider report for each State. Such re-22

ports shall be made available in each of the 23

formats described in subparagraph (A).’’. 24

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VALUATION OF

TATE

ROGRAMS

.—Section 1

116(e) of the Workforce Innovation and Opportunity 2

Act(29 U.S.C. 3141(e)) is amended— 3

(1) in paragraph (1)— 4

(A) by striking ‘‘shall conduct ongoing’’ 5

and inserting ‘‘shall use data to conduct anal-6

yses and ongoing’’; and 7

(B) by striking ‘‘conduct the’’ and insert-8

ing ‘‘conduct such analyses and’’; and 9

(2) in paragraph (2), by adding ‘‘A State may 10

use other forms of analysis, such as machine learn-11

ing or other advanced analytics, to improve program 12

operations and outcomes and to identify areas for 13

further evaluation.’’ at the end. 14

(d) S

ANCTIONS FOR

TATE

AILURE

EET

TATE

ERFORMANCE

CCOUNTABILITY

EASURES

.— 16

Section 116(f) of the Workforce Innovation and Oppor-17

tunity Act (29 U.S.C. 3141(f)) is amended to read as fol-18

lows: 19

‘‘(f) S

ANCTIONS FOR

TATE

AILURE

EET

TATE

ERFORMANCE

CCOUNTABILITY

EASURES

.— 21

‘‘(1) T

ARGETED SUPPORT AND ASSISTANCE

.— 22

‘‘(A) I

N GENERAL

.—If a State fails to 23

meet 80 percent of the State adjusted level of 24

performance for an indicator described in sub-25

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section (b)(2)(A) for a program for any pro-1

gram year, the Secretary of Labor and the Sec-2

retary of Education shall provide technical as-3

sistance. 4

‘‘(B) S

ANCTIONS

.— 5

‘‘(i) I

N GENERAL

.—If the State fails 6

in the manner described in subclause (I) or 7

(II) of clause (ii) with respect to a pro-8

gram year, the percentage of each amount 9

that would (in the absence of this para-10

graph) be reserved by the Governor under 11

section 128(a)(1) for the immediately suc-12

ceeding program year shall be reduced by 13

5 percentage points until such date as the 14

Secretary of Labor or the Secretary of 15

Education, as appropriate, determines that 16

the State meets the State adjusted level of 17

performance, in the case of a failure de-18

scribed in clause (ii)(I), or has submitted 19

the reports for the appropriate program 20

years, in the case of a failure described in 21

clause (ii)(II). 22

‘‘(ii) F

AILURES

.—A State shall be 23

subject to clause (i)— 24

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‘‘(I) if (except in the case of ex-1

ceptional circumstances as determined 2

by the Secretary of Labor or the Sec-3

retary of Education, as appropriate), 4

such State fails to submit a report 5

under subsection (d) for any program 6

year; or 7

‘‘(II) for a failure under subpara-8

graph (A) that continues for a second 9

consecutive year. 10

‘‘(2) C

OMPREHENSIVE SUPPORT AND ASSIST

-11

ANCE

.— 12

‘‘(A) I

N GENERAL

.—If a State fails to 13

meet an average of 90 percent of the State ad-14

justed levels of performance for a program 15

across all performance indicators for any pro-16

gram year, or if a State fails to meet an aver-17

age of 90 percent of the State adjusted levels 18

of performance for a single performance indi-19

cator across all programs for any program year, 20

the Secretary of Labor and the Secretary of 21

Education shall provide technical assistance, as 22

described and authorized under section 168(b), 23

including assistance in the development of a 24

comprehensive performance improvement plan. 25

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‘‘(B) S

ECOND CONSECUTIVE YEAR FAIL

-1

URE

.—If such failure under subparagraph (A) 2

continues for a second consecutive year, the 3

percentage of each amount that would (in the 4

absence of this subsection) be reserved by the 5

Governor under section 128(a)(1) for the imme-6

diately succeeding program year shall be re-7

duced by 10 percentage points until such date 8

as the Secretary of Labor or the Secretary of 9

Education, as appropriate, determines that the 10

State meets such State adjusted levels of per-11

formance. 12

‘‘(3) R

EALLOTMENT OF REDUCTIONS

.—Any 13

amounts not reserved under section 128(a)(1) for a 14

State for a program year pursuant to paragraph 15

(1)(B) or (2)(B) of this subsection shall be realloted 16

to other States in a manner consistent with para-17

graph (1)(B) or (2)(B) of section 132(b).’’. 18

(e) S

ANCTIONS FOR

OCAL

REA

AILURE

EET

OCAL

ERFORMANCE

CCOUNTABILITY

EASURES

.— 20

Section 116(g) of the Workforce Innovation and Oppor-21

tunity Act (29 U.S.C. 3141(g)) is amended— 22

(1) in paragraph (1)— 23

(A) by inserting ‘‘80 percent of the’’ before 24

‘‘local performance’’; and 25

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(B) by striking ‘‘accountability measures’’ 1

and inserting ‘‘accountability levels of perform-2

ance on an indicator of performance, an aver-3

age of 90 percent of the local levels of perform-4

ance across indicators for a single program, or 5

an average of 90 percent for a single perform-6

ance indicator across all programs’’; and 7

(2) in paragraph (2)— 8

(A) by amending subparagraph (A) to read 9

as follows: 10

‘‘(A) I

N GENERAL

.—If such failure con-11

tinues, the Governor shall take corrective ac-12

tions, which shall include— 13

‘‘(i) in the case of a failure, for a sec-14

ond consecutive year, on any individual in-15

dicator, across indicators for a single pro-16

gram, or on a single indicator across pro-17

grams, a 5-percent reduction in the 18

amount that would have otherwise been 19

provided (in the absence of this clause) to 20

the local area for the immediately suc-21

ceeding program year under chapter 2 or 22

3 of subtitle B for the program subject to 23

the performance failure; 24

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‘‘(ii) in the case of a failure, as de-1

scribed in paragraph (1), for a third con-2

secutive year, the development of a reorga-3

nization plan through which the Governor 4

shall— 5

‘‘(I) require the appointment and 6

certification of a new local board, con-7

sistent with the criteria established 8

under section 107(b); 9

‘‘(II) prohibit the use of one-stop 10

partners identified as achieving a poor 11

level of performance; and 12

‘‘(III) revise or redesignate a 13

local area, which may include merging 14

a local area with another local area if 15

the Governor determines that the like-16

ly cause of such continued perform-17

ance failure of a local area is due to 18

such local area’s designation being 19

granted without the appropriate con-20

sideration of parameters described 21

under section 106(b)(1)(B); or 22

‘‘(iii) other significant actions deter-23

mined appropriate by the Governor.’’; 24

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(B) in subparagraph (B)(i), by inserting 1

‘‘(ii)’’ after ‘‘subparagraph (A)’’; and 2

‘‘(D) R

EALLOCATION OF REDUCTIONS

.— 4

Any amounts not allocated under chapter 2 or 5

3 of subtitle B to a local area for a program 6

year pursuant to subparagraph (A)(i) shall be 7

reallocated to other local areas in a manner 8

consistent with subparagraph (A) or (B) of sec-9

tion 133(b)(2) or subparagraph (A) of section 10

128(b)(2), as applicable.’’. 11

(f) E

STABLISHING

FOR

-P

ERFORMANCE

-12

TRACT

TRATEGY

NCENTIVES

.—Section 116(h) of the 13

Workforce Innovation and Opportunity Act (29 U.S.C. 14

3141(h)) is amended by striking ‘‘non-Federal funds’’ and 15

inserting ‘‘the funds reserved under section 128(a)(1)’’. 16

(g) F

ISCAL AND

ANAGEMENT

CCOUNTABILITY

-17

FORMATION

YSTEMS

.—Section 116(i) of the Workforce 18

Innovation and Opportunity Act (29 U.S.C. 3141(i)) is 19

amended— 20

(1) in paragraph (2), by inserting ‘‘, and may 21

use information provided from the National Direc-22

tory of New Hires in accordance with section 23

453(j)(8) of the Social Security Act (42 U.S.C. 24

653(j)(8))’’ after ‘‘State law’’; 25

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(2) by redesignating paragraph (3) as para-1

graph (4); and 2

(3) by inserting after paragraph (2) the fol-3

lowing: 4

‘‘(3) D

ESIGNATED ENTITY

.—The Governor 5

shall designate a State agency (or appropriate State 6

entity) to assist in carrying out the performance re-7

porting requirements for core programs and eligible 8

training providers. The designated State agency (or 9

appropriate State entity) shall be responsible for— 10

‘‘(A) facilitating data matches using quar-11

terly wage record information, including wage 12

record information made available by other 13

States, to measure employment and earnings 14

outcomes; 15

‘‘(B) data validation and reliability, as de-16

scribed in subsection (d)(5); and 17

‘‘(C) protection against disaggregation that 18

would violate applicable privacy standards, as 19

described in subsection (d)(6)(C).’’. 20

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Subtitle C—Workforce Investment 1

Activities and Providers 2

CHAPTER 1—WORKFORCE INVESTMENT 3

ACTIVITIES AND PROVIDERS 4

SEC. 121. ESTABLISHMENT OF ONE-STOP DELIVERY SYS-5

TEMS. 6

(a) O

-S

TOP

ARTNERS

.—Section 121(b) of the 7

Workforce Innovation and Opportunity Act (29 U.S.C. 8

3151(b)) is amended— 9

(1) in paragraph (1)(B)— 10

(A) in clause (xi), by inserting ‘‘and’’ at 11

the end; and 12

(B) by striking clause (xii); 13

(2) in paragraph (2)(A), by striking ‘‘With’’ 14

and inserting ‘‘At the direction of the Governor or 15

with’’; and 16

(3) in paragraph (2)(B)— 17

(A) in clause (vi), by striking ‘‘and’’ at the 18

end; 19

(B) by redesignating clause (vii) as clause 20

(viii); and 21

lowing: 23

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‘‘(vii) workforce and economic devel-1

opment programs carried out by the Eco-2

nomic Development Administration; and’’. 3

(b) O

-S

TOP

PERATORS

.—Section 121(d) of the 4

Workforce Innovation and Opportunity Act (29 U.S.C. 5

3151(d)) is amended— 6

(1) in paragraph (2)(B)— 7

(A) in clause (i), by inserting after ‘‘edu-8

cation’’ the following: ‘‘or an area career and 9

technical education school’’; 10

(B) in clause (v), by striking ‘‘and’’; 11

(viii); 13

(D) by inserting after clause (v) the fol-14

lowing: 15

‘‘(vi) a public library; 16

‘‘(vii) a local board that meets the re-17

quirements of paragraph (4); and’’; and 18

(E) in clause (viii), as so redesignated, by 19

inserting after ‘‘labor organization’’ the fol-20

lowing: ‘‘joint labor-management organization’’; 21

(2) by redesignating paragraphs (3) and (4) as 22

paragraphs (5) and (6), respectively; and 23

(3) by inserting after paragraph (2) the fol-24

lowing: 25

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‘‘(3) R

ESPONSIBILITIES

.— 1

‘‘(A) I

N GENERAL

.—In operating a one- 2

stop system referred to in subsection (e), a one- 3

stop operator— 4

‘‘(i) shall— 5

‘‘(I) manage the physical and vir-6

tual infrastructure and operations of 7

the one-stop system in the local area; 8

and 9

‘‘(II) facilitate coordination 10

among the partners in such one-stop 11

system; and 12

‘‘(ii) may, subject to the requirements 13

under subparagraph (B), directly provide 14

services to job seekers and employers. 15

‘‘(B) I

NTERNAL CONTROLS

.—In a case in 16

which a one-stop operator seeks to operate as a 17

service provider pursuant to subparagraph 18

(A)(ii), the local board shall establish internal 19

controls (which shall include written policies 20

and procedures)— 21

‘‘(i) with respect to the competition in 22

which the one-stop operator will compete to 23

be selected as such service provider, and 24

the subsequent oversight, monitoring, and 25

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evaluation of the performance of such one- 1

stop operator as such service provider; and 2

‘‘(ii) which— 3

‘‘(I) require compliance with— 4

‘‘(aa) relevant Office of 5

Management and Budget circu-6

lars relating to conflicts of inter-7

est; and 8

‘‘(bb) any applicable State 9

conflict of interest policy; and 10

‘‘(II) prohibit a one-stop operator 11

from developing, managing, or con-12

ducting the competition in which the 13

operator intends to compete to be se-14

lected as a service provider. 15

‘‘(4) L

OCAL BOARDS AS ONE

STOP OPERA

-16

TORS

.—Subject to approval from the chief elected 17

official and Governor and in accordance with any 18

other eligibility criteria established by the State, a 19

local board may serve as a one-stop operator, if the 20

local board— 21

‘‘(A) enters into a written agreement with 22

the chief elected official that clarifies how the 23

local board will carry out the functions and re-24

sponsibilities as a one-stop operator in a man-25

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ner that complies with the appropriate internal 1

controls to prevent any conflicts of interest, 2

which shall include how the local board, while 3

serving as a one-stop operator, will— 4

‘‘(i) comply with the relevant Office of 5

Management and Budget circulars relating 6

to conflicts of interest; and 7

‘‘(ii) any applicable State conflict of 8

interest policy; and 9

‘‘(B) complies with the other applicable re-10

quirements of this subsection.’’. 11

-S

TOP

ELIVERY

.—Section 121(e)(2) of the 12

Workforce Innovation and Opportunity Act (29 U.S.C. 13

3151(e)(2)) is amended— 14

(1) in subparagraph (A), to read as follows: 15

‘‘(A) shall make each of the programs, 16

services, and activities described in paragraph 17

(1) accessible— 18

‘‘(i) to individuals through electronic 19

means, in a single, virtually accessible loca-20

tion, and in a manner that improves effi-21

ciency, coordination, and quality, as deter-22

mined by the State, in the delivery of such 23

programs, services, and activities; or 24

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‘‘(ii) at not less than 1 physical center 1

in each local area of the State; and’’; 2

(2) in subparagraph (B)(i), by inserting after 3

‘‘affiliated sites’’ the following: ‘‘(such as any of the 4

entities described in subsection (d)(2)(B))’’; 5

(3) in subparagraph (C), by inserting after 6

‘‘centers’’ the following: ‘‘(which may be virtual or 7

physical centers)’’; 8

(4) in subparagraph (D), by striking ‘‘as appli-9

cable and practicable, shall’’ and inserting ‘‘in the 10

case of a one-stop delivery system that is making 11

each of the programs, services, and activities de-12

scribed in paragraph (1) accessible at not less than 13

1 physical center, as described in subparagraph 14

(A)(ii), the one-stop delivery system shall, as appli-15

cable and practicable,’’; and 16

(5) by inserting after subparagraph (D) the fol-17

lowing: 18

‘‘(E) in the case of a one-stop delivery sys-19

tem that is making each of the programs, serv-20

ices, and activities accessible through electronic 21

means, as described in subparagraph (A)(i), the 22

one-stop delivery system shall have not less 23

than two affiliated sites with a physical location 24

where individuals can access, virtually, each of 25

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•HR 6655 IH

the programs, services, and activities described 1

in paragraph (1) that are virtually accessible.’’. 2

(d) C

ERTIFICATION AND

MPROVEMENT

RITERIA

.— 3

Section 121(g)(2)(A) of the Workforce Innovation and 4

Opportunity Act is amended by striking ‘‘under sub-5

sections (h)(1)’’ and inserting ‘‘under subsections 6

(h)(1)(C)’’. 7

(e) F

UNDING OF

-S

TOP

NFRASTRUCTURE

.— 8

Section 121(h) of the Workforce Innovation and Oppor-9

tunity Act is amended— 10

(1) by striking paragraph (1); 11

(2) by redesignating paragraphs (2) and (3) as 12

paragraphs (1) and (2), respectively; 13

(3) in paragraph (1), as so redesignated— 14

(A) by amending subparagraph (B) to read 15

as follows: 16

‘‘(B) P

ARTNER CONTRIBUTIONS

.—Subject 17

to subparagraph (D), the covered portions of 18

funding for a fiscal year shall be provided to 19

the Governor from the programs described in 20

subsection (b)(1) to pay the costs of infrastruc-21

ture of one-stop centers in local areas of the 22

State.’’; 23

(B) in subparagraph (C)— 24

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(i) by striking ‘‘for funding pursuant 1

to clause (i)(II) or (ii) of paragraph (1)(A) 2

by each partner,’’; and 3

(ii) by striking the fourth sentence; 4

and 5

(i) in clause (ii), by striking ‘‘For 7

local areas in a State that are not covered 8

by paragraph (1)(A)(i)(I), the’’ and insert-9

ing ‘‘The’’; 10

(ii) in clause (ii)— 11

(I) in subclause (I)— 12

(aa) by striking ‘‘WIA’’ in 13

the header and inserting 14

‘‘WIOA’’; and 15

(bb) by striking ‘‘3 percent’’ 16

and inserting ‘‘5 percent’’; and 17

(II) by striking subclause (III); 18

and 19

(iii) in clause (iii), by striking ‘‘For 20

local areas in a State that are not covered 21

by paragraph (1)(A)(i)(I), an’’ and insert-22

ing ‘‘An’’; 23

(4) in paragraph (2), as so redesignated— 24

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(A) in subparagraph (A), by striking ‘‘pur-1

poses of assisting in’’ and inserting ‘‘purpose 2

of’’; and 3

(B) in subparagraph (B)— 4

(i) in the first sentence, by striking 5

‘‘not funding costs of infrastructure under 6

the option described in paragraph 7

(1)(A)(i)(I)’’; and 8

(ii) in the second sentence, by insert-9

ing after ‘‘local area,’’ the following: ‘‘the 10

intensity of services provided by such cen-11

ters,’’; 12

(5) by inserting after paragraph (2), as so re-13

designated, the following: 14

‘‘(3) S

UPPLEMENTAL INFRASTRUCTURE FUND

-15

ING

.—For any fiscal year in which the allocation re-16

ceived by a local area under paragraph (2) is insuffi-17

cient to cover the total costs of infrastructure of 18

one-stop centers in such local area, the local board, 19

the chief elected official, and the one-stop partners 20

that have entered into the local memorandum of un-21

derstanding with the local board under subsection 22

using a method described in such memorandum.’’; 24

and 25

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(6) in paragraph (4), by inserting after ‘‘oper-1

ation of the one-stop center’’ the following: ‘‘(wheth-2

er for in-person or virtual service delivery)’’. 3

SEC. 122. IDENTIFICATION OF ELIGIBLE PROVIDERS AND 4

PROGRAMS OF TRAINING SERVICES. 5

(a) E

LIGIBILITY

.—Section 122(a) (29 U.S.C. 6

3152(a)) is amended— 7

(1) by amending paragraph (1) to read as fol-8

lows: 9

‘‘(1) I

N GENERAL

.—Except as provided in sub-10

section (i), the Governor, after consultation with the 11

State board and considering the State’s adjusted lev-12

els of performance described in section 13

116(b)(3)(A)(iv), shall establish— 14

‘‘(A) procedures regarding the eligibility of 15

providers of training services to receive funds 16

provided under section 133(b) for the provision 17

of training services by programs with standard 18

eligibility or conditional eligibility under this 19

section (in this section referred to as ‘eligible 20

programs’) in local areas in the State; and 21

‘‘(B) the minimum levels of performance 22

on the criteria for a program to receive such 23

standard or conditional eligibility.’’; 24

(2) in paragraph (2)— 25

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(A) in subparagraph (A), by inserting be-1

fore the semicolon at the end the following: 2

‘‘(other than an institution of higher education 3

described in subparagraph (C)’’; 4

(B) in subparagraph (B), by striking ‘‘or’’ 5

at the end; 6

subparagraph (D); 8

(D) by inserting after subparagraph (B) 9

the following: 10

‘‘(C) an institution of higher education 11

that offers a program that— 12

‘‘(i) is of at least 150 clock hours of 13

instruction, but less than 600 clock hours 14

of instruction, or an equivalent number of 15

credit hours; 16

‘‘(ii) is offered during a minimum of 17

8 weeks, but less than 15 weeks; and 18

‘‘(iii) is an eligible program for pur-19

poses of the Federal Pell Grant program; 20

or’’; and 21

(E) in subparagraph (D), as so redesig-22

nated— 23

(i) by inserting ‘‘(including providers 24

of such a program that is conducted (in 25

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whole or in part) online)’’ before ‘‘, which 1

may’’; and 2

(ii) by inserting ‘‘providers of entre-3

preneurial skills development programs, in-4

dustry or sector partnerships, groups of 5

employers, trade or professional associa-6

tions,’’ after ‘‘organizations,’’; and 7

(3) in paragraph (3)— 8

(A) in the first sentence, by striking ‘‘(C)’’ 9

and inserting ‘‘(D)’’; 10

(B) in the second sentence, by striking 11

‘‘paragraph (2)(B)’’ and inserting ‘‘subpara-12

graph (B) or (C) of paragraph (2)’’; and 13

end the following: ‘‘or remains eligible for the 15

Federal Pell Grant program as described in 16

paragraph (2)(C)’’. 17

(b) C

RITERIA AND

NFORMATION

EQUIREMENTS

.— 18

Section 122(b) (29 U.S.C. 3152(b)) is amended to read 19

as follows: 20

‘‘(b) C

RITERIA AND

NFORMATION

EQUIRE

-21

MENTS

.— 22

‘‘(1) G

ENERAL REQUIREMENTS

.— 23

‘‘(A) G

ENERAL CRITERIA FOR PRO

-24

GRAMS

.—Each provider shall demonstrate that 25

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the program for which the provider is seeking 1

eligibility under this section— 2

‘‘(i) prepares participants to meet the 3

hiring requirements of potential employers 4

in the State or a local area within the 5

State for employment that— 6

‘‘(I) is high skill and high wage; 7

or 8

‘‘(II) is in in-demand industry 9

sectors or occupations; 10

‘‘(ii) leads to a recognized postsec-11

ondary credential; 12

‘‘(iii) has been offered by the provider 13

for not less than 1 year; and 14

‘‘(iv)(I) meets the performance re-15

quirements for standard eligibility de-16

scribed in paragraph (2); or 17

‘‘(II) has received conditional eligi-18

bility described in paragraph (3). 19

‘‘(B) P

ROVIDER ELIGIBILITY ELECTION

.— 20

Any provider may elect to seek standard eligi-21

bility under paragraph (2) or conditional eligi-22

bility under paragraph (3). 23

‘‘(2) P

ERFORMANCE CRITERIA FOR STANDARD

ELIGIBILITY

.— 25

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‘‘(A) I

N GENERAL

.—The Governor shall— 1

‘‘(i) establish and publicize minimum 2

levels of performance for each of the cri-3

teria listed in subparagraph (B) that a 4

program offered by a provider of training 5

services shall achieve to receive and main-6

tain standard eligibility under this section; 7

‘‘(ii) verify the performance achieved 8

by such a program with respect to each 9

such criteria to determine whether the pro-10

gram meets the corresponding minimum 11

level of performance established under 12

clause (i)— 13

‘‘(I) in the case of the criteria de-14

scribed in (ii) through (iv) of subpara-15

graph (B), using State administrative 16

data (such as quarterly wage records); 17

and 18

‘‘(II) in the case of the criteria 19

described in subparagraph (B)(i), 20

using any applicable method for such 21

verification; and 22

‘‘(iii) in verifying the performance 23

achievement of a program, verify that such 24

program included a sufficient number of 25

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program participants to protect participant 1

personally identifiable information, and to 2

be a reliable indicator of performance 3

achievement. 4

‘‘(B) P

ERFORMANCE CRITERIA

.—The per-5

formance criteria to receive and maintain stand-6

ard eligibility for a program under this section 7

are as follows: 8

‘‘(i) The credential attainment rate of 9

program participants calculated as the per-10

centage of program participants who ob-11

tain the recognized postsecondary creden-12

tial for which the program prepares par-13

ticipants to earn within 6 months of exit 14

from the program. 15

‘‘(ii) The job placement rate of pro-16

gram participants calculated as the per-17

centage of program participants in unsub-18

sidized employment during the second 19

quarter after exit from the program. 20

‘‘(iii) The median earnings of program 21

participants who are in unsubsidized em-22

ployment during the second quarter after 23

exit from the program. 24

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‘‘(iv) The ratio of median earnings in-1

crease to the total cost of program, cal-2

culated as follows: 3

‘‘(I) The difference between— 4

‘‘(aa) the median participant 5

wages from unsubsidized employ-6

ment during the second quarter 7

after program exit; and 8

‘‘(bb) the median earnings 9

of participants wages during the 10

quarter prior to entering the pro-11

gram, to 12

‘‘(II) The total cost of the pro-13

gram (as described in paragraph 14

(5)(B)(iii)). 15

‘‘(C) L

OCAL CRITERIA

.—With respect to 16

any program receiving standard eligibility under 17

this section from a Governor, a local board in 18

the State may require higher levels of perform-19

ance than the minimum performance levels es-20

tablished by the Governor under this para-21

graph, but may not— 22

‘‘(i) require any information or appli-23

cation from the provider that is not re-24

quired for such standard eligibility; or 25

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‘‘(ii) establish a performance require-1

ment with respect to any criteria not listed 2

in subparagraph (B). 3

‘‘(3) C

ONDITIONAL ELIGIBILITY

.— 4

‘‘(A) R

EQUIREMENTS

.— 5

‘‘(i) I

N GENERAL

.—The Governor 6

shall establish procedures and criteria for 7

conditional eligibility for a program of a 8

provider of training services that does not 9

meet the requirements under subparagraph 10

(2). 11

‘‘(ii) P

ROCEDURES AND CRITERIA

.— 12

In establishing the procedures and criteria 13

under this subparagraph for conditional 14

eligibility under this paragraph, the Gov-15

ernor— 16

‘‘(I) shall establish the maximum 17

period, not to exceed a 4-year period, 18

that a program may receive and main-19

tain such conditional eligibility; 20

‘‘(II) with respect to a program 21

that has received conditional eligibility 22

for the maximum period established 23

under subclause (I) and that is seek-24

ing approval for an additional period 25

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of conditional eligibility, may not con-1

sider such program for such condi-2

tional eligibility during the 3-year pe-3

riod that begins on the day after the 4

end of most recent period for which 5

the program received conditional eligi-6

bility; and 7

‘‘(III) may establish other re-8

quirements related to program per-9

formance, including setting separate 10

minimum levels of performance on the 11

criteria described in paragraph (2) for 12

a program to maintain such condi-13

tional eligibility. 14

‘‘(B) P

AYMENTS

.—Payments under this 15

Act for the provision of training services by a 16

program with conditional eligibility shall be 17

made to the provider of such program, on the 18

basis of the achievement of successful outcomes 19

by a participant of such training services, in ac-20

cordance with the following: 21

‘‘(i) Upon participant enrollment, the 22

provider shall receive not less than 25 per-23

cent of the total funds to be provided 24

under section 133(b) for the provision of 25

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training services by such program to such 1

participant. 2

‘‘(ii) Upon participant completion and 3

credential attainment, the provider shall 4

receive not less than 25 percent of such 5

total funds. 6

‘‘(iii) Upon verification of the partici-7

pant’s employment during the second quar-8

ter after program completion, the provider 9

shall receive not less than 25 percent of 10

such total funds. 11

‘‘(iv) The remainder of such total 12

funds may be awarded at any of the inter-13

vals described in clauses (i) through (iii) as 14

determined by the Governor in accordance 15

with the procedures established under sub-16

paragraph (A). 17

‘‘(C) L

IMITATION ON BILLING PARTICI

-18

PANTS

.—With respect to a program participant 19

for whom a provider expects to be paid pursu-20

ant to subparagraph (B), the provider may 21

not— 22

‘‘(i) charge such participant tuition 23

and refund such charges after receiving 24

such payments; or 25

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‘‘(ii) if such program participant does 1

not achieve the outcomes necessary for the 2

provider to receive the provider’s full pay-3

ment pursuant to subparagraph (B) for 4

such participant, bill a participant for any 5

of the amounts described in subparagraph 6

(B). 7

‘‘(4) E

MPLOYER

SPONSORED OR INDUSTRY OR

SECTORAL PARTNERSHIP DESIGNATION

.— 9

‘‘(A) I

N GENERAL

.—The Governor shall 10

establish procedures and criteria for providers 11

to apply for an employer-sponsored designation 12

for a program that has received standard or 13

conditional eligibility under this paragraph, 14

which shall include a commitment from an em-15

ployer or an industry or sectoral partnership 16

to— 17

‘‘(i) pay to the provider, on behalf of 18

each participant enrolled in such program 19

under this Act, not less than 25 percent of 20

the cost of the program (as described in 21

paragraph (5)(B)(iii)), which shall be pro-22

vided in lieu of 25 percent of the amount 23

that the provider would have otherwise re-24

ceived under section 133(b) for the provi-25

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sion of training services by such program 1

to such participant; and 2

‘‘(ii) guarantee an interview and con-3

sideration for a job with the employer, or 4

in the case of an industry or sectoral part-5

nership, an employer within such partner-6

ship, for each such participant that suc-7

cessfully completes the program. 8

‘‘(B) R

ESTRICTION ON FINANCIAL AR

-9

RANGEMENT

.—A provider receiving an em-10

ployer-sponsored designation under this para-11

graph may not— 12

‘‘(i) have an ownership stake in the 13

employer or industry or sectoral partner-14

ship making a commitment described in 15

subparagraph (A); or 16

‘‘(ii) enter into an arrangement to re-17

imburse an employer or partnership for the 18

costs of a participant paid by such em-19

ployer or partnership. 20

‘‘(5) I

NFORMATION REQUIREMENTS

.—An eligi-21

ble provider shall submit appropriate, accurate, and 22

timely information to the Governor, to enable the 23

Governor to carry out subsection (d), with respect to 24

all participants of each eligible program (including 25

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participants for whom the provider receives pay-1

ments under this title) offered by the provider, 2

which shall— 3

‘‘(A) be made available by the State in a 4

common, linked, open, and interoperable data 5

format; 6

‘‘(B) include information on— 7

‘‘(i) the performance of the program 8

with respect to the performance account-9

ability measures described in section 116 10

for such participants; 11

‘‘(ii) the recognized postsecondary cre-12

dentials received by such participants, in-13

cluding, in relation to each such credential, 14

the issuing entity, any third-party endorse-15

ments, the occupations for which the cre-16

dential prepares individuals, the com-17

petencies achieved, the level of mastery of 18

such competencies (including how mastery 19

is assessed), and any transfer value or 20

stackability; 21

‘‘(iii) the total cost of the program, in-22

cluding the costs of the published tuition 23

and fees, supplies, books, and any other 24

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costs required by the provider for partici-1

pants in the program; 2

‘‘(iv) the percentage of such partici-3

pants that complete the program within 4

the number of weeks that full-time partici-5

pants would take to complete the program; 6

and 7

‘‘(v) in the case of a provider offering 8

programs seeking or maintaining standard 9

eligibility, the criteria described in para-10

graph (2) and not otherwise included in 11

clause (i) of this subparagraph; and 12

‘‘(C) with respect to employment and earn-13

ings measures described in subclauses (I) 14

through (III) of section 116(b)(2)(A)(i) for 15

such participants— 16

‘‘(i) the necessary information for the 17

State to develop program performance data 18

using State administrative data (such as 19

wage records); and 20

‘‘(ii) the necessary information to de-21

termine the percentage of such partici-22

pants who entered unsubsidized employ-23

ment in an occupation related to the pro-24

gram, to the extent practicable;’’. 25

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ROCEDURES

.—Section 122(c) (29 U.S.C. 1

3152(c)) is amended— 2

(1) in the first sentence of paragraph (1), by 3

inserting ‘‘, which shall be implemented in a manner 4

that minimizes the financial and administrative bur-5

den on the provider and shall not require the sub-6

mission of information in excess of the information 7

required to determine a program’s eligibility under 8

subsection (b);’’ after ‘‘provision of training serv-9

ices’’; 10

(2) by redesignating paragraph (2) as para-11

graph (3), and inserting the following after para-12

graph (1): 13

‘‘(2) A

PPROVAL

.—A Governor shall make an 14

eligibility determination with respect to a provider of 15

training services and the program for which the pro-16

vider is seeking eligibility under this section not 17

later than 30 days after receipt of an application 18

submitted by such provider consistent with the pro-19

cedures in paragraph (1).’’; 20

(3) in paragraph (3), as so redesignated— 21

(A) by striking ‘‘biennial’’ and inserting 22

‘‘annual’’; 23

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(B) by inserting before the period at the 1

end the following: ‘‘that continue to meet the 2

requirements under subsection (b)’’; and 3

‘‘Any program with standard or conditional eli-5

gibility that, upon such review, does not meet 6

the eligibility criteria established under sub-7

section (b) for standard or conditional eligi-8

bility, respectively, shall, except as otherwise 9

provided in subsection (g)(1)(E), no longer be 10

an eligible program and shall be removed from 11

the list described in subsection (d).’’; and 12

(4) by inserting at the end the following: 13

‘‘(4) M

ULTI

STATE PROVIDERS

.—The proce-14

dures established under subsection (a) shall specify 15

the process for any provider of training services of-16

fering a program in multiple States to establish eli-17

gibility in such States, which shall, to the extent 18

practicable, minimize financial and administrative 19

burdens on any such provider by authorizing the 20

provider to submit the same application materials 21

and information to the Governor of each State in 22

which such program will be providing services, as 23

long as the program meets the applicable State re-24

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quirements established under subsection (b) for each 1

such State. 2

‘‘(5) O

NLINE PROVIDERS

.—If a participant 3

chooses a provider that delivers training services ex-4

clusively online and is not located in the State of the 5

local area that approved such training services for 6

the participant in accordance with section 7

133(c)(3)(A)(i), such provider shall be ineligible to 8

receive payment for such participant from funds al-9

located to such State unless such provider is on the 10

list of eligible providers of training services described 11

in subsection (d) for such State.’’. 12

(d) L

IST AND

NFORMATION

SSIST

ARTICI

-13

PANTS IN

HOOSING

ROVIDERS

.—Section 122(d) of the 14

Workforce Innovation and Opportunity Act (29 U.S.C. 15

3152(d)) is amended— 16

(1) by redesignating paragraphs (2), (3), and 17

(4) as paragraphs (3), (4), and (6), respectively; 18

(2) by inserting after paragraph (1) the fol-19

lowing: 20

‘‘(2) C

REDENTIAL NAVIGATION FEATURE

.—In 21

order to enhance the ability of participants and em-22

ployers to understand and compare the value of the 23

recognized postsecondary credentials awarded by eli-24

gible programs offered by providers of training serv-25

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ices in a State, the Governor shall establish (or de-1

