[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7309 Reported in House (RH)]
<DOC>
Union Calendar No. 240
117th CONGRESS
2d Session
H. R. 7309
[Report No. 117-321]
To reauthorize the Workforce Innovation and Opportunity Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 31, 2022
Mr. Scott of Virginia (for himself, Ms. Wilson of Florida, Ms.
Bonamici, Mr. Castro of Texas, Mrs. Cherfilus-McCormick, Mr. Courtney,
Mrs. Hayes, Mr. Jones, Mrs. McBath, Mr. Mfume, Mr. Morelle, Mr. Mrvan,
Mr. Norcross, Mr. Sablan, Ms. Stevens, Ms. Sherrill, Mr. Takano, and
Mr. Levin of Michigan) introduced the following bill; which was
referred to the Committee on Education and Labor
May 12, 2022
Additional sponsors: Mr. DeSaulnier, Ms. Leger Fernandez, Ms. Omar, Ms.
Jayapal, Ms. Adams, Ms. Manning, Mr. Suozzi, Mr. Danny K. Davis of
Illinois, Mr. Johnson of Georgia, Mr. Trone, Ms. Escobar, Mr. Smith of
Washington, Ms. Bass, Mrs. Lawrence, Ms. Scanlon, Mrs. Watson Coleman,
Mrs. Axne, Mr. Carson, Mr. Langevin, Ms. Norton, Ms. Sewell, Mr.
Schneider, Mr. Carter of Louisiana, Mr. Evans, Ms. Titus, Mr. Horsford,
Mr. Bishop of Georgia, Ms. Tlaib, Ms. Bourdeaux, Mr. Casten, Mr.
Gallego, Ms. Williams of Georgia, Mr. Larsen of Washington, Ms. Blunt
Rochester, Ms. Brownley, Mr. Krishnamoorthi, Mr. Espaillat, and Mr.
Butterfield
May 12, 2022
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on March
31, 2022]
_______________________________________________________________________
A BILL
To reauthorize the Workforce Innovation and Opportunity Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Workforce Innovation and Opportunity
Act of 2022''.
SEC. 2. REFERENCES.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3101 et seq.).
SEC. 3. TRANSITION PROVISIONS.
(a) Workforce Development Systems and Investment Activities.--The
Secretary of Labor and the Secretary of Education shall take such
actions as the Secretaries determine to be appropriate to provide for
the orderly transition from any authority under subtitle A of title I
of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et
seq.), as in effect on the day before the date of enactment of this
Act, to any authority under subtitle A of title I of such Act (29
U.S.C. 3111 et seq.), as amended by this Act. Such actions shall
include the provision of guidance related to unified State planning,
combined State planning, and the performance accountability system
described in such subtitle.
(b) Workforce Investment Activities.--The Secretary of Labor shall
take such actions as the Secretary determines to be appropriate to
provide for the orderly transition from any authority under the
subtitles B through E of title I of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3151 et seq.), as in effect on the day
before the date of enactment of this Act, to any authority under
subtitles B through E of title I of such Act, as amended by this Act.
(c) Adult Education and Literacy Programs.--The Secretary of
Education shall take such actions as the Secretary determines to be
appropriate to provide for the orderly transition from any authority
under the Adult Education and Family Literacy Act (20 U.S.C. 9201 et
seq.), as in effect on the day before the date of enactment of this
Act, to any authority under the Adult Education and Family Literacy
Act, as amended by this Act.
(d) Employment Services Activities.--The Secretary of Labor shall
take such actions as the Secretary determines to be appropriate to
provide for the orderly transition from any authority under the Wagner-
Peyser Act (29 U.S.C. 49 et seq.), as in effect on the day before the
date of enactment of this Act, to any authority under the Wagner-Peyser
Act, as amended by this Act.
(e) Regulations.--
(1) Proposed regulations.--Not later than 180 days after
the date of enactment of this Act, the Secretary of Labor and
the Secretary of Education, as appropriate, shall develop and
publish in the Federal Register proposed regulations relating
to the transition to, and implementation of, the Workforce
Innovation and Opportunity Act, as amended by this Act, and the
Wagner-Peyser Act, as amended by this Act.
(2) Final regulations.--Not later than 18 months after the
date of enactment of this Act, the Secretaries described in
paragraph (1), as appropriate, shall develop and publish in the
Federal Register final regulations relating to the transition
to, and implementation of, the Workforce Innovation and
Opportunity Act, as amended by this Act, and the Wagner-Peyser
Act, as amended by this Act.
(f) Expenditure of Funds During Transition.--
(1) In general.--Subject to paragraph (2) and in accordance
with regulations developed under subsection (f), States, grant
recipients, administrative entities, and other recipients of
financial assistance under the Workforce Innovation and
Opportunity Act (29 U.S.C. 3101 et seq.), as in effect before
the date of enactment of this Act, may expend funds received
under such Act in order to plan and implement programs and
activities under the Workforce Innovation and Opportunity Act,
as amended by this Act.
(2) Additional requirements.--Not more than 2 percent of
any allotment to any State from amounts appropriated under the
Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et
seq.), as in effect on the day before the date of enactment of
this Act, for fiscal year 2022 may be made available to carry
out activities authorized under paragraph (1) and not less than
50 percent of any amount used to carry out activities
authorized under paragraph (1) shall be made available to local
entities for the purposes of the activities described in such
paragraph.
SEC. 4. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided in this Act, this
Act, including the amendments made by this Act, shall take effect on
the first day of the first full program year after the date of
enactment of this Act.
(b) Exceptions.--Sections 102, 103, and 108 of the Workforce
Innovation and Opportunity Act, as amended by this Act, shall apply to
plans for the second full program year after the date of enactment of
this Act, including the development, submission, and approval of such
plans during the first full program year after such date.
SEC. 5. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. References.
Sec. 3. Transition provisions.
Sec. 4. Effective date.
Sec. 5. Table of contents.
TITLE I--DEFINITIONS AND OTHER GENERAL MATTERS
Sec. 101. Definitions.
Sec. 102. WIOA table of contents.
TITLE II--WORKFORCE DEVELOPMENT ACTIVITIES
Subtitle A--System Alignment
Chapter 1--State Provisions
Sec. 201. State workforce development boards.
Sec. 202. Unified State plan.
Sec. 203. Combined State plan.
Chapter 2--Local Provisions
Sec. 206. Workforce development areas.
Sec. 207. Local workforce development boards.
Sec. 208. Local plan.
Chapter 3--Performance Accountability
Sec. 211. Performance accountability system.
Subtitle B--Workforce Investment Activities and Providers
Chapter 1--Workforce Investment Activities and Providers
Sec. 221. Establishment of one-stop delivery systems.
Sec. 222. Identification of eligible providers of training services.
Chapter 2--Youth Workforce Investment Activities
Sec. 231. State allotments.
Sec. 232. Within State allocations.
Sec. 233. Use of funds for youth workforce investment activities.
Sec. 234. Summer and year-round employment for youth.
Chapter 3--Adult and Dislocated Worker Employment and Training
Activities
Sec. 241. Within State allocations.
Sec. 242. Use of funds for employment and training activities.
Chapter 4--General Workforce Investment Provisions
Sec. 251. Authorization of appropriations.
Subtitle C--Job Corps
Sec. 261. Amendments relating to Job Corps.
Subtitle D--National Programs
Sec. 271. Native American Programs.
Sec. 272. Migrant and seasonal farmworker programs.
Sec. 273. Technical assistance.
Sec. 274. Evaluations and research.
Sec. 275. National dislocated worker grants.
Sec. 276. YouthBuild program.
Sec. 277. Strengthening community colleges training grants program.
Sec. 278. Reentry employment opportunities.
Sec. 279. Sectoral employment through career training for occupational
readiness (sector) program.
Sec. 280. Workforce Data Quality Initiative Grants.
Sec. 281. Authorization of appropriations.
Subtitle E--Administration
Sec. 291. Nondiscrimination.
Sec. 292. Secretarial administrative authorities and responsibilities.
Sec. 293. Guard rails for program integrity.
TITLE III--ADULT EDUCATION AND FAMILY LITERACY
Sec. 301. Family literacy.
Sec. 302. Purpose.
Sec. 303. Definitions.
Sec. 304. Authorization of appropriations.
Sec. 305. Performance accountability system.
Sec. 306. State distribution of funds; matching requirement.
Sec. 307. State leadership activities.
Sec. 308. Grants and contracts for eligible providers.
Sec. 309. Local administrative cost limits.
Sec. 310. National leadership activities.
Sec. 311. Integrated English literacy and civics education.
Sec. 312. Technical corrections to other laws.
TITLE IV--GENERAL PROVISIONS
Sec. 401. Prohibition of national database management.
Sec. 402. Accessibility.
TITLE V--AMENDMENTS TO THE WAGNER-PEYSER ACT
Sec. 501. Inclusion of Commonwealth of the Northern Mariana Islands and
American Samoa.
Sec. 502. Workforce and labor market information system.
TITLE VI--AMENDMENTS TO THE REHABILITATION ACT OF 1973
Sec. 601. Authorization of appropriations.
TITLE I--DEFINITIONS AND OTHER GENERAL MATTERS
SEC. 101. DEFINITIONS.
(a) Foundational Skill Needs.--Paragraph (5) of section 3 (29
U.S.C. 3102) is amended to read as follows:
``(5) Foundational skill needs.--The term `foundational
skill needs' means, with respect to an individual--
``(A) who is a youth or adult, that the individual
has English reading, writing, or computing skills at or
below the 8th grade level on a generally accepted
standardized test; or
``(B) who is a youth or adult, that the individual
is unable to compute or solve problems, or read, write,
or speak English, or does not possess digital literacy,
interpersonal communication, time management, critical
thinking, or financial literacy skills at a level
necessary to function on the job, in the individual's
family, or in society.''.
(b) Career Pathway.--Paragraph (7) of section 3 (29 U.S.C. 3102) is
amended to read as follows:
``(7) Career pathway.--The term `career pathway' means a
combination of rigorous and high-quality education, training,
and other services that--
``(A) are designed to support progression towards
attainment of a recognized postsecondary credential;
``(B) align with the skill needs of industries in
the economy of the State or regional economy involved;
``(C) include multiple entry and exit points;
``(D) prepare an individual to be successful in any
of a full range of secondary or postsecondary education
options, including apprenticeship programs;
``(E) provide career services, including counseling
to support an individual in achieving the individual's
education and career goals, and helping the individual
to identify and access a path to skills and credentials
that are needed for the educational and career
advancement of the individual;
``(F) include supportive services or provides
assistance in applying for and accessing direct support
services, means-tested Federal benefit programs, or
similar State, tribal, or local benefit programs;
``(G) include, as appropriate, education offered
concurrently with and in the same context as workforce
preparation activities and training for a specific
occupation or occupational cluster (such as through
work-based learning opportunities);
``(H) organize education, training, and other
services to meet the particular needs of an individual
in a manner that accelerates the educational and career
advancement of the individual to the extent
practicable;
``(I) enable an individual to attain a secondary
school diploma or its recognized equivalent as
applicable, and at least 1 recognized postsecondary
credential; and
``(J) help an individual enter or advance within a
specific occupation or occupational cluster.'';
(c) Dislocated Worker.--Paragraph (15) of section 3 (29 U.S.C.
3102) is amended--
(1) in subparagraph (A)--
(A) in clause (i), by adding ``and'' at the end;
(B) in clause (ii)--
(i) in subclause (I), by striking ``or'' at
the end;
(ii) in subclause (II), by striking ``and''
at the end and inserting ``or''; and
(iii) by adding at the end the following:
``(III) has been an unemployed individual for 27
weeks or more;''; and
(C) by striking clause (iii);
(2) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(3) by adding after subparagraph (C) the following:
``(D)(i) is currently underemployed and engaged in
the occasional performance of services for
remuneration; and
``(ii) is self-employed, is seeking part-time
employment, and does not have sufficient work history
to qualify, or otherwise would not qualify for regular
unemployment or extended benefits under State or
Federal law;''; and
(4) in subparagraph (E), as so redesignated, by striking
``homemaker'' and inserting ``caregiver''.
(d) Displaced Caregiver.--Paragraph (16) of section 3 (29 U.S.C.
3102) is amended--
(1) in the heading, by striking ``homemaker'' and inserting
``caregiver'';
(2) in the matter preceding subparagraph (A)--
(A) by striking ``homemaker'' and inserting
``caregiver'';
(B) by striking ``family members'' and inserting
``a family member'';
(3) in subparagraph (A)--
(A) in clause (i), by striking ``or'' at the end;
(B) in clause (ii), by striking ``and'' at the end
and inserting ``or''; and
(C) by adding at the end the following:
``(iii) has involuntarily left the labor market to
provide care for a relative or dependent, which may be
validated through self-attestation in a manner
consistent with section 402A(e) of the Higher Education
Act of 1965 (20 U.S.C. 1070a-11(e)); and''.
(e) Eligible Youth.--Paragraph (18) of section 3 (29 U.S.C. 3102)
is amended to read as follows:
``(18) Eligible youth.--Except as provided in subtitles C
and D of title I, the term `eligible youth' means--
``(A) an opportunity youth; or
``(B) a youth who is not younger than 14 years of
age and not older than 24 years of age, who can self-
attest, in a manner consistent with section 402A(e) of
the Higher Education Act of 1965 (20 U.S.C. 1070a-
11(e)), that the youth--
``(i) is attending school (as defined by
State law);
``(ii) is a low-income individual; and
``(iii) is one or more of the following:
``(I) An English learner.
``(II) An individual impacted by
the juvenile or adult justice system.
``(III) A homeless individual (as
defined in section 41403(6) of the
Violence Against Women Act of 1994 (42
U.S.C. 14043e-2(6))), a homeless child
or youth (as defined in section 725(2)
of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a(2))),
a runaway, a child or youth in foster
care or who has aged out of the foster
care system, a child or youth eligible
for assistance under section 477 of the
Social Security Act (42 U.S.C. 677), or
a child or youth in an out-of-home
placement.
``(IV) An individual who is
pregnant or parenting.
``(V) An individual with a
disability.''.
(f) English Learner.--Paragraph (21) of section 3 (29 U.S.C. 3102)
is amended--
(1) in the heading, by striking ``language''; and
(2) by striking ``language''.
(g) Individual With a Barrier to Employment.--Paragraph (24) of
section 3 (29 U.S.C. 3102) is amended to read as follows:
``(24) Individual with a barrier to employment.--The term
`individual with a barrier to employment' means a member of 1
or more of the following populations:
``(A) Displaced caregivers.
``(B) Low-income individuals.
``(C) Indians, Alaska Natives, and Native
Hawaiians, as such terms are defined in section 166.
``(D) Individuals with disabilities, including
youth who are individuals with disabilities.
``(E) Older individuals.
``(F) Justice-involved individuals.
``(G) Homeless individuals (as defined in section
41403(6) of the Violence Against Women Act of 1994 (42
U.S.C. 14043e-2(6))), or homeless children and youths
(as defined in section 725(2) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a(2))).
``(H) Youth who are in or have aged out of the
foster care system.
``(I) Individuals who are English learners,
individuals who have low levels of literacy including
digital literacy, or individuals facing substantial
cultural barriers.
``(J) Eligible migrant and seasonal farmworkers, as
defined in section 167(i).
``(K) Individuals who exhausted lifetime
eligibility under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.).
``(L) Single parents (including single pregnant
women).
``(M) Long-term unemployed individuals.
``(N) The spouse of, or youth with a parent who
is--
``(i) a member of the armed forces (as such
term is defined in section 101(a)(4) of title
10, United States Code);
``(ii) on active duty (as such term is
defined in section 101(d)(1) of such title);
and
``(iii) deployed or recently transferred.
``(O) Individuals who have been historically
underserved and marginalized as a result of race,
color, national origin, sexual orientation, or gender
identity.
``(P) Such other groups as the Governor involved
determines to have barriers to employment.''.
(h) Labor Market Area.--Paragraph (30) of section 3 (29 U.S.C.
3102) is amended by inserting ``and the economic development agency''
after ``Department of Labor''.
(i) Low-income Individual.--Paragraph (36) of section 3 (29 U.S.C.
3102) is amended--
(1) in subparagraph (A)--
(A) by amending subclause (I) of clause (ii) to
read as follows:
``(I) 150 percent of the poverty
line (exclusive of unemployment
compensation, child support payments,
payments described in this
subparagraph, and old-age and survivors
insurance benefits received under
section 202 of the Social Security Act
(42 U.S.C. 402)); or'';
(B) in clause (v), by striking ``or'' at the end;
(C) in clause (vi), by striking the period at the
end and inserting ``; or''; and
(D) by adding at the end the following:
``(vii) is an individual who is--
``(I) an eligible migrant or
seasonal farmworker, as defined in
section 167(i); and
``(II) in a family with total
family income that does not exceed 150
percent of the poverty line.''; and
(2) in subparagraph (B), by striking ``based on the most
recent lower living family budget issued by the Secretary''.
(j) Nontraditional Employment.--Paragraph (37) of section 3 (29
U.S.C. 3102) is amended to read as follows:
``(37) Nontraditional employment.--The term `nontraditional
employment' refers to occupations or fields of work, for which
a group of individuals (such as individuals from the same
gender, race, or ethnicity), the members of which--
``(A) comprise less than 25 percent of the
individuals employed in each such occupation or field
of work; or
``(B) comprise a percentage of individuals employed
in such occupation that is lower than the percentage of
the total population comprised by such members, based
on the most recent data from the Bureau of the
Census.''.
(k) Justice-involved Individual.--Paragraph (38) of section 3 (29
U.S.C. 3102) is amended--
(1) in the heading, by striking ``Offender'' and inserting
``Justice-involved individual''; and
(2) by striking ``offender'' and inserting ``justice-
involved individual''.
(l) Opportunity Youth.--Paragraph (46) of section 3 (29 U.S.C.
3102) is amended to read as follows:
``(46) Opportunity youth.--The term `opportunity youth'--
``(A) means an individual--
``(i) who is not younger than 16 years of
age and not older than 24 years of age; and
``(ii) who can self-attest to a one-stop
operator or one-stop center, in a manner
consistent with section 402A(e) of the Higher
Education Act of 1965 (20 U.S.C. 1070a-11(e))
that the individual is--
``(I) not attending any school (as
defined under State law); and
``(II) not employed; and
``(B) except in the case of an individual who is a
low-income individual and has foundational skill needs,
does not include any individual who is a recipient of a
secondary school diploma or its recognized
equivalent.''.
(m) Rapid Response Activity.--Paragraph (51) of section 3 (29
U.S.C. 3102) is amended by inserting ``in a job position of similar
wages and benefits, to the greatest extent possible, or on the job
training for a new occupation or industry,'' after ``reemployment''.
(n) State.--Paragraph (56) of section 3 (29 U.S.C. 3102) is amended
by striking ``the Commonwealth of''.
(o) Supportive Services.--Paragraph (59) of section 3 (29 U.S.C.
3102) is amended to read as follows:
``(59) Supportive services.--The term `supportive services'
means services such as transportation, child care, dependent
care, housing, food and nutrition services, mental health care
supports, substance use disorder treatment, access to
broadband, affordable internet connection, or digital devices
with connection to the internet, assistive technology, and
needs-related payments, that are necessary to enable an
individual to participate in workforce development
activities.''.
(p) Additional Definitions.--Section 3 (29 U.S.C. 3102), as amended
by this section, is further amended--
(1) by adding at the end the following new paragraphs:
``(72) Apprenticeship program.--The term `apprenticeship
program' means a program registered under the Act of August 16,
1937 (commonly known as the `National Apprenticeship Act'; 50
Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).
``(73) Coenrollment.--The term `coenrollment' means
simultaneous enrollment in more than one of the programs or
activities carried out by a one-stop partner in section
121(b)(1)(B).
``(74) Competency.--The term `competency' means the
attainment of knowledge, skills, and abilities in a subject
area, as specified by an occupational skill standard and
demonstrated by an appropriate written, oral, hands-on, or
other appropriate proficiency measurement.
``(75) Digital literacy skills.--The term `digital literacy
skills' has the meaning given the term in section 202(A) of the
Museum and Library Services Act (20 U.S.C. 9101(2)).
``(76) Evidence-based.--The term `evidence-based', when
used with respect to an activity, strategy, or intervention,
means an activity, strategy or intervention that--
``(A) demonstrates a statistically significant
effect on improving participant outcomes or other
relevant outcomes based on--
``(i) strong evidence from at least 1 well-
designed and well-implemented experimental
study;
``(ii) moderate evidence from at least 1
well-designed and well-implemented quasi-
experimental study; or
``(iii) promising evidence from at least 1
well-designed and well-implemented
correlational study with statistical controls
for selection bias; or
``(B)(i) demonstrates a rationale based on high-
quality research findings or positive evaluation that
such activity, strategy, or intervention is likely to
improve student outcomes or other relevant outcomes;
and
``(ii) includes ongoing efforts to examine the
effects of such activity, strategy, or intervention.
``(77) Labor organization.--The term `labor organization'
has the meaning given the term in section 2(5) of the National
Labor Relations Act (29 U.S.C. 152(5)), except that such term
shall also include--
``(A) any organization composed of labor
organizations, such as a labor union federation or a
State or municipal labor body; and
``(B) any organization which would be included in
the definition for such term under such section 2(5)
but for the fact that the organization represents--
``(i) individuals employed by the United
States, any wholly owned Government
corporation, any Federal Reserve Bank, or any
State or political subdivision thereof;
``(ii) individuals employed by persons
subject to the Railway Labor Act (45 25 U.S.C.
151 et seq.); or
``(iii) individuals employed as
agricultural laborers.
``(78) Perkins-eligible agency.--The term `Perkins-eligible
agency' has the meaning given the term `eligible agency' in
section 3 of the Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2302).
``(79) Pre-apprenticeship program.--The term `pre-
apprenticeship program' means a training model or program
that--
``(A) is designed to prepare participants to enter
an apprenticeship program;
``(B) has a written agreement with 1 or more
sponsors of apprenticeship programs that would enable
participants who successfully complete the pre-
apprenticeship program--
``(i) to enter into the apprenticeship
program if a place in the program is available
and if the participant meets the qualifications
of the apprenticeship program; and
``(ii) to earn credits towards the
apprenticeship program;
``(C) includes skills development (including a
curriculum for the skills development) aligned with
industry standards related to an apprenticeship program
created in consultation with sponsors of the
apprenticeship program that are parties to the written
agreement under subparagraph (B), and that will prepare
participants by teaching the skills and competencies
needed to enter 1 or more apprenticeship programs; and
``(D) does not displace a paid employee.
``(80) Work-based learning.--The term `work-based learning'
has the meaning given the term in section 3 of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2302).
``(81) Workforce agency.--The term `workforce agency' means
the State agency or local agency responsible for administering
workforce development activities or the workforce development
system.'';
(2) by striking paragraphs (27) and (54); and
(3) by reordering paragraphs (1) through (71), as amended
by this section, and the paragraphs added by paragraph (1) of
this subsection in alphabetical order, and renumbering such
paragraphs as so reordered.
SEC. 102. WIOA TABLE OF CONTENTS.
The table of contents in section 1(b) of the Workforce Innovation
and Opportunity Act is amended--
(1) by adding at the end of the items relating to chapter 2
of subtitle B of title I the following:
``Sec. 130. Summer and year-round employment for youth.'';
(2) by striking the item relating to section 172 and
inserting the following:
``Sec. 172. Strengthening Community Colleges Training Grants Program.
``Sec. 173. Reentry employment opportunities
``Sec. 174. Sectoral employment through career training for
occupational readiness (sector) program.
``Sec. 175. Workforce data quality initiative grants.
``Sec. 176. Authorization of appropriations.''; and
(3) by adding at the end of the item relating to subtitle A
of title V, the following:
``Sec. 507. Accessibility.''.
TITLE II--WORKFORCE DEVELOPMENT ACTIVITIES
Subtitle A--System Alignment
CHAPTER 1--STATE PROVISIONS
SEC. 201. STATE WORKFORCE DEVELOPMENT BOARDS.
(a) Membership.--Section 101(b)(1)(C) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3111(b)(1)(C)) is amended--
(1) in clause (ii)--
(A) in the matter preceding subclause (I), by
striking ``20 percent'' and inserting ``30 percent'';
(B) in subclause (III), by inserting ``, justice-
involved individuals,'' after ``veterans''; and
(C) in subclause (IV), by striking ``out-of-
school'' and inserting ``opportunity''; and
(2) in clause (iii)--
(A) in subclause (I)--
(i) by striking ``and'' at the end of item
(aa); and
(ii) by adding at the end the following:
``(cc) State agency
officials responsible for the
daily administration of
education programs in the
State, including secondary
education and adult education
programs, and chief executive
officers (or their
representatives) of community
colleges and other institutions
of higher education; and''; and
(B) in subclause (II)--
(i) by amending item (bb) to read as
follows:
``(bb) State agency
officials responsible for adult
or juvenile justice programs in
the State;'';
(ii) by striking ``and'' at the end of item
(cc); and
(iii) by striking item (dd); and
(iv) by adding at the end the following:
``(dd) State agency
officials responsible for
vocational rehabilitation; and
``(ee) State agency
officials responsible for
economic development.''.
(b) Diverse and Distinct Representation.--Section 101(b)(2) (29
U.S.C. 3111(b)(2)) is amended by inserting before the period at the end
the following: ``, and diverse demographic populations of the State''.