velop in partnership with other States), a credential 2

navigation feature that allows participants and the 3

public to search a list of such recognized postsec-4

ondary credentials, and the providers and programs 5

awarding such a credential, which shall include, with 6

respect to each such credential (aggregated for all 7

participants in the State that have received such cre-8

dential)— 9

‘‘(A) the information required under sub-10

section (b)(5)(B)(ii); and 11

‘‘(B) the employment and earnings out-12

comes described in subclause (I) through (III) 13

of section 116(b)(2)(i).’’; 14

(3) in paragraph (3) (as redesignated by para-15

graph (1))— 16

(A) by amending subparagraph (A), by 17

striking ‘‘(C) of subsection (a)(2)’’ and insert-18

ing ‘‘(D) of subsection (a)(2)’’; 19

(B) by amending subparagraph (B) to read 20

as follows: 21

‘‘(B) with respect to a program described 22

in subsection (b)(3)) that is offered by a pro-23

vider, consist of information designating the 24

program as having conditional eligibility;’’; and 25

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as follows: 2

‘‘(C) with respect to a program described 3

in subsection (b)(4) that is offered by a pro-4

vider, consist of the information promoting the 5

program as having an employer-sponsored des-6

ignation and identifying the employer or part-7

nership sponsoring the program.’’; 8

(4) by amending paragraph (4) (as so redesig-9

nated) to read as follows: 10

‘‘(4) A

VAILABILITY

.—The list (including the 11

credential navigation feature described in paragraph 12

(2)), and the accompanying information shall be 13

made available to such participants and to members 14

of the public through the one-stop delivery system in 15

the State— 16

‘‘(A) on a publicly accessible website 17

that— 18

‘‘(i) is consumer-tested; and 19

‘‘(ii) is searchable, easily understand-20

able, and navigable, and allows for the 21

comparison of eligible programs through 22

the use of common, linked, open-data de-23

scriptive language; and 24

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‘‘(B) in a manner that does not reveal per-1

sonally identifiable information about an indi-2

vidual participant.’’; and 3

(5) by inserting before paragraph (6) (as so re-4

designated), the following: 5

‘‘(5) W

EBSITE TECHNICAL ASSISTANCE

.—The 6

Secretary shall— 7

‘‘(A) upon request, provide technical assist-8

ance to a State on establishing a website that 9

meets the requirements of paragraph (4); and 10

‘‘(B) disseminate to each State effective 11

practices or resources from States and private 12

sector entities related to establishing a website 13

that is consumer-tested to ensure that the 14

website is easily understood, searchable, and 15

navigable’’. 16

(e) P

ROVIDER

ERFORMANCE

NCENTIVES

.—Section 17

122 (29 U.S.C. 3152), as amended by this section, is fur-18

ther amended— 19

(1) in subsection (e), by striking ‘‘information 20

requirements,’’ in each place it appears; 21

(2) by redesignating subsections (f) through (i) 22

as subsection (g) through (j), respectively; 23

(3) by inserting after subsection (e), as so 24

amended, the following: 25

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‘‘(f) P

ROVIDER

ERFORMANCE

NCENTIVES

.— 1

‘‘(1) I

N GENERAL

.—The Governor or a local 2

board may establish a system of performance incen-3

tive payments to be awarded to providers in addition 4

to the amount paid under section 133(b) to such 5

providers for the provision of training services to 6

participants of eligible programs. Such system of 7

performance incentives may be established to award 8

eligible programs that— 9

‘‘(A) achieve performance levels above the 10

minimum levels established by the Governor 11

under subsection (b)(2); 12

‘‘(B) serve a significantly higher number of 13

individuals with barriers to employment com-14

pared to training providers offering similar 15

training services; or 16

‘‘(C) achieve other performance successes, 17

including those related to jobs that provide eco-18

nomic stability and upward mobility (such as 19

leading to jobs with high wages and family sus-20

tainable benefits) as determined by the State or 21

the local board. 22

‘‘(2) I

NCENTIVE PAYMENTS

.—Incentive pay-23

ments to providers established under paragraph (1) 24

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shall be awarded to providers from the following al-1

lotments: 2

‘‘(A) In the case of a system of perform-3

ance incentive payments established by the Gov-4

ernor, from funds reserved by the Governor 5

under section 128(a). 6

‘‘(B) In the case of a system of perform-7

ance incentive payments established by a local 8

board, from the allocations made to the local 9

area for youth under section 128(b), for adults 10

under paragraph (2)(A) or (3) of section 11

133(b), or for dislocated workers under section 12

133(b)(2)(B), as appropriate.’’. 13

(f) E

NFORCEMENT

.—Section 122(g)(1) (as by redes-14

ignated by subsection (e)(2)), is amended by adding at the 15

end the following: 16

‘‘(D) F

AILURE TO PROVIDE REQUIRED IN

-17

FORMATION

.—With respect to a provider of 18

training services that is eligible under this sec-19

tion for a program year with respect to an eligi-20

ble program, but that does not provide the in-21

formation described in subsection (b)(5) with 22

respect to such program for such program year 23

(including information on performance nec-24

essary to determine if the program meets the 25

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minimum levels on the criteria to maintain eli-1

gibility), the provider shall be ineligible under 2

this section with respect to such program for 3

the program year after the program year for 4

which the provider fails to provide such infor-5

mation. 6

‘‘(E) F

AILURE TO MEET PERFORMANCE

CRITERIA

.— 8

‘‘(i) F

IRST YEAR

.—An eligible pro-9

gram that has received standard eligibility 10

under subsection (c)(2) for a program year 11

but fails to meet the minimum levels of 12

performance on the criteria described in 13

subsection (b)(2) during the most recent 14

program year for which performance data 15

on such criteria are available shall be noti-16

fied of such failure by the Governor. 17

‘‘(ii) S

ECOND CONSECUTIVE YEAR

.—A 18

program that fails to meet the minimum 19

levels of performance for a second consecu-20

tive program year shall lose standard eligi-21

bility for such program for at least the 22

program year following such second con-23

secutive program year. 24

‘‘(iii) R

EAPPLICATION

.— 25

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‘‘(I) S

TANDARD ELIGIBILITY

.—A 1

provider may reapply to receive stand-2

ard eligibility for the program accord-3

ing to the criteria described in sub-4

section (c) if the program perform-5

ance for the most recent program year 6

for which performance data is avail-7

able meets the minimum levels of per-8

formance required to receive such 9

standard eligibility. 10

‘‘(II) C

ONDITIONAL ELIGI

-11

BILITY

.—A program that loses stand-12

ard eligibility may apply to receive 13

conditional eligibility under the proc-14

ess and criteria established by the 15

Governor under subsection (b)(3).’’. 16

(g) O

N THE

RAINING

, C

USTOMIZED

RAINING

, 17

NCUMBENT

ORKER

RAINING

AND

THER

RAINING

XCEPTIONS

.—Subsection (i) (as redesignated by sub-19

section (e)(2)) of section 122 (29 U.S.C. 3152) is amend-20

ed— 21

(1) in paragraph (1), by striking ‘‘subsections 22

(a) through (f)’’ and inserting ‘‘subsections (a) 23

through (g)’’; and 24

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(2) in paragraph (2), by amending the first sen-1

tence to read as follows: ‘‘A one-stop operator in a 2

local area shall collect the minimum amount of in-3

formation from providers of on-the-job training, cus-4

tomized training, incumbent worker training, intern-5

ships, paid or unpaid work experience opportunities, 6

and transitional employment as necessary to enable 7

the use of State administrative data to generate 8

such performance information as the Governor may 9

require’’. 10

(h) T

ECHNICAL

SSISTANCE

.—Section 122 of the 11

Workforce Innovation and Opportunity Act (29 U.S.C. 12

3152) is further amended by adding at the end the fol-13

lowing: 14

‘‘(k) T

ECHNICAL

SSISTANCE

.—The Governor may 15

apply to the Secretary for technical assistance, as de-16

scribed in section 168(c), for purposes of carrying out the 17

requirements of subsection (c)(4), or paragraph (2) or (5) 18

of subsection (d), or any other amendments made by the 19

A Stronger Workforce for America Act to this section, and 20

the Secretary shall provide, in a timely manner, such tech-21

nical assistance.’’. 22

(i) T

RANSITION

.—A Governor and local boards shall 23

implement the requirements of section 122 of the Work-24

force Innovation and Opportunity Act (29 U.S.C. 3152), 25

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as amended by this Act, not later than 12 months after 1

the date of enactment of this Act. In order to facilitate 2

early implementation of this section, the Governor may es-3

tablish transition procedures under which providers eligi-4

ble to provide training services under chapter 1 of subtitle 5

B of title I of the Workforce Innovation and Opportunity 6

Act (29 U.S.C. 3151 et seq.), as such chapter was in effect 7

on the day before the date of enactment of this Act, may 8

continue to be eligible to provide such services until De-9

cember 31, 2024, or until such earlier date as the Gov-10

ernor determines to be appropriate. 11

CHAPTER 2—YOUTH WORKFORCE 12

INVESTMENT ACTIVITIES 13

SEC. 131. RESERVATIONS FOR STATEWIDE ACTIVITIES. 14

Section 128(a) of the Workforce Innovation and Op-15

portunity Act (29 U.S.C. 3173(a)) is amended— 16

(1) in paragraph (2), by striking ‘‘reserved 17

amounts’’ in each place and inserting ‘‘reserved 18

amounts under paragraph (1)’’; and 19

(2) by adding at the end the following: 20

‘‘(3) S

TATEWIDE CRITICAL INDUSTRY SKILLS

FUND

.— 22

‘‘(A) A

UTHORIZED RESERVATION

.—In ad-23

dition to the reservations required under para-24

graph (1) and section 133(a)(2), and subject to 25

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subparagraph (B), the Governor may reserve 1

not more than 10 percent of each of the 2

amounts allotted to the State under section 3

127(b)(1)(C) and paragraphs (1)(B) and (2)(B) 4

of section 132(b) for a fiscal year to establish 5

and administer a critical industry skills fund 6

described in section 134(a)(4). 7

‘‘(B) M

ATCHING FUNDS

.— 8

‘‘(i) R

EQUIREMENT

.—The amount of 9

funds reserved by a Governor under sub-10

paragraph (A) for a fiscal year may not ex-11

ceed the amount of funds that such Gov-12

ernor commits to using from any of the 13

funds listed in clause (ii) for such fiscal 14

year for the purposes of establishing and 15

administering the critical industry skills 16

fund for which funds are reserved under 17

subparagraph (A). 18

‘‘(ii) S

OURCES OF MATCHING

FUNDS

.—The funds listed in this clause 20

are as follows: 21

‘‘(I) Funds reserved by the Gov-22

ernor under paragraph (1) of this 23

subsection. 24

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‘‘(II) Other Federal funds not 1

described in subclause (I). 2

‘‘(III) State funds.’’. 3

SEC. 132. USE OF FUNDS FOR YOUTH WORKFORCE INVEST-4

MENT ACTIVITIES. 5

(a) O

PPORTUNITY

OUTH

.—Section 129 of the 6

Workforce Innovation and Opportunity Act (29 U.S.C. 7

3164) is amended by striking ‘‘out-of-school’’ each place 8

it appears and inserting ‘‘opportunity’’. 9

(b) Y

OUTH

ARTICIPANT

LIGIBILITY

.— 10

(1) E

LIGIBILITY DETERMINATION

.— 11

(A) E

LIGIBILITY

.—Subparagraph (A) of 12

section 129(a)(1) of the Workforce Innovation 13

and Opportunity Act (29 U.S.C. 3164(a)(1) is 14

amended to read as follows: 15

‘‘(A) E

LIGIBILITY DETERMINATION

.— 16

‘‘(i) I

N GENERAL

.—To be eligible to 17

participate in activities carried out under 18

this chapter during any program year, an 19

individual shall, at the time the eligibility 20

determination is made, be an opportunity 21

youth or an in-school youth. 22

‘‘(ii) E

NROLLMENT

.—If a one-stop 23

operator or eligible provider of youth work-24

force activities carrying out activities under 25

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this chapter reasonably believes that an in-1

dividual is eligible to participate in such 2

activities, the operator or provider may 3

allow such individual to participate in such 4

activities for not more than a 30-day pe-5

riod during which the operator or provider 6

shall obtain the necessary information to 7

make an eligibility determination with re-8

spect to such individual (which may involve 9

working with such individual, other entities 10

in the local area, and available sources of 11

administrative data to obtain the necessary 12

information). 13

‘‘(iii) D

ETERMINATION OF INELIGI

-14

BILITY

.—With respect to an individual who 15

is determined to be ineligible for activities 16

under this chapter by a one-stop operator 17

or a service provider during the period de-18

scribed in clause (ii) and who does not 19

qualify for an exception under paragraph 20

(3)(A)(ii) applicable to the local area in-21

volved, such operator or service provider— 22

‘‘(I) may— 23

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‘‘(aa) continue serving such 1

individual using non-Federal 2

funds; or 3

‘‘(bb) end the participation 4

of such individual in activities 5

under this chapter and refer the 6

individual to other services that 7

may be available in the local area 8

for which the individual may be 9

eligible; and 10

‘‘(II) shall be paid for any serv-11

ices provided to such individual under 12

this chapter during the period de-13

scribed in clause (ii) by the local area 14

involved using funds allocated to such 15

area under section 128(b). 16

‘‘(iv) D

ETERMINATION PROCESS FOR

HOMELESS AND FOSTER YOUTH

.—In de-18

termining whether an individual is eligible 19

to participate in activities carried out 20

under this chapter on the basis of being an 21

individual who is a homeless child or 22

youth, or a youth in foster care, as de-23

scribed in subparagraph (B)(iii)(V), the 24

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one-stop operator or service provider in-1

volved shall— 2

‘‘(I) if determining whether the 3

individual is a homeless child or 4

youth, use a process that is in compli-5

ance with the requirements of sub-6

section (a) of section 479D of the 7

Higher Education Act of 1965, as 8

added by section 702(l) of the FAFSA 9

Simplification Act (Public Law 116– 10

260), for financial aid administrators; 11

and 12

‘‘(II) if determining whether the 13

individual is a youth in foster care, 14

use a process that is in compliance 15

with the requirements of subsection 16

(b) of section 479D of the Higher 17

Education Act of 1965, as added by 18

section 702(l) of the FAFSA Sim-19

plification Act (Public Law 116–260), 20

for financial aid administrators.’’. 21

(B) D

EFINITION OF OPPORTUNITY

YOUTH

.—Subparagraph (B) of section 23

129(a)(1) of the Workforce Innovation and Op-24

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portunity Act (29 U.S.C. 3164(a)(1) is amend-1

ed— 2

(i) in the subparagraph heading, by 3

striking ‘‘O

SCHOOL

’’ and inserting 4

‘‘O

PPORTUNITY

’’; 5

(ii) in clause (i), by inserting ‘‘, except 6

that an individual described in subpara-7

graph (IV) or (V) of clause (iii) may be at-8

tending school’’ after ‘‘(as defined under 9

State law)’’; and 10

(iii) in clause (iii)(III)(bb), by striking 11

‘‘language’’. 12

EFINITION OF IN

SCHOOL YOUTH

.— 13

Subparagraph (C)(iv) of section 129(a)(1) of 14

the Workforce Innovation and Opportunity Act 15

(29 U.S.C. 3164(a)(1)) is amended— 16

(i) in subclause (II), by striking ‘‘lan-17

guage’’; 18

(ii) by striking subclauses (III) and 19

(IV); and 20

(iii) by redesignating subclauses (V), 21

(VI), and (VII) as subclauses (III), (IV), 22

and (V), respectively. 23

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(2) E

XCEPTION AND LIMITATION

.—Section 1

129(a)(3) of the Workforce Innovation and Oppor-2

tunity Act (29 U.S.C. 3164(a)(1)) is amended— 3

(A) in subparagraph (A)(ii), by striking 4

‘‘5’’ and inserting ‘‘10’’; and 5

(B) in subparagraph (B)— 6

(i) by striking ‘‘5’’ inserting ‘‘10’’; 7

and 8

(ii) by striking ‘‘paragraph 9

(1)(C)(iv)(VII)’’ and inserting ‘‘paragraph 10

(1)(C)(iv)(V)’’. 11

(3) O

PPORTUNITY YOUTH PRIORITY

.—Section 12

129(a)(4) of the Workforce Innovation and Oppor-13

tunity Act (29 U.S.C. 3164(a)(1)) is amended— 14

(A) in the paragraph heading, by striking 15

‘‘O

SCHOOL

’’ and inserting ‘‘O

PPOR

-16

TUNITY

’’; 17

(B) in subparagraph (A)— 18

(i) by striking ‘‘75’’ each place it ap-19

pears and inserting ‘‘65’’; 20

(ii) by inserting ‘‘the total amount of’’ 21

after ‘‘percent of’’; and 22

(iii) by inserting ‘‘in the State’’ after 23

‘‘subsection (c)’’; 24

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‘‘75’’ and inserting ‘‘65’’; 2

(D) by redesignating subparagraph (B), as 3

so amended, as subparagraph (C); and 4

(E) by inserting after subparagraph (A) 5

the following: 6

‘‘(B) L

OCAL AREA TARGETS

.—The local 7

board, the chief elected official, and the Gov-8

ernor shall negotiate and reach agreement on 9

the minimum amount of funds provided to a 10

local area under subsection (c) that shall be 11

used to provide youth workforce investment ac-12

tivities for opportunity youth based on the 13

needs of youth in the local area, as necessary 14

for the State to meet the percentage described 15

in subparagraph (A).’’. 16

EQUIRED

TATEWIDE

OUTH

CTIVITIES

.— 17

Section 129(b)(1) of the Workforce Innovation and Oppor-18

tunity Act (29 U.S.C. 3164(b)(1))— 19

(1) in the matter preceding subparagraph (A), 20

by striking ‘‘sections 128(a)’’ and inserting ‘‘sections 21

128(a)(1)’’; and 22

(2) in subparagraph (B), by inserting ‘‘through 23

a website that is consumer-tested to ensure that the 24

website is easily understood, searchable, and navi-25

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gable and allows for comparison of eligible providers 1

based on the program elements offered by such pro-2

viders and the performance of such providers on the 3

primary indicators of performance for the youth pro-4

gram as described in section 116(b)(2)(A)(ii)’’ after 5

‘‘under section 123’’. 6

(d) A

LLOWABLE

TATEWIDE

OUTH

CTIVITIES

.— 7

Section 129(b)(2) of the Workforce Innovation and Oppor-8

tunity Act (29 U.S.C. 3164(b)(2)) is amended— 9

(1) in the matter preceding subparagraph (A), 10

by striking ‘‘sections 128(a)’’ and inserting ‘‘sections 11

128(a)(1)’’; 12

(2) in subparagraph (C), by inserting ‘‘, which 13

may include providing guidance on career options in 14

in-demand industry sectors or occupations’’ after ‘‘in 15

the State’’; 16

(3) in subparagraph (D)— 17

(A) in clause (iv), by striking ‘‘and’’ at the 18

end; and 19

(B) by inserting after clause (v) the fol-20

lowing: 21

‘‘(vi) supporting the ability to under-22

stand relevant tax information and obliga-23

tions;’’; 24

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(4) in subparagraph (E), by striking the period 1

at the end and inserting a semicolon; and 2

(5) by adding at the end the following: 3

‘‘(F) establishing, supporting, and expand-4

ing work-based learning opportunities, including 5

transitional jobs, that are aligned with career 6

pathways; 7

‘‘(G) raising public awareness (including 8

through public service announcements, such as 9

social media campaigns and elementary and 10

secondary school showcases and school visits) 11

about career and technical education programs 12

and community-based and youth services orga-13

nizations, and other endeavors focused on pro-14

grams that prepare students for in-demand in-15

dustry sectors or occupations; and 16

‘‘(H) developing partnerships between edu-17

cational institutions (including area career and 18

technical schools and institutions of higher edu-19

cation) and employers to create or improve 20

workforce development programs to address the 21

identified education and skill needs of the work-22

force and the employment needs of employers in 23

the regions or local areas of the State, as deter-24

mined based on the most recent analysis con-25

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ducted under subparagraphs (B) and (C) of 1

section 102(b)(1).’’. 2

(e) L

OCAL

LEMENTS AND

EQUIREMENTS

.— 3

(1) P

ROGRAM DESIGN

.—Section 129(c)(1) of 4

the Workforce Innovation and Opportunity Act (29 5

U.S.C. 3164(c)(1)) is amended— 6

(A) in subparagraph (B), by inserting 7

‘‘(which, in the case of a participant 18 years 8

or older, may include co-enrollment in any em-9

ployment or training activity provided under 10

section 134 for adults)’’ after ‘‘for the partici-11

pant’’; 12

(B) in subparagraph (C)(v), by inserting 13

‘‘high-skill, high-wage, or’’ after ‘‘small employ-14

ers, in’’; and 15

(i) by striking ‘‘10’’ and inserting 17

‘‘40’’; and 18

(ii) by inserting before the period the 19

following: ‘‘, except that after 2 consecutive 20

years of the local board implementing such 21

a pay-for-performance contract strategy, 22

the local board may reserve and use not 23

more than 60 percent of such total funds 24

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allocated to the local area for such strategy 1

if— 2

‘‘(aa) the local board dem-3

onstrates to the Governor that 4

such strategy resulted in per-5

formance improvements; and 6

‘‘(bb) the Governor approves 7

a request to use such percentage 8

of total funds.’’. 9

(2) P

ROGRAM ELEMENTS

.—Section 129(c)(2) 10

of the Workforce Innovation and Opportunity Act 11

(29 U.S.C. 3164(c)(2)) is amended— 12

(A) in subparagraph (C)— 13

(i) in clause (i)— 14

(I) by striking ‘‘other’’ and in-15

serting ‘‘year-round’’; and 16

(II) by inserting ‘‘that meet the 17

requirements of paragraph (10)’’ after 18

‘‘school year’’; 19

(ii) in clause (iii), by striking ‘‘and job 20

shadowing; and’’ and inserting the fol-21

lowing: ‘‘that, to the extent practicable, are 22

aligned with in-demand industry sectors or 23

occupations in the State or local area and 24

for which participants shall be paid (by the 25

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entity providing the internship, through 1

funds allocated to the local area pursuant 2

to paragraph (1) for the program, or by 3

another entity) if such internships are 4

longer than— 5

‘‘(I) 4 weeks in the summer or 8 6

weeks during the school year for in- 7

school youth and opportunity youth 8

who are enrolled in school; or 9

‘‘(II) 8 weeks for opportunity 10

youth who are not enrolled in 11

school;’’; 12

(iii) by redesignating clause (iv) as 13

clause (v); and 14

(iv) by inserting after clause (iii), as 15

so amended, the following: 16

‘‘(iv) job shadowing; and’’; 17

(B) in subparagraph (H), by striking 18

‘‘adult mentoring’’ and inserting ‘‘coaching and 19

adult mentoring services’’; 20

(i) by inserting ‘‘high-skill, high-wage, 22

or’’ before ‘‘in-demand industry’’; and 23

(ii) by striking the ‘‘and’’ at the end; 24

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(D) in subparagraph (N), by striking the 1

period at the end and inserting ‘‘; and’’; and 2

(E) by adding at the end the following: 3

‘‘(O) activities to develop fundamental 4

workforce readiness, which may include cre-5

ativity, collaboration, critical thinking, digital 6

literacy, persistence, and other relevant skills.’’. 7

(3) P

RIORITY

.—Section 129(c)(4) of the Work-8

force Innovation and Opportunity Act (29 U.S.C. 9

3164(c)(2)) is amended, by striking ‘‘20’’ and in-10

serting ‘‘40’’. 11

(4) R

ULE OF CONSTRUCTION

.—Section 12

129(c)(5) of the Workforce Innovation and Oppor-13

tunity Act (29 U.S.C. 3164(c)(2)) is amended by in-14

serting ‘‘or local area’’ after ‘‘youth services’’. 15

(5) I

NDIVIDUAL TRAINING ACCOUNTS

.—Section 16

129(c) of the Workforce Innovation and Opportunity 17

Act (29 U.S.C. 3164(c)(2)) is further amended by 18

adding at the end the following: 19

‘‘(9) I

NDIVIDUAL TRAINING ACCOUNTS

.—Funds 20

allocated pursuant to paragraph (1) to a local area 21

may be used to pay, through an individual training 22

account, an eligible provider of training services de-23

scribed in section 122(d) for training services de-24

scribed in section 134(c)(3) provided to in-school 25

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youth who are not younger than age 16 and not 1

older than age 21 and opportunity youth, in the 2

same manner that an individual training account is 3

used to pay an eligible provider of training services 4

under section 134(c)(3)(F)(iii) for training services 5

provided to an adult or dislocated worker.’’. 6

(6) S

UMMER AND YEAR

ROUND EMPLOYMENT

OPPORTUNITIES REQUIREMENTS

.—Section 129(c) of 8

the Workforce Innovation and Opportunity Act (29 9

U.S.C. 3164(c)(2)) is further amended by adding at 10

the end the following: 11

‘‘(10) S

UMMER AND YEAR

ROUND EMPLOYMENT

OPPORTUNITIES REQUIREMENTS

.— 13

‘‘(A) I

N GENERAL

.—A summer employ-14

ment opportunity or a year-round employment 15

opportunity referred to in paragraph (2)(C)(i) 16

shall be a program that matches eligible youth 17

participating in such program with an appro-18

priate employer (based on factors including the 19

needs of the employer and the age, skill, and in-20

formed aspirations of the eligible youth) that— 21

‘‘(i) shall include— 22

‘‘(I) a component of occupational 23

skills education; 24

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‘‘(II) not less than 2 of the ac-1

tivities described in subparagraphs 2

(G), (H), (I), (K), (M), and (O) of 3

paragraph (2); 4

‘‘(ii) may not use funds allocated 5

under this chapter to subsidize more than 6

50 percent of the wages of each eligible 7

youth participant in such program; 8

‘‘(iii) in the case of a summer employ-9

ment opportunity, complies with the re-10

quirements of subparagraph (B); and 11

‘‘(iv) in the case of a year-round em-12

ployment opportunity, complies with the 13

requirements of subparagraph (C). 14

‘‘(B) S

UMMER EMPLOYMENT OPPOR

-15

TUNITY

.—In addition to the applicable require-16

ments described in subparagraph (A), a sum-17

mer employment opportunity— 18

‘‘(i) may not be less than 4 weeks; 19

and 20

‘‘(ii) may not pay less than the great-21

er of the applicable Federal, State, or local 22

minimum wage. 23

‘‘(C) Y

EAR

ROUND EMPLOYMENT OPPOR

-24

TUNITY

.—In addition to the applicable require-25

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ments described in subparagraph (B), a year- 1

round employment opportunity— 2

‘‘(i) may not be shorter than 180 days 3

or longer than 1 year; 4

‘‘(ii) may not pay less than the great-5

er of the applicable Federal, State, or local 6

minimum wage; and 7

‘‘(iii) may not employ the eligible 8

youth for less than 20 hours per week, ex-9

cept in instances when the eligible youth 10

are under the age of 18 or enrolled in 11

school. 12

‘‘(D) P

RIORITY

.—In selecting summer em-13

ployment opportunities or year-round employ-14

ment opportunities for purposes of paragraph 15

(2)(C)(i), a local area shall give priority to pro-16

grams that meet the requirements of this para-17

graph, which are in existing or emerging high- 18

skill, high-wage, or in-demand industry sectors 19

or occupations.’’. 20

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CHAPTER 3—ADULT AND DISLOCATED 1

WORKER EMPLOYMENT AND TRAIN-2

ING ACTIVITIES 3

SEC. 141. STATE ALLOTMENTS. 4

Section 132(a)(2)(A) of the Workforce Innovation 5

and Opportunity Act (29 U.S.C. 3172(a)(2)(A)) is amend-6

ed by— 7

(1) striking ‘‘, 169(c) (relating to dislocated 8

worker projects),’’; and 9

(2) by inserting ‘‘, and under subsections (c) 10

(related to dislocated worker projects) and (d) (re-11

lated to workforce data quality initiatives) of section 12

169’’ before ‘‘; and’’. 13

SEC. 142. RESERVATIONS FOR STATE ACTIVITIES; WITHIN 14

STATE ALLOCATIONS. 15

(a) R

ESERVATIONS FOR

TATE

CTIVITIES

.—Section 16

133(a) of the Workforce Innovation and Opportunity Act 17

(29 U.S.C. 3173(a)) is amended— 18

(1) in paragraph (1), by striking ‘‘section 19

128(a)’’ and inserting ‘‘section 128(a)(1)’’; and 20

(2) by adding at the end the following: 21

‘‘(3) S

TATEWIDE CRITICAL INDUSTRY SKILLS

FUND

.—In addition to the reservations required 23

under paragraphs (1) and (2) of this subsection, the 24

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Governor may make the reservation authorized 1

under section 128(a)(3).’’. 2

(b) W

ITHIN

TATE

LLOCATIONS

.—Section 3

133(b)(1) of the Workforce Innovation and Opportunity 4

Act (29 U.S.C. 3173(b)) is amended— 5

(1) in subparagraph (A), by striking ‘‘sub-6

section (a)(1)’’ and inserting ‘‘paragraph (1) or (3) 7

of subsection (a)’’; and 8

(2) in subparagraph (B), by striking ‘‘para-9

graph (1) or (2) of subsection (a)’’ and inserting 10

‘‘paragraph (1), (2), or (3) of subsection (a)’’. 11

SEC. 143. USE OF FUNDS FOR EMPLOYMENT AND TRAINING 12

ACTIVITIES. 13

(a) S

TATEWIDE

MPLOYMENT AND

RAINING

-14

TIVITIES

.— 15

(1) I

N GENERAL

.—Section 134(a)(1) of the 16

Workforce Innovation and Opportunity Act (29 17

U.S.C. 3174(a)(1))— 18

(A) in subparagraph (A), by striking 19

‘‘and’’ at the end; 20

(B) in subparagraph (B)— 21

(i) in the matter preceding clause (i), 22

by striking ‘‘128(a)’’ and inserting 23

‘‘128(a)(1)’’; and 24

(ii) in clause (ii)— 25

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(I) by striking the comma at the 1

end and inserting ‘‘or to establish and 2

administer a critical skills fund under 3

paragraph (4); and’’; and 4

at the end the following: 6

‘‘(C) as described in section 128(a)(3), 7

shall be used to establish and administer a crit-8

ical industry skills fund described in paragraph 9

(4).’’. 10

(2) R

EQUIRED STATEWIDE EMPLOYMENT AND

TRAINING ACTIVITIES

.— 12

(A) S

TATEWIDE RAPID RESPONSE ACTIVI

-13

TIES

.—Section 134(a)(2)(A) of the Workforce 14

Innovation and Opportunity Act (29 U.S.C. 15

3174(a)(2)(A)) is amended— 16

(i) in clause (i)— 17

(I) in subclause (I)— 18

(aa) by striking ‘‘working’’ 19

and inserting ‘‘as a rapid re-20

sponse unit working’’; and 21

(bb) by striking ‘‘and’’ at 22

the end; 23

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(II) in subclause (II), by striking 1

the period at the end and inserting ‘‘; 2

and’’; and 3

(III) by adding at the end the 4

following: 5

‘‘(III) provision of additional as-6

sistance to a local area that has ex-7

cess demand for individual training 8

accounts for dislocated workers in 9

such local area and requests such as-10

sistance under paragraph (5) of sec-11

tion 414(c) of the American Competi-12

tiveness and Workforce Improvement 13

Act of 1998 (29 U.S.C. 3224a(5)), 14

upon a determination by the State 15

that, in using funds allocated to such 16

local area pursuant to paragraph (1) 17

of such section 414(c) and subsection 18

(c)(1)(B) of this section for the pur-19

pose described in paragraph (2)(A) of 20

such section 414(c), the local area 21

was in compliance with the require-22

ments of such section 414(c).’’; and 23

(ii) by adding at the end the fol-24

lowing: 25

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‘‘(iii) I

NSUFFICIENT FUNDS TO MEET

EXCESS DEMAND

.—If a State determines 2

that a local area with excess demand as 3

described in clause (i)(A)(i)(III) met the 4

compliance requirements described in such 5

clause, but the State does not have suffi-6

cient funds reserved under section 7

133(a)(2) to meet such excess demand, the 8

State— 9

‘‘(I) shall notify the Secretary of 10

such excess demand; and 11

‘‘(II) if eligible, may apply for a 12

national dislocated worker grant 13

under section 170 of this Act.’’. 14

(B) S

TATEWIDE EMPLOYMENT AND TRAIN

-15

ING ACTIVITIES

.—Section 134(a)(2)(B) of the 16

Workforce Innovation and Opportunity Act (29 17

U.S.C. 3174(a)(2)(B) is amended— 18

(i) in clause (i)— 19

(I) in subclause (III), by striking 20

‘‘and’’ at the end; 21

(II) in subclause (IV)— 22

(aa) by inserting ‘‘the devel-23

opment and education of staff to 24

increase expertise in providing 25

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opportunities for covered vet-1

erans (as defined in section 2

4212(a)(3)(A) of title 38, United 3

States Code) to enter in-demand 4

industry sectors or occupations 5

and nontraditional occupations),’’ 6

after ‘‘exemplary program activi-7

ties,’’; and 8

(bb) by adding ‘‘and’’ at the 9

end; and 10

(III) by adding at the end the 11

following: 12

‘‘(V) local boards and eligible 13

training providers in carrying out the 14

performance reporting required under 15

section 116(d), including facilitating 16

data matches for program partici-17

pants using quarterly wage record in-18

formation (including the wage records 19

made available by any other State) 20

and other sources of information, as 21

necessary to measure the performance 22

of programs and activities conducted 23

under chapter 2 or chapter 3 of this 24

subtitle;’’; 25

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(ii) in clause (ii), by striking ‘‘(7)’’ 1

and inserting ‘‘(6)’’; 2

(iii) in clause (v)— 3

(I) in subclause (II), by striking 4

‘‘customized training’’ and inserting 5

‘‘employer-directed skills develop-6

ment’’; and 7

(II) in subclause (VI), by striking 8

‘‘and’’ at the end; 9

(iv) in clause (vi), by striking the pe-10

riod at the end and inserting a semicolon; 11

and 12

(v) by adding at the end the following: 13

‘‘(vii) coordinating (which may be 14

done in partnership with other States) with 15

industry organizations, employers (includ-16

ing small and mid-sized employers), indus-17

try or sector partnerships, training pro-18

viders, local boards, and institutions of 19

higher education to identify or develop 20

competency-based assessments that are a 21

valid and reliable method of collecting in-22

formation with respect to, and measuring, 23

the prior knowledge, skills, and abilities of 24

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individuals who are adults or dislocated 1

workers for the purpose of— 2

‘‘(I) awarding, based on the 3

knowledge, skills, and abilities of such 4

an individual validated by such assess-5

ments— 6

‘‘(aa) a recognized postsec-7

ondary credential that is used by 8

employers in the State for re-9

cruitment, hiring, retention, or 10

advancement purposes; 11

‘‘(bb) postsecondary credit 12

toward a recognized postsec-13

ondary credential aligned with in- 14

demand industry sectors and oc-15

cupations in the State for the 16

purpose of accelerating attain-17

ment of such credential; and 18

‘‘(cc) postsecondary credit 19

for progress along a career path-20

way developed by the State or a 21

local area within the State; 22

‘‘(II) developing individual em-23

ployment plans under subsection 24

(c)(2)(B)(vii)(II) that incorporate the 25

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knowledge, skills, and abilities of such 1

an individual to identify— 2

‘‘(aa) in-demand industry 3

sectors or occupations that re-4

quire similar knowledge, skills, 5

and abilities; and 6

‘‘(bb) any upskilling needed 7

for the individual to secure em-8

ployment in such a sector or oc-9

cupation; and 10

‘‘(III) helping such an individual 11

communicate such knowledge, skills, 12

and abilities to prospective employers 13

through a skills-based resume, profile, 14

or portfolio; and 15

‘‘(viii) disseminating to local areas 16

and employers information relating to the 17

competency-based assessments identified or 18

developed pursuant to clause (vii), includ-19

ing— 20

‘‘(I) any credential or credit 21

awarded pursuant to items (aa) 22

through (cc) of clause (vii)(I); 23

‘‘(II) the industry organizations, 24

employers, training providers, and in-25

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stitutions of higher education located 1

within the State that recognize the 2

knowledge, skills, and abilities of an 3

individual validated by such assess-4

ments; 5

‘‘(III) how such assessments may 6

be provided to, and accessed by, indi-7

viduals through the one-stop delivery 8

system; and 9

‘‘(IV) information on the extent 10

to which such assessments are being 11

used by employers and local areas in 12

the State.’’. 13

(3) A

LLOWABLE STATEWIDE EMPLOYMENT AND

TRAINING ACTIVITIES

.—Section 134(a)(3)(A) of the 15

Workforce Innovation and Opportunity Act (29 16

U.S.C. 3174(a)(3)(A))— 17

(A) in clause (i)— 18

(i) by inserting ‘‘or evidence-based’’ 19

after ‘‘innovative’’; and 20

(ii) by striking ‘‘customized training’’ 21

and inserting ‘‘employer-directed skills de-22

velopment’’; 23

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(B) in clause (ii), by inserting ‘‘, or bring-1

ing evidence-based strategies to scale,’’ after 2

‘‘strategies’’; 3

learning assessment to’’ and inserting ‘‘, prior 5

learning assessment, or a competency-based as-6

sessment identified or developed by the State 7

under paragraph (2)(B)(vii), to’’; 8

(D) in clause (viii)(II)— 9

(i) in item (dd), by striking ‘‘and lit-10

eracy’’ and inserting ‘‘, literacy, and digital 11

literacy’’; 12

(ii) in item (ee), by striking ‘‘ex-of-13

fenders in reentering the workforce; and’’ 14

and inserting ‘‘justice-involved individuals 15

in reentering the workforce;’’; and 16

(iii) by adding at the end the fol-17

lowing: 18

‘‘(gg) programs under the 19

Older Americans Act of 1965 (42 20

U.S.C. 3001 et seq.) that support 21

employment and economic secu-22

rity; and’’; 23

(E) in clause (xiii), by striking ‘‘and’’ at 24

the end; 25

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(F) in clause (xiv), by striking the period 1

at the end and inserting a semicolon; and 2

(G) by adding at the end the following: 3

‘‘(xv) supporting employers seeking to 4

implement skills-based hiring practices, 5

which may include technical assistance on 6

the use and validation of employment as-7

sessments (including competency-based as-8

sessments developed or identified by the 9

State pursuant to paragraph (2)(B)(vii)), 10

and support in the creation of skills-based 11

job descriptions; 12

‘‘(xvi) developing partnerships be-13

tween educational institutions (including 14

area career and technical education 15

schools, local educational agencies, and in-16

stitutions of higher education) and employ-17

ers to create or improve workforce develop-18

ment programs to address the identified 19

education and skill needs of the workforce 20

and the employment needs of employers in 21

regions of the State, as determined by the 22

most recent analysis conducted under sub-23

paragraphs (A), (B), and (C) of section 24

102(b)(1); 25

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‘‘(xvii) identifying and making avail-1

able to residents of the State, free or re-2

duced cost access to online skills develop-3

ment programs that are aligned with in-de-4

mand industries or occupations in the 5

State and lead to attainment of a recog-6

nized postsecondary credential valued by 7

employers in such industries or occupa-8

tions; and 9

‘‘(xviii) establishing and administering 10

critical skills fund under paragraph (4).’’. 11

(4) C

RITICAL INDUSTRY SKILLS FUND

.—Sec-12

tion 134(a) of the Workforce Innovation and Oppor-13

tunity Act (29 U.S.C. 3174(a)), as amended, is fur-14

ther amended by adding at the end the following: 15

‘‘(4) C

RITICAL INDUSTRY SKILLS FUND

.— 16

‘‘(A) P

ERFORMANCE

BASED PAYMENTS

.— 17

A State shall use funds reserved under para-18

graph (3)(A) of section 128(a), and any funds 19

reserved under paragraph (3)(B) of section 20

128(a), to establish and administer a critical in-21

dustry skills fund to award performance-based 22

payments on a per-worker basis to eligible enti-23

ties that provide eligible skills development pro-24

grams to prospective workers or incumbent 25

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workers (which may include youth age 18 1

through age 24) in industries and occupations 2

identified by the Governor under subparagraph 3

(B) that will result in employment or retention 4

with a participating employer. 5

‘‘(B) I

NDUSTRIES AND OCCUPATIONS

.— 6

‘‘(i) I

N GENERAL

.—The Governor (in 7

consultation with the State board)— 8

‘‘(I) shall identify the industries 9

and occupations for which an eligible 10

skills development program carried 11

out by an eligible entity in the State 12

may receive funds under this para-13

graph; and 14

‘‘(II) may select the industries 15

and occupations identified under sub-16

clause (I) that will receive priority for 17

funds under this paragraph. 18

‘‘(ii) H

IGH GROWTH AND HIGH

WAGE

.—In selecting industries or occupa-20

tions to prioritize pursuant to clause 21

(i)(II), the Governor may consider— 22

‘‘(I) industries that have, or are 23

expected to have, a high rate of 24

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growth and an unmet demand for 1

skilled workers; and 2

‘‘(II) occupations— 3

‘‘(aa) with wages that are 4

significantly higher than an occu-5

pation of similar level of skill or 6

needed skill development; or 7

‘‘(bb) that are aligned with 8

career pathways into higher-wage 9

occupations. 10

‘‘(C) S

UBMISSION OF PROPOSALS

.— 11

‘‘(i) I

N GENERAL

.—To be eligible to 12

receive a payment under the critical indus-13

try skills fund established under this para-14

graph by a State, an eligible entity shall 15

submit a proposal to the Governor in such 16

form and at such time as the Governor 17

may require (subject to the requirements 18

of clause (ii)), which shall include— 19

‘‘(I) a description of the indus-20

tries or occupations in which the par-21

ticipating employer is seeking to fill 22

jobs, the specific skills or credentials 23

necessary for an individual to obtain 24

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such a job, and the salary range of 1

such a job; 2

‘‘(II) the expected number of in-3

dividuals who will participate in the 4

skills development program to be car-5

ried out by the eligible entity; 6

‘‘(III) a description of the eligible 7

skills development program, including 8

the provider, the length of the pro-9

gram, the skills to be gained, and any 10

recognized postsecondary credentials 11

that will be awarded; 12

‘‘(IV) the total cost of providing 13

the program; 14

‘‘(V) for purposes of receiving a 15

payment pursuant to subparagraph 16

(D)(i)(II)(bb), a commitment from the 17

participating employer in the eligible 18

entity to employ each participant of 19

the program for not less than a 6- 20

month period (or a longer period as 21

determined by the State) after suc-22

cessful completion of the program; 23

and 24

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•HR 6655 IH

‘‘(VI) an assurance that the enti-1

ty will— 2

‘‘(aa) establish the written 3

agreements described in subpara-4

graph (D)(ii)(I); 5

‘‘(bb) maintain and submit 6

the documentation described in 7

subparagraph (D)(ii)(II); and 8

‘‘(cc) maintain and submit 9

the necessary documentation for 10

the State to verify participant 11

outcomes and report such out-12

comes as described in subpara-13

graph (F). 14

‘‘(ii) A

DMINISTRATIVE BURDEN

.—The 15

Governor shall ensure that the form and 16

manner in which a proposal required to be 17

submitted under clause (i) is designed to 18

minimize paperwork and administrative 19

burden for entities. 20

‘‘(iii) A

PPROVAL OF SUBSEQUENT

PROPOSALS

.—With respect to an eligible 22

entity that has had a proposal approved by 23

the Governor under this subparagraph and 24

that submits a subsequent proposal under 25

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this subparagraph, the eligible entity may 1

only receive approval from the Governor 2

for the subsequent proposal if— 3

‘‘(I) with respect to the most re-4

cent proposal approved under this 5

subparagraph— 6

‘‘(aa) the skills development 7

program has ended; 8

‘‘(bb) for any participants 9

employed by the participating 10

employer in accordance with sub-11

paragraph (C)(i)(V), the min-12

imum periods of such employ-13

ment described in such subpara-14

graph have ended; 15

‘‘(cc) all the payments under 16

subparagraph (D) owed to the el-17

igible entity have been made; and 18

‘‘(dd) not fewer than 70 per-19

cent of the participants who en-20

rolled in the skills development 21

program— 22

‘‘(AA) completed such 23

program; and 24

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‘‘(BB) after such com-1

pletion, were employed by 2

the participating employer 3

for the minimum period de-4

scribed in subparagraph 5

(C)(i)(V); and 6

‘‘(II) the eligible entity meets any 7

other requirements that the Governor 8

may establish with respect to eligible 9

entities submitting subsequent pro-10

posals. 11

‘‘(D) R

EIMBURSEMENT FOR APPROVED

PROPOSALS

.— 13

‘‘(i) S

TATE REQUIREMENTS

.— 14

‘‘(I) I

N GENERAL

.—With respect 15

to each eligible entity whose proposal 16

under subparagraph (C) has been ap-17

proved by the Governor, the Governor 18

shall make payments (in an amount 19

determined by the Governor and sub-20

ject to the requirements of subclause 21

(II) of this clause, subparagraphs (E) 22

and (G), and any other limitations de-23

termined necessary by the State) from 24

the critical industry skills fund estab-25

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lished under this paragraph to such 1

eligible entity for each participant of 2

the eligible skills development pro-3

gram described in such proposal and 4

with respect to whom the eligible enti-5

ty meets the requirements of clause 6

(ii). 7

‘‘(II) P

AYMENTS

.—In making 8

payments to an eligible entity under 9

subclause (I) with respect to a partici-10

pant— 11

‘‘(aa) 50 percent of the total 12

payment shall be made after the 13

participant completes the eligible 14

skills development program of-15

fered by the eligible entity; and 16

‘‘(bb) the remaining 50 per-17

cent of such total payment shall 18

be made after the participant has 19

been employed by the partici-20

pating employer for the minimum 21

period described in subparagraph 22

(C)(i)(V). 23

‘‘(ii) E

LIGIBLE ENTITY REQUIRE

-24

MENTS

.—To be eligible to receive the pay-25

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ments described in clause (i) with respect 1

to a participant, an eligible entity de-2

scribed in such clause shall— 3

‘‘(I) establish a written agree-4

ment with the participant that in-5

cludes the information described in 6

subclauses (I) and (III) of subpara-7

graph (C)(i); and 8

‘‘(II) submit documentation as 9

the Governor determines necessary to 10

verify that such participant has com-11

pleted the skills development program 12

offered by the eligible entity and has 13

been employed by the participating 14

employer for the minimum period de-15

scribed in subparagraph (C)(i)(V). 16

‘‘(E) N

FEDERAL COST SHARING

.— 17

‘‘(i) L

IMITS ON FEDERAL SHARE

.—An 18

eligible entity may not receive funds under 19

subparagraph (D) with respect to a partici-20

pant of the eligible skills development pro-21

gram offered by the eligible entity in ex-22

cess of the following costs of such pro-23

gram: 24

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‘‘(I) In the case of a partici-1

pating employer of such eligible entity 2

with 25 or fewer employees, 90 per-3

cent of the costs. 4

‘‘(II) In the case of a partici-5

pating employer of such eligible entity 6

with more than 25 employees, but 7

fewer than 100 employees, 75 percent 8

of the costs. 9

‘‘(III) In the case of a partici-10

pating employer of such eligible entity 11

with 100 or more employees, 50 per-12

cent of the costs. 13

‘‘(ii) N

FEDERAL SHARE

.— 14

‘‘(I) I

N GENERAL

.—Any costs of 15

the skills development program of-16

fered to a participant by such eligible 17

entity that are not covered by the 18

funds received under subparagraph 19

(D) shall be the non-Federal share 20

provided by the eligible entity (in cash 21

or in-kind). 22

‘‘(II) E

MPLOYER COST SHAR

-23

ING

.—If the eligible skills develop-24

ment program is being provided on- 25

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the-job, the non-Federal share pro-1

vided by an eligible entity may include 2

the amount of the wages paid by the 3

participating employer of the eligible 4

entity to a participant while such par-5

ticipant is receiving the training. 6

‘‘(F) P

ERFORMANCE REPORTING

.— 7

‘‘(i) I

N GENERAL

.—The State shall 8

use the participant information provided 9

by eligible entities to submit to the Sec-10

retary a report, on an annual basis, with 11

respect to the participants of the eligible 12

skills development programs for which the 13

eligible entities received funds under this 14

paragraph for the most recent program 15

year, which shall— 16

‘‘(I) be made digitally available 17

by the Secretary using linked, open, 18

and interoperable data, which shall in-19

clude; and 20

‘‘(II) include— 21

‘‘(aa) the number of individ-22

uals who participated in pro-23

grams, unless such information 24

would reveal personally identifi-25

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able information about an indi-1

vidual); and 2

‘‘(bb) performance outcomes 3

on the measures listed in clause 4

(ii). 5

‘‘(ii) M

EASURES

.—The measures list-6

ed below are as follows: 7

‘‘(I) The percentage of partici-8

pants who completed the skills devel-9

opment program. 10

‘‘(II) The percentage of partici-11

pants who were employed by the par-12

ticipating employer for a 6-month pe-13

riod after program completion. 14

‘‘(III) The percentage of partici-15

pants who were employed by the par-16

ticipating employer as described in 17

subclause (II), and who remained em-18

ployed by the participating employer 1 19

year after program completion. 20

‘‘(IV) The median earnings of 21

program participants who are in un-22

subsidized employment during the sec-23

ond quarter after program completion. 24

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‘‘(V) The median earnings in-1

crease of program participants, meas-2

ured by comparing the earning of a 3

participant in the second quarter prior 4

to entry into the program to the earn-5

ings of such participant in the second 6

quarter following completion of the 7

program. 8

‘‘(G) D

EFINITIONS

.—In this paragraph: 9

‘‘(i) E

LIGIBLE ENTITY

.—The term ‘el-10

igible entity’ means an employer, a group 11

of employers, an industry or sector part-12

nership, or another entity serving as an 13

intermediary (such as a local board) that is 14

in a partnership with at least one employer 15

in an industry or occupation identified by 16

the Governor under subparagraph (B)(i) 17

(referred to in this paragraph as the ‘par-18

ticipating employer’). 19

‘‘(ii) E

LIGIBLE SKILLS DEVELOPMENT

PROGRAM

.—The term ‘eligible skills devel-21

opment program’, with respect to which a 22

State may set a maximum and minimum 23

length (in weeks)— 24

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‘‘(I) includes work-based edu-1

cation or related occupational skills 2

instruction that— 3

‘‘(aa) develops the specific 4

technical skills necessary for suc-5

cessful performance of the occu-6

pations in which participants are 7

to be employed upon completion; 8

and 9

‘‘(bb) may be provided by 10

the eligible entity or by any 11

training provider selected by the 12

eligible entity and that is not re-13

quired to be on a list of eligible 14

providers of training services de-15

scribed in section 122(d); and 16

‘‘(II) may not include employee 17

onboarding, orientation, or profes-18

sional development generally provided 19

to employees.’’. 20

(5) S

TATE

IMPOSED REQUIREMENTS

.—Section 21

134(a) of the Workforce Innovation and Opportunity 22

Act (29 U.S.C. 3174(a)), as amended, is further 23

amended by adding at the end the following: 24

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‘‘(5) S

TATE

IMPOSED REQUIREMENTS

.—When-1

ever a State or outlying area implements any rule or 2

policy relating to the administration or operation of 3

activities authorized under this title that has the ef-4

fect of imposing a requirement that is not imposed 5

under Federal law, or is not a requirement, process, 6

or criteria that the Governor or State is directed to 7

establish under Federal law, the State or outlying 8

area shall identify to local areas and eligible pro-9

viders the requirement as being imposed by the 10

State or outlying area.’’. 11

(b) R

EQUIRED

OCAL

MPLOYMENT AND

RAINING

CTIVITIES

.— 13

(1) M

INIMUM AMOUNT FOR SKILLS DEVELOP

-14

MENT

.—Section 134(c)(1) of the Workforce Innova-15

tion and Opportunity Act (29 U.S.C. 3174(c)(1)) is 16

amended— 17

(A) in subparagraph (A)(iv), by striking 18

‘‘to’’ and inserting ‘‘to provide business services 19

described in paragraph (4) and’’; 20

(B) by redesignating subparagraph (B) as 21

subparagraph (C); 22

as so amended, the following: 24

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‘‘(B) M

INIMUM AMOUNT FOR SKILLS DE

-1

VELOPMENT

.—Not less than 50 percent of the 2

funds described in subparagraph (A) shall be 3

used by the local area— 4

‘‘(i) for the payment of training serv-5

ices— 6

‘‘(I) provided to adults under 7

paragraph (3)(F)(iii); and 8

‘‘(II) provided to adults and dis-9

located workers under paragraph 10

(3)(G)(ii); and 11

‘‘(ii) for the payment of training serv-12

ices under paragraph (2)(A) of section 13

414(c) of the American Competitiveness 14

and Workforce Improvement Act of 1998 15

(29 U.S.C. 3224a(c)) after funds allocated 16

to such local area under paragraph (1) of 17

such section 414(c) have been exhausted.’’; 18

and 19

(D) in subparagraph (C), as so redesig-20

nated, by striking ‘‘and (ii)’’ and inserting ‘‘, 21

(ii), and (iv)’’. 22

(2) C

AREER SERVICES

.—Section 134(c)(2) of 23

the Workforce Innovation and Opportunity Act (29 24

U.S.C. 3174(c)(2)) is amended— 25

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(A) by redesignating subparagraphs (A) 1

through (C) as subparagraphs (B) through (D), 2

respectively; 3

(B) by inserting before subparagraph (B), 4

as so redesignated, the following: 5

‘‘(A) B

ASIC CAREER SERVICES

.—The one- 6

stop delivery system shall coordinate with the 7

Employment Service established under the 8

Wagner-Peyser Act to provide basic career serv-9

ices, which shall be available to individuals who 10

are adults or dislocated workers through the 11

one-stop delivery system, in an integrated man-12

ner to streamline access to assistance for such 13

individuals and reduce duplication of effort, and 14

may use funds allocated under paragraph 15

(1)(A) for a fiscal year to provide such services 16

if no funds remain available under Wagner- 17

Peyser Act for such fiscal year for the local 18

area in which the one-stop delivery system is lo-19

cated to provide such services, which shall, at a 20

minimum, include— 21

‘‘(i) provision of workforce and labor 22

market employment statistics information, 23

including the provision of accurate (and, to 24

the extent practicable, real-time) informa-25

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tion relating to local, regional, and na-1

tional labor market areas, including— 2

‘‘(I) job vacancy listings in such 3

labor market areas; 4

‘‘(II) information on job skills 5

necessary to obtain the jobs described 6

in subclause (I); and 7

‘‘(III) information relating to 8

local occupations in demand (which 9

may include entrepreneurship oppor-10

tunities), and the earnings, skill re-11

quirements, and opportunities for ad-12

vancement for such occupations; 13

‘‘(ii) labor exchange services, includ-14

ing job search and placement assistance 15

and, in appropriate cases, career coun-16

seling, including 17

‘‘(I) provision of information on 18

in-demand industry sectors and occu-19

pations; 20

‘‘(II) provision of information on 21

nontraditional employment; and 22

‘‘(III) provision of information on 23

entrepreneurship, as appropriate; 24

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‘‘(iii)(I) provision of information, in 1

formats that are usable by and under-2

standable to one-stop center customers, re-3

lating to the availability of supportive serv-4

ices or assistance, including child care, 5

child support, medical or child health as-6

sistance under title XIX or XXI of the So-7

cial Security Act (42 U.S.C. 1396 et seq. 8

and 1397aa et seq.), benefits under the 9

supplemental nutrition assistance program 10

established under the Food and Nutrition 11

Act of 2008 (7 U.S.C. 2011 et seq.), as-12

sistance through the earned income tax 13

credit under section 32 of the Internal 14

Revenue Code of 1986, and assistance 15

under a State program for temporary as-16

sistance for needy families funded under 17

part A of title IV of the Social Security 18

Act (42 U.S.C. 601 et seq.) and other sup-19

portive services and transportation pro-20

vided through funds made available under 21

such part, available in the local area; and 22

‘‘(II) referral to the services or assist-23

ance described in subclause (I), as appro-24

priate; 25

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‘‘(iv) provision of information and as-1

sistance regarding filing claims for unem-2

ployment compensation; and 3

‘‘(v) assistance in establishing eligi-4

bility for programs of financial aid assist-5

ance for training and education programs 6

that are not funded under this Act.’’; 7

nated— 9

(i) in the heading, by striking ‘‘C

-10

REER

’’ inserting ‘‘I

NDIVIDUALIZED CA

-11

REER

’’; 12

(ii) by inserting ‘‘individualized’’ be-13

fore ‘‘career services’’; 14

(iii) by inserting ‘‘shall, to the extent 15

practicable, be evidence-based,’’ before 16

‘‘and shall’’; 17

(iv) in clause (iii), by inserting ‘‘, and 18

a determination (considering factors in-19

cluding prior work experience, military 20

service, education, and in-demand industry 21

sectors and occupations in the local area) 22

of whether such an individual would ben-23

efit from a competency-based assessment 24

developed or identified by the State pursu-25

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ant to subsection (a)(2)(B)(vii) to accel-1

erate the time to obtaining employment 2

that leads to economic self-sufficiency or 3

career advancement’’ before the semi-colon 4

at the end; 5

(v) by striking clauses (iv), (vi), (ix), 6

(x), and (xi); 7

(vi) by redesignating clauses (v), (vii), 8

(viii), (xii), and (xiii) as clauses (iv), (v), 9

(vi), (vii), and (viii), respectively; 10

(vii) in clause (v), as so redesignated, 11

by inserting ‘‘and credential’’ after ‘‘by 12

program’’; and 13

(viii) in clause (vii)(I)(aa), as so re-14

designated, by inserting ‘‘, including a 15

competency-based assessment developed or 16

identified by the State pursuant to sub-17

section (a)(2)(B)(vii)’’ after ‘‘tools’’; 18

(D) by amending subparagraph (C), as so 19

redesignated, to read as follows: 20

‘‘(C) U

SE OF PREVIOUS ASSESSMENTS

.—A 21

one-stop operator or one-stop partner shall not 22

be required to conduct a new interview, evalua-23

tion, or assessment of a participant under sub-24

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paragraph (B)(vii) if the one-stop operator or 1

one-stop partner determines that— 2

‘‘(i) it is appropriate to use a recent 3

interview, evaluation, or assessment of the 4

participant conducted pursuant to another 5

education or training program; and 6

‘‘(ii) using such recent interview, eval-7

uation, or assessment will accelerate an eli-8

gibility determination.’’; and 9

(E) in subparagraph (D), as so redesig-10

nated— 11

(i) by inserting ‘‘individualized’’ be-12

fore ‘‘career’’; and 13

(ii) in clause (ii), by inserting ‘‘, li-14

braries, and community-based organiza-15

tions’’ after ‘‘nonprofit service providers’’. 16

(3) T

RAINING SERVICES

.—Section 134(c)(3) of 17

the Workforce Innovation and Opportunity Act (29 18

U.S.C. 3174(c)(3)) is amended— 19

(A) in subparagraph (A)— 20

(i) in clause (i), in the matter pre-21

ceding subclause (I), by striking ‘‘clause 22

(ii)’’ and inserting ‘‘clause (ii) or (iii)’’; 23

(ii) in clause (i)(II)— 24

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(I) by striking ‘‘or in’’ and in-1

serting ‘‘in’’; and 2

(II) by inserting ‘‘, or that may 3

be performed remotely’’ after ‘‘relo-4

cate’’; 5

(iii) by redesignating clause (iii) as 6

clause (iv); 7

(iv) by inserting after clause (ii) the 8

following: 9

‘‘(iii) E

MPLOYER REFERRAL

.— 10

‘‘(I) I

N GENERAL

.—A one-stop 11

operator or one-stop partner shall not 12

be required to conduct an interview, 13

evaluation, or assessment of an indi-14

vidual under clause (i)(I) if such indi-15

vidual— 16

‘‘(aa) is referred by an em-17

ployer to receive on-the-job train-18

ing or employer-directed skills de-19

velopment in connection with 20

that employer; and 21

‘‘(bb) has been certified by 22

the employer as being in need of 23

training services to obtain unsub-24

sidized employment with such 25

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employer and having the skills 1

and qualifications to successfully 2

participate in the selected pro-3

gram of training services. 4

‘‘(II) P

RIORITY

.—A one-stop op-5

erator or one-stop partner shall follow 6

the priority described in subparagraph 7

(E) to determine whether an indi-8

vidual that meets the requirements of 9

subclause (I) of this clause is eligible 10

to receive training services.’’; and 11

(v) by adding at the end the following: 12

‘‘(v) A

DULT EDUCATION AND FAMILY

LITERACY ACTIVITIES

.—In the case of an 14

individual who is determined to not have 15

the skills and qualifications to successfully 16

participate in the selected program of 17

training services under clause (i)(I)(cc), 18

the one-stop operator or one-stop partner 19

shall refer such individual to adult edu-20

cation and literacy activities under title II, 21

including for co-enrollment in such activi-22

ties, as appropriate.’’; 23

(B) in subparagraph (B)— 24

(i) in clause (i)— 25

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(I) in subclause (I), by striking 1

‘‘other grant assistance for such serv-2

ices, including’’ and inserting ‘‘assist-3

ance for such services under’’; and 4

(II) by striking ‘‘under other 5

grant assistance programs, including’’ 6

and inserting ‘‘under’’; and 7

(ii) by adding at the end the fol-8

lowing: 9

‘‘(iv) P

ARTICIPATION DURING ELIGI

-10

BILITY DETERMINATION

.—An individual 11

may participate in a program of training 12

services during the period which such indi-13

vidual’s eligibility for training services 14

under clause (i) is being determined, ex-15

cept that the provider of such a program 16

shall only receive reimbursement under 17

this Act for the individual’s participation 18

during such period if such individual is de-19

termined to be eligible under clause (i).’’; 20

‘‘customized training’’ and inserting ‘‘employer- 22

directed skills development’’; 23

(D) in subparagraph (G)(ii)— 24

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(i) in subclause (II), by striking ‘‘cus-1

tomized training’’ and inserting ‘‘employer- 2

directed skills development’’; and 3

(ii) in subclause (IV), by striking ‘‘is 4

a’’ and inserting ‘‘is an evidence-based’’; 5

(E) in subparagraph (H)(ii)— 6

(i) in subclause (I), by inserting ‘‘, 7

such as the extent to which participants 8

are individuals with barriers to employ-9

ment’’ after ‘‘participants’’; and 10

(ii) in subclause (III), by inserting ‘‘, 11

including whether the skills a participant 12

will obtain are transferable to other em-13

ployers, occupations, or industries in the 14

local area or the State’’ after ‘‘opportuni-15

ties’’; and 16

(F) by adding at the end the following: 17

‘‘(I) E

MPLOYER

DIRECTED SKILLS DEVEL

-18

OPMENT

.—An employer may receive a contract 19

from a local board to provide employer-directed 20

skills development to a participant or group of 21

participants if the employer submits to the local 22

board an agreement that establishes— 23

‘‘(i) the provider of the skills develop-24

ment program, which may be the employer; 25

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‘‘(ii) the length of the skills develop-1

ment program; 2

‘‘(iii) the recognized postsecondary 3

credentials that will be awarded to, or the 4

occupational skills that will be gained by, 5

program participants; 6

‘‘(iv) the cost of the skills development 7

program; 8

‘‘(v) the amount of such cost that will 9

be paid by the employer, which shall not be 10

less than the amount specified in section 11

3(14)(C); and 12

‘‘(vi) a commitment by the employer 13

to employ the participating individual or 14

individuals upon successful completion of 15

the program.’’. 16

USINESS

ERVICES

.—Section 134(c) of the 17

Workforce Innovation and Opportunity Act (29 U.S.C. 18

3174(c)) is further amended— 19

(1) in paragraph (1)(A)(iv), by inserting ‘‘pro-20

vide business services described in paragraph (4) 21

and’’ before ‘‘establish’’; and 22

(2) by adding at the end the following: 23

‘‘(4) B

USINESS SERVICES

.—Funds described in 24

paragraph (1) shall be used to provide appropriate 25

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recruitment and other business services and strate-1

gies on behalf of employers, including small employ-2

ers, that meet the workforce investment needs of 3

area employers, as determined by the local board 4

and consistent with the local plan under section 108, 5

which services— 6

‘‘(A) may be provided through effective 7

business intermediaries working in conjunction 8

with the local board, and may also be provided 9

on a fee-for-service basis or through the 10

leveraging of economic development, philan-11

thropic, and other public and private resources 12

in a manner determined appropriate by the 13

local board; and 14

‘‘(B) may include one or more of the fol-15

lowing: 16

‘‘(i) Developing and implementing in-17

dustry sector strategies (including strate-18

gies involving industry partnerships, re-19

gional skills alliances, industry skill panels, 20

and sectoral skills partnerships). 21

‘‘(ii) Developing and delivering inno-22

vative workforce investment services and 23

strategies for area employers, which may 24

include career pathways, skills upgrading, 25

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skill standard development and certifi-1

cation for recognized postsecondary creden-2

tial or other employer use, apprenticeship, 3

and other effective initiatives for meeting 4

the workforce investment needs of area 5

employers and workers. 6

‘‘(iii) Assistance to area employers in 7

managing reductions in force in coordina-8

tion with rapid response activities provided 9

under subsection (a)(2)(A) and developing 10

strategies for the aversion of layoffs, which 11

strategies may include early identification 12

of firms at risk of layoffs, use of feasibility 13

studies to assess the needs of and options 14

for at-risk firms, and the delivery of em-15

ployment and training activities to address 16

risk factors. 17

‘‘(iv) The marketing of business serv-18

ices offered under this title to appropriate 19

area employers, including small and mid- 20

sized employers. 21

‘‘(v) Technical assistance or other 22

support to employers seeking to implement 23

skills-based hiring practices, which may in-24

clude technical assistance on the use and 25

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validation of employment assessments, in-1

cluding competency-based assessments de-2

veloped or identified by the State pursuant 3

to paragraph (2)(B)(vii), and support in 4

the creation of skills-based job descrip-5

tions. 6

‘‘(vi) Other services described in this 7

subsection, including providing information 8

and referral to microenterprise services, as 9

appropriate, and specialized business serv-10

ices not traditionally offered through the 11

one-stop delivery system.’’. 12

(d) P

ERMISSIBLE

OCAL

MPLOYMENT AND

RAIN

-13

ING

CTIVITIES

.— 14

(1) A

CTIVITIES

.—Section 134(d)(1)(A) of the 15

Workforce Innovation and Opportunity Act (29 16

U.S.C. 3174(d)(1)(A)) is amended— 17

(A) by amending clause (iii) to read as fol-18

lows: 19

‘‘(iii) implementation of a pay-for-per-20

formance contract strategy for training 21

services, for which the local board may re-22

serve and use not more than 40 percent of 23

the total funds allocated to the local area 24

under paragraph (2) or (3) of section 25

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133(b), except that after 2 fiscal years of 1

a local board implementing such pay-for- 2

performance contract strategy, the local 3

board may request approval from the Gov-4

ernor to reserve and use not more than 60 5

percent of the total funds allocated to the 6

local area under paragraph (2) or (3) of 7

section 133(b) for such strategy for the 8

following fiscal year if the local board can 9

demonstrate to the Governor the perform-10

ance improvements achieved through the 11

use of such strategy;’’; 12

(B) in clause (vii)— 13

(i) in subclause (II), by striking 14

‘‘and’’ at the end; 15

(ii) in subclause (III), by inserting 16

‘‘and’’ at the end; and 17

(iii) by adding at the end the fol-18

lowing: 19

‘‘(IV) to strengthen, through pro-20

fessional development activities, the 21

knowledge and capacity of staff to use 22

the latest digital technologies, tools, 23

and strategies to deliver high quality 24

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services and outcomes for jobseekers, 1

workers, and employers;’’; 2

(i) in item (cc), by striking ‘‘and’’ at 4

the end; 5

(ii) in item (dd), by inserting ‘‘and’’ 6

at the end; and 7

(iii) by adding at the end the fol-8

lowing: 9

‘‘(ee) technical assistance or 10

other support to employers seek-11

ing to implement skills-based hir-12

ing practices, which may include 13

technical assistance on the use 14

and validation of employment as-15

sessments, including competency- 16

based assessments developed or 17

identified by the State pursuant 18

to paragraph (2)(B)(vii), and 19

support in the creation of skills- 20

based job descriptions;’’; 21

(D) in clause (xi), by striking ‘‘and’’ at the 22

end; 23

(E) in clause (xii), by striking the period 24

at the end and inserting a semicolon; and 25

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(F) by adding at the end the following: 1