(c) Functions.--Section 101(d) (29 U.S.C. 3111(d)) is amended--
(1) in paragraph (3)--
(A) in subparagraph (A), strike ``and avoid
duplication'' and insert ``avoid duplication, and
leverage resources and expertise'';
(B) in subparagraph (B)--
(i) by inserting ``and expand'' after
``support''; and
(ii) by striking ``enter or retain
employment'' and inserting ``enter in, retain,
or progress in employment'';
(C) in subparagraph (C)--
(i) by inserting ``and equitable'' after
``effective''; and
(ii) by inserting ``, including individuals
with barriers to employment'' after ``system'';
(D) in subparagraph (E), by striking
``identification of'' and inserting ``continued
identification of and support for'';
(E) in subparagraph (F)--
(i) by inserting ``affiliated sites,''
after ``partners,''; and
(ii) by striking ``services and
supportive'' and inserting ``services, career
services, and supportive''; and
(F) in subparagraph (G), by inserting ``ongoing''
after ``support'';
(2) in paragraph (5)--
(A) in subparagraph (A), by striking ``centers,
relating to the use of business outreach, partnerships,
and service delivery strategies, including'' and
inserting ``centers, including the use of evidence-
based strategies for such operations, the latest in
digital technology and tools, and the use of
partnerships to expand and improve services to
jobseekers and workers, including'';
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(C) by inserting after subparagraph (A) the
following:
``(B) local boards and one-stop centers on
effective outreach and enhanced services to businesses,
joint labor-management partnerships, industry
associations, and industry or sector partnerships, to
provide employment and training activities reflective
of regional economic priorities and the skill and
competency needs of in-demand industry sectors and
occupations;''; and
(D) in subparagraph (D), as so redesignated, by
striking ``adaptability, to'' and inserting
``adaptablity to reduce the time required for
attainment of a recognized postsecondary credential or
reskilling, and''; and
(3) in paragraph (7)--
(A) in the matter preceding subparagraph (A), by
striking ``technological improvements to facilitate
access'' and inserting ``improvements in the use of
digital technology to facilitate and expand access'';
(B) by amending subparagraphs (B) and (C) to read
as follows:
``(B) accelerate--
``(i) the acquisition of skills,
competencies, and recognized postsecondary
credentials by participants with respect to an
in-demand industry sector or occupation in a
State or local area; and
``(ii) the matching of participants to
career pathways and employment opportunities
based on the skills, competencies, and
recognized postsecondary credentials attained
by such participants;
``(C) strengthen the professional development of
providers and workforce professionals, ensuring
professional development activities include--
``(i) trauma-informed practices and human-
centered design that serve individuals with
barriers to employment;
``(ii) preparing providers and workforce
professionals to use the latest technology;
``(iii) accessing and understanding labor
market data; and
``(iv) ensuring equitable access and
service delivery for individuals who have been
historically underserved, marginalized, and
adversely affected as a result of race,
ethnicity, or gender, including training on
customer-centered service delivery, racial
bias, cultural competence, occupational
stereotyping, and strategies for increasing
participant and worker voices; and''; and
(C) in subparagraph (D), by striking ``with
disabilities and individuals'' and inserting ``with
barriers to employment, including individuals with
disabilities, and to individuals''.
SEC. 202. UNIFIED STATE PLAN.
Section 102 (29 U.S.C. 3112) is amended--
(1) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) Strategic planning elements.--The unified State plan
shall include strategic planning elements consisting of a
strategic vision and goals for preparing an educated and
skilled workforce, that include--
``(A) a summary and conclusions of analysis
conducted of the economic conditions in the State using
labor market information, including--
``(i) existing and emerging in-demand
industry sectors and occupations;
``(ii) the industry or sector partnerships
within the State and the opportunities for
expansion of such partnerships to support
sector-specific initiatives;
``(iii) projected industries or sectors
within the State expected to decline or face
significant changes in employment
opportunities; and
``(iv) the employment needs of employers,
including a description of the knowledge,
skills, competencies, and abilities currently
needed and projected to be needed, in those
industries and occupations;
``(B) a summary and conclusions of analysis
conducted of the current workforce using labor market
information, employment and unemployment data, labor
market trends, and the educational and skill levels of
the workforce, including individuals with barriers to
employment, in the State;
``(C) an analysis of the workforce development
activities (including supportive services, career
services, education, and training) in the State, in
coordination with the Perkins-eligible agency in the
State, in order to address the identified education and
skill needs of the workforce and the employment needs
of employers in the State, including--
``(i) an analysis of the strengths and
weaknesses of such activities;
``(ii) the capacity of State entities to
provide such activities that meet the specific
needs of youth, including opportunity youth,
and individuals with barriers to employment;
``(iii) an analysis of educational, skill,
and competency levels of individuals served by
the workforce system as compared to such levels
required to address the employment needs in the
State; and
``(iv) an analysis of the career pathways
offered within the State, including an analysis
of how such pathways are aligned to the
education and training needs of the current and
future workforce within the State, and the
development and expansion of career pathways to
meet current and future workforce needs;
``(D) a description of--
``(i) the State's strategic vision and
goals for preparing an educated and skilled
workforce, including preparing youth (including
opportunity youth), and individuals with
barriers to employment and for meeting the
skilled workforce needs of employers (including
in existing and emerging in-demand industry
sectors and occupations as identified by the
State), and goals of the State relating to
performance accountability measures based on
primary indicators of performance described in
section 116(b)(2)(A), in order to support
economic growth and economic self-sufficiency;
``(ii) how the State will assess the
overall effectiveness of the workforce
investment system in the State;
``(iii) the career pathways offered within
the State, including an analysis of how such
pathways are aligned to the education and
training needs of the current and future
workforce within the State, and the development
and expansion of career pathways to meet
current and future workforce needs; and
``(iv) how the State will work with local
areas to achieve equitable service delivery and
outcomes for individuals with barriers to
employment, including employment and earnings
outcomes by applying the information provided
in the State equity report, for such State
under section 116(f);
``(E) a description of strategies the State intends
to adopt to achieve the vision and each goal described
in subparagraph (D) through--
``(i) joint planning, alignment,
coordination, and leveraging of funds between--
``(I) core programs under this Act;
and
``(II) other Federal programs, as
determined appropriate by the State,
such as--
``(aa) programs and
activities under the Carl D.
Perkins Career and Technical
Education Act of 2006 (20
U.S.C. 2301 et seq.);
``(bb) programs under the
Elementary and Secondary
Education Act of 1965 (20
U.S.C. 6301 et seq.);
``(cc) programs under the
Individuals with Disabilities
Education Act (20 U.S.C. 1400
et seq.);
``(dd) programs under the
Higher Education Act of 1965
(20 U.S.C. 1001 et seq.);
``(ee) apprenticeship
programs; and
``(ff) the Medicaid program
under title XIX of the Social
Security Act (42 U.S.C. 1396 et
seq.); and
``(ii) the provision of information about
access to available State assistance or
assistance under related Federal programs,
including such assistance under--
``(I) section 6(d) of the Food and
Nutrition Act of 2008 (7 U.S.C.
2015(d));
``(II) section 3672(c)(1) of title
38, United States Code;
``(III) section 231 of the Second
Chance Act of 2007 (34 U.S.C. 60541);
and
``(IV) the State Temporary
Assistance for Needy Families programs
under part A of title IV of the Social
Security Act.'';
(B) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(C) by inserting after paragraph (1) the following:
``(2) Plan development.--
``(A) In general.--The Governor and State board
shall--
``(i) develop the unified State plan in
consultation with--
``(I) representatives of local
boards and chief elected officials;
``(II) the community colleges in
the State;
``(III) eligible providers of
training services, including eligible
providers of nontraditional training
services and eligible providers of
apprenticeship programs and pre-
apprenticeship programs, and eligible
providers of on-the-job training,
customized training, incumbent worker
training, internships, paid or unpaid
work experience opportunities, or
transitional jobs, secondary schools
and institutions of higher education
(including institutions offering career
and technical education programs,
minority-serving institutions, and
historically Black colleges and
universities), and providers of
supported employment services;
``(IV) interested community
representatives, including community-
based organizations;
``(V) individuals with barriers to
employment or organizations
representing such individuals;
``(VI) representatives of business
and industry, including representatives
of small business and representatives
of industry and sector partnerships in
the State;
``(VII) representatives of labor
organizations and joint labor-
management organizations in the State;
``(VIII) representatives of
agencies serving opportunity youth, and
homeless children and youth, including
the State Coordinator for Education of
Homeless Children and Youths
established or designated under section
722(d)(3) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C.
11432(d)(3));
``(IX) representatives of Indian
tribes and tribal organizations located
in, or providing services in, the
State;
``(X) representatives of the
Perkins-eligible agency;
``(XI) representatives of the adult
education and literacy community; and
``(XII) other primary stakeholders;
and
``(ii) consult the heads of other State
agencies with respect to the development of the
unified State plan, including the State
designated unit under subparagraph (A) of
section 101(a)(11) of the Rehabilitation Act of
1973.
``(B) Public comment.--
``(i) Written comments.--Not less than 60
days prior to submission of the unified State
plan, the Governor shall provide stakeholders
described in subparagraph (A)(i) with the
opportunity to provide written comments on the
unified State plan that shall--
``(I) be included in the final
unified State plan; and
``(II) include comments on whether
and how the unified State plan--
``(aa) meets the
requirements of this Act;
``(bb) supports the
improvement of performance of
individuals with barriers to
employment;
``(cc) supports the
employment needs of the State
(including the business
community, labor organizations,
education and training
providers, and other relevant
parties), including in the
design and content of the
training, work experience,
career exploration, on-the-job
training, and other career and
training activities (including
information related to
employment opportunities, wage
rates, benefits, career
pathways, and in-demand
industry sectors and
occupations); and
``(dd) takes into account
collective bargaining
agreements that include
training or subsidized
employment, including how the
elements of such training or
employment may affect the
bargaining agreement (such as
wages, benefits, and other
factors).
``(ii) State workforce agency response.--
Each unified State plan shall include a written
response to the comments provided by
stakeholders under clause (i).'';
(D) in paragraph (3), as so redesignated--
(i) in subparagraph (B)--
(I) in clause (iv), by striking
``colleges and area career and
technical education schools'' and
inserting ``colleges, secondary schools
and area career and technical education
schools, and adult education providers
under title II'';
(II) in clause (v), by striking
``and'' at the end;
(III) by amending clause (vi) to
read as follows:
``(vi) how the State's strategy will--
``(I) improve access to activities
leading to a recognized postsecondary
credential (including credentials that
are portable, stackable, and aligned to
high-skill, high-wage, or in-demand
industry sectors and occupations); and
``(II) assess and validate the
skills and competencies of such
credentials and alignment to new or
existing career pathways; and''; and
(IV) by adding at the end the
following:
``(vii) how the State will work with local
areas to achieve equitable service delivery and
outcomes for individuals with barriers to
employment by applying the information provided
in the State equity report for such State under
section 116(f).'';
(ii) in subparagraph (D)--
(I) in clause (i)(II), by striking
``local boards and chief elected
officials in determining the planning
regions'' and inserting ``State
economic development agency to support
alignment to the extent practicable,
local boards and chief elected
officials in determining the planning
regions and work of such regions''; and
(II) in clause (ii)--
(aa) in subclause (V), by
inserting ``and'' at the end;
and
(bb) by adding at the end
the following:
``(VI) how the eligible agency will
promote the professionalization of
adult education through the adoption of
full-time staffing models, including,
at the eligible agency's discretion,
how the eligible agency will give
funding priority to local providers
that have adopted such models;''; and
(iii) in subparagraph (E)--
(I) in clause (iii)--
(aa) in subclause (I), by
inserting ``, ensuring that
services and resources are
accessible throughout the State
and local areas, including in
urban, rural and suburban
areas'' after ``such
programs''; and
(bb) by amending subclause
(II) to read as follows:
``(II) that the State obtained input into
the development of the unified State plan and
provided an opportunity for comment on the plan
by the individuals listed in subsection
(b)(2)(A)(i), and that the unified State plan
is published on a publicly accessible
website;''; and
(II) by striking ``and'' at the end
of clause (ix);
(III) in clause (x), by striking
the period at the end and inserting a
semicolon; and
(IV) by adding at the end the
following:
``(xi) that the employment services
authorized under sections 1 through 13 of the
Wagner-Peyser Act (29 U.S.C. 49 et seq.) are
performed by public employees under a merit
system; and
``(xii) that the State will not prohibit
self-attestation in a manner consistent with
section 402A(e) of the Higher Education Act of
1965 (20 U.S.C. 1070a-11(e)) as a means for
determining eligibility for a program or
service under this Act of any individual who is
so self-attesting.''; and
(2) in subsection (c)--
(A) in paragraph (1)(A), by striking ``the
Workforce Innovation and Opportunity Act'' and
inserting ``the Workforce Innovation and Opportunity
Act of 2022''; and
(B) by striking paragraph (4)
SEC. 203. COMBINED STATE PLAN.
Section 103(a)(2) (29 U.S.C. 3113(a)(2)) is amended by adding at
the end the following:
``(L) State Apprenticeship Agencies, as
applicable.''.
CHAPTER 2--LOCAL PROVISIONS
SEC. 206. WORKFORCE DEVELOPMENT AREAS.
(a) Regions.--Section 106(a)(1) (29 U.S.C. 3121(a)(1)) is amended--
(1) by striking ``this Act'' and inserting ``the Workforce
Innovation and Opportunity Act of 2022'' ; and
(2) by inserting ``, the State economic development agency,
the State apprenticeship agency, as applicable,'' after ``local
boards''.
(b) Local Areas.--Section 106(b) (29 U.S.C. 3121(b)) is amended--
(1) in paragraph (1)--
(A) by amending subparagraph (A)(ii) to read as
follows:
``(ii) after consultation with the State
economic development agency, chief elected
officials, and local boards, and consideration
of comments received through the public comment
process as described in section
102(b)(2)(E)(iii)(II).'';
(B) in subparagraph (B)--
(i) in clause (ii), by striking ``and'' at
the end;
(ii) in clause (iii)--
(I) by striking ``higher education
and'' and inserting ``higher
education,''; and
(II) by striking the period at the
end and inserting ``, and
apprenticeship and pre-apprenticeship
programs; and''; and
(iii) by adding at the end the following:
``(iv) improve service delivery and
efficiency under the workforce development
system, and provide for sufficient access to
comprehensive one-stop centers and affiliated
sites.''; and
(C) by adding at the end the following:
``(C) Consultations.--The State economic
development agency, chief elected officials, and local
boards shall provide such consultations as requested by
the Governor in a timely manner.'';
(2) by amending paragraph (2) to read as follows:
``(2) Initial designation.--During the first 2 full program
years following the date of enactment of the Workforce
Innovation and Opportunity Act of 2022, the Governor shall
approve a request for initial designation as a local area from
any area that--
``(A) was designated as a local area for purposes
of this Act for the 2-year period preceding the date of
enactment of the Workforce Innovation and Opportunity
Act of 2022;
``(B) performed successfully; and
``(C) sustained fiscal integrity.''; and
(3) in paragraph (4), by adding at the end the following:
``Such designation may include the combining of areas that were
designated as local areas under this subsection before the date
of enactment of the Workforce Innovation and Opportunity Act of
2022 within a region described in subsection (a), to form a
new, redesignated local area under this subsection, if all
chief elected officials and local boards in the affected areas
agree to such a redesignation.''.
(c) Regional Coordination.--Section 106(c)(1) (29 U.S.C.
3121(c)(1)) is amended--
(1) in subparagraph (F), by inserting ``and prioritizing
such services for individuals with barriers to employment,''
after ``services,'';
(2) in subparagraph (G), by striking ``and'' at the end;
(3) in subparagraph (H), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(I) the analysis of in-demand skills and
competencies within the region, and corresponding wages
offered for jobs requiring such skills and
competencies.''.
(d) Definitions.--Section 106(e) (29 U.S.C. 3121(e)) is amended--
(1) in paragraph (1), by striking ``(or, if applicable,
core indicators of performance described in section
136(b)(2)(A) of the Workforce Investment Act of 1998, as in
effect the day before the date of enactment of this Act)''; and
(2) in paragraph (2), by striking ``(or, if applicable,
title I of the Workforce Investment Act of 1998 as in effect
prior to the effective date of such subtitle B)''.
SEC. 207. LOCAL WORKFORCE DEVELOPMENT BOARDS.
(a) Membership.--Section 107(b) (29 U.S.C. 3122(b)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (B)--
(i) in the matter preceding clause (i), by
striking ``20'' and inserting ``30''; and
(ii) in clause (iv)--
(I) by inserting ``eligible youth
and'' after ``include''; and
(II) by striking ``out-of-school''
and inserting ``opportunity''; and
(B) in subparagraph (C)(ii), by striking the
semicolon and inserting ``; and'';
(C) by striking ``and'' at the end of subparagraph
(D)(v);
(D) by striking the period at the end of
subparagraph (E) and inserting ``; and''; and
(E) by adding at the end the following:
``(F) the members of each local board shall
represent diverse demographic populations of the local
area.'';
(2) in paragraph (3), by adding at the end the following:
``Each chairperson shall ensure that each new board member is
provided with information on the local area, employment
opportunities (including youth employment opportunities),
industry or sector partnerships, eligible providers or training
services, and demographic information of participants served
including individuals with barriers to employment.''; and
(3) in paragraph (4)(A)--
(A) in clause (ii), by inserting ``, if applicable,
YouthBuild operators, and'' after ``include'';
(B) in clause (iii), by inserting before the period
at the end the following: ``, which include individuals
with disabilities or representatives of organizations
serving individuals with disabilities'' ; and
(C) by adding at the end the following:
``(iv) A standing committee to provide
information to assist with planning,
operational, and other issues relating to the
provision of adult education services, which
shall include providers of adult education
carried out under title II of this Act.
``(v) A standing committee to provide
information related to work-based learning
opportunities, which shall include a
representative from a provider of work-based
learning, including a provider of related
instruction under an apprenticeship.
``(vi) A standing committee, which shall
include representatives of workers and their
communities (including labor and community-
based organizations), to provide information to
assist with responding to rapid changes in the
economy such as--
``(I) mass layoffs;
``(II) unexpected increases in
unemployment; and
``(III) introduction of new
employment opportunities, including the
assessment of the in-demand skills and
competencies of the local area.''.
(b) Appointment and Certification of Board.--Section 107(c) (29
U.S.C. 3122(c)) is amended--
(1) in paragraph (1), by adding at the end the following:
``(D) Publication.--The chief elected official or
officials appointing the board for a local area shall
make publicly available the membership of the board
(including information identifying how the membership
composition requirements of subsection (b) have been
met (other than the requirements of paragraph (2)(F) of
such subsection)), including by posting that
information on the website of the appropriate unit of
local government included in the local area.''; and
(2) in paragraph (4)(A), by striking ``and (2)'' and
inserting ``, (2), and (3)''.
(c) Functions of Local Board.--Section 107(d) (29 U.S.C. 3122(d))
is amended--
(1) in paragraph (2)(A), by striking ``skills'' and
inserting ``, skills, and competencies'';
(2) in paragraph (3), in the first sentence, by inserting
``, including supportive services offered by community-based
organizations,'' after ``resources'';
(3) in paragraph (4)--
(A) in subparagraph (B), by inserting ``and'' after
the semicolon;
(B) by amending subparagraph (C) to read as
follows:
``(C) to ensure that workforce investment
activities meet the skilled workforce needs of
employers and support economic growth in the region by
enhancing communication, coordination, and
collaboration among employers, economic development
entities, and service providers, including by
developing and implementing proven or promising
strategies for--
``(i) meeting the employment, skill, and
competency needs of workers and employers
(including the establishment of industry and
sector partnerships) and supporting skill and
competency-based hiring;
``(ii) improving access to jobs in high-
skill, high-wage, or in-demand industry sectors
and occupations, to expand employment and
career advancement opportunities for workforce
development system participants in in-demand
industry sectors or occupations; and
``(iii) recruiting a more diverse
workforce.''; and
(C) by striking subparagraph (D);
(4) in paragraph (5)--
(A) by striking ``and postsecondary'' and inserting
``, postsecondary, and adult'';
(B) by inserting ``, systems, and programs'' after
``pathways''; and
(C) by inserting ``and opportunity youth'' after
``to employment'';
(5) by amending subparagraph (A) of paragraph (6) to read
as follows:
``(A) identify and promote strategies and
initiatives to the one-stop delivery system for meeting
the needs of employers, workers, and jobseekers
(including individuals with barriers to employment) in
the local workforce development system, including--
``(i) providing physical and programmatic
accessibility, in accordance with section 188,
if applicable, and applicable provisions of the
Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.); and
``(ii) identifying and implementing
strategies to assure service delivery is
accessible to all eligible individuals,
including individuals with barriers to
employment; and'';
(6) by amending paragraph (7) to read as follows:
``(7) Technology.--The local board shall develop strategies
for using technology to maximize the accessibility and
effectiveness of the local workforce development system,
including in remote areas, for employers, workers, and
jobseekers, by--
``(A) identifying and integrating new digital
technologies into business services, career navigation,
and employment and training activities, and working
with the State to offer services virtually or through
in-person service delivery strategies that are
augmented through the use of technology;
``(B) facilitating connections among the intake and
case management information systems of the one-stop
partner programs to support a comprehensive workforce
development system in the local area, including through
coordination and collaboration with one-stop partner
programs to support coenrollment of programs, as
applicable;
``(C) identifying strategies for better meeting the
needs of individuals with barriers to employment,
including strategies that augment traditional service
delivery, and increase access to services and programs
of the one-stop delivery system, such as improving
digital literacy skills, assessments of skills and
competencies, and prior learning assessments assisted
through the use of technology; and
``(D) leveraging resources and capacity within the
local workforce development system, including resources
and capacity for services for individuals with barriers
to employment.'';
(7) in paragraph (10)--
(A) in subparagraph (B)(ii), by inserting ``as
described in section 122'' after ``providers'';
(B) in subparagraph (C), by inserting ``and make
information about such providers publicly available,
including to community-based organizations'' after
``local area''; and
(C) in subparagraph (D), by inserting ``and make
information about such providers publicly available,
including to community-based organizations'' after
``contracts'';
(8) in paragraph (11)(A), by inserting ``, local
educational agencies, institutions of higher education located
in the local area, including minority-serving institutions,
historically Black colleges and universities, and Tribally
controlled colleges or universities, as appropriate,'' after
``2302))''; and
(9) in paragraph (12)(A), by striking ``for the'' and
inserting ``for all funds not otherwise reserved by the State
allocated to local areas under section 128(b) and section
133(b), for local youth workforce activities authorized under
section 129(c), and for local employment and training
activities authorized under subsection (b) of section 134,
and''.
(d) Sunshine Provision.--Section 107(e) (29 U.S.C. 3122(e)) is
amended by inserting ``that conforms at a minimum, to Level AA of the
Web Content Accessibility Guidelines 2.0 of the Web Accessibility
Initiative (or any successor guidelines)'' after ``means''.
(e) Staff.--Section 107(f) (29 U.S.C. 3122(f)) is amended--
(1) by amending paragraph (2) to read as follows:
``(2) Qualifications.--The local board shall establish and
apply a set of qualifications for the position of director that
ensures that the individual selected has the requisite
knowledge, skills, and abilities, to meet identified benchmarks
and effectively carry out the functions of the local board.'';
and
(2) by adding at the end the following:
``(4) Professional development.--The local board shall
ensure the provision of training to local board and one-stop
delivery system staff on--
``(A) the expanded use of digital technology and
tools for augmenting and improving the delivery of
services to participants and employers;
``(B) the implementation of evidence-based
strategies, such as career pathways and sector
initiatives, and trauma-informed and gender-responsive
counseling for meeting the needs of individuals with
barriers to employment; and
``(C) how to improve and ensure equitable service
delivery and outcomes for individuals who have been
historically underserved, marginalized, and adversely
affected as a result of race, ethnicity, or gender,
including training on customer-centered service
delivery, gender and racial bias, cultural competence,
occupational stereotyping, and strategies for
increasing participant and worker voice.''.
SEC. 208. LOCAL PLAN.
Section 108(b) (29 U.S.C. 3123(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``and'' at
the end;
(ii) in clause (ii), by inserting ``and''
at the end; and
(iii) by adding at the end the following:
``(iii) projected industries or sectors
within the local area expected to decline or
face significant changes in employment
opportunities;'';
(B) in subparagraph (B), by striking ``and skills''
and inserting ``, skills, and competencies''; and
(C) in subparagraph (C), by striking ``(and
unemployment)'' and inserting ``(unemployment, and
underemployment)'';
(2) by amending paragraph (2) to read as follows:
``(2) a description and assessment of the workforce
development system in the local area that identifies the
programs that are included in that system and how the local
board will work with the entities carrying out core programs
and other workforce development programs to support alignment
of services, including--
``(A) services provided under programs that support
the strategies identified in the State plan under
section 102(b)(1)(E), including--
``(i) programs of study authorized under
the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2301 et seq.);
``(ii) title II (relating to adult
education and family literacy activities),
including a description of how the local board
will carry out, consistent with subparagraphs
(A) and (B)(i) of section 107(d)(11) and
section 232, the review of local applications
submitted under title II;
``(iii) title I of the Rehabilitation Act
of 1973 (29 U.S.C. 720 et seq.); and
``(iv) apprenticeship programs; and
``(B) the statewide rapid response activities under
section 134(a)(2)(A);'';
(3) in paragraph (3), by inserting ``and expansion'' after
``development'';
(4) in paragraph (4)--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``,
including small employers and employers in in-
demand industry sectors and occupations, in
workforce development programs'' and inserting
``in workforce development programs, including
small employers, employers in high-skill, high-
wage, or in-demand industry sectors and
occupations, and employers in industry or
sector partnerships'';
(ii) in clause (iii), by striking ``and''
at the end;
(iii) in clause (iv), by inserting ``, and
benefits, such as food and housing security''
after ``unemployment insurance programs''; and
(iv) by adding at the end the following:
``(v) improve the ability of individuals to
make informed decisions about career pathways
and training services, employment opportunities
and job quality, and workplace rights and
responsibilities; and''; and
(B) in subparagraph (B), by inserting ``and
individuals'' after ``employers'';
(5) in paragraph (6)--
(A) in subparagraph (B), by inserting ``, including
digital technology,'' after ``technology'';
(B) in subparagraph (C), by striking ``and'' at the
end; and
(C) by adding at the end the following:
``(E) a description of how the one-stop delivery
system, including one-stop operators and one-stop
partners, will work with employers to support the
hiring of individuals with barriers to employment to
ensure equitable service delivery and participant
outcomes; and
``(F) a description of how one-stop centers are
implementing and transitioning to an integrated,
technology-enabled intake and case management
information system for programs carried out under this
Act and programs carried out by one-stop partners;'';
(6) by striking paragraphs (7) and (8);
(7) by redesignating paragraphs (9) through (12) as
paragraphs (7) through (10), respectively;
(8) in paragraph (7), as so redesignated, by striking
``assessment of'' and inserting ``comprehensive local needs
assessment, as described in section 129(a)(2) of'';
(9) by striking paragraph (13);
(10) by redesignating paragraphs (14) through (20) as
paragraphs (11) through (17), respectively;
(11) by inserting after paragraph (17), as so redesignated,
the following:
``(18) that the local area will not prohibit self-
attestation in a manner consistent with section 402A(e) of the
Higher Education Act of 1965 (20 U.S.C. 1070a-11(e)) as a means
for determining eligibility for a program or service under this
Act of any individual who is so self-attesting; and'';
(12) by striking paragraph (21); and
(13) by redesignating paragraph (22) as paragraph (19).
CHAPTER 3--PERFORMANCE ACCOUNTABILITY
SEC. 211. PERFORMANCE ACCOUNTABILITY SYSTEM.