‘‘(xiii) the use of competency-based 2

assessments for individuals upon initial as-3

sessment of skills (pursuant to subsection 4

(c)(2)(A)(iii)) or completion of training 5

services or other learning experiences; and 6

‘‘(xiv) the development of partnerships 7

between educational institutions (including 8

area career and technical education 9

schools, local educational agencies, and in-10

stitutions of higher education) and employ-11

ers to create or improve workforce develop-12

ment programs to address the identified 13

education and skill needs of the workforce 14

and the employment needs of employers in 15

a region, as determined based on the most 16

recent analysis conducted by the local 17

board under section 107(d)(2).’’. 18

(2) I

NCUMBENT WORKER TRAINING PRO

-19

GRAMS

.— 20

(A) I

N GENERAL

.—Section 134(d)(4)(A) of 21

the Workforce Innovation and Opportunity Act 22

(29 U.S.C. 3174(d)(4)(A)) is amended— 23

(i) in clause (i), by striking ‘‘20’’ and 24

inserting ‘‘30’’; 25

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(ii) by redesignating clauses (ii) and 1

(iii) as clauses (iii) and (iv), respectively; 2

and 3

(iii) by inserting after clause (i) the 4

following: 5

‘‘(ii) I

NCREASE IN RESERVATION OF

FUNDS

.—Notwithstanding clause (i)— 7

‘‘(I) with respect to a local area 8

that had a rate of unemployment of 9

not more than 3 percent for not less 10

than 6 months during the preceding 11

program year, clause (i) shall be ap-12

plied by substituting ‘40 percent’ for 13

‘30 percent’; or 14

‘‘(II) with respect to a local area 15

that meets the requirement in sub-16

clause (I) and is located in a State 17

that had a labor force participation 18

rate of not less than 68 percent for 19

not less than 6 months during the 20

preceding program year, clause (i) 21

shall be applied by substituting ‘45 22

percent’ for ‘30 percent’.’’. 23

(B) I

NCUMBENT WORKER UPSKILLING AC

-24

COUNTS

.—Section 134(d)(4) of the Workforce 25

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Innovation and Opportunity Act (29 U.S.C. 1

3174(d)(4)) is further amended by adding at 2

the end the following: 3

‘‘(E) I

NCUMBENT WORKER UPSKILLING

ACCOUNTS

.— 5

‘‘(i) I

N GENERAL

.—To establish in-6

cumbent worker upskilling accounts 7

through which an eligible provider of train-8

ing services under section 122 may be paid 9

for the program of training services pro-10

vided to an incumbent worker, a local 11

board— 12

‘‘(I) may use up to 5 percent of 13

the funds reserved by the local area 14

under subparagraph (A)(i) or, if the 15

local area reserved funds under sub-16

paragraph (A)(ii), up to 10 percent of 17

such reserved funds; and 18

‘‘(II) may use funds reserved 19

under section 134(a)(2)(A) for state-20

wide rapid response activities and pro-21

vided by the State to local area to es-22

tablish such accounts. 23

‘‘(ii) E

LIGIBILITY

.— 24

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‘‘(I) I

N GENERAL

.—Subject to 1

subclause (II), a local board that 2

seeks to establish incumbent worker 3

upskilling accounts under clause (i) 4

shall establish criteria for determining 5

the eligibility of an incumbent worker 6

to receive such an account, which 7

shall take into account factors of— 8

‘‘(aa) the wages of the in-9

cumbent worker as of the date of 10

determining such worker’s eligi-11

bility under this clause; 12

‘‘(bb) the career advance-13

ment opportunities for the in-14

cumbent worker in the occupa-15

tion of such worker as of such 16

date; and 17

‘‘(cc) the ability of the in-18

cumbent worker to, upon comple-19

tion of the program of training 20

services selected by such worker, 21

secure employment in an in-de-22

mand industry or occupation in 23

the local area that will lead to 24

economic self-sufficiency and 25

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wages higher than the current 1

wages of the incumbent worker. 2

‘‘(II) L

IMITATION

.— 3

‘‘(aa) I

N GENERAL

.—An in-4

cumbent worker described in item 5

(bb) shall be ineligible to receive 6

an incumbent worker upskilling 7

account under this subparagraph. 8

‘‘(bb) I

NELIGIBILITY

.—Item 9

(aa) shall apply to an incumbent 10

worker— 11

‘‘(AA) whose total an-12

nual wages for the most re-13

cent year are greater than 14

the median household in-15

come of the State; or 16

‘‘(BB) who has earned 17

a baccalaureate or profes-18

sional degree. 19

‘‘(iii) C

OST SHARING FOR CERTAIN IN

-20

CUMBENT WORKERS

.—With respect to an 21

incumbent worker determined to be eligible 22

to receive an incumbent worker upskilling 23

account who is not a low-income indi-24

vidual— 25

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‘‘(I) such incumbent worker shall 1

pay not less than 25 percent of the 2

cost of the program of training serv-3

ices selected by such worker; and 4

‘‘(II) funds provided through the 5

incumbent worker upskilling account 6

established for such worker shall cover 7

the remaining 75 percent of the cost 8

of the program.’’. 9

CHAPTER 4—AUTHORIZATION OF 10

APPROPRIATIONS 11

SEC. 145. AUTHORIZATION OF APPROPRIATIONS. 12

Section 136 of the Workforce Innovation and Oppor-13

tunity Act (29 U.S.C. 3181) is amended to read as follows: 14

‘‘SEC. 136. AUTHORIZATION OF APPROPRIATIONS. 15

‘‘(a) Y

OUTH

ORKFORCE

NVESTMENT

CTIVI

-16

TIES

.—There are authorized to be appropriated to carry 17

out the activities described in section 127(a) 18

$976,573,900 for each of the fiscal years 2025 through 19

2030. 20

‘‘(b) A

DULT

MPLOYMENT AND

RAINING

CTIVI

-21

TIES

.—There are authorized to be appropriated to carry 22

out the activities described in section 132(a)(1) 23

$912,218,500 for each of the fiscal years 2025 through 24

2030. 25

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‘‘(c) D

ISLOCATED

ORKER

MPLOYMENT AND

RAINING

CTIVITIES

.—There are authorized to be ap-2

propriated to carry out the activities described in section 3

132(a)(2) $1,451,859,000 for each of the fiscal years 4

2025 through 2030.’’. 5

Subtitle D—Job Corps 6

SEC. 151. PURPOSES. 7

Section 141 of the Workforce Innovation and Oppor-8

tunity Act (29 U.S.C. 3191) is amended by striking ‘‘cen-9

ters’’ each place it appears and inserting ‘‘campuses’’. 10

SEC. 152. DEFINITIONS. 11

Section 142 of the Workforce Innovation and Oppor-12

tunity Act (29 U.S.C. 3192) is amended— 13

(1) in paragraphs (1), (7), (8), and (10), by 14

striking ‘‘center’’ each place it appears and inserting 15

‘‘campus’’; and 16

(2) in paragraph (7), by striking ‘‘center’’ in 17

the header and inserting ‘‘campus’’. 18

SEC. 153. INDIVIDUALS ELIGIBLE FOR THE JOB CORPS. 19

Section 144 of the Workforce Innovation and Oppor-20

tunity Act (29 U.S.C. 3194) is amended— 21

(1) in subsection (a)— 22

(A) in paragraph (1)— 23

(i) by striking ‘‘21’’ and inserting 24

‘‘24’’; 25

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(ii) by amending subparagraph (A) to 1

read as follows: 2

‘‘(A) an individual who is age 16 or 17 3

shall be eligible only upon an individual deter-4

mination by the director of a Job Corps campus 5

that such individual meets the criteria described 6

in subparagraph (A) or (B) of section 7

145(b)(1); and’’; and 8

(iii) in subparagraph (B), by striking 9

‘‘either’’; and 10

(B) in paragraph (2), by inserting after 11

‘‘individual’’ the following: ‘‘or a resident of a 12

qualified opportunity zone as defined in section 13

1400Z–1(a) of the Internal Revenue Code of 14

1986’’; 15

(2) in subsection (b), by inserting after ‘‘a vet-16

eran’’ the following: ‘‘or a member of the Armed 17

Forces eligible for preseparation counseling of the 18

Transition Assistance Program under section 1142 19

of title 10, United States Code’’; and 20

(3) by inserting at the end the following: 21

‘‘(c) S

PECIAL

ULE FOR

OMELESS AND

OSTER

OUTH

.—In determining whether an individual is eligible 23

to enroll for services under this subtitle on the basis of 24

being an individual who is a homeless child or youth, or 25

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a youth in foster care, as described in subsection 1

(a)(3)(C), staff shall— 2

‘‘(1) if determining whether the individual is a 3

homeless child or youth, use a process that is in 4

compliance with the requirements of subsection (a) 5

of section 479D of the Higher Education Act of 6

1965, as added by section 702(l) of the FAFSA 7

Simplification Act (Public Law 116–260), for finan-8

cial aid administrators; and 9

‘‘(2) if determining whether the individual is a 10

youth in foster care, use a process that is in compli-11

ance with the requirements of subsection (b) of such 12

section 479D of the Higher Education Act of 1965, 13

as added by section 702(l) of the FAFSA Simplifica-14

tion Act (Public Law 116–260), for financial aid ad-15

ministrators.’’. 16

SEC. 154. RECRUITMENT, SCREENING, SELECTION, AND AS-17

SIGNMENT OF ENROLLEES. 18

Section 145 of the Workforce Innovation and Oppor-19

tunity Act (29 U.S.C. 3195) is amended— 20

(1) in subsection (a)— 21

(A) in paragraph (2)— 22

(i) by amending paragraph (A) to 23

read as follows: 24

‘‘(A) prescribe procedures for— 25

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‘‘(i) administering drug tests to en-1

rollees; and 2

‘‘(ii) informing such enrollees that 3

drug tests will be administered;’’; 4

(ii) in subparagraph (D), by striking 5

‘‘and’’; 6

(iii) in subparagraph (E), by striking 7

the period and inserting ‘‘; and’’; and 8

(iv) by adding at the end the fol-9

lowing: 10

‘‘(F) assist applicable one-stop centers and 11

other entities identified in paragraph (3) in de-12

veloping joint applications for Job Corps, 13

YouthBuild, and the youth activities described 14

in section 129.’’; and 15

(B) by adding at the end the following: 16

‘‘(6) D

RUG TEST PROCEDURES

.—The proce-17

dures prescribed under paragraph (2)(A)(i) shall re-18

quire that— 19

‘‘(A) each enrollee take a drug test not 20

more than 48 hours after such enrollee arrives 21

on campus; 22

‘‘(B) if the result of the drug test taken by 23

an enrollee pursuant to subparagraph (A) is 24

positive, the enrollee take a subsequent drug 25

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test at the earliest appropriate time (consid-1

ering the substance and potency levels identified 2

in the initial test) to determine if the enrollee 3

has continued to use drugs since arriving on 4

campus, the results of which must be received 5

not later than 50 days after the enrollee arrived 6

on campus; and 7

‘‘(C) if the result of the subsequent test 8

administered under subparagraph (B) is posi-9

tive, the enrollee be terminated from the pro-10

gram and referred to a substance use disorder 11

treatment program.’’; and 12

(2) in subsections (b), (c), and (d)— 13

(A) by striking ‘‘center’’ each place it ap-14

pears and inserting ‘‘campus’’; and 15

(B) by striking ‘‘centers’’ each place it ap-16

pears and inserting ‘‘campus’’. 17

SEC. 155. JOB CORPS CAMPUSES. 18

Section 147 of the Workforce Innovation and Oppor-19

tunity Act (29 U.S.C. 3197) is amended— 20

(1) in the header, by striking ‘‘centers’’ and in-21

serting ‘‘campuses’’; 22

(2) in subsection (a)— 23

(A) in paragraph (1)— 24

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(i) by striking ‘‘center’’ each place it 1

appears and inserting ‘‘campus’’; and 2

(ii) in subparagraph (A), by inserting 3

after ‘‘technical education school,’’ the fol-4

lowing: ‘‘an institution of higher edu-5

cation,’’; 6

(B) in paragraph (2)— 7

(i) in subparagraph (A)— 8

(I) by striking ‘‘center’’ each 9

place it appears and inserting ‘‘cam-10

pus’’; and 11

(II) by inserting after ‘‘United 12

States Code,’’ the following: ‘‘and 13

paragraph (2)(C)(iii) of section 14

159(f),’’; and 15

(ii) in subparagraph (B)— 16

(I) in clause (i)— 17

(aa) by striking ‘‘operate a 18

Job Corps center’’ and inserting 19

‘‘operate a Job Corps campus’’; 20

(bb) by striking subclause 21

(IV); 22

(cc) by redesignating sub-23

clauses (I), (II), and (III), as 24

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subclauses (III), (IV), and (V), 1

respectively; 2

(dd) by inserting before sub-3

clause (III), as so redesignated, 4

the following: 5

‘‘(I)(aa) in the case of an entity 6

that has previously operated a Job 7

Corps campus, a numeric metric of 8

the past achievement on the primary 9

indicators of performance for eligible 10

youth described in section 11

116(b)(2)(A)(ii); or 12

‘‘(bb) in the case of an entity 13

that has not previously operated a Job 14

Corps campus, an alternative numeric 15

metric on the past effectiveness of the 16

entity in successfully assisting at-risk 17

youth to connect to the labor force, 18

based on such primary indicators of 19

performance for eligible youth; and 20

‘‘(II) in the case of an entity that 21

has previously operated a Job Corps 22

campus, any information regarding 23

the entity included in any report de-24

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veloped by the Office of Inspector 1

General of the Department of Labor’’; 2

(ee) in subclauses (III) and 3

(IV), as so redesignated, by strik-4

ing ‘‘center’’ each place it ap-5

pears and inserting ‘‘campus’’; 6

(ff) in subclause (V), as so 7

redesignated, by striking ‘‘center 8

is located’’ and inserting ‘‘cam-9

pus is located, including agree-10

ments to provide off-campus 11

work-based learning opportunities 12

aligned with the career and tech-13

nical education provided to en-14

rollees’’; and 15

(gg) by amending clause 16

(VI) to read as follows: 17

‘‘(VI) the ability of the entity to 18

implement an effective behavior man-19

agement plan, as described in section 20

152(a), and maintain a safe and se-21

cure learning environment for enroll-22

ees.’’; and 23

(II) in clause (ii), by striking 24

‘‘center’’ and inserting ‘‘campus’’; and 25

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(i) by striking ‘‘center’’ each place it 2

appears and inserting ‘‘campus’’; 3

(ii) in subparagraph (D), by inserting 4

after ‘‘is located’’ the following: ‘‘, includ-5

ing agreements to provide off-campus 6

work-based learning opportunities aligned 7

with the career and technical education 8

provided to enrollees,’’; 9

(iii) by redesignating subparagraphs 10

(E), (F), (G), (H), (I), (J), and (K) as 11

subparagraphs (F), (G), (H), (I), (J). (K), 12

and (L), respectively; and 13

(iv) by inserting after subparagraph 14

(D) the following: 15

‘‘(E) A description of the policies that will 16

be implemented at the campus regarding secu-17

rity and access to campus facilities, including 18

procedures to report on and respond to criminal 19

actions and other emergencies occurring on 20

campus.’’; 21

(3) in subsection (b)— 22

(A) in the header, by striking ‘‘centers’’ 23

and inserting ‘‘campuses’’; 24

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(B) by striking ‘‘center’’ each place it ap-1

pears and inserting ‘‘campus’’; 2

pears and inserting ‘‘campuses’’; 4

(D) in paragraph (2)(A), by striking ‘‘20 5

percent’’ and inserting ‘‘25 percent’’; and 6

(E) by striking paragraph (3); 7

(4) in subsection (c)— 8

(A) by striking ‘‘centers’’ and inserting 9

‘‘campuses’’; and 10

(B) by striking ‘‘20 percent’’ and inserting 11

‘‘30 percent’’; 12

(5) in subsection (d) by striking ‘‘centers’’ each 13

place it appears and inserting ‘‘campuses’’; 14

(6) in subsection (e)(1), by striking ‘‘centers’’ 15

and inserting ‘‘campuses’’; 16

(7) in subsection (f), by striking ‘‘2-year pe-17

riod’’ and inserting ‘‘3-year period’’; and 18

(8) in subsection (g)— 19

(A) by striking ‘‘center’’ each place it ap-20

pears and inserting ‘‘campus’’; 21

(B) in paragraph (1)— 22

(i) by striking subparagraph (A); 23

(ii) by redesignating subparagraph 24

(B) as subparagraph (A); 25

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(iii) by amending subparagraph (A), 1

as so redesignated— 2

(I) by striking ‘‘50 percent’’ and 3

inserting ‘‘80 percent’’; and 4

(II) by striking the period at the 5

end and inserting ‘‘; or’’; and 6

(iv) by inserting after subparagraph 7

(A), as so redesignated and amended, the 8

following: 9

‘‘(B) failed to achieve an average of 80 10

percent of the level of enrollment that was 11

agreed to in the agreement described in sub-12

section (a)(1)(A).’’; 13

provide’’ and inserting ‘‘shall provide, at least 15

30 days prior to renewing the agreement’’; and 16

(D) in paragraph (4)— 17

(i) in subparagraph (C), by striking 18

‘‘and’’ after the semicolon; 19

(ii) by redesignating subparagraph 20

(D) as subparagraph (E); and 21

(iii) by inserting after subparagraph 22

‘‘(D) has maintained a safe and secure 24

campus environment; and’’. 25

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SEC. 156. PROGRAM ACTIVITIES. 1

Section 148 of the Workforce Innovation and Oppor-2

tunity Act (29 U.S.C. 3198) is amended— 3

(1) in subsection (a)— 4

(A) by striking ‘‘center’’ each place it ap-5

pears and inserting ‘‘campus’’; and 6

(B) in paragraph (1), by inserting before 7

the period at the end the following: ‘‘, and pro-8

ductive activities, such as tutoring or other 9

skills development opportunities, for residential 10

enrollees to participate in outside of regular 11

class time and work hours in order to increase 12

supervision of enrollees and reduce behavior in-13

fractions’’; and 14

(2) in subsection (c)— 15

(A) by striking ‘‘centers’’ each place it ap-16

pears and inserting ‘‘campuses’’; and 17

(B) in paragraph (1)— 18

(i) by striking ‘‘the eligible providers’’ 19

and inserting ‘‘any eligible provider’’; and 20

(ii) by inserting after ‘‘under section 21

122’’ the following: ‘‘that is aligned with 22

the career and technical education an en-23

rollee has completed’’. 24

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SEC. 157. SUPPORT. 1

Section 150 of the Workforce Innovation and Oppor-2

tunity Act (29 U.S.C. 3200) is amended— 3

(1) in subsection (a), by striking ‘‘centers’’ and 4

inserting ‘‘campuses’’; and 5

(2) by adding at the end the following: 6

‘‘(d) P

ERIOD OF

RANSITION

.—Notwithstanding the 7

requirements of section 146(b), a Job Corps graduate may 8

remain an enrollee and a resident of a Job Corps campus 9

for not more than one month after graduation as such 10

graduate transitions into independent living and employ-11

ment if such graduate— 12

‘‘(1) has not had a behavioral infraction in the 13

90 days prior to graduation; and 14

‘‘(2) receives written approval from the director 15

of the Job Corps campus to remain such a resi-16

dent.’’. 17

SEC. 158. OPERATIONS. 18

Section 151 of the Workforce Innovation and Oppor-19

tunity Act (29 U.S.C. 3201) is amended— 20

(1) by striking ‘‘center’’ each place it appears 21

and inserting ‘‘campus’’; and 22

(2) by adding at the end the following: 23

‘‘(d) L

OCAL

UTHORITY

.— 24

‘‘(1) I

N GENERAL

.—Subject to the limitations 25

of the budget approved by the Secretary for a Job 26

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Corps campus, the operator of a Job Corps campus 1

shall have the authority, without prior approval from 2

the Secretary, to— 3

‘‘(A) hire staff and provide staff profes-4

sional development; 5

‘‘(B) set terms and enter into agreements 6

with Federal, State, or local educational part-7

ners, such as secondary schools, institutions of 8

higher education, child development centers, 9

units of Junior Reserve Officer Training Corps 10

programs established under section 2031 of 11

title 10, United States Code, or employers; and 12

‘‘(C) engage with and educate stakeholders 13

about Job Corps operations and activities. 14

‘‘(2) L

IMITATION OF LIABILITY

.—In the case of 15

an agreement described in paragraph (1)(B) that 16

does not involve the Job Corps operator providing 17

monetary compensation to the entity involved in 18

such agreement from the funds made available 19

under this subtitle, such agreement shall not be con-20

sidered a subcontract (as defined in section 8701 of 21

title 41, United States Code). 22

‘‘(e) P

RIOR

OTICE

.—Prior to making a change to 23

the agreement described in section 147(a) or an operating 24

plan described in this section, the Secretary shall solicit 25

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from the operators of the Job Corps campuses information 1

on any operational costs the operators expect to result 2

from such change.’’. 3

SEC. 159. STANDARDS OF CONDUCT. 4

Section 152 of the Workforce Innovation and Oppor-5

tunity Act (29 U.S.C. 3202) is amended— 6

(1) by striking ‘‘centers’’ each place it appears 7

and inserting ‘‘campuses’’; 8

(2) in subsection (a), by inserting ‘‘As part of 9

the operating plan required under section 151(a), 10

the director of each Job Corps campus shall develop 11

and implement a behavior management plan con-12

sistent with the standards of conduct and subject to 13

the approval of the Secretary.’’ at the end; 14

(3) in subsection (b)(2)(A), by striking ‘‘or dis-15

ruptive’’; 16

(4) by amending subsection (c) to read as fol-17

lows: 18

‘‘(c) A

PPEAL

ROCESS

.— 19

‘‘(1) E

NROLLEE APPEALS

.—A disciplinary 20

measure taken by a director under this section shall 21

be subject to expeditious appeal in accordance with 22

procedures established by the Secretary. 23

‘‘(2) D

IRECTOR APPEALS

.— 24

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‘‘(A) I

N GENERAL

.—The Secretary shall 1

establish an appeals process under which the di-2

rector of a Job Corps campus may submit a re-3

quest that an enrollee who has engaged in an 4

activity which is a violation of the guidelines es-5

tablished pursuant to subsection (b)(2)(A) re-6

main enrolled in the program, but be subject to 7

other disciplinary actions. 8

‘‘(B) C

ONTENTS

.—An request under para-9

graph (A) shall include— 10

‘‘(i) a signed certification from the di-11

rector attesting that, to the belief of the di-12

rector, the continued enrollment of such 13

enrollee would not impact the safety or 14

learning environment of the campus; and 15

‘‘(ii) the behavioral records of such 16

enrollee. 17

‘‘(C) T

IMELINE

.—The Secretary shall re-18

view such appeal and either approve or deny the 19

appeal within 30 days of receiving such appeal. 20

‘‘(D) I

NELIGIBILITY FOR APPEAL

.—The 21

Secretary shall reject an appeal made by a di-22

rector of a Job Corps campus if such campus 23

has been found out of compliance with the re-24

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quirements under subsection (d) at any time 1

during the previous 5 years.’’; and 2

(5) by adding at the end the following: 3

‘‘(d) I

NCIDENT

EPORTING

.— 4

‘‘(1) I

N GENERAL

.—The Secretary shall require 5

that the director of a Job Corps campus report to 6

the appropriate regional office— 7

‘‘(A) not later than 2 hours after the cam-8

pus management becomes aware of the occur-9

rence of— 10

‘‘(i) an enrollee or on-duty staff death; 11

‘‘(ii) any incident— 12

‘‘(I) requiring law enforcement 13

involvement; 14

‘‘(II) involving a missing minor 15

student; or 16

‘‘(III) where substantial property 17

damage has occurred; or 18

‘‘(iii) a level 1 infraction; 19

‘‘(B) in the case of a level 2 infraction, on 20

a quarterly basis, including the number and 21

type of such infractions that occurred during 22

such time period; 23

‘‘(C) in the case of a minor infraction, as 24

determined necessary by the Secretary. 25

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‘‘(2) I

NFRACTIONS DEFINED

.—In this sub-1

section: 2

‘‘(A) L

EVEL 1 INFRACTION

.—The term 3

‘level 1 infraction’ means an activity described 4

in subsection (b)(2)(A). 5

‘‘(B) L

EVEL 2 INFRACTION

.—The term 6

‘level 2 infraction’ means an activity, other than 7

a level 1 infraction, determined by the Sec-8

retary to be a serious infraction. 9

‘‘(C) M

INOR INFRACTION

.—The term 10

‘minor infraction’ means an activity, other than 11

a level 1 or 2 infraction, determined by the Sec-12

retary to be an infraction. 13

‘‘(3) L

AW ENFORCEMENT AGREEMENTS

.—The 14

director of each Job Corps campus shall enter into 15

an agreement with the local law enforcement agency 16

with jurisdiction regarding procedures for the 17

prompt reporting and investigation of potentially il-18

legal activity on Job Corps campuses.’’. 19

SEC. 160. COMMUNITY PARTICIPATION. 20

Section 153 of the Workforce Innovation and Oppor-21

tunity Act (29 U.S.C. 3203) is amended— 22

(1) by striking ‘‘center’’ each place it appears 23

and inserting ‘‘campus’’; and 24

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(2) by striking ‘‘centers’’ each place it appears 1

and inserting ‘‘campuses’’. 2

SEC. 161. WORKFORCE COUNCILS. 3

Section 154 of the Workforce Innovation and Oppor-4

tunity Act (29 U.S.C. 3204) is amended— 5

(1) by striking ‘‘center’’ each place it appears 6

and inserting ‘‘campus’’; and 7

(2) in subsection (d), in the heading, by strik-8

ing ‘‘New centers’’ and inserting ‘‘New campuses’’. 9

SEC. 162. ADVISORY COMMITTEES. 10

Section 155 of the Workforce Innovation and Oppor-11

tunity Act (29 U.S.C. 3205) is amended— 12

(1) by striking ‘‘The Secretary’’ and inserting 13

‘‘(a) I

ENERAL

.—The Secretary’’; 14

(2) by striking ‘‘centers’’ and inserting ‘‘cam-15

puses’’; 16

(3) by striking ‘‘center’’ and inserting ‘‘cam-17

pus’’; and 18

(4) by adding at the end the following: 19

‘‘(b) A

DVISORY

OMMITTEE

MPROVE

ORPS

AFETY

.—Not later than 6 months after the date of en-21

actment of the A Stronger Workforce for America Act, 22

the Secretary shall establish an advisory committee to pro-23

vide recommendations on effective or evidence-based strat-24

egies to improve— 25

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‘‘(1) safety, security, and learning conditions on 1

Job Corps campuses; and 2

‘‘(2) the standards for campus safety estab-3

lished under section 159(c)(4).’’. 4

SEC. 163. EXPERIMENTAL PROJECTS AND TECHNICAL AS-5

SISTANCE. 6

Section 156 of the Workforce Innovation and Oppor-7

tunity Act (29 U.S.C. 3206) is amended— 8

(1) by striking ‘‘center’’ each place it appears 9

and inserting ‘‘campus’’; 10

(2) by striking ‘‘centers’’ each place it appears 11

and inserting ‘‘campuses’’; 12

(3) by redesignating subsection (b) as sub-13

section (c); 14

(4) by inserting the following after subsection 15

(a): 16

‘‘(b) J

ORPS

CHOLARS

.— 17

‘‘(1) I

N GENERAL

.—The Secretary may award 18

grants, on a competitive basis, to institutions of 19

higher education to enroll cohorts of Job Corps eligi-20

ble youth in Job Corps Scholars activities for a 24- 21

month period and pay the tuition and necessary 22

costs for enrollees for such period. 23

‘‘(2) A

CTIVITIES

.—Job Corps Scholar activities 24

shall include— 25

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‘‘(A) intensive counseling services and sup-1

portive services; 2

‘‘(B) a 12-month career and technical edu-3

cation component aligned with in-demand in-4

dustries and occupations in the State where the 5

institution of higher education that is receiving 6

the grant is located; and 7

‘‘(C) a 12-month employment placement 8

period that follows the component described in 9

subparagraph (B). 10

‘‘(3) P

ERFORMANCE DATA

.—The Secretary 11

shall collect performance information from institu-12

tions of higher education receiving grants under this 13

subsection on the primary indicators of performance 14

for eligible youth described in section 15

116(b)(2)(A)(ii), the cost per participant and cost 16

per graduate, and other information as necessary to 17

evaluate the success of Job Corps Scholars grantees 18

in improving outcomes for at-risk youth. 19

‘‘(4) E

VALUATION

.—At the end of each two 20

year-period for which the Secretary awards grants 21

under this subsection, the Secretary shall provide for 22

an independent, robust evaluation that compares— 23

‘‘(A) the outcomes achieved by Job Corps 24

Scholars participants with the outcomes 25

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achieved by other participants in the Job Corps 1

program during such 2-year period; and 2

‘‘(B) the costs of the Job Corps Scholars 3

programs with the costs of other Job Corps 4

programs during such 2-year period.’’; and 5

(5) in subsection (c)(1), as so redesignated, by 6

adding at the end the following: 7

‘‘(D) in the development and implementa-8

tion of a behavior management plan under sec-9

tion 152(a); and 10

‘‘(E) maintaining a safe and secure learn-11

ing environment; and’’. 12

SEC. 164. SPECIAL PROVISIONS. 13

Section 158 of the Workforce Innovation and Oppor-14

tunity Act (29 U.S.C. 3208) is amended— 15

(1) by striking ‘‘center’’ each place it appears 16

and inserting ‘‘campus’’; and 17

(2) in subsection (f)— 18

(A) by striking ‘‘may accept on behalf of 19

the Job Corps or individual Job Corps centers 20

charitable donations of cash’’ and inserting ‘‘, 21

on behalf of the Job Corps or Job Corps cam-22

pus operators, may accept grants, charitable do-23

nations of cash,’’; and 24

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(B) by inserting at the end the following: 1

‘‘Notwithstanding sections 501(b) and 522 of 2

title 40, United States Code, any property ac-3

quired by a Job Corps campus shall be directly 4

transferred, on a nonreimbursable basis, to the 5

Secretary.’’. 6

SEC. 165. MANAGEMENT INFORMATION. 7

(a) L

EVELS OF

ERFORMANCE

.—Section 159 of the 8

Workforce Innovation and Opportunity Act (29 U.S.C. 9

3209) is amended— 10

(1) by striking ‘‘center’’ each place it appears 11

and inserting ‘‘campus’’; 12

(2) in subsection (c)— 13

(A) in paragraph (1)— 14

(i) by striking ‘‘The Secretary’’ and 15

inserting the following: 16

‘‘(A) I

N GENERAL

.—The Secretary’’; 17

(ii) by inserting ‘‘that are ambitious 18

yet achievable and’’ after ‘‘program’’; and 19

(iii) by adding at the end the fol-20

lowing new subparagraphs: 21

‘‘(B) L

EVELS OF PERFORMANCE

.—In es-22

tablishing the expected performance levels 23

under subparagraph (A) for a Job Corps cam-24

pus, the Secretary shall take into account— 25

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‘‘(i) how the levels involved compare 1

with the recent performance of such cam-2

pus and the performance of other cam-3

puses within the same State or geographic 4

region; 5

‘‘(ii) the levels of performance set for 6

the primary indicators of performance for 7

eligible youth described in section 8

116(b)(2)(A)(ii) for the State in which the 9

campus is located; 10

‘‘(iii) the differences in actual eco-11

nomic conditions (including differences in 12

unemployment rates and job losses or 13

gains in particular industries) between the 14

local area of such campus and other local 15

areas with a campus; and 16

‘‘(iv) the extent to which the levels in-17

volved promote continuous improvement in 18

performance on the primary indicators of 19

performance by such campus and ensure 20

optimal return on the use of Federal 21

funds. 22

‘‘(C) P

ERFORMANCE PER CONTRACT

.—The 23

Secretary shall ensure the expected levels of 24

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performance are established in the relevant con-1

tract or agreement. 2

‘‘(D) R

EVISIONS BASED ON ECONOMIC

CONDITIONS AND INDIVIDUALS SERVED DURING

THE PROGRAM YEAR

.— 5

‘‘(i) I

N GENERAL

.—In the event of a 6

significant economic downturn, the Sec-7

retary may revise the applicable adjusted 8

levels of performance for each of the cam-9

puses for a program year to reflect the ac-10

tual economic conditions during such pro-11

gram year. 12

‘‘(ii) R

EPORT TO CONGRESS

.—Prior 13

to implementing the revisions described in 14

clause (i), the Secretary shall submit to the 15

Committee on Education and the Work-16

force of the House of Representatives and 17

the Committee on Health, Education, 18

Labor, and Pensions of the Senate a re-19

port explaining the reason for such revi-20

sions. 21

‘‘(E) R

EVIEW OF PERFORMANCE LEV

-22

ELS

.—The Office of Inspector General of the 23

Department of Labor shall, every 5 years, sub-24

mit to the Committee on Education and the 25

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Workforce of the House of Representatives and 1

the Committee on Health, Education, Labor, 2

and Pensions of the Senate, and publish in the 3

Federal Register and on a publicly available 4

website of the Department, a report con-5

taining— 6

‘‘(i) a quadrennial review of the ex-7

pected levels of performance; and 8

‘‘(ii) an evaluation of whether— 9

‘‘(I) the Secretary is establishing 10

such expected levels of performance in 11

good faith; and 12

‘‘(II) such expected levels have 13

led to continued improvement of the 14

Job Corps program.’’; 15

(B) by redesignating paragraph (4) as 16

paragraph (5); 17

following: 19

‘‘(4) C

AMPUS SAFETY

.— 20

‘‘(A) I

N GENERAL

.—The Secretary shall 21

establish campus and student safety standards. 22

A Job Corps campus failing to achieve such 23

standards shall be required to take the perform-24

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ance improvement actions described in sub-1

section (f). 2

‘‘(B) C

ONSIDERATIONS

.—In establishing 3

the campus and student safety standards under 4

subparagraph (A), the Secretary shall take into 5

account— 6

‘‘(i) incidents reported under section 7

152(d); 8

‘‘(ii) survey data from enrollees, fac-9

ulty and staff, and community members; 10

and 11

‘‘(iii) any other considerations identi-12

fied by the Secretary after reviewing the 13

recommendations of the advisory group de-14

scribed in section 155(b),’’; 15

(D) in paragraph (5), as so redesignated— 16

(i) in subparagraph (A), by striking 17

‘‘and’’ at the end; 18

(ii) in subparagraph (B), by striking 19

the period at the end and inserting a semi-20

colon; and 21

(iii) by adding at the end the fol-22

lowing: 23

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‘‘(C) the number of contracts that were 1

awarded a renewal compared to those eligible 2

for a renewal; 3

‘‘(D) the number of campuses where the 4

contract was awarded to a new operator; and 5

‘‘(E) the number of campuses that were 6

required to receive performance improvement, 7

as described under subsection (f)(2), including 8

whether any actions were taken as described in 9

subparagraphs (B) and (C) of such sub-10

section.’’; and 11

(E) by adding at the end the following: 12

‘‘(6) W

AGE RECORDS

.—The Secretary shall 13

make arrangements with a State or other appro-14

priate entity to facilitate the use of State wage 15

records to evaluate the performance of Job Corps 16

campuses on the employment and earnings indica-17

tors described in clause (i)(III) of paragraph (A) of 18

section 116(b)(2)(A) and subclauses (I) and (II) of 19

clause (ii) of such paragraph for the purposes of the 20

report required under paragraph (5).’’; 21

(3) in subsection (d)(1)— 22

(A) by inserting ‘‘and make available on 23

the website of the Department pertaining to the 24

Job Corps program in a manner that is con-25

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sumer-tested to ensure it is easily understood, 1

searchable, and navigable,’’ after ‘‘subsection 2

(c)(4),’’; 3

(B) in subparagraph (B), by striking ‘‘gen-4

der’’ and inserting ‘‘sex’’; 5

through (O) as subparagraphs (K) through (P), 7

respectively; and 8

(D) by inserting the following after sub-9

paragraph (I): 10

‘‘(J) the number of appeals under section 11

152(c) and a description of each appeal that 12

was approved;’’; and 13

(4) in subsection (g)(2), by striking ‘‘comply’’ 14

and inserting ‘‘attest to compliance’’. 15

(b) P

ERFORMANCE

SSESSMENTS AND

MPROVE

-16

MENTS

.—Section 159(f) of the Workforce Innovation and 17

Opportunity Act (29 U.S.C. 3209) is amended to read as 18

follows: 19

‘‘(f) P

ERFORMANCE

SSESSMENTS AND

MPROVE

-20

MENTS

.— 21

‘‘(1) A

SSESSMENTS

.—The Secretary shall con-22

duct an annual assessment of the performance of 23

each Job Corps campus on the primary indicators of 24

performance described in section 116(b)(2)(A)(ii), 25

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where each indicator shall be given equal weight in 1

determining the overall performance of the campus. 2

Based on the assessment, the Secretary shall take 3

measures to continuously improve the performance 4

of the Job Corps program. 5

‘‘(2) P

ERFORMANCE IMPROVEMENT

.— 6

‘‘(A) I

NITIAL FAILURE

.—With respect to a 7

Job Corps campus that fails to meet an average 8

of 90 percent on the expected levels of perform-9

ance across all the primary indicators of per-10

formance specified in subsection (c)(1) or is 11

ranked among the lowest 10 percent of Job 12

Corps campuses, the Secretary shall, after each 13

program year of such performance failure, de-14

velop and implement a performance improve-15

ment plan for such campus. Such a plan shall 16

require action to be taken during a 1-year pro-17

gram year period, which shall include providing 18

technical assistance to the campus. 19

‘‘(B) R

EPEAT FAILURE

.—With respect to 20

a Job Corps campus that, for two consecutive 21

program years, fails to meet an average of 85 22

percent on the expected levels of performance 23

across all the primary indicators of performance 24

or is ranked among the lowest 10 percent of 25

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Job Corps campuses, the Secretary shall take 1

substantial action to improve the performance 2

of such campus, which shall include— 3

‘‘(i) changing the management staff of 4

the campus; 5

‘‘(ii) changing the career and tech-6

nical education and training offered at the 7

campus; 8

‘‘(iii) replacing the operator of the 9

campus; or 10

‘‘(iv) reducing the capacity of the 11

campus. 12

‘‘(C) C

HRONIC FAILURE

.—With respect to 13

a Job Corps campus that, for the two consecu-14

tive program years immediately following the 15

Secretary taking substantial performance action 16

under subparagraph (B), fails to meet an aver-17

age of 85 percent on the expected levels of per-18

formance across all the primary indicators or is 19

ranked among the lowest 10 percent of Job 20

Corps campuses, the Secretary shall take fur-21

ther substantial action to improve the perform-22

ance of such campus, which shall include— 23

‘‘(i) relocating the campus; 24

‘‘(ii) closing the campus; or 25

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‘‘(iii) awarding funding directly to the 1

State in which the campus is located for 2

operation of the campus, and for which the 3

Secretary shall enter into a memorandum 4

of understanding with such State for pur-5

poses of operating the campus in its cur-6

rent location and may encourage innova-7

tion in such memorandum of under-8

standing by waiving any statutory or regu-9

latory requirement of this subtitle except 10

for those related to participant eligibility 11

under section 144, standards of conduct 12

under section 152, and performance re-13

porting and accountability under this sec-14

tion. 15

‘‘(3) A

DDITIONAL PERFORMANCE IMPROVE

-16

MENT

.—In addition to the performance improvement 17

plans required under paragraph (2), the Secretary 18

may develop and implement additional performance 19

improvement plans for a Job Corps campus that 20

fails to meet criteria established by the Secretary 21

other than the expected levels of performance de-22

scribed in subsection (c)(1). 23

‘‘(4) C

IVILIAN CONSERVATION CENTERS

.—With 24

respect to a Civilian Conservation Center that, for 3 25

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consecutive program years, fails to meet an average 1

of 90 percent of the expected levels of performance 2

across all the primary indicators of performance 3

specified in subsection (c)(1), the Secretary, in con-4

sultation with the Secretary of Agriculture, shall se-5

lect, on a competitive basis, an entity to operate the 6

Civilian Conservation Center in accordance with the 7

requirements of section 147.’’. 8

ONFORMING

MENDMENTS

.—Section 159 of the 9

Workforce Innovation and Opportunity Act (29 U.S.C. 10

3209) is further amended— 11

(1) by striking ‘‘center’’ each place it appears 12

and inserting ‘‘campus’’; 13

(2) by striking ‘‘centers’’ each place it appears 14

and inserting ‘‘campuses’’; and 15

(3) in subsection (g)(1), in the header, by strik-16

ing ‘‘Center’’ and inserting ‘‘Campus’’. 17

SEC. 166. JOB CORPS OVERSIGHT AND REPORTING. 18

Section 161 of the Workforce Innovation and Oppor-19

tunity Act (29 U.S.C. 3211) is amended— 20

(1) by redesignating subsection (d) as sub-21

section (e); and 22

(2) by inserting after subsection (c) the fol-23

lowing new subsection: 24

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‘‘(d) R

EPORT ON

MPLEMENTATION OF

-1

OMMENDATIONS

.—The Secretary shall, on an annual 2

basis, prepare and submit to the appropriate committees 3

a report regarding the implementation of all outstanding 4

recommendations from the Office of Inspector General of 5

the Department of Labor or the Government Account-6

ability Office.’’. 7

SEC. 167. AUTHORIZATION OF APPROPRIATIONS. 8

Section 162 of the Workforce Innovation and Oppor-9

tunity Act (29 U.S.C. 3212) is amended to read as follows: 10

‘‘SEC. 162. AUTHORIZATION OF APPROPRIATIONS. 11

‘‘There are authorized to be appropriated to carry out 12

this subtitle $1,760,155,000 for each of the fiscal years 13

2025 through 2030.’’. 14

Subtitle E—National Programs 15

SEC. 171. NATIVE AMERICAN PROGRAMS. 16

Section 166 of the Workforce Innovation and Oppor-17

tunity Act (29 U.S.C. 3221) is amended— 18

(1) in subsection (d)(1)— 19

(A) in subparagraph (A), by striking 20

‘‘and’’; 21

(B) in subparagraph (B), by striking the 22

period at the end and inserting ‘‘; and’’; and 23

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‘‘(C) are evidence-based, to the extent 1

practicable.’’; 2

(2) in subsection (d)(2)— 3

(A) by redesignating subparagraph (B) as 4

subparagraph (C); and 5

(B) by inserting after subparagraph (A) 6

the following: 7

‘‘(B) A

DMINISTRATIVE COSTS

.—Not more 8

than 10 percent of the funds provided to an en-9

tity under this section may be used for the ad-10

ministrative costs of the activities and services 11

carried out under subparagraph (A).’’; 12

(3) in subsection (h), by inserting after para-13

graph (2) the following: 14

‘‘(3) W

AGE RECORDS

.—The Secretary shall 15

make arrangements with a State or other appro-16

priate entity to facilitate the use of State wage 17

records to evaluate the performance of entities fund-18

ed under this section on the employment and earn-19

ings indicators described in subclause (I) through 20

(III) of section 116(b)(2)(A)(i) for the purposes of 21

the report required under paragraph (4). 22

‘‘(4) P

ERFORMANCE RESULTS

.—For each pro-23

gram year, the Secretary shall make available on a 24

publicly accessible website of the Department a re-25

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port on the performance, during such program year, 1

of entities funded under this section on— 2

‘‘(A) the primary indicators of performance 3

described in section 116(b)(2)(A); 4

‘‘(B) any additional indicators established 5

under paragraph (1)(A); and 6

‘‘(C) the adjusted levels of performance for 7

such entities as described in paragraph (2).’’; 8

(4) in subsection (i)— 9

(A) in paragraph (3)(A), by striking ‘‘and 10

judicial review.’’ and inserting ‘‘judicial review, 11

and performance accountability pertaining to 12

the primary indicators of performance described 13

in 116(b)(2)(A).’’; and 14

(B) in paragraph (4)— 15

(i) in subparagraph (B)— 16

(I) by striking ‘‘The Council’’ 17

and inserting the following: 18

‘‘(i) I

N GENERAL

.—The Council’’; and 19

(II) by inserting at the end the 20

following: 21

‘‘(ii) V

ACANCIES

.—An individual ap-22

pointed to fill a vacancy on the Council oc-23

curring before the expiration of the term 24

for which the predecessor of such indi-25

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vidual was appointed shall be appointed 1

only for the remainder of that term. Such 2

an individual may serve on the Council 3

after the expiration of such term until a 4

successor is appointed.’’; and 5

(5) by amending subsection (k)(2) to read as 6

follows: 7

‘‘(2) A

UTHORIZATION OF APPROPRIATIONS

.— 8

There are authorized to be appropriated to carry out 9

this subsection $542,000 for each of the fiscal years 10

2025 through 2030.’’. 11

SEC. 172. MIGRANT AND SEASONAL FARMWORKER PRO-12

GRAMS. 13

Section 167 of the Workforce Innovation and Oppor-14

tunity Act (29 U.S.C. 3222) is amended— 15

(1) in subsection (c), by adding at the end the 16

following: 17

‘‘(5) W

AGE RECORDS

.—The Secretary shall 18

make arrangements with a State or other appro-19

priate entity to facilitate the use of State wage 20

records to evaluate the performance of entities fund-21

ed under this section on the employment and earn-22

ings indicators described in subclause (I) through 23

(III) of section 116(b)(2)(A)(i) for the purposes of 24

the report required under paragraph (4). 25

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‘‘(6) P

ERFORMANCE RESULTS

.—For each pro-1

gram year, the Secretary shall make available on a 2

publicly accessible website of the Department a re-3

port on the performance, during such program year, 4

of entities funded under this section on— 5

‘‘(A) the primary indicators of performance 6

described in section 116(b)(2)(A); and 7

‘‘(B) the adjusted levels of performance for 8

such entities as described in paragraph (3).’’; 9

(2) by redesignating subsections (e), (f), (g), 10

(h), and (i) as subsections (f), (g), (h), (i), and (j), 11

respectively; 12

(3) by inserting after subsection (d) the fol-13

lowing: 14

‘‘(e) A

DMINISTRATIVE

OSTS

.—Not more than 10 15

percent of the funds provided to an entity under this sec-16

tion may be used for the administrative costs of the activi-17

ties and services carried out under subsection (d).’’; and 18

(4) in subsection (i), as so redesignated, to read 19

as follows: 20

‘‘(i) F

UNDING

LLOCATION

; F

UNDING

BLIGA

-21

TION

.— 22

‘‘(1) F

UNDING ALLOCATION

.—From the funds 23

appropriated and made available to carry out this 24

section, the Secretary shall reserve not more than 1 25

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percent for discretionary purposes, such as providing 1

technical assistance to eligible entities. 2

‘‘(2) F

UNDING OBLIGATION

.— 3

‘‘(A) I

N GENERAL

.—Funds appropriated 4

and made available to carry out this section for 5

any fiscal year may be obligated by the Sec-6

retary during the period beginning on April 1 7

of the calendar year that begins during such 8

fiscal year and ending on June 30 of the fol-9

lowing calendar year to be made available to an 10

entity described in subsection (b) for the period 11

described in subparagraph (B). 12

‘‘(B) O

BLIGATED AMOUNT

.—Funds made 13

available under this section for a fiscal year to 14

any entity described in subsection (b) may be 15

spent or reserved for spending by such entity 16

during the period beginning on July 1 of the 17

calendar year that begins during such fiscal 18

year, and ending on June 30 of the following 19

calendar year.’’. 20

SEC. 173. TECHNICAL ASSISTANCE. 21

(a) G

ENERAL

ECHNICAL

SSISTANCE

.—Section 22

168(a)(1) of the Workforce Innovation and Opportunity 23

Act (29 U.S.C. 3223(a)(1)) is amended— 24

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(1) by striking ‘‘appropriate training, technical 1

assistance, staff development’’ and inserting ‘‘appro-2

priate education, technical assistance, professional 3

development for staff’’; 4

(2) in subparagraphs (B), (C), and (D), by 5

striking ‘‘training’’ each place it appears and insert-6

ing ‘‘professional development’’; 7

(3) by redesignating subparagraphs (G) and 8

(H) as subparagraphs (J) and (K), respectively; and 9

(4) by inserting after paragraph (F) the fol-10

lowing: 11

‘‘(G) assistance to the one-stop delivery system 12

and the Employment Service established under the 13

Wagner-Peyser Act for the integration of basic ca-14

reer service activities pursuant to section 15

134(c)(2)(A); 16

‘‘(H) assistance to States with maintaining, and 17

making accessible to job seekers and employers, the 18

lists of eligible providers of training services required 19

under section 122; 20

‘‘(I) assistance to States that apply for such as-21

sistance under section 122(k) for the purposes de-22

scribed in such subsection;’’. 23

(b) P

ERFORMANCE

CCOUNTABILITY

ECHNICAL

SSISTANCE

.—Section 168(b) of the Workforce Innova-25

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tion and Opportunity Act (29 U.S.C. 3223(b)) is amend-1

ed— 2

(1) in the header, by striking ‘‘D

ISLOCATED

ORKER

’’ and inserting ‘‘P

ERFORMANCE

CCOUNT

-4

ABILITY

’’; and 5

(2) in paragraph (1), in the first sentence— 6

(A) by inserting ‘‘, pursuant to paragraphs 7

(1) and (2) of section 116(f),’’ after ‘‘technical 8

assistance’’; and 9

(B) by striking ‘‘with respect to employ-10

ment and training activities for dislocated work-11

ers’’ and inserting ‘‘with respect to the core 12

programs’’. 13

OMMUNITIES

MPACTED BY

PIOID

-14

ORDERS

.—Section 168 of the Workforce Innovation and 15

Opportunity Act (29 U.S.C. 3223) is further amended by 16

adding at the end the following: 17

‘‘(d) C

OMMUNITIES

MPACTED BY

PIOID

-18

ORDERS

.—The Secretary shall, as part of the activities de-19

scribed in subsection (c)(2), evaluate and disseminate to 20

States and local areas information regarding evidence- 21

based and promising practices for addressing the economic 22

workforce impacts associated with high-rates of opioid use 23

disorders, which information shall— 24

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‘‘(1) be updated annually to reflect the most re-1

cent and available research; and 2

‘‘(2) include information— 3

‘‘(A) shared by States and local areas re-4

garding effective practices for addressing such 5

impacts; and 6

‘‘(B) on how to apply for any funding that 7

may be available under section 170(b)(1)(E).’’. 8

SEC. 174. EVALUATIONS AND RESEARCH. 9

(a) I

ENERAL

.—Section 169 of the Workforce In-10

novation and Opportunity Act (29 U.S.C. 3224) is amend-11

ed— 12

(1) in subsection (a)— 13

(A) in paragraph (2)— 14

(i) in subparagraph (E), by inserting 15

‘‘and’’ at the end; 16

(ii) in subparagraph (F), by striking 17

‘‘; and’’ at the end and inserting a period; 18

and 19

(iii) by striking subparagraph (G); 20

(B) in paragraph (3)— 21

(i) by striking ‘‘The Secretary’’ and 22

inserting the following: 23

‘‘(A) I

N GENERAL

.—The Secretary’’; and 24

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(ii) by adding at the end the following 1

new subparagraph: 2

‘‘(B) L

IMITATION

.—The Secretary may 3

not use the authority described in subparagraph 4

(A) if the evaluations required under paragraph 5

(1) have not been initiated or completed in the 6

time period required.’’; and 7

and inserting ‘‘2028’’; and 9

(2) in subsection (b)— 10

(A) by amending paragraph (4) to read as 11

follows: 12

‘‘(4) S

TUDIES AND REPORTS

.— 13

‘‘(A) S

TUDY ON EMPLOYMENT CONDI

-14

TIONS

.—The Secretary, in coordination with 15

other heads of Federal agencies, as appropriate, 16

may conduct a study examining the nature of 17

participants’ unsubsidized employment after 18

exit from programs carried out under this Act, 19

including factors such as availability of paid 20

time off, health and retirement benefits, work-21

place safety standards, predictable and stable 22

work schedule, stackable credentials, and ad-23

vancement opportunities. 24

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‘‘(B) S

TUDY ON IMPROVING WORKFORCE

SERVICES FOR INDIVIDUALS WITH DISABIL

-2

ITIES

.—The Secretary of Labor, in coordination 3

with the Secretary of Education and the Sec-4

retary of Health and Human Services, may con-5

duct studies that analyze the access to services 6

by individuals with disabilities, including wheth-7

er an individual who is unable to receive serv-8

ices under title IV due to a wait list for such 9

services is able to receive services under titles I 10

through III. 11

‘‘(C) S

TUDY ON THE EFFECTIVENESS OF

PAY FOR PERFORMANCE

.—The Secretary shall, 13

not more than 4 years after the date of enact-14

ment of A Stronger Workforce for America Act, 15

conduct a study that compares the effectiveness 16

of the pay-for-performance strategies used 17

under sections 129, 134, and 172 after such 18

date of enactment to the awarding of grants 19

and contracts under such sections as in effect 20

on the day before the date of enactment of such 21

Act. 22

‘‘(D) S

TUDY ON INDIVIDUAL TRAINING AC

-23

COUNTS FOR DISLOCATED WORKERS

.—The Sec-24

retary shall, not more than 4 years after the 25

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date of enactment of the A Stronger Workforce 1

for America Act, conduct a study that compares 2

the usage of Individual Training Accounts for 3

dislocated workers after such date of enactment 4

to the usage of such accounts prior to such date 5

of enactment, including— 6

‘‘(i) the types of training services and 7

occupations targeted by dislocated workers 8

when using their Individual Training Ac-9

counts; and 10

‘‘(ii) the effectiveness of such skills 11

development. 12

‘‘(E) S

TUDY ON STATEWIDE CRITICAL IN

-13

DUSTRY SKILLS FUNDS

.—The Secretary shall, 14

not more than 4 years after the date of enact-15

ment of the A Stronger Workforce for America 16

Act, conduct a study that will review the usage 17

of statewide critical industry skills funds estab-18

lished by States under section 134(a)(4) and 19

identify, for purposes of measuring the overall 20

effectiveness of the program— 21

‘‘(i) the industries targeted by such 22

Funds; 23

‘‘(ii) the occupations workers are 24

being upskilled for; 25

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‘‘(iii) how frequently skills develop-1

ment is provided to prospective workers 2

and incumbent workers, and 3

‘‘(iv) the reported performance out-4

comes. 5

‘‘(F) S

TUDY ON THE EFFECTIVENESS OF

EMPLOYER

BASED TRAINING

.—The Secretary 7

shall, not more than 4 years after the date of 8

enactment of the A Stronger Workforce for 9

America Act, conduct a study that measures 10

the effectiveness of on-the-job training, em-11

ployer-directed skills training, apprenticeship, 12

and incumbent worker training under this title 13

in preparing job seekers and workers, including 14

those with barriers to employment, for unsub-15

sidized employment. Such study shall include 16

the cost per participant and wage and employ-17

ment outcomes, as compared to other methods 18

of training. 19

‘‘(G) R

EPORTS

.—The Secretary shall pre-20

pare and disseminate to the Committee on 21

Health, Education, Labor, and Pensions of the 22

Senate and the Committee on Education and 23

the Workforce of the House of Representatives, 24

and on the publicly available website of the De-25

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partment, reports containing the results of the 1

studies conducted under this paragraph.’’; and 2

(B) in paragraph (5), by adding at the end 3

the following: 4

‘‘(C) E

VALUATION OF GRANTS

.— 5

‘‘(i) I

N GENERAL

.—For each grant or 6

contract awarded under this paragraph, 7

the Secretary shall conduct a rigorous eval-8

uation of the multistate project to deter-9

mine the impact of the activities supported 10

by the project, including the impact on the 11

employment and earnings of program par-12

ticipants. 13

‘‘(ii) R

EPORT

.—The Secretary shall 14

prepare and disseminate to the Committee 15

on Health, Education, Labor, and Pen-16

sions of the Senate and the Committee on 17

Education and the Workforce of the House 18

of Representatives, and to the public, in-19

cluding through electronic means, reports 20

containing the results of evaluations con-21

ducted under this subparagraph.’’. 22

(b) W

ORKFORCE

ATA

UALITY

NITIATIVE

.—Sec-23

tion 169 of the Workforce Innovation and Opportunity Act 24

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(29 U.S.C. 3224) is further amended by adding at the 1

end the following: 2

‘‘(d) W

ORKFORCE

ATA

UALITY

NITIATIVE

.— 3

‘‘(1) G

RANT PROGRAM

.—Of amount made avail-4

able pursuant to section 132(a)(2)(A) for any pro-5

gram year, the Secretary shall use 5 percent of such 6

amount, and may also use funds authorized for pur-7

poses of carrying out this section, to award grants 8

to eligible entities to create workforce longitudinal 9

data systems and associated resources for the pur-10

poses of strengthening program quality, building 11

State capacity to produce evidence for decision mak-12

ing, meeting performance reporting requirements, 13

protecting privacy, and improving transparency. 14

‘‘(2) A

PPLICATION

.—To be eligible to receive a 15

grant under this subsection, an eligible entity shall 16

submit an application to the Secretary at such time 17

and in such manner as the Secretary may require, 18

which shall include— 19

‘‘(A) a description of the proposed activi-20

ties that will be conducted by the eligible entity, 21

including a description of the need for such ac-22

tivities and a detailed budget for such activities; 23

‘‘(B) a description of the expected out-24

comes and outputs (such as systems or prod-25

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ucts) that will result from the proposed activi-1

ties and the proposed uses of such outputs; 2

‘‘(C) a description of how the proposed ac-3

tivities will support the reporting of perform-4

ance data, including employment and earnings 5

outcomes, for the performance accountability 6

requirements under section 116, including out-7

comes for eligible training providers; 8

‘‘(D) a description of the methods and pro-9

cedures the eligible entity will use to ensure the 10

security and privacy of the collection, storage, 11

and use of all data involved in the systems and 12

resources supported through the grant, includ-13

ing compliance with State and Federal privacy 14

and confidentiality statutes and regulations; 15

and 16

‘‘(E) a plan for how the eligible entity will 17

continue the activities or sustain the use of the 18

outputs created with the grant funds after the 19

grant period ends. 20

‘‘(3) P

RIORITY

.—In awarding grants under the 21

subsection, the Secretary shall give priority to— 22

‘‘(A) eligible entities that are— 23

‘‘(i) a State agency of a State that 24

has not previously received a grant from 25

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the Secretary for the purposes of this sub-1

section and demonstrates a substantial 2

need to improve its data infrastructure; or 3

‘‘(ii) a consortium of State agencies 4

that is comprised of State agencies from 5

multiple States and includes at least one 6

State agency described in clause (i) and 7

has the capacity to make significant con-8

tributions towards building interoperable, 9

cross-State data infrastructure; and 10

‘‘(B) eligible entities that will use grant 11

funds to— 12

‘‘(i) expand the adoption and use of 13

linked, open, and interoperable data on 14

credentials, including through the develop-15

ment of a credential registry or other tools 16

and services designed to help learners and 17

workers make informed decisions, such as 18

the credential navigation feature described 19

in section 122(d)(2); 20

‘‘(ii) participate in and contribute 21

data to a multistate data collaborative, in-22

cluding data that provides participating 23

States the ability to better understand— 24

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‘‘(I) earnings and employment 1

outcomes of individuals who work out- 2

of-State; and 3

‘‘(II) cross-State earnings and 4

employment trends; 5

‘‘(iii) enhance collaboration with pri-6

vate sector workforce and labor market 7

data entities and the end-users of work-8

force and labor market data, including in-9

dividuals, employers, economic development 10

agencies, and workforce development pro-11

viders; or 12

‘‘(iv) leverage the use of non-Federal 13

contributions to improve workforce data in-14

frastructure, including staff capacity build-15

ing. 16

‘‘(4) U

SE OF FUNDS

.—In addition to the activi-17

ties described in paragraph (3)(B), an eligible entity 18

awarded a grant under this subsection may use 19

funds to carry out any of the following activities: 20

‘‘(A) Developing or enhancing a State’s 21

workforce longitudinal data system, including 22

by participating and contributing data to the 23

State’s data system, if applicable, that links 24

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with elementary and secondary school and post-1

secondary data. 2

‘‘(B) Accelerating the replication and 3

adoption of data systems, projects, products, or 4

practices already in use in one or more States 5

to other States. 6

‘‘(C) Research and labor market data im-7

provement activities to improve the timeliness, 8

relevance, and accessibility of such data 9

through pilot projects that are developed locally 10

but designed to scale to other regions or States. 11

‘‘(D) Establishing, enhancing, or con-12

necting to a system of interoperable learning 13

and employment records that provides individ-14

uals who choose to participate in such system 15

ownership of a verified and secure record of 16

their skills and achievements and the ability to 17

share such record with employers and education 18

providers. 19

‘‘(E) Developing policies, guidelines, and 20

security measures for data collection, storing, 21

and sharing to ensure compliance with relevant 22

Federal and State privacy laws and regulations. 23

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‘‘(F) Increasing local board access to and 1

integration with the State’s workforce longitu-2

dinal data system in a secure manner. 3

‘‘(G) Creating or participating in a data 4

exchange for collecting and using standards- 5

based jobs and employment data including, at a 6

minimum, job titles or occupation codes. 7

‘‘(H) Improving State and local staff ca-8

pacity to understand, use, and analyze data to 9

improve decision-making and improve partici-10

pant outcomes. 11

‘‘(5) A

DMINISTRATION

.— 12

‘‘(A) D

URATION

.—A grant awarded under 13

this subsection may be for a period of up to 3 14

years. 15

‘‘(B) S

UPPLEMENT

NOT SUPPLANT

.— 16

Funds made available under this subsection 17

shall be used to supplement, and not supplant, 18

other Federal, State, or local funds used for de-19

velopment of State data systems. 20

‘‘(C) R

EPORT

.—Each eligible entity that 21

receives a grant under this subsection shall sub-22

mit a report to the Secretary not later than 180 23

days after the conclusion of the grant period on 24

the activities supported through the grant and 25

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improvements in the use of workforce and labor 1

market information that have resulted from 2

such activities. 3

‘‘(6) D

EFINITIONS

.—In this subsection, the 4

term ‘eligible entity’ means a State agency or con-5

sortium of State agencies, including a multistate 6

data collaborative, that is or includes the State agen-7

cies responsible for— 8

‘‘(A) State employer wage records used by 9

the State’s unemployment insurance programs 10

in labor market information reporting and anal-11

ysis and for fulfilling the reporting require-12

ments of this Act; 13

‘‘(B) the production of labor market infor-14

mation; and 15

‘‘(C) the direct administration of one or 16

more of the core programs.’’. 17

SEC. 175. NATIONAL DISLOCATED WORKER GRANTS. 18

Section 170 of the Workforce Innovation and Oppor-19

tunity Act (29 U.S.C. 3225) is amended— 20

(1) by amending subsection (a)(1) to read as 21

follows: 22

‘‘(1) E

MERGENCY OR DISASTER

.—The term 23

‘emergency or disaster’ means an emergency or a 24

major disaster, as defined in paragraphs (1) and (2), 25

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respectively, of section 102 of the Robert T. Stafford 1

Disaster Relief and Emergency Assistance Act (42 2

U.S.C. 5122 (1) and (2)).’’; 3

(2) in subsection (b)— 4

(A) in paragraph (1)— 5

(i) in subparagraph (C), by striking 6

‘‘and’’ at the end; 7

(ii) in subparagraph (D)(ii), by strik-8

ing the period at the end and inserting ‘‘; 9

and’’; and 10

(iii) by adding at the end the fol-11

lowing: 12

‘‘(E) to an entity described in subsection 13

(c)(1)(B) to provide employment and training 14

activities related to the prevention and treat-15

ment of opioid use disorders, including addic-16

tion treatment, mental health treatment, and 17

pain management, in an area that, as a result 18

of widespread opioid use, addiction, and 19

overdoses, has higher-than-average demand for 20

such activities that exceeds the availability of 21

State and local resources to provide such activi-22

ties.’’; and 23

(B) by adding at the end the following: 24

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‘‘(3) P

ERFORMANCE RESULTS

.—The Secretary 1

shall collect the necessary information from each en-2

tity receiving a grant under this section to determine 3

the performance of such entity on the primary indi-4

cators of performance described in section 5

116(b)(2)(A)(i) and make such information available 6

on the publicly accessible website of the Department 7

in a format that does not reveal personally identifi-8

able information.’’; and 9

(3) in subsection (c)— 10

(A) in paragraph (1)(A)— 11

(i) by striking ‘‘subsection (b)(1)(A)’’ 12

and inserting ‘‘subparagraphs (A) or (E) 13

of subsection (b)(1)’’; and 14

(ii) by striking ‘‘, in such manner, and 15

containing such information’’ and inserting 16

‘‘and in such manner’’; and 17

(B) in paragraph (2)— 18

(i) in subparagraph (B)— 19

(I) in the heading, by striking 20

‘‘R

ETRAINING

’’ and inserting 21

‘‘R

ESKILLING

’’; and 22

(II) by striking ‘‘retraining’’ and 23

inserting ‘‘reskilling’’; 24

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(ii) by redesignating subparagraphs 1

(E), respectively; and 3

(iii) by inserting after subparagraph 4

(B) the following: 5

‘‘(C) O

PIOID

RELATED GRANTS

.—In order 6

to be eligible to receive employment and train-7

ing assistance under a national dislocated work-8

er grant awarded pursuant to subsection 9

(b)(1)(E), an individual shall be— 10

‘‘(i) a dislocated worker; 11

‘‘(ii) a long-term unemployed indi-12

vidual; 13

‘‘(iii) an individual who is unemployed 14

or significantly underemployed as a result 15

of widespread opioid use in the area; or 16

‘‘(iv) an individual who is employed or 17

seeking employment in a health care pro-18

fession involved in the prevention and 19

treatment of opioid use disorders, includ-20

ing such professions that provide addiction 21

treatment, mental health treatment, or 22

pain management.’’. 23

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SEC. 176. YOUTHBUILD PROGRAM. 1

Section 171 of the Workforce Innovation and Oppor-2

tunity Act (29 U.S.C. 3226) is amended— 3

(1) in subsection (c)— 4

(A) in paragraph (1), to read as follows: 5

‘‘(1) A

MOUNT OF GRANTS

;

RESERVATION

.— 6

‘‘(A) A

MOUNT OF GRANTS

.—Subject to 7

subparagraph (B), the Secretary is authorized 8

to make grants to applicants for the purpose of 9

carrying out YouthBuild programs approved 10

under this section. 11

‘‘(B) R

ESERVATION FOR RURAL AREAS

AND INDIAN TRIBES

.—In any fiscal year in 13

which the amount appropriated to carry out 14

this section is greater than $90,000,000, the 15

Secretary shall reserve 20 percent of the 16

amount appropriated that is in excess of 17

$90,000,000 and use such reserved amount to 18

make grants, for the purpose of carrying out 19

YouthBuild programs approved under this sec-20

tion, to applicants that— 21

‘‘(i) are located in rural areas; or 22

‘‘(ii) are Indian tribes, or are carrying 23

out such programs for the benefit of mem-24

bers of an Indian tribe.’’; 25

(B) in paragraph (2)— 26

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(i) in subparagraph (A)— 1

(I) in clause (iv)(II), by striking 2

‘‘language learners’’ and inserting 3

‘‘learners’’; and 4

(II) in clause (vii), by inserting 5

after ‘‘enable individuals’’ the fol-6

lowing: ‘‘, including those with disabil-7

ities,’’; and 8

(ii) by adding at the end the fol-9

lowing: 10

‘‘(I) Provision of meals and other food as-11

sistance to participants in conjunction with an-12

other activity described in this paragraph.’’; 13

(i) in subparagraph (A), by striking 15

‘‘such time, in such manner, and con-16

taining such information’’ and inserting 17

‘‘such time and in such manner’’; and 18

(ii) in subparagraph (B)— 19

(I) in the header, by striking 20

‘‘Minimum requirements’’ and insert-21

ing ‘‘Requirements’’; 22

(II) by striking ‘‘, at a min-23

imum’’; 24

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(III) in clause (xx), by striking 1