Section 116 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3141) is amended--
(1) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by amending clause (i) to read
as follows:
``(i) In general.--The State primary
indicators of performance for activities
provided under the adult and dislocated worker
programs authorized under chapter 3 of subtitle
B, the program of adult education and family
literacy activities authorized under title II,
the employment services program authorized
under sections 1 through 13 of the Wagner-
Peyser Act (29 U.S.C. 49 et seq.) (except that
subclauses (V) and (VI) shall not apply to such
program), and the program authorized under
title I of the Rehabilitation Act of 1973 (29
U.S.C. 720 et seq.) (other than section 112 or
part C of that title (29 U.S.C. 732, 741)),
shall consist of--
``(I) the percentage of program
participants who are in unsubsidized
employment during the second quarter
after exit from the program;
``(II) the percentage of program
participants who are in unsubsidized
employment during the fourth quarter
after exit from the program;
``(III) the median earnings of
program participants who are in
unsubsidized employment during the
second quarter after exit from the
program;
``(IV) the median earnings of
program participants who are in
unsubsidized employment during the
fourth quarter after exit from the
program;
``(V) the percentage of program
participants who obtain a recognized
postsecondary credential, or a
secondary school diploma or its
recognized equivalent (subject to
clause (iii)), during participation in
or within 1 year after exit from the
program; and
``(VI) the percentage of program
participants who are in an education or
training program that leads to a
recognized postsecondary credential or
employment, and who are achieving
measurable skill gains toward such a
credential or employment.'';
(II) in clause (iii), by inserting
before the period at the end the
following: ``, unless such participants
are enrolled in services under title
II''; and
(III) by striking clause (iv);
(ii) by amending subparagraph (B) to read
as follows:
``(B) Additional indicators.--
``(i) State identified.--A State may
identify in the State plan additional
performance accountability indicators.
``(ii) Secretary identified.--The Secretary
may identify additional indicators related to
the quality of participants' unsubsidized
employment after exit from a program, including
factors such as availability of paid time off,
health, and retirement benefits, workplace
safety and non-discrimination standards,
predictable and stable work schedule, stackable
credentials, and advancement opportunities.'';
and
(B) in paragraph (3)(A)--
(i) by amending clause (iii) to read as
follows:
``(iii) Identification in state plan.--The
Secretary of Labor in conjunction with the
Secretary of Education shall--
``(I) propose expected levels of
performance for each of the
corresponding primary indicators of
performance for each of the programs
described in clause (ii) for each State
for the first 2 program years covered
by the State plan, and for the third
and fourth program years covered by the
State plan, which shall be consistent
with the factors listed under clause
(v); and
``(II) publish on a publicly
accessible website--
``(aa) the statistical
model developed under clause
(viii), and the methodology
used to develop each such
proposed expected level of
performance; and
``(bb) each such
proposal.'';
(ii) in clause (v)--
(I) in subclause (II)(bb)--
(aa) by striking ``ex-
offender status, and welfare
dependency'' and inserting
``justice involvement, and
receipt of public assistance'';
and
(bb) by inserting before
the semicolon at the end ``,
and other factors the Secretary
determines relevant'';
(II) by amending subclause (III) to
read as follows:
``(III) take into account the
extent to which the levels involved
promote continuous improvement, which
may reflect an increase in the level of
performance accountability measures, a
change in service strategy and
delivery, or a change in the
participants served by such State and
ensure optimal return on the investment
of Federal funds; and''; and
(iii) by amending clause (viii) to read as
follows:
``(viii) Statistical adjustment model.--The
Secretary of Labor and the Secretary of
Education, after consultation with the
representatives described in paragraph (4)(B),
shall--
``(I) develop and disseminate an
objective statistical model that will
be used to make the adjustments in the
State adjusted levels of performance
for actual economic conditions and
characteristics of participants under
clauses (v) and (vii); and
``(II) publicly disclose the
factors included in the statistical
adjustment model in a report describing
the model used to determine the
adjusted levels of performance.'';
(2) in subsection (d)--
(A) in paragraph (2)--
(i) in subparagraph (F), by inserting ``,
supportive,'' after ``career'';
(ii) in subparagraph (H), by inserting
``and percentage'' after ``number''; and
(iii) by redesignating subparagraph (L) as
subparagraph (M); and
(iv) by inserting after subparagraph (K)
the following:
``(L) information on earnings of participants 4
quarters prior to receiving career and training
services and, to the extent data is available, in years
2 and 3 after exit from career and training
services;'';
(B) in paragraph (6)--
(i) by amending subparagraph (A) to read as
follows:
``(A) State performance reports.--The Secretary of
Labor and the Secretary of Education shall annually
make available the performance reports for States
containing the information described in paragraph (2),
which shall include making such reports available--
``(i) digitally using transparent, linked,
open, and interoperable data formats that are
human readable and machine actionable such that
the data from these reports can be easily
included in web-based tools and services
supporting search, discovery, comparison,
analysis, navigation, and guidance;
``(ii) electronically in easily
understandable formats; and
``(iii) in paper-based formats, as
necessary.'';
(ii) by amending subparagraph (B) to read
as follows:
``(B) Local area and eligible training provider
performance reports.--The State shall, on an annual
basis, make available the performance reports for the
local areas containing the information described in
paragraph (3) and the performance reports for eligible
providers of training services containing the
information described in paragraph (4), which shall
include making such reports available in each of the
formats described in clauses (i) through (iii) of
subparagraph (A).''; and
(iii) in subparagraph (D), by striking
``the Workforce'' and inserting ``Labor'';
(3) by redesignating subsections (f), (g), (h), and (i) as
subsections (g), (h), (i), and (j), respectively;
(4) by inserting the following after subsection (e):
``(f) State Equity Reports.--
``(1) In general.--Using funds authorized under a core
program and made available to carry out this section, the
State, in coordination with local boards in the State and the
State agencies responsible for the administration of the core
programs, shall annually prepare and submit to the Secretary a
report on the progress of the State in achieving equitable
outcomes in the State levels of performance relating to
indicators described in subsection (b)(2)(A) for a program for
any program year, which shall--
``(A) identify and quantify any disparities or gaps
in performance on such levels of performance for each
such indicator between--
``(i) individuals with barriers to
employment; and
``(ii) individuals without such barriers to
employment; and
``(B) include a quantifiable description of the
progress that individuals with barriers to employment
have made in meeting such levels of performance.
``(2) Information disaggregation.--The information provided
in subparagraphs (A) and (B) of paragraph (1) shall be
disaggregated--
``(A) by industry sector; and
``(B) by each subpopulation of individuals with
barriers to employment (as defined in section 3).
``(3) Information dissemination.--The Secretary shall make
the information contained in such reports available to the
general public in a manner consistent with the requirements
described in subsection (d)(6)(A).''.
Subtitle B--Workforce Investment Activities and Providers
CHAPTER 1--WORKFORCE INVESTMENT ACTIVITIES AND PROVIDERS
SEC. 221. ESTABLISHMENT OF ONE-STOP DELIVERY SYSTEMS.
(a) One-Stop Partners.--Section 121(b) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3151(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)(ii), by striking ``,
including payment of the infrastructure costs of one-
stop centers in accordance with subsection (h)'' and
inserting ``(other than payment of the physical and
virtual infrastructure costs of one-stop centers in
accordance with subsection (h), except as provided
under subsection (c)(2)(A)(ii)(II) in the memorandum of
understanding)'';
(B) in subparagraph (B)--
(i) by inserting ``and'' at the end of
clause (xi);
(ii) by striking clause (xii); and
(iii) by redesignating clause (xiii) as
clause (xii); and
(C) in subparagraph (C)(ii)(II), by striking ``and
the Secretary of Health and Human Services'' and
inserting ``, the Secretary of Education, and the
Secretary of Health and Human Services''; and
(2) in paragraph (2)(B)--
(A) by redesignating clause (vii) as clause (viii);
(B) in clause (vi), by striking ``and'' after the
semicolon; and
(C) by inserting after clause (vi) the following:
``(vii) employment and training programs
carried out by the Economic Development
Administration; and''.
(b) Memorandum of Understanding.--Section 121(c)(2)(A) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3151(c)(2)(A)) is
amended--
(1) in clause (ii)--
(A) in subclause (I) by striking ``and'' after the
semicolon;
(B) by amending subclause (II) to read as follows:
``(II) funding of physical and
virtual infrastructure costs of one-
stop centers in accordance with
subsection (h)(3), if funding received
by the local area under subsection
(h)(2) is insufficient to cover such
costs;''; and
(2) by amending clause (iv) to read as follows:
``(iv) methods to provide appropriate
access of services (including access to
technology and materials) to workers, youth,
and individuals with barriers to employment
through the one-stop delivery system to address
the needs of such workers and youth, and to
increase access, particularly in underserved
and rural communities; and''.
(c) One-Stop Operators.--Section 121(d) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3151(d)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by striking ``process;
and'' and inserting ``process, except as authorized by
paragraph (4); and''; and
(B) in subparagraph (B)--
(i) by amending clause (i) to read as
follows:
``(i) a secondary school, an area career
and technical education school, or an
institution of higher education;'';
(ii) in clause (v), by striking ``and''
after the semicolon;
(iii) by redesignating clause (vi) as
clause (vii);
(iv) by inserting after clause (v) the
following:
``(vi) a public library; and''; and
(v) in clause (vii), as so redesignated, by
inserting ``or joint labor-management'' after
``a labor'';
(2) by redesignating paragraphs (3) and (4) as paragraphs
(5) and (6);
(3) by inserting after paragraph (2) the following:
``(3) Responsibilities.--The responsibilities of the one-
stop operator--
``(A) shall include managing the physical and
virtual infrastructure and operations of the one-stop
system in the local area, and facilitating coordination
among the partners in the one-stop system; and
``(B) may include the provision of direct services
to job seekers and employers.
``(4) Local board as one-stop operator.--Subject to
approval from the Governor and in accordance with any other
eligibility criteria established by the State, a local board
may serve as a one-stop operator consistent with the
requirements of this subsection.''; and
(4) in paragraph (5), as so redesignated, by striking ``and
secondary schools''.
(d) Establishment of One-Stop Delivery System.--Section 121(e)(2)
of the Workforce Innovation and Opportunity Act (29 U.S.C. 3151(e)(2))
is amended--
(1) in subparagraph (A)--
(A) by inserting ``in person or virtually'' after
``accessible''; and
(B) by inserting ``and virtually in a manner that
improves efficiency, coordination, and quality in the
delivery of one-stop partner services'' after
``State'';
(2) in subparagraph (B)--
(A) in clause (i), by inserting ``(such as a
community college campus, a secondary school, an area
career and technical education school, or a public
library) and through community-based organizations''
after ``affiliated sites''; and
(B) in clause (ii)(II) by adding ``and'' after the
semicolon;
(3) in subparagraph (C)--
(A) by inserting ``virtual or physical'' after
``may have''; and
(B) by striking ``; and'' and inserting a period;
and
(4) by striking subparagraph (D).
(e) Certification and Continuous Improvement of One-stop Centers.--
Section 121(g)(2)(A) of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3151(g)(2)(A)) is amended by striking ``subsections (h)(1)''
and inserting ``subsections (h)(3)''.
(f) Funding of One-stop Infrastructure.--Section 121(h) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3151(h)) is amended
to read as follows:
``(h) Funding of One-stop Infrastructure.--
``(1) In general.--For any program year, not more than 10
percent of the funds allotted under sections 127, 132, and 211,
and section 6 of the Wagner-Peyser Act (29 U.S.C. 49e) shall be
used to fund the costs of infrastructure of one-stop centers in
local areas.
``(2) Allocation by governor.--
``(A) In general.--From the funds provided under
paragraph (1), the Governor shall allocate the funds to
local areas in accordance with the formula established
under subparagraph (B) for the purposes of paying the
costs of infrastructure of one-stop centers.
``(B) Allocation formula.--The State board shall
develop a formula to be used by the Governor to
allocate the funds provided under paragraph (1) to
local areas. The formula shall be based on factors
including the number of one-stop centers in a local
area, the intensity of services provided by such
centers, the population served by such centers, the
services provided by such centers, and other factors
relating to the performance of such centers that the
State board determines are appropriate.
``(C) Costs of infrastructure.--In this subsection,
the term ``costs of infrastructure'', used with respect
to a one-stop center, means the nonpersonnel costs that
are necessary for the general operation of the one-stop
center (whether for in-person or virtual service
delivery), including the rental costs of the
facilities, the costs of utilities and maintenance,
equipment (including assessment-related products and
assistive technology for individuals with
disabilities), and technology to facilitate access to
the one-stop center, including the center's planning
and outreach activities.
``(3) Additional funding.--
``(A) In general.--In the case of a local area for
which funds allocated under paragraph (2) are
insufficient to cover the total costs of infrastructure
of one-stop centers in such local area, the local
board, chief elected officials, and one-stop partners
described in subsection (b)(1) in such local area may
fund such costs through methods agreed on by the local
board, chief elected officials, and one-stop partners
(and described in the memorandum of understanding
described in subsection (c)).
``(B) Guidance for infrastructure funding.--The
Governor, after consultation with chief elected
officials, local boards, and the State board, and
consistent with the guidance and policies provided by
the State board under subparagraphs (B) and (C)(i) of
section 101(d)(7), shall provide, for the use of local
areas under subparagraph (A)--
``(i) guidelines for State-administered
one-stop partner programs, for determining such
programs' contributions to a one-stop delivery
system, based on such programs' proportionate
use of such system consistent with chapter II
of title 2, Code of Federal Regulations (or any
corresponding similar regulation or ruling),
including determining funding for the costs of
infrastructure, which contributions shall be
negotiated pursuant to the memorandum of
understanding under subsection (c); and
``(ii) guidance to assist local boards,
chief elected officials, and one-stop partners
in local areas in determining equitable and
stable methods of funding the costs of
infrastructure of one-stop centers in such
areas.''.
(g) Other Funds.--Section 121(i)(2) (29 U.S.C. 3151(i)(2)) is
amended by striking ``basic skills'' and inserting ``foundational skill
needs''.
SEC. 222. IDENTIFICATION OF ELIGIBLE PROVIDERS OF TRAINING SERVICES.
(a) Eligibility.--Section 122(a) (29 U.S.C. 3152(a)) is amended by
adding at the end the following:
``(4) Consumer choice.--In establishing criteria,
information requirements, and procedures under this subsection,
the Governor shall not limit the provision of consumer choice
under section 134(c)(3)(F).''.
(b) Criteria and Information Requirements.--Section 122(b) (29
U.S.C. 3152(b)) is amended--
(1) in paragraph (1)--
(A) by amending the matter preceding subparagraph
(A) to read as follows: ``The criteria established
pursuant to subsection (a) shall include criteria on
each of the following:''; and
(B) in subparagraph (A)(i), striking ``performance
accountability measures'' and inserting ``levels of
performance achieved on the indicators described in
section 116'';
(C) in subparagraph (B)--
(i) by striking ``The need to ensure'' and
inserting ``Ensuring''; and
(ii) by inserting ``and online learning
platforms'' after ``technology'';
(D) by amending subparagraph (D) to read as
follows:
``(D)(i) With respect to each training program of
each such provider--
``(I) the degree to which the training
program--
``(aa) relates to in-demand
industry sectors and occupations in the
State or local areas within the State,
based on analysis of labor market data
and direct engagement with local
employers; and
``(bb) satisfies any applicable
educational requirements for
professional licensure or
certification, including licensure or
certification examinations needed to
practice or find employment in the
sectors or occupations for which the
program prepares the individual in the
State; and
``(II) the expected--
``(aa) recognized postsecondary
credentials earned as part of such
program;
``(bb) employment opportunities
upon program completion;
``(cc) median earnings of
individuals during the fourth quarter
after exit from the program, as
compared to median earnings of
occupations for which the program
prepares the individual in the State
and local area;
``(dd) program cost of such
program;
``(ee) competencies taught as part
of such program that align to expected
job opportunities;
``(ff) time to completion of such
program; and
``(gg) alignment of such program to
career pathways; and
``(ii)(I) Subject to subclauses (II) and (III), the
information described in clause (i) shall be validated
in accordance with guidance issued by the Secretary
with respect to each training program of each such
provider, which may include validation, by at least one
of the following entities:
``(aa) 3 or more employers.
``(bb) An industry association.
``(cc) A labor organization or joint labor-
management organization, or an industry or
sector partnership.
``(II) The requirements of subclause (I) shall not
apply to any program that is--
``(aa) offered by a public institution of
higher education; or
``(bb) accredited by a programmatic
accrediting agency (as defined in section 602.3
of title 34, Code of Federal Regulations (or
successor regulations)).
``(III) An entity listed in item (aa), (bb), or
(cc) of subclause (I) that is providing validation
under this clause with respect to a training program
may not be the provider of such training program.'';
(E) by striking subparagraphs (E), (F), (G), and
(H);
(F) by redesignating subparagraphs (I) and (J) as
subparagraphs (E) and (F), respectively; and
(G) in subparagraph (F), as so redesignated--
(i) by amending clause (i) to read as
follows:
``(i) the accountability of the providers,
including in the case of a training program
that is offered by an institution of higher
education, that such institution has not been
subject, during the 5 years preceding the date
of the determination of whether such a provider
meets such criteria, to--
``(I) any suspension, emergency
action, or termination of programs
under title IV of the Higher Education
Act of 1965;
``(II) any adverse action by the
accrediting agency or association of
the institution of higher education; or
``(III) any action by the State to
revoke a license or other authority to
operate;''; and
(ii) in clause (ii), by striking ``one-stop
centers'' and inserting ``local boards'';
(2) in paragraph (2)--
(A) by striking ``The information'' and inserting
the following:
``(A) Providers of training services.--The
information''
(B) by redesignating subparagraphs (A) through (E)
as clauses (i) through (v), respectively: and
(C) by adding at the end the following:
``(B) States.--The State shall make available on a
publicly accessible website and in a manner that does
not reveal personally identifiable information--
``(i) the criteria, information
requirements, and procedures regarding the
eligibility of providers of training services
established pursuant to subsection (a); and
``(ii) the appropriate, accurate, and
timely information each provider of training
services submits to the State in accordance
with subparagraph (A) of this paragraph.'';
(3) in paragraph (4)--
(A) in subparagraph (B)--
(i) by striking ``section 122 of the
Workforce Investment Act of 1998, as in effect
on the day before the date of enactment of this
Act'' and inserting ``section 122, as in effect
on the date before the date of enactment of the
Workforce Innovation and Opportunity Act of
2022''; and
(ii) by inserting at the end the following:
``A Governor shall make an eligibility
determination under this paragraph with respect
to a provider not later than 60 days after
receipt of an application for such a
determination from such provider.'';
(B) in subparagraph (C) by inserting ``, including
to the extent practicable for the 2-year period
preceding the date of the provider's application under
this paragraph'' after ``subtitle''; and
(C) in subparagraph (D)--
(i) in clause (i), by striking ``a factor''
and inserting ``the levels of performance
achieved'';
(ii) in clause (iii), by striking ``and''
at the end;
(iii) in clause (iv), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(v) a factor related to serving
individuals with barriers to employment.''.
(c) Procedures.--Section 122(c)(2) (29 U.S.C. 3152(c)(2)), by
striking ``biennial'' and inserting ``annual''.
(d) List and Information to Assist Participants in Choosing
Providers.--Section 122(d)(3) (29 U.S.C. 3152(d)(3)), by inserting ``on
a publicly accessible website that is consumer-tested and is searchable
and comparable, through the use of common, linked, open-data
description language'' after ``individual participant''.
(e) Enforcement.--Section 122(f)(1) (29 U.S.C. 3152(f)(1)) is
amended to read as follows:
``(1) In general.--The procedures established under this
section shall provide the following:
``(A) Failure to meet program requirements.--In
addition to the violations described in subparagraph
(B), any provider of training services eligible to
receive funds under chapter 3--
``(i) shall have such eligibility
terminated for a period of 1 year upon a
determination by an individual or entity
specified in the procedures, that such
provider--
``(I) in a case in which the
provider receives initial eligibility
under subsection (b)(4), failed to
report information as required under
subsection (b)(4)(C);
``(II) failed to inform the State
board or local board that the training
program of such provider has changed,
and as a result of such change the
information with respect to such
training program under subsection
(b)(1) used by the Governor to
determine the provider's eligibility to
receive such funds no longer accurately
describes such training program; or
``(III) failed to meet the expected
performance as described in subsection
(b)(4)(D); or
``(ii) may have such eligibility terminated
as a result of offering a program for a period
of less than 2 years--
``(I) that is no longer aligned to
in-demand industry sectors or
occupations; or
``(II) that results in employment
with wages below the median earnings
for the occupation in the State or
local area due to the insufficient
quality of training provided under the
program.
``(B) Substantial violations.--Upon a
determination, by an individual or entity specified in
the procedures, that a provider of training services
substantially violated any requirement under this
title, or that an individual providing information on
behalf of the provider intentionally supplied
inaccurate information under this section, the
eligibility of such provider to receive funds under
chapter 3 for the program involved shall be terminated
for a period of not less than 2 years.
``(C) Repayment.--A provider of training services
whose eligibility is terminated under subparagraph (A)
or (B) of this paragraph shall be liable for the
repayment of funds received under chapter 3 during a
period of violation described in such subparagraph.''.
(f) Transition Period.--Section 122(i) ((29 U.S.C. 3152(i)) is
amended to read as follows:
``(i) Transition Period for Implementation.--The Governor and local
boards shall implement the requirements of this section, as amended by
the Workforce Innovation and Opportunity Act of 2022, not later than 12
months after the date of enactment of such Act, except that the
criteria established under items (ff) and (gg) of subsection
(b)(1)(D)(i)(II) may not be used until the date that is 3 years after
the date of enactment of such Act.''.
CHAPTER 2--YOUTH WORKFORCE INVESTMENT ACTIVITIES
SEC. 231. STATE ALLOTMENTS.
Section 127 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3162) is amended--
(1) by amending subsection (a)(1) to read as follows:
``(1) reserve 1\1/2\ percent of funds appropriated under
section 136(a), for each fiscal year for which funds are
appropriated under such section, to provide youth workforce
investment activities under section 167 (relating to migrant
and seasonal farmworkers); and''; and
(2) in subsection (b)(1)--
(A) in subparagraph (A), by striking ``not more
than 1\1/2\'' and inserting ``2''; and
(B) in subparagraph (B)(i), by striking ``\1/4\
of''.
SEC. 232. WITHIN STATE ALLOCATIONS.
Section 128(b) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3163(b)) is amended by adding at the end the following:
``(5) Transfer authority.--A local board may transfer, if
such a transfer is approved by the Governor, up to and
including 100 percent of the funds allocated to the local area
under section 130(a)(2), and up to and including 100 percent of
the funds allocated to the local area under this subsection for
a fiscal year between--
``(A) activities under section 129(c); and
``(B) activities under section 130.''.
SEC. 233. USE OF FUNDS FOR YOUTH WORKFORCE INVESTMENT ACTIVITIES.
(a) Comprehensive Local Needs Assessment.--Section 129(a) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3164(a)) is amended
to read as follows:
``(a) Comprehensive Local Needs Assessment.--
``(1) In general.--In order to determine which
subpopulation of eligible youth a local area can best serve, a
local board shall ensure that the comprehensive needs
assessment related to youth workforce investment activities
under section 108(b)(9) of the local plan shall meet the
requirements of this subsection, and shall be updated at least
once every 4 years.
``(2) Requirements.--A comprehensive local needs assessment
described in paragraph (1) with respect to a local area shall
include each of the following:
``(A) An evaluation of the performance of the
eligible youth served by the local area with respect to
State determined and local levels of performance
established pursuant to section 116.
``(B) A description of how youth workforce
investment activities offered by the local area are--
``(i) sufficient in size, scope, and
quality to meet the needs of eligible youth in
the local area;
``(ii) aligned to State, regional, Tribal,
or local in-demand industry sectors or
occupations (including career pathways),
identified by the State board or local board;
and
``(iii) developed in partnership with
eligible youth in the local area and aligned
with their needs, including program elements
and offerings.
``(C) An identification of successful models of
youth workforce investment activities.
``(D) A description of the progress during the most
recent 2 program years covered by the local plan of the
local area toward implementation of equal access to
high-quality youth workforce investment activities,
including--
``(i) strategies to provide eligible youth
access to paid work experience opportunities
and career pathways;
``(ii) strategies to overcome barriers that
result in lower rates of access to, or
performance gaps in, youth workforce investment
activities for eligible youth;
``(iii) providing programs and activities
that are designed to enable eligible youth to
attain a secondary school diploma or its
equivalent, or recognized postsecondary
credentials;
``(iv) providing programs and activities to
prepare eligible youth for high-skill, high-
wage, or in-demand industry sectors or
occupations that will lead to self-sufficiency;
and
``(v) strategies to identify the local area
needs of the subpopulations of eligible youth
described in section 128(b)(4)(A)(i).
``(3) Consultation.--In conducting the comprehensive needs
assessment under paragraph (1)(A), the local area shall involve
a diverse body of stakeholders, including, at a minimum--
``(A) representatives of local educational
agencies, including representatives of career and
technical education programs;
``(B) eligible providers of training services,
including eligible providers of apprenticeship programs
and pre-apprenticeship programs, and providers of
internships, paid or unpaid work experience
opportunities, or transitional jobs;
``(C) representatives of business and industry
(including representatives of small business), which
shall include representatives of industry and sector
partnerships in the State;
``(D) interested community representatives,
including community-based organizations;
``(E) representatives of eligible youth, including
representatives of regional or local agencies serving
eligible youth;
``(F) representatives of Indian Tribes and Tribal
organizations in the State, where applicable; and
``(G) any other stakeholders that the State may
require the local area to consult.
``(4) Continued consultation.--Each local area receiving
financial assistance under this chapter shall consult with
stakeholders described in paragraph (3) on an ongoing basis, as
determined by the Governor. This may include consultation in
order to--
``(A) provide input on quadrennial updates to the
comprehensive needs assessment required under paragraph
(1)(A);
``(B) ensure youth workforce investment
activities--
``(i) are responsive to local area
employment needs;
``(ii) are responsive to local area youth's
career interests and goals;
``(iii) are aligned with employment
priorities in the State, regional, tribal, or
local economy identified by employers and the
entities described in paragraph (3), which may
include high-skill, high-wage, or in-demand
industry sectors or occupations identified by
the local board;
``(iv) are informed by labor market
information, including information provided
under section 15(e)(2)(C) of the Wagner-Peyser
Act (29 U.S.C. 491-2(e)(2)(C));
``(v) are designed to meet current,
intermediate, or long-term labor market
projections; and
``(vi) allow employer input, including
input from industry or sector partnerships in
the local area, where applicable, into the
development and implementation of youth
workforce investment activities to ensure such
activities align with skills and competencies
required by local employment opportunities,
including activities such as the identification
of relevant skills, competencies, recognized
postsecondary credentials, and current
technology and equipment;
``(C) identify and encourage opportunities for
work-based learning; and
``(D) ensure funding under this part is used in a
coordinated manner with other local resources.''.