‘‘and’’ at the end; 2

(IV) in clause (xxi) by striking 3

the period at the end and inserting ‘‘; 4

and’’; and 5

(V) by adding at the end the fol-6

lowing: 7

‘‘(xxii) a description of the levels of 8

performance the applicant expects to 9

achieve on the primary indicators of per-10

formance described in section 11

116(b)(2)(A)(ii).’’; and 12

(D) in paragraph (4)— 13

(i) by striking ‘‘such selection criteria 14

as the Secretary shall establish under this 15

section, which shall include criteria’’ and 16

inserting ‘‘selection criteria’’; 17

(ii) in subparagraph (J)(iii), by add-18

ing ‘‘and’’ after the semicolon; 19

(iii) in subparagraph (K), by striking 20

‘‘; and’’ and inserting a period; and 21

(iv) by striking subparagraph (L); 22

(2) in subsection (e)(1)— 23

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(A) in subparagraph (A)(ii), by striking 1

‘‘offender’’ and inserting ‘‘who is a justice-in-2

volved individual’’; and 3

(B) in subparagraph (B)(i), by striking 4

‘‘are basic skills deficient’’ and inserting ‘‘have 5

foundational skill needs’’; 6

(3) in subsection (f), by striking paragraph (2) 7

and inserting the following: 8

‘‘(2) U

SE OF WAGE RECORDS

.—The Secretary 9

shall make arrangements with a State or other ap-10

propriate entity to facilitate the use of State wage 11

records to evaluate the performance of YouthBuild 12

programs funded under this section on the employ-13

ment and earnings indicators described in section 14

116(b)(2)(A)(ii) for the purposes of the report re-15

quired under paragraph (3). 16

‘‘(3) P

ERFORMANCE RESULTS

.—For each pro-17

gram year, the Secretary shall make available, on a 18

publicly accessible website of the Department, a re-19

port on the performance of YouthBuild programs, 20

during such program year, funded under this section 21

on— 22

‘‘(A) the primary indicators of performance 23

described in section 116(b)(2)(A)(ii); and 24

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‘‘(B) the expected levels of performance for 1

such programs as described in paragraph (1).’’; 2

(4) in subsection (g), by inserting at the end 3

the following: 4

‘‘(4) A

NNUAL RELEASE OF FUNDING OPPOR

-5

TUNITY ANNOUNCEMENT

.—The Secretary shall, to 6

the greatest extent practicable, announce new fund-7

ing opportunities for grants under this section dur-8

ing the same time period each year for which such 9

grants are available.’’; and 10

(5) by amending subsection (i) to read as fol-11

lows: 12

‘‘(i) A

UTHORIZATION OF

PPROPRIATIONS

.—There 13

are authorized to be appropriated to carry out this section 14

$108,150,000 for each of the fiscal years 2025 through 15

2030.’’. 16

SEC. 178. REENTRY EMPLOYMENT OPPORTUNITIES. 17

Subtitle D of title I of the Workforce Innovation and 18

Opportunity Act (29 U.S.C. 3221 et seq.), is further 19

amended— 20

(1) by redesignating section 172 as section 174; 21

and 22

(2) by inserting after section 171 the following: 23

‘‘SEC. 172. REENTRY EMPLOYMENT OPPORTUNITIES. 24

‘‘(a) P

URPOSES

.—The purposes of this section are— 25

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‘‘(1) to improve the employment, earnings, and 1

skill attainment, and reduce recidivism, of adults 2

and youth who have been involved with the justice 3

system; 4

‘‘(2) to prompt innovation and improvement in 5

the reentry of justice-involved individuals into the 6

workforce so that successful initiatives can be estab-7

lished or continued and replicated; and 8

‘‘(3) to further develop the evidence on how to 9

improve employment, earnings, and skill attainment, 10

and reduce recidivism, of justice-involved individuals, 11

through rigorous evaluations of specific services pro-12

vided, including how they affect different popu-13

lations and how they are best combined and 14

sequenced, and disseminate such evidence to entities 15

supporting the reentry of justice-involved individuals 16

into the workforce. 17

‘‘(b) R

EENTRY

MPLOYMENT

OMPETITIVE

RANTS

, 18

ONTRACTS

AND

OOPERATIVE

GREEMENTS

UTHOR

-19

IZED

.— 20

‘‘(1) I

N GENERAL

.—From the amounts appro-21

priated under section 174(e) and not reserved under 22

subsection (h), the Secretary— 23

‘‘(A) shall, on a competitive basis, make 24

grants to, or enter into contracts or cooperative 25

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agreements with, eligible entities to implement 1

reentry projects that serve eligible adults or eli-2

gible youth; 3

‘‘(B) may use not more than 30 percent of 4

such amounts to award funds under subpara-5

graph (A) to eligible entities to serve as na-6

tional or regional intermediaries to provide such 7

funds to other eligible entities to— 8

‘‘(i) implement reentry projects de-9

scribed in subparagraph (A); and 10

‘‘(ii) monitor and support such enti-11

ties; 12

‘‘(C) shall use 30 percent of such amounts 13

to award funds under subparagraph (A) to eli-14

gible entities using pay-for-performance con-15

tracts— 16

‘‘(i) that specify a fixed amount that 17

will be paid to the entity based on the 18

achievement of specified levels of perform-19

ance on the indicators of performance de-20

scribed in subsections (e)(1)(A)(i) and 21

(e)(2)(A) within a defined timetable; and 22

‘‘(ii) which may provide for bonus 23

payments to such entity to expand capacity 24

to provide effective services; and 25

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‘‘(D) shall ensure grants awarded under 1

this section are awarded to eligible entities from 2

geographically diverse areas, in addition to the 3

priorities described in paragraph (4). 4

‘‘(2) A

WARD PERIODS

.—The Secretary shall 5

award funds under this section for an initial period 6

of not more than 4 years. 7

‘‘(3) A

DDITIONAL AWARDS

.—The Secretary 8

may award, for a period of not more than 4 years, 9

one or more additional grants to an eligible entity 10

that received a grant under this section if the eligi-11

ble entity achieved the performance levels agreed 12

upon with the Secretary (as described in subsection 13

(e)(3)) for the most recent award period. 14

‘‘(4) P

RIORITY

.—In awarding funds under this 15

section, the Secretary shall give priority to eligible 16

entities whose applications submitted under sub-17

section (c) demonstrate a commitment to use such 18

funds to implement reentry projects— 19

‘‘(A) that will serve high-poverty areas; 20

‘‘(B) that will enroll eligible youth or eligi-21

ble adults— 22

‘‘(i) prior to the release of such indi-23

viduals from incarceration in a correctional 24

institution; or 25

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‘‘(ii) not later than 90 days after such 1

release; 2

‘‘(C) whose strategy and design are evi-3

dence-based; 4

‘‘(D) that establish partnerships with— 5

‘‘(i) businesses; or 6

‘‘(ii) institutions of higher education 7

or providers under section 122 (as deter-8

mined by the State where services are 9

being provided) to provide project partici-10

pants with programs of study leading to 11

recognized postsecondary credentials in in- 12

demand occupations; or 13

‘‘(E) that provide training services, includ-14

ing customized training and on-the-job training, 15

that are designed to meet the specific require-16

ments of an employer (including a group of em-17

ployers) and are conducted with a commitment 18

by the employer to employ individuals upon suc-19

cessful completion of the preparation. 20

‘‘(c) A

PPLICATION

.— 21

‘‘(1) F

ORM AND PROCEDURE

.—To be qualified 22

to receive funds under this section, an eligible entity 23

shall submit an application at such time, and in 24

such manner, as determined by the Secretary, and 25

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containing the information described in paragraph 1

(2). 2

‘‘(2) C

ONTENTS

.—An application submitted by 3

an eligible entity under paragraph (1) shall contain 4

the following: 5

‘‘(A) A description of the eligible entity, in-6

cluding the experience of the eligible entity in 7

providing employment and training services for 8

justice-involved individuals. 9

‘‘(B) A description of the needs that will 10

be addressed by the reentry project supported 11

by the funds received under this section, and 12

the target participant population and the geo-13

graphic area to be served. 14

‘‘(C) A description of the proposed employ-15

ment and training activities and supportive 16

services, if applicable, to be provided under 17

such reentry project, and how such activities 18

and services will prepare participants for em-19

ployment in in-demand industry sectors and oc-20

cupations within the geographic area to be 21

served by such reentry project. 22

‘‘(D) The anticipated schedule for carrying 23

out the activities proposed under the reentry 24

project. 25

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‘‘(E) A description of— 1

‘‘(i) the partnerships the eligible enti-2

ty will establish with agencies and entities 3

within the criminal justice system, local 4

boards and one-stops, community-based or-5

ganizations, and employers (including local 6

businesses) to provide participants of the 7

reentry project with work-based learning, 8

job placement, and recruitment (if applica-9

ble); and 10

‘‘(ii) how the eligible entity will co-11

ordinate its activities with other services 12

and benefits available to justice-involved 13

individuals in the geographic area to be 14

served by the reentry project. 15

‘‘(F) A description of the manner in which 16

individuals will be recruited and selected for 17

participation for the reentry project. 18

‘‘(G) A detailed budget and a description 19

of the system of fiscal controls, and auditing 20

and accountability procedures, that will be used 21

to ensure fiscal soundness for the reentry 22

project. 23

‘‘(H) A description of the expected levels of 24

performance to be achieved with respect to the 25

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performance measures described in subsection 1

(e). 2

‘‘(I) A description of the evidence-based 3

practices the eligible entity will use in adminis-4

tration of the reentry project. 5

‘‘(J) An assurance that the eligible entity 6

will collect, disaggregate by each subpopulation 7

of individuals with barriers to employment, and 8

by race, ethnicity, sex and age, and report to 9

the Secretary the data required with respect to 10

the reentry project carried out by the eligible 11

entity for purposes of determining levels of per-12

formance achieved and conducting the evalua-13

tion under this section. 14

‘‘(K) An assurance that the eligible entity 15

will provide matching funds, as described in 16

subsection (d)(4). 17

‘‘(L) A description of how the eligible enti-18

ty plans to continue the reentry project after 19

the award period. 20

‘‘(3) A

DDITIONAL CONTENT FOR INTER

-21

MEDIARY APPLICANTS

.—An application submitted by 22

an eligible entity seeking to serve as a national or 23

regional intermediary as described in subsection 24

(b)(1)(B) shall also contain the following: 25

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‘‘(A) An identification and description of 1

the eligible entities that will be subgrantees of 2

such intermediary and implement the reentry 3

projects, which shall include subgrantees in— 4

‘‘(i) three or more noncontiguous met-5

ropolitan areas or rural areas; and 6

‘‘(ii) not less than 2 States. 7

‘‘(B) A description of the services and sup-8

ports the intermediary will provide to the sub-9

grantees, including administrative and fiscal 10

support to ensure the subgrantees comply with 11

all grant requirements. 12

‘‘(C) A description of how the intermediary 13

will facilitate the replication of evidence-based 14

practices or other best practices identified by 15

the intermediary across all subgrantees. 16

‘‘(D) If such intermediary is currently re-17

ceiving, or has previously received, funds under 18

this section as an intermediary to implement a 19

reentry project, an assurance that none of the 20

subgrantees identified under subparagraph (A) 21

were previous subgrantees of the intermediary 22

for such reentry project and failed to meet the 23

levels of performance established for such re-24

entry project. 25

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‘‘(d) U

SES OF

UNDS

.— 1

‘‘(1) R

EQUIRED ACTIVITIES

.—An eligible entity 2

that receives funds under this section shall use such 3

funds to implement a reentry project for eligible 4

adults, eligible youth, or both that provides each of 5

the following: 6

‘‘(A) One or more of the individualized ca-7

reer services listed in subclause (I) through 8

(IX) of section 134(c)(2)(A)(xii). 9

‘‘(B) One or more of the training services 10

listed in clauses (i) through (x)(i) in section 11

134(c)(3)(D), including subsidized employment 12

opportunities through transitional jobs. 13

‘‘(C) For participants who are eligible 14

youth, one or more of the program elements 15

listed in subparagraphs (A) through (N) of sec-16

tion 129(c)(2). 17

‘‘(2) A

LLOWABLE ACTIVITIES

.—An eligible enti-18

ty that receives funds under this section may use 19

such funds to provide to eligible adults or eligible 20

youth the following: 21

‘‘(A) Follow-up services after placement in 22

unsubsidized employment as described in sec-23

tion 134(c)(2)(A)(xiii). 24

‘‘(B) Apprenticeship programs. 25

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‘‘(C) Education in digital literacy skills. 1

‘‘(D) Mentoring. 2

‘‘(E) Assistance in obtaining employment, 3

including as a result of the eligible entity— 4

‘‘(i) establishing and developing rela-5

tionships and networks with large and 6

small employers; and 7

‘‘(ii) coordinating with employers to 8

develop customized training programs and 9

on-the-job training. 10

‘‘(F) Assistance with driver’s license rein-11

statement and fees for driver’s licenses and 12

other necessary documents for employment. 13

‘‘(G) Provision of or referral to evidence- 14

based mental health treatment by licensed prac-15

titioners. 16

‘‘(H) Provision of or referral to substance 17

use disorder treatment services, provided that 18

funds awarded under this section are only used 19

to provide such services to participants who are 20

unable to obtain such services through other 21

programs providing such services. 22

‘‘(I) Provisions of or referral to supportive 23

services, provided that no more than 5 percent 24

of funds awarded to an eligible entity under 25

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this section may be used to provide such serv-1

ices to participants who are able to obtain such 2

services through other programs providing such 3

services. 4

‘‘(3) A

DMINISTRATIVE COST LIMIT

.—An eligible 5

entity may not use more than 7 percent of the funds 6

received under this section for administrative costs, 7

including for costs related to collecting information, 8

analysis, and coordination for purposes of subsection 9

(e) or (f). 10

‘‘(4) M

ATCHING FUNDS

.—An eligible entity 11

shall provide a non-Federal contribution, which may 12

be provided in cash or in-kind, for the costs of the 13

project in an amount that is not less than 25 per-14

cent of the total amount of funds awarded to the en-15

tity for such period, except that the Secretary may 16

waive the matching funds requirement, on a case-by- 17

case basis and for not more than 20 percent of all 18

grants awarded, if the eligible entity demonstrates 19

significant financial hardship. 20

‘‘(e) L

EVELS OF

ERFORMANCE

.— 21

‘‘(1) E

STABLISHMENT OF LEVELS

.— 22

‘‘(A) I

N GENERAL

.—The Secretary shall 23

establish expected levels of performance for re-24

entry projects funded under this section for— 25

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‘‘(i) each of the primary indicators of 1

performance for adults and youth de-2

scribed in section 116(b); and 3

‘‘(ii) an indicator of performance es-4

tablished by the Secretary with respect to 5

participant recidivism. 6

‘‘(B) U

PDATES

.—The levels established 7

under subparagraph (A) shall be updated for 8

each 4-year award period. 9

‘‘(2) A

GREEMENT ON PERFORMANCE LEVELS

.— 10

In establishing and updating performance levels 11

under paragraph (1), the Secretary shall reach 12

agreement on such levels with the eligible entities re-13

ceiving awards under this section that will be subject 14

to such levels, based on, as the Secretary determines 15

relevant for each indicator of performance, the fol-16

lowing factors: 17

‘‘(A) The expected performance levels of 18

each such eligible entity described in the appli-19

cation submitted under subsection (c)(2)(H). 20

‘‘(B) The local economic conditions of the 21

geographic area to be served by each such eligi-22

ble entity, including differences in unemploy-23

ment rates and job losses or gains in particular 24

industries. 25

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‘‘(C) The characteristics of project partici-1

pants when entering the project involved, in-2

cluding— 3

‘‘(i) criminal records; 4

‘‘(ii) indicators of poor work history; 5

‘‘(iii) lack of work experience; 6

‘‘(iv) lack of educational or occupa-7

tional skills attainment; 8

‘‘(v) low levels of literacy or English 9

proficiency; 10

‘‘(vi) disability status; 11

‘‘(vii) homelessness; and 12

‘‘(viii) receipt of public assistance. 13

‘‘(3) F

AILURE TO MEET PERFORMANCE LEV

-14

ELS

.—In the case of an eligible entity that fails to 15

meet the performance levels established under para-16

graph (1) and updated to reflect the actual economic 17

conditions and characteristics of participants (as de-18

scribed in paragraph (2)(C)) served by the reentry 19

project involved for any award year, the Secretary 20

shall provide technical assistance to the eligible enti-21

ty, including the development of a performance im-22

provement plan. 23

‘‘(f) E

VALUATION OF

EENTRY

ROJECTS

.— 24

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‘‘(1) I

N GENERAL

.—Not later than 5 years 1

after the first award of funds under this section is 2

made, the Secretary (acting through the Chief Eval-3

uation Officer) shall meet each of the following re-4

quirements: 5

‘‘(A) D

ESIGN AND CONDUCT OF EVALUA

-6

TION

.—Design and conduct an evaluation to 7

evaluate the effectiveness of the reentry projects 8

funded under this section, which meets the re-9

quirements of paragraph (2), and includes an 10

evaluation of each of the following: 11

‘‘(i) The effectiveness of such projects 12

in assisting individuals with finding em-13

ployment and maintaining employment at 14

the second quarter and fourth quarter 15

after unsubsidized employment is obtained. 16

‘‘(ii) The effectiveness of such projects 17

in assisting individuals with earning recog-18

nized postsecondary credentials. 19

‘‘(iii) The effectiveness of such 20

projects in relation to their cost, including 21

the extent to which the projects improve 22

reentry outcomes, including in employ-23

ment, compensation (which may include 24

wages earned and benefits), career ad-25

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vancement, measurable skills gains, creden-1

tials earned, and recidivism of participants 2

in comparison to comparably situated indi-3

viduals who did not participate in such 4

projects. 5

‘‘(iv) The effectiveness of specific 6

services and interventions provided and of 7

the overall project design. 8

‘‘(v) If applicable, the extent to which 9

such projects effectively serve various de-10

mographic groups, including people of dif-11

ferent geographic locations, ages, races, 12

national origins, sex, and criminal records, 13

and individuals with disabilities. 14

‘‘(vi) If applicable, the appropriate se-15

quencing, combination, or concurrent 16

structure, of services for each subpopula-17

tion of individuals who are participants of 18

such projects, such as the order, combina-19

tion, or concurrent structure and services 20

in which transitional jobs and occupational 21

skills development are provided, to ensure 22

that such participants are prepared to fully 23

benefit from employment and training 24

services provided under the project. 25

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‘‘(vii) Limitations or barriers to edu-1

cation and employment as a result of occu-2

pational or educational licensing restric-3

tions. 4

‘‘(B) D

ATA ACCESSIBILITY

.—Make avail-5

able, on the publicly accessible website of the 6

Department of Labor, data collected during the 7

course of evaluation under this subsection, in 8

an aggregated format that does not disclose 9

personally identifiable information. 10

‘‘(2) D

ESIGN REQUIREMENTS

.—An evaluation 11

under this subsection— 12

‘‘(A) shall— 13

‘‘(i) be designed by the Secretary (act-14

ing through the Chief Evaluation Officer) 15

in conjunction with the eligible entities car-16

rying out the reentry projects being evalu-17

ated; 18

‘‘(ii) include analysis of participant 19

feedback and outcome and process meas-20

ures; and 21

‘‘(iii) use designs that employ the 22

most rigorous analytical and statistical 23

methods that are reasonably feasible, such 24

as the use of control groups; and 25

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‘‘(B) may not— 1

‘‘(i) collect personally identifiable in-2

formation, except to the extent such infor-3

mation is necessary to conduct the evalua-4

tion; or 5

‘‘(ii) reveal or share personally identi-6

fiable information. 7

‘‘(3) P

UBLICATION AND REPORTING OF EVAL

-8

UATION FINDINGS

.—The Secretary (acting through 9

the Chief Evaluation Officer) shall— 10

‘‘(A) in accordance with the timeline deter-11

mined to be appropriate by the Chief Evalua-12

tion Officer, publish an interim report on such 13

evaluation; 14

‘‘(B) not later than 90 days after the date 15

on which any evaluation is completed under this 16

subsection, publish and make publicly available 17

such evaluation; and 18

‘‘(C) not later than 60 days after the com-19

pletion date described in subparagraph (B), 20

submit to the Committee on Education and the 21

Workforce of the House of Representatives and 22

the Committee on Health, Education, Labor, 23

and Pensions of the Senate a report on such 24

evaluation. 25

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‘‘(g) A

NNUAL

EPORT

.— 1

‘‘(1) C

ONTENTS

.—Subject to paragraph (2), 2

the Secretary shall post, using transparent, linked, 3

open, and interoperable data formats, on its publicly 4

accessible website, an annual report on— 5

‘‘(A) the number of individuals who par-6

ticipated in projects assisted under this section 7

for the preceding year; 8

‘‘(B) the percentage of such individuals 9

who successfully completed the requirements of 10

such projects; 11

‘‘(C) the performance of eligible entities on 12

such projects as measured by the performance 13

indicators set forth in subsection (e); and 14

‘‘(D) an explanation of any waivers grant-15

ed by the Secretary of the matching require-16

ment under subsection (d)(4). 17

‘‘(2) D

ISAGGREGATION

.—The information pro-18

vided under subparagraphs (A) through (C) of para-19

graph (1) with respect to a year shall be 20

disaggregated by each project assisted under this 21

section for such year. 22

‘‘(h) R

ESERVATION OF

UNDS

.—Of the funds appro-23

priated under section 174(e) for a fiscal year, the Sec-24

retary— 25

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‘‘(1) may reserve not more than 5 percent for 1

the administration of grants, contracts, and coopera-2

tive agreements awarded under this section, of which 3

not more than 2 percent may be reserved for the 4

provision of— 5

‘‘(A) technical assistance to eligible entities 6

that receive funds under this section; and 7

‘‘(B) outreach and technical assistance to 8

eligible entities desiring to receive such funds, 9

including assistance with application develop-10

ment and submission; and 11

‘‘(2) shall reserve not less than 1 percent and 12

not more than 2.5 percent for the evaluation activi-13

ties under subsection (f) or to support eligible enti-14

ties with any required data collection, analysis, and 15

coordination related to such evaluation activities. 16

‘‘(i) D

EFINITIONS

.—In this section: 17

‘‘(1) C

HIEF EVALUATION OFFICER

.—The term 18

‘Chief Evaluation Officer’ means the head of the 19

independent evaluation office located in the Office of 20

the Assistant Secretary for Policy of the Department 21

of Labor. 22

‘‘(2) C

OMMUNITY SUPERVISION

.—The term 23

‘community supervision’ means mandatory oversight 24

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(including probation and parole) of a formerly incar-1

cerated person— 2

‘‘(A) who was convicted of a crime by a 3

judge or parole board; and 4

‘‘(B) who is living outside a secure facility. 5

‘‘(3) C

ORRECTIONAL INSTITUTION

.—The term 6

‘correctional institution’ has the meaning given the 7

term in section 225(e). 8

‘‘(4) E

LIGIBLE ENTITY

.—The term ‘eligible en-9

tity’ means— 10

‘‘(A) a private nonprofit organization 11

under section 501(c)(3) of the Internal Revenue 12

Code of 1986, including a community-based or 13

faith-based organization; 14

‘‘(B) a local board; 15

‘‘(C) a State or local government; 16

‘‘(D) an Indian or Native American entity 17

eligible for grants under section 166; 18

‘‘(E) a labor organization or joint labor- 19

management organization; 20

‘‘(F) an industry or sector partnership; 21

‘‘(G) an institution of higher education; or 22

‘‘(H) a consortium of the entities described 23

in subparagraphs (A) through (H). 24

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‘‘(5) E

LIGIBLE ADULT

.—The term ‘eligible 1

adult’ means a justice-involved individual who— 2

‘‘(A) is age 25 or older; and 3

‘‘(B) in the case of an individual that was 4

previously incarcerated, was released from in-5

carceration not more than 3 years prior to en-6

rollment in a project funded under this section. 7

‘‘(6) E

LIGIBLE YOUTH

.—The term ‘eligible 8

youth’ means a justice-involved individual who is not 9

younger than age 14 or older than age 24. 10

‘‘(7) H

IGH

POVERTY

.—The term ‘high-poverty’, 11

when used with respect to a geographic area, means 12

an area with a poverty rate of at least 20 percent 13

as determined based on the most recently available 14

data from the American Community Survey con-15

ducted by the Bureau of the Census. 16

‘‘(8) J

USTICE

INVOLVED INDIVIDUAL

.—The 17

term ‘justice-involved individual’ means an individual 18

who has been convicted as a juvenile or an adult and 19

imprisoned under Federal or State law.’’. 20

SEC. 179. STRENGTHENING COMMUNITY COLLEGES GRANT 21

PROGRAM. 22

Subtitle D of title I of the Workforce Innovation and 23

Opportunity Act (29 U.S.C. 3221 et seq.), is further 24

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amended by inserting after section 172, as added by the 1

preceding section, the following: 2

‘‘SEC. 173. STRENGTHENING COMMUNITY COLLEGES WORK-3

FORCE DEVELOPMENT GRANTS PROGRAM. 4

‘‘(a) P

URPOSES

.—The purposes of this section are— 5

‘‘(1) to establish, improve, or expand high-qual-6

ity workforce development programs at community 7

colleges; and 8

‘‘(2) to expand opportunities for individuals to 9

obtain recognized postsecondary credentials that are 10

nationally or regionally portable and stackable for 11

high-skill, high-wage, or in-demand industry sectors 12

or occupations. 13

‘‘(b) S

TRENGTHENING

OMMUNITY

OLLEGES

ORKFORCE

EVELOPMENT

RANTS

ROGRAM

.— 15

‘‘(1) I

N GENERAL

.—From the amounts appro-16

priated to carry out this section under section 174(f) 17

and not reserved under paragraph (2), the Secretary 18

shall, on a competitive basis, make grants to eligible 19

institutions to carry out the activities described in 20

subsection (e). 21

‘‘(2) R

ESERVATION

.—Of the amounts appro-22

priated to carry out this section under section 23

174(f), the Secretary may reserve not more than two 24

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percent for the administration of grants awarded 1

under this section, including— 2

‘‘(A) providing technical assistance and 3

targeted outreach to support eligible institu-4

tions serving a high number or high percentage 5

of low-income individuals or individuals with 6

barriers to employment, and rural-serving eligi-7

ble institutions, to provide guidance and assist-8

ance in the process of applying for grants under 9

this section; and 10

‘‘(B) evaluating and reporting on the per-11

formance and impact of programs funded under 12

this section in accordance with subsections (f) 13

through (h). 14

‘‘(c) A

WARD

ERIOD

.— 15

‘‘(1) I

NITIAL GRANT PERIOD

.—Each grant 16

under this section shall be awarded for an initial pe-17

riod of not more than 4 years. 18

‘‘(2) S

UBSEQUENT GRANTS

.—An eligible insti-19

tution that receives an initial grant under this sec-20

tion may receive one or more additional grants 21

under this section for additional periods of not more 22

than 4 years each if the eligible institution dem-23

onstrates that, during the most recently completed 24

grant period for a grant received under this section, 25

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such eligible institution achieved the levels of per-1

formance agreed to by the eligible institution with 2

respect to the performance indicators specified in 3

subsection (f). 4

‘‘(d) A

PPLICATION

.— 5

‘‘(1) I

N GENERAL

.—To be eligible to receive a 6

grant under this section, an eligible institution shall 7

submit an application to the Secretary at such time 8

and in such manner as the Secretary may require. 9

‘‘(2) C

ONTENTS

.—An application submitted by 10

an eligible institution under paragraph (1) shall in-11

clude a description of each the following: 12

‘‘(A) The extent to which the eligible insti-13

tution has demonstrated success building part-14

nerships with employers in in-demand industry 15

sectors or occupations to provide students with 16

the skills needed for occupations in such indus-17

tries and an explanation of the results of any 18

such partnerships. 19

‘‘(B) The methods and strategies the eligi-20

ble institution will use to engage with employers 21

in in-demand industry sectors or occupations, 22

including any arrangements to place individuals 23

who complete the workforce development pro-24

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grams supported by the grant into employment 1

with such employers. 2

‘‘(C) The proposed eligible institution and 3

industry partnership that the eligible institution 4

will establish or maintain to comply with sub-5

section (e)(1), including— 6

‘‘(i) the roles and responsibilities of 7

each employer, organization, agency, or in-8

stitution of higher education that the eligi-9

ble institution will partner with to carry 10

out the activities under this section; and 11

‘‘(ii) the needs that will be addressed 12

by such eligible institution and industry 13

partnership. 14

‘‘(D) One or more industries that such 15

partnership will target and real-time labor mar-16

ket data demonstrating that those industries 17

are aligned with employer demand in the geo-18

graphic area to be served by the eligible institu-19

tion. 20

‘‘(E) The extent to which the eligible insti-21

tution can— 22

‘‘(i) leverage additional resources to 23

support the programs to be funded with 24

the grant, which shall include written com-25

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mitments of any leveraged or matching 1

funds for the proposed programs; and 2

‘‘(ii) demonstrate the future sustain-3

ability of each such program. 4

‘‘(F) The steps the institution will take to 5

ensure the high quality of each program to be 6

funded with the grant, including the career 7

pathways within such programs. 8

‘‘(G) The population and geographic area 9

to be served by the eligible institution, including 10

the number of individuals the eligible institution 11

intends to serve during the grant period. 12

‘‘(H) The workforce development programs 13

to be supported by the grant. 14

‘‘(I) The recognized postsecondary creden-15

tials that are expected to be earned by partici-16

pants in such workforce development programs 17

and the related in-demand industry sectors or 18

occupations for which such programs will pre-19

pare participants. 20

‘‘(J) The evidence upon which the edu-21

cation and skills development strategies to be 22

used in such workforce development programs 23

are based and an explanation of how such evi-24

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dence influenced the design of the programs to 1

improve education and employment outcomes. 2

‘‘(K) How activities of the eligible institu-3

tion are expected to align with the workforce 4

strategies identified in— 5

‘‘(i) any State plan or local plan sub-6

mitted under this Act by the State, out-7

lying area, or locality in which the eligible 8

institution is expected to operate; 9

‘‘(ii) any State plan submitted under 10

section 122 of the Carl D. Perkins Career 11

and Technical Education Act of 2006 (20 12

U.S.C. 2342) by such State or outlying 13

area; and 14

‘‘(iii) any economic development plan 15

of the chief executive of such State or out-16

lying area. 17

‘‘(L) The goals of the eligible institution 18

with respect to— 19

‘‘(i) capacity building (as described in 20

subsection (f)(1)(B)); and 21

‘‘(ii) the expected performance of indi-22

viduals participating in the programs to be 23

offered by the eligible institution, including 24

with respect to any performance indicators 25

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applicable under section 116 or subsection 1

(f) of this section. 2

‘‘(3) C

ONSIDERATION OF PREVIOUS EXPERI

-3

ENCE

.—The Secretary may not disqualify an eligible 4

institution from receiving a grant under this section 5

solely because such institution lacks previous experi-6

ence in building partnerships, as described in para-7

graph (2)(A). 8

‘‘(4) P

RIORITY

.—In awarding grants under this 9

section, the Secretary shall give priority to eligible 10

institutions that— 11

‘‘(A) will use the grant to serve— 12

‘‘(i) individuals with barriers to em-13

ployment; or 14

‘‘(ii) incumbent workers who need to 15

gain or improve foundational skills to en-16

hance their employability; 17

‘‘(B) use competency-based assessments, 18

such as the competency-based assessment iden-19

tified by the State in which the eligible institu-20

tion is located under section 134(a)(2)(B)(vii), 21

to award academic credit for prior learning for 22

programs supported by the grant; or 23

‘‘(C) have, or will seek to have, the career 24

education programs supported by the grant in-25

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cluded on the list of eligible providers of train-1

ing services under section 122 for the State in 2

which the eligible institution is located. 3

‘‘(e) U

SES OF

UNDS

.— 4

‘‘(1) E

LIGIBLE INSTITUTION AND INDUSTRY

PARTNERSHIP

.—For the purpose of carrying out the 6

activities specified in paragraphs (2) and (3), an eli-7

gible institution that receives a grant under this sec-8

tion shall establish a partnership (or continue an ex-9

isting partnership) with one or more employers in an 10

in-demand industry sector or occupation (in this sec-11

tion referred to as an ‘eligible institution and indus-12

try partnership’) and shall maintain such partner-13

ship for the duration of the grant period. The eligi-14

ble institution shall ensure that the partnership— 15

‘‘(A) targets one or more specific high- 16

skill, high-wage, or in-demand industries; 17

‘‘(B) includes collaboration with the work-18

force development system; 19

‘‘(C) serves adult and dislocated workers, 20

incumbent workers, and new entrants to the 21

workforce; 22

‘‘(D) uses an evidence-based program de-23

sign that is appropriate for the activities carried 24

out by the partnership; 25

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‘‘(E) incorporates work-based learning op-1

portunities, as defined in section 3 of the Carl 2

D. Perkins Career and Technical Education Act 3

of 2006 (20 U.S.C. 2302); and 4

‘‘(F) incorporates, to the extent appro-5

priate, virtual service delivery to facilitate tech-6

nology-enabled learning. 7

‘‘(2) R

EQUIRED ACTIVITIES

.—An eligible insti-8

tution that receives a grant under this section shall, 9

in consultation with the employers in the eligible in-10

stitution and industry partnership described in para-11

graph (1)— 12

‘‘(A) establish, improve, or expand high 13

quality, evidence-based workforce development 14

programs, career pathway programs, or work- 15

based learning programs (including apprentice-16

ship programs or preapprenticeships); 17

‘‘(B) provide career services to individuals 18

participating in the programs funded with the 19

grant to facilitate retention and program com-20

pletion, which may include— 21

‘‘(i) career navigation, coaching, 22

mentorship, and case management serv-23

ices, including providing information and 24

outreach to individuals with barriers to 25

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employment to encourage such individuals 1

to participate in programs funded with the 2

grant; and 3

‘‘(ii) providing access to course mate-4

rials, technological devices, required equip-5

ment, and other supports necessary for 6

participation in and successful completion 7

of such programs; and 8

‘‘(C) make available, in a format that is 9

open, searchable, and easily comparable, infor-10

mation on— 11

‘‘(i) curricula and recognized postsec-12

ondary credentials offered through pro-13

grams funded with the grant, including 14

any curricula or credentials created or fur-15

ther developed using such grant, which for 16

each recognized postsecondary credential, 17

shall include— 18

‘‘(I) the issuing entity of such 19

credential; 20

‘‘(II) any third-party endorse-21

ments of such credential; 22

‘‘(III) the occupations for which 23

the credential prepares individuals; 24

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‘‘(IV) the skills and competencies 1

necessary to achieve to earn such cre-2

dential; 3

‘‘(V) the level of mastery of such 4

skills and competencies (including how 5

mastery is assessed); and 6

‘‘(VI) any transfer value or 7

stackability of the credential; 8

‘‘(ii) any skills or competencies devel-9

oped by individuals who participate in such 10

programs beyond the skills and com-11

petencies identified as part of the recog-12

nized postsecondary credential awarded; 13

and 14

‘‘(iii) related employment and earn-15

ings outcomes on the primary indicators of 16

performance described in subclauses (I) 17

through (III) of section 116(b)(2)(A)(i). 18

‘‘(3) A

DDITIONAL ACTIVITIES

.—In addition to 19

the activities required under paragraph (2), an eligi-20

ble institution that receives a grant under this sec-21

tion shall, in consultation with the employers in the 22

eligible institution and industry partnership de-23

scribed in paragraph (1), carry out one or more of 24

the following activities: 25

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‘‘(A) Establish, improve, or expand— 1

‘‘(i) articulation agreements (as de-2

fined in section 486A(a) of the Higher 3

Education Act of 1965 (20 U.S.C. 4

1093a(a))); 5

‘‘(ii) credit transfer agreements; 6

‘‘(iii) corequisite remediation pro-7

grams that enable a student to receive re-8

medial education services while enrolled in 9

a postsecondary course rather than requir-10

ing the student to receive remedial edu-11

cation before enrolling in a such a course; 12

‘‘(iv) dual or concurrent enrollment 13

programs; 14

‘‘(v) competency-based education and 15

assessment; or 16

‘‘(vi) policies and processes to award 17

academic credit for prior learning or for 18

the programs described in paragraph 19

(2)(A). 20

‘‘(B) Establish or implement plans for pro-21

viders of the programs described in paragraph 22

(2)(A) to meet the criteria and carry out the 23

procedures necessary to be included on the eli-24

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gible training services provider list described in 1

section 122(d). 2

‘‘(C) Purchase, lease, or refurbish special-3

ized equipment as necessary to carry out such 4

programs, provided that not more than 15 per-5

cent of the funds awarded to the eligible insti-6

tution under this section may be used for activi-7

ties described in this subparagraph. 8

‘‘(D) Reduce or eliminate unmet financial 9

need relating to the cost of attendance (as de-10

fined under section 472 of the Higher Edu-11

cation Act of 1965 (20 U.S.C. 1087ll)) of par-12

ticipants in such programs. 13

‘‘(4) A

DMINISTRATIVE COST LIMIT

.—An eligible 14

institution may use not more than 7 percent of the 15

funds awarded under this section for administrative 16

costs, including costs related to collecting informa-17

tion, analysis, and coordination for purposes of sub-18

section (f). 19

‘‘(f) P

ERFORMANCE

EVELS AND

ERFORMANCE

EVIEWS

.— 21

‘‘(1) I

N GENERAL

.—The Secretary shall develop 22

and implement guidance that establishes the levels 23

of performance that are expected to be achieved by 24

each eligible institution receiving a grant under this 25

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section. Such performance levels shall be established 1

on the following indicators: 2

‘‘(A) Each of the primary indicators of 3

performance for adults described in section 4

116(b), which shall be applied for all individuals 5

who participated in a program that received 6

funding from a grant under this section. 7

‘‘(B) The extent to which the eligible insti-8

tution built capacity by— 9

‘‘(i) increasing the breadth and depth 10

of employer engagement and investment in 11

workforce development programs in the in- 12

demand industry sectors and occupations 13

targeted by the eligible institution and in-14

dustry partnership established or main-15

tained by the eligible institution under sub-16

section (e)(1); 17

‘‘(ii) designing or implementing new 18

and accelerated instructional techniques or 19

technologies, including the use of advanced 20

online and technology-enabled learning 21

(such as immersive technology); and 22

‘‘(iii) increasing program and policy 23

alignment across systems and decreasing 24

duplicative services or service gaps. 25

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‘‘(C) With respect to individuals who par-1

ticipated in a workforce development program 2

funded with the grant— 3

‘‘(i) the percentage of participants 4

who successfully completed the program; 5

and 6

‘‘(ii) of the participants who were in-7

cumbent workers at the time of enrollment 8

in the program, the percentage who ad-9

vanced into higher-level positions during or 10

after completing the program. 11

‘‘(2) C

ONSULTATION AND DETERMINATION OF

PERFORMANCE LEVELS

.— 13

‘‘(A) C

ONSIDERATION

.—In developing per-14

formance levels in accordance with paragraph 15

(1), the Secretary shall take into consideration 16

the goals of the eligible institution pursuant to 17

subsection (d)(2)(L). 18

‘‘(B) D

ETERMINATION

.—After completing 19

the consideration required under subparagraph 20

(A), the Secretary shall separately determine 21

the performance levels that will apply to each 22

eligible institution, taking into account— 23

‘‘(i) the expected performance levels of 24

each eligible institution with respect to the 25

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goals described by the eligible institution 1

pursuant to subsection (d)(2)(L); and 2

‘‘(ii) local economic conditions in the 3

geographic area to be served by the eligible 4

institution, including differences in unem-5

ployment rates and job losses or gains in 6

particular industries. 7

‘‘(C) N

OTICE AND ACKNOWLEDGMENT

.— 8

‘‘(i) N

OTICE

.—The Secretary shall 9

provide each eligible institution with a 10

written notification that sets forth the per-11

formance levels that will apply to the eligi-12

ble institution, as determined under sub-13

paragraph (B). 14

‘‘(ii) A

CKNOWLEDGMENT

.—After re-15

ceiving the notification described in clause 16

(i), each eligible institution shall submit to 17

the Secretary written confirmation that the 18

eligible institution— 19

‘‘(I) received the notification; and 20

‘‘(II) agrees to be evaluated in 21

accordance with the performance lev-22

els determined by the Secretary. 23

‘‘(3) P

ERFORMANCE REVIEWS

.—On an annual 24

basis during each year of the grant period, the Sec-25

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retary shall evaluate the performance during such 1

year of each eligible institution receiving a grant 2

under this section in a manner consistent with the 3

performance levels determined for such institution 4

pursuant to paragraph (2). 5

‘‘(4) F

AILURE TO MEET PERFORMANCE LEV

-6

ELS

.—After conducting an evaluation under para-7

graph (3), if the Secretary determines that an eligi-8

ble institution did not achieve the performance levels 9

applicable to the eligible institution under paragraph 10

(2), the Secretary shall— 11

‘‘(A) provide technical assistance to the eli-12

gible institution; and 13

‘‘(B) develop a performance improvement 14

plan for the eligible institution. 15

‘‘(g) E

VALUATIONS AND

EPORTS

.— 16

‘‘(1) I

N GENERAL

.—Not later than 4 years 17

after the date on which the first grant is made 18

under this section, the Secretary shall design and 19

conduct an evaluation to determine the overall effec-20

tiveness of the eligible institutions receiving a grant 21

under this section. 22

‘‘(2) E

LEMENTS

.—The evaluation of the effec-23

tiveness of eligible institutions conducted under 24

paragraph (1) shall include an assessment of the 25

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general effectiveness of programs and activities sup-1

ported by the grants awarded to such eligible insti-2

tutions under this section, including the extent to 3

which the programs and activities— 4

‘‘(A) developed new, or expanded existing, 5

successful industry sector strategies, including 6

the extent to which such eligible institutions 7

deepened employer engagement and developed 8

workforce development programs that met in-9

dustry skill needs; 10

‘‘(B) created, expanded, or enhanced ca-11

reer pathways, including the extent to which the 12

eligible institutions developed or improved com-13

petency-based education and assessment, credit 14

for prior learning, modularized and self-paced 15

curricula, integrated education and workforce 16

development, dual enrollment in secondary and 17

postsecondary career pathways, stacked and 18

latticed credentials, and online and distance 19

learning; 20

‘‘(C) created alignment between eligible in-21

stitutions and the workforce development sys-22

tem; 23

‘‘(D) assisted individuals with finding, re-24

taining, or advancing in employment; 25

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‘‘(E) assisted individuals with earning rec-1

ognized postsecondary credentials; and 2

‘‘(F) provided equal access to various de-3

mographic groups, including people of different 4

geographic locations, ages, races, national ori-5

gins, and sexes. 6

‘‘(3) D

ESIGN REQUIREMENTS

.—The evaluation 7

under this subsection shall— 8

‘‘(A) be designed by the Secretary (acting 9

through the Chief Evaluation Officer) in con-10

junction with the eligible institutions being eval-11

uated; 12

‘‘(B) include analysis of program partici-13

pant feedback and outcome and process meas-14

ures; and 15

‘‘(C) use designs that employ the most rig-16

orous analytical and statistical methods that 17

are reasonably feasible, such as the use of con-18

trol groups. 19

‘‘(4) D

ATA ACCESSIBILITY

.—The Secretary 20

shall make available on a publicly accessible website 21

of the Department of Labor any data collected as 22

part of the evaluation under this subsection. Such 23

data shall be made available in an aggregated for-24

mat that does not reveal personally identifiable in-25

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formation and that ensures compliance with relevant 1

Federal laws, including section 444 of the General 2

Education Provisions Act (commonly known as the 3

‘Family Educational Rights and Privacy Act of 4

1974’)(20 U.S.C. 1232g). 5

‘‘(5) P

UBLICATION AND REPORTING OF EVAL

-6

UATION FINDINGS

.—The Secretary (acting through 7

the Chief Evaluation Officer) shall— 8

‘‘(A) in accordance with the timeline deter-9

mined to be appropriate by the Chief Evalua-10

tion Officer, publish an interim report on the 11

preliminary results of the evaluation conducted 12

under this subsection; 13

‘‘(B) not later than 60 days after the date 14

on which the evaluation is completed under this 15

subsection, submit to the Committee on Edu-16

cation and the Workforce of the House of Rep-17

resentatives and the Committee on Health, 18

Education, Labor, and Pensions of the Senate 19

a report on such evaluation; and 20

‘‘(C) not later than 90 days after such 21

completion date, publish and make the results 22

of such evaluation available on a publicly acces-23

sible website of the Department of Labor. 24

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‘‘(h) A

NNUAL

EPORTS

.—The Secretary shall make 1

available on a publicly accessible website of the Depart-2

ment of Labor, in transparent, linked, open, and inter-3

operable data formats, the following information: 4

‘‘(1) The performance of eligible institutions on 5

the capacity-building performance indicator set forth 6

under subsection (f)(1)(B). 7

‘‘(2) The performance of eligible institutions on 8

the workforce development participant outcome per-9

formance indicators set forth under subsection 10

(f)(1)(C). 11

‘‘(3) The number of individuals enrolled in 12

workforce development programs funded with a 13

grant under this section. 14

‘‘(i) D

EFINITIONS

.—In this section: 15

‘‘(1) C

OMMUNITY COLLEGE

.—The term ‘com-16

munity college’ means— 17

‘‘(A) a public institution of higher edu-18

cation (as defined in section 101(a) of the 19

Higher Education Act (20 U.S.C. 1001(a))), at 20

which— 21

‘‘(i) the highest degree awarded is an 22

associate degree; or 23

‘‘(ii) an associate degree is the most 24

frequently awarded degree; 25

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‘‘(B) a branch campus of a 4-year public 1

institution of higher education (as defined in 2

section 101 of the Higher Education Act of 3

1965 (20 U.S.C. 1001)), if, at such branch 4

campus— 5

‘‘(i) the highest degree awarded is an 6

associate degree; or 7

‘‘(ii) an associate degree is the most 8

frequently awarded degree; 9

‘‘(C) a 2-year Tribal College or University 10

(as defined in section 316(b)(3) of the Higher 11

Education Act of 1965 (20 U.S.C. 12

1059c(b)(3))); or 13

‘‘(D) a degree-granting Tribal College or 14

University (as defined in section 316(b)(3) of 15

the Higher Education Act of 1965 (20 U.S.C. 16

1059c(b)(3))) at which— 17

‘‘(i) the highest degree awarded is an 18

associate degree; or 19

‘‘(ii) an associate degree is the most 20

frequently awarded degree. 21

‘‘(2) E

LIGIBLE INSTITUTION

.—The term ‘eligi-22

ble institution’ means— 23

‘‘(A) a community college; 24

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‘‘(B) a postsecondary vocational institution 1

(as defined in section 102(c) of the Higher 2

Education Act of 1965 (20 U.S.C. 1002(c))); or 3

‘‘(C) a consortium of such colleges or insti-4

tutions. 5

‘‘(j) S

UPPLEMENT

UPPLANT

.—Funds made 6

available under this section shall be used to supplement, 7

and not supplant, other Federal, State, and local public 8

funds made available for carrying out the activities de-9

scribed in this section.’’. 10

SEC. 180. AUTHORIZATION OF APPROPRIATIONS. 11

Section 174 of the Workforce Innovation and Oppor-12

tunity Act, as so redesignated, is amended— 13

(1) by redesignating subsections (e) and (f) as 14

subsections (g) and (h), respectively; and 15

(2) by striking subsections (a) through (d) and 16

inserting the following: 17

‘‘(a) N

ATIVE

MERICAN

ROGRAMS

.—There are au-18

thorized to be appropriated to carry out section 166 (not 19

including subsection (k) of such section) $61,800,000 for 20

each of the fiscal years 2025 through 2030. 21

‘‘(b) M

IGRANT AND

EASONAL

ARMWORKER

-22

GRAMS

.—There are authorized to be appropriated to carry 23

out section 167 $100,317,900 for each of the fiscal years 24

2025 through 2030. 25

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‘‘(c) T

ECHNICAL

SSISTANCE

.—There are authorized 1

to be appropriated to carry out section 168 $5,000,000 2

for each of the fiscal years 2025 through 2030. 3

‘‘(d) E

VALUATIONS AND

ESEARCH

.—There are au-4

thorized to be appropriated to carry out section 169 5

$12,720,000 for each of the fiscal years 2025 through 6

2030. 7

‘‘(e) R

EENTRY

ROGRAM

.—There are authorized to 8

be appropriated to carry out section 172 $115,000,000 for 9

each of the fiscal years 2025 through 2030. 10

‘‘(f) S

TRENGTHENING

OMMUNITY

OLLEGES

-11

GRAM

.—There are authorized to be appropriated to carry 12

out section 173 $65,000,000 for each of the fiscal years 13

2025 through 2030.’’. 14

Subtitle F—Administration 15

SEC. 191. REQUIREMENTS AND RESTRICTIONS. 16

Section 181(b) of the Workforce Innovation and Op-17

portunity Act is amended by adding at the end the fol-18

lowing: 19

‘‘(8) C

ONSULTATION

.—If an employer provides 20

on-the-job training, incumbent worker training, or 21

employer-directed skill development with funds made 22

available under this title directly to employees of 23

such employer that are subject to a collective bar-24

gaining agreement with the employer, the employer 25

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shall consult with the labor organization that rep-1

resents such employees on the planning and design 2

of such training or development.’’. 3

SEC. 192. GENERAL WAIVERS OF STATUTORY OR REGU-4

LATORY REQUIREMENTS. 5

Section 189(i)(3)(A)(i) of the Workforce Innovation 6

and Opportunity Act (29 U.S.C. 3249(i)(3)(A)(i)) is 7

amended by striking ‘‘procedures for review and approval 8

of plans’’ and inserting ‘‘the procedures for review and 9

approval of plans, the performance reports described in 10

section 116(d), and the requirement described in section 11

134(c)(1)(B)’’. 12

SEC. 193. STATE INNOVATION DEMONSTRATION AUTHOR-13

ITY. 14

Section 190 of the Workforce Innovation and Oppor-15

tunity Act (29 U.S.C. 3250) is amended to read as follows: 16

‘‘SEC. 190. STATE INNOVATION DEMONSTRATION AUTHOR-17

ITY. 18

‘‘(a) P

URPOSE

.—The purpose of this section is to— 19

‘‘(1) authorize States to apply under this sec-20

tion, in the case of an eligible State, on behalf of the 21

entire State, or for any State, on behalf of a local 22

area or a consortium of local areas in the State, to 23

receive the allotments or allocations of the State or 24

the local areas, respectively, for youth workforce in-25

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vestment activities and adult and dislocated worker 1

employment and training activities under this Act, 2

as a consolidated grant for 5 years for the purpose 3

of carrying out a demonstration project to pursue in-4

novative reforms to achieve better outcomes for job-5

seekers, employers, and taxpayers; and 6

‘‘(2) require that rigorous evaluations be con-7

ducted to demonstrate if better outcomes and associ-8

ated innovative reforms were achieved as a result of 9

such demonstration projects. 10

‘‘(b) G

ENERAL

UTHORITY

.— 11

‘‘(1) W

AIVERS AND DEMONSTRATION GRANT

AMOUNTS

.—Notwithstanding any other provision of 13

law, during the demonstration period applicable to a 14

demonstration project approved for a State pursuant 15

to subsection (d)(3), the Secretary shall comply with 16

each of the following: 17

‘‘(A) W

AIVERS

.—Subject to paragraph (2), 18

waive for the State as a whole, or for the local 19

area or the consortium of local areas in such 20

State selected by the State to carry out such 21

demonstration project, all the statutory and 22

regulatory requirements of subtitle A and sub-23

title B. 24

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‘‘(B) D

EMONSTRATION GRANT

AMOUNTS

.—For each fiscal year applicable to 2

such demonstration period: 3

‘‘(i) S

TATE AS A WHOLE

.—In a case 4

of a State approved to carry out a dem-5

onstration project under this section on be-6

half of the State as a whole, distribute as 7

a consolidated sum to the State, for pur-8

poses of carrying out the project, the 9

State’s total allotment for such fiscal year 10

under— 11

‘‘(I) subsections (b)(1)(C) and 12

subsection (c) of section 127; 13

‘‘(II) paragraphs (1)(B) and 14

(2)(B) of section 132(b); and 15

‘‘(III) section 132(c). 16

‘‘(ii) L

OCAL AREA

.—In a case of a 17

local area selected by a State to carry out 18

a demonstration project under this section, 19

require the State to— 20

‘‘(I) distribute as a consolidated 21

sum to the local board for such local 22

area, for purposes of carrying out the 23

project, the local area’s allocation for 24

such fiscal year under— 25

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‘‘(aa) subsections (b) and (c) 1

of section 128; and 2

‘‘(bb) subsections (b) and 3

‘‘(II) if the local board of the 5

local area enters into a written agree-6

ment with the State for the State to 7

serve as the fiscal agent for the local 8

board during the demonstration 9

project, use the funds described in 10

subclause (I) for purposes of carrying 11

out the project on behalf of the local 12

board. 13

‘‘(iii) C

ONSORTIUM OF LOCAL

AREAS

.—In a case of a consortium of local 15

areas selected by a State to carry out a 16

demonstration project under this section, 17

require the State to— 18

‘‘(I) distribute as a consolidated 19

sum to the consortium, for purposes 20

of carrying out the project, the total 21

amount of the allocations for the local 22

areas in such consortium for such fis-23

cal year under— 24

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‘‘(aa) subsections (b) and (c) 1

of section 128; and 2

‘‘(bb) subsections (b) and 3

‘‘(II) if the consortium enters 5

into a written agreement with the 6

State for the State to serve as the fis-7

cal agent for the consortium during 8

the demonstration project, use the 9

funds described in subclause (I) for 10

purposes of carrying out the project 11

on behalf of such consortium. 12

‘‘(2) E

XCEPTIONS

.— 13

‘‘(A) I

N GENERAL

.—A State, local area, or 14

consortium of local areas carrying out a dem-15

onstration project under this section shall com-16

ply with statutory or regulatory requirements of 17

this Act relating to— 18

‘‘(i) performance accountability and 19

reporting, except as otherwise provided in 20

this section; 21

‘‘(ii) the membership of local or State 22

boards in instances where a State carrying 23

out a demonstration project will maintain 24

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the use of such boards during the dem-1

onstration period; and 2

‘‘(iii) the priority of service described 3

in section 134(c)(3)(E). 4

‘‘(B) A

PPLICABILITY OF DEFINED

TERMS

.—In carrying out a demonstration 6

project under this section, a State, local area, 7

or consortium of local areas may only use a 8

term defined in section 3 to describe an activity 9

carried out under such demonstration project if 10

the State, local area, or consortium of local 11

areas gives such term the same meaning as 12

such term is given under such section. 13

‘‘(3) A

UTHORITY FOR THIRD

PARTY EVALUA

-14

TION

.— 15

‘‘(A) I

N GENERAL

.—Not later than 180 16

days after the issuance of the first demonstra-17

tion project awarded under this section, the 18

Secretary shall contract with a third-party eval-19

uator to conduct a rigorous evaluation of each 20

demonstration project for each State, local area, 21

or consortium of local areas awarded a dem-22

onstration project. The evaluation shall— 23

‘‘(i) cover the 5-year period of each 24

demonstration project; 25

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‘‘(ii) compare the employment and 1

earnings outcomes of participants in activi-2

ties carried out under the demonstration 3

project to— 4

‘‘(I) the outcomes of similarly sit-5

uated individuals that do not partici-6

pate in such activities who are located 7

in such State, local area, or a local 8

area in such consortium; and 9

‘‘(II) the outcomes of partici-10

pants in activities under this chapter 11

in the State, local area, or a local area 12

in the consortium that was awarded a 13

waiver prior to the award of such 14

waiver; 15

‘‘(iii) conduct a qualitative analysis 16

that identifies any promising practices or 17

innovate strategies that— 18

‘‘(I) would not have been con-19

ducted without the waiving of statu-20

tory or regulatory provisions through 21

the demonstration project; and 22

‘‘(II) lead to positive employment 23

and earnings outcomes for the partici-24

pants; and 25

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‘‘(iv) compare the outcomes for sub-1

clauses (I) and (II) of clause (i) with re-2

spect to the subpopulations described in 3

section 116(d)(2)(B). 4

‘‘(B) R

EPORT

.—Not later than 2 years 5

after the fifth year of the demonstration project 6

the Secretary shall submit to the Committee on 7

Education and the Workforce of the House of 8

Representatives and the Committee on Health, 9

Education, Labor, and Pensions the results of 10

the evaluation conducted on such project. 11

‘‘(c) D

EMONSTRATION

ERIOD

; L

IMITATIONS

.— 12

‘‘(1) I

N GENERAL

.—A demonstration project 13

approved under this section for a State, local area, 14

or consortium— 15

‘‘(A) shall be carried out for a 5-year dem-16

onstration period; and 17

‘‘(B) may be renewed for an additional 5- 18

year demonstration period if the State, local 19

area, or consortium meets its expected levels of 20

performance established under subsection (f)(1) 21

for each of the final 3 years of the preceding 22

5-year period and achieves a performance im-23

provement of not less than an average of a 5- 24

percent increase across all of the primary indi-25

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cators of performance on the final year of the 1

preceding 5-year period compared with the ex-2

pected levels of performance. 3

‘‘(2) L

IMITATIONS

.— 4

‘‘(A) D

EMONSTRATION PERIOD LIMITA

-5

TIONS

.—For each 5-year demonstration period 6

(including renewals of such period) the Sec-7

retary may not award— 8

‘‘(i) more than 4 demonstration 9

projects to eligible States for the State as 10

a whole under this section; and 11

‘‘(ii) more than 6 demonstration 12

projects to local areas (or consortia of local 13

areas) for a local area (or a consortium) 14

under this section. 15

‘‘(B) S

TATE LIMITATIONS

.—No more than 16

1 demonstration project may be approved under 17

this section per State. For purposes of this 18

paragraph, a demonstration project approved 19

for a local area or a consortium of local areas 20

in a State shall be considered a demonstration 21

project approved under this section for the 22

State. 23

‘‘(3) E

LIGIBLE STATES

.—The Secretary may 24

not approve a statewide demonstration project under 25

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subsection (b)(1)(B)(i) to a State unless, at the time 1

of submission of the application, such State is— 2

‘‘(A) a State designated as a single State 3

local area; or 4

‘‘(B) a State with a labor force participa-5

tion rate that is less than 60 percent for the 6

most recent program year and a population of 7

less than 6,000,000, as determined by the most 8

recent data released by the Census Bureau. 9

‘‘(d) A

PPLICATION

.— 10

‘‘(1) I

N GENERAL

.—To be eligible to carry out 11

a demonstration project under this section, a State 12

shall submit to the Secretary an application at such 13

time and in such manner as the Secretary may rea-14

sonably require, and containing the information de-15

scribed in paragraph (2). 16

‘‘(2) C

ONTENT

.—Each application submitted by 17

a State under this subsection shall include the fol-18

lowing: 19

‘‘(A) A description of the demonstration 20

project to be carried out under this section, in-21

cluding— 22

‘‘(i) whether the project will be car-23

ried out— 24

‘‘(I) by the State as a whole; 25

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‘‘(II) by a local area, and if so— 1

‘‘(aa) an identification of— 2

‘‘(AA) such local area; 3

‘‘(BB) whether the 4

local board for such local 5

area is the fiscal agent for 6

the project, or whether the 7

local board has entered into 8

a written agreement with 9

the State for the State to 10

serve as the fiscal agent dur-11

ing the project; and 12

‘‘(bb) written verification 13

from the local board for such 14

local area that such local board 15

agrees— 16

‘‘(AA) to carry out such 17

project; and 18

‘‘(BB) to the fiscal 19

agent identified in item 20

(aa)(BB); and 21

‘‘(III) by a consortium of local 22

areas in the State, and if so— 23

‘‘(aa) an identification of— 24

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‘‘(AA) each local area 1

that comprises the consor-2

tium; and 3

‘‘(BB) the local area 4

that will serve as the fiscal 5

agent for the consortium 6

during the project, or wheth-7

er the consortium has en-8

tered into a written agree-9

ment with the State for the 10

State to serve as the fiscal 11

agent; and 12

‘‘(bb) written verification 13

from each local board of each 14

local area identified in item 15

(aa)(AA) that such local board 16

agrees— 17

‘‘(AA) to carry out such 18

project as a consortium; and 19

‘‘(BB) to the fiscal 20

agent for the consortium 21

identified in item (aa)(BB); 22

‘‘(ii) a description of the activities to 23

be carried out under the project; and 24

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‘‘(iii) the goals the State, local area, 1

or consortium intends to achieve through 2

such activities, which shall be aligned with 3

purpose described in subsection (a). 4

‘‘(B) A description of the performance out-5

comes the State, the local area, or consortium 6

expects to achieve for such activities for each 7

year of the demonstration period as described 8

in subsection (f)(1). 9

‘‘(C) A description of how the State, local 10

area, or consortium consulted with employers, 11

the State board, and the local boards in the 12

State in determining the activities to carry out 13

under the demonstration project. 14

‘‘(D) A description of how the State will 15

make such activities available to jobseekers and 16

employers in each of the local areas in the State 17

or, in a case of a project that will be carried out 18

by a local area or a consortium, a description 19

of how such services will be made available to 20

jobseekers and employers in such local area or 21

each of the local areas in the consortium. 22

‘‘(E) A description, if appropriate, of how 23

the State, local area, or consortium will inte-24

grate the funds received, and the activities car-25

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ried out, under the demonstration project under 1

this section with State workforce development 2

programs and other Federal, State, or local 3

workforce, education, or social service programs 4

(including the programs and activities listed in 5

section 103(a)(2), the program of adult edu-6

cation and literacy activities authorized under 7

title II, and the program authorized under title 8

I of the Rehabilitation Act of 1973 (29 U.S.C. 9

720 et seq.)). 10

‘‘(F) An assurance that the State, local 11

area, or consortium will meet the requirements 12

of this section. 13

‘‘(3) S

ECRETARIAL APPROVAL

.— 14

‘‘(A) I

N GENERAL

.—Not later than 60 15

days after the date on which a State submits an 16

application under this subsection, the Secretary 17

shall— 18

‘‘(i) in a case in which the application 19

meets the requirements of this section and 20

is not subject to the limitations described 21

in subsection (c)(2), approve such applica-22

tion and the demonstration project de-23

scribed in such application; or 24

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‘‘(ii) provide to the State a written ex-1

planation of initial disapproval that meets 2

the requirements of subparagraph (C). 3

‘‘(B) D

EFAULT APPROVAL

.—With respect 4

to an application submitted by a State under 5

this subsection that is not subject to the limita-6

tions described in subsection (c), if the Sec-7

retary fails to approve such application or pro-8

vide an explanation of initial disapproval for 9

such application as required under subpara-10

graph (A), the application and the demonstra-11

tion project described in such application shall 12

be deemed approved by the Secretary. 13

‘‘(C) I

NITIAL DISAPPROVAL

.—An expla-14

nation of initial disapproval provided by the 15

Secretary to a State under subparagraph (A)(ii) 16

shall provide the State— 17

‘‘(i) a detailed explanation of why the 18

application does not meet the requirements 19

of this section; and 20

‘‘(ii) if the State is not subject to the 21

limitations described in subsection (c), an 22

opportunity to revise and resubmit the 23

State’s application under this section. 24

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‘‘(e) S

TATE

EMONSTRATION

ROJECT

EQUIRE

-1

MENTS

.—A State, local area, or consortium that has been 2

approved to carry out a demonstration project under this 3

section shall meet each of the following requirements: 4

‘‘(1) U

SE OF FUNDS

.—Use the funds received 5

pursuant to subsection (b)(1)(B) solely to carry out 6

the activities of the demonstration project to achieve 7

the goals described in subsection (d)(2)(A). 8

‘‘(2) A

DMINISTRATIVE COSTS LIMITATION

.— 9

Use not more than 10 percent of the funds received 10

pursuant to subsection (b)(1)(B) for a fiscal year for 11

the administrative costs of carrying out the dem-12

onstration project. 13

‘‘(3) P

RIORITY FOR SERVICES

.—Give priority 14

for services under the project to veterans and their 15

eligible spouses in accordance with the requirements 16

of section 4215 of title 38, United States Code, re-17

cipients of public assistance, low-income individuals, 18

and individuals who have foundational skills needs. 19

‘‘(4) N

UMBER OF PARTICIPANTS

.—Serve a 20

number of participants under the activities of the 21

demonstration project for each year of the dem-22

onstration period that— 23

‘‘(A) is greater than the number of partici-24

pants served by such State, local area, or con-25

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sortium under the programs described in sub-1

paragraphs (A) and (C) of section 3(13) for the 2

most recent program year that ended prior to 3

the beginning of the first year of the dem-4

onstration period; or 5

‘‘(B) is not less than the number of par-6

ticipants to be served under the activities of the 7

demonstration project that is agreed upon be-8

tween the State, local area, or consortium, and 9

the Secretary— 10

‘‘(i) prior to the Secretary’s approval 11

of the application submitted under sub-12

section (d); and 13

‘‘(ii) after the Secretary takes into ac-14

count— 15

‘‘(I) the goals the State, local 16

area, or consortium intends to achieve 17

through the demonstration project; 18

and 19

‘‘(II) the participants the State, 20

local area, or consortium intends to 21

serve under such project; and 22

‘‘(iii) prior to approval of the applica-23

tion submitted under subsection (d). 24

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‘‘(5) R

EPORTING OUTCOMES

.—Submit, on an 1

annual basis, to the Secretary a report, with respect 2

to such State, local area, or consortium, on— 3

‘‘(A) participant outcomes for each indi-4

cator of performance described in subsection 5

(f)(1)(A) for the activities carried out under the 6

project; and 7

‘‘(B) the applicable requirements of section 8

116(d)(2), including subparagraphs (B) 9

through (G) and subparagraph (J), as such 10

subparagraphs are applicable to activities under 11

the demonstration project. 12

‘‘(6) C

OMPLIANCE WITH CERTAIN EXISTING RE

-13

QUIREMENTS

.—Comply with the statutory or regu-14

latory requirements listed in subsection (b)(2). 15

‘‘(f) P

ERFORMANCE

CCOUNTABILITY

.— 16

‘‘(1) E

STABLISHMENT OF BASELINE LEVEL

FOR PERFORMANCE

.— 18

‘‘(A) I

N GENERAL

.—Each State shall de-19

scribe in the application submitted under sub-20

section (d), for each year of the demonstration 21

period— 22

‘‘(i) with respect to participants who 23

are at least 25 years old, the expected lev-24

els of performance for each of the indica-25

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tors of performance under section 1