(b) Statewide Activities.--Section 129(b) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3164(b)) is amended--
(1) by amending paragraph (1)(B) to read as follows:
``(B) disseminating the list of eligible providers
of youth workforce investment activities, as determined
under section 123, including in transparent, linked,
open, and interoperable data formats;''; and
(2) in paragraph (2)--
(A) in subparagraph (C), by striking ``described in
section 134(c)(2)'' and inserting ``, including
individualized career services,'';
(B) in subparagraph (D)(v), by striking ``and'' at
the end;
(C) in subparagraph (E), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(F) establishing, supporting, and expanding work-
based learning opportunities, including transitional
jobs, that are aligned with career pathways.''.
(c) Local Elements and Requirements.--
(1) Program design.--Section 129(c)(1) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3164(c)(1)) is
amended--
(A) in subparagraph (C)--
(i) in clause (iv), by striking ``in
appropriate cases'' and inserting ``including
paid work-based learning opportunities''; and
(ii) in clause (v), by inserting ``high-
skill, high-wage, or'' before ``in-demand'';
and
(B) in subparagraph (D), by striking ``10 percent''
and inserting ``15 percent''.
(2) Program elements.--Section 129(c)(2) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3164(c)(2) is amended
to read as follows:
``(2) Program elements.--In order to support the attainment
of a secondary school diploma or its recognized equivalent,
entry into postsecondary education, and career readiness for
participants, local areas shall ensure that each of following
elements are provided under the programs described in paragraph
(1), as appropriate, to meet the needs of eligible youth in the
local area:
``(A) Tutoring, study skills training, instruction,
and dropout prevention and recovery strategies that
lead to completion of the requirements for a secondary
school diploma or its recognized equivalent (including
a recognized certificate of attendance or similar
document for individuals with disabilities) or for a
recognized postsecondary credential.
``(B) Alternative secondary school services, or
dropout recovery services, as appropriate.
``(C) Work-based learning experiences, which--
``(i) may include summer and year-round
employment opportunities that meet the
requirements of section 130; and
``(ii) may include, to the extent
practicable--
``(I) pre-apprenticeship or
apprenticeship programs;
``(II) internships and job
shadowing; and
``(III) on-the-job training
opportunities.
``(D) Occupational skill training, which shall
include priority consideration for training programs
that lead to recognized postsecondary credentials that
are aligned with high-skill, high-wage, or in-demand
industry sectors or occupations in the local area
involved, if the local board determines that the
programs meet the quality criteria described in section
123.
``(E) Education offered concurrently with and in
the same context as workforce preparation activities
and training for a specific occupation or occupational
cluster.
``(F) Leadership development opportunities, which
may include community service and peer-centered
activities encouraging responsibility and other
positive social and civic behaviors, as appropriate.
``(G) Supportive services.
``(H) Adult mentoring for the period of
participation and a subsequent period, for a total of
not less than 12 months.
``(I) Follow-up services for the longer of 36
months or the completion of any postsecondary education
or training to which participants are referred after
completion of such program.
``(J) Comprehensive guidance and counseling,
including trauma-informed approaches.
``(K) Financial literacy education.
``(L) Entrepreneurial skills training.
``(M) Services that provide labor market and
employment information about high-skill, high-wage, or
in-demand industry sectors or occupations available in
the local area, such as career awareness, career
counseling, and career exploration services, which may
include providing such services to elementary and
secondary schools (as defined in section 8101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)).
``(N) Activities that help youth prepare for and
transition to postsecondary education and training.
``(O) Digital skills training, including access to
training that supports basic digital literacy.''.
(3) Consistency with compulsory school attendance laws.--
Section 129(c)(4) (29 U.S.C. 3164(c)(4)) is amended to read as
follows:
``(4) Consistency with compulsory school attendance laws.--
In providing assistance under this section to an individual who
is required to attend school under applicable State compulsory
school attendance laws, the priority in providing such
assistance shall be for the individual to attend school
regularly.''.
SEC. 234. SUMMER AND YEAR-ROUND EMPLOYMENT FOR YOUTH.
Chapter 2 of subtitle B of title I of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3111 et seq.), as amended by the preceding
sections, is further amended by adding at the end the following:
``SEC. 130. SUMMER AND YEAR-ROUND EMPLOYMENT FOR YOUTH.
``(a) Funding.--
``(1) State allotment.--From the amount appropriated under
section 136(b) for a fiscal year, the Secretary shall allot
funds to each State on the basis of the relative allotment the
State received under section 127(b) for such fiscal year,
compared to the total amount allotted to all States under
section 127(b) for such fiscal year.
``(2) Local area allocation.--A State shall use the funds
allotted under paragraph (1) for a fiscal year to allocate
funds to each local area of the State on the basis of the
relative allocation the local area received under section
128(b) for such fiscal year, compared to the total amount
allocated to all local areas in the State under section 128(b)
for such fiscal year.
``(b) Activities.--The local board of a local area covered by the
local plan submitted under section 108--
``(1) shall use the funds received under this section to--
``(A) plan, develop, and carry out a summer
employment program or a year-round employment program
described in subsection (c);
``(B) increase the number of summer or year-round
employment opportunities offered through such program,
including unsubsidized or partly subsidized
opportunities, and opportunities in the private sector;
``(C) engage or establish industry or sector
partnerships to determine local employment needs to
inform the establishment of such a program; and
``(D) conduct outreach to eligible youth and
employers; and
``(2) may--
``(A) use the funds received under this section to
develop technology infrastructure, including data and
management systems, to support such a program;
``(B) use such funds to enhance the program
elements required under subsection (c)(1); and
``(C) use not more than 25 percent of such funds to
subsidize not more than 65 percent of the wages of each
eligible youth participating in such a program.
``(c) Summer and Year-round Employment Program Requirements.--
``(1) Program elements.--A summer employment program or a
year-round employment program described in this subsection
shall include the following program elements:
``(A) Work-readiness training (including soft
skills) and educational programs aligned to career
pathways for eligible youth to enhance their year-round
employment opportunities, including digital literacy
and online work-readiness opportunities, as
appropriate, and support obtaining documentation needed
for employment, such as identification or licenses.
``(B) Coaching and mentoring services for eligible
youth participating in the program to enhance their
summer or year-round employment opportunities and
encourage completion of such opportunities through the
program.
``(C) Coaching and mentoring services for employers
on how to successfully employ each eligible youth
participating in the program in meaningful work,
including providing a safe work and training
environment for all participants, regardless of race,
color, disability, age, religion, national origin,
sexual orientation, or gender identity.
``(D) Career exploration, career counseling, career
planning, and college planning services for eligible
youth participating in the program.
``(E) High-quality financial literacy education as
described in section 129(b)(2)(D), for eligible youth
participating in the program, including education on
the use of credit and financing higher education, and
access to safe and affordable banking.
``(F) Providing supportive services to eligible
youth, or connecting such youth to supportive services
provided by another entity, to enable participation in
the program, which may include food and nutrition
services, and health and mental health care supports.
``(G) Follow-up services for not less than 12
months after the completion of participation, as
appropriate.
``(H) Integration of services provided by the
program with youth development programs, secondary
school programs, career and technical education
programs, youth workforce investment activities under
this chapter, and skills training programs funded by
the State or Federal Government, as applicable.
``(I) Connecting youth participating in the program
to providers of youth services, adult employment and
training services, vocational rehabilitation services,
adult education and family literacy services under
title II, career pathways, postsecondary education, or
skills training programs funded by the State or Federal
Government, as applicable.
``(J) Commitment and support from mayors or county
executives to support the execution of the program.
``(2) Program design.--
``(A) Summer employment program.--In addition to
the program elements described in paragraph (1), a
summer employment program described in this subsection
shall be a program that matches eligible youth
participating in such program with an appropriate
employer (based on factors including the needs of the
employer and the age, skill, and aspirations of the
eligible youth) for high-quality summer employment,
which--
``(i) may not be less than 4 weeks; and
``(ii) may not pay less than the greater of
the applicable Federal, State, or local minimum
wage.
``(B) Year-round employment program.--In addition
to the program elements described in paragraph (1), a
year-round employment program described in this
subsection shall be a program that matches each
eligible youth participating in the program with an
appropriate employer, based on factors (including the
needs of the employer and the age, skill, and informed
aspirations of the participant) for high-quality, year-
round employment, which--
``(i) may not be less than 180 days and
more than 1 year;
``(ii) may not pay less than the greater of
the applicable Federal, State, or local minimum
wage; and
``(iii) may not employ the eligible youth
for less than 20 hours per week.
``(3) Priority.--In carrying out a summer employment
program or a year-round employment program receiving assistance
under this section, a local area shall give priority to year-
round employment opportunities offered under such program--
``(A) in existing or emerging high-skill, high-
wage, or in-demand industry sectors or occupations; or
``(B) that meet community needs in the public,
private, or nonprofit sector.
``(d) Performance Accountability.--For each local board carrying
out a summer or year-round employment program receiving assistance
under this section, the primary indicators of performance, with respect
to each such program, shall include--
``(1) the performance metrics described in clause (i)(VI),
and subparagraphs (I) and (II) of clause (ii), of section
116(b)(2)(A);
``(2) the percentage of eligible youth completing the
summer or year-round program, as applicable; and
``(3) the percentage of youth having participated in work-
based learning.
``(e) Reports.--
``(1) In general.--In addition to information required as
part of the State performance report described in section
116(d)(2), each State shall include for each summer and year
round employment program receiving assistance under this
section--
``(A) the number of eligible youth participating in
the program who complete a summer employment
opportunity or a year-round employment opportunity
through the program;
``(B) the average cost per participant to develop
or expand such program, and the activities and
services, and supportive services provided under such
program;
``(C) the number of eligible youth participating in
such program and accessing services as described in
subparagraph (B);
``(D) the number of youth participants receiving a
subsidized wage, and the total amount and source of
each such subsidy, including the average amount of the
subsidy covered by funds received under this section;
``(E) the average number of hours and weeks worked
and the average amount of wages earned by eligible
youth participating in the program;
``(F) the average number of hours spent on--
``(i) recruitment and retention strategies;
and
``(ii) support for participating youth,
such as time management, career planning, and
financial literacy training;
``(G) the percent of eligible youth participating
in the program that are placed in--
``(i) an employment opportunity in the
nonprofit sector;
``(ii) an employment opportunity in the
public sector; and
``(iii) an employment opportunity in the
for-profit sector; and
``(H) any other information that the Secretary of
Labor determines necessary to monitor the effectiveness
of the summer or year-round employment program.
``(2) Disaggregation.--The information required to be
reported under subparagraphs (A), (B), and (G) of paragraphs
(1) shall be disaggregated by race, ethnicity, sex, age, and
the subpopulations of eligible youth (as defined in section
3).''.
CHAPTER 3--ADULT AND DISLOCATED WORKER EMPLOYMENT AND TRAINING
ACTIVITIES
SEC. 241. WITHIN STATE ALLOCATIONS.
Section 133(b)(2) (29 U.S.C. 3173(b)(2)) is amended--
(1) in subparagraph (A)(iii), by striking ``The term, used
with respect to fiscal year 2013 or 2014, means a percentage of
the amount allocated to local areas under paragraphs (2)(A) and
(3) of section 133(b) of the Workforce Investment Act of 1998
(as in effect on the day before the date of enactment of this
Act), received through an allocation made under paragraph
(2)(A) or (3) of that section for fiscal year 2013 or 2014,
respectively.''; and
(2) in subparagraph (B)(iv), by striking ``The term, used
with respect to fiscal year 2014, means a percentage of the
amount allocated to local areas under section 133(b)(2)(B) of
the Workforce Investment Act of 1998 (as in effect on the day
before the date of enactment of this Act), received through an
allocation made under that section for fiscal year 2014.''.
SEC. 242. USE OF FUNDS FOR EMPLOYMENT AND TRAINING ACTIVITIES.
(a) Required Statewide Employment and Training Activities.--
(1) Statewide rapid response activities.--Section
134(a)(2)(A)(ii) (29 U.S.C. 3174(a)(2)(A)(ii)) is amended by
striking ``, and section 133(a)(2) of the Workforce Investment
Act of 1998 (as in effect on the day before the date of
enactment of this Act)''.
(2) Statewide employment and training activities.--Section
134(a)(2)(B)(i) (29 U.S.C. 3174(a)(2)(B)) is amended by
striking subclauses (III) and (IV) and inserting the following:
``(III) local areas by providing
information on and support for the
effective development, convening, and
implementation of industry or sector
partnerships described in subsection
(c)(5);
``(IV) local areas for carrying out
career pathway development efforts,
which may include alignment and
coordination efforts with career and
technical education programs of study;
and
``(V) local areas, one-stop
operators, one-stop partners, and
eligible providers, including for--
``(aa) the continuous
development and training of
staff on strategies for
preparing individuals with
barriers to employment to enter
in-demand industry sectors or
occupations and nontraditional
occupations;
``(bb) the development of
exemplary program activities;
and
``(cc) the provision of
technical assistance to local
areas that fail to meet local
performance accountability
measures described in section
116(c);''.
(b) Allowable Statewide Employment and Training Activities.--
Section 134(a)(3)(A) (29 U.S.C. 3174(a)(3)(A)) is amended--
(1) in clause (ii), by inserting ``or bringing evidenced-
based programs to scale'' after ``strategies'';
(2) by amending clause (iii) to read as follows:
``(iii) the development or identification
of, and sharing of information (in transparent,
linked, open, and interoperable data formats)
about, education and training programs that--
``(I) respond to real-time labor
market analysis;
``(II) utilize direct assessment
and prior learning assessment to
measure and provide credit for prior
knowledge, skills, competencies, and
experiences;
``(III) evaluate such skills and
competencies for adaptability, ensure
credits are portable and stackable for
more skilled employment; and
``(IV) accelerate course or
credential completion, and facilitate
the sharing of information about such
programs in transparent, linked, open,
and interoperable data formats;'';
(3) by amending clause (v) to read as follows:
``(v) supporting the development of
alternative programs and other activities that
enhance the choices available to older
individuals (including options for self-
employment and other wage-earning activities
that lead to economic self-sufficiency), and
enhance skills (such as digital literacy) in
older individuals;'';
(4) in clause (viii)(II)--
(A) by amending item (dd) to read as follows:
``(dd) adult education,
literacy, and digital literacy
activities, including those
provided by public
libraries;'';
(B) in item (ee), by striking ``ex-offenders'' and
inserting ``justice-involved individuals'';
(C) by striking ``and'' at the end of item (ff);
and
(D) by adding at the end the following:
``(gg) programs under the
Older Americans Act of 1965 (42
U.S.C. 3001 et seq.) that
support employment and economic
security; and
``(hh) State domestic
violence coalitions (as defined
in section 302 of the Family
Violence Prevention and
Services Act (42 U.S.C. 10402))
and tribal coalitions (as
defined in section 40002(a) of
the Violence Against Women Act
of 1994 (34 U.S.C.
12291(a))).''.
(c) Required Local Employment and Training Activities.--
(1) In general.--Section 134(c)(1)(A) (29 U.S.C.
3174(c)(1)(A)) is amended by striking clauses (iv) and (v) and
inserting the following:
``(iv) to provide supportive services
described in paragraph (4) to adults and
dislocated workers, respectively, through the
one-stop delivery system in accordance with
such paragraph;
``(v) to establish and develop
relationships and networks with large and small
employers and their intermediaries; and
``(vi) to develop, convene, or implement
industry or sector partnerships described in
paragraph (5).''.
(2) Career services.--
(A) Services provided.--Section 134(c)(2)(A) (29
U.S.C. 3174(c)(2)(A)) is amended--
(i) by amending clause (iii) to read as
follows:
``(iii) initial assessment of skill levels
(including literacy, digital literacy,
numeracy, and English language proficiency),
competencies, abilities, current applicable
foreign academic and professional credentials,
guidance and services on transferring high-
skilled foreign certifications, and supportive
service needs, which may include diagnostic
testing and use of other assessment tools;'';
(ii) by amending clause (vi) to read as
follows:
``(vi) provision of workforce and labor
market employment statistics information and
related skills development information,
including the provision of accurate information
relating to local, regional, and national labor
market areas, including--
``(I) job vacancy listings in such
labor market areas;
``(II) information on job skills
and credentials necessary to obtain the
jobs described in subclause (I); and
``(III) information on education
and skills development programs that
are available for attaining needed
skills and credentials for the jobs
described in subclause (I), including
information--
``(aa) on the pathways to
such skills and credentials
(including information on
career pathway programs in the
local area);
``(bb) on the quality of
such education and training
programs, consistent with the
performance information
provided under clause (vii);
and
``(cc) on the comparability
of current foreign academic and
professional certifications to
needed skills and credentials;
and
``(IV) information relating to
local occupations in demand and the
earnings, skill requirements, and
opportunities for advancement for such
occupations;'';
(iii) by amending clause (xi) to read as
follows:
``(xi) assistance in identifying and
establishing eligibility for programs of
financial aid assistance for training and
education programs that are not funded under
this Act, including Federal financial aid under
title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et seq.) and through State-
funded education and training programs;'';
(iv) in clause (xii), by striking
subclauses (IV) through (XI) and inserting the
following:
``(IV) individual counseling,
including career counseling;
``(V) career planning;
``(VI) assessment and development
of employability skills, including
development of learning skills,
communication skills, interviewing
skills, punctuality, and professional
conduct, to prepare individuals for
unsubsidized employment or training;
``(VII) financial literacy
services, such as the activities
described in section 129(b)(2)(D);
``(VIII) out-of-area job search
assistance and relocation assistance;
or
``(IX) English language acquisition
and integrated education and training
programs; and''; and
(v) in clause (xiii), by inserting ``and
options for further skill upgrading and career
advancement'' after ``the workplace''.
(B) Use of previous assessments.--Subparagraph (B)
of section 134(c)(2) (29 U.S.C. 3174(c)(2)) is amended
to read as follows:
``(B) Use of previous assessments.--A one-stop
operator or one-stop partner shall not be required to
conduct a new interview, evaluation, or assessment of a
participant under subparagraph (A)(xii) if the one-stop
operator or one-stop partner determines that it is--
``(i) appropriate to use a recent
interview, evaluation, or assessment of the
participant conducted for another education or
training program; and
``(ii) using such recent interview,
evaluation, or assessment may accelerate
eligibility determination or facilitate
enrollment in a training program for which such
participant has been selected.''.
(C) Delivery of services.--Subparagraph (C) of
section 134(c)(2) (29 U.S.C. 3174(c)(2)) is amended by
inserting ``or community-based organizations to serve
individuals with barriers to employment,'' after
``nonprofit service providers,''.
(3) Training services.--
(A) In general.--Section 134(c)(3)(A) (29 U.S.C.
3174(c)(3)(A)) is amended--
(i) in clause (i)(II), by inserting before
the semicolon at the end the following: ``, or
to jobs that may be performed remotely''; and
(ii) by adding at the end the following:
``(iv) Adult education and family literacy
activities.--In the case of an individual who
is determined to not have the skills and
qualifications to successfully participate in
the selected program of training services under
clause (i)(I)(cc), the one-stop operator or
one-stop partner shall make available, or refer
such individual to, adult education and family
literacy activities under title II.''.
(B) Qualification.--Section 134(c)(3)(B) (29 U.S.C.
3174(c)(3)(B)) is amended by adding at the end the
following:
``(iv) Participation during pending
application.--An individual who meets the
eligibility requirements under subparagraph
(A)(i) to participate in a program of training
services may participate in such a program
during the period in which such individual's
enrollment in such program is being reviewed
under this section, except that the provider of
such program shall only receive reimbursement
under this Act for the individual's
participation during such period if such
individual's enrollment is approved under this
section.''.
(C) Training services.--Section 134(c)(3)(D) is
amended, in the matter preceding clause (i), by
striking ``Training services may include'' and
inserting ``Training services may be delivered in-
person or virtually, and may include''.
(D) Priority.--Section 134(c)(3)(E) (29 U.S.C.
3174(c)(3)(E)) is amended to read as follows:
``(E) Priority.--
``(i) In general.--With respect to funds
allocated to a local area for adult employment
and training activities under paragraph (2)(A)
or (3) of section 133(b), not less than 75
percent of such funds, used to provide career
services described in paragraph (2)(A)(xii),
training services, and supportive services,
shall be used to provide such services to--
``(I) recipients of public
assistance;
``(II) other low-income
individuals;
``(III) individuals who have
foundational skill needs; and
``(IV) individuals with barriers to
employment who are not described in
subclauses (I) through (III).
``(ii) Determinations of priority.--The
appropriate local board and the Governor shall
direct the one-stop operators in the local area
with regard to making determinations on how to
prioritize the populations listed in subclauses
(I) through (IV) of clause (i) for purposes of
clause (i).'';
(E) Use of individual training accounts.--Section
134(c)(3)(G) (29 U.S.C. 3174(c)(3)(G)) is amended--
(i) by amending clause (i) to read as
follows:
``(i) In general.--
``(I) Training services.--Except as
provided in clause (ii), training
services provided under this paragraph
shall be provided through the use of
individual training accounts in
accordance with this paragraph, and
shall be provided to eligible
individuals through the one-stop
delivery system.
``(II) Authorized costs.--An
individual training account may provide
any costs with respect to such training
services, as determined by the local
board, including--
``(aa) the costs of course
materials, supplies, uniforms,
technology, and other required
fees for graduation, licensure,
or certification; and
``(bb) in the case of a
provider that charges tuition
and fees for a training
program, the cost of such
tuition and fees.'';
(ii) in clause (ii), by amending subclause
(IV) to read as follows:
``(IV) the local board determines
that there is a training program
demonstrating effectiveness (including
cost effectiveness), and that can be
offered in the local area by a
community-based organization or another
private, nonprofit organization to
serve individuals with barriers to
employment;''; and
(iii) by striking clauses (iii) and (iv)
and inserting the following:
``(iii) Linkage to occupations in demand.--
``(I) In general.--Subject to
subclause (II), training services
provided under this paragraph shall be
directly linked to an in-demand
industry sector or occupation in the
local area or the planning region, or
in another area to which an adult or
dislocated worker receiving such
services is willing to relocate or that
may be performed remotely.
``(II) Exception.-- A local board
may approve training services for
occupations determined by the local
board to be in sectors of the economy
that have a high potential for
sustained demand or growth in the local
area.
``(iv) Credential in demand.--To the extent
practicable, training services provided under
this paragraph shall result in the attainment
of skills and credentials that are portable and
stackable.
``(v) Rule of construction.--Nothing in
this paragraph shall be construed to preclude
the combined use of individual training
accounts and contracts in the provision of
training services, including arrangements that
allow individuals receiving individual training
accounts to obtain training services that are
contracted for under clause (ii).''.
(F) Reimbursement for on-the-job training.--Section
134(c)(3)(H) (29 U.S.C. 3174(c)(3)(H)) is amended to
read as follows:
``(H) Reimbursement for on-the-job training.--
``(i) Reimbursement levels.--For purposes
of the provision of on-the-job training under
this paragraph, the Governor or local board
involved may increase the amount of the
reimbursement to an amount of up to 90 percent
of the wage rate of a participant for a program
carried out under chapter 2 or this chapter,
if--
``(I) the Governor approves the
increase with respect to a program
carried out with funds reserved by the
State under such chapter, taking into
account the factors described in clause
(iii); or
``(II) the local board approves the
increase with respect to a program
carried out with funds allocated to a
local area under such chapter, taking
into account the factors described in
clause (iii).
``(ii) Verification by one-stop operator.--
The one-stop operator within a local area
shall--
``(I) at least once during the on-
the-job training program, verify that
the employer meets the conditions
that--
``(aa) were certified by
the employer in the contract
for such program; and
``(bb) are consistent with
the factors described in clause
(iii), according to a
methodology determined by the
local board with consent from
the Governor; and
``(II) terminate the employer's
contract for such program if the
employer is not meeting such
conditions.
``(iii) Factors.--For purposes of this
subparagraph, the Governor or local board,
respectively, may take into account factors
consisting of--
``(I) basic indicators of job
quality, including--
``(aa) wage level upon
completion of a training
program;
``(bb) availability of
benefits, such as paid time
off, health insurance, and
retirement savings plan; and
``(cc) a safe workplace,
such as a record of compliance
with safety regulations
consistent with or better than
the industry average and
adoption of an independently
certified injury and illness
prevention program;
``(II) the characteristics of the
participants;
``(III) the size of the employer;
``(IV) the quality of employer-
provided training and advancement
opportunities; and
``(V) such other factors as the
Governor or local board, respectively,
may determine to be appropriate, which
may include the number of employees
participating in the training,
opportunities for promotions,
predictable and stable work schedule,
and relation of the training to the
competitiveness of a participant.''.
(4) Supportive services.--Section 134(c) (29 U.S.C. 3174)
is further amended by adding at the end the following:
``(4) Supportive services.--
``(A) In general.--A portion of the funds allocated
to a local area for adults under paragraph (2)(A) or
(3), as appropriate, of section 133(b), and a portion
of the funds allocated to the local area for dislocated
workers under section 133(b)(2)(B)--
``(i) shall be used to provide supportive
services (that are not needs-related payments)
to adults and dislocated workers,
respectively--
``(I) who are participating in
programs with activities authorized in
paragraph (2) or (3) of subsection (c),
or who entered unsubsidized employment
after participating in such programs,
for up to 12 months following the date
of first employment; and
``(II) who are unable to obtain
such supportive services through other
programs providing such services; and
``(ii) may be used to provide needs-related
payments to adults and dislocated workers,
respectively, who are unemployed and do not
qualify for (or have ceased to qualify for)
unemployment compensation for the purpose of
enabling such individuals to participate in
programs of training services under subsection
(c)(3).
``(B) Additional eligibility requirements for
needs-related payments.--In addition to the
requirements contained in subparagraph (A)(ii), a
dislocated worker who has ceased to qualify for
unemployment compensation may be eligible to receive
needs-related payments under this paragraph only if
such worker is enrolled in training services.
``(C) Level of payments.--The level of a needs-
related payment made to a dislocated worker under this
paragraph shall not exceed the greater of--
``(i) the applicable level of unemployment
compensation; or
``(ii) if such worker did not qualify for
unemployment compensation, an amount equal to
150 percent of the poverty line, for an
equivalent period, which amount shall be
adjusted to reflect changes in total family
income.''.
(d) Permissible Local Employment and Training Activities.--
(1) In general.--Section 134(d)(1)(A) (29 U.S.C.
3174(d)(1)(A)) is amended--
(A) in clause (vii)--
(i) by inserting ``and'' at the end of
subclause (III); and
(ii) by adding at the end the following:
``(IV) to strengthen, through
professional development activities,
the knowledge and capacity of staff to
use the latest digital technologies,
tools and strategies to equitably
deliver high quality services and
outcomes for jobseekers, workers, and
employers;'';
(B) in clause (viii), strike ``displaced
homemakers'' and insert ``displaced caregivers''; and
(C) in clause (ix)(II)(bb), by inserting ``,
technical assistance in support of job quality,
adoption of skills-based and equitable hiring
practices'' after ``apprenticeship''.
(2) Incumbent worker training programs; transitional
jobs.--Section 134(d) (29 U.S.C. 3174(d)), as amended by this
section, is further amended by striking paragraphs (2) through
(5), and inserting the following:
``(2) Incumbent worker training programs.--
``(A) In general.--
``(i) Standard reservation of funds.--The
local board may reserve and use not more than
25 percent of the funds allocated to the local
area involved under section 133(b) to pay for
the Federal share of the cost of providing
training through a training program for
incumbent workers, carried out in accordance
with this paragraph.
``(ii) Increase in reservation of funds.--
The local board may increase such reservation
of funds for a program year if the Governor
determines that the training from such funds
from the prior program year resulted in career
promotions for workers receiving such training
and created new job vacancies. For a program
year for which the reservation of funds is so
increased, clause (i) shall be applied by
substituting `30 percent' for `25 percent'.
``(iii) Determination of eligibility.--In
order for a local board to determine that an
employer is eligible to receive funding under
clause (i), the local board shall take into
account factors consisting of--
``(I) the basic indicators of job
quality described in subsection
(c)(3)(H)(iii)(I);
``(II) the characteristics of the
participants in the program;
``(III) the relationship of the
training to the competitiveness of a
participant and the employer; and
``(IV) such other factors as the
local board may determine to be
appropriate, which may include the
number of employees participating in
the training, and the existence of
other training and advancement
opportunities provided by the employer.
``(iv) Statewide impact.--The Governor or
State board involved may make recommendations
to the local board for providing incumbent
worker training that has statewide impact.
``(B) Training activities.--The training program
for incumbent workers carried out under this paragraph
shall be carried out by the local board in conjunction
with the employers or groups of employers of such
workers (which may include employers in partnership
with other entities for the purposes of delivering
training) for the purpose of assisting such workers in
obtaining the skills necessary to retain employment or
avert layoffs.
``(C) Employer payment of non-federal share.--
Employers participating in the program carried out
under this paragraph shall be required to pay for the
non-Federal share of the cost of providing the training
to incumbent workers of the employers.
``(D) Non-federal share.--
``(i) Factors.--Subject to clauses (ii) and
(iii), the local board shall establish the non-
Federal share of the cost of providing training
through a training program for incumbent
workers, by considering the indicators
described in subsection (c)(3)(H)(iii) and how
many of such indicators the employer certifies
will be met with respect to the employment of
incumbent workers upon completion of training
funded under this section.
``(ii) Limits.--The non-Federal share shall
not be less than--
``(I) 10 percent of the cost, for
employers with not more than 50
employees;
``(II) 25 percent of the cost, for
employers with more than 50 employees
but not more than 100 employees; and
``(III) 50 percent of the cost, for
employers with more than 100 employees.
``(iii) Calculation of employer share.--The
non-Federal share provided by an employer
participating in the program may include the
amount of the wages paid by the employer to a
worker while the worker is attending a training
program under this paragraph. The employer may
provide the share in cash or in kind, fairly
evaluated.
``(E) Verification by one-stop operator.--Upon
completion of the incumbent worker training program
funded under this section, the one-stop operator within
a local area shall verify that the employer met the
conditions that were certified to prior to receiving
the Federal share of the training program's costs,
consistent with this paragraph, according to a
methodology determined by the Governor or local board.
If such conditions were not met, the one-stop operator
shall prohibit the employer from receiving funds for
incumbent worker training under this section for a
period of 5 years.
``(3) Transitional jobs.--The local board may use not more
than 40 percent of the funds allocated to the local area
involved under section 133(b) to provide transitional jobs
under subsection (c)(3) that--
``(A) are time-limited work experiences that are
subsidized and are in the public, private, employment
social enterprise, or nonprofit sectors for individuals
with barriers to employment who are chronically
unemployed or have an inconsistent work history;
``(B) are combined with comprehensive employment
and supportive services; and
``(C) are designed to assist the individuals
described in subparagraph (A) to establish a work
history, demonstrate success in the workplace, and
develop skills that lead to entry into and retention in
unsubsidized employment.''.
CHAPTER 4--GENERAL WORKFORCE INVESTMENT PROVISIONS
SEC. 251. AUTHORIZATION OF APPROPRIATIONS.
Section 136 (29 U.S.C. 3181) is amended to read as follows:
``SEC. 136. AUTHORIZATION OF APPROPRIATIONS.
``(a) Youth Workforce Investment Activities.--There are authorized
to be appropriated to carry out the activities described in section
127(a), $1,026,450,000 for fiscal year 2023, $1,129,100,000 for fiscal
year 2024, $1,242,000,000 for fiscal year 2025, $1,366,200,000 for
fiscal year 2026, $1,502,800,000 for fiscal year 2027, and
$1,653,100,000 for fiscal year 2028
``(b) Summer and Year-round Employment Activities..--There are
authorized to be appropriated to section 130, $926,650,000 for fiscal
year 2023, $1,019,300,000 for fiscal year 2024, $1,121,250,000 for
fiscal year 2025, $1,233,400,000 for fiscal year 2026, $1,356,750,000
for fiscal year 2027, and $1,492,450,000 for fiscal year 2028.
``(c) Adult Employment and Training Activities.--There are
authorized to be appropriated to carry out the activities described in
section 132(a)(1), $1,555,600,000 for fiscal year 2023, $1,711,200,000
for fiscal year 2024, $1,882,300,000 for fiscal year 2025,
$2,070,500,000 for fiscal year 2026, $2,277,600,000 for fiscal year
2027, and $2,505,400,000 for fiscal year 2028.
``(d) Dislocated Worker Employment and Training Activities.--There
are authorized to be appropriated to carry out the activities described
in section 132(a)(2), $2,486,300,000 for fiscal year 2023,
$2,734,900,000 for fiscal year 2024, $3,008,400,000 for fiscal year
2025, $3,309,200,000 for fiscal year 2026, $3,640,100,000 for fiscal
year 2027, and $4,004,100,000 for fiscal year 2028.''.
Subtitle C--Job Corps
SEC. 261. AMENDMENTS RELATING TO JOB CORPS.
(a) Definitions.--
(1) In general.--Section 142 (29 U.S.C. 3192) is amended--
(A) by amending paragraph (7) to read as follows:
``(7) Job corps campus.--The term `Job Corps campus' means
a campus run by an operator selected by the Secretary pursuant
to section 147, carrying out Job Corps activities.''; and
(B) by adding at the end the following:
``(11) State.--The term `State' has the meaning given the
term in section 3, except that such term also includes outlying
areas (as defined in section 3).''.
(2) Conforming amendments.--Subtitle C of title I (29
U.S.C. 3191 et seq.) is amended--
(A) by striking ``Job Corps center'' each place
such term appears (including in any headings) and
inserting ``Job Corps campus''; and
(B) by striking ``Job Corps centers'' each place
such term appears (including in any headings) and
inserting ``Job Corps campuses''.
(b) Individuals Eligible for the Job Corps.--Section 144 (29 U.S.C.
3194) is amended--
(1) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) not less than age 16 and not more than age 24 on the
date of enrollment;'';
(B) by amending paragraph (2) to read as follows:
``(2) an individual who is--
``(A) a low-income individual as defined in
subsection (h)(4) of section 402A of the Higher
Education Act of 1965 (20 U.S.C. 1070a-11) as
determined using procedures similar to those in
subsection (e) of such section; or
``(B) a resident of a qualified opportunity zone as
defined in section 1400Z-1(a) of the Internal Revenue
Code of 1986; and''; and
(C) in paragraph (3)--
(i) in subparagraph (A), by striking
``Basic skills deficient'' and inserting ``An
individual with foundational skill needs'';
(ii) in subparagraph (B), by striking ``A
school dropout'' and inserting ``An opportunity
youth''; and
(iii) in subparagraph (D), by inserting
``or an individual who is pregnant'' before the
period; and
(2) by amending subsection (b) to read as follows:
``(b) Special Rule for Veterans.--A veteran shall be eligible to
become an enrollee if the veteran meets the requirements of subsection
(a)(1).''.
(c) Recruitment, Screening, Selection, and Assignment of
Enrollees.--Section 145(a) (29 U.S.C. 3195(a)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (D), by striking ``and'' at the
end;
(B) in subparagraph (E), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(F) assist one-stop centers and other entities
identified in paragraph (3) in developing joint
applications for Job Corps, YouthBuild, and youth
workforce investment activities under which an
applicant may submit a single application for all such
programs.''; and
(2) in paragraph (5), by striking the last sentence.
(d) Job Corps Campuses.--Section 147 (29 U.S.C. 3197) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting at
the end the following: ``Such award shall be
based upon best value and fair and reasonable
pricing.''; and
(ii) by amending subparagraph (B) to read
as follows:
``(B) Considerations.--
``(i) Student outcomes.--In selecting an
entity to operate a Job Corps campus, the
Secretary shall consider a numeric metric of
recent past effectiveness of the entity in
assisting opportunity youth to connect to the
workforce, to be calculated based on data
regarding--
``(I) the percentage of students
served by the entity who were in
education or training activities, or in
unsubsidized employment, during the
second quarter after exit from the
relevant program;
``(II) the percentage of students
served by the entity who were in
education or training activities, or in
unsubsidized employment, during the
fourth quarter after exit from the
relevant program;
``(III) the median earnings of
students served by the entity who were
in unsubsidized employment during the
second quarter after exit from the
relevant program;
``(IV) the percentage of students
served by the entity who obtained a
recognized postsecondary credential, or
a secondary school diploma or its
recognized equivalent, during
participation in or within 1 year after
exit from the relevant program; and
``(V) expected levels of
performance established under section
159(c)(2) or similar metrics for
recruitment of eligible youth for
relevant contracts or grants.
``(ii) Market development.--
``(I) Mentor-protege program.--The
Secretary shall carry out a mentor-
protege program in accordance with
section 45 of the Small Business Act
(15 U.S.C. 657r) with respect to Job
Corps campus operations.
``(II) Past-performance.--The
Secretary shall publish comparable
alternative metrics for entities
without previous experience in Job
Corps campus operations to demonstrate
their past effectiveness in accordance
with the requirements of clause (i).'';
and
(B) in paragraph (3)--
(i) in subparagraph (A), by inserting
``high-skill, high-wage, or'' before ``in-
demand'';
(ii) in subparagraph (C), by striking
``Workforce Investment Act of 1998'' and
inserting ``Workforce Innovation and
Opportunity Act'';
(iii) by redesignating subparagraph (K) as
subparagraph (L); and
(iv) by inserting after subparagraph (J)
the following:
``(K) A description of the entity's ability to
demonstrate a record of successfully operating a safe
learning and residential environment for opportunity
youth.'';
(2) in subsection (b), by striking paragraphs (2) and (3)
and inserting the following:
``(2) High performance.--An entity shall be considered to
be an operator of a high-performing campus if the Job Corps
campus operated by the entity was ranked among the top 25
percent of Job Corps campuses, excluding Civilian Conservation
Centers described in subsection (d), for the two most recent
preceding program years.'';
(3) in subsection (d), by adding at the end the following:
``(4) Direct hire authority.--The Secretary of Agriculture
may appoint, without regard to the provisions of subchapter I
of chapter 33 of title 5, United States Code (other than
sections 3303 and 3328 of such title), a graduate of a Civilian
Conservation Center who successfully completed a training
program focused on forestry, wildland firefighting, or another
topic relating to the mission of the Forest Service directly to
a position with the Department of Agriculture, Forest Service,
for which the candidate meets Office of Personnel Management
qualification standards.'';
(4) in subsection (f), by striking ``2-year'' and inserting
``4-year''; and
(5) in subsection (g)(1), by striking ``, for both of the 2
most recent preceding program years'' and all that follows
through the end and inserting ``the agreement has been in place
for at least 3 years and for both of the 2 most recent
preceding program years for which information is available at
the time the determination is made, such campus has been ranked
in the lowest 10 percent of Job Corps campuses.''.
(e) Program Activities.--Section 148(a) (29 U.S.C. 3198(a)) is
amended, in the subsection heading, by inserting ``Academic'' before
``Activities''.
(f) Support.--Section 150 (29 U.S.C. 3200) is amended--
(1) in subsection (c), by striking ``3 months'' and
inserting ``12 months''; and
(2) by adding at the end the following:
``(d) Period of Transition.--Notwithstanding the requirements of
section 146(b), Job Corps graduates may remain enrolled and a resident
of a Job Corps campus for not more than 1 month after graduation,
subject to approval by the director of the Job Corps Campus, in order
to facilitate their transition into independent living and
employment.''.
(g) Operations.--Section 151 (29 U.S.C. 3201) is amended to read as
follows:
``SEC. 151. OPERATIONS.
``(a) Operating Plan.--
``(1) In general.--The provisions of the contract between
the Secretary and an entity selected to operate a Job Corps
campus shall, including any subsequent modifications to such
contract, serve as an operating plan for the Job Corps campus.
``(2) Federal changes to operating plan.--The Secretary may
require the operator to submit additional information, as the
Secretary deems necessary for compliance with any relevant
regulations, which shall be considered part of the operating
plan.
``(3) Availability.--The Secretary shall make the operating
plan described in paragraphs (1) and (2), excluding any
proprietary information, available on a publicly accessible
website.
``(b) Local Authorities.--Subject to the limitations of their
approved budgets, the operators of Job Corps campuses shall have the
authority, without prior approval from the Secretary, to--
``(1) hire staff and invest in staff professional
development;
``(2) enter into agreements with local partners, such as
secondary and postsecondary schools or employers; and
``(3) engage with and educate stakeholders about Job Corps
operations and activities.''.
(h) Standards of Conduct.--Section 152 (29 U.S.C. 3202) is
amended--
(1) in subsection (a), by striking the second sentence;
(2) by amending subsection (b) to read as follows:
``(b) Behavioral Management Plan.--
``(1) In general.--As part of the operating plan defined in
section 151(a), the director of each Job Corps campus shall
develop and implement a behavioral management plan, subject to
the approval of the Secretary. Such plan shall include student
standards of conduct, positive behavioral interventions and
supports, and multi-tier systems of supports.
``(2) Disciplinary measures and drug testing.--
``(A) Disciplinary measures.--To promote the proper
behavioral standards in the Job Corps, the director of
each Job Corps campus shall, consistent with the
applicable behavioral management plan described in
paragraph (1), have the authority to take appropriate
disciplinary measures against enrollees if such
director determines that an enrollee has committed a
violation of the standards of conduct. The director
shall adopt a zero tolerance policy for an act of
violence or a credible threat of violence that
seriously endangers the safety of students, staff, or
the local community and for illegal activity on the
campus.
``(B) Drug testing.--The Secretary shall require
drug testing of all enrollees for controlled
substances, as set forth in section 102 of the
Controlled Substances Act (21 U.S.C. 802), in
accordance with procedures prescribed by the Secretary
under section 145(a).
``(C) Definitions.--In this paragraph:
``(i) Controlled substance.--The term
`controlled substance' has the meaning given
the term in section 102 of the Controlled
Substances Act (21 U.S.C. 802).
``(ii) Zero tolerance policy.--The term
`zero tolerance policy' means a policy under
which an enrollee shall be automatically
dismissed from the Job Corps after a
determination by the director that the enrollee
has carried out an act of violence that
seriously endangers the safety of students,
staff, or the local community or engaged in an
illegal activity on the campus.
``(3) Advisory group.--The Secretary shall periodically
convene an advisory group of Job Corps operators and service
providers and subject matter experts to review the reporting
data collected under paragraph (5) and provide recommendations
for Job Corps behavioral management plans based on evidence-
based research regarding effective and equitable behavioral
policies.
``(4) Law enforcement agreements.--The directors of each
Job Corps campus shall enter into an agreement with the
relevant local law enforcement agency of jurisdiction regarding
the procedures for reporting and investigating potentially
illegal activity on Job Corps campuses.
``(5) Incident reporting.--The Secretary shall establish
procedures for--
``(A) reporting significant health incidents,
including substance abuse, self-harm, and accidents
resulting in bodily harm; and
``(B) reporting significant behavioral incidents,
defined as acts of violence or illegal activity.
``(6) Accountability.--The Secretary shall establish
standards under which a Job Corps campus shall be required to
take performance improvement actions described in section
159(f), based on an evaluation of such Job Corps campus, which
shall take into account reporting data collected under
paragraph (5) and recommendations of the advisory group
pursuant to paragraph (3).''.
(i) Experimental Projects and Technical Assistance.--Section 156(a)
(29 U.S.C. 3206(a)) is amended to read as follows:
``(a) Projects.--The Secretary may carry out experimental,
research, or demonstration projects relating to evidence-based
strategies for improving the operations of a Job Corps campus that was
ranked among the bottom 10 percent of Job Corps campuses. The Secretary
may waive any provisions of this subtitle that the Secretary finds
would prevent the Secretary from carrying out the projects (other than
sections 145, 147, and 159(c)) provided that--
``(1) the project will not result in a reduction in the
number of students served; and
``(2) if the Secretary informs the Committee on Education
and Labor of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate, in
writing, not less than 90 days in advance of issuing such
waiver.''.
(j) Application of Provisions of Federal Law.--
(1) In general.--Section 157 (29 U.S.C. 3207) is amended by
adding at the end the following:
``(d) Service Contract Act.--
``(1) In general.--Operators and service providers,
including subcontractors thereto, are subject to and shall be
required to abide by chapter 67 of title 41, United States Code
(commonly known as the `McNamara-O'Hara Service Contract Act of
1965').
``(2) Academic and career technical instructional
employees.--Notwithstanding section 6701(3)(C) of such chapter,
an academic or career technical instructional employee at a Job
Corps campus shall be considered a `service employee' for
purposes of applying such chapter under paragraph (1).
``(3) Rule of construction.--To the extent compensation
levels being paid or scheduled to be paid by an employer are,
in the aggregate, greater than those determined by the
Secretary of Labor to be required under this subsection, or as
set forth in a collective bargaining agreement, nothing herein
shall be construed to require a reduction of such
compensation.''.
(2) Effective date.--
(A) Agreements in effect on date of enactment.--Not
later than 60 days after the date of enactment of this
Act, the Secretary shall, subject to appropriations,
modify all agreements with operators and service
providers in effect as of such date of enactment to
include the requirements imposed by the amendment made
by paragraph (1).
(B) Pending solicitations.--Upon the date of
enactment of this Act, the Secretary shall include the
requirements imposed by the amendment made by paragraph
(1) in any pending solicitation for an operator or
service provider.
(k) Staffing.--
(1) In general.--To ensure compliance with chapter 67 of
title 41, United States Code (commonly known as the `McNamara-
O'Hara Service Contract Act of 1965'), as such chapter is
applied by section 157(d) of the Workforce Innovation and
Opportunity Act, the staffing plan and the associated budget of
an entity proposing to be an operator or service provider for a
Job Corps campus shall incorporate hourly wages (or salaries as
appropriate) and fringe benefit costs for occupational
classifications at least equal to the wage determination
determined by the Secretary of Labor for the locality of the
Job Corps campus. In preparing such wage determination, the
Secretary shall compare the specific job classifications at the
Job Corps campus with those occupations most closely correlated
with those employed by public education providers in the
locality with the goal of ensuring equivalency to the maximum
extent feasible.
(2) Adjustments permitted.--The Secretary may further
adjust compensation levels in a contract with an operator or
service provider to ensure sufficient availability and
retention of qualified personnel in the locality.
(3) Annual updates.--The Secretary shall update hourly
wages (or salaries as appropriate) and fringe benefit levels
for such occupations covered in this paragraph on an annual
basis.
(l) Special Provisions.--Section 158(f) (29 U.S.C. 3208(f)) is
amended--
(1) by striking ``Secretary'' and inserting ``directors of
Job Corps campuses'';
(2) by striking ``the Job Corps or individual'' and
inserting ``such''; and
(3) by adding at the end the following: ``Any real property
acquired shall be directly transferred to the Secretary in
accordance with chapter 5 of title 40 and on a nonreimbursable
basis.''
(m) Management Information.--Section 159 (29 U.S.C. 3209) is
amended--
(1) in subsection (a), by adding at the end the following:
``(4) Annual reconciliation.--Prior to the expiration of
any appropriated Job Corps operations funds for any fiscal
year, any anticipated unobligated funds may, subject to
appropriations, be obligated to projects identified under
subsection (h)(1).'';
(2) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1) Levels of performance and indicators.--
``(A) In general.--At the start of each contract
period, and at least every two program years in the
case of Civilian Conservation Centers, the Secretary
shall establish expected levels of performance for each
Job Corps campus relating to each of the primary
indicators of performance for eligible youth described
in section 116(b)(2)(A)(ii) using the model described
in subparagraph (B).
``(B) Performance model.--At least every four years
and no more than every two years, the Secretary shall
develop a model for establishing the expected levels of
performance for each Job Corps campus, in accordance
with the following:
``(i) Equity.--The model shall account for
significant correlations between various
factors and student outcomes, including:
``(I) Student demographics,
including age, gender, race, ethnicity,
documented disabilities, and education
level on entry.
``(II) Employment conditions in
students' home communities.
``(ii) Development.--The model shall be
developed by subject matter experts in the
fields of Job Corps operations, program
evaluation, statistical analysis, and related
fields using available Job Corps data as well
as regional economic data.
``(iii) Transparency.--The performance
model and the past effectiveness metric
identified in section 147(a)(2)(B)(i),
including the procedures outlined in section
147(a)(2)(B)(iv), shall be published for
comment in the Federal Register.'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking
``and'' at the end; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) the number of enrollees recruited that meet
the requirements of section 144(a); and
``(C) the measurement described in subparagraph (K)
of subsection (d)(1).''; and
(C) in paragraph (4)--
(i) in subparagraph (A), by striking
``and'' at the end;
(ii) in subparagraph (B), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) information on the performance of the Job
Corps selection process in section 147(a)(2) with
respect to increasing performance as measured pursuant
to subparagraph (A), specifically including information
on the performance of each Job Corps campus as compared
to its annual performance immediately prior to its
current operating agreement.'';
(3) in subsection (d)(1)--
(A) by striking subparagraph (I); and
(B) by redesignating subparagraphs (J) through (O)
as subparagraphs (I) through (N), respectively;
(4) in subsection (f)--
(A) in paragraph (2)--
(i) in subparagraph (E), by adding ``or''
at the end;
(ii) in subparagraph (F), by striking ``;
or'' and inserting a period; and
(iii) by striking subparagraph (G); and
(B) by amending paragraph (4) to read as follows:
``(4) Civilian conservation centers.--In addition to the
primary indicators of performance specified in subsection
(c)(1), Civilian Conservation Centers shall be evaluated on
their contribution to the nation's conservation goals by the
Secretaries of Agriculture and Labor. If the Secretaries
jointly conclude that a Civilian Conservation Center is not
meeting these dual performance goals, they may take performance
improvement actions described in subparagraph (A), (B), or (C)
of paragraph (2) of this subsection.''; and
(5) in subsection (g)(2)--
(A) by striking ``has entered'' and inserting
``enters''; and
(B) by striking ``comply'' and inserting ``attest
to compliance''.
(n) Technical Amendment.--Subtitle C of title I (29 U.S.C. 3191 et
seq.) is amended by striking ``Committee on Education and the
Workforce'' each place it appears and inserting ``Committee on
Education and Labor''.
(o) Authorization of Appropriations.--Section 162 (29 U.S.C. 3212)
is amended to read as follows:
``SEC. 162. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to carry
out this subtitle--
``(1) $1,809,857,925 for fiscal year 2023;
``(2) $1,873,202,952 for fiscal year 2024;
``(3) $1,938,765,056 for fiscal year 2025;
``(4) $2,006,621,833 for fiscal year 2026;
``(5) $2,076,853,597 for fiscal year 2027; and
``(6) $2,149,543,473 for fiscal year 2028.
``(b) Construction Costs.--Of the amount authorized in subsection
(a) for each of fiscal years 2023 through 2028, $107,800,000 shall be
for construction, rehabilitation, and acquisition of Job Corps
Campuses.''.
Subtitle D--National Programs
SEC. 271. NATIVE AMERICAN PROGRAMS.
Section 166 (29 U.S.C. 3221) is amended--
(1) in subsection (c), by striking ``, on a competitive
basis,'';
(2) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``and'' at the end;
(ii) in subparagraph (B), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) are evidence-based, to the extent
practicable.''; and
(B) by amending paragraph (2) to read as follows:
``(2) Workforce development activities and supplemental
services.--Funds made available under subsection (c) shall be
used for--
``(A) comprehensive workforce development
activities for Indians, Alaska Natives, or Native
Hawaiians, including training on entrepreneurial
skills; or
``(B) supplemental services for Indian, Alaska
Native, or Native Hawaiian youth on or near Indian
reservations and in Oklahoma, Alaska, or Hawaii.''; and
(3) in subsection (i)--
(A) in paragraph (1)--
(i) in the heading, by striking ``unit''
and inserting ``division''; and
(ii) by striking ``unit'' and inserting
``division'';
(B) in paragraph (4)--
(i) by amending subparagraph (B) to read as
follows:
``(B) Composition.--
``(i) In general.--The Council shall be
composed of individuals, appointed by the
Secretary, who are representatives of the
entities described in subsection (c).
``(ii) Vacancies.--Any member appointed to
fill a vacancy occurring before the expiration
of the term for which the member's predecessor
was appointed shall be appointed only for the
remainder of that term. A member may serve
after the expiration of that member's term
until a successor has taken office.''; and
(ii) in subparagraph (C), by striking
``unit'' and inserting ``division''; and
(C) in paragraph (5), by striking ``unit'' and
inserting ``division''.
SEC. 272. MIGRANT AND SEASONAL FARMWORKER PROGRAMS.