116(b)(2)(A)(i) for the activities carried 2

out under the project under this section, 3

which shall meet the requirements of sub-4

paragraph (B); and 5

‘‘(ii) with respect to participants who 6

are at least 16 years old and no older than 7

24 years old, the expected levels of per-8

formance for each of the indicators of per-9

formance under section 116(b)(2)(A)(ii) 10

for the activities carried out under the 11

project under this section, which shall meet 12

the requirements of subparagraph (B). 13

‘‘(B) 5

TH YEAR

.—Each of the expected 14

levels of performance established pursuant to 15

subparagraph (A) for each of the indicators of 16

performance for the 5th year of the demonstra-17

tion period shall be higher than— 18

‘‘(i) the highest level of performance 19

for the corresponding indicator of perform-20

ance for the programs described in sub-21

paragraph (A) of section 3(13) for the 22

most recent program year that ended prior 23

to the beginning of the first year of the 24

demonstration period; or 25

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‘‘(ii) an alternate baseline level of per-1

formance that is agreed upon between the 2

State and the Secretary— 3

‘‘(I) prior to the Secretary’s ap-4

proval of the application submitted 5

under subsection (d); and 6

‘‘(II) after the Secretary takes 7

into account— 8

‘‘(aa) the goals the State in-9

tends to achieve through the 10

demonstration project; and 11

‘‘(bb) the participants the 12

State intends to serve under such 13

project. 14

‘‘(C) A

GREED LEVEL FOR PERFORMANCE

ON EXPECTED LEVELS OF PERFORMANCE

.— 16

Prior to approving an application for a dem-17

onstration project submitted by a State, and 18

using the expected levels of performance de-19

scribed in such application, the Secretary shall 20

reach an agreement with such State on the ex-21

pected levels of performance for each of the in-22

dicators of performance. In reaching an agree-23

ment on such expected levels of performance, 24

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the Secretary and the State may consider the 1

factors described in section 116(b)(3)(A)(v). 2

‘‘(2) S

ANCTIONS

.— 3

‘‘(A) I

N GENERAL

.—The sanctions de-4

scribed in section 116(f)(1)(B) shall apply to a 5

State, local area, or consortium beginning on 6

the 3rd year of the demonstration period for 7

such State, local area, or consortium, except 8

that the levels of performance established under 9

subsection (f)(1) of this section shall be— 10

‘‘(i) deemed to be the State negotiated 11

levels of performance for purposes of this 12

paragraph; and 13

‘‘(ii) adjusted at the end of each pro-14

gram year to reflect the actual characteris-15

tics of participants served and the actual 16

economic conditions experienced using a 17

statistical adjustment model similar to the 18

model described in section 19

116(b)(3)(A)(viii). 20

‘‘(B) I

NELIGIBILITY FOR RENEWAL

.—A 21

State, local area, or consortium that is subject 22

to such sanctions shall be ineligible to renew its 23

demonstration period under subsection (c). 24

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‘‘(3) I

MPACT OF LOCAL OR CONSORTIUM DEM

-1

ONSTRATIONS ON STATEWIDE ACCOUNTABILITY

.— 2

With respect to a State with an approved dem-3

onstration project for a local area or consortium of 4

local areas in the State— 5

‘‘(A) the performance of such local area or 6

consortium for the programs described in sub-7

paragraphs (A) and (C) of section 3(13) shall 8

not be included in the levels of performance for 9

such State for any of such programs for pur-10

poses of section 116 for any program year that 11

is applicable to any year of the demonstration 12

period; and 13

‘‘(B) with respect to any local areas of the 14

State that are not part of the demonstration 15

project, the State shall reach a new agreement 16

with the Secretary, for purposes of section 17

116(b)(3)(A), on levels of performance for such 18

programs for such program years. 19

‘‘(g) T

ERMINATION

.—Except as provided under sub-20

section (c)(1)(B), the Secretary may not approve a dem-21

onstration project after December 31, 2030.’’. 22

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TITLE II—ADULT EDUCATION 1

AND LITERACY 2

SEC. 201. PURPOSE. 3

Section 202 of the Workforce Innovation and Oppor-4

tunity Act (29 U.S.C. 3271) is amended— 5

(1) in paragraph (1), by inserting ‘‘(including 6

digital literacy skills)’’ before ‘‘necessary’’; and 7

(2) in paragraph (4), by striking ‘‘English lan-8

guage learners’’ and inserting ‘‘English learners’’. 9

SEC. 202. DEFINITIONS. 10

Section 203 of the Workforce Innovation and Oppor-11

tunity Act (29 U.S.C. 3272) is amended— 12

(1) in paragraph (1)— 13

(A) in subparagraph (A), by inserting ‘‘lis-14

ten,’’ after ‘‘write,’’; 15

(B) in subparagraph (B), by striking 16

‘‘and’’ at the end; 17

subparagraph (D); and 19

(D) by inserting after subparagraph (B) 20

the following: 21

‘‘(C) develop and use digital literacy skills; 22

and’’; 23

(2) by redesignating paragraphs (3) through 24

(17) as paragraphs (4) through (18), respectively; 25

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(3) by inserting after paragraph (2) the fol-1

lowing: 2

‘‘(3) D

IGITAL LITERACY SKILLS

.—The term 3

‘digital literacy skills’ means the skills associated 4

with using existing and emerging technologies to 5

find, evaluate, organize, create, and communicate in-6

formation and to complete tasks.’’; 7

(4) in paragraph (5)(C) (as so redesignated)— 8

(A) by striking clause (i) and inserting the 9

following: 10

‘‘(i) has foundational skills needs;’’; 11

and 12

(B) in clause (iii), by striking ‘‘English 13

language learner’’ and inserting ‘‘English learn-14

er’’; 15

(5) in paragraph (7)(A) (as so redesignated), by 16

striking ‘‘English language learners’’ and inserting 17

‘‘English learners’’; 18

(6) in paragraph (8) (as so redesignated)— 19

(A) in the paragraph header, by striking 20

‘‘

LANGUAGE

’’; and 21

(B) in the matter preceding subparagraph 22

(A), by striking ‘‘English language’’ and insert-23

ing ‘‘English’’; 24

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(7) in paragraph (10) (as so redesignated), by 1

inserting ‘‘and educational’’ after ‘‘economic’’; 2

(8) in paragraph (13) (as so redesignated)— 3

(A) by striking ‘‘English language learner’’ 4

and inserting ‘‘English learner’’; and 5

(B) by striking ‘‘workforce training’’ and 6

inserting ‘‘skills development, preparation for 7

postsecondary education or employment, and fi-8

nancial literacy instruction’’; and 9

(9) in paragraph (14) (as so redesignated)— 10

(A) by striking ‘‘and solve’’ and insert 11

‘‘solve’’; and 12

(B) by inserting ‘‘and use digital tech-13

nology,’’ after ‘‘problems,’’. 14

SEC. 203. AUTHORIZATION OF APPROPRIATIONS. 15

Section 206 of the Workforce Innovation and Oppor-16

tunity Act (29 U.S.C. 3275) is amended to read as follows: 17

‘‘SEC. 206. AUTHORIZATION OF APPROPRIATIONS. 18

‘‘There are authorized to be appropriated to carry out 19

this title $751,042,100 for each of the fiscal years 2025 20

through 2030.’’. 21

SEC. 204. PERFORMANCE ACCOUNTABILITY SYSTEM. 22

Section 212 of the Workforce Innovation and Oppor-23

tunity Act (29 U.S.C. 3292) is amended by striking ‘‘sec-24

tion 116.’’ and inserting ‘‘section 116, except that the in-25

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dicator described in subsection (b)(2)(A)(i)(VI) of such 1

section shall be applied as if it were the percentage of pro-2

gram participants who exited the program during the pro-3

gram year and completed an integrated education and 4

training program.’’. 5

SEC. 205. MATCHING REQUIREMENT. 6

Section 222(b) of the Workforce Innovation and Op-7

portunity Act (29 U.S.C. 3302(b)) is amended by adding 8

at the end the following: 9

‘‘(3) P

UBLIC AVAILABILITY OF INFORMATION

ON MATCHING FUNDS

.—Each eligible agency shall 11

maintain, on a publicly accessible website of such 12

agency and in an easily accessible format, informa-13

tion documenting the non-Federal contributions 14

made available to adult education and family literacy 15

programs pursuant to this subsection, including— 16

‘‘(A) the sources of such contributions, ex-17

cept that in the case of private contributions, 18

names of the individuals or entities providing 19

such contributions may not be disclosed; and 20

‘‘(B) in the case of funds made available 21

by a State or outlying area, an explanation of 22

how such funds are distributed to eligible pro-23

viders.’’. 24

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SEC. 206. STATE LEADERSHIP ACTIVITIES. 1

Section 223(a) of the Workforce Innovation and Op-2

portunity Act (29 U.S.C. 3303(a)) is amended— 3

(1) in paragraph (1)— 4

(A) in subparagraph (A), by striking ‘‘ac-5

tivities.’’ and inserting ‘‘activities and the iden-6

tification of opportunities to coordinate with ac-7

tivities supported under the Carl D. Perkins 8

Career and Technical Education Act of 2006 9

(20 U.S.C. 2301 et seq.) to expand integrated 10

education and training programs.’’; 11

(B) in subparagraph (C)— 12

(i) in clause (ii), by striking ‘‘and’’ at 13

the end; 14

(ii) in clause (iii), by striking the pe-15

riod at the end and inserting ‘‘; and’’; and 16

(iii) by adding at the end the fol-17

lowing: 18

‘‘(iv) assistance in reporting partici-19

pant outcomes for the performance ac-20

countability system described in section 21

212, including facilitating partnerships 22

with the appropriate State entities to con-23

duct matches with State administrative 24

data (such as wage records) to determine 25

program performance on the indicators of 26

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performance described in subclauses (I) 1

through (III) of section 116(b)(2)(A)(i).’’; 2

subparagraph (F); and 4

(D) by inserting after subparagraph (C) 5

the following: 6

‘‘(D) The development or identification 7

(which may be done in coordination with other 8

States) of instructional materials that— 9

‘‘(i) are designed to meet the needs of 10

adult learners and English learners; 11

‘‘(ii) to the extent practicable, are evi-12

dence-based; and 13

‘‘(iii) will improve the instruction pro-14

vided pursuant to the local activities re-15

quired under section 231(b). 16

‘‘(E) The dissemination of instructional 17

materials described in subparagraph (D) to eli-18

gible providers to improve the instruction pro-19

vided pursuant to the local activities required 20

under section 231(b), including instructional 21

materials that— 22

‘‘(i) were developed for integrated 23

education and training in an in-demand in-24

dustry or occupation within the State; and 25

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‘‘(ii) lead to English language acquisi-1

tion, a recognized postsecondary credential, 2

or both.’’; and 3

(2) in paragraph (2)— 4

(A) in subparagraph (I)(i)— 5

(i) by striking ‘‘mathematics, and 6

English’’ and inserting ‘‘mathematics, 7

English’’; and 8

(ii) by striking ‘‘acquisition;’’ and in-9

serting ‘‘acquisition, and digital literacy 10

skills;’’; 11

(B) in subparagraph (J), by striking ‘‘re-12

tention.’’ and inserting ‘‘retention, such as the 13

development and maintenance of policies for 14

awarding recognized postsecondary credentials 15

to adult educators who demonstrate effective-16

ness at improving the achievement of adult stu-17

dents.’’; 18

‘‘English language learners,’’ and inserting 20

‘‘English learners,’’; 21

(D) by redesignating subparagraph (M) as 22

subparagraph (O); and 23

(E) by inserting after subparagraph (L) 24

the following: 25

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‘‘(M) Performance incentive payments to 1

eligible providers, including incentive payments 2

linked to increased use of integrated employ-3

ment and training or other forms of instruction 4

linking adult education with the development of 5

occupational skills for an in-demand occupation 6

in the State. 7

‘‘(N) Strengthening the quality and effec-8

tiveness of adult education and family literacy 9

programs in the State through support for pro-10

gram quality standards and accreditation re-11

quirements.’’. 12

SEC. 207. PROGRAMS FOR CORRECTIONS EDUCATION AND 13

OTHER INSTITUTIONALIZED INDIVIDUALS. 14

Section 225 of the Workforce Innovation and Oppor-15

tunity Act (29 U.S.C. 3305)) is amended— 16

(1) by redesignating subsections (d) and (e) as 17

subsections (e) and (f), respectively; and 18

(2) by inserting after subsection (c) the fol-19

lowing: 20

‘‘(d) C

OORDINATION

.—Each eligible agency that is 21

using assistance provided under this section to carry out 22

a program for criminal offenders within a correctional in-23

stitution shall— 24

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‘‘(1) coordinate such educational programs with 1

career and technical education activities provided to 2

individuals in State institutions from funds reserved 3

under section 112(a)(2)(A) of the Carl D. Perkins 4

Career and Technical Education Act of 2006 (20 5

U.S.C. 2322(a)(2)(A)); and 6

‘‘(2) identify opportunities to develop integrated 7

education and training opportunities for such indi-8

viduals.’’. 9

SEC. 208. GRANTS AND CONTRACTS FOR ELIGIBLE PRO-10

VIDERS. 11

Section 231 of the Workforce Innovation and Oppor-12

tunity Act (29 U.S.C. 3321) is amended— 13

(1) in subsection (e)— 14

(A) in paragraph (1)(B)(ii), by striking 15

‘‘English language learners’’ and inserting 16

‘‘English learners’’; 17

(B) in paragraph (5)— 18

(i) in subparagraph (A), by striking 19

‘‘and’’ at the end; 20

(ii) in subparagraph (B), by adding 21

‘‘and’’ at the end; and 22

(iii) by adding at the end the fol-23

lowing: 24

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‘‘(C) uses instructional materials that are 1

designed to meet the needs of adult learners 2

and English learners and are evidence-based (to 3

the extent practicable), which may include, but 4

shall not be required to include, the instruc-5

tional materials disseminated by the State 6

under section 223(a)(1)(D);’’; and 7

(i) by striking ‘‘speaking,’’ and insert-9

ing ‘‘speaking and listening,’’; and 10

(ii) by inserting before the semicolon 11

at the end the following: ‘‘, which may in-12

clude the application of the principals of 13

universal design for learning’’; and 14

(2) by adding at the end the following: 15

‘‘(f) C

OST

NALYSIS

.—In determining the amount of 16

funds to be awarded in grants or contracts under this sec-17

tion, the eligible agency may consider the costs of pro-18

viding learning in context, including integrated education 19

and training and workplace adult education and literacy 20

activities, and the extent to which the eligible provider in-21

tends to serve individuals using such activities, in order 22

to align the amount of funds awarded with such costs.’’. 23

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SEC. 209. LOCAL APPLICATION. 1

Section 232 of the Workforce Innovation and Oppor-2

tunity Act (29 U.S.C. 3322) is amended— 3

(1) in paragraph (4), by inserting ‘‘and coordi-4

nate with the appropriate State entity’’ after ‘‘data’’; 5

(2) in paragraph (6), by striking ‘‘and’’ at the 6

end; 7

(3) by redesignating paragraph (7) as para-8

graph (8); and 9

(4) by inserting after paragraph (6) the fol-10

lowing: 11

‘‘(7) a description of how the eligible provider 12

will provide learning in context, including through 13

partnerships with employers to offer workplace adult 14

education and literacy activities and integrated edu-15

cation and training; and’’. 16

SEC. 210. LOCAL ADMINISTRATIVE COST LIMITS. 17

Section 233(a) of the Workforce Innovation and Op-18

portunity Act (29 U.S.C. 3323(a)) is amended— 19

(1) in paragraph (1), by striking ‘‘95’’ and in-20

serting ‘‘85’’; and 21

(2) by amending paragraph (2) to read as fol-22

lows: 23

‘‘(2) of the remaining amount— 24

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‘‘(A) not more than 10 percent may be 1

used for professional development for adult edu-2

cators; and 3

‘‘(B) not more than 5 percent shall be 4

used for planning, administration (including 5

carrying out the requirements of section 116), 6

professional development of administrative 7

staff, and the activities described in paragraphs 8

(3) and (5) of section 232.’’. 9

SEC. 211. NATIONAL LEADERSHIP ACTIVITIES. 10

Section 242 of the Workforce Innovation and Oppor-11

tunity Act (29 U.S.C. 3332) is amended— 12

(1) in subsection (b)(1), by striking ‘‘116;’’ and 13

inserting ‘‘116, including the dissemination of effec-14

tive practices used by States to use administrative 15

data to determine program performance and reduce 16

the data collection and reporting burden on eligible 17

providers;’’; 18

(2) in paragraphs (1)(B) and (2)(C)(vii)(I) of 19

subsection (c), by striking ‘‘English language learn-20

ers’’ and inserting ‘‘English learners’’; and 21

(3) in subsection (c)(2)— 22

(A) in subparagraph (F), by striking 23

‘‘and’’ at the end; 24

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(B) by redesignating subparagraph (G) as 1

subparagraph (I); and 2

the following: 4

‘‘(G) developing and rigorously evaluating 5

programs for the preparation of effective adult 6

educators and disseminating the results of such 7

evaluations; 8

‘‘(H) carrying out initiatives to support the 9

effectiveness and impact of adult education, 10

that States may adopt on a voluntary basis, 11

through— 12

‘‘(i) the development and dissemina-13

tion of staffing models that prioritize dem-14

onstrated effectiveness and continuous im-15

provement in supporting the learning of 16

adult students; and 17

‘‘(ii) the evaluation and improvement 18

of program quality standards and accredi-19

tation requirements; and’’. 20

SEC. 212. INTEGRATED ENGLISH LITERACY AND CIVICS 21

EDUCATION. 22

Section 243(c)(1) of the Workforce Innovation and 23

Opportunity Act (29 U.S.C. 3333(c)(1)) is amended by 24

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striking ‘‘English language learners’’ and inserting 1

‘‘English learners’’. 2

TITLE III—AMENDMENTS TO 3

OTHER LAWS 4

SEC. 301. AMENDMENTS TO THE WAGNER-PEYSER ACT. 5

(a) D

EFINITIONS

.—Section 2(5) of the Wagner- 6

Peyser Act (29 U.S.C. 49a(5)) is amended by inserting 7

‘‘the Commonwealth of the Northern Mariana Islands, 8

American Samoa,’’ after ‘‘Guam,’’. 9

(b) U

NEMPLOYMENT

OMPENSATION

EQUIRE

-10

MENT

.—Section 5(b)(1) of such Act is amended by insert-11

ing ‘‘the Commonwealth of the Northern Mariana Islands, 12

American Samoa,’’ after ‘‘Guam,’’. 13

LLOTMENTS

.—Section 6 of such Act (29 U.S.C. 14

49e) is amended— 15

(1) in subsection (a)— 16

(A) by striking ‘‘except for Guam’’ and in-17

serting ‘‘except for Guam, the Commonwealth 18

of the Northern Mariana Islands, and American 19

Samoa’’; 20

(B) by striking ‘‘first allot to Guam and 21

the Virgin Islands’’ and inserting the following: 22

‘‘first allot— 23

‘‘(1) to Guam and the Virgin Islands’’; 24

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inserting ‘‘; and’’; and 2

(D) by adding at the end the following: 3

‘‘(2) beginning with the first fiscal year for 4

which the total amount available for allotments 5

under this section is greater than the total amount 6

available for allotments under this section for fiscal 7

year 2024, and for each succeeding fiscal year, to 8

each of the Commonwealth of the Northern Mariana 9

Islands and American Samoa, an amount which is 10

equal to one-half of the amount allotted to Guam 11

under paragraph (1) for such fiscal year.’’; and 12

(2) in subsection (b)(1), in the matter following 13

subparagraph (B), by inserting ‘‘, the Common-14

wealth of the Northern Mariana Islands, American 15

Samoa,’’ after ‘‘Guam’’. 16

(d) U

SE OF

UNDS

.—Section 7 of such Act (29 17

U.S.C. 49f) is amended— 18

(1) in subsection (a)(1), by striking ‘‘and refer-19

ral to employers’’ and inserting ‘‘referral to employ-20

ers, and the activities described in section 21

134(c)(2)(A) of the Workforce Innovation and Op-22

portunity Act (29 U.S.C. 3174(c)(2)(A)), as amend-23

ed by the A Stronger Workforce for America Act’’; 24

and 25

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(2) in subsection (e), by inserting ‘‘and in an 1

integrated manner as described in section 2

134(c)(2)(A) of the Workforce Innovation and Op-3

portunity Act (29 U.S.C. 3174(c)(2)(A)), as amend-4

ed by the A Stronger Workforce for America Act’’ 5

before the period at the end. 6

(e) W

ORKFORCE AND

ABOR

ARKET

NFORMATION

YSTEM

.—Section 15 of such Act (29 U.S.C. 49l–2) is 8

amended— 9

(1) in subsection (a)(1)— 10

(A) in subparagraph (A)— 11

(i) in the matter preceding clause (i), 12

by striking ‘‘timely manner’’ and inserting 13

‘‘manner that is as close to real-time as 14

practicable’’; 15

(ii) in clause (i), by striking ‘‘part- 16

time, and seasonal workers’’ and inserting 17

‘‘part-time, contingent, and seasonal work-18

ers, and workers engaged in alternative 19

employment arrangements’’; 20

(iii) by redesignating clauses (iii) and 21

(iv) as clauses (iv) and (v), respectively; 22

and 23

(iv) by inserting after clause (ii), the 24

following: 25

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‘‘(iii) real-time trends in new and 1

emerging occupational roles, and in new 2

and emerging skills by occupation and in-3

dustry, with particular attention paid to 4

State and local conditions;’’; 5

(B) in subparagraph (B)(i), by inserting 6

‘‘(including, to the extent practicable, real- 7

time)’’ after ‘‘current’’; and 8

‘‘user-friendly manner and’’ and inserting 10

‘‘manner that is available on-demand and is 11

user-friendly,’’; 12

(2) in subsection (b)(2)(F)— 13

(A) in clause (i), by striking ‘‘; and’’ and 14

inserting ‘‘(including, to the extent practicable, 15

provided in real time);’’; 16

(B) by redesignating clause (ii) as clause 17

(iii); and 18

amended, the following: 20

‘‘(ii) the capabilities of digital tech-21

nology and modern data collection ap-22

proaches are effectively utilized; and’’; and 23

(3) by amending subsection (g) to read as fol-24

lows: 25

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‘‘(g) A

UTHORIZATION OF

PPROPRIATIONS

.—There 1

are authorized to be appropriated to carry out this section 2

$64,532,600 for each of the fiscal years 2025 through 3

2030.’’. 4

SEC. 302. JOB TRAINING GRANTS. 5

Section 414(c) of the American Competitiveness and 6

Workforce Improvement Act of 1998 (29 U.S.C. 3224a) 7

is amended to read as follows: 8

‘‘(c) J

RAINING

RANTS

.— 9

‘‘(1) A

LLOTMENT

.— 10

‘‘(A) I

N GENERAL

.—Of the funds available 11

under section 286(s)(2) of the Immigration and 12

Nationality Act (8 U.S.C. 1356(s)(2)), the Sec-13

retary of Labor shall— 14

‘‘(i) return permanently 12 percent of 15

such amounts in each fiscal year to the 16

general fund of the Treasury; and 17

‘‘(ii) of the remainder, make allot-18

ments to each State that receives an allot-19

ment under section 132(b) of the Work-20

force Innovation and Opportunity Act (29 21

U.S.C. 3172) for the purpose of providing 22

training services through individual train-23

ing accounts for eligible dislocated workers 24

as described in paragraph (2)(A). 25

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‘‘(B) R

ESERVATION

;

ALLOTMENT AMONG

STATES

.— 2

‘‘(i) R

ESERVATION

.—From the 3

amount made available under subpara-4

graph (A)(ii) for a fiscal year, the Sec-5

retary shall reserve not more than

⁄

of 1 6

percent of such amount to provide assist-7

ance to the outlying areas for the purpose 8

described in paragraph (2)(A). 9

‘‘(ii) A

LLOTMENT AMONG STATES

.— 10

The Secretary shall use the remainder of 11

the amount made available under subpara-12

graph (A)(ii) for a fiscal year to make al-13

lotments to States described in such sub-14

paragraph on the following basis: 15

‘‘(I) 33 and

⁄

percent shall be 16

allotted on the basis of the relative 17

number of unemployed individuals in 18

each such State, compared to the total 19

number of unemployed individuals in 20

all such States. 21

‘‘(II) 33 and

⁄

percent shall be 22

allotted based on the relative number 23

of disadvantaged adults in each such 24

State, compared to the total number 25

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of disadvantaged adults in all such 1

States. 2

‘‘(III) 33 and

⁄

percent shall be 3

allotted on the basis of the relative 4

number of individuals in the civilian 5

labor force in each such State, com-6

pared to the total number in the civil-7

ian labor force in all such States. 8

‘‘(iii) D

ISADVANTAGED ADULT DE

-9

FINED

.—For purposes of this subpara-10

graph and subparagraph (C), the term 11

‘disadvantaged adult’ has the meaning 12

given such term in section 13

132(b)(1)(B)(v)(IV) of the Workforce In-14

novation and Opportunity Act (29 U.S.C. 15

3172(b)(1)(B)(v)(IV)). 16

‘‘(iv) R

EALLOTMENT

.— 17

‘‘(I) I

N GENERAL

.—The Sec-18

retary of Labor shall, in accordance 19

with this clause, reallot to eligible 20

States amounts that are made avail-21

able to States from allotments made 22

under this subparagraph (referred to 23

individually in this subsection as a 24

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‘State allotment’) and that are avail-1

able for reallotment. 2

‘‘(II) A

MOUNT

.—The amount 3

available for reallotment for a pro-4

gram year is equal to the amount by 5

which the unobligated balance of the 6

State allotment, at the end of the pro-7

gram year prior to the program year 8

for which the determination under 9

this subclause is made, exceeds 20 10

percent of such allotment for the prior 11

program year. 12

‘‘(III) R

EALLOTMENT

.—In mak-13

ing reallotments to eligible States of 14

amounts available pursuant to sub-15

clause (II) for a program year, the 16

Secretary shall allot to each eligible 17

State an amount based on the relative 18

amount of the State allotment for the 19

program year for which the deter-20

mination is made, as compared to the 21

total amount of the State allotments 22

for all eligible States for such pro-23

gram year. 24

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‘‘(IV) E

LIGIBILITY

.—For pur-1

poses of this subsection, an eligible 2

State means a State that does not 3

have an amount available for reallot-4

ment under subclause (II) for the pro-5

gram year for which the determina-6

tion under subclause (II) is made. 7

‘‘(C) W

ITHIN STATE ALLOCATIONS

.— 8

‘‘(i) I

N GENERAL

.—The Governor 9

shall allocate the funds allotted to the 10

State under subparagraph (B)(ii) for a fis-11

cal year to the local areas in the State on 12

the following basis: 13

‘‘(I) 33 and

⁄

percent of the 14

funds on the basis described in sub-15

paragraph (B)(ii)(I). 16

‘‘(II) 33 and

⁄

percent of the 17

funds on the basis described in sub-18

paragraph (B)(ii)(II). 19

‘‘(III) 33 and

⁄

percent of the 20

funds on the basis described in sub-21

paragraph (B)(ii)(III). 22

‘‘(ii) A

PPLICATION

.—For purposes of 23

carrying out clause (i)— 24

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‘‘(I) references in subparagraph 1

(B)(ii) to a State shall be deemed to 2

be references to a local area; and 3

‘‘(II) references in subparagraph 4

(B)(ii) to all States shall be deemed to 5

be references to all local areas in the 6

State involved. 7

‘‘(iii) R

EALLOCATION AMONG LOCAL

AREAS

.— 9

‘‘(I) I

N GENERAL

.—The Gov-10

ernor may, in accordance with this 11

clause and after consultation with the 12

State board, reallocate to eligible local 13

areas within the State amounts that 14

are made available to local areas from 15

allocations made under this subpara-16

graph (referred to individually in this 17

subsection as a ‘local allocation’) and 18

that are available for reallocation. 19

‘‘(II) A

MOUNT

.—The amount 20

available for reallocation for a pro-21

gram year is equal to the amount by 22

which the unobligated balance of the 23

local allocation, at the end of the pro-24

gram year prior to the program year 25

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for which the determination under 1

this subclause is made, exceeds 20 2

percent of such allocation for the 3

prior program year. 4

‘‘(III) R

EALLOCATION

.—In mak-5

ing reallocations to eligible local areas 6

of amounts available pursuant to sub-7

clause (II) for a program year, the 8

Governor shall allocate to each eligible 9

local area within the State an amount 10

based on the relative amount of the 11

local allocation for the program year 12

for which the determination is made, 13

as compared to the total amount of 14

the local allocations for all eligible 15

local areas in the State for such pro-16

gram year. 17

‘‘(IV) E

LIGIBILITY

.—For pur-18

poses of this subsection, an eligible 19

local area means a local area that 20

does not have an amount available for 21

reallotment under subclause (II) for 22

the program year for which the deter-23

mination under subclause (II) is 24

made. 25

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‘‘(2) U

SE OF FUNDS

.— 1

‘‘(A) I

N GENERAL

.—Funds allocated pur-2

suant to paragraph (1) to a local area shall be 3

used to pay, through the use of an individual 4

training account in the accordance with section 5

134(c)(3)(F)(iii) of the Workforce Innovation 6

and Opportunity Act (29 U.S.C. 7

3174(c)(3)(F)(iii)), an eligible provider of train-8

ing services from the list of eligible providers of 9

training services described in section 122(d) of 10

such Act (29 U.S.C. 3152(d)) for training serv-11

ices provided to eligible dislocated workers in 12

the local area. 13

‘‘(B) R

EQUIREMENTS FOR LOCAL

AREAS

.—As a condition of receipt of funds 15

under paragraph (1), a local area shall agree to 16

each of the following: 17

‘‘(i) R

EQUIRED NOTICE TO WORK

-18

ERS

.—Prior to an eligible dislocated work-19

er selecting a program of training services 20

from the list of eligible providers of train-21

ing services under section 122(d) of the 22

Workforce Innovation and Opportunity Act 23

(29 U.S.C. 3152(d)), the local area shall 24

inform such dislocated worker of any op-25

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portunities the dislocated worker may have 1

to participate in on-the-job training or em-2

ployer-directed skills development funded 3

through such local area. 4

‘‘(ii) A

MOUNTS AVAILABLE

.—Except 5

as provided in clause (iv)(II), a local 6

area— 7

‘‘(I) may not limit the maximum 8

amount available for an individual 9

training account for an eligible dis-10

located worker under subparagraph 11

(A) to an amount that is less than 12

$5,000; and 13

‘‘(II) may not pay an amount, 14

through the use of an individual train-15

ing account under subparagraph (A), 16

for training services provided to an el-17

igible dislocated worker that exceeds 18

the costs of such services. 19

‘‘(iii) WIOA

FUNDS

.—A local area 20

may not use funds made available to the 21

local area for a fiscal year pursuant to sec-22

tion 134(c)(1)(B) of the Workforce Innova-23

tion and Opportunity Act (29 U.S.C. 24

3174(c)(1)(B)) to make payments under 25

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subparagraph (A) until the funds allocated 1

to the local area pursuant to paragraph (1) 2

of this subsection for such fiscal year have 3

been exhausted. 4

‘‘(iv) E

XHAUSTION OF ALLOCA

-5

TIONS

.—Upon the exhaustion of the funds 6

allocated to the local area pursuant to 7

paragraph (1) of this subsection, for the 8

purpose of paying, through the use of indi-9

vidual training accounts under subpara-10

graph (A), the costs of training services for 11

eligible dislocated workers in the local area 12

seeking such services, the local area— 13

‘‘(I) shall use any funds made 14

available to the local area pursuant to 15

section 134(c)(1)(B) of the Workforce 16

Innovation and Opportunity Act (29 17

U.S.C. 3174(c)(1)(B)) to pay for such 18

costs under subparagraph (A) (other 19

than any costs that exceed the limit 20

set by the local area pursuant to sub-21

clause (II)); and 22

‘‘(II) for any eligible dislocated 23

worker who is not a low-income indi-24

vidual, may limit the maximum 25

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amount available for the individual 1

training account under subparagraph 2

(A) for such worker to an amount 3

that is less than $5,000. 4

‘‘(3) E

LIGIBLE DISLOCATED WORKER

.—A dis-5

located worker shall be an eligible dislocated worker 6

for purposes of this subsection if the dislocated 7

worker— 8

‘‘(A) meets the requirements under section 9

134(c)(3)(A)(i) of the Workforce Innovation 10

and Opportunity Act (29 U.S.C. 11

3174(c)(3)(A)(i)) to be eligible for training 12

services; 13

‘‘(B) has not received training services 14

through an individual training account under 15

this subsection or under section 16

134(c)(3)(F)(iii) of Workforce Innovation and 17

Opportunity Act (29 U.S.C. 3174(c)(3)(F)(iii)) 18

during the preceding 5-year period or, if such 19

a worker has received such training services 20

during such period, the worker has been grant-21

ed an exception by the local area due to an ex-22

ceptional circumstance, as determined by the 23

local area; and 24

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‘‘(C) is not subject to any limitations es-1

tablished by the local area or State involved 2

pursuant to paragraph (4), which would dis-3

qualify such dislocated worker from being an el-4

igible dislocated worker under this subsection. 5

‘‘(4) S

TATE OR LOCAL AREA LIMITATIONS

.—A 6

State or local area may establish limitations on the 7

eligibility of an otherwise eligible dislocated worker 8

who has previously received training services through 9

an individual training account under this subsection 10

or under section 134(c)(3)(F)(iii) of the Workforce 11

Innovation and Opportunity Act (29 U.S.C. 12

3174(c)(3)(F)(iii)) to receive a subsequent individual 13

training account under this subsection. 14

‘‘(5) E

XCESS DEMAND

.—Upon the exhaustion 15

of the funds allocated to a local area pursuant to 16

paragraph (1) of this subsection and any funds that 17

may be available to such local area pursuant to sec-18

tion 134(c)(1)(B) of the Workforce Innovation and 19

Opportunity Act (29 U.S.C. 3174(c)(1)(B)) for the 20

purpose described in paragraph (2)(A) of this sub-21

section, the local area— 22

‘‘(A) may request additional funds for such 23

purpose from the Governor under section 24

134(a)(2)(A)(i)(III) of the Workforce Innova-25

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tion and Opportunity Act (29 U.S.C. 1

3174(a)(2)(A)(i)(III)); and 2

‘‘(B) shall not be required to pay for train-3

ing services or establish an individual training 4

account for an eligible dislocated worker. 5

‘‘(6) D

EFINITIONS

.—Except as otherwise speci-6

fied, a term used in this subsection shall have the 7

meaning given such term in section 3 of the Work-8

force Innovation and Opportunity Act (29 U.S.C. 9

3102). 10

‘‘(7) R

ULE OF CONSTRUCTION

.—Nothing in 11

this subsection shall be construed to provide an indi-12

vidual with an entitlement to a service under this 13

subsection or under title I of the Workforce Innova-14

tion and Opportunity Act (29 U.S.C. 3111 et seq.) 15

or to mandate a State or local area to provide a 16

service if Federal funds are not available for such 17

service.’’. 18

SEC. 303. ACCESS TO NATIONAL DIRECTORY OF NEW 19

HIRES. 20

Section 453(j)(8) of the Social Security Act (42 21

U.S.C. 653(j)(8)) is amended— 22

(1) in paragraph (A)— 23

(A) by inserting ‘‘or administering the per-24

formance accountability system required under 25

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section 116 of the Workforce Innovation and 1

Opportunity Act (29 U.S.C. 3141)’’ after 2

‘‘State law’’; and 3

(B) by inserting ‘‘or such system’’ after 4

‘‘such program’’; and 5

(2) in paragraph (C)(i), by inserting ‘‘or sys-6

tem’’ after ‘‘program’’. 7

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