Section 167 (29 U.S.C. 3222) is amended--
(1) in subsection (d), by inserting ``be used for the 4-
year period for which funds are provided under this section,
and which may'' after ``which may'';
(2) in subsection (h)--
(A) in the heading, by inserting ``; Funding
Obligation'' after ``Funding Allocation'';
(B) by striking ``From the'' and inserting the
following:
``(1) Funding allocation.--From the''; and
(C) by adding at the end the following:
``(2) Funding obligation.--
``(A) In general.--Funds appropriated and made
available to carry out this section for any fiscal year
may be obligated to any entity described in subsection
(b) during the period beginning on April 1 of the
calendar year that begins during such fiscal year, and
ending on June 30 of the following calendar year.
``(B) Obligated amount.--Funds made available under
this section for a fiscal year to any entity described
in subsection (b) shall be obligated and available for
expenditure by such entity for the period beginning on
July 1 of the calendar year that begins during such
fiscal year, and ending on June 30 of the following
calendar year, except that the Secretary may extend
such period if the Secretary determines that such
extension is necessary to ensure the effective use of
such funds by such entity.''; and
(3) in subsection (i)(3)(A)(i), by striking ``12'' and
inserting ``8''.
SEC. 273. TECHNICAL ASSISTANCE.
Section 168(a)(1) (29 U.S.C. 3223(a)(1)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``staff development'' and inserting ``professional development
for staff'';
(2) in subparagraph (C), by inserting ``professional
development and'' after ``the'' the first place it appears;
(3) in subparagraph (D), by inserting ``professional
development and'' after ``the'';
(4) in subparagraph (G), by striking ``and'' at the end;
(5) in subparagraph (H), by striking the period at the end
and inserting ``; and'' ; and
(6) by adding at the end the following:
``(I) the training of staff at one-stop centers on
trauma-informed approaches, gender and racial biases,
and the unique safety challenges faced by survivors of
gender-based violence.''.
SEC. 274. EVALUATIONS AND RESEARCH.
Section 169 (29 U.S.C. 3224) is amended--
(1) in subsection (a)--
(A) in paragraph (4), by striking ``2019'' and
inserting ``2027''; and
(B) in paragraph (6), by striking ``the Workforce''
and inserting ``Labor'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``the Workforce''
and inserting ``Labor''; and
(B) in paragraph (4)--
(i) by striking subparagraphs (B) through
(J);
(ii) by redesignating subparagraph (K) as
subparagraph (C);
(iii) by inserting after subparagraph (A)
the following:
``(B) Study on correctional education and
training.--The Secretary of Labor, in coordination with
the Secretary of Education, may conduct a study to
determine the feasibility of, and potential means to
replicate the measurement of recidivism for former
criminal offenders who participated in adult employment
and training activities under this title or
correctional institution education programs under title
II to improve the quality and performance of such
services or activities.''; and
(iv) in subparagraph (C), as so
redesignated, by striking ``the Workforce'' and
inserting ``Labor'';
(3) by redesignating subsection (c) as subsection (d); and
(4) by inserting after subsection (b) the following:
``(c) Workforce Development Innovation Fund.--
``(1) Program authorized.--
``(A) In general.--The Secretary may award
workforce development innovation grants, on a
competitive basis, to eligible entities to enable such
entities to--
``(i) create, implement, replicate, or take
to scale entrepreneurial, evidence-based,
field-initiated innovation programs and
services for improving the design and delivery
of employment and training services that
generate long-term improvements in the
performance of the workforce development
system, in outcomes for job-seekers (including
individuals with barriers to employment), and
in the cost-effectiveness of programs and
services; and
``(ii) rigorously evaluate such programs
and services in accordance with this
subsection.
``(B) Description of grants.--The grants described
in subparagraph (A) shall include--
``(i) early-phase grants to fund the
development, implementation, and feasibility
testing of an innovation program or service,
which prior research suggests has promise, for
the purpose of determining whether such program
or service can successfully improve the design
and delivery of employment and training
services that generate long-term improvements
in the performance of the workforce development
system, in outcomes for job-seekers (including
individuals with barriers to employment), and
in the cost-effectiveness of such programs and
services;
``(ii) mid-phase grants to fund
implementation and a well-designed and well-
implemented evaluation of such a program or
service that has been successfully implemented
under an early-phase grant described in clause
(i) or other effort meeting similar criteria,
for the purpose of measuring the impact and
cost effectiveness of such programs or
services, using data collected pursuant to the
implementation of such program or service, if
possible; and
``(iii) expansion grants to fund
implementation and a well-designed and well-
implemented replication evaluation of such a
program or service that has been found to
produce sizable, important impacts under a mid-
phase grant described in clause (ii) or other
effort meeting similar criteria, for the
purposes of--
``(I) determining whether such
impacts may be successfully reproduced
and sustained over time; and
``(II) identifying the conditions
in which such a program or service is
most effective.
``(2) Technical assistance.--Of the funds made available to
carry out this subsection for a fiscal year, the Secretary
shall reserve not more than 5 percent of the funds to--
``(A) provide technical assistance to eligible
entities, which may include preapplication workshops,
web-based seminars, and evaluation support; and
``(B) disseminate evidence-based best practices.
``(3) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity'
means any of the following:
``(i) A State board.
``(ii) A local board.
``(iii) An Indian tribe, tribal
organization, Alaska Native entity, Indian-
controlled organization serving Indians, or
Native Hawaiian organization that is eligible
to receive an award under section 166.
``(iv) A community-based, nonprofit, or
nongovernmental organization serving an
underserved population.
``(v) An institution of higher education
(as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)).
``(vi) A consortium of such entities
described under clause (i) through clause (v).
``(B) Well-designed and well-implemented.--The term
`well-designed and well-implemented', as applied to an
evaluation study, means a study that is replicable,
uses programmatic and control groups that are
representative of the type of population served by the
program, uses controls for aggregate shifts that might
affect baseline numbers, does not have problems with
attrition from the program, and takes measures to avoid
creaming.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection,
such sums as may be necessary for each of the fiscal years 2023
through 2028.''.
SEC. 275. NATIONAL DISLOCATED WORKER GRANTS.
Section 170(c)(1)(B) (29 U.S.C. 3225(c)(1)(B)) is amended by
striking ``and any other'' and all that follows through
``dislocations.'' and inserting ``which may include a national or
regional intermediary that provides employment and training activities
to dislocated workers.''.
SEC. 276. YOUTHBUILD PROGRAM.
Section 171 (29 U.S.C. 3226) is amended--
(1) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1) Reservation, amount of grants.--
``(A) Reservation.--In any fiscal year in which the
amount appropriated to carry out this section is
greater than $125,000,000, the Secretary shall reserve
20 percent of such amount that is greater than
$125,000,000 for--
``(i) grants to applicants that are located
in rural areas (as defined by the Secretary);
and
``(ii) programs operated by an Indian tribe
or for the benefit of the members of an Indian
Tribe for the purpose of carrying out
YouthBuild programs approved under this
section.
``(B) Amount of grants.--After making the
reservation described under subparagraph (A), the
Secretary may use the remaining amount appropriated to
carry out this section to make grants to applicants for
the purpose of carrying out YouthBuild programs
approved under this section.'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in clause (iv)(II), by striking
``English language learners'' and
inserting ``English learners'';
(II) in clause (vii), by striking
``12'' and inserting ``24''; and
(ii) by adding at the end the following:
``(I) Provision of meals and other food assistance
that is offered to participants in conjunction with
another activity described in this paragraph.
``(J) Informing participants of their eligibility,
and assisting participants in applying, for Federal and
State means tested benefit programs, such as the
supplemental nutrition assistance program, and
assistance provided by the State through the Child Care
Development Block Grant Act.
``(K) Supportive services for individuals with
disabilities to ensure such individuals may fully
participate in a YouthBuild program.''; and
(C) by adding at the end the following:
``(6) Use of funds for match.--Consistent with the
requirements described under subsection (e)(3), an entity which
receives a grant under this section may use a portion of such
grant to meet all or a portion of the requirement to provide
matching funds under section 121(e) of the National and
Community Service Act of 1990 (42 U.S.C. 12571(e)) or any other
such requirements under such Act.'';
(2) in subsection (e)(1)--
(A) in subparagraph (A)(ii), by striking ``youth
offender'' and inserting ``youth justice-involved
individual''; and
(B) in subparagraph (B)(i), by striking ``basic
skills deficient'' and inserting ``foundational skill
needs'';
(3) in subsection (f), by adding at the end the following:
``(3) Consultation.--In establishing expected levels of
performance under paragraph (1), the Secretary shall consult,
on not less than an annual basis, with YouthBuild programs to
ensure such levels of performance account for the workforce and
postsecondary experiences of youth served by such programs.'';
(4) in subsection (g), by adding at the end the following:
``(4) Annual release of funding opportunity announcement.--
The Secretary shall, to the greatest extent practicable,
announce new funding opportunities for grants under this
section during the same time period each year that such grants
are announced.
``(5) State wage data.--States receiving grants under this
Act shall facilitate access to wage data of participants in
YouthBuild programs for the purpose of meeting the requirements
of this section. Such facilitation shall not reduce any
protections afforded by the State that protect the privacy of
participant information.''; and
(5) by amending subsection (i) to read as follows:
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $159,500,000 for fiscal year 2023;
``(2) $167,500,000 for fiscal year 2024;
``(3) $175,900,000 for fiscal year 2025;
``(4) $184,700,000 for fiscal year 2026;
``(5) $193,000,000 for fiscal year 2027; and
``(6) $203,600,000 for fiscal year 2028.''.
SEC. 277. STRENGTHENING COMMUNITY COLLEGES TRAINING GRANTS PROGRAM.
Subtitle D of title I (29 U.S.C. 3221 et seq.), as amended by this
Act is further amended--
(1) by redesignating section 172 as section 176; and
(2) by inserting after section 171 the following:
``SEC. 172. STRENGTHENING COMMUNITY COLLEGES TRAINING GRANTS PROGRAM.
``(a) Purposes.--The purposes of this section are--
``(1) to establish, improve, or expand high-quality
educational or career training programs at community colleges;
and
``(2) to expand opportunities for individuals to obtain
recognized postsecondary credentials that are nationally or
regionally portable and stackable for high-skill, high-wage, or
in-demand industry sectors or occupations.
``(b) Strengthening Community Colleges Training Grants Program.--
``(1) In general.--From the amounts appropriated to carry
out this section under subsection (k) and not reserved under
paragraph (2), the Secretary shall, on a competitive basis,
make grants to eligible institutions to carry out the
activities described in subsection (e).
``(2) Reservation.--Of the amounts appropriated to carry
out this section under subsection (k), the Secretary may
reserve not more than two percent for the administration of
grants awarded under this section, including--
``(A) providing technical assistance and targeted
outreach to support eligible institutions serving a
high number or high percentage of low-income
individuals or individuals with barriers to employment,
and rural-serving eligible institutions, to provide
guidance and assistance in the process of applying for
grants under this section; and
``(B) evaluating and reporting on the performance
and impact of programs funded under this section in
accordance with subsections (f) through (h).
``(c) Award Period.--
``(1) Initial grant period.--Each grant under this section
shall be awarded for an initial period of not more than 4
years.
``(2) Subsequent grants.--An eligible institution that
receives an initial grant under this section may receive one or
more additional grants under this section for additional
periods of not more than 4 years each if the eligible
institution demonstrates that the community college and
industry partnership supported with the initial grant was
successful (as determined by the Secretary on the basis of the
levels of performance achieved with respect to the performance
indicators specified in subsection (f)).
``(d) Application.--
``(1) In general.--To be eligible to receive a grant under
this section, an eligible institution shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require.
``(2) Contents.--At a minimum, an application submitted by
an eligible institution under paragraph (1) shall include a
description of each the following:
``(A) The extent to which the eligible institution
included in the partnership has prior experience in
leading similar capacity building projects that
demonstrates the institution's ability to accomplish
multi-pronged, complex projects and an explanation of
the results of any such projects.
``(B) The extent to which the eligible institution
can--
``(i) leverage additional resources to
support the programs funded with the grant; and
``(ii) demonstrate the future
sustainability of each such program.
``(C) The steps the institution will take to ensure
the quality of each program supported by the grant,
including the career pathways within such programs.
``(D) The needs that will be addressed by the
community college and industry partnership supported by
the grant.
``(E) The population and geographic area to be
served by the partnership.
``(F) One or more industries that the partnership
will target and data demonstrating that those
industries are aligned with employer demand in the
geographic area to be served by the partnership.
``(G) The educational or career training programs
to be supported by the grant.
``(H) The recognized postsecondary credentials that
are expected to be earned by participants in such
programs and the related in-demand industry sectors or
occupations for which such programs will prepare
participants.
``(I) The evidence upon which the education and
training strategies to be used in the programs are
based and an explanation of how such evidence
influenced the design of the programs to improve
education and employment outcomes.
``(J) The methods and strategies the partnership
will use to engage with employers in in-demand industry
sectors or occupations.
``(K) The roles and responsibilities of each
employer, organization, agency, or institution of
higher education with which the eligible institution
will partner to carry out activities under this
section.
``(L) Whether, and to what extent, the activities
of the partnership are expected to align with the
workforce strategies identified in--
``(i) any State plan or local plan
submitted under this Act by the State, outlying
area, or locality in which the partnership is
expected to operate;
``(ii) any State plan submitted under
section 122 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C.
2342) by such State or outlying area; and
``(iii) any economic development plan of
the chief executive of such State or outlying
area.
``(M) The goals of the partnership with respect
to--
``(i) capacity building (as described in
subsection (f)(1)(B)); and
``(ii) the expected performance of
individuals participating in the programs to be
offered by the partnership, including with
respect to any performance indicators
applicable under section 116 or subsection (f)
of this section.
``(3) Consideration of previous experience.--The Secretary
may not disqualify an otherwise eligible institution from
receiving a grant under this section solely because such
institution lacks previous experience in capacity building
projects, as described in subparagraph (2)(A).
``(4) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible entities that will
use the grant to serve--
``(A) individuals with barriers to employment; or
``(B) incumbent workers who need to gain or improve
foundational skills to enhance their employability.
``(e) Uses of Funds.--
``(1) Community college and industry partnership.--For the
purpose of carrying out the activities specified in paragraphs
(2) and (3), an eligible institution that receives a grant
under this section shall establish a partnership or continue an
existing partnership with one or more employers in an in-demand
industry sector or occupation and shall maintain such
partnership for the duration of the grant period. The eligible
institution shall ensure that the partnership--
``(A) targets one or more specific high-skill,
high-wage, or in-demand industries;
``(B) includes collaboration with the workforce
development system;
``(C) serves adult and dislocated workers,
incumbent workers, and new entrants to the workforce;
``(D) uses an evidence-based program design that is
appropriate for the activities carried out by the
partnership; and
``(E) incorporates, to the extent appropriate,
virtual service delivery to facilitate technology-
enabled learning.
``(2) Required activities.--An eligible institution that
receives a grant under this section, in consultation with the
partnership established under paragraph (1), shall--
``(A) establish, improve, or expand high quality,
evidence-based education or career training programs,
career pathway programs, or work-based learning
programs (including apprenticeship programs or pre-
apprenticeships that qualify an individual for
participation in an apprenticeship program); and
``(B) use not less than 15 percent of the grant to
provide supportive services to individuals
participating in the programs funded with the grant to
facilitate retention and program completion, which may
include--
``(i) childcare, transportation, mental
health services, and assistance in obtaining
health insurance coverage and housing;
``(ii) assistance in accessing State and
Federal means-tested benefits programs;
``(iii) career navigation, coaching,
mentorship, and case management services,
including providing information and outreach to
individuals with barriers to employment to
encourage such individuals to participate in
programs funded with the grant; and
``(iv) providing access to course
materials, technological devices, required
equipment, and other supports necessary for
participation in and successful completion of
such programs.
``(3) Additional activities.--In addition to the activities
required under paragraph (2), an eligible institution that
receives a grant under this section, in consultation with the
partnership established under paragraph (1), shall carry out
one or more of the following activities:
``(A) Establish, improve, or expand--
``(i) articulation agreements (as defined
in section 486A(a) of the Higher Education Act
of 1965 (20 U.S.C. 1093a(a)));
``(ii) credit transfer agreements;
``(iii) corequisite remediation programs
that enable a student to receive remedial
education services while enrolled in a
postsecondary course rather than requiring the
student to receive remedial education before
enrolling in a such a course;
``(iv) dual or concurrent enrollment
programs;
``(v) competency-based education and
assessment; or
``(vi) policies and processes to award
academic credit for prior learning or for the
programs described in paragraph (2).
``(B) Make available, in a format that is open,
searchable, and easily comparable, information on--
``(i) curricula and recognized
postsecondary credentials offered through
programs funded with the grant, including any
curricula or credentials created or further
developed using such grant;
``(ii) the skills or competencies developed
by individuals who participate in such
programs; and
``(iii) related employment and earnings
outcomes.
``(C) Establish or implement plans for providers of
the programs described in paragraph (2) to meet the
criteria and carry out the procedures necessary to be
included on the eligible training services provider
list described in section 122(d).
``(D) Purchase, lease, or refurbish specialized
equipment as necessary to carry out such programs.
``(E) Reduce or eliminate unmet financial need
relating to participants' cost of attendance (as
defined under section 472 of the Higher Education Act
of 1965 (20 U.S.C. 1087ll)) in such programs.
``(4) Administrative cost limit.--An eligible institution
may use not more than 10 percent of the funds received under
this section for administrative costs, including costs related
to collecting information, analysis, and coordination for
purposes of subsection (f).
``(f) Performance Levels and Performance Reviews.--
``(1) In general.--The Secretary shall develop and
implement guidance that establishes the levels of performance
that are expected to be achieved by each community college and
industry partnership funded with a grant under this section.
Such performance levels shall be based on the following
indicators:
``(A) Each of the primary indicators of performance
for adults described in section 116(b).
``(B) The extent to which the partnership built
capacity by--
``(i) increasing the breadth and depth of
employer engagement and investment in
educational and training programs in the in-
demand industry sectors and occupations
targeted by the partnership;
``(ii) designing or implementing new and
accelerated instructional techniques or
technologies, including the use of advanced
online and technology-enabled learning; and
``(iii) increasing program and policy
alignment across systems and decreasing
duplicative services or service gaps.
``(C) With respect to individuals who participated
in an education or training program funded with the
grant--
``(i) the percentage of participants who
successfully completed a program; and
``(ii) of the participants who were
incumbent workers at the time of enrollment in
the program, the percentage who advanced into
higher-level positions during or after
completing the program.
``(D) Such other indicators of performance as the
Secretary determines appropriate.
``(2) Consultation and determination of performance
levels.--
``(A) Consultation.--In developing the performance
levels under paragraph (1), the Secretary shall consult
with each partnership funded with a grant under this
section.
``(B) Determination.--After completing the
consultation required under subparagraph (A), the
Secretary shall separately determine the performance
levels that will apply to each partnership taking into
account--
``(i) the expected performance levels of
each eligible entity with respect to the goals
described in subsection (d)(2)(M); and
``(ii) local economic conditions in the
geographic area to be served by the
partnership, including differences in
unemployment rates and job losses or gains in
particular industries.
``(C) Notice and acknowledgment.--
``(i) Notice.--The Secretary shall provide
each partnership with a written notification
that sets forth the performance levels that
will apply to the partnership, as determined
under subparagraph (B).
``(ii) Acknowledgment.--After receiving the
notification described in clause (i), each
partnership shall submit to the Secretary
written confirmation that the partnership--
``(I) received the notification;
and
``(II) agrees to be evaluated in
accordance with the performance levels
set by the Secretary.
``(3) Performance reviews.--On an annual basis during each
year of the grant period, the Secretary shall evaluate the
performance of each partnership funded with a grant under this
section in a manner consistent with paragraph (2).
``(4) Failure to meet performance levels.--After conducting
an evaluation under paragraph (3), if the Secretary determines
that a partnership did not achieve the performance levels
applicable to the partnership under paragraph (2) the Secretary
shall--
``(A) provide technical assistance to the
partnership and
``(B) develop a performance improvement plan for
the partnership.
``(g) Evaluations and Reports.--
``(1) In general.--Not later than 5 years after the date on
which the first grant is made under this section, the Secretary
shall design and conduct an evaluation to determine the overall
effectiveness of the community college and industry
partnerships funded under this section.
``(2) Elements.--The evaluation conducted under paragraph
(1) shall include an assessment of the general effectiveness of
programs and activities supported by grants awarded under this
section, including the extent to which the programs and
activities--
``(A) developed new or expanded existing successful
industry sector strategies, including the extent to
which such partnerships deepened employer engagement
and developed education and training programs that met
industry skill needs;
``(B) created, expanded, or enhanced career
pathways, including the extent to which the
partnerships developed or improved competency-based
education and assessment, credit for prior learning,
modularized and self-paced curricula, integrated
education and career training, dual enrollment in
secondary and postsecondary career pathways, stacked
and latticed credentials, and online and distance
learning;
``(C) created alignment between community colleges
and the workforce development system;
``(D) assisted individuals with finding, retaining,
or advancing in employment;
``(E) assisted individuals with earning recognized
postsecondary credentials; and
``(F) served various demographic groups, including
people of different geographic locations, ages, races,
national origins, and sex.
``(3) Design requirements.--The evaluation under this
subsection shall--
``(A) be designed by the Secretary (acting through
the Chief Evaluation Officer) in conjunction with the
partnerships being evaluated;
``(B) include analysis of participant feedback and
outcome and process measures; and
``(C) use designs that employ the most rigorous
analytical and statistical methods that are reasonably
feasible, such as the use of control groups.
``(4) Data accessibility.--The Secretary shall make
available on a publicly accessible website of the Department of
Labor any data collected as part of the evaluation under this
subsection. Such data shall be made available in an aggregated
format that does not reveal personally identifiable
information.
``(5) Publication and reporting of evaluation findings.--
The Secretary (acting through the Chief Evaluation Officer)
shall--
``(A) in accordance with the timeline determined to
be appropriate by the Chief Evaluation Officer, publish
an interim report on the preliminary results of the
evaluation conducted under this subsection;
``(B) not later than 60 days after the date on
which the evaluation is completed under this
subsection, submit to the Committee on Education and
Labor of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate
a report on such evaluation; and
``(C) not later than 90 days after such completion
date, publish and make the results of the evaluation
available on a publicly accessible website of the
Department of Labor.
``(h) Annual Reports.--The Secretary shall make available on a
publicly accessible website of the Department of Labor, in transparent,
linked, open, and interoperable data formats, the following
information:
``(1) The performance of partnerships on the capacity-
building performance indicator set forth under subsection
(f)(1)(B).
``(2) The performance of partnerships on the participant
outcome performance indicators set forth under subsection
(f)(1)(C)).
``(3) The number of individuals enrolled in employment and
training activities funded with a grant under this section.
``(i) Definitions.--In this section:
``(1) Community college.--The term `community college'
means--
``(A) a public institution of higher education (as
defined in section 101(a) of the Higher Education Act
(20 U.S.C. 1001(a)), at which--
``(i) the highest degree awarded is an
associate degree; or
``(ii) an associate degree is the most
frequently awarded degree;
``(B) a branch campus of a 4-year public
institution of higher education (as defined in section
101 of the Higher Education Act of 1965 (20 U.S.C.
1001)), if, at such branch campus--
``(i) the highest degree awarded is an
associate degree; or
``(ii) an associate degree is the most
frequently awarded degree;
``(C) a 2-year Tribal College or University (as
defined in section 316(b)(3) of the Higher Education
Act of 1965 (20 U.S.C. 1059c(b)(3))); or
``(D) a degree-granting Tribal College or
University (as defined in section 316(b)(3) of the
Higher Education Act of 1965 (20 U.S.C. 1059c(b)(3)))
at which--
``(i) the highest degree awarded is an
associate degree; or
``(ii) an associate degree is the most
frequently awarded degree.
``(2) Eligible institution.--The term `eligible
institution' means--
``(A) a community college;
``(B) a postsecondary vocational institution (as
defined in section 102(c) of the Higher Education Act
of 1965 (20 U.S.C. 1002(c))); or
``(C) a consortium of such colleges or
institutions.
``(j) Supplement Not Supplant.--Funds made available under this
section shall be used to supplement, and not supplant other Federal,
State, and local public funds made available for carrying out the
activities described in this section.
``(k) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $100,000,000 for fiscal year 2023;
``(2) $110,000,000 for fiscal year 2024;
``(3) $121,000,000 for fiscal year 2025;
``(4) $133,000,000 for fiscal year 2026;
``(5) $146,000,000 for fiscal year 2027; and
``(6) $161,000,000 for fiscal year 2028.''.
SEC. 278. REENTRY EMPLOYMENT OPPORTUNITIES.
Subtitle D of title I (29 U.S.C. 3221 et seq.), as amended by this
Act, is further amended by inserting after section 172, as added by the
preceding section, the following:
``SEC. 173. REENTRY EMPLOYMENT OPPORTUNITIES.
``(a) Purposes.--The purposes of this section are--
``(1) to improve the employment, earnings, and skill
attainment, and reduce recidivism, of adults and youth who have
been involved with the justice system;
``(2) to prompt innovation and improvement in the reentry
of justice-involved individuals into the workforce so that
successful initiatives can be established or continued and
replicated; and
``(3) to further develop the evidence on how to improve
employment, earnings, and skill attainment, and reduce
recidivism of justice-involved individuals, through rigorous
evaluations of specific services provided, including how they
affect different populations and how they are best combined and
sequenced.
``(b) Reentry Employment Competitive Grants, Contracts, and
Cooperative Agreements Authorized.--
``(1) In general.--From the amounts appropriated under
subsection (h)(1) and not reserved under subsection (h)(2), the
Secretary--
``(A) shall, on a competitive basis, make grants
to, or enter into contracts or cooperative agreements
with, eligible entities to implement reentry projects
that serve eligible adults or eligible youth; and
``(B) may use not more than 30 percent of such
amounts to award funds under subparagraph (A) to
eligible entities that are national or regional
intermediaries to--
``(i) implement the reentry projects
described in subparagraph (A); or
``(ii) provide such funds to other eligible
entities--
``(I) to implement such reentry
projects; and
``(II) to monitor and support such
entities.
``(2) Award periods.--The Secretary shall award funds under
this section for an initial period of not more than 4 years,
and may renew such awards for additional 4-year periods.
``(3) Priority.--In awarding funds under this section, the
Secretary shall give priority to eligible entities whose
applications submitted under subsection (c) demonstrate a
commitment to use such funds to implement reentry projects--
``(A) that will serve high-crime or high-poverty
areas;
``(B) that will enroll in such reentry projects
eligible youth or eligible adults--
``(i) prior to the release of such
individuals from incarceration in a
correctional institution; or
``(ii) not later than 90 days after such
release;
``(C) whose strategy and design are evidence-based;
``(D) that establish partnerships with--
``(i) businesses; or
``(ii) institutions of higher education to
provide project participants with programs of
study leading to recognized postsecondary
credentials in in-demand occupations;
``(E) that provide training services that are
designed to meet the basic requirements of an employer
(including a group of employers) and are conducted with
a commitment by the employer to employ individuals upon
successful completion of the training; or
``(F) that demonstrate a track record and ongoing
commitment of developing, implementing, and refining
reentry programs that include employment, education,
training, and support services for adults and youth
with current or prior justice system involvement.
``(c) Application.--
``(1) Form and procedure.--To be qualified to receive funds
under this section, an eligible entity shall submit an
application at such time, and in such manner, as determined by
the Secretary, and containing the information described in
paragraph (2).
``(2) Contents.--An application submitted by an eligible
entity under paragraph (1) shall contain the following:
``(A) A description of the eligible entity,
including the experience of the eligible entity in
providing employment and training services for justice-
involved individuals.
``(B) A description of the needs that will be
addressed by the reentry project supported by the funds
received under this section, and the target participant
population and the geographic area to be served.
``(C) A description of the proposed employment and
training activities and supportive services, if
applicable, to be provided under such reentry project,
and how such activities and services will prepare
participants for employment in in-demand industry
sectors and occupations within the geographic area to
be served by such reentry project.
``(D) The anticipated schedule for carrying out the
activities proposed under the reentry project.
``(E) A description of--
``(i) the partnerships the eligible entity
will establish with agencies and entities
within the criminal justice system, local
boards and one-stops, community-based
organizations, and employers (including local
businesses) to provide participants of the
reentry project with work-based learning, job
placement, and recruitment (if applicable); and
``(ii) how the eligible entity will
coordinate its activities with other services
and benefits available to justice-involved
individuals in the geographic area to be served
by the reentry project.
``(F) A description of the manner in which
individuals will be recruited and selected for
participation for the reentry project.
``(G) A detailed budget and a description of the
system of fiscal controls, and auditing and
accountability procedures, that will be used to ensure
fiscal soundness for the reentry project.
``(H) A description of the expected levels of
performance to be achieved with respect to the
performance measures described in subsection (e).
``(I) A description of the evidence-based practices
the eligible entity will use in administration of the
reentry project.
``(J) An assurance that the eligible entity will
collect, disaggregate by race, ethnicity, gender, and
other participant characteristics, and report to the
Secretary the data required with respect to the reentry
project carried out by the eligible entity for purposes
of the evaluation under this section.
``(K) Any other information required by the
Secretary.
``(d) Uses of Funds.--
``(1) In general.--An eligible entity that receives funds
under this section shall use such funds to implement a reentry
project for eligible adults, eligible youth, or both that
provides one or more of the following services:
``(A) Supportive services.
``(B) For participants who are eligible youth, one
or more of the program elements listed in subparagraphs
(A) through (N) of section 129(c)(2).
``(C) One or more of the individualized career
services listed in subclause (I) through (IX) of
section 134(c)(2)(A)(xii).
``(D) Follow-up services after placement in
unsubsidized employment as described in section
134(c)(2)(A)(xiii).
``(E) One or more of the training services listed
in clauses (i) through (x)(i) in section 134(c)(3)(D),
including subsidized employment opportunities through
transitional jobs.
``(F) Apprenticeship programs.
``(G) Education in digital literacy skills.
``(H) Mentoring.
``(I) Provision of or referral to evidence-based
mental health treatment by licensed practitioners.
``(J) Assistance in obtaining employment as a
result of the establishment and development by the
eligible entity of relationships and networks with
large and small employers.
``(K) Assistance with driver's license
reinstatement and fees for driver's licenses and other
necessary documents for employment.
``(L) Provision of or referral to substance abuse
treatment services, provided that funds awarded under
this section are only used to provide such services to
participants who are unable to obtain such services
through other programs providing such services.
``(M) Assistance in obtaining employment as a
result of the coordination by the eligible entity with
employers to develop customized training programs and
on-the-job training.
``(2) Administrative cost limit.--An eligible entity may
not use more than 10 percent of the funds received under this
section for administrative costs, including for costs related
to collecting information, analysis, and coordination for
purposes of subsection (e) or (f).
``(e) Levels of Performance.--
``(1) Establishment of levels.--
``(A) In general.--The Secretary shall establish
expected levels of performance for reentry projects
funded this section for--
``(i) each of the primary indicators of
performance for adults and youth described in
section 116(b); and
``(ii) the additional performance
indicators described in paragraph (2).
``(B) Updates.--The levels established under
subparagraph (A) shall be updated for each 4-year award
period.
``(2) Additional indicators of performance.--In addition to
the indicators described in paragraph (1)(A)(i), the
Secretary--
``(A) shall establish an indicator of performance
for projects funded under this section with respect
participant recidivism; and
``(B) may establish other performance indicators
for such projects as the Secretary determines
appropriate.
``(3) Agreement on performance levels.--In establishing and
updating performance levels under paragraph (1), the Secretary
shall reach agreement on such levels with the eligible entities
receiving awards under this section that will be subject to
such levels, based on factors including--
``(A) the expected performance levels of each such
eligible entity described in the application submitted
under subsection (c)(2)(H);
``(B) local economic conditions of the geographic
area to be served by each such eligible entity,
including differences in unemployment rates and job
losses or gains in particular industries; and
``(C) the characteristics of the participants of
the projects when the participants enter the project
involved, including--
``(i) criminal records and indicators of
poor work history;
``(ii) lack of work experience;
``(iii) lack of educational or occupational
skills attainment;
``(iv) low levels of literacy or English
proficiency;
``(v) disability status;
``(vi) homelessness; and
``(vii) receipt of public assistance.
``(4) Failure to meet performance levels.--In the case of
an eligible entity that fails to meet the performance levels
established under paragraph (1) for the reentry project
involved for any award year, the Secretary shall provide
technical assistance to the eligible entity, including the
development of a performance improvement plan.
``(f) Evaluation of Reentry Projects.--
``(1) In general.--Not later than 5 years after the first
award of funds under this section is made, the Secretary
(acting through the Chief Evaluation Officer) shall meet the
following requirements:
``(A) Design and conduct of evaluation.--Design and
conduct an evaluation to evaluate the effectiveness of
the reentry projects funded under this section, which
meets the requirements of paragraph (2), and includes
an evaluation of each of the following:
``(i) The effectiveness of such projects in
assisting individuals with finding employment
and maintaining employment at the second
quarter and fourth quarter after unsubsidized
employment is obtained.
``(ii) The effectiveness of such projects
in assisting individuals with earning
recognized postsecondary credentials.
``(iii) The effectiveness of such projects
in relation to their cost, including the extent
to which the projects improve reentry outcomes,
including in wages earned, benefits provided by
employers, career advancement, measurable
skills gains, credentials earned, housing,
health, and recidivism of participants in
comparison to comparably situated individuals
who did not participate in such projects.
``(iv) The effectiveness of specific
services and interventions provided and of the
overall project design.
``(v) If applicable, the extent to which
such projects meet the needs of various
demographic groups, including people of
different geographic locations, ages, races,
national origins, sex, and criminal records,
and individuals with disabilities.
``(vi) If applicable, the appropriate
sequencing, combination, or concurrent
structure, of services for each subpopulation
of individuals who are participants of such
projects, such as the order, combination, or
concurrent structure and services in which
transitional jobs and occupational skills
training are provided, to ensure that such
participants are prepared to fully benefit from
employment and training services provided under
the project.
``(vii) Limitations or barriers to
education and employment as a result of
occupational or educational licensing
restrictions, access to financial aid, and
access to housing.
``(viii) The quality and effectiveness of
technical assistance provided by the Secretary
for implementing such projects.
``(ix) Other elements that the Chief
Evaluation Officer may determine to be
appropriate.
``(B) Data accessibility.--Make available, on the
publicly accessible website of the Department of Labor,
data collected during the course of evaluation under
this subsection, in an aggregated format that does not
provide personally identifiable information.
``(2) Design requirements.--An evaluation under this
subsection--
``(A) shall--
``(i) be designed by the Secretary (acting
through the Chief Evaluation Officer) in
conjunction with the eligible entities carrying
out the reentry projects being evaluated;
``(ii) include analysis of participant
feedback and outcome and process measures; and
``(iii) use designs that employ the most
rigorous analytical and statistical methods
that are reasonably feasible, such as the use
of control groups; and
``(B) may not--
``(i) collect personally identifiable
information, except to the extent such
information is necessary to conduct the
evaluation; or
``(ii) reveal or share personally
identifiable information.
``(3) Publication and reporting of evaluation findings.--
The Secretary (acting through the Chief Evaluation Officer)
shall--
``(A) in accordance with the timeline determined to
be appropriate by the Chief Evaluation Officer, publish
an interim report on such evaluation;
``(B) not later than 90 days after the date on
which any evaluation is completed under this
subsection, publish and make publicly available such
evaluation; and
``(C) not later than 60 days after the completion
date described in subparagraph (B), submit to the
Committee on Education and Labor of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate a report on such
evaluation.
``(g) Annual Report.--
``(1) Contents.--Subject to paragraph (2), the Secretary
shall post, using transparent, linked, open, and interoperable
data formats, on its publicly accessible website an annual
report on--
``(A) the number of individuals who participated in
projects assisted under this section for the preceding
year;
``(B) the percentage of such individuals who
successfully completed the requirements of such
projects; and
``(C) the performance of eligible entities on such
projects as measured by the performance indicators set
forth in subsection (e).
``(2) Disaggregation.--The information provided under
subparagraphs (A) through (C) of paragraph (1) with respect to
a year shall be disaggregated by each project assisted under
this section for such year.
``(h) Authorization of Appropriations; Reservations.--
``(1) Authorization of appropriations.--There are
authorized to be appropriated to carry out this section--
``(A) $250,000,000 for fiscal year 2023;
``(B) $300,000,000 for fiscal year 2024;
``(C) $350,000,000 for fiscal year 2025;
``(D) $400,000,000 for fiscal year 2026;
``(E) $450,000,000 for fiscal year 2027; and
``(F) $500,000,000 for fiscal year 2028.
``(2) Reservation of funds.--Of the funds appropriated
under paragraph (1) for a fiscal year, the Secretary--
``(A) may reserve not more than 5 percent for the
administration of grants, contracts, and cooperative
agreements awarded under this section, of which not
more than 2 percent may be reserved for the provision
of--
``(i) technical assistance to eligible
entities that receive funds under this section;
and
``(ii) outreach and technical assistance to
eligible entities desiring to receive such
funds, including assistance with application
development and submission; and
``(B) shall reserve not less than 1 percent and not
more than 2.5 percent for the evaluation activities
under subsection (f) or to support eligible entities
with any required data collection, analysis, and
coordination related to such evaluation activities.
``(i) Definitions.--In this section:
``(1) Chief evaluation officer.--The term `Chief Evaluation
Officer' means the head of the independent evaluation office
located organizationally in the Office of the Assistant
Secretary for Policy of the Department of Labor.
``(2) Community supervision.--The term `community
supervision' means mandatory oversight (including probation and
parole) of a formerly incarcerated person--
``(A) who was convicted of a crime by a judge or
parole board; and
``(B) who is living outside a secure facility.
``(3) Correctional institution.--The term `correctional
institution' has the meaning given the term in section 225(e).
``(4) Eligible entity.--The term `eligible entity' means--
``(A) a private nonprofit organization under
section 501(c)(3) of the Internal Revenue Code of 1986,
including a community-based or faith-based
organization;
``(B) a local board;
``(C) a State or local government;
``(D) an Indian or Native American entity eligible
for grants under section 166;
``(E) a labor organization or joint labor-
management organization; or
``(F) a consortium of the entities described in
subparagraphs (A) through (E).
``(5) Eligible adult.--The term `eligible adult' means a
justice-involved individual who--
``(A) is age 25 or older; and
``(B) in the case of an individual that was
previously incarcerated, was released from
incarceration not more than 3 years prior to enrollment
in a project funded under this section.
``(6) Eligible youth.--The term `eligible youth' means a
justice-involved individual who is not younger than age 14 or
older than age 24.
``(7) High-crime.--The term `high-crime', when used with
respect to a geographic area, means an area with crime rates
that are higher than the rate for the overall city (for urban
areas) or of non-metropolitan area in the State (for rural
areas), as such terms are used by the Bureau of Labor
Statistics.
``(8) High-poverty.--The term `high-poverty', when used
with respect to a geographic area, means an area with a poverty
rate of at least 25 percent as determined based on the most
recently available data from the American Community Survey
conducted by the Bureau of the Census.''.
SEC. 279. SECTORAL EMPLOYMENT THROUGH CAREER TRAINING FOR OCCUPATIONAL
READINESS (SECTOR) PROGRAM.
Subtitle D of title I (29 U.S.C. 3221 et seq.), as amended by this
Act, is further amended by inserting after section 173, as added by the
preceding section, the following:
``SEC. 174. SECTORAL EMPLOYMENT THROUGH CAREER TRAINING FOR
OCCUPATIONAL READINESS (SECTOR) PROGRAM.
``(a) In General.--From amounts appropriated under subsection
(e)(1), and not reserved under subsection (e)(2), the Secretary shall--
``(1) use not less than 80 percent of such amounts to award
grants under subsection (b) to each State to develop, convene,
or expand industry or sector partnerships; and
``(2) use not less than 20 percent of such amounts to award
grants under subsection (c), on a competitive basis, to
eligible industry or sector partnerships for the purposes of
expanding workforce development and employment opportunities
for high-skill, high-wage, or in-demand industry sectors or
occupations, as determined by the Secretary.
``(b) Formula Grants.--
``(1) Distribution of funds.--
``(A) State allotment.--From the amount determined
by the Secretary under subsection (a)(1), the Secretary
shall allot funds to each State on the basis of the
relative allotment the State received under section
132(b) for such fiscal year, compared to the total
amount allotted to all States under section 132(b) for
such fiscal year.
``(B) Local area allocations.--The Secretary shall
use the amounts allotted under subparagraph (A) to
distribute funds in the State to carry out the
activities described in paragraph (2) by--
``(i) allocating funds to each local area
of the State on the basis of the relative
allocation the local area received under
section 133(b) for such fiscal year, compared
to the total amount allocated to all local
areas in the State under section 133(b) for
such fiscal year; or
``(ii) allocating funds to local areas of
the State that have the highest rates of
unemployment or poverty, or the highest numbers
of individuals with barriers to employment in
the State.
``(C) Transfer authority.--A local board may
transfer, if such a transfer is approved by the
Governor, up to and including 100 percent of the funds
allocated to the local area under section 133(b), and
up to and including 100 percent of the funds allocated
to the local area under this subsection for a fiscal
year between--
``(i) adult employment and training
activities; and
``(ii) activities under this section.
``(2) Use of funds.--The funds awarded under paragraph (1)
may be used to--
``(A) regularly convene stakeholders in a
collaborative structure to identify, develop, improve,
or expand training, employment, and growth
opportunities for high-skill, high-wage, or in-demand
industry sectors or occupations;
``(B) form, expand, and improve training programs,
to be managed by eligible industry and sector
partnerships that include attainment of industry-
recognized credentials, the integration of work-based
learning activities with training curricula and
occupational certification programs, and that address
specific workforce issues and needs of groups of
workers, with a priority on individuals with a barrier
to employment, within regional labor markets in the
State;
``(C) strengthen the coordination of eligible
industry and sector partnerships and programs with the
programs administered under subtitle B of this title
and with the one-stop partners described in section
121; and
``(D) to directly provide, or arrange for the
provision of, services to help individuals with
barriers to employment and other participants complete
and successfully transition out of training described
in subparagraph (B), which services shall include
career services, supportive services, or the provision
of needs-related payments.
``(c) Competitive Grants.--
``(1) Grants authorized.--From the amount determined by the
Secretary under subsection (a)(2), the Secretary shall award
grants, on a competitive basis, to eligible industry or sector
partnerships for the purposes described in subsection (a)(2).
``(2) Application.--
``(A) Form and procedure.--To receive a grant under
this subsection, the lead applicant on behalf of an
eligible industry or sector partnership shall submit to
the Secretary an application at such time, in such
manner, and containing such information as specified by
the Secretary.
``(B) Contents.--An application submitted under
paragraph (1) shall contain at a minimum the following:
``(i) Identification of the high-skill,
high-wage, or in-demand industry sector or
occupation on which such partnership is
focused.
``(ii) A description of the activities to
be carried out under the grant.
``(iii) A description of the workers that
will be targeted for recruitment as program
participants, how a priority of service under
the grant will be provided to individuals with
barriers to employment, and how the activities
will be designed to maximize access and
eliminate barriers to entry to training and
other activities for such individuals.
``(iv) A description of other Federal or
non-Federal resources that will be leveraged in
support of the eligible industry or sector
partnership (including cash or in-kind
contributions from private-sector partners).
``(3) Uses of funds.--An eligible industry or sector
partnership awarded a grant under this subsection shall use
such grant funds--
``(A) to engage and regularly convene stakeholders
in a collaborative structure to identify, develop,
improve, or expand training, employment, and growth
opportunities for the high-skill, high-wage, or in-
demand industry sector or occupation on which such
partnership is focused;
``(B) to directly provide, or arrange for the
provision of, high-quality, evidence-based training for
high-skill, high-wage, or in-demand industry sectors or
occupations on which such partnership is focused, which
shall include training that leads to the attainment of
nationally or regionally portable and stackable
recognized postsecondary credentials for the industry
sector or occupations described in paragraph (A),
including--
``(i) training provided through
apprenticeship programs, or pre-apprenticeship
programs that articulate to apprenticeship
programs, labor organizations, or joint labor-
management partnerships;
``(ii) on-the job training, customized
training, and paid internships and work
experience;
``(iii) incumbent worker training to
support lower wage workers in upgrading skills
and advancing along a career pathway; and
``(iv) training services, in addition to
those described in clauses (i) through (iii),
that are authorized under section 134(c)(3)(D),
including occupational skills training; and
``(C) to directly provide, or arrange for the
provision of, services to help individuals with
barriers to employment and other participants complete
and successfully transition out of training described
in subparagraph (B), which services shall include
career services, supportive services, or the provision
of needs-related payments authorized under subsections
(c)(2), (c)(4), and (d)(3) of section 134.
``(4) Priority in selection of grants.--The Secretary shall
give priority consideration in applications that demonstrate
the ability to serve eligible individuals in targeted economic
regions that are experiencing high-poverty, have traditionally
been underserved by regional economic development and sector
partnership activities (including rural areas), or is facing or
at risk of facing significant worker dislocation due to a
disruption or change in the regional or State economy or labor
market.
``(d) Program Accountability and Evaluation.--
``(1) In general.--The grants awarded under this section
are subject to--
``(A) the primary indicators of performance under
section 116(b)(2)(A) and expected levels of performance
relating to such indicators; and
``(B) such additional measures as the Secretary
deems appropriate, which may include skills attainment,
wage or career progression, training-related
employment, and additional job quality measures.
``(2) Evaluation.--Not later than 5 years after the first
award of funds under this section is made the Secretary (acting
through the chief evaluation officer) shall design and conduct
an evaluation to evaluate the effectiveness of the program
carried out this section.
``(3) Publication.--The Secretary shall publish the
outcomes of grantees under the indicators and measures
described in paragraph (1) and the evaluation described in
paragraph (2) on a publicly accessible website, and submit the
evaluation findings to the Committee on Education and Labor of
the House of Representatives and the Committee on Health,
Education, Labor and Pensions of the Senate.
``(e) Authorization of Appropriations; Reservations.--
``(1) Authorization of appropriations.--There are
authorized to be appropriated to carry out this section--
``(A) $1,000,000,000 for fiscal year 2023;
``(B) $1,100,000,000 for fiscal year 2024;
``(C) $1,210,000,000 for fiscal year 2025;
``(D) $1,331,000,000 for fiscal year 2026;
``(E) $1,464,100,000 for fiscal year 2027; and
``(F) $1,610,510,000 for fiscal year 2028.
``(2) Reservation of funds.--Of the funds appropriated
under paragraph (1) for a fiscal year, the Secretary may
reserve not more than 5 percent which--
``(A) may be used for administration of the program
described in this section, in addition to any other
funds available for these activities, including
providing comprehensive technical assistance, targeted
outreach to eligible partnerships serving local areas
with high unemployment rates or high percentages of
low-income individuals or individuals with barriers to
employment; and oversight to support eligible
partnerships; and
``(B) shall be used to conduct an evaluation of the
activities carried out under this section and for
reporting on the performance and impact of programs
funded under this section.
``(f) Definitions.--In this section:
``(1) Eligible industry or sector partnership.--The term
`eligible industry or sector partnership' means--
``(A) an industry or sector partnership, which
shall include multiple representatives described in
each of clauses (i) through (iii) of paragraph (26)(A)
of section 3; or
``(B) a partnership of multiple entities described
in section 3(26) and a State board or local board, that
is in the process of establishing an industry or sector
partnership.
``(2) Lead applicant.--The term `lead applicant' means an
applicant for a grant under this section that is a State board,
local board, institution of higher education, labor-management
partnership, labor organization, industry association, or other
State and regional nonprofit organizations with experience in
designing, convening, and expanding industry or sector
partnerships.''.
SEC. 280. WORKFORCE DATA QUALITY INITIATIVE GRANTS.
Subtitle D of title I (29 U.S.C. 3221 et seq.), as amended by this
Act, is further amended by inserting after section 174, as added by the
preceding section, the following:
``SEC. 175. WORKFORCE DATA QUALITY INITIATIVE GRANTS.
``(a) Authority.--The Secretary is authorized to award grants, on a
competitive basis, to States to create workforce longitudinal
administrative databases and associated resources for the purpose of
strengthening workforce development program quality, protecting
privacy, and improving transparency.
``(b) Priority.--In awarding grants under this section, the
Secretary shall give priority to States that--
``(1) have not previously received such a grant;
``(2) have the greatest need to improve their data
infrastructure;
``(3) will use non-Federal contributions to improve State
data infrastructure and related resources;
``(4) support co-enrollment in workforce related programs;
``(5) participate and contribute data to the State's linked
longitudinal data system, including submitting data that when
linked with elementary and secondary school and postsecondary
data, provides the State the ability to create more data tools
and analytics; and
``(6) enable research and program improvement activities.
``(c) Supplement, Not Supplant.--Funds made available under this
section shall be used to supplement, and not supplant, other Federal,
State, or local funds used for developing State data systems.
``(d) Administrative Costs.--The Secretary shall reserve not more
than 10 percent of funds made available to carry out this section for
each fiscal year for the provision of technical assistance to support
the implementation of grants awarded under this section.
``(e) Privacy.--Nothing in this section shall require the
disaggregation of data when the number of individuals in a category is
insufficient to yield statistically reliable information or when the
results would reveal personally identifiable information about an
individual, or would reveal such information when combined with other
released information.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $40,000,000 for fiscal year 2023;
``(2) $35,000,000 for fiscal year 2024;
``(3) $30,000,000 for fiscal year 2025;
``(4) $25,000,000 for fiscal year 2026;
``(5) $20,000,000 for fiscal year 2027; and
``(6) $15,000,000 for fiscal year 2028.
``(g) Definition.--In this section, the term `State' has the
meaning given the term in section 3, except such term also includes
each of the outlying areas (as defined in section 3).''.
SEC. 281. AUTHORIZATION OF APPROPRIATIONS.
Section 176 (as redesignated by section 277), is amended to read as
follows:
``SEC. 176. AUTHORIZATION OF APPROPRIATIONS.
``(a) Native American Programs.--There are authorized to be
appropriated to carry out section 166 (not including subsection (k) of
such section)--
``(1) $66,400,000 for fiscal year 2023;
``(2) $73,000,000 for fiscal year 2024;
``(3) $80,300,000 for fiscal year 2025;
``(4) $88,300,000 for fiscal year 2026;
``(5) $97,100,000 for fiscal year 2027; and
``(6) $106,800,000 for fiscal year 2028.
``(b) Migrant and Seasonal Farmworker Programs.--There are
authorized to be appropriated to carry out section 167--
``(1) $109,100,000 for fiscal year 2023;
``(2) $114,600,000 for fiscal year 2024;
``(3) $120,300,000 for fiscal year 2025;
``(4) $126,300,000 for fiscal year 2026;
``(5) $132,600,000 for fiscal year 2027; and
``(6) $139,200,000 for fiscal year 2028.
``(c) Technical Assistance.--There are authorized to be
appropriated to carry out section 168--
``(1) $3,600,000 for fiscal year 2023;
``(2) $3,800,000 for fiscal year 2024;
``(3) $4,000,000 for fiscal year 2025;
``(4) $4,200,000 for fiscal year 2026;
``(5) $4,400,000 for fiscal year 2027; and
``(6) $4,600,000 for fiscal year 2028.
``(d) Evaluations and Research.--There are authorized to be
appropriated to carry out section 169--
``(1) $116,700,000 for fiscal year 2023;
``(2) $122,500,000 for fiscal year 2024;
``(3) $128,600,000 for fiscal year 2025;
``(4) $135,000,000 for fiscal year 2026;
``(5) $141,800,000 for fiscal year 2027; and
``(6) $148,900,000 for fiscal year 2028.''.
Subtitle E--Administration
SEC. 291. NONDISCRIMINATION.
Section 188 (29 U.S.C. 3248) is amended--
(1) in subsection (a)(5), by adding at the end the
following: ``Provided that it shall not be a violation of this
paragraph to exclude any individual from participation or
employment in programs or activities receiving Federal
financial assistance where such participation or employment, or
access to the premises upon which any part of such program,
activity, or employment is performed, is subject to any
requirements imposed in the interest of the national security
of the United States under any security program in effect
pursuant to or administered under any statute or regulation of
the United States, Executive Order of the President, or other
Federal contractual requirement, and such individual does not
meet such requirements.''; and
(4) in subsection (e) is amended by striking ``Workforce
Innovation and Opportunity Act'' and inserting ``Workforce
Innovation and Opportunity Act of 2022''.
SEC. 292. SECRETARIAL ADMINISTRATIVE AUTHORITIES AND RESPONSIBILITIES.
Section 189 (29 U.S.C. 3249) is amended--
(1) in subsection (d), by striking ``the Workforce'' and
inserting ``Labor'';
(2) in subsection (g)(2)(B)(ii), by striking ``subsection
(a) or (b) of section 169 (relating to evaluations, research
projects, studies and reports, and multistate projects)'' and
inserting ``subsection (a), (b), or (c) of section 169 relating
to evaluations, research projects, studies and reports,
multistate projects, and the workforce development innovation
fund'';
(3) by striking subsection (h);
(4) by redesignating subsection (i) as subsection (h); and
(5) by amending paragraph (3)(A)(ii) of subsection (h) (as
so redesignated) to read as follows:
``(ii) any of the statutory or regulatory
requirements of the Wagner-Peyser Act (29
U.S.C. 49 et seq.) (excluding requirements
relating to the provision of services to
unemployment insurance claimants and veterans,
the colocation of employment service offices
with one-stop centers, the designation of a
cooperating State agency, and requirements
relating to universal access to basic labor
exchange services without cost to
jobseekers).''.
SEC. 293. GUARD RAILS FOR PROGRAM INTEGRITY.
Section 194 (29 U.S.C. 3254) is amended by adding at the end the
following:
``(16) An institution of higher education that is a
proprietary institution of higher education (as defined in
section 102(a)(1)(A) of the Higher Education Act of 1965 (20
U.S.C. 1002(a)(1)(A)) may not be--
``(A) designated or certified as a one-stop
operator under section 121(d), or awarded funds under
this title to operate a one-stop center; or
``(B) appointed to a State board or local board
under section 101 or 107, respectively.''.
TITLE III--ADULT EDUCATION AND FAMILY LITERACY
SEC. 301. FAMILY LITERACY.
The heading of title II of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3271 et seq.) is amended by inserting ``FAMILY'' before
``LITERACY''.
SEC. 302. PURPOSE.
Section 202 (29 U.S.C. 3271) is amended--
(1) in the matter preceding paragraph (1), by inserting
``family'' before ``literacy activities'';
(2) by amending paragraph (1) to read as follows:
``(1) assist adults to become literate and obtain the
knowledge and skills (including digital skills) necessary for
employment, economic self-sufficiency, and full participation
in all aspects of adult life;'';
(3) in paragraph (4)(A)--
(A) in clause (i), by striking ``and'' at the end;
and
(B) by inserting after clause (ii) the following:
``(iii) digital skills; and'';
SEC. 303. DEFINITIONS.
Section 203 (29 U.S.C. 3272) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following:
``(C) develop and use digitial technology skills;
and'';
(2) in paragraph (2), by inserting ``, digital skills
activities offered in conjunction with other adult education
and literacy activities'' after ``family literacy activities'';
(3) in paragraph (3), by inserting ``family'' before
``literacy activities'';
(4) in paragraph (4)(C)(i), by striking ``is basic skills
deficient'' and inserting ``has foundational skills needs'';
(5) in paragraph (9)--
(A) in the matter preceding subparagraph (A), by
striking ``economic prospects'' and inserting
``economic and educational prospects''; and
(B) by adding at the end the following:
``(E) Digital literacy activities to enable parents
or family members to develop and use digital literacy
skills to support their children's learning.'';
(6) by amending paragraph (11) to read as follows:
``(11) Integrated education and training.--The term
`integrated education and training' means a service approach
that provides adult education and family literacy activities
concurrently and contextually with workforce preparation
activities and workforce training (and which may be provided
concurrently with other adult education activities and
services, such as adult basic education) for a specific high-
wage, high demand occupation or occupational cluster
(including, as appropriate, for apprenticeship and pre-
apprenticeship programs) for the purpose of educational and
career advancement.'';
(7) by amending paragraph (12) to read as follows:
``(12) Integrated english literacy and civics education.--
The term `integrated English literacy and civics education'
means instruction in literacy and English and other education
services provided to English language learners who are adults,
including professionals with degrees and credentials in their
native countries--
``(A) that enables such adults--
``(i) to achieve competency in the English
language;
``(ii) to build knowledge of United States
history and civics;
``(iii) to prepare for United States
citizenship and the naturalization process;
``(iv) to use digital technology at levels
of proficiency necessary to function
effectively as a worker, a parent or a family
member, and a member of society;
``(v) to apply for Federal and other
student financial aid and enroll in
postsecondary education or other further
learning; and
``(vi) to locate and apply for registered
apprenticeship or pre-apprenticeship programs;
and
``(B) which may include--
``(i) preparation for a high school
equivalency diploma or postsecondary training
or education;
``(ii) preparation for employment;
``(iii) preparation for apprenticeship or
pre-apprenticeship programs, or the provision
of information regarding where to acquire that
preparation; or
``(iv) instruction in--
``(I) navigating the early
childhood, elementary and secondary,
and postsecondary education systems;
``(II) financial literacy;
``(III) the housing market in the
United States; or
``(IV) accessing Federal, State,
and local health care systems.'';
(8) in paragraph (13) by striking ``and solve problems,''
and all that follows through the period at the end and
inserting ``solve problems, and use digital technology at
levels of proficiency necessary to function effectively as an
employee, a parent or a family member, and a member of
society.'';
(9) by redesignating paragraphs (16) and (17) as paragraphs
(17) and (18), respectively;
(10) by inserting after paragraph (15), the following:
``(16) Universal design for learning.--The term `universal
design for learning' has the meaning given the term in section
103 of the Higher Education Act of 1965 (20 U.S.C. 1003).'';
and
(11) in paragraph (18), as redesignated by paragraph (9)--
(A) by striking ``using information'' and inserting
``using and acquiring information''; and
(B) by striking ``education or training'' and
inserting ``education or training (including registered
apprenticeship and pre-apprenticeship programs)''.
SEC. 304. AUTHORIZATION OF APPROPRIATIONS.
Section 206 (29 U.S.C. 3275) is amended by striking ``$577,667,000
for fiscal year 2015'' and all that follows through the period at the
end and inserting ``$785,100,000 for fiscal year 2023, $824,400,000 for
fiscal year 2024, $865,600,000 for fiscal year 2025, $908,900,000 for
fiscal year 2026, $954,300,000 for fiscal year 2027, and $1,002,000,000
for fiscal year 2028.''.
SEC. 305. PERFORMANCE ACCOUNTABILITY SYSTEM.
Section 212 (29 U.S.C. 3292) is amended to read as follows:
``SEC. 212. PERFORMANCE ACCOUNTABILITY SYSTEM.
``(a) In General.--Programs and activities authorized in this title
are subject to the performance accountability provisions described in
section 116.
``(b) Innovative Performance Accountability System Demonstration
Program.--
``(1) In general.--The Secretary may authorize one or more
eligible entities to implement an innovative performance
accountability system that uses alternative primary indicators
of performance that reflect the objectives and activities of
the entity's adult education and family literacy programs and
measure the attainment of the education and employment goals of
the participants in such programs. The innovative performance
accountability system may include--
``(A) performance indicators attained while an
individual is enrolled in an adult education and family
literacy program; and
``(B) performance indicators attained after an
individual exits such a program.
``(2) Demonstration period.--
``(A) In general.--Except as provided in
subparagraph (B), the period during which an eligible
entity may carry out an innovative accountability
system authorized under this subsection shall be a
period determined by the Secretary that does not exceed
five years.
``(B) Extension.--The Secretary may extend, by up
to one year, the demonstration period determined under
subparagraph (A) for an eligible entity if--
``(i) the Secretary determines that the
innovative accountability system implemented by
the entity is successfully meeting the
objectives of this subsection; and
``(ii) the total period during which the
entity implements such system under the
demonstration program, inclusive of such
extension, does not exceed six years.
``(3) Application.--
``(A) In general.--Subject to subparagraph (C), an
eligible entity that seeks authorization to implement
an innovative performance accountability system under
this subsection shall submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary may
require.
``(B) Contents.--At a minimum, each application
under this paragraph shall include--
``(i) a description of the objectives of
the innovative performance accountability
system proposed by the eligible entity;
``(ii) a description of such accountability
system, including a description of the
performance indicators to be used;
``(iii) the duration of the period over
which the entity intends to carry out the
proposed accountability system;
``(iv) an explanation of why the entity
believes the alternative indicators of
performance proposed by the entity would more
accurately measure the attainment of the
objectives of the entity's adult education and
family literacy programs compared to the
indicators of performance described in section
116(b)(2)(A)(i);
``(v) an explanation of how the proposed
performance indicators are expected to provide
a valid and reliable measurement of the
effectiveness of the entity's adult education
and family literacy programs with respect to
the individuals served by such programs;
``(vi) a description of how the entity will
report to the Secretary and make publicly
available the proposed indicators of
performance on a timely basis;
``(vii) an assurance that the entity will
prepare and submit the final report required
under paragraph (4); and
``(viii) a description of how the
innovative accountability system may be
relevant to and replicated by States and
outlying areas.
``(C) Review of certain applications.--In a case in
which an eligible entity that is a consortium of
eligible providers seeks authorization to implement an
innovative performance accountability system under this
subsection--
``(i) the consortium shall submit the
application described in subparagraph (A) to
the eligible agency of the State or outlying
area in which the consortium intends to
implement the system;
``(ii) the eligible agency shall review the
application; and
``(iii) if the eligible agency approves the
application, the agency shall forward the
application to the Secretary together with any
comments of the agency regarding the content of
the application.
``(4) Progress report.--
``(A) In general.--Not later than 180 days before
the end of the initial demonstration period applicable
to an eligible entity under paragraph (2)(A), and
before the Secretary authorizes any extension of the
demonstration period under paragraph (2)(B) for such
entity, the eligible entity shall submit to the
Secretary a report on the initial progress (in this
paragraph referred to as the `progress report') of the
innovative accountability system implemented by the
eligible entity under this section.
``(B) Elements.--The progress report under
subparagraph (A) shall be based on the annual
information submitted by participating local providers
and shall include an assessment of the following:
``(i) The burden placed on the local
programs to implement and carry out the
innovative accountability system.
``(ii) Whether and to what extent--
``(I) the eligible entity has
solicited feedback from local program
directors and instructors about their
satisfaction with the innovative
accountability system;
``(II) local program instructors
and directors have demonstrated a
commitment and capacity to implement or
continue to implement the system;
``(III) the system was used to
measure the performance indicators for
all students participating in the
system; and
``(IV) the innovative
accountability system can be used
across States.
``(C) Peer review.--
``(i) In general.--The eligible entity
shall conduct a peer review of the innovative
performance accountability system implemented
by the eligible entity under this section.
``(ii) Peer review team.--For purposes of
conducting the peer review under clause (i),
the eligible entity shall assemble a team of
subject matter experts who--
``(I) are knowledgeable about
innovative accountability systems; and
``(II) have demonstrated experience
developing and implementing such
systems.
``(iii) Methodology.--The methodology of
the peer review shall meet requirements to be
jointly established by the Secretary of Labor
and Secretary of Education.
``(iv) Elements.--The peer review shall
determine the extent to which the innovative
accountability system includes primary
indicators that reflect the objectives and
activities of the State's adult education and
family literacy programs.
``(D) Comments.--The eligible entity shall provide
a response to the findings of the progress report.
``(E) Public availability.--The progress report
under this paragraph, including any comments provided
under subparagraph (D), shall be made available on a
publicly accessible website of the eligible entity.
``(5) Final report.--Not later than one year after the
conclusion of the demonstration period applicable to an
eligible entity under paragraph (2), the entity shall submit to
the Secretary a report on the results of the innovative
performance accountability system implemented by the entity
under this subsection. Each such report shall include the
entity's assessment of whether, and to what extent, the
innovative performance accountability system achieved its
objectives.
``(6) Continued reporting.--An eligible entity shall
continue to report to the State, or the Secretary, as
applicable, on the indicators of performance described in
section 116(b)(2)(A)(i) during the demonstration period.
``(7) Development and dissemination of best practices.--The
Secretary shall--
``(A) based on the results of the demonstration
programs authorized under this subsection and in
consultation with the Director of the Institute of
Education Sciences and the Secretary of Labor, identify
best practices for the development and implementation
of innovative performance accountability systems; and
``(B) disseminate information on those practices,
including by making such information available on a
publicly accessible website of the Department of
Education.
``(8) Relationship to other requirements.--Nothing in this
subsection shall be construed to supersede the requirements of
section 116 or to authorize the Secretary to modify or replace
the performance accountability measures required under section
116. An eligible entity participating in a demonstration
program under this subsection shall be subject to the
applicable requirements of section 116 while participating in
such program.
``(9) Eligible entity defined.--In this subsection, the
term `eligible entity' means--
``(A) an eligible agency;
``(B) a consortium of eligible agencies; or
``(C) a consortium of eligible providers within a
State or outlying area.''.
SEC. 306. STATE DISTRIBUTION OF FUNDS; MATCHING REQUIREMENT.
Section 222(b) (29 U.S.C. 3302(b)) is amended by adding at the end
the following:
``(3) Public availability of information on matching
funds.--Each eligible agency shall maintain, on a publicly
accessible website of such agency and in an easily accessible
format, information documenting the non-Federal contributions
made available to adult education and family literacy programs
pursuant to this subsection, including--
``(A) the sources of such contributions; and
``(B) in the case of funds made available by a
State or outlying area, an explanation of how such
funds are distributed to eligible providers.''
SEC. 307. STATE LEADERSHIP ACTIVITIES.
Section 223(a) (29 U.S.C. 3303(a)) is amended--
(1) in paragraph (1)(C)--
(A) by amending clause (ii) to read as follows:
``(ii) the role of eligible providers as a
one-stop partner to provide access to
employment, education (including apprenticeship
and pre-apprenticeship programs), and training
services;'';
(B) in clause (iii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(iv) assistance for students to be able
to locate and apply for apprenticeship and pre-
apprenticeship programs.''; and
(2) in paragraph (2)--
(A) in subparagraph (J), by striking the period at
the end and inserting ``, such as the development and
maintenance of policies for the credentialing of adult
educators who demonstrate effectiveness.'';
(B) by redesignating subparagraph (M) as
subparagraph (N); and
(C) by inserting after subparagraph (L) the
following:
``(M) Strengthening the quality of adult education
and family literacy programs in the State through
support for improved credentials, program quality
standards, and certification and accreditation
requirements.''.
SEC. 308. GRANTS AND CONTRACTS FOR ELIGIBLE PROVIDERS.
Section 231(e)(6) (29 U.S.C. 3321(e)(6)) is amended by striking
``including scientifically valid research and effective educational
practice'' and inserting ``including the application of the principles
of universal design for learning, scientifically valid research, and
effective educational practice''.
SEC. 309. LOCAL ADMINISTRATIVE COST LIMITS.
Section 233(a) (29 U.S.C. 3323(a)) is amended--
(1) in paragraph (1), by striking ``95 percent'' and
inserting ``85 percent''; and
(2) by amending paragraph (2) to read as follows:
``(2) of the remaining amount--
``(A) not more than 10 percent may be used for
professional development for adult educators; and
``(B) not more than 5 percent may be used for
planning, administration (including carrying out the
requirements of section 116), and the activities
described in paragraphs (3) and (5) of section 232.''.
SEC. 310. NATIONAL LEADERSHIP ACTIVITIES.
Section 242 (29 U.S.C. 3332) is amended--
(1) by amending paragraph (1) of subsection (b) to read as
follows:
``(1) assistance to help States meet the requirements of
section 116, including assistance to ensure that--
``(A) the outcomes and other data required pursuant
to that section are collected and reported in a timely
and accessible manner; and
``(B) such data are reported consistently across
States and eligible providers and are reviewed for
quality and consistency by the Department of
Education;'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``and'' at the end of
subparagraph (C);
(ii) in subparagraph (D), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(E) assistance in the dissemination or provision
of information for apprenticeship and pre-
apprenticeship programs.''; and
(B) in paragraph (2)--
(i) in subparagraph (F), by striking
``and'' at the end;
(ii) by redesignating subparagraph (G) as
subparagraph (L); and
(iii) by inserting after subparagraph (F)
the following:
``(G) developing and rigorously evaluating model
programs for the preparation of effective adult
educators;
``(H) carrying out initiatives to support the
professionalization of adult education through--
``(i) the creation and implementation of
full-time staffing models; and
``(ii) improved credentials, program
quality standards, and certification and
accreditation requirements that States may
adopt on a voluntary basis;
``(I) carrying out initiatives to support the
professionalization of adult education through the
creation and implementation of full-time staffing
models;
``(J) providing professional development and
technical assistance to adult educators;
``(K) incorporating the principles of universal
design for learning for any activity carried out under
subsection (b); and''.
SEC. 311. INTEGRATED ENGLISH LITERACY AND CIVICS EDUCATION.
Section 243 (29 U.S.C. 3333) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--From funds made available under section
211(a)(2) for each fiscal year, the Secretary shall award grants to
States, from allotments under subsection (b), for English literacy and
civics education, in combination with workforce preparation activities,
workplace adult education and family literacy activities,
apprenticeship and pre-apprenticeship programs, integrated education
and training activities, or work-based learning.'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``, and place
such adults in,''; and
(B) in paragraph (2), by inserting before the
period the following: ``, including the identification
of in-demand industries and the placement of adult
English language learners in unsubsidized employment
within these industries''; and
(3) by adding at the end the following:
``(e) State Defined.--In this section, the term `State' has the
meaning given the term in section 3, except that such term also
includes each of the outlying areas (as defined in section 3).''.
SEC. 312. TECHNICAL CORRECTIONS TO OTHER LAWS.
Section 9215(c) of the Every Student Succeeds Act (Public Law 114-
95) is amended--
(1) in the subsection heading, by striking ``Adult
Education and Literacy Act'' and inserting ``Adult Education
and Family Literacy Act''; and
(2) by striking ``the Adult Education and Literacy Act''
and inserting ``the Adult Education and Family Literacy Act''.
TITLE IV--GENERAL PROVISIONS
SEC. 401. PROHIBITION OF NATIONAL DATABASE MANAGEMENT.
Section 501(b) (29 U.S.C. 3341) is amended to read as follows:
``(b) Prohibition of National Database Management.--Nothing in this
Act (or the amendments to other laws made by the Workforce Innovation
and Opportunity Act of 2022) shall be construed to permit the
development, management, analysis, or maintenance by a private entity
(whether for-profit or non-profit) of a national database of personally
identifiable information of individuals receiving services under title
I, or the amendments to other laws made by the Workforce Innovation and
Opportunity Act of 2022.''.
SEC. 402. ACCESSIBILITY.
Subtitle A of title V (29 U.S.C. 3341 et seq.) is further amended
by adding at the end the following:
``SEC. 507. ACCESSIBILITY.
``Any uses of digital technology for the purpose of delivery of
service under this Act shall ensure that the website or electronic
communication conform to Level AA of the Web Content Accessibility
Guidelines 2.0 of the Web Accessibility Initiative (or any successor
guidelines).''.
TITLE V--AMENDMENTS TO THE WAGNER-PEYSER ACT
SEC. 501. INCLUSION OF COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS AND
AMERICAN SAMOA.
The Wagner-Peyser Act (29 U.S.C. 49 et seq.) is amended--
(1) in section 2(5) (29 U.S.C. 49a(5))--
(A) by striking ``the Commonwealth of Puerto Rico''
and inserting ``Puerto Rico''; and
(B) by inserting ``the Commonwealth of the Northern
Mariana Islands, American Samoa,'' after ``Guam,'';
(2) in section 5(b)(1) (29 U.S.C. 49d(b)(1)), by inserting
``the Commonwealth of the Northern Mariana Islands, and
American Samoa,'' after ``Guam,'';
(3) in section 6(a) (29 U.S.C. 49e(a))--
(A) by inserting ``, the Commonwealth of the
Northern Mariana Islands, and American Samoa'' after
``except for Guam'';
(B) by striking ``allot to Guam'' and inserting the
following: ``allot to--
``(1) Guam'';
(C) by striking the period at the end and inserting
``; and''; and
(D) by adding at the end the following:
``(2) the Commonwealth of the Northern Mariana Islands and
American Samoa an amount which, in relation to the total amount
available for the fiscal year, is equal to the allotment
percentage that Guam received of amounts available under this
Act in fiscal year 1983.''; and
(4) in section 6(b)(1) (29 U.S.C. 49e(b)(1)), in the matter
following subparagraph (B), by inserting ``, the Commonwealth
of the Northern Mariana Islands, American Samoa,'' after ``does
not include Guam''.
SEC. 502. WORKFORCE AND LABOR MARKET INFORMATION SYSTEM.
Section 15(g) of the Wagner-Peyser Act (29 U.S.C. 49l-2(g)) is
amended to read as follows:
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $74,400,000 for fiscal year
2023, $78,100,000 for fiscal year 2024, $82,000,000 for fiscal year
2025, $86,100,000 for fiscal year 2026, $90,400,000 for fiscal year
2027, and $94,900,000 for fiscal year 2028.''.
TITLE VI--AMENDMENTS TO THE REHABILITATION ACT OF 1973
SEC. 601. AUTHORIZATION OF APPROPRIATIONS.
(a) State Plans.--Paragraph (1) of section 100(b) of the
Rehabilitation Act of 1973 (29 U.S.C. 720(b)) is amended to read as
follows:
``(1) In general.--For the purpose of making grants to
States under part B to assist States in meeting the costs of
vocational rehabilitation services provided in accordance with
State plans under section 101, there are authorized to be
appropriated such sums as may be necessary for each of the
fiscal years 2023 through 2028, except that--
``(A) for fiscal year 2023 the amount to be
appropriated shall be not less than $4,052,400,000; and
``(B) for fiscal year 2024 and each of the
succeeding fiscal years, the amount to be appropriated
for such a fiscal year shall not be less than the
amount of the appropriation under this paragraph for
the immediately preceding fiscal year, increased by the
percentage change in the Consumer Price Index
determined under subsection (c) for the immediately
preceding fiscal year.''.
(b) Client Assistance Program.--Section 112(h) of the
Rehabilitation Act of 1973 (29 U.S.C. 732(h)) is amended to read as
follows:
``(h) There are authorized to be appropriated to carry out the
provisions of this section--
``(1) $15,507,800 for fiscal year 2023;
``(2) $16,283,190 for fiscal year 2024;
``(3) $17,097,350 for fiscal year 2025;
``(4) $17,952,217 for fiscal year 2026;
``(5) $18,849,828 for fiscal year 2027; and
``(6) $19,792,319 for fiscal year 2028.''.
(c) Research and Training.--Section 201 of the Rehabilitation Act
of 1973 (29 U.S.C. 761) is amended to read as follows:
``SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
$134,357,300 for fiscal year 2023, $141,075,165 for fiscal year 2024,
$148,128,923 for fiscal year 2025, $155,535,369 for fiscal year 2026,
$163,312,138 for fiscal year 2027, and $171,477,745 for fiscal year
2028.''.
(d) Training.--Section 302(i) of the Rehabilitation Act of 1973 (29
U.S.C. 772(i)) is amended to read as follows:
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $43,494,001 for fiscal year
2023, $45,668,701 for fiscal year 2024, $47,952,136 for fiscal year
2025, $50,349,743 for fiscal year 2026, $52,867,230 for fiscal year
2027, and $55,510,592 for fiscal year 2028.''.
(e) Demonstration and Training Programs.--Section 303(e) of the
Rehabilitation Act of 1973 (29 U.S.C. 773(e)) is amended to read as
follows:
``(e) Authorization of Appropriations.--For the purpose of carrying
out this section there are authorized to be appropriated $7,489,900 for
fiscal year 2023, $7,864,395 for fiscal year 2024, $8,257,615 for
fiscal year 2025, $8,670,495 for fiscal year 2026, $9,104,020 for
fiscal year 2027, and $9,559,221 for fiscal year 2028.''.
(f) National Council on Disability.--Section 405 of the
Rehabilitation Act of 1973 (29 U.S.C. 785) is amended to read as
follows:
``SEC. 405. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
$4,117,300 for fiscal year 2023, $4,323,165 for fiscal year 2024,
$4,539,323 for fiscal year 2025, $4,766,289 for fiscal year 2026,
$5,004,604 for fiscal year 2027, and $5,254,834 for fiscal year
2028.''.
(g) Architectural and Transportation Barriers Compliance Board.--
Section 502(j) of the Rehabilitation Act of 1973 (29 U.S.C. 792(j)) is
amended to read as follows:
``(j) There are authorized to be appropriated for the purpose of
carrying out the duties and functions of the Access Board under this
section $10,835,000 for fiscal year 2023, $11,376,750 for fiscal year
2024, $11,945,588 for fiscal year 2025, $12,542,867 for fiscal year
2026, $13,170,010 for fiscal year 2027, and $13,828,511 for fiscal year
2028.''.
(h) Protection and Advocacy of Individual Rights.--Section 509(l)
of the Rehabilitation Act of 1973 (29 U.S.C. 794e(l)) is amended to
read as follows:
``(l) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $22,808,500 for fiscal year
2023, $23,948,925 for fiscal year 2024, $25,146,371 for fiscal year
2025, $26,403,690 for fiscal year 2026, $27,723,874 for fiscal year
2027, and $29,110,068 for fiscal year 2028.''.
(i) Employment Opportunities for Individuals With Disabilities.--
Section 610 of the Rehabilitation Act of 1973 (29 U.S.C. 29 U.S.C.
795o) is amended to read as follows:
``SEC. 610. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this title
$35,599,300 for fiscal year 2023, $37,379,265 for fiscal year 2024,
$39,248,228 for fiscal year 2025, $41,210,640 for fiscal year 2026,
$43,271,172 for fiscal year 2027, and $45,434,730 for fiscal year
2028.''.
(j) Independent Living Services.--Section 714 of the Rehabilitation
Act of 1973 (29 U.S.C. 796e-3) is amended to read as follows:
``SEC. 714. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$29,564,700 for fiscal year 2023, $31,042,935 for fiscal year 2024,
$32,595,082 for fiscal year 2025, $34,224,836 for fiscal year 2026,
$35,936,078 for fiscal year 2027, and $37,732,882 for fiscal year
2028.''.
(k) Centers for Independent Living.--Section 727 of the
Rehabilitation Act of 1973 (29 U.S.C. 796f-6) is amended to read as
follows:
``SEC. 727. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$101,191,200 for fiscal year 2023, $106,250,760 for fiscal year 2024,
$111,563,298 for fiscal year 2025, $117,141,463 for fiscal year 2026,
$122,998,536 for fiscal year 2027, and $129,148,463 for fiscal year
2028.''.
(l) Independent Living Services for Older Individuals Who Are
Blind.--Section 753 of the Rehabilitation Act of 1973 (29 U.S.C. 796l)
is amended to read as follows:
``SEC. 753. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this chapter
$43,055,100 for fiscal year 2023, $45,207,855 for fiscal year 2024,
$47,468,248 for fiscal year 2025, $49,841,660 for fiscal year 2026,
$52,333,743 for fiscal year 2027, and $54,950,430 for fiscal year
2028.''.
Union Calendar No. 240
117th CONGRESS
2d Session
H. R. 7309
[Report No. 117-321]
_______________________________________________________________________
A BILL
To reauthorize the Workforce Innovation and Opportunity Act.
_______________________________________________________________________
May 12, 2022
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